The Lone Ranger Tonto Fistfight in Heaven free essay sample

Sherman Alexie’s, The Lone Ranger and Tonto Fistfight in Heaven is a combination of short stories that highlight the many struggles that Native Americans faced within their culture as well as trying to fit in with the â€Å"American† culture. Throughout the story, we see Alexie help the reader understand the challenges that were being faced by all the American Indian characters in the book through ideas or thoughts that infuses the everyday culture of white society and show the contrast that the Native American characters faced trying to blend in with that society. In the story â€Å"The Lone Ranger and the Tonto Fistfight in Heaven† (pgs. 181-190), we see Victor reminiscing about how he branched out from the Spokane Indian Reservation and attempted to live his own life in Seattle, Washington. Victor has a relationship with a white woman, and that is when he started to notice how he, and his people, could never be a part of American culture. We will write a custom essay sample on The Lone Ranger Tonto Fistfight in Heaven or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page He sees that the American society is always going to judge him because â€Å"dark skin and long black hair†¦was dangerous† (pg. 183). Since he did not look like the typical Caucasian American person, he was always going to be suspicious because he had the potential to do something bad, like a shoot up the cashier at 7-11 at 3 in the morning. The whole scene where Victor is going to buy a creamsicle from 7-11 is a great example of how Victor realizes that he could never be a part of the white culture. The â€Å"graveyard shift cashier† (pg. 181) is used to represent the stereotypical white person, who Victor has to try and win over by â€Å"proving† he is not dangerous, and will not hurt them. He breaks the ice by asking the worker if he knows all the words to the Brady Brunch theme song (pg. 184). This question is followed by a startled look and then a laugh, which shows the ease of tension on the cashier’s part. The ease of tension on the cashier’s part displays that Victor had succeed in breaking the stereotype that the white cashier had of Native Americans. By Victor doing this it also shows that he has a character predicament. He is being identified by the color of his skin, and the length of his hair, rather than him being identified as Victor an individual. At that moment, he has come to the realization that the labels hold true, and that no matter how â€Å"American† he may feel, he will never be perceived as that because of ethnicity. There was another instance where his ethnicity comes into play. In the same short story, we see Victor trying to just clear his mind by taking a drive after he gets into a fight with his girlfriend. On pages 182-183, Victor gets pulled over by a cop because he was â€Å"making people nervous† and that Victor â€Å"[didn’t] fit the profile of the neighborhood†. Victor is being racially profiled, because the neighbors of that predominantly white neighborhood and the white police officer felt threatened, just because he was not one them and they did not believe that he could fit in with their culture. Both of those examples are of how white pop culture comes into play. In both instances, Victor is judged based on preconceived notions of what white people were taught about Victor’s Native American culture. This makes it hard for Victor to find his identity because he longs to be a part of the American culture, because he does not see the difference between him and others, but the others see a difference between themselves and him. Since they are the majority, and he is the minority, if they do not accept them open-heartedly, there is no way for him to truly be accepted because each and every time he is going to have to break those stereotypes that they have of him because of his skin tone, because of how he wears his hear, because of his ethnicity, and because of his identity. He is always identified as a Native American, rather than Victor, who just happens to be of Native American heritage. The white community is an exclusive group, and as much as he tries to join the group, he is always shunned. Another community that Victor is shunned from is his own Spokane Indian Reservation community. After his year in Seattle, he returns to the reservation. He enters a depression-like state, stating that all he did was watch TV all day, and when his mother asked him, â€Å"What are you going to do for the rest of your life? And he responded, â€Å"Don’t know† (pg. 187). Later in the story he explains that because of his educational advantages, like going to college, he was thought to be someone from the reservation who was going to â€Å"make it† (pg. 188). Now, he is feeling disconnected with the society that has accepted him from the beginning, because he did not succeed in becoming what he was always thought to become. His initial plan was to leave the reservation in hopes of making a name for himself and finding his own individual identity, but he could not do that. The fact that he could not assimilate himself into another culture shows that he could not submerge himself into another culture, which also makes him go through an identity crisis because he wants to identify with one culture, but he cannot. I believe that Victor did not want to identify with the Native American culture, because he had the longing to leave the reservation, and because he had a relationship with a white woman. I do not think Victor wanted to be â€Å"white†, but he wanted to be â€Å"American†, which in American culture is synonymous with white and that is why he never belonged. When he went back home to the reservation, he also did not feel the connection with that culture, which played a role in his identity crisis. He could not fully identify himself into both cultures, let alone one. I think that Victor comes to the realization that as much as he wants to be an individual, and to be identified as himself, he cannot because of society. As much as he tries to change the stereotypical views that people perceive of him, he realizes that he cannot change the mind of every person in the world that is judging him. He longs for a world where he can be an individual.

Confucianism and Superior Man Essays

Confucianism and Superior Man Essays Confucianism and Superior Man Paper Confucianism and Superior Man Paper A Reflection on Confucianism Confucianism teachings focus on three socially critical topics. These aspects are woven into the Confucian teachings called The Analects. The Analects can be broken down into the four main parts of focus, humanity, or Jean, word-deed, propriety and the superior man. These Analects are primarily concerned with the personal, and government morality of the people in a given society, the correctness of their social relationships, and the justice and sincerity within that society as well as within a person. This purpose of this paper is to analyze various confusion sayings In attempt to Interpret and reflect on what is being said. Jean can be a difficult thing to define for the sole reason that It can be Interpreted In a variety of different ways. What Is certain about Is that Is a central to not only Confucian philosophy but Chinese philosophy as a whole. Jean is a virtue that the superior man harnesses. A person of Jean is someone who demonstrates the essence of the golden rule and a man who contains a benevolent heart. Jean is associated with humanity because Jean, in essence, is based on human action and human legislations. Jean is an all encompassing love for not only every other person but also of oneself. In 12:22 of the Confucian Analects, Fan Chichi asked about humanity. Confucius said, It is to love men. This excerpt demonstrates how the key to humanity Is for everyone to essentially get along and love one another. Considering that humanity and Jean are closely related, It can be said that humanity and Jean are interchangeable In this piece as well as many other pieces of Confucian writing. A key aspect In the Analects as well as being one of the most Important aspects In Chinese culture is filial piety. Confucius focuses on how one should love and respect their parents, elders and ancestors and do as they are told to do. However, at the time this was directed at only the males in the family for another part of filial piety was to ensure a male heir. He focuses many of his teachings around this and even applies it to a world view of how a government should be like a family. To prove Just how important filial piety was, Confucius taught it as being one of the roots to humanity. In 1 of the Analects, You-Thus said, Filial piety and brotherly respect are he root of humanity den). This proves Just how important filial piety is to Chinese culture. This Just drives home the point that Chinese culture Is based on good and strong moral principles and it is this Ingredient that enables humanity to strive. The superior man Is one who demonstrates all the other main qualities of being a man who Is In touch with humanity, Jean, and propriety. It Is difficult to say whether or not someone can possess all of these qualities and actually be a superior man, but ten primary purpose Is to prove a correct pat to lead your Tie In ten way AT tons. IT one makes this attempt, they are already on their way and have bettered themselves as well as the people around him by demonstrating theses qualities. For example in 4:24 of the Analects, Confucius said, The superior man wants to be slow in word but diligent in action. 4:24 of the Analects provides us with example of not only an aspect of a superior man, but the Confucian teaching of word-deed. This can be interpreted in many ways, but what first comes to mind, from someone living in western culture, is the saying of actions speak louder than words. I feel that Confucius is trying to show exactly this. I feel another great example of what a superior man is demonstrated through 1 5:20, Confucius said, The superior man seeks room for improvement or occasion to blame in himself; the inferior man seeks it in others. I feel this is an excellent example of what the superior man is at heart. He is a man of good value, strong character and righteousness. To compare this to western culture, I think of the story of George Washington and the chopping of the cherry tree. He confessed that he did it, blamed himself instead of finding a clever excuse or blaming someone else, Just as a superior man would do. We use stories such as these to learn moral and how to behave, Just as Chinese culture uses the Confucian Analects to do the same. Another example of Confucian teaching and also how humanity is such a powerful and reoccurring theme in the Analects demonstrated through word-deed. In 13:27 of the Analects, Confucius said, A man who is strong, resolute, simple, and slow to speak is near to humanity. I feel this teaching is essentially saying think before you speak or one should be diligent and careful with his speech. Humanity is recognized and one becomes closer to it when you exemplify these actions. It is through these teachings that we are constantly shown different examples of humanity, but shown from many different directions and points of view. One teaching that can be Juxtaposed with this one is 1:3, Confucius said, A man with clever words and an ingratiating appearance is seldom a man of humanity. This demonstrates how one should go about being a man of good word and deed as well as being a man closer to humanity by showing the complete contrast of what is word-deed and humanity. I personally liked how Confucius provided us with the same key point but in completely different example from different view points. In the Confucian Analects, a person from western culture recognizes one familiar aspect in the teachings, the Golden Rule. In 12:2 Chunk-gung asked about humanity. Confucius said, When you go abroad behave to everyone as if you were receiving a great guest. Employ the people as if you were assisting a great sacrifice. Do not do to others what you do not what them to do to you. Then were will be no complaint against you in the state or in the family. Chunk-gung said, Although I am not intelligent, may I put your saying into practice. The Golden Rule in western culture and the one from Chinese culture express exactly the same thing. However, the literal wordings of these sayings are the complete opposite. Another point I think Confucius is making is when Chunk-gung responds to Confucius golden rule. He says that he is not intelligent but he will put his saying into practice. I think what he is saying here is that this saying is so obvious, that someone who is not intelligent can even go about practicing its ways. This says a great deal about how much he stresses his rule in particular. The Confucian Analects cover topics consisting of great skeletal Importance. It not only covers Just now one snouts Deanna, out now Tanat one person can affect the people around him or her. Confucius was not Just talking to man, but he was also including the state, for this was also one of his focuses. Confucius wants us to constantly be striving to become the superior man, a man of Jean, a man of filial piety. These are they key factors in the Analects and from these come many great virtues, like propriety, that are also emphasized in his works. From this essay I have come to the conclusion that his teachings are simple in word, but complex in meaning. I feel you can read one of his teachings one day, and the following week read it again and you will have a different interpretation of what it meant. This I feel proves Just how complex and true his teachings are. These are my interpretations and reflections on the Confucian Analects. I found it very interesting to go in depth and analyze these teachings. This was my first experience with philosophy and I look forward to learning and understanding more in my future.

South Carolina Slave Essay Example | Topics and Well Written Essays - 1000 words

South Carolina Slave - Essay Example Such inalienable rights also refer to my inherent rights to freedom. The declaration also speaks of equality and although Jefferson and the other founding fathers have been largely embroiled in the practice of slavery, slavery is still very much against the concept of equality. Slavery is basically a war against human nature. It is also an act of assault against people from a distant place, an assault which captivates them into a degrading existence (Nininger, Jr., 2011). Based on these primary precepts, I therefore deserve to be freed from my servitude. I believe that although Jefferson himself had slaves, such fact cannot prevent the deeper understanding of the statements of independence upon which the declaration of independence was based. I believe that Locke was a significant influence in the Jefferson’s ideals. Locke believed that God gave man four fundamental rights. These rights included the right to life, liberty, and property (Maier, 2001). Locke also believed that t he most important human law is that of the preservation of mankind. In order to meet such purpose, Locke believed that it is incumbent upon all individuals to protect their own rights. I, therefore, have the right to preserve my life and my rights. Preserving my life is preserving it for my own, not for other people, and certainly not for those who have tied me to servitude (Maier, 2001). I also feel more support from Locke in terms of seeking freedom from servitude. Locke succinctly points out that all people must have the right to make choices on the way they would carry out their activities, for as long as their actions do not interfere with the rights of others. In effect, Locke believes that one’s liberty must be extensive and not be filled with limitations. Slavery however extensively limits the rights and liberties of a person. I believe that the role of the government is to protect the exercise of my inherent and inalienable rights. Such principles under the declarati on of independence ensure that I have the same rights as other people. My status as a slave is therefore something I can inherently discard, even without the declaration of other people, including my masters or owners. My owners or masters also have a legal obligation to obey the principles of declaration and the laws of their rulers (Maier, 2001). The Declaration of Independence also claims that all men are created equal. This claim is the best support for my desire to be free of my servitude. Those who signed the declaration of independence had dubious stands on slavery as they loudly declared it to be wrong, but were themselves slave owners (Maier, 2001). Hutcheson also stated that â€Å"all men are morally equal to one another and that nature makes none masters, none slaves† (Maier, 2001). Still, slavery remained persistent, especially among these Declaration signatories because they actually did not see a clear way of ending the practice. I believe that it would have ind eed been difficult and disruptive to have slaves freed at once. It would have cause chaos in society and it would have left slaves without any visible and immediate means to support themselves (Maier, 2001). The cotton industry was also dependent on hundreds of slaves. Freeing them was bound to cause the collapse of the cotton industry. With these considerations, I believe that it would not be easy for me to gain freedom from my servitude. The Articles of Confederation provide no support or recognition for slavery. The only

Strategic and Tactical Goals of Memorandum Assignment

Strategic and Tactical Goals of Memorandum - Assignment Example The first tactical goal involves having all divisional leadership examine their current employee volumes and determine which positions do not require the use of current office space. This tactical goal would involve assessing the current job design and job responsibilities of each employee and then reporting on these functions via a formal report. This goal is designed to give the senior managers an opportunity to understand what is specifically behind each employee’s job description and determine whether they actually need ongoing use of limited office space. A secondary tactical goal in order to meet the restructuring strategic goal is to conduct a technology audit in order to determine which jobs could benefit from telecommuting without causing disruption to the current productivity outputs. Currently, the BRP and SAP software in the business allows for flexible, off-site job function if the employee is equipped with a remote software and computer package in their own homes. Divisional managers would need to evaluate which employees are the most likely to benefit from an autonomous working environment and would produce the largest, most motivated job outputs. It is the responsibility of managers looking for potential employees to move to a telecommuting environment to address their past history of attendance, performance, or ability to work with others in a large corporate environment. Those employees with the best track record should be considered first and discussions held with the information support desk to assist in getting the ri ght technology and supplies to the worker’s homes for immediate transfer through telecommuting. The largest issue with the tactical goal of assessing job roles is that employees might be resistant to being examined in this way, fearing that they may have future issues of job security as though the business may be  attempting to phase them out.

Th fed-how it manages the economy and the federal open market committe Essay

Th fed-how it manages the economy and the federal open market committe - Essay Example The fed uses its monetary policy to influence the availability and cost of money and credit to help promote national economic goals (Federalreserve. Gov). Among these functions the FOMC is responsible for the open market operations (buying and selling of government bonds to the market) function of the Fed. With the use of this tool through FOMC, the Fed manages the economy by balancing the balancing the interest rate according to the economic objective of the government. In simple language, FOMC can help expand the economy by reducing the cost of money to business by lowering the interest rates that would encourage them to expand their business operation which would in turn have a ripple effect of job creation, increased domestic spending and higher tax collection. During an overheated expansion of the economy, monetary policy can also be used to manage its ill effect which is usually inflation (too much money circulating in the economy). This can be done by raising the interest rates or cost of borrowing which would constrict the money supply and therefore arrest inflation. This function â€Å"mops out† excessive liquidity in the market to abate the effect of an â€Å"overheated† economy by raising interest rates which would otherwise led to an â€Å"overheated economy†. During a crisis such as the recent financial crisis that begun late of 2008, monetary policy was used to increase money supply by lowering the interest rates to push for an expansionary economy and abate the effect of the crisis. In the 2008 crisis, the Fed pegged â€Å"short-term interest rates to near zero† and bought â€Å"huge amounts of long-term Treasury debt and mortgages to push down long-term rates† (Wessel). The objective of adopting this monetary policy through FOMC was (1) signal that the Fed would keep short-term rates low for a long time, (2) drive long-term consumer and business borrowing rates lower

Changing Business Environment of Tata Motors

Changing Business Environment of Tata Motors Executive Summary: Business Environment is the key factor which determines the success and failure of a business. If an organisation has a prior knowledge about its business environment and take strategic decisions from the signs from the environment around the business then the organisation is bound to become a success. The key factor in the business environment is divided into two broad categories namely Micro and Macro Environments. The factors which are can be controlled are the factors of micro environment namely the organisations raw material provider, distributors, sellers, transportation channels, retailers to name a few. But the macro environmental factor are factors which the organisation doesnt have any control over it but the company is bound to follow are adhere to it in order to be successful like the rules and regulations of government, taxations, environmental factors, laws, etc. with the help of these macro and micro environmental factors the company can position itself in such a way t hat it is sync with the business environment and as well as satisfying the customers and reaching the organisations goals. This research deals about Tata Motor Company which is the largest car manufacturing company in India. With the help of sufficient business models and supporting literatures the resultant research outcome gives an insight about the organisations position in the local as well as the international markets and its progress in the past five years. Introduction: Tata Motors was established under the Tata Group of companies in 1945. They became Indias largest automobile manufacturing company, after which they were the first Indian automobile company to enter the stock exchange in New York. In 1954, they began manufacturing commercial vehicles in collaboration with Daimler Benz of Germany. This collaboration led them to become the largest commercial vehicle manufacturing company in India. They are now among the top five worlds largest medium and heavy truck, bus manufacturers. They started the passenger vehicles manufacturing unit in 1991, and now they rank second in Indias passenger vehicle market. In this composition, we will implement the business models and methods in the above mentioned company. Relevant literature reviews are given and the facts are gathered using secondary data collection method. Recommendations are discussed at the end on the basis of the outcome retrieved from the implementation done in the significant business models. Organization Background: The Tata Motors group is a passenger and commercial vehicle manufacturer based in India. The group was established as part of the Tata Group in 1945. They have been well known for their commercial vehicles and in the past decade they entered into the passenger vehicle segments. Currently, Tata Motors has an ample line of passenger vehicles and a large line of commercial vehicles such as pickups, trucks, tractors, trailers, tippers, and buses. Both product lines of the Tata Motors group have seen success, but much of this has been built upon the more deeply established commercial vehicle product line. Tata Motors commercial line has been established for several years in many market segments such as Europe, Africa, The Middle East, Australia, Southeast Asia, and South Asia. They expanded their business and market share around the world through a series of acquisitions. They acquired Daewoo commercial vehicle Company in South Korea in 2004. This acquisition gave Tata Motors a significant presence in the Korean market. They also had collaborations with companies such as Thonburi Automotive in 2006, which allowed them to manufacture and market pickup trucks in Thailand. The commercial vehicle area of the business has certainly been how Tata Motors have built their reputation, with commercial vehicles accounting for 80-85% of company profits. They are beginning to employ a similar technique as they now expand into the passenger car business. Tata Motors have been making global headlines in the auto industry recently. The hottest news is their acquisition of Jaguar and Land Rover from Ford. Tata paid 2.3 billion dollars to Ford for the two brands that cost Ford 5.3 billion dollars. This is a major step for the company because it triggers them into the luxury car business which they are not popular for at this situation. As they acquire many businesses they will be managing the luxury car automobile business with their previous management. This is yet another large acquisition for the Tata Motors group and could create great success for the company in the near future. Tata Motors have increased its earnings over the years through their various acquisitions and joint ventures with truck manufacturers in Southeast Asia. Gross profit in the year 2006 was 1,160.9 million and increased to 1,510.1 million in the year 2007. After a large drop in revenues from 2004 to 2005 when the company first went public on the NYSE, it has been increasing revenues greatly annually, from 4,422.0 million in 2005 to 7,354.0 in 2007. Their net Revenue in 2008-09 was 256.79 billion, and net profit was 100.26 billion, due to market disruption. SWOT Analysis: Strengths: Tata motors have a wife variety of products due to its collaborations and joint ventures with other vehicle manufacturing companies and due to the fact that it has acquired many international companies which enabled it to access new technologies and inject them into its existing commercial and passenger vehicles manufacturing line. Tata motors have strong Human resources. It helps its employees to gain knowledge by providing additional support to by providing workshops and trainings. Weaknesses: The organisation has a little amount of weakness because it has a wide variety of products with a wide range from cheap cars as low as $2000 to premium cars which can cost up to $ 80000. so everyone gets what the desire. Opportunities: With its wide variety of products it has a huge opportunity to reach into almost all the sectors of automobile industry. Tata motors have multiple classes of vehicles such as passenger cars, commercial vehicles, busses, defences and support vehicles. Threats: With the huge variety of vehicles and different sectors to venture into Tata motors have created serious rivalry from different car manufacturers such as Hyundai motors, Maruthi-Suzuki, Ford, Chevrolet, Skoda Motors and so on. The higer the pressure from the rivals creates even more opportunities to discover new innovative ideas and technologies to implement in their manufacturing of vehicles. The initial stage of any strategic planning is the SWOT analysis. The structure of the SWOT analysis is simple but, after analysing an organisation using this tool a perfect solution for a strategic plan can be obtained from the data collected. SWOT represents Strength, Weakness, Opportunities and Threats. The strength and weakness are internal factors whereas; opportunities and threats are external factors. There are some simple rules to obtain good results from SWOT analysis. The organisation must be realistic about the strengths and weaknesses. It should show the difference between where the organization is and where is it heading to, SWOT must be applied in relation to the competitor. It is better to avoid complexity and over analysis since, SWOT is subjective. (Marketing teacher) PESTEL analysis: PESTEL analysis helps to position any organisation with its business environment. It enables to assess the organiations improvement and success with the factors that are uncontrolable by the oragnisation thses factors are also known as micro environmental factors for example factors such as competitiors, econpomy, sellers, buyers, distributors and general consumers. Pestel analysis gives an clear insight about the organisation and its values and position. This research implement the PESTEL analysis for the TATA motor company. Political Factors: In the past few years TATA motors ventured in to new grounds by merging and aquiring new companies in differrent parts of the world. In 2004 it aquired Daewoo Commercial vehicles company in Korea which helped Tata motors to gain some international ground. With the expansion the Tata motors had to follow certain rules and regultaions which casued them to hire employees and staff from the local area and since they had a strict law of labour union they had little or no job redundancy. Since tata motors had its presence in the whole of Asia, Africa, Australia, The Middle East and the United Kingdom it had various rules and regulations to follow and since it was a very difficult taask to cope up with and the changes to adhere to it had most of its operations and manamgement planning within India where it has its most of the dealerships and subsidiaries. Therefore Tata motors had a very hard ground to cover and its overseas acquisition of Land Rover and Jaguar from Ford motors enabled it t o concentrate on luxury cars and not its traditional economy class cars. On the acquisition of these luxury car companies it had a similar problem as the acquisiton of Daewoo motors in Korea. Since UK has a very powerful Labour union, Tata motors made amove not to fire any of its employees from the previous ownership but it made all of its top level managers and staff shifted from other parts of the organisation who were well aware of the companies work culture and ethics. Economical Factors: Tata motors is the biggest automobile and commercial vehicle manufacturing company in India. With over 70% of market share in India and it had a 0.81% of market share globally. when Tata Motors acquired Land Rover and Jaguar in 2008 it had solidified revenue a massive $16 billion. In 2008 when Tata motors acquired Land Rover and Jaguar the premium car companies it planned to raise funds through its shares, but due to the mangements decision it was left in last moment, but in 2010 Tata Motors are pallning to raise around $700 Million in its shares sales. This decision is is made in order to raise funds for its new manufacturing plants and to enhance its research and development but there are no official reports of when it will be implemented. These shares are sold to the minority share holders in order to safe guard the organisation since the decision was taken it had one tenth of the voting rights of the ordinary shares with a 5% increase in the dividend. Tata motors is the first car manufacturing company to produce the cheapest road car in the world the Nano, which is priced at approximately $2000. which has made a great difference in India where the booking of these cars are filled up even before the cars are commercially manufactured. Tata motors is a dual listed company it is listed in Bombay Stock Exchange as well as New York Stock Exchange under the sign TTM. Tata commercial vehicle manufacturing company has been in the top five commercial vehicle manufactures in the world and it also one of the top eight companies in India with a annual turn over of $7 billion. Tata motors since the beginning of its venture with partner ship with daimler-Benz in 1954 have came up with new concepts in car manufaturing but it has always focused upon the mid and small sized cars, this is due to fact that most of its customer base is India where the traffic is highly congested and fuel consumptions are very high with the price of fuel relatively higher. So people tend to hav e a soft corner over the small sized cars. So Tata Motors introduced Tata Indica a small sized car in 1998, which fits 5 people with a very little boot space, It became an instant star among the people and large number of orders were made and even today it is preferred by many people because of itssize and a very low fuel consumption and high mileage in the city as well as in the high ways. Tata has its presence in the global economy. It has partner ship with different companies in different parts of the world it has a wide variety of products to manufacture. Tata motors has joint ventures between Fiat car manufacturing company and in recent times Tata motors has intiated to bring in new models of its Joint ventured company Fiat Motors. Other than manufacturing of commercial and passenger vehicles Tata has its section of defence solution it is an internal wing of Tata motors but specialised in manufacturing of heavy armoured and transportation and support vehicles for the army. It h as great potential in India as well as different parts of the globe. Social Factors: The Tata motors have more than half a century of experience in manufacturing of locomotives and vehicles either passenger or commercial. Tata motors have heritage of helping the community by opening a trust which helps the community by providing education for the poor people and helping charity and community works. Tata motors are the signatory of United Nations organisation. Every time it builds a new manufacturing plant it recruits staff and labourers who are local to the area this enables the local people to acquaint to the company and it creates huge job opportunities as well. Tata motors induce more than 2% of its annual turnover to research and development of new and innovative equipments to keep the balance between the ecology and machines and reducing the pollution of the vehicles it manufactures. Technological Factors: Tata motors have invested more money into its technological aspects this is due to the fact that the pollution cause by vehicles increase the carbon monoxide content in the atmosphere which in turn gives way to green house effect where the gases stay in the environment and heat up the planets atmosphere which cause global warming. So all the vehicles that tata manufactures are tested n tired in order that they have little contribution to the global warming. Apart from environmental factors the passenger car segment has its own technological advancements such as the v2 engines that the company manufactures are know to be one of the best in its class in terms of power, low consumption of fuel and high mileage, and after acquiring the Land Rover and Jaguar from Ford motors in 2008 Tata motors have discovered that the engines in these vehicles are proved to add more stress to the performance of the vehicles so currently they are researching into finding solutions for fine tuning these en gines which in turn makes it to perform well. In the European markets Tata motors have initiated a new method of scrapping the old cars, here they inform there customers to bring in their old vehicles to recycle it for free and they use there own centres and subsidiaries to dismantle the old vehicles which makes most of the parts to be serviced and fitted into other vehicles. These are some of the key technological factors of Tata Motors. Ecological Factors: Tata motors have a good standard of manufacturing vehicles adhering to the euro and Indian standards of emission and it also invested into creating greener cars by researching in alternate fuel methods and low consumption of fuel which creates a balance between the eco systems. All the vehicles come with low emission a filter which convert and reduces the carbon monoxide content emitted by the vehicles. Legal Factors: Since it has its companys presence in many countries it has a lot of law, rules and regulations to follow. Tata in recent years have been adhere to the governments laws and taxations that the Indian government has awarded Tata Motors as the best car manufacturer. There have been serious frictions in the state of Bihar where it planned to build its new car Nanos manufacturing plant but the state government insisted the Tata motors to shift its base to some other state, which Tata motors did by moving its plan to the state of Gujarat. These are some of the legal issues faced by Tata Motors. Conclusion: Tata motor company has been a fore runner in car manufacturing in India. With the market share of 70% it has a potential to capture more and since the company had serious issues with its rivals it has proved to be winning the tests. Apart from its financial part the Tata motors have given back to the community by manufacturing cars which are far cheaper than any other car manufacturing company could produce. It has also helped the community by providing funds for less able people and created more job opportunities and supported many community development programs and public organisation. With such high profile the organisation serves the community well and honouring this the United Nations Organisation has acquainted with the company in order to maintain the ecological system of the planet by manufacturing low emission vehicles. In recent years Tata motors has been venturing in to new international grounds by acquiring and jointly venturing with similar manufacturing companies. Recommendations: This research recommends that tata motors must implement innovative and technological advancements in manufacturing its vehicles which produce lesser emission and in order to sustain itself in the future the Tata motors must initiate more of its concentration in developing the community by providing awarness about the eco system. Apart from these factors there are limited amount of modification required of the company. In conclusion, Tata motors have proved itself to be a innovative leader with high degree of corporate social responsibility. With its strategic planning and management skills Tata motors will become the leader in automobile manufacturing company in India as well as globally.

L.a. confidential :: essays research papers

Commonly, when we make value judgements about people we speak as if there were a single norm towards which everyone ought to be growing. They're supposed to succeed in becoming perfect specimens. You can tell whether they do by seeing how well they perform according to a checklist of desired features. We also speak as if people have an outside and an inside, and that on the inside, they're really either good or bad. It's hard to analyze Ellroy's characters in these terms. For Bud White we'd have to say that he was warped by his early trauma. What his father did to him made him a brute, yet he still has enough inner decency to try to prevent women from being abused. Or—Wait a minute!—is it the opposite? Maybe, he's a brute by nature and it's only thanks to the terrible thing that happened to his mother that he has some morality. Neither of these explanations seems to satisfy, because the framework on which they are constructed is inadequate. Bud doesn't seem to fit into a dichotomy of outside versus inside. Also, the things that make him bad seem more or less identical to the things that make him good: his hatred of violence towards women, his blind persistence. Bud White doesn't seem to have had any chance at perfection. So, what can he do then, assuming he wants to make a decent adult out of himself? Maybe Bud has to start out from where he is and we have to interpret his current actions against that background instead of comparing them to an abstract, one-size-fits-all standard. L.A. Confidential is about three men and a woman who find themselves in medias res. They don't get any single chance to decide forever what they'll be. They're already on the wrong side. They don't seem to be able to separate out their imperfections from their perfections, so their job seems to be to take all of what they've got, including their neuroses and the ghosts from their past, and to use it as raw material to continuously reconstruct themselves. They can't make themselves perfect: the moving finger has already written and moved on. The things that they go through, terrible as they are, do give them a chance to make themselves better.

Violence in Sports

Comedian Rodney Dangerfield once joked, â€Å"I went to the fight the other night and a hockey game broke out†, but violence in sports is a continuous problem that is not amusing. Whether the conversation is the about the â€Å"blood games† of the Ancient Greeks and Romans or the 2012 NFL season, there is one common factor and it is violence. Over the course of history sporting events have become more civilized which does not make the â€Å"blood games† and Monday Night Football an apples to apples comparison, however one cannot debate the fact that violence still remains a main stay in sports today.The real debate is who is responsible for its continuous existence. Has society witnessed so much violence that sports would not be sports without it? Did the media and the commercialization of sports help keep violence alive in today’s games? Is there truly enough evidence to pinpoint the real culprit or can we all mutually agree that all parties are to blame? The author argues that much of the violence in sports today involves overconformity to the norms of the sport ethic which is absolutely valid.Jay Coakley discusses how athletes may use violence to enhance their status amongst peers and gain popularity with spectators. He believes some athletes compensate their insecurities with extreme measures to prove themselves because â€Å"they are only as good as their last game†. Every day athletes are looking to make that big devastating hit that will have fans jumping out of their seats, teammates giving them high fives and coaches praising them in team film sessions. They have a desire to gain a reputation that demands respects, a player with a killer instinct that opponents fear.While I agree with Coakley, it is only to a certain degree. In today’s society you must factor in the media and the commercialization of sports as well. Players understand that the big hit will gain them the respect they desire, but it will also gai n a clip in ESPN’s top ten highlights. Players in today’s game have a need to be noticed and recognized by the media because it will lead to cashing in on a big time sports contract and endorsement deals. Back in the 1970’s players demanded respect because they wanted to be a tough guy which is also true today, but now they prefer to be a famous rich tough guy.Violence in sports does not only exist within the participants of sporting events either, which continues to build on the Coakley’s argument that athletes use violence in an effort to gain spectators popularity. Sports fans fighting against other fans for obscene comments toward each other, wearing the wrong jersey in the wrong section, or looking to fight players for poor performances are becoming the norm. These events are putting fans in a state of wanting, in fact needing violence in order to be satisfied with sporting events.Soccer has become a sport that is synonymous with fan violence. Soccer fans have no level of fear when it comes to violence and it has come the point that soccer players are scared of their own fans. Alexei Barrionuevo and Charles Newberry of the NY Times wrote an article discussing the extreme fan hostility and violence that occurs in Argentinian soccer. There is an organization in Argentina dedicated to ending violence in soccer named Let’s Save Football, but there existence is not enough to deter the violence.In fact the president of the organization Monica Nizzard, stated, â€Å"We don’t feel safe inside of our stadiums in Argentina†, â€Å"That is why families have stopped going. † (NY Times 2011). This is just one example of many fans creating a violent atmosphere that exists in sports today. Coalkey also describes a scene from Pat Conroy’s novel The Prince of Tides that has a coach addressing his team in a manner that puts a player in a state of mind looking to create a violent experience.However he states â⠂¬Å"many coaches don’t use such vivid vocabulary because they know it can inspire dangerous forms of violence† and then adds that these coaches seek athletes that already think that way. He is correct, but at the same time incorrect. For example, the NFL recently made headlines with the New Orleans Saints â€Å"bounty program† where MSN Fox Sports quoted defensive coordinator Greg Williams quoted as saying, †We need to decide whether Crabtree wants to be a (expletive) prima donna or he wants to be a tough guy. He becomes human when we †¦ take out that outside ACL. ‘ (Associated Press 2012). Coaches are just as responsible for violence in sports as the athletes. Some coaches may not be quoted like Greg Williams was, but on both amateur and professional levels coaches prepare game speeches about going to war with the enemy†¦not go give it your best effort. Below is a recent controversial video of a football coach that may or may not have assau lted an opposing 7th grade football player depending on your side of the situation. Regardless of the opinion on his actions it makes people wonder what this coach may be saying when the camera is not on. http://network. ardbarker. com/high_school/article_external/backyard/new_video_emerges_of_youth_coach_assaulting_player/12191230? refmod=backyard=foxsports Sports play a significant role in society and grab the attention of millions of viewers while impacting the lives of hundreds of thousands of athletes. Some athletes use violence as a basic instinct while playing sports. Some athletes will use it as a means to gain money, power and respect. Some fans will cheer for violence and some fans will jeer against it. Coaches and parents will teach their children the right and wrong of violence in sports.With all that said, violence is not doing a disappearing magic act from sports. It used to exist, still exists and will continue to exist. Throughout all of my reading for this assignmen t I go back to one quote from Dan Lebowitz, executive director of the Center for the Study of Sport in Society at Northeastern University in Boston†¦Ã¢â‚¬ Questioning violence in sports offers an opportunity to question humanity in general. † (Discovery News, 2012) Cited References BarrioNuevo, A and Newberry, C. (2011, Nov. 26). In Argentina, Violence is Part of the Soccer Culture. Retrieved from NYTimes. com: http://www. nytimes. om/2011/11/27/sports/soccer/in-argentina-violence-is-part-of-the-soccer-culture. html? pagewanted=all=0 This article discusses the extremely violent nature of soccer in Argentina. It goes into detail the actions of violent Argentinian soccer fans. It also discusses how they are attempting to put a stop to the violence. Associated Press (2012, April 06). Report: Tape Captured Bounty Offer Retrieved from Fox Sports: http://msn. foxsports. com/nfl/story/gregg-williams-instructed-new-orleans-saints-players-to-injure-san-francisco-49ers-040512 In t his article the author discusses the New Orleans Saints bounty scandal.It discusses the first released quotes from Coach Greg Williams regarding the bounties. It goes into detail about the entire tape and how it impacts the bounty scandal. Issac, A. (2012, Nov. 12). MNew Video Emerges of Youth Coach Assualting Playerke's Neon- Retrieved from Fox Sports: http://network. yardbarker. com/high_school/article_external/backyard/new_video_emerges_of_youth_coach_assaulting_player/12191230? refmod=backyard&refsrc=foxsports The video clip was used as a reference. The video shows a clip of a youth football coach assaulting an opposing 7th grade player.It details the legal action taken place against the coach and how it has affected his life. The player’s mother also speaks out against the coach. Sohn, E. (2012, March 07). Is Violence in Sport Inevitable Retrieved from Discovery News: http://news. discovery. com/adventure/violence-sports-football-120307. html The author discusses violenc e in sports and fans reactions to violence. It discusses actual fan violence as well as the viewership reactions to violence. The author also discusses the impact violence would have on sports if it did not exist.

Sources Of Law Introduction To The Malaysian Legal System Sources Of Law

SOURCES OF LAW INTRODUCTION TO THE MALAYSIAN LEGAL SYSTEM SOURCES OF LAW The sources of Malaysian law refer to the legal sources i. e. the legal rules that make up the law in Malaysia. The sources of Malaysian law comprise: 1)Written law; and 2)Unwritten law Federal and State Constitutions Written Legislations & Delegated Legislations SOURCES OF MALAYSIAN LAW Judicial Decision English law Unwritten Islamic law Customary Law SOURCES OF LAW: UNWRITTEN LAW Unwritten law is the portion of Malaysian law which is not being enacted by the Parliament or State Legislative Assemblies and is not found in the Federal & State Constitutions.It is found in cases decided by the courts, local customs etc. – The unwritten law comprises the following: – i. Principles of English law applicable to the local circumstances. ii. Judicial decisions of a superior courts e. g. the High Courts, Courts of Appeal and the Federal Court. iii. Customs of the local inhabitants which have been accepted a s law by the courts. iv. Islamic law UNWRITTEN LAW – ENGLISH LAW English law comprises of the common law, the rules of equity and statutes :The common law is the unwritten law which was developed by judges in England based on customs and usages of the society.The common law is recognized and enforced through decisions of courts rather than through parliament or the executive branch of the government. The rules of equity is a body of legal rules formulated and administered by the Court of Chancery in England to supplement the rules and procedures of the common law. Statutes are the laws which are enacted by the legislature/parliament. Reception and Application of English Law in Malaysia ? Started with the informal reception in the Straits Settlement. ? Led to the Malay States through the intervention of the British Resident and advisors. As for the Borneo states since they became British protectorates in 1888, they too informally received English Law. ? The English Law was for mally received under three statutes: ? Civil Law Ordinance 1956 for Peninsular Malaysia ? Application of Laws Ordinance 1951 for Sabah ? Application of Laws Ordinance 1949 for Sarawak ? All the three statutes are now incorporated into the Civil Law Act 1956 ? The principles of English law can be applied in Malaysia by virtue of section 3 and 5 of the Civil Law Act 1956.It provides for the application of the principles of English law in Malaysian courts provided that: ? i) there is a lacuna in law, and ? ii)the principles of English law is suitable to the local circumstances. ? Lacuna = a blank gap or missing part ?Sec. 3(1)(a) of the Civil Law Act 1956 provides that the Court shall in West Malaysia apply the English common law and rules of equity as administered in England on 7 April 1956. This means that only English law, which was used in England as at 7 April 1956 can be used in West Malaysia.Further development of English law after this date cannot be so applied. However, they m ay be persuasive, especially in the absence of local statutory provisions or case law. ?Sec. 3(1(b) of the the Civil Law Act 1956 provides that the Court shall in Sabah apply the English common law, rules of equity and statutes of general application as administered or in force in England on 1 December 1951. ?As for Sarawak , sec. 3(1)(c) of the Civil Law Act 1956 allows the Court to use English common law, rules of equity and statutes of general application in force in England on 12 December 1949. English Commercial Law ? As for English commercial law, sec. 5(1) of the Civil Law Act 1956 provides that for West Malaysia (except for Penang and Malacca), the principles of English commercial law as at 7 April 1956 shall be applied in the absence of local legislation. ? As for the states of Penang, Malacca, Sabah & Sarawak – sec. 5(2) of the Civil Law Act 1956 provides that the principles of English commercial law as at the date on which the matter has to be decided is to be used , where there is no Malaysian legislation on that area. However, as there are an increasing number of Malaysian statutes on commercial law, sec. 5 Civil Law Act 1956 is of diminishing importance. ? The local circumstances clause in sec 3 Civil Law Act 1956 is absent in sec 5 Civil Law Act 1956 , but in practice, sec 5 has been interpreted as if it is subject to this clause as – Shaik Sahied bin Abdullah Bajerai v Sockalingam Chettiar (1933) Section 5 [Specific Application Commercial Matters] ? S 5(1) – All West Malaysia states (Except Penang & Malacca) apply English Commercial Law including statutes on 7/4/1956 S 5(2) – Penang, Malacca, Sabah & Sarawak apply the relevant and applicable English Commercial Law on the date of trial HIERARCHY OF COURTS IN MALAYSIA Federal Court Courts of Appeal High Courts Sessions Courts Magistrates’ Courts Penghulu‘s Courts UNWRITTEN LAW – JUDICIAL PRECEDENT court decisions which make up the ? Judicial decision s are common law of a country. The courts make law by applying the existing law to new situations and by interpreting legislations. Judicial decisions form part of the law of Malaysia through the doctrine of judicial precedent. A judicial precedent is commonly defined as â€Å" a judgment or decision of a court of law cited as authority for the legal principle embodied in its decision†. ? Doctrine = a principle The Doctrine of Judicial Precedent. ? This doctrine states that an earlier decision of a higher ranked court is binding on a later lower ranked court, if the facts in both cases are similar. Thus the cases heard in a higher ranked court lay down legal principles which must be followed by the lower ranked court. Once a precedent is made, it remains binding unless and until overruled by a later decision. The doctrine of judicial precedent is based on the principle of stare decisis, this means that like cases should be treated alike. The general rule is that all courts ar e bound to follow decisions made by courts higher than themselves in the hierarchy and appellate courts are usually bound by their own previous decisions although there are exceptions. ? stare decisis = stand by what has been ? This practice of following precedent is also known as stare decisis (stand by what has been decided).It is a legacy of the English common law system. ? If a judge fails to follow a binding precedent, the decision will be legally wrong and it is likely to be reversed on appeal. Where there is no appeal, it can be overruled in a later case. ? The general rule is, where the subsequent case is in pari materia The Application of the doctrine of Binding Precedent in Malaysia to the earlier case: a) Courts of lower rank in Malaysia are bound to follow the decisions of the courts of higher rank in this country. However, there are exceptions: I.When there is a conflict of decision between higher courts of the same rank : in the case of two conflicting decision of the Court of Appeal, the lower court is entitled to decide which one to follow; in the case of two conflicting decision of the Federal Court the lower court must follow the later decision (because it represents the existing state of the law). Dalip Bhagwan Singh v PP (1998) In pari materia = upon the same matter or subject I. The decision of the higher court though not expressly overruled, cannot in the opinion of the court stand with a decision of the Federal Court. II.Distinguishing precedent – a judge may distinguish the case when there are material differences in facts between the case before him and the case laying down the precedent. ? Hierarchy of the Courts: Federal Court v Court of Appeal v Superior Cts. High Court v Sessions Court v Magistrates’ Court Subordinate Cts. ? Only superior courts are entitled to set up judicial precedents whereas the subordinate courts are duty bound to follow precedents. ? The Federal Court ? The highest ranking court and the final ap peal court. ? The decisions of the Federal Court are binding on all lower Courts. The Federal Court is only bound by its own decision in civil cases. ? Decision of The Court of Appeal ? The Court of Appeal is bound by the decision of the Federal Court. ? The Court of Appeal's decision is binding on all lower courts, including the High Court. ? The Court of Appeal is also bound by its own decision ? Decision of The High Court ? The High Court decision is binding on all subordinate courts. ? The High Court is not bound by its own decision. ? Decision of The Subordinate Court ? The Sessions Courts and Magistrates’ Courts are bound by the decision of the Superior Courts. The Sessions Court and Magistrates’ Court decisions are not binding on any court, including themselves . UNWRITTEN LAW – CUSTOMS ? The regular pattern of social behaviour, accepted by a ? ? ? ? given society as binding upon itself. Customs are proved through repeated acts practiced over a long perio d of time, leading to the conclusion that by common consent they have become the accepted norm, or the law of the place, to the exclusion of ordinary law. In Malaysia, the term is also known as adat or ‘native law & custom’ Art 160 of Federal Constitution includes ‘customs & usages having the force of law’ in the definition of law.This definition distinguished between customs that have legal consequences and those that do not. ? There is no common customary law for all communities. ? Malays – Adat Perpatih & Adat Temenggung ? Natives of Sabah & Sarawak – Native law & custom ? Chinese – Chinese Customary law ? Indian – Indian Customary law ? Customary law consists of customs and traditions including Malay adat, old Chinese and Hindu customs and native law. UNWRITTEN LAW – ISLAMIC LAW ?- Islamic law is another important source of Malaysian law.It refers to the legal rules that are part of the Syariah and enacted as legislati on in accordance with the Federal and State Constitution. incorporation of Islamic principles into land laws and banking laws. Islamic law applies to all Muslims and of particular importance are the laws relating to family matters (marriage & divorce) & division of assets/properties of the deceased persons. ? It is increasingly being applied in our local laws e. g. through the ? In Malaysia the Islamic law applied is of the Shafii school of jurisprudence (mazhab), with some modification by Malay adat (customary) law. Islamic law is applicable only to Muslims and is administered in the Syariah court. Except for the Federal Territories, the states have the power to administer the Islamic law. ? Article 121(1A) of the Federal Constitution states that the civil courts have no jurisdiction in respects of any matter within the jurisdiction of Syariah court. It posseses civil jurisdiction in proceedings between parties who are Muslims, and limited criminal jurisdictions over offences by Mu slims against religion. ? The Sources of Islamic law are: The Quran, Sunnah, Ijma’, Qiyas etc. SOURCES OF LAW: WRITTEN LAW –Written law is the most important source of law in Malaysia. It is in writing and includes the following: the Federal and State Constitutions, legislations and subsidiary/delegated legislation Federal Constitution is the supreme law of the country and no law can go against it. It sets out the structure of the government and states that Malaysia is a system of parliamentary democracy with no separation of legislative and executive branch. However, the judiciary is a separate branch. The Federal Constitution also states the basic rights of every citizens, such as rights to education, citizenship rights and voting rights.There is also freedom to practice one’s own religion, although Islam is the religion of the Federation. – – – – The State constitution sets out the structure of the state governments and provides fo r the existence of a State Legislative Assembly in each state. The function of the state Legislative Assembly is to enact laws for the state. Legislation is enacted by the Parliament at federal level and by the state Legislative Assembly at the state level. The Federal and State legislatures are not supreme as they can only enact laws in accordance with the stipulated procedures in the Federal and State Constitutions.Law made by the Parliament is called an ‘Act’ while law made by the State Legislative Assemblies is called an Enactment or Ordinance. Subsidiary or delegated legislation arises when parliament delegates its rights to make law to another body such as the Minister concerned or a local authority. These laws are known as regulations or by-laws. There is a need for delegation as the Parliament’s time is limited and sometimes specialized expertise in certain areas of the law is required WRITTEN LAW – FEDERAL CONSTITUTION ? The meaning of the term â €˜Constitution’ It is used in two senses: ?The body of legal and non-legal rules concerning the government of a state ? A single written document having special legal status, which establishes the state, and sets out the structure and powers of the state ? In Malaysia, there are 13 states and three federal territories ? There is one Federal Constitution and 13 States Constitutions ? The Federal Constitution is the supreme law of the land. – The FC sets out the structure of the country’s government and states that Malaysia applies the system of parliamentary democracy. It lays down : i) the power of the Federal and State Governments ii) fundamental rights of ndividual such as the rights to education, voting & freedom to practice one’s own religion, although Islam is the official religion of the country. iii) Citizenship iv) the judiciary v) Financial provisions vi) Public Services vii) Relationship between Federation and the States viii) etc. WRITTEN LA W – STATE CONSTITUTION ? Each state has its own constitution. ? This constitution regulates the government of that particular state. ? The powers of a state is provided in the ‘State List' of the Federal Constitution. Example of matter which falls under the State List is Islamic personal and family laws. WRITTEN LAW – LEGISLATION Also known as primary legislation ? Refers to law enacted by: ? Parliament – at federal level ? State Legislative Assemblies – at state level ? Article 74(1) –Parliament makes laws on matters listed in the Federal List or Concurrent List ? Article 74(2) – State Legislature makes laws on matters listed in the State List or Concurrent List. ? Article 75 – if state law inconsistent with federal law the federal law prevails. Types of Legislation ACTS Enacted by Parliaments ENACTMENTS Enacted by State Legislative Assemblies ORDINANCES Promulgated by the YDPA During Emergency & Laws enacted by Sarawak State L egislative Assembly Laws enacted by the Parliament btw 1st Apr 1946 – 10th Sept 1959 ? Also known as delegated/ subordinate legislation ? Law made through powers delegated by the legislature to a WRITTEN LAW – SUBSIDIARY LEGISLATION body or person via a parent statute ? Sec 3 of the Interpretation Act 1948 & 1967 defines SL as: ? ‘Any proclamation, rule, regulation, order, notification, bylaw or other instrument made under any Act, Ordinance or other lawful authority & having legislative effect. ’ ? Why SL is needed: i. The legislature has insufficient time ii.Better to leave the highly technical aspect of the legislation to the experts or administrators on the job iii. The legislature is not continuously in session & the procedures are cumbersome The Federal Constitution The general features of the Malaysian Federal Constitution: ? The Supremacy of the Federal Constitution. – In Ah Thian v Government of Malaysia (1976), Suffian LP pointed out that the doctrine of Parliamentary Supremacy does not apply in Malaysia. Here we have a written constitution. The power of Parliament and state legislatures in Malaysia is limited by the Constitution. The legislature, the executive and the judiciary and all institutions created by the Federal Constitution and deriving their powers from it are subject to the provisions of the Federal Constitution. – Article 4(1) of the FC declares that the FC is the supreme law of the federation and any law passed after the merdeka day that is inconsistent with FC is (to the extent of the inconsistency) void. – Art 162 – pre merdeka laws shall be applied with such modifications as may be necessary to make them accord with the FC – In Dewan Undangan Negeri Kelantan & Anor v. Noordin Bin Salleh & Anor.The Supreme Court declared that a law passed by the Kelantan State Legislative Assembly to be void as the said state law contravened the provisions of the Federal Constitution that guaranteed the freedom of association. ? Fundamental Liberties/ Basic Human Rights ? The Constitution highlights and safeguards certain fundamental human rights essential for the continuance of human race. ? The constitution protects our freedom an restrains any law or any other power from encroaching and taking away our basic rights. ? Examples: o Article 5 – No one shall be deprived of his life or personal iberty except through the provisions of law. A person may not be unlawfully detained, he must be informed of the ground of his arrest and must be produced before a Magistrate within 24 hours. o Article 6- prohibits slavery and forced labour. o Article 7- protects against retrospective criminal laws and repeated trials. o Article 8 –provides for equality before the law and equal protection of the law. o Article 9 – provides for freedom of movement o o o o Article 10 – freedom of speech, expression and association. Art 11 – Rights to profess & pr actice & propagate religion Art 12 – Rights of education Art 13 – Rights to propertyRestraints†¦ ? Art 5 – i) Govt. entitled to stop/prevent individual from leaving/visiting country for various reasons. E. g. political boycott, threat of war, pending criminal charges, etc . , ii) Internal Security Act – detention w/o trial : exempted from complying with Art 5 ? Art 6 – compulsory service for national purposes – work incidental to serving of imprisonment are not considered slavery/labor force ? Art 7 – the acquitted/convicted can be subjected to disciplinary action by a domestic tribunal for the same offence, OR being tried under difference statute Art 8 – Art 153 allows reservation of quotas for bumiputras – AG is given power to discriminate individual for public interest – Certain people – enjoy immunity. E. g. monarch, diplomat, special rapporteur for UN ? Art 9 – subject to banishment order m ade by Deputy Minister of Home Affairs under s 2(i) of Restricted Residence Enactment ? Art 10 – Freedom of speech: Defamation Act 1957, Sedition Act 1948, Official Secrecy Act, Printing Presses & Publications Act 1984 Freedom of Assembly : Permit is sin qua non. Has to satisfy the police the assembly is not prejudicial & excite disturbance of peace Art 11 – Propagation is subjected to clause 4 where the state & federal law may restrict, control the act of propagation of any religion among persons professing Islam Clause 5 – In exercising religious practices, The FC forbids any act which may lead to public disorder, affect public health or public morality. Case: (Halimatussaadiah v Public Service Commission, Malaysia, Anor [1992] ? Art 12 – subject to Art 152 : national language and Art 153 : bumiputra quotas. Case: Merdeka University v Govt of M’sia [1982] ? Art 13 – subject to acquisition by the govt. ut entitled to receive fair & reasonab le compensation. Case: K’jaan Negeri Johor & Anor v Adong bin Kuwau & Ors [1998] ? Amendment of the Federal Constitution ? All institutions created by the Federal Constitution and deriving their powers from it are subject to the provisions in Federal Constitution . ? The provisions that are written in the Federal Constitution can only be amended by certain methods provided for by the Federal Constitution itself. ? Article 159 provides for 4 methods by which the Federal Constitution can be amended: 1. Requiring Special Majorities 2. Requiring Consent of Conference of Ruler 3.Requiring Consent of Sabah & Sarawak 4. Not requiring Special Majorities DIVISIONS/CLASSIFICATIONS OF LAW ? Legal rules can be divided up in many different ways. ? Not all legal rules are of the same type ? They show differences in purpose, in origin and form, in the consequences when the rules are breached and in matters of procedure, remedies and enforcement. EXAMPLES OF DIVISION OF LEGAL RULES ? 1. stat ute v common/case law ? 2. criminal law v civil law ? 3. national law v international law ? 4. public law v private law Criminal law v civil law ? Criminal law means the law relating to crime. Civil law means the law not relating to crime. ? The difference relies in the nature of the proceedings and the sanctions that may follow DIFFERENCES BETWEEN A CRIME AND A CIVIL WRONG CRIME ? 1. A crime is a public CIVIL WRONG ? 1. A civil wrong is an wrong. It constitutes breaches and violations of public rights and duties due to the community as a whole. infringement of a private civil right which belongs to an individual. ? 2. A crime is prosecuted by ? 2. A civil wrong is filed by the public prosecutor on behalf of the government; criminal charges cannot be filed by an individual.An act is a crime if the sanction is enforced at the discretion of the state using a criminal procedure. the damaged or wronged individual. An act is a civil wrong if the sanction is enforced at the discretion of the party whose right has been violated, using a civil procedure. ? 3. If the outcome of the ? 3. Civil wrongs are usually procedure is punishment in the form of sentencing after a finding of guilt, then the act or wrong is a crime. Crimes are punishable by imprisonment, fines or capital punishment. resolved through awarding monetary damages to the wronged individual.If the outcome is a judgment for damages, compensation, restitution, declaration of rights, order of specific performance, a prerogative order, etc. , then the act or wrong is a civil wrong. ? 4. The punishment for ? 4. There is no set limit on crimes has already been set down in rule and punishment is generally decided by the type of crime that was committed, the seriousness of the offence and, in some instances, the history of the offender. the amount one found guilty of a civil wrong can be made to pay. PUBLIC LAW V PRIVATE LAW ? Public law is concerned with the distribution nd exercise of power by the state and the legal relations between the state and the individual. ? For example, the rules governing the powers and duties of local authorities, the regulation of building standards, the issuing of passports, the compulsory purchase of land to build motorway all fall within the ambit of public law. ? Private law is concerned with the legal relationships between individuals such as the liability of employers towards their employees for injuries sustained at work, consumer’s rights against shopkeepers and manufacturers over faulty goods or owners’ rights to prevent others walking across their land.

CONSTITUTIONAL POSITION PAPER essays

CONSTITUTIONAL POSITION PAPER essays At the heart of this argument, the issue is weather or not the founding fathers were thinking of themselves, or of others when the constitution was written. That is basically what it comes down to when the problem is watered down. John Roche, the one who believes that the founding fathers were incredible democratic reformers says yes, whiles Alfred Young says now and believes that the founding fathers were nothing more than a group of elite merchants, lawyers, and slave holders that were forced into creating a fair document that could be used by all. I personally believe that both of them make good points but I believe that I am inclined to lean to John Roches side. For if the founding fathers were forced into creating something fair that they personally could prosper for, then they would not have had to go to such great extents to create the constitution. I agree with John Roche on several parts, including that the founding fathers were the most superb reformers of their time. Not only that, they were committed to working for and within a democratic framework. For if these men were not committed to working for the people, they would not have stood out like they did during the revolutionary war. If you look at any bit of the time during and before the war, when the British were passing all of those impossibly unfair laws against the colonists to extort them, you will see nearly all of the names that signed the constitution, and the Declaration of Independence, stand out constantly. My second point, yes, Alfred Young is right and the founding fathers were generally a part of an Elite group of well-educated lawyers, and merchants. But let us face it, would you want dumb common farmers writing a constitution that would be shaping a nation? These men were rich, yes, but they were also selfless. They were risking their fortunes during the war to fight for equality. Were they just looking to profit for themselves, they mainly wo...

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W3Qop - Essay Example t. c. The sites are applied by companies to promote sales through the internet. The people who visit these sites can create their profile, which allows them to display their interests and thoughts regarding various issues. Companies utilize the opportunity to identify consumer’s views regarding their products. They use the sites to promote brand awareness especially when a new brand is launched. Consumer confidence is increased when they interact through these sites. They get to know how the views of other consumers and also their questions can be addressed in unison (Hackler & Saxton, 2007). Social networks can be used to boost business especially when the marketing campaigns are designed to match the business objectives. The advertisements target specific market segments ensuring that their needs are met. The sites are significant in meeting the needs of a wide customer base especially due to the fact that the use of internet is growing rapidly globally. Consumers are allowed to interact in online forums wherever they are, and they create a large audience for the marketers. The swiftness through which information is passed to all consumers is significant in making quick sales than the conventional forms of marketing. Moreover, the marketers have an opportunity to demonstrate to the consumers through video clips or demos. The sites are flexible and the marketers can change the content fast to suit consumer demands. Value addition can be accomplished through allowing the consumers to vote for their interests to be integrated in the product. In essence, the social network s have helped businesses to make a major milestone in promoting their products (Turban et al. 2008). Â   Managers do not like problems especially due to the time they consume making it difficult to accomplish good plans. Problems generate uncertainties in business and they always seem imminent. When managers identify problems, they ensure that they are

Business Excellence Following The Example of Dell Inc Essay

Business Excellence Following The Example of Dell Inc - Essay Example After successfully doing business in the global markets for almost a decade, Dell began facing challenges in terms of competition, rapidly losing its market share and witnessing a reduction in its customer bases (Paul & et. al., 2007). Furthermore, the company was losing its market share in all the segments, namely, desktops, servers and notebooks during the same year to its major competitors. Notably, the major factors that led to the declining market share of Dell from all segments can be identified as the company’s emphasis on its traditional business model lacking in terms of innovation and transformation. Due to the company’s resistance to change in the global competitive market, other players in this industry such as HP and Lenovo emerged as the new leaders. They focussed on the emerging markets and segments such as Laptops, whereas Dell with a market share of 4.2% ranked eighth among other manufacturers (Paul & et. al., 2007). In today’s modern era, the processor rather the conception of change is attributed to the only continuous and inevitable phenomenon of the business world. Due to the incessant changes occurring in the external business environment, businesses are becoming increasingly swayed to implement strategic changes in their business processes. It is in this context that due to the ongoing changes in the global business environment, business entities are forced to alter their operational vision, goals and methodologies too often causing the risk of unplanned and chaotic changes in the working process which in turn are quite likely to give rise to perplexity within the human resources and thus lead towards a greater disruption in the overall operational functions of the organisation.