Harriet Tubman Brave American Abolitionist - Free Essay Example

Sample details Pages: 1 Words: 411 Downloads: 1 Date added: 2019/06/10 Category History Essay Level High school Topics: Harriet Tubman Essay Did you like this example? Harriet Tubman The person we know as Harriet Tubman is well known in history. Many do not know her real name is Araminta Minty Ross given to her by her parents, Harriet Green and Benjamin Ross. Araminta was born in 1820 in Maryland, she was born to enslaved african americans and had grown up on a plantation owned by Edward Bordas. Eventually over the time she was living there she had changed her name to Harriet Tubman. Over time Tubman was also known as Moses to many people. Harriet had many hardships in life one out of many being beaten for not wanting to do jobs that were not on the field and due to that she would be sent home beat. Another hardship would be her escaping slavery and leaving her family behind. Harriet was torn after her siblings had been sold to the point where she wanted to escape for her self and to finally achieve her goal of freedom.Harriet Tubman had escaped to pennsylvania in 1849, but freedom was not enough for her, she wanted more and the more she wanted is freedom for others as well such as her own family and friends on the plantation. Don’t waste time! Our writers will create an original "Harriet Tubman: Brave American Abolitionist" essay for you Create order Harriet Tubman was known for many great things, one of those things were her use of the Underground Railroad where she was known as a conductor , a conductor is a person who leads enslaved african americans to freedom. Then there is pilots, these people go down south to seek enslaved african americans wanting to escape. The enslaved african americans wanting to escape to freedom are known as passengers or even cargo. Lastly, the safehouses the enslaved african americans resided in were known as stations. Harriet Tubman had used the Underground Railroad the most during the fall or spring due to the shorter daylight hours. It was easier to move the enslaved african americans in the dark so they wouldnt be caught in the process of a crime. Tubman never use the same route back to back, the reason for this is so she wouldnt be caught helping enslaved african americans escape from their owners. While doing this she had gone against the Fugitive Slave Law which was a law where you had to return the runaway slaves. Harriet never cared about this law, she had continued escorting enslaved african americans north into Canada. Harriet Tubman was also known as a brave American abolitionist, political activist, as well as a womens suffrage activist.

Essay Hydraulic Fracturing Must be Reformed - 1457 Words

The multi-billion dollar gas industry is seeking to expand its production across the nation, in light of new technology making extracting natural gas much easier. A Healthy alternative to the fossil fuels we so frivolously use is now more critical than ever. In 2011, the United States used 18.83 million barrels of raw oil daily, and in 2010 19.18 million barrels of petroleum products and biofuels. In 2010 and 2011, that was nearly 22% of the world’s oil supply. (U.S Department of Energy) Previously inaccessible areas in the Marcellus Shale region of the United States, stretching from West Virginia to New York, are being unearthed by a controversial method of extracting natural gas, called hydraulic fracturing, or fracking. A Healthy†¦show more content†¦Her report used 24 case studies of shale-gas regions in six states whose livestock have experienced a wide range of neurological, reproductive, and gastrointestinal problems after exposure to chemicals from fracking through water or air, accidentally or incidentally. (Bamberger, 194) The livestock death toll is small when examined next to the nations livestock in a whole, but the study shows that this may be a harbinger for the nations live food supply. In northern Pennsylvania, a livestock population was examined where fracking wastewater was exposed to 140 cattle, around 70 cows died, and the cattle that did survive, reproduced a slim number of 11 calves, and within those 11 calves, only three survived. (Ba mberger 195) This study was done on a small portion of the nations cattle supply when examined, but empirical data suggests that if fracking is expanded, so will the negative health effects of our food supply. Within the Marcellus Shale region in western Pennsylvania, fracking chemicals were accidently released into a pasture where one farm had their pregnant cows graze. Directly correlated to this, over 50% of their calves were born dead. Within this study, cattle farmers in West Virginia, Texas, and Colorado, also reported deaths of their livestock via fracking chemicals. (Bamberger 195) Michelle Bambergner isolated her study to Jacki Schilke’s cattle farm in North Dakota, in the center of the states growingShow MoreRelatedHydraulic Fracturing, or â€Å"Fracking†, is questionable in many people’s eyes. The â€Å"Why† â€Å"How†1700 Words   |  7 PagesHydraulic Fracturing, or â€Å"Fracking†, is questionable in many people’s eyes . The â€Å"Why† â€Å"How† comes up often when hydraulic fracturing is mentioned. Fracking has been tested and proven to be an environmental safe process. Introduced in the 1940’s, hydraulic fracturing has discovered a considerable amount of oil and clean-burning natural gas from underneath the earth’s surface. Fracking contributes in providing well-needed resources from the earth’s surface to increase our country’s energy security

Speech for Eutanasia free essay sample

You need to make sure that the audience understands and remembers the essential information. Some examples of an informative speech: A teacher telling students about earthquakes A tour guide telling people about the Tower of London A layout Speech- An layout Speech is like giving someone directions, or explaining the location of a place. It Is not very common as a formal speech, but It Is something you often have to when explaining to people about a town or large building. A layout speech tells the audience where things are. It may also describe there size and shape.Gestures are very important in a layout speech. Some examples of a layout speech: An Interior designer explaining the layout of the new city hall A police officer giving directions to lost tourists A Demonstration Speech- A demonstration speech Is like an Informative speech because you have to teach the audience about something. We will write a custom essay sample on Speech for Eutanasia or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page However, in a demonstration speech you will not just tell the audience about something, you will also tell them how to do something. Your speech will be successful if at the end of your speech the audience can do what you showed them to do.Some examples of a demonstration speech: A policeman telling someone how to get to the station A chef telling his audience how to make chocolate cake A Persuasive Speech-A persuasive speech contains information to help people make a decision. The purpose of a persuasive speech is to persuade people to change in Some examples off persuasive speech: A politician asking people some way. To vote for her A nurse persuading a patient to stop smoking The Inspirational Speech-An Inspirational speech Is written to persuade, or convince the listeners, that they can succeed.This might involve relating optimistic and uplifting stories, or anecdotes, examples of Inspirational speeches? * Nobel Lecture by Mother Teresa on December 1 lath 1979 * I have a Dream Speech by Martin Luther King JAR. The Motivational Speech-a motivational speech is written to persuade, or convince the listeners, to take action to Improve. Examples of Motivational speeches? * Helen Keller June 30, 1925 Acceptance Speech- An Acceptance speech is written to provide an expression of gratitude for some form of award.An award is a symbol signifying approval or extinction or an honor or reward which has been given on the basis of merit, for excellence in a specific field. Courtesy requires that sometimes an acceptance speech is necessary in response to such an honor. Examples of Acceptance speeches? * Oper a Winfred Speech 54th EMMY Awards * Kopi Anna Speech Nobel Prize Acceptance The Graduation Speech-A graduation or commencement speech is given by a student of a high school, college or university to a graduating class and their guests. A Graduation speech is written to celebrate past experiences, accomplishments and true hopes. This type of speech should also be short and fun remember to try to inject some humor! Birthday Speech A Birthday speech is written to extend congratulations at reaching a special milestone. These occasions are generally informal but it is always helpful to plan what you are going to say in advance so that the content of your speech is not Just left to chance The Introduction Speech An Introduction speech is an opener written to introduce the speaker and the subject they will be talking about.It is helpful to provide the audience with details of the beakers background and achievements in order to To establish the speakers credibility with respect to the topic. Anniversary Speech An Anniversary speech is written to extend congratulations at reaching a special milestone in a marriage. The Retirement Speech A Retirement speech is written to extend congratulations at reaching the special milest one at the end of a persons career. To provide interesting and useful information an expression of esteem, to show thanks or respect to the person who is retiring. These occasions are generally informal

The Other Side Of Truth free essay sample

The Other Side of Truth Beverly Naidoo’s interesting novel ‘The Other Side of Truth’ shows how telling the truth at all times may become an issue in certain scenarios. In this novel two Nigerian children, Sade and Femi, have to flee to England without anyone else they know, after their mother is shot by the Nigerian government, in order to be safe. Naidoo emphasises the difficulties that always telling the truth can cause, through the theme of problems with the truth. I will explain how Naidoo conveys this message in this essay. Throughout the novel, the characters experience a lot of drastic changes which alter their attitudes towards the truth. Sade, a Nigerian school girl, is the main character. Her and her younger brother Femi have been brought up with their father Folarin’s a strong belief that lying is unacceptable and that the truth must always be told no matter what the circumstances are. We will write a custom essay sample on The Other Side Of Truth or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page However Sade’s opinions towards the truth change when she flees to England without her parents. Sade is upset by having to lie but she understands what the consequences may be if she tells the truth. Therefore Sade is left confused whether she is doing the right or wrong thing. â€Å"Sade’s mind crashed again†, shows how overwhelmed Sade feels. Meanwhile Femi feels entirely different. He blocks himself out of the situation and refuses to talk to anyone. However this just makes the situation worse as it creates a tense atmosphere between Sade and Femi and makes Sade feel as if she is alone. Femi didn’t want to be part of all the new changes that were taking place in his life. â€Å"Femi wasn’t trying to make sense of things† shows how setback he was from everyone else and how unwilling he was to change. Although telling the truth in Nigeria could be fatal, Sade and Femi were brought up to never lie. Folarin, their father, was a journalist for a newspaper that published antigovernment articles. Even though the articles were truthful the journalists frequently found themselves in serious trouble with the government. Folarin believed that you should always tell the truth no matter what the situation. Because of this the Nigerian government shot Sade and Femi’s mother. â€Å"Even the family house won ’t be safe. These people mean business. They know our village.† This quote shows how unsafe Nigeria was to them. The novel also explains how the neighbourhoods are enclosed within gates with people guarding the entrance and exit. Once they had left Nigeria, Sade and Femi had hoped to be welcomed into a safe environment.  However the children didn’t experience a very safe start to their new life in London. Soon after arriving in England, Sade and Femi were abandoned by the stranger that had helped to smuggle them overseas. Whilst freezing in the winter wind, all of the children’s belongings were stolen by a homeless man. â€Å"She broke off in horror as a shape rose up from the deeper shadows of the alley. This shows how terrifying the situation was to Sade and Femi. When Sade and Femi were given a foster family and start a new school, they are bullied but they are able to find help to try and reunite them with their father. ‘The Other Side of Truth’ is told in third person limited which allows us to read the story from Sade’s perspective. This enables us, as readers, to get to know all of the characters, especially Sade, more personally and realistically. By seeing things mainly from Sade’s point of view you learn exactly how Sade and Femi feel about the truth and how strong their parent’s influences have been. There are several flashbacks though out the novel which gives you an insight into Sade and Femi’s life in Nigeria. They are helpful as they let you know why Sade and Femi may handle different scenarios the way that they do. In conclusion, Beverly Naidoo’s novel ‘The Other Side of Truth’ conveys how truth telling can make a huge impact within different situations. As readers, we are also able to see the different coping strategies that each of the characters use when they are put in a situation where they feel unable to tell the truth. This novel makes you think about how dangerous some of the countries in the world are and how badly other people are treated. Jenny Foster 2.6

Risk Syndrom in Teens essays

Risk Syndrom in Teens essays Risk Syndrome Found In Overweight Teens There are several issues that need to be dealt with in the world today but overweight teens is something so important that it requires immediate attention. Nearly 1 million U.S. teenagers suffer from a syndrome associated with being overweight that makes them unusually prone to diabetes and premature heart disease later in life(Washington Post 2003), this number frightens me. This article information is as of 2003, but unfortunately the situation has only got worse. When searching for an article in the Washington Post to use for my report, this one struck my eye, or heart. Reason why My generation ( teens ) is mentioned in the title of this article along with the devastating word Overweight. Everyone knows that being overweight is setting you up for heart disease, and heart disease for the early aged is key for a short life. In this article I learned that this metabolic syndrome is becoming more popular among the American population particularly the young who are overweight, Its very , very disturbing. Youre talking about people who havent even become adults yet who are already on the way to cardiovascular disease, (Washington Post 2003) says Michael Weitzman, director of American Academy of Pediatrics Center for Child Health Research. This quote shows exactly how I feel about the issue, especially since its affecting my generation, which ultimately affects me. Another interesting fact that I learned through this article was that, Previous studies found that 22 percent of U.S. adults have metabolic syndrome, but no one had assessed the prevalence of the disorder in teenagers, (Washington Post 2003) showing that the disorder in teenagers was not being watched closely enough earlier, now that the study has been done we need to do something about it and reduce these numbers in teens immediately. The next thing ...

Huey Newton, Co-Founder of Black Panther Party

Huey Newton, Co-Founder of Black Panther Party Huey Newton was an African American political activist who co-founded the Black Panther Party in 1966. When Newton was convicted for the fatal shooting of a police officer, his imprisonment became a common cause among activists in the United States. The slogan Free Huey appeared on banners and buttons at protests across the country. He was later released after two re-trials resulted in hung juries. Fast Facts: Huey Newton Known For: Co-founder of the Black Panther Party for Self DefenseBorn: February 17, 1942 in Monroe, LouisianaDied: August 23, 1989 in Oakland, CaliforniaEducation: Merritt College (A.A.), University of California at Santa Cruz (B.A., Ph.D.), Oakland City College (law classes, no degree), San Francisco Law School (law classes, no degree)Notable Quote: Political power comes through the barrel of a gun. Early Life and Education Huey P. Newton was born in Monroe, Louisiana, on February 17, 1942. He was named after Huey P. Long, the former governor of Louisiana who became notorious as a radical populist in the early 1930s. In 1945, Newtons family moved to California, drawn by the job opportunities that arose in the Bay Area as a result of the wartime industrial boom. They struggled financially and moved around often throughout Newtons life. He completed high school- which he later described as an experience that nearly killed [his] urge to inquire- without being able to read (he later taught himself). After high school, he earned an A.A. degree from Merritt College and took law school classes at Oakland City College. Starting in his teen years and continuing through college, Newton was arrested for crimes like mostly petty crimes such as vandalism and burglary. In 1965, when he was 22 years old, Newton was arrested and convicted of assault with a deadly weapon and sentenced to six months in jail. Most of his sentence was served in solitary confinement. Founding the Black Panther Party During his time at Oakland City College, Newton joined the Afro-American Association, which inspired him to become politically and socially conscious. He later said that his Oakland public education had made him feel ashamed of being black, but that his shame began to transform into pride once he encountered black activists. He also began reading radical activist literature, including works by Che Guevara and Malcolm X. Newton soon realized that there were few organizations advocating for lower class African Americans in Oakland. In October 1966, he joined up with Bobby Seale to form a new group, which they called the Black Panther Party for Self Defense. The organization was focused on fighting police brutality in Oakland and San Francisco. With Seale as chairman and Newton as minister of defense, the Black Panthers quickly assembled a membership and began patrolling Oakland neighborhoods. When police were spotted interacting with black citizens, the Panthers would approach and inform the civilians of their constitutional rights. Newton took part in such actions, sometimes while brandishing a law book. The organization adopted a uniform of black leather jackets, black berets, and sunglasses. This distinct uniform, as well as their prominent display of guns and bandoliers of shotgun shells, made the Black Panthers highly noticeable. By the spring of 1967, stories about Newton and the Black Panthers began appearing in major publications. Guns and Political Power The Black Panthers encouraged black citizens of Oakland to begin carrying firearms, citing their Constitutional right under the Second Amendment, and tensions between police and the Black Panthers continued to grow. An article published in the New York Times on May 3, 1967 described an incident in which Newton, Seale, and about 30 other Black Panthers strode into the California capitol in Sacramento with their weapons prominently displayed. The story was headlined Armed Negroes Protest Gun Bill. The Black Panthers had arrived in dramatic fashion to voice their opposition to a proposed law against carrying firearms. It seemed the law had been drafted specifically to curtail their activities. Weeks later, in another article in the New York Times, Newton was described as being surrounded by armed followers in an apartment in San Franciscos Haight-Ashbury neighborhood. Newton was quoted as saying, Political power comes through the barrel of a gun. Arrest and Conviction About a year after the Black Panthers first rose to prominence, Newton became entangled in a high-profile legal case. The case centered around the death of John Frey, who died after pulling over Huey Newton and a friend for a traffic stop. Newton was arrested at the scene. In September 1968, he was convicted of voluntary manslaughter and received a sentence of two to 15 years in prison. Newtons incarceration became a major cause among young radicals and activists. Free Huey buttons and banners could be seen at protests and anti-war rallies nationwide, and rallies for Newtons release were held in numerous American cities. At the time, police actions against Black Panthers in other cities made headlines. In May 1970, Newton was granted a new trial. After two trials were held and both resulted in hung juries, the case was dropped and Newton was released. The specific events, as well as Newtons potential culpability, surrounding John Freys death remain uncertain. Later Life Following his release from prison in 1970, Newton resumed leadership of the Black Panthers and began studying at the University of California at Santa Cruz, where he earned a B.A. in 1974. After a period of relative quiet, Newton was charged with the murder of a teenage sex worker named Kathleen Smith. He was also arrested for assaulting his tailor. Newton fled to Cuba, where he lived in exile for three years. In 1977, Newton returned to California, asserting that the political climate in the United States had changed enough that he could receive a fair trial. After juries were deadlocked, Newton was acquitted of the murder of Kathleen Smith. He returned to the Black Panther organization, and also returned to college. In 1980, he received a Ph.D. from the University of California at Santa Cruz. He wrote a thesis about the repression of the Black Panthers. Death and Legacy In the 1980s, Newton grappled with drug addiction and alcohol abuse. He remained involved with neighborhood programs pioneered by the Black Panthers. However, in 1985, he was arrested for embezzling funds. He was later arrested on a weapons charge, and was also suspected of being involved in the drug trade. In the early hours of August 23, 1989, Newton was shot and killed on a street in Oakland, California. His killing was reported on the front page of the New York Times. Tyrone Robinson confessed to the murder, and it was concluded that the killing was connected to Newtons significant debt caused by his cocaine addiction. Today, Newtons legacy is one of leadership within the Black Panther Party, as well as his controversial convictions and allegations of violence. Sources Nagel, Rob. Newton, Huey 1942–1989. Contemporary Black Biography, edited by Barbara Carlisle Bigelow, vol. 2, Gale, 1992, pp. 177-180. Gale Virtual Reference Library.Huey P. Newton. Encyclopedia of World Biography, 2nd ed., vol. 11, Gale, 2004, pp. 367-369. Gale Virtual Reference Library.Spencer, Robyn. Newton, Huey P. Encyclopedia of African-American Culture and History, edited by Colin A. Palmer, 2nd ed., vol. 4, Macmillan Reference USA, 2006, pp. 1649-1651. Gale Virtual Reference Library.Associated Press. Huey Newton Killed; Was a Co-Founder Of Black Panthers. New York Times, 23 August 1989, p. A1.Buursma, Bruce. Newton Slain In Drug Dispute, Police Say. Chicago Tribune, 27 August 1989.

IPhone Customer Satisfaction Assignment Example | Topics and Well Written Essays - 3500 words

IPhone Customer Satisfaction - Assignment Example The purpose for research into iPhone customer satisfaction of service and functions is to investigate why has it fallen from the number one ranking within the USA and UK market place. This research is crucial to the academic field as it will provide relevant information to the future researchers related to the satisfaction level of customers with iPhone. The research will help in providing information on the impact of customer services of iPhone on enhancing customer loyalty, thereby, enabling companies to be able to enhance the customers’ satisfaction level by designing and developing highly innovative and attractive products. In addition, this research study will help in identifying any other key factor responsible for the decline and if the causes are from the macro or micro environments or if they are frequent. This will help Apple and other companies in coming up with strategies to tackle such declines.The research methods that have been adopted for this project include t he use of questionnaires and the secondary method in the form of literature review as well as face to face interview with the potential/current customers and potential clients.  An investigator has an obligation of ensuring that the subjects receive a full disclosure of the nature of the study, the risks, benefits and alternatives, as well as an extended opportunity to ask questions. As a result, the research took into account ethical considerations towards the respondents as well as the company researched. This was made evident in the questionnaire within the opening paragraph, to ensure the individual was immediately aware of the considerations and that the company was not harmed in any way with regards to the research undertaken.

Education Case Study Example | Topics and Well Written Essays - 1250 words

Education - Case Study Example fled Athens to the country side to escape his persecutors, saying that he would not allow â€Å"Athenians to sin a second time against philosophy,† referring to the cruelty imparted to Socrates earlier? (Davidson, 2005, pp.159). 16. Who was the ancient Greek philosopher who added drawing to the educational curriculum of Greek society which had until then only three components, literacy, music and gymnastics? (Mahaffy, 2010, pp.52-53) 19. Which ancient Greek scholar prescribed ‘Dorian’ as the most appropriate scale for teaching music as part of education and said that flutes should not be used in teaching the same? (Plato et.al., 1996, pp.49) 24. In which ancient Greek state could we find a home that â€Å"enjoyed the greatest honour and sanctity and the house-mother stood highest in reverence and social importance, and where violations of fidelity were rarest†? (Mahaffy, 2010, pp.121) 32. In which country of ancient Greece, was the education of a woman thought totally unnecessary and â€Å"to see, hear and say as little as possible† was considered as the foremost virtue of a woman? (Powell, 2001, pp.352). 41. Which was the ancient Greek state which kept role of family and state in the area of education, strictly apart, fearing that any merger would hamper the freedom of the individual? (Davidson, 2005,

The Doctrinal Basis Of Liability Essay Example for Free

The Doctrinal Basis Of Liability Essay There are three areas of doctrine of importance to banks. The first concerns the general standard of care the law expects, once a duty of care has been established, whether that be in contract, tort, or fiduciary law. Then the potential liability of a bank is explored as a fiduciary, constructive trustee, or an accessory. Finally, there is brief mention of some emerging standards of liability which have primarily a statutory base. 1. 1. Reasonable Care and Skill A duty of reasonable care and skill for anyone providing a service (including giving advice) runs through contract, tort, and fiduciary law. After a mass of conflicting case law, notably the challenge to concurrent liability in contract and tort posed by the banking case, Tai Hing Cotton Mill Ltd v Liu Chong Hing Bank (1986), it is now settled that a claimant may seek compensation for economic loss caused through the failure to exercise reasonable care and skill in both contract and tort. As for fiduciary law, it has long been the position that a fiduciary (including a trustee) must act or advise with reasonable care and skill. There is long-established authority, in the context of bills of exchange that a bank can be in breach of its duty of reasonable care and skill in failing to make inquiries. Factors such as the standing of the customer, the bank’s knowledge of the signatory, the amount involved, the need for prompt transfer, the presence of unusual features, and the scope and means for making reasonable inquiries may be relevant. . 2. Fiduciary Law (i) Fiduciary Duties and Their Negation Apart from the duty of care key prescriptions are that fiduciaries (1)Should not permit their private interests to conflict with their duty to a beneficiary of the duty; (2)Should not permit their duties to one beneficiary to conflict with their duties to another; (3)Should not make a secret profit, i. e. a profit from their position which is undisclosed to their beneficiaries; and (4)Have a duty of confidentiality. While contracts may modify the scope of fiduciary duties, however, it cannot be that contract can be invoked to negate them regardless of the circumstance. Thus, since many private customers will not necessarily expect their bank to be conducting conflicting corporate-finance business, it will be difficult to imply a contract term negating the undivided loyalty the bank may owe if it is a fiduciary. (ii) Trustees and Agents Fiduciary duties are clearly imposed on trustees and agents. The position with trustees is relatively straightforward. In acting as a trustee of an estate or investment fund a bank must not invest with itself. But a bank will not be in breach of its fiduciary duties if the trust instrument empowers it to open accounts or make deposits or investment with itself, despite its being the trustee. The fiduciary duties attaching to an agent vary, with the nature of the agency. Thus, the bank instructed simply a buy or sell securities has fewer fiduciary duties than if it is the manager of a discretionary fund. (iii) Banks as Financial Advisers and Facilitators need: To furnish all relevant information, relevant in making investment decisions. To give best advice it can. †¢To obtain the best terms for the customers. Woods v. Martins Bank Ltd is an old authority, where the bank advised A to invest in B, which was heavily indebted to it. It is still good law although, since it predated Hedley Byrne, it was necessary to find a fiduciary relationship if liability was to be imposed for negligent advice. 1. 3. Knowing Receipt, Inconsistent Dealing and Assistance (i) Knowing Receipt For this form of liability it must be shown, first that the funds have been disposed of in breach of trust, fiduciary duty, or as a result of some other unconscionable dealing. Moneys held on trust and misapplied are obviously caught. So, too, are misapplied corporate moneys since historically directors have been treated as if they were trustees of the property of the company under their control, so that any wrongful disposition is a breach of trust. The second prerequisite to an action in knowing receipt is that the bank must have received the claimant’s funds for its own benefit. Tracing has a role here: the bank must have beneficially received funds which are traceable as representing those of the claimant. Thirdly, liability for knowing receipt demands knowledge on the part of the bank that there has been a payment in breach of trust, fiduciary duty etc. (ii) Inconsistent Dealing A bank receiving funds in circumstances which do not constitute knowing receipt can still be liable if those funds are subsequently applied for its own benefit (‘inconsistent dealing’). At that point the bank must know that the funds involved are subject to a trust or fiduciary duty and that what it is doing with them is in breach of that. (iii) Assistance Even if a bank is not liable for knowing receipt, it may be liable as an accessory for dishonest assistance. Assistance is a form of accessory liability, which sits alongside other forms of accessory liability in equity, such as the receipt of information in breach of confidence, and including breach of trust or fiduciary duty. What are the prerequisites for accessory liability? First, there has to be a breach of trust or fiduciary duty. Second element in assistance is fault. One gloss in this context is the suggestion in the oft-cited case of Barnes v. Addy (1874) that for assistance there has to be ‘a dishonest and fraudulent design on the part of the trustee’. This may be defended as a way of narrowing the potential liability of accessories such as banks. However, it is now clear that there is no need to establish fraud on the part of the trustee or fiduciary, and an innocent breach of duty is sufficient. Emerging Standard: Due Diligence, Suitability, Good Faith Due diligence as a standard emerged from securities law: in the United States a bank involved in a public offer of securities must make its own investigations (in relation to statements for which it takes responsibility), in other words it is obliged to undertake ‘due diligence’ in relation to the issuer and the issue. This seems to be part of a growing trend to make banks statutorily liable for unlawful activities which they facilitate by their operations, unless they an demonstrate due diligence. Suitability too is a concept most developed in the area of securities regulation. It imposes a liability on those marketing securities which are incompatible with the needs of customer. Closely associate good faith with notions such as fairness, honestly, and reasonableness. In other words, it means simply that in the performance of a contract both parties are assumed to agree not to do anything to impede its performanc e, or to injure the right of the other to receive its benefits. The good-faith doctrine has been invoked in the context of banking, requiring a bank to disclose material information to a commercial counterparty. 2. Duty to advise and the liability for the advice given Some situations clearly involve a bank in giving advice. Advice on reorganization, mergers and acquisitions financing, and so on is the staple diet of investment (merchant) banking. In other situations a bank may assume the role of financial adviser. However, many banking services are not associated with giving advice. The legal issue is whether there is any obligation on a bank to proffer advice in this situation. The second matter addressed is a bank’s liability if it actually does give advice, the advice is faulty, and the customer incurs a loss. 2. 1. Duty to advise (i) The General Rule Generally speaking, one party will be under no obligation to advise another about the nature of the transaction, its prudence, or other features. So, too, in banking, English courts have held that the bank providing an account for a customer need not advise on the risks, or on the tax implications, of certain payments in relation to it. Nor need it advise customers of a more advantageous type of account it is now providing. However, there is a rather clear difference between these and some of the other services and transactions of the modern multifunctional bank. Take the bank selling its own products-be they derivatives to commercial customers, or insurance policies, or interests in a collective investment scheme to private customers. (ii) Situations imposing a duty to advise The first situation where the law imposes a duty to advise is a misrepresentation –a failure to speak or act can constitute conduct which misleads. Thus a half-truth may constitute a misrepresentation, as where a bank canvasses the advantages, but not the risks, of a transaction with a customer. The bank must tell the whole story. A bank’s advertising may be relevant in this respect. Secondly, there can be liability for a failure to disclose in precontractual negotiations if there has been a voluntary assumption of responsibility to do so and reliance by the customer because the court held that the bank was liable when its manage failed to explain clearly to the wife, the effect of a charge over a joint property to secure the husband’s borrowing from the bank. Thirdly, in Cornish v. Midland Bank, Glidewell LJ said that once a bank enters upon the task of advising a customer, it is obliged to explain fully and properly about the nature of the borrowing. Fourthly, if a relationship is fiduciary in character, then disclosure is necessary if a person is to avoid liability for putting interest above duty, or duty to one above duty to another. Fifthly, at common law a bank which takes a guarantee is bound to disclose unusual features in the transaction which has been guarantee. Finally, the duty to advise can be imposed as a result of regulation. (iii) The Advice Required (If Any) Advice may translate into the legal concept of notice, as where the bank must give notice in relation to a conflict of interest. Complete disclosure of all relevant facts known to the fiduciary is required. Advice must, of course, be honestly given-otherwise it is fraudulent. Generally speaking it must also be accurate. Some advice involves highlighting the terms of the contract being entered (or at least some of them). Another approach is to require advice about the alternative on offer-in terms, say, of repayment methods, interest rates, charges, and commissions. Perhaps the most effective advice in relation to some banking transactions is advise, about the attendant risk. The standard demanded here may be objective, although it could also be associated with an obligation on the bank to take steps to ensure that this particular customer understands the risks. 2. 2. Liability for advice given Bank’s promotional material, may lead to the conclusion that it has taken on the responsibility of the borrower’s financial adviser. There is greater chance of liability when the bank advises unsophisticated customers; in several cases the English courts have held that a bank was liable when its bank manager failed to explain clearly to a wife the effect of a charge taken over joint property to secure a husband’s borrowings. Negligent advice can obviously occur in the range of matters in which banks become involved. Examples includes credit references; failure to pass on information on when a bank enters upon the task of advising a potential borrower about the attendant risks of a particular facility; statements by bank that it will make available to a customer adequate funds to enter a contract with a third party; advice about investments; and assurances that workout plans are heading in the right direction, and that the bank is optimistic about an agreement being reached. In Hedley Byrne the bank avoided liability because of a disclaimer in the reference. In would seem right as a matter of policy for a bank to be able to avoid the consequences of giving negligent advice by suitable notice to those receiving it. As a matter of policy, whether this is regarded conceptually as aborting liability or a exempting from liability already begotten is beside the point. The central issue in practice should be whether the disclaimer of , or exemption from, liability has been made clear to those being advised so they are in no doubt that the bank is washing its hands of the consequences if the advice proves inappropriate or wrong. A small print clause in a document given to those being advised is unlikely to satisfy this test. In English law the matter is handled by applying the unfair contract terms legislation. The seminal case recognizing the tort of negligent advice, Hedley Byrne Co. Ltd. V. Heller Partners Ltd, involved advice given about a customer’s creditworthiness in a bank reference. As subsequently interpreted, Hedley Byrne liability depends importantly on an assumption of responsibility by a bank, a sufficiently proximate relationship between the bank and the customer or third party, and on there being reliance on the statement. Assumption of responsibility an proximity are, in large part, legal fictions, and in practice a court will have regard to factors such as the purpose for which the statement was made and communicated, the bank’s knowledge that the advice was needed for a particular purpose, the relationship between the bank and the person relying on the advice, and the size of any class to which the latter belongs. As regards disclosure (and this includes electronic disclosure), it is worth repeating here what was said in Woods v. Martins Bank Ltd [1959] 1 Q. B. 5 at 60, where Salmon J. said It cannot be too clearly understood that solicitors owe a duty to the court, as officers of the court to make sure, as far as possible, that no relevant documents have been omitted from their clients list. Barclays Bank v OBrien [1994] 1 AC 180. A husband and wife agreed to a second mortgage secured on their home to help out the husbands ailing company. The necessary documents were sent to a branch with instructions to ensure that the couple were aware of what they doing and to take legal advice on the matter. This did not occur. The wife signed the documents, relying on her husbands explanation of the situation (that it involved ? 60,000 for 3 weeks). When the debt reached ? 154,000, the bank ordered the house to be repossessed. At appeal, the court held that misrepresentation to the wife had occurred, the bank was fixed with constructive notice and the wifes equitable right was enforceable against the bank. The case of Royal Bank of Scotland v Etridge was decided by the Lords in a Judgment handed down on 11th October 2001. The case set standards for lending institutions where guarantees are given by a third party. It also sets standards for Solicitors who take on the task of advising those third parties. The most important point for lending institutions, thinking of enforcing their security is that cases of this nature need to be tested on their facts. It will make the lower Courts think very carefully whether cases which are perceived as hopeless should be struck out at an early stage. The decision in this series of appeals mitigates against early strike out. It could mean that lending institutions no longer have a quick route by which to realize the security and in many cases they will be locked into trials which could prove lengthy and expensive.

Cinderella Syndrome Essay -- essays research papers

Cinderella Syndrome I think the time has come for someone to write â€Å"Cinderella: The Sequel.† How did we get here? In 1697, French writer Charles Perrault updated an age-old fairy tale about a young woman named Cinderella to appeal to his contemporaries, French nobility and bourgeoisie. So many of the early versions of the tale boasted a very resourceful young woman who played an active role in her destiny. Perrault, however wrote his Cinderella as a well-mannered, docile, selfless women who would fit seamlessly with the ideal 17th century upper-class society. Historically, fairy tales have reflected the values of society in which they were written or revised mirroring its preoccupations, obsessions, ambitions, and shortcomings. What do these updates say about our culture’s view of women and marriage? It was this version that Walt Disney made famous in the 1950’s and to which feminists strongly reacted to in the 1960’s and 1970’s and ultimately co-opting the story to their own needs. What do these updates say about our culture’s view of women and marriage? In her famous poem, â€Å"Cinderella, Ann Sexton mocks the happily ever after. â€Å"Cinderella and the prince lived, they say, happily ever after, like two dolls in a museum case that was never bothered by diapers or dust.† Today’s teenage girls have been brought up by women who read Sexton and her peers and who have taught their daughters that they can want it all, marriage, career, family. But can they have it all? I feel that ...

Cultural Diversity within Organizations

Addressing Cultural Diversity within OrganizationsTeg does non hold a diverseness direction plan or policy in topographic point. Cultural diverseness within organisations has been known to heighten productiveness and good inter-relationship between the employees. Examples of cultural diverseness are multicultural dialogue, communicating, direction every bit good as in other concern patterns such as enlisting. This sort of diverseness has gained significance in the current planetary economic system. However the cultural differences constructs and their effects on making concern and communication are complex and have several viing footings in usage. This paper seeks to set up the footings for cultural differences every bit good as analyze their impacts on an industry such as Target Engineering Group ( TEG ) . The paper besides seeks to set up the cultural diverseness plans that can be developed at TEG.The footings inter-cultural and multi-cultural are chiefly used when mentioning to th e integrating of different civilizations from different states. In every bit much as this may be true, cultural diverseness besides embraces several local facets such as the ratio of adult females to work forces in a workplace. In Helen Sharp ‘s ( 1995 ) work â€Å"Challenging Students to React to Multicultural Issues† , there are two instances that query the possibility of an American working in a foreign land. Besides, the footings in cultural diverseness are non merely synonymous to international integrating, but besides to gender, race, generational or socio-cultural issues. Understanding the significance of diverseness is the initial measure towards turn toing the issues related to diverseness. The universe in which we live demonstrates a perfect illustration of diverseness. There is a diverse universe of the Moon, Sun, stars, planes and other organic structures with each holding its ain bound way every bit good as its intent fro being. Since the people who live in this universe are of diverse gender, race, cultural and geographical entities the industries and companies such as TEG must absorb and acculturate these constructs. The employees in a company are diverse in category, gender, faith every bit good as diverse states and backgrounds. For successful operation of TEG, it must follow civilization variegation to suit each of the above listed diversenesss. Cultural diverseness may be defined as the assortment of civilizations or human societies in a peculiar part – in our instance the TEG. Cultural diverseness besides refers to the cultural differences that exist between persons such as linguistic communication, frock and traditions, art and interests, moral and spiritual every bit good as the disparities in the manner societies organize themselves. Cultural diverseness is nevertheless hard to quantify but on the other manus it is easy identifiable. There are certain facets of cultural diverseness that deficiency at TEG on top of the deficiency of a diverseness direction plan. TEG does non hold a diverse group of the black employees every bit good as adult females on their staff. This is evidenced by the low per centum of black employees in this company. TEG has besides non taken the advantages that come with the acceptance of cultural diverseness despite being really successful in supplying professional technology services in t he tri-county parts of West Palm Beach, Broward and Miami-Dade. Besides the Human Resource at TEG does non concentrate its attempts on seeking the services of the minorities particularly when advertisement for a occupation place. The occupation advertizements are placed on the web sites or the newspaper ( Keyton, 2005 ) . The companies that have developed cultural diverseness are making really good despite being in the same concern as TEG. The PBS & A ; J is one of those companies that extremely values diverseness. Another illustration of a company that upholds diverseness is the Associated Engineering. This company has a enlisting scheme in topographic point that embraces diverseness by the periodic enlisting thrusts. These thrusts are geared towards capturing the services of immigrants from foreign part such as South Africa, Asia or Australia. In order to turn to these cultural lacks at TEG, the intercessions made must clearly place the demand, prosecute clear aims, make full a legal nothingness, every bit good as supply the appropriate accomplishable solutions by puting assorted norms and criterions. It is hence prerequisite to guarantee that each of the above demands is met for our instance in point-TEG. There are several facets that have led to the cultural diverseness lack at TEG. One of these facets is the deficiency off comprehensive vision on the effects of globalisation on cultural diverseness. In every bit much as TEG may be successful in the proviso of technology consultancy services, the company does non continue the diverseness of cultural look with respect to the mounting globalisation of the economic system. The attack taken by TEG does non encompass cultural diverseness and may be termed as disconnected. This relates to human rights, linguistic communication rights, heritage protection, international cultural cooperation, cultural policies, cultural pluralism every bit good as rational belongings rights. TEG requires understanding on all these demands as it strives to make diverseness within the staff ranks. The company should concentrate on enrolling the minority groups more so the immigrants. These persons have diverse cognition that would be used to the advantage of T EG. The article by Replicon Inc. merely wholly supports this position in â€Å"Employers Embrace Diversity: Immigrants go basis of company growth† . Due to the deficit of engineers and technology professionals TEG is bound to concentrate on the foreign chances for enrolling staff. The system has been adopted by Associated Engineering and it is really working to their advantage ( Hellriegel and Slocum, 2009 ) . Another challenge that could be confronting TEG and could besides be a possible cause of the cultural diverseness lacks realized is the trouble in turn toing the civilization issue caput on. The company seems to be more focussed on the commercial facet as opposed to the cultural diverseness facet. In order to accomplish a reconciliation between the commercial and cultural facets there is demand to openly show the cultural positions. Teg might be enduring from fright of the liberalisation of trade in the universe being hampered by developing cultural diverseness saving policies. However, cultural diverseness look will be critical in the capableness of the company following the alterations that come with globalisation. Therefore the company should subject the commercial issues to civilization jussive moods and therefore prevent commercial facet from ruling the concern. It is merely by cultural diverseness that the company can be able to recognize the commercial facets efficaciously. Teg can be able to advance cultural diverseness guided by the rules discussed below. The company must acknowledge the being of cultural diverseness as an of import tool for accomplishing the commercial aims of the company. Therefore, the company should confirm and acknowledge cultural diverseness at the local, regional and international degrees every bit good as reflecting on the policies brought by this diverseness towards recognizing the ends of the company. The company must besides advance participatory democracy. This means the publicity of heritage representation while including the active input of all the stakeholders. This would be achieved by the usage of dialogue, audience every bit good as engagement. Heritage representation particularly of the employees will actuate them to unwrap their diverse civilizations towards doing the company more successful. TEG must besides concentrate on coordination and cooperation. This means that the company should portion undertakings and promote cultural exchanges in a position of cooperation and coordination. This will guarantee that the company is maximising resources and the available expertness both at a planetary and regional degree. For TEG to accomplish cultural diverseness it must ship on community edifice and peace devising. TEG is bound to acknowledge and appreciate the sense of individuality and topographic point of the diverse persons it may enroll. By appreciating their diverse heritages and furthering a shared position, the spirit of rapprochement and assurance on the multi-cultural employees is built. This will climax in effectual occupation productions and broadening of the concern. Cultural diverseness is besides realized through capacity edifice. The company should be directed to transform and alter as per the multicultural societies that exist about. Finally the company should guarantee the resourcefulness of the diverse cultures it may hold in the signifier of staff. This will guarantee that the company can maximise on the variegation of the resources available to turn to the concerns of cultural economic sciences every bit good as cultural equity. The civilization of an organisation guides the members on how â€Å"work† of the organisation should be conducted. The civilization besides entails the grounds foe being and the aims of the company. Finally cultures in organisation order how persons should associate to each other at the workplace every bit good as to those outside the topographic point of work. As Cox ( 1991 ) illustrates, bias is the look of negative personal attitudes towards persons affiliated to a peculiar cultural group. Discrimination on the other manus involves the discernible inauspicious behaviour directed to members of a peculiar cultural group. Therefore, TEG must guarantee that it protects its resource of diverse cultured employees from these actions. This will take to peaceable and confident working countries. There are several dimensions to cultural diverseness non needfully established at TEG. These are: ethnicity, age, household position, income, Gender, military experience, educational background, sexual orientation, race, Work experience every bit good as societal category. All these dimensions must be considered in the event that TEG might desire to incorporate cultural diverseness by using staff from different civilizations. This is because of the fact that a heterogenous group of persons can merely work together and efficaciously through cooperation and consensus. The company must besides non bury about enrolling the local persons who are qualified for the occupation. This will guarantee the care of civilization within the part where the company operates. Two persons do non needfully have the same sentiment by virtuousness of being in the same cultural group. Therefore in every bit much as variegation should be encouraged integrating with more of the local cultural groups will besides turn out successful. In order to deduce maximal end product from the rich cultural backgrounds, TEG must set up degree playing Fieldss for the different cultural groups. Two qualified persons form the Black community and the White community should hold similar wage bundles as per their makings and occupation experiences. Besides the adult females employed in the company holding similar makings as the work forces should besides be given equal wage bundles. This will advance civilization equality that will heighten occupation production since no cultural group will experience inferior to the other. In any company, the first stage of deducing maximal benefits from diverseness is the development of a conjunct attempt towards what signifiers of cultural diverseness issues within an organisation. The recognition of the being of assorted persons and groups of persons with different cultural backgrounds is an of import measure in this initial stage. The assorted cultural dimensions that exist in PBS & A ; J every bit good as Associated Engineering will be discussed in order to turn to the cultural diverseness issue amicably. PBS & A ; J Corporation has been in the front line in encompassing cultural diverseness within its environments. The inclusion of a web page known as diverseness in their web site will decidedly work good for the advantage of the company. The web page consists of information on diverseness preparation, diverseness consciousness, and affinity groups every bit good as the CDAC-supported professional organisations web pages. This has enabled the company to offer bes t solutions to their patronages and at the same clip increasing their productiveness. The company besides offers diversity developing plan that include a one-day workshop. It is a known fact that the acceptance of cultural diverseness has its ain portion of disadvantages. There will be struggles, nerve-racking state of affairss and sick feelings originating from the acceptance of sub-cultures in these companies. Therefore it is necessary for all the persons to pass on about their cultural differences. However, it is hard to discourse cultural differences without fall backing to stereotypes. In ideal nature, stereotypes do non be. This is because no person is absolutely similar to another and no member of a cultural group can be a ringer of another. Besides, as cultural diverseness develops, the challenge of communicating besides arises. This leads to the necessity for greater attempts that will harbour improved and effectual communicating accomplishments. Therefore, PBS & A ; J Corporation should follow effectual communicating schemes to be use by their multi-cultural employees. This will guarantee that there are no cultural struggles or favoritisms on the footing of civilization. Discussion and consciousness nowadayss a clearer image of cultural diverseness, understanding and appreciating cultural diverseness does non needfully bespeak digesting differences amongst the individuals in a group but it besides involves fostering and back uping them. By back uping and fostering diverseness within the cultural groups, the company will heighten its other aims through sharing of information, thoughts, issues every bit good as civilizations. It has been established that fostering diverseness creates chances for development of character through learning regard and tolerance for persons and advancing the concern for equity. For the company in inquiry to perpetuate and boom, it must back up a culturally-diverse squad that values and esteem all persons from different backgrounds. The acceptance of the position quo of cultural diverseness may confront some challenges but it does non function as alibi for avoiding passage ( Nestor, 1991 ) . The traditional thaw theory has two positions on immigrants who have settled in America. The scheme of immigrant has been adopted by Associated Engineering Corporation and it is working good. There is a high possibility that the immigrants will reside the characters and ways of their old states and intermingle absolutely with the new environment. However there are two false beliefs that are presented by this theory. The first one assumes that the colored Americans will endeavor to be like the white Americans. The 2nd 1 is that the colored people will non happen any importance in following the civilization of the new universe. Those false beliefs nevertheless have been marred by rejection and a batch of contentions. This is because of the impairment of the individual monoculture in today ‘s universe. Many organisations are following a pluralistic work force that continues to germinate through cultural influence and integrating. The Associated Engineering Corporation should guara ntee that the immigrants hired from different civilizations blend good with the dominant Whites civilization in the company. Another facet that was seen as a cultural diverseness lack in TEG is the issue of gender penchant. The company has adult females employees as compared to the work forces population. Therefore, TEG should increase the qualified female employees in their staff. There are other factors that impact the bounds to which diverse civilizations integrate with the bing 1s. The ground for in-migration of the recruited employees influences a batch. The vicinity or background of the immigrants must besides be established. Some immigrants come from cultural or non-ethnic vicinity that might act upon the attitudes of these persons towards cultural diverseness. The socioeconomic position, instruction and the upward growing of these persons should be evaluated so as to set up how good they adapt to the different civilizations they may confront. TEG ‘s mission is built to react to the client ‘s demands by supplying quality services through better direction of the personal resources. Theref ore, to guarantee that this mission is realized, the company should ship on publicity of diverse civilizations.MentionsCox, T. ( 1991 ) . The Multicultural Organization: Academy of Management Executive, vol.5, no.2, pp.34-47. Helen, S. ( 1995 ) . Challenging Students to React to Multicultural Issues: Journal article by Janice Tovey, vol.60, pp.10-11. Hellriegel, D. & A ; Slocum, J.W. ( 2009 ) . Organizational Behavior. Mason, Ohio: South-Western. Nestor, L.G. ( 1991 ) . Pull offing Cultural Diversity in Volunteer Organizations: Voluntary Action Leadership. New York: Springer. Keyton, J. ( 2005 ) . Communication and Organizational Culture: A Key to Understanding Work Experiences. Thousand Oaks, California: Sage Publications.

Risk Management Plan of Little Falls Hospital

As the new risk manager, I have been asked to prepare a Risk Management Plan that will help to develop a culture of safety throughout Little Falls Hospital. The purpose of the Risk Management Plan is to provide guidelines and methods to assure that the broad range of both administrative and clinical activities at the facility are monitored and coordinated in order to reduce losses associated with consumer, employee, or visitor injuries, property loss or damage and other sources of potential facility liability. At this facility, Risk Management is the responsibility of every employee.Due to the size and complexity of this facility and its programs, it is necessary for all employees to participate for effective management of risk. Providing an ongoing, comprehensive, and systematic approval to reducing the risk of exposure is the focus of the risk management plan. The activities included in risk management are identifying, investigating, analyzing, and evaluating risk, followed by sele cting and implementing the most appropriate methods for correcting, reducing, managing, transferring, and/or eliminating them.This plan requires the cooperation from all departments, services, and patient care professionals. Policies, procedures and protocols will be provided to address exposure to events such as professional, business-related, general and motor vehicle liabilities, and workers’ compensation which may be created. The primary responsibility of this risk management program is to identify, investigate, and manage injuries, accidents, and other potentially compensable events.This process will be directed by me, the risk manager, and the others I have assigned to participate in the various components of events that may occur with patients, staff, visitors, and organizational assets. To achieve quality care in a safe environment and to protect the organization’s resources, this risk management plan will influence, persuade and educate leaders within all depa rtments—Administration, Billing Services, Human Resources, Legal Services, Medical Equipment—just to name a few.With this risk management program in place, the organization will use the patient satisfaction surveys to respond to issues the patients may have and measure the satisfaction of the patients. We will also directly participate in resolving any complaints received. Little Falls Hospital’s Risk Management Program will emphasize the following: Improving patient satisfactionImproving the safety of patients through our participation in National Patient Safety Goals, organizational safety strategies, and other patient safety initiatives Assessing systems that can contribute to the care, error and injuries of patients Educate the stakeholders on risk exposures and risk reduction initiatives as they arise Promote the quality care of patients while working to improve quality/performance activities Comply with the state-specific scope of practice, applicable laws , regulations and standards Minimize the frequency and severity of inauspicious eventsImprove the environmental safety for the patients, visitors and staff by participating in care-related environmental activities Achieve requirements advertised by accredited organizations Address contrary events and injuries to diminish any future losses By implementing continuous improvement strategies, this Risk Management Program is being designed to reduce potentially unsafe conditions and system-related errors.In order for this program to be a success requires there to be top-level commitment and support from all parties. This program and plan is authorized by the governing board via a resolution that will be documented in the minutes from the board meeting. As changes and issues come up, the risk management plan will be reviewed, updated, and approved daily, or as needed.

The economic growth of China and India

The economic growth of China and India Introduction All economic measures and structures of statistical comparison show that China’s economy has grown faster and is higher than that of Indias.Advertising We will write a custom essay sample on The economic growth of China and India specifically for you for only $16.05 $11/page Learn More In the recent past, China’s economy has grown mainly because of expedient implementation of policies by the Chinese government. Then again, the fractured system of the Indian government has been the main reason why the Indian government has been unable to implement its policies at a faster rate. This has therefore, led to the slow growth of the economy. However, the leadership of China is very effective in spearheading all sectors within its economy. This has speeded up the growth of China. Since the adoption of market-oriented economies, these two countries have ushered strategies of development that are largely similar. China has adopted measures w ith an objective of coming up with policies aimed at reforming the closed economy. For a long time, India has also been undertaking policies, which objective was to improve its economic performance. Macro-economic analysis of the two economies shows that they continued implementing of policies in order to stimulate their growth1. Per capita income Macroeconomic analyses of China and India show that the per capita income of the two countries was almost the same in the early 1900s. India was even ahead of the Chinese economy in terms of the income earnings. However, the pace of growth of the two economies changed tremendously after the World War. Statistics from the World Bank shows that China’s GDP has been growing at a rate of 10% per year while the annual GDP of India has been growing at a rate of 8 % to 9 % per year.Advertising Looking for essay on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More However , China’s growth looks more sustainable with an increase of its fixed investments in overseas markets. This indicates that China’s GDP might even grow further if the economy continued to be open to the world market2. In both countries, the macroeconomic data on investment and savings rates is subjected to digital errors. Although many analysts may argue that China’s economic growth has been overrated, it is evident that huge investment into its physical capital proves that the country has experienced more economic growth than India, its counterpart. Although investment in physical capital alone is not enough to foretell the growth of the economy, it is evident that total productivity of China is higher than that of India. However, the pace of economic growth of India became high with implementation of projects such as the economic stimulus programs. These programs have provided the steady growth in the economy of India predictable because they came with roadmaps and estimates of the effect they had on the economy3. Foreign direct investment Economic projections from the World Bank show that India’s economy has a potential for growth. Unlike China, India has very few investments in other nations from all over the world. China, on the other hand, faces the risk of losing most of its investments. The new infrastructure invested in China and the increase in credit in India show that there is a bigger growth of credit in India than in China. The banking system of India has adopted policies for providing its people with money, which they use in investment and real estate development.Advertising We will write a custom essay sample on The economic growth of China and India specifically for you for only $16.05 $11/page Learn More The lending rates in India have fueled increase in prices of essential commodities and sparked an increase of inflation. This slows the performance of the economy over a period. The flow of net income from direct investment of foreign countries in China is higher than the one that flows into India. China also has a better investment in environment than India. This investment in environment is a creation of the government through implementation of policies. It has an efficient foreign policy characterized by policies of trade between its partners. In fact, China has efficient policies for trading with other countries, which enhances good environment for trade in goods and services. China’s bilateral relations with other countries in Asia show its willingness to trade with countries that have raw materials for its industries. This enhances the growth of industries in China. On the other hand, India has weak relations with other countries in Asia such as South Korea and Pakistan. This acts as an impediment to the growth of India in foreign markets4. After the world wars, there was a great recession in Asian market and these saw many people losing employment in bot h India and China. Since then, China has adopted efficient methods of fighting against the recession while India has slow policymaking strategies, which have prevented the growth of the economy. China adopted very efficient methods, which have seen the increase in its economic output. However, India did not put its sectors of production at risk but went ahead and implemented policies that have helped stimulate economic growth.Advertising Looking for essay on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More India’s hefty stimulus package has helped it increase its economic output, and it has helped India enhance the growth of GDP and per capita income. The monetary policies, implemented by India, have helped it invest into areas that were more productive. This has increased the growth of the economy of the country5. Exports and Imports A comparison of the contribution of exports in both countries shows that China’s exports represent 35% of the GDP while those of India represent only 25%. India also has a higher domestic consumption than China, and this shows that India has a slower growth than China. With huge imports from the United States and European countries, India’s economy is prone to slow growth rates. However, China has protected itself from the losses brought about by the huge imports from other countries. This has led to the country investing in other nations. The country has also built huge capital investments in other countries to stimulate the growth of its economy. The fiscal position of China is higher than that of India. In fact, India’s fiscal deficit is 3% while China has 25.5%. The huge fiscal deficit for China is because of its huge expenditures, which are due to the high costs of living and policies. The two lead to an increase in taxes. Nevertheless, the government of India has relaxed, and it has failed to be more productive over time. Secondly, the fiscal policies in India do not address the banking and financial systems, and this has led to slow production. The Indian currency has also declined with time with the rupee having a huge fall over the US dollar6. Poverty trends One of the basic facts is that the poverty trends in both countries have significantly dropped over time. The household expenditure survey in both countries shows that there is a huge change in poverty estimates in India. The price indices, which are a good indicator of poverty levels, also show that they have declined over time. The assumpt ions from the researchers show that there is a decline in the levels of poverty between the two countries. The gap between the rich and the poor individuals in India has also declined over time. This has been stimulated by the economic stimulus projects and by the policies, which have led to a reduction in poverty levels in both countries. However, poverty estimates in China suggest that there has been a huge reduction of poverty7. Due to growth of human capital in China, there has been a reduction in the regional disparities between the two nations. The income disparity in China is slower than that of India. This is due to the projects whose objective is to develop many regions in China. Estimates also show that the income of an Indian worker is lower than that of a Chinese worker. This makes it possible for the Chinese worker to produce more, which in turn leads to increased disposable income. On the other hand, the contribution of an Indian worker into the gross national producti on is lesser than that of a Chinese worker. The reason is that there are many unemployed people in India’s population as compared to China’s population. International market share With regard to globalization and integration of Industries, it is arguably evident that the Chinese economy continues to outpace all other countries in Asia. This is due to its innovations that have led to an increase in the nation’s Merchandise. In fact, Chinese exports represent 5% of exports in the world market whereas India’s exports represent 0.8% of all exports in the world. It is thus evident that the share of China’s exports is phenomenal and that it represents an economy that contributes to labor-intensive trade. Since the 1980s, the Chinese share of the world’s economy has grown widely, and thus China has contributed to huge growth of commodity markets in the world’s economy. The trend of Chinas growth is going to continue with the pace of capturin g the market share if the government in India does not open itself to the international economy8. Although manufacturing is the mainstay of India’s economy, it is evident that the Chinese economy has produced much as compared to its Indian counterpart. However, a comparison into the prices of commodities in the Indian market shows that the Indian prices are lower than Chinese prices. Amazingly, Chinese manufacturing companies usually export their finished products into Indian markets. In addition, the exchange rates are relatively the same and this means that China continues to be far much ahead of India. Moreover, China exports commercial services to India. The country has also enacted policies that aim at reduction of exports to other countries thus making it globally competitive9. Information technology With regard to information technology and software exports, India is a giant. This is because in every fiscal year, India jets 15-20 billion US dollars into its economy. Th e Chinese information technology and software exports lag behind because they are as good in English as their Indian counterparts. China also lacks experts in management and has a curriculum that does not give a room for the development of the Chinese language, thus making the country lag behind other countries, like India. Experts argue that in the future, China will catch up with India in the production of software and Information technology facilities. This is because the government of China has come up with policies that enable the country to invest in the Information technology sector. Trade of commodities India is also far much ahead of China in terms of pharmaceutical export. International bodies such as the United Nations usually rely on vaccines and other medicinal products from private companies in India. Studies show that if India changes into a fast growing economy like other developed countries in the world, it will become a super power. This is because India has econom ic inputs such as abundance of natural resources, large human labor, and dynamic brainpower. These factors are vital for the spearheading of the growth of any economy. In addition, the supply of pharmaceuticals plus the dynamic information technology will act as the catalysts for growth stimulation. They are therefore vital in the development of the Indian economy. It is thus evident that the process of implementation of policies in India needs a change in order to contribute to the growth of the national economy10. China’s trade with developed nations has also increased tremendously with time. This has led to creation of surplus and foreign reserves. It also helps to supplement for the foreign surplus and increase its account balances thus creating a substantial increase in the exchange reserves. This helps reducing the volatility of its imports from other countries and help in supplementing the reduced exports. Estimates show that the foreign reserves of China amount to $92 billion. However, there is also an increase of India’s balance of payments. This is because the foreign reserves of India are also high but they cannot account for the increase in the exports from other countries, thus slowing the growth of the economy. This still makes China to be far much ahead in terms of trade of manufactured goods. Trade of services The trade of services in China is very high. It is due to the high productivity of work, which is literally forming part of China’s exports. In fact, Chinas exports its experts to other countries such as the United States. On the other hand, the services traded are knowledge intensive and require the Chinese people to be more educated than their Indian counterparts. This means that Indian workers are less productive, and thus they do not represent much productivity into the economy of the country. Secondly, India does not trade sophisticated goods and services, and this makes the country lag behind. However, per capit a income in India is high due to the balance of the economy and the high returns of trade in goods. The future of Indian economy can be successful if the economy grows in terms of production of services more than goods. It is evident that the growing economies trade more in services than in goods. India should also improve its barriers to investments, which include the cultural barriers, slow implementation of policies ,and open its closed markets. The government of India should also give its people the freedom to have international trade through implementation of policies. Affordable credit should also be availed to Indian investors if they are to contribute substantially to economic growth in their country. India should also open its narrowed gaps with international countries to increase its level of trade. Conclusion In conclusion, for many years economists and other parties have considered China and India as super powers due to their fast growing economies. The two Asian nations have adopted strategies that favor internal and external markets thus creating a good environment for regional and international trade. Through increase in their direct investments and the opening of their closed markets, these two countries have speeded their economic growth. However, China’s growth in production of goods and services is phenomenal. In addition, China is still ahead of India in terms of increase in foreign reserves, huge direct investment in other countries and even increase in globalization of its industries. The poverty rates in China are also minimal as compared to the rates of poverty in India. Moreover, China is far much ahead of India in terms of the fiscal position and the gross domestic product. Nevertheless, India has a potential for growth due to its increasing market share and per capita income. However, the future looks predictable with China’s economy being more predictable than India’s economy. Bibliography Allen, Richard, and To mmasi Daniel. Managing public expenditure: A reference book for transition countries. Paris: OECD, 2001. Bardhan Pranab. Awakening giants, feet of clay assessing the economic rise of China and India. Princeton, N.J.: Princeton University Press, 2010. Chai, Joseph, and Kartik Roy. Economic reform in China and India: development experience in a comparative perspective. Cheltenham: Elgar, 2006. Ekins, Paul. Trade, globalization and sustainability impact assessment: A critical look at methods and outcomes. London, UK: Earth scan, 2009. Hall, Robert, and Marc Lieberman. Microeconomics: principles and applications. Mason, OH: Southwestern, Cengage Learning, 2010. Harrison, Denis, and Szell Gyorgy. Social innovation, the social economy and world economic development: democracy and labour rights in an era of globalization. Frankfurt Main: Lang, 2009. Jovanovich, Miroslav. International handbook on the economics of integration. Cheltenham: Edward Elgar, 2011. Kaufman, Robert. A concise histo ry of Chinese foreign policy. Lanham: Rowman Littlefield, 2010. Moschandreas, Maria. Business economics. London: Business Press, 2000. Saada, Adel. Elasticity: Theory and Applications, Boston, J. Ross Publishing, 2009. Footnotes 1 Bardhan Pranab. Awakening giants, feet of clay assessing the economic rise of China and India. Princeton, N.J.: Princeton University Press, 2010. 2 Robert Kaufman. A concise history of Chinese foreign policy. Lanham: Rowman Littlefield, 2010. 3 Adel Saada. Elasticity: Theory and Applications, Boston, J. Ross Publishing, 2009. 4Richard Allen and Tommasi Daniel. Managing public expenditure: A reference book for transition countries. Paris: OECD, 2001. 5Denis Harrison and Szell Gyorgy. Social innovation, the social economy and world economic development: democracy and labour rights in an era of globalization. Frankfurt Main: Lang, 2009. 6 Miroslav Jovanovich. International handbook on the economics of integration. Cheltenham: Edward Elgar, 2011. 7 Paul Ekin s. Trade, globalization and sustainability impact assessment: A critical look at methods and outcomes. London, UK: Earth scan, 2009. 8 Moschandreas, Maria. Business economics. London: Business Press, 2000. 9 Robert Hall and Marc Lieberman. Microeconomics: principles and applications. Mason, OH: Southwestern, Cengage Learning, 2010. 10 Joseph Chai and Kartik Roy. Economic reform in China and India: development experience in a comparative perspective. Cheltenham: Elgar, 2006.

Understanding Antonomasia

Understanding Antonomasia Antonomasia is a rhetorical term for the substitution of a title, epithet, or descriptive phrase for a proper name (or of a personal name for a common name) to designate a member of a group or class. It is a type of synecdoche. Roger Hornberry characterizes the figure as basically a nickname with knobs on (Sounds Good on Paper, 2010). Etymology From the Greek, instead of plus name (to name differently). Examples and Observations The character of James Sawyer Ford in the ABC television program Lost (2004-1010) regularly used antonomasia to annoy his companions. His nicknames for Hurley included Lardo, Kong, Pork Pie, Stay Puft, Rerun, Barbar, Pillsbury, Muttonchops, Mongo, Jabba, Deep Dish, Hoss, Jethro, Jumbotron, and International House of Pancakes.Calling a lover Casanova, an office worker Dilbert, Elvis Presley the King, Bill Clinton the Comeback Kid, or Horace Rumpoles wife She Who Must Be ObeyedWhen I eventually met Mr. Right I had no idea that his first name was Always.(Rita Rudner)If the waiter has a mortal enemy, it is the Primper. I hate the Primper. HATE THE PRIMPER! If theres a horrifying sound a waiter never wants to hear, its the THUMP of a purse on the counter. Then the digging sound of the Primpers claws trying to find makeup, hairbrushes, and perfume.(Laurie Notaro, The Idiot Girls Action-Adventure Club, 2002)Jerry: The guy who runs the place is a little temperamental, especially about the or dering procedure. Hes secretly referred to as the Soup Nazi.Elaine: Why? What happens if you dont order right?Jerry: He yells and you dont get your soup.(The Soup Nazi, Seinfeld, November 1995) I told you we could count on Mr. Old-Time Rock and Roll!(Murray referring to Arthur in Velvet Goldmine)Im a myth. Im Beowulf. Im Grendel.(Karl Rove) Metonymy This trope is of the same nature as metonymy, although it can not be said to exhibit the idea more vividly. It consists in putting in place of a proper name, another notion which may be either in apposition to it or predicated of it. Its principal use is to avoid the repetition of the same name, and the too frequent use of the pronoun. The most frequent forms of it are, naming a person from his parentage or country; as, Achilles is called Pelides; Napoleon Bonaparte, the Corsican: or naming him from some of his deeds; as, instead of Scipio, the destroyer of Carthage; instead of Wellington, the hero of Waterloo. In making use of this trope such designations should be selected as are well known, or can be easily understood from the connection, and free from ambiguitythat is, are not equally applicable to other well-known persons.(Andrew D. Hepburn, Manual of English Rhetoric, 1875)

Analytical reviews Assignment Example | Topics and Well Written Essays - 1000 words - 1

Analytical reviews - Assignment Example Samuel Huntigdon’s article on â€Å"The Clash of Civilizations1 is one of these later studies, and it presents an attempt at a framework for analysis of world history. Instead of focussing on individual nation states, as classical history does, or looking for geographical features and crises as global history does, Huntingdon focuses on human culture. This means that his study fits into the genre of world history. The main point of the article is that historians should trace human history through the civilizations which rise and fall in various regions and over longer periods of time. He identifies a civilization as â€Å"a cultural entity†2 and explains that civilizations may be very large, like contemporary China, or very small, like the Anglophone Caribbean.3 These entities distinguish themselves by their particular mix of dominant religion, ideology and traditions. According to Huntingdon’s analysis, these civilizations are divided from each other by â€Å" fault lines† which in due course are likely to become lines of battle. This is a contentious theory, since it conflicts with other views, such as those based on economics, for example, which predict that advancing globalization will cause resource shortages and that this will be the source of future conflict. Huntingdon cites the conflict between Arab culture and Western culture, which has incidentally been going on for the last 1300 years, as an example of exactly this kind of major fault line.4 Following this line of reasoning, conflicts between countries which are broadly western are likely to be expressed in terms of economic competition, while conflicts between some other civilizations, like the Muslim and Hindu conflicts in Asia, are more likely to result in military action and bouts of ethnic cleansing. These differences can be traced in the prevailing world views of the respective cultures, some being predominantly industrialized and capitalist, while others are predom inantly rural and feudal. He notes rather chillingly that â€Å"Islam has bloody borders,†5 by which he means that this particular civilization resorts to military tactics in order to maintain control over affiliated countries. The examples that Huntingdon cites can all be used to reinforce his idea that civilizations are the largest unit of human grouping, and his description of how countries rally around one another when incidents of violence erupt can be plainly seen in the modern world. He concedes, however, that conflicts also emerge within civilizations, which rather weakens his world based theory, but he shrugs this off saying that these conflicts are â€Å"likely to be less intense and less likely to expand than conflicts between civilizations.†6 The logical conclusion of Huntingdon’s approach is that the next world war will be a war between civilizations, and the most likely candidate will be a war between â€Å"The West and the Rest.†7 Part Two: Nationalism and the Frontier. The reflections of Frederick Jackson Turner on the nature of America in the early twentieth century8 is an important work of history, even though it reflects many attitudes and ideals which would nowadays be regarded as out-dated. The first chapter9, especially, which is entitled â€Å"The Significance of the Frontier in American History† presents a logically argued thesis explaining some of the features of modern America which we can still see at work today. Turner sees the ever-receding western frontier of the new continent in the last three hundred years

What are the Pro's and Con's of Obama Care Research Proposal

What are the Pro's and Con's of Obama Care - Research Proposal Example alysis of the research topic will further assist in having a comprehensive understanding about the intentions and implications of the healthcare plan for the people. In the US, healthcare plans and policies are developed as well as implemented with the objective of providing better care and treatment services for the public. Principally, initiators of healthcare plans aim at providing adequate care along with treatment services in a cost effective manner, contributing to the overall social health altogether. Additionally, the US government has been spending substantial amounts of funds concentrated on the continuous development and growth of healthcare segments and policies for the enhancement of the entire healthcare system. In this regard, Obama Care was introduced as an affordable healthcare plan, under the Affordable Care Act. Obama Care has been initiated with the provision of offering affordable as well as low cost health and care services to a large number of uninsured people. The health plan has been implemented in order to improve insurance coverage. The plan is beneficial for providing affordable health services with better coverage. O n the other hand, the health plan has been criticized on the ground of racial prejudice and additional taxes. However, healthcare industry analysts criticized healthcare plans implemented through the Obama Care healthcare bill as fragmented in approach. Hence, the healthcare plan was also recognized to be ineffective as well as inefficient in its approach. In order to justify this claim, the healthcare plans were recognized to be inadequately covered within the diverse population. Contextually, the healthcare plans were perceived to provide uneven healthcare facilities and services. In addition, they were seen to have increasing gaps between the intended benefits to be delivered to the people and the realistic approach taken by the government (Chua, 2006). Subsequently, in this p proposed research study, a critical

Why Abu Dhabi government band shisha from Coffee shops Research Paper

Why Abu Dhabi government band shisha from Coffee shops - Research Paper Example This was posing a great threat particularly to children who could openly see the awful act done publicly (Frank & Sloan 112). The condition made government, which form part of the stakeholders, to push for a ban of shisha business. In their opinion, they argued that the business would merely increase the immorality despite of earnings it receives in form of revenue from the same (Richard, & Thomas 79). This came out despite an acclamation from one the stakeholders ‘I expect that we will make no more than Dh 100 a day, our business greatly depends on shisha.’ Government had justification in their opinion and stand on the ban of the business in Abu Dhabi. This was in the fight against various severe implications associated with conducting the business legally. Cases of children who could see people smoke publicly and try to enumerate the same declined (Sue Pryce 94). Therefore, banning the business particularly from areas with high populations and different forms of human activities became a step in achieving habitable environment for the entire community (George Fisher & Elmer Berry 134). In the economy sector, there is improvement. This is from the fact of decline in the number of people reporting having shisha related complications. There is low expenditure of finances and other recourses used to curbing the menace. These resources go to profitably profitable and critical sectors that develop the economy. Additionally, human skills that were otherwise lost from deaths resulting from smoking shisha are no more there. In my opinion in support for the ban, it is very evident that currently death rate resulting from smoking is becoming alarming. This is from the actual statistics and data from countries and regions that are facing this menace of shisha smoking. The deaths results from several chronic illnesses arising smoking even other substances like tobacco (Michael & Lyman 68). Research

The European Convention on Human Rights and its effect on the UK Judiciary Essay Example for Free

The European Convention on Human Rights and its effect on the UK Judiciary Essay The UK legislation incorporated the provisions of the ECHR or European Convention on Human Rights, with the enactment of the 1998 HRA or Human Rights Act. This measure imposed a grave responsibility on the English judiciary, with which it was in the least experienced. Every individual in the UK has certain rights and this new legislation compels the courts to decide whether any of these rights have been trampled upon by the different measures adopted by the UK government . In the process of this exercise, the judiciary has to scrutinize even the legislative actions of Parliament, and it has to analyze the effect of the acts of the state on individuals or groups. As such, the national courts, while conducting judicial reviews, had concentrated on whether the acts and rulings of government institutions and officials had been within the boundaries prescribed by the extant legislation. In this endeavour, the UK courts had, in general, ignored such transgressions by the Parliament . The enlargement of the scope of their rulings had proved to be quite a daunting task for the judiciary. In addition, section 6 of the Human Rights Act, requires the courts to conform to the rights provided by the ECHR. Any incompatibility with these rights requires the specific sanction of Parliament. Consequently, the courts have to conduct inquiries that are protective in nature and not prosecutorial . The Human Rights Act is efficiently implemented in the UK and it cannot be replaced by a separate Bill of Rights. The UK courts have greater flexibility in pronouncing verdicts and this was enabled by the HRA. The HRA also enabled the UK courts to function along the lines of the ECtHR. The decisions of the UK courts, in the context of human rights, will undoubtedly have an important influence on the jurisprudence of the ECtHR. Thus, the UK is now enjoying the full advantage of the margin of appreciation provided by the Strasbourg court . The provisions of the ECHR have been integrated with the British law through the Human Rights Act. Under section 4 of the HRA, the House of Lords and the Court of Appeal can derogate from the ECHR by declaring incompatibility with the ECHR. However, national courts are not permitted to declare statutes as incompatible with the ECHR. In the event if any national court declaring a statute as being in conflict with the ECHR; or in the event the ECtHR specifying that certain statutes are in conflict with the ECHR, the government can rescind or amend such conflicting statutes, under the provisions of sections 10 and 11. Section 12 of the HRA requires both the Houses of Parliament to pass a resolution, which seeks to implement such remedial orders of the government, which seeks to amend or to repeal a conflicting statute. However, in cases of urgency, a minister can do so and subsequently, seek the necessary approval . In addition, there are other requirements to be fulfilled. First, under section 3, the government must adopt a procedure to interpret the provisions of the HRA and the procedure it adopts must not conflict with the ECHR. Second, the HRA imposes on the public authorities a new legal obligation under which they must not act in a manner that is incompatible with the ECHR. Section 6 of the HRA states that this duty may not apply if a statute specifically requires them to act in such manner. As such, the HRA provides substantial grounds to oppose constitutional principles and the bill of rights . The current situation is that the development of legislation has fallen to the lot of the judges. This is an unprecedented development. The UK judges have to interpret and implement the Human Rights Act, in accordance with the Commission on Human Rights and the jurisprudence of the court; however, this jurisprudence is not binding upon them. Consequently, they enjoy a significant amount of leeway in modifying the tenets of the ECHR to suit the circumstances obtaining in the UK. This makes the courts susceptible to the criticism that they have injected their own values into the legal system . In addition, the ever increasing importance of the judiciary will bring considerable attention to bear on their competence, structure and character. Despite the seeming vividity of the incorporation of the ECHR into the legislation of the UK; the effectiveness of this measure, to a significant extent, is dependent on the stance adopted by the judiciary, in this regard . As such, the European Union is very much seized with the task of engendering human rights, as is evident from its action of specifying a new charter of rights to be implemented on its schedule. This new charter is certain to prove much more effective than the Human Rights Act. This is due to the fact that the UK judiciary would have to uphold the rights bestowed by it, even at the cost of directly overriding the existing legislation . In the United Kingdom the citizens have fundamental rights. These fundamental rights are enforced within certain limitations and are subject to other legislation. The operation of the fundamental rights is usually seen in the context of their negative implications. For example, the right to freedom of speech is respected to the extent to which it does not contravene other legislation. Thus, fundamental rights are enforced only when they do not attract any legal provisions . The UK courts interpret the provisions of section 6(3) (b) of the Act in a restricted and limited manner. This narrow interpretation by the courts results in non inclusion of a majority of government branches in the definition of Public Authority. This ultimately results in the improper implementation of the rights provided by the ECHR in the UK. The courts are taking the institutional position of regulatory bodies in determining whether they are public authorities, under the scope of section 6(3) (b) of the Human Rights Act. In cases of infringement of human rights, the UK courts deal with them by adopting a proportionality test in an effort to arrive at a balanced ruling. This concept is at variance to the narrow interpretation that was being accorded in the past. The UK courts employ a broader and more balanced approach, in order to have greater flexibility in making decisions, in accordance with the precepts European Court of Human Rights. This wider application of the Human Rights Act by the UK Courts is aimed at ensuring the human rights and personal interests of the general public . The United Kingdom has no written constitution. Legal experts consider that in the absence of a written constitution, it is very difficult for the executive or legislature to operate independently. The royal prerogative and parliamentary sovereignty are the basic concepts that shape the UK’s legal order. In WEBB v OUTRIM , Lord Halsbury had stated that an Act of Parliament should be an Act of Parliament and none can go beyond that concept . The HRA integrated the ECHR into the laws of the UK. This enabled the ECtHR to decide human rights cases, of the UK. The UK has to comply with the decisions of the ECtHR. In this manner, the ECtHR gradually assumed control over the British judiciary. It criticised the new Prevention of Terrorism Act 2005, because it infringed the human rights of British citizens who are also citizens of Europe. It pointed out that almost every aspect of the government’s attempt to curb terrorism on British soil was a violation of human rights . The United Kingdom had been a signatory to the ECHR and complied with the Convention. The British courts are directly enforcing the provisions of the ECHR. The HRA had successfully integrated the British law with the ECHR. The domestic courts in the UK are efficiently making use of the ECHR as an interpretative instrument in cases of legislative uncertainty. Individuals whose basic rights have been infringed can take the UK government to the ECtHR by filing a suit before it . This right of individuals can only be used after all domestic legal remedies have proved futile in redressing the wrong done to an individual. Therefore, bringing an appeal before the ECtHR entails a costly and elaborate procedure. However, this situation has been rendered much simpler at present. If a domestic court finds an act to be conflicting with the provisions of ECHR, then that court can directly award relief or remedy to the victim. It may award damages to the extent that it finds appropriate . Such a remedial action may include the award of compensation for damages ensuing from a breach of the ECHR rights. The court may allow the dispute to be relied on in other proceedings. The extensive powers bestowed upon the courts by the ECHR, has generated considerable constitutional objections. . The liberalization of the process of the interpretive method, which is a vital component of the HRA, poses a much greater danger to a democracy, in comparison to the predicted deference of Parliament towards assertions of incompatibility. Apparently, it looks as if there is greater validity for the right of Parliament to decide upon the law to be implemented in the UK, rather than the present interpretive procedure. Nevertheless this right of Parliament is susceptible to the current interpretive methodology . At its worst, the Parliament can enact a piece of legislation at its will and pleasure, and the national courts can rescind it on the grounds that it is not in accordance with the ECHR. The right of Parliament to make laws and the right of the judiciary to interpret them are equally and firmly ensconced. There is near unanimity of agreement regarding the view that it is the prerogative of the courts to interpret the law. This is due to the understanding that it comprises a component of the process of adjudication, which is considered to be its exclusive domain . The upshot is that Parliament cannot discard judicial interpretation of statute. In addition, it cannot express misgivings about the interpretive methods adopted by the judiciary. The reason is that such acts violate the constitution, in addition to being difficult to justify politically. Thus, judicial prerogative is invulnerable to the demands of democracy. In this manner there is the very real danger that the judiciary could make an inroad into legislative authority. This would render the HRA a very potent instrument for stifling or curbing elected governments, and could possible generates a number of doubts regarding its democratic qualities . The ECtHR assumed a secondary place in protecting human rights in Europe, and left the primary task or the active role to the member states’ legal systems. It had reduced its role to a subsidiary position, with respect to the national judiciary. From the perspective of the Convention it did so for two reasons. First, the ECHR had remained as the minimum standard for basic human rights. By assuming this position, it would be easier for the Member States to attach themselves to it without discontent and to easily comply with the minimum standards of human rights protection . The ECHR had aspired to become the first step in the ladder of protection of human rights, and it pre empted any descent below this conceptual ladder. Secondly, it aspired to distance itself from dealing with cases, in which the member states could possibly breach these minimum standards. It is practically impossible for it to deal with each and every case of violation of human rights. Therefore it did not aspire to be a threshold for every claim concerning human rights . This step forced the member states to shoulder the major responsibility for protecting human rights in their states. Article 13 ECHR requires the Member States to be under an obligation to protect the human rights of their citizens. Moreover, the appellants are under an obligation to approach all national legal avenues before invoking the ECtHR. They can approach it only when all other domestic possibilities have been exhausted. This is the prerequisite for the claims to be admitted before the ECtHR . Accordingly, the State courts are required to deal with human rights violation cases, to the extent that the state’s constitution permits them. If they find that there is a conflict between the state’s legislation and the obligations of the Convention, then and only then, the national courts should refer the claims to the ECtHR. In other words, national courts are required to possess knowledge about the provisions of the ECHR and the jurisprudence of ECHR’s institutions. In a similar manner, whenever the Convention imposes certain duties on them, the national courts are required to enforce them. In addition, if the Convention permitted some discretion in these duties, the national courts would have to determine the extent of the applicability of such discretion . The United Kingdom is a signatory to the European Convention on Human Rights. However, it had not integrated the principles of the ECHR into its domestic law until the implementation of the Human Rights Act 1998. The European Court of Human Rights had established that the Convention had not imposed any obligation on the parties to accord a direct effect of the Convention rules. However, it was an implied obligation on the part of the members to incorporate the provisions of the ECHR . Unconstitutionality was a concept which was alien to the English courts. However, over the centuries, the judiciary evolved as an important branch in the British constitution; which enabled the Law Lords to declare Acts of Parliament as unconstitutional. Furthermore, the European Court of Human Rights can also rescind some Acts of Parliament, which are in conflict with the ECHR. Despite these developments, the British judiciary had maintained its role as impartial and capable of providing balanced judgements. At that point of time, the Human Rights Act 1998 was enacted, which further influenced the British judiciary, albeit in a positive manner . The ECHR provided the maximum powers to the courts, like, judicial review and the repealment of offending legislation enacted by Parliament. The traditional concept of Parliamentary Sovereignty is slowly vanishing due to the decisions of the courts, which have been empowered by the ECHR. Therefore, it can be concluded that the adoption of the ECHR has significantly modified the role of the judiciary in the UK.