Saturday, October 5, 2019

Archaeology Essay Example | Topics and Well Written Essays - 1000 words

Archaeology - Essay Example In order to witness the past culture of a particular society, especially its material culture, archaeological evidences are considered as one of the most significant elements. Archaeological evidence includes artifacts, architecture, biofacts, and cultural landscapes that are the archaeological records of the society. However, the definition of the term ‘culture’ is not free of ambiguity. It has a unique nature of contradictory features. On one hand, culture is a dynamic phenomenon in the sense that it keeps moving and changing through decades and centuries. On the other hand, culture stands tall as a strong static element for societies witnessing various changes through ages. That is to say, the culture of a particular society constructs its own unique identity through ages by being its common image of consistence. This ambiguous nature of culture plays an important role in depicting the cultural lifespan of a society. In the context of archaeological culture, the dynam ic as well as static (or unique) nature of culture can be greatly influenced by cultural interaction of different societies. This paper briefly addresses the role of archaeological evidence with regard to describing the cultural life of past human societies. ... That is to say, a holistic approach concept of culture is essentially required to understand and explain cultural relations in a society. Further, the concept of culture is also associated closely with that of identity, both of an individual as well as the collective identity of a society. A commonly defined relationship of culture, ethnicity and individual relates to the broader understanding and conceptualization of ‘identity’. In the context of archaeological culture study, it involves empirical speculation of all such identities. One of the significant aspects to address while speculating identities is the issue of cultural contact or acculturation or cultural fusion. A historically evident and remarkable element of this culture contact is colonialism the presence of which is inevitable in the study of archaeological culture. Colonialism is considered as one of the most significant causes as well as consequences of cultural contact between cities, states and empires. Archaeology has a special role to play in the study and colonialism, and vice versa. While talking about the varieties of colonialism and their similarities (Gosden, 2004, p. 22), he argues that modern colonialism strikingly differs from the ancient times in the context that the previous includes particular features like â€Å"the creation of fixed orders of racial and cultural difference which were not found in the same manner amongst the Romans or the Greeks for instance.† Further, the result of colonialism has been remarkable: it â€Å"created new worlds through the meeting, clash and sometimes merger of varying values.† (Gosden, 2004, p. 23) Nonetheless, ‘culture contact’ is a broader term that includes a variety of elements other than just colonialism. It

Friday, October 4, 2019

Criminal Law - Theft Case Study Example | Topics and Well Written Essays - 1500 words

Criminal Law - Theft - Case Study Example It takes into account the circumstances and consequences aimed at establishing the liability of the defendant in a criminal charge. It reasons beyond the mental elements to other facts surrounding the commission of the offence charged. CONDUCT CRIME: Where there are conduct crimes, the actus reus in itself is a prohibited conduct. Thus, in a case of dangerous driving, harmful consequences need not be established to prove the defendant's actus reus. [1] RESULT CRIMES: It must be shown that a prohibited result is caused by the conduct of the defendant. In a criminal damage for instance, the actus reus will be that another person's property has been destroyed and or damaged. [2] It is pertinent to state that the conduct of the accused person should be free willed or voluntary in order to incur liability. Acts may sometimes be involuntary. They may result from a wide variety of reasons such as: REFLEX ACTIONS: These are situations where people react to things spontaneously. It can be viewed as a form of automatism but with some dissimilarity. A classical example is illustrated in the case of HILL v. BAXTER [3] where a driver was stung by bees while on steering driving and he lost control of the car. AUTOMATISM: This occurs where the defendant performs an act but is unaware of what he or she doing. It is also the case where due to some external factors; such defendant is not in control of his or her actions. R v. QUICK [4] CAUSATION: At instances where the ascertainment of actus reus requires that certain consequences occur, the prosecution must prove that the defendants conduct actually resulted in the occurrence of those consequences.Thus in a charge of murder, the prosecution must prove that the victim died .[5] It must be established that the victim suffered grievous bodily harm or in a criminal damage, that the property was destroyed or damaged. TWO TYPES OF CAUSATION: 1 Causation of facts which makes use of the "But For" test .R v. WHITE [6] 2 Causation in law for which the defendant's act must be( for example in homicide cases), the "operating and substantial cause of death" R v. SMITH [7] 3 [1958] 1 All ER 193 4. [1973] 3 All ER 347 5 S.18 Offences against the Person Act, 1861 6 [1910] 2 KB 124 7 [1959] 2 All ER 193 MENS REA Mens rea is used to establish criminal liability. The standard common law test is usually expressed with the maxim actus non facit reum mens sit rea, which means that an act will not make a person guilty unless the mind is also guilty. There must be an actus reus accompanied by mens rea to constitute the crime for which the defendant is charged. The exception here is strict liability crimes. Mens rea can be classified into three sub - heads namely; INTENTION - Here the defendant is shown to have foreseen the consequences of his action. RECKLESSNESS - Has been developed in the case of R v. CUNNINGHAM [1957] 2 AER 412. Where recklessness, was said to be requiring a subjective other than objective test. Malice in statutory definition of crime must be considered to require either: (i) The actual intention to inflict a particular harm that was done;

Thursday, October 3, 2019

The opening of a novel Essay Example for Free

The opening of a novel Essay Charles Dickens was a 19th century writer who is renowned for his fantastically written novels and his knack for story-telling. Originally a journalist, he wrote for the Victorian magazine All the year round which captivated its readers who would purchase it every week just for the next addition to one of Dickens novels. An enthusiastic social campaigner, Charles Dickens liked to explore and challenge the ways of Victorian society and culture in his novels, rarely basing his stories in past times in this way he was like a soap writer of his time. His writing appealed to anyone and everyone who had the ability to read, especially those who were working class as his characters were like them, and could be related to. His novels also allowed audiences of this type to indulge and fantasise in his stories, Dickens took his readers to a place where they could escape, and experience the adventures that his characters did, and this is perhaps why he was so popular. One particular novel that he started in 1860 was called Great expectations a tale about a boy named Pip; in this novel Dickens explores the social barriers of Victorian society. In the Victorian era life was hard, a large percentage of the population were working class people who were considered bottom of the social hierarchy. These people had to work for a living, and as they usually were poorly educated which meant any form of work they endured was laborious and caused both physical and mental strain on them. There was little pay and unfortunately this way of life was a continuous cycle, few rarely breaking free of the social barriers that condemned them to a life of continuous strenuous physical endurance. Those who were born into a family like this often took on the role of their parents, boys would inherit their fathers job and girls would be married off to other families, their life mainly consisting of housework, reproducing and attending to their husbands needs. This was all because of the lack of money. Without a large amount of money coming in from somewhere, educating children was simply unaffordable, and therefore they had no hope of getting a job that would have a much larger pay and wouldnt consist of any hard labour. It is made clear to us that Pip is a child born into a working class family as Dickens explains that most of Pips siblings died in early childhood: five little brothers of mine who gave up trying to get a living, exceedingly early in that universal struggle. This would not have happened if Pips family had the money to cater for their health. In universal struggle Dickens refers to life indicating that life at that time was hard, and reinforcing the points I made earlier. The novel starts with Dickens having Pip tell us that his mother and father are dead, and that he couldnt remember either of them and never knew what they looked like in the form of the words I never saw my father or my mother, and never saw any likeness of either of them. Pip also tells us their days were long before the days of photographs, referring to the historical context and telling the readers that it is set in Victorian times, or rather, when it was written, in the present. The fact that Pips parents and most of his siblings are dead creates an image that Pip is a very lonely little boy, and makes us feel sorry for him. After explaining that most of Pips family are dead, Dickens aquatints us with the current setting marshland, 20 miles from the sea. Dickens says a raw afternoon towards evening which indicates that it is growing darker, and with no-one about this puts Pip in a very vulnerable position. Dickens then goes on to describe the setting in a way that would be frightening, especially to a child, if you were alone in such a place. He uses phrases like bleak place overgrown with nettles, dark flat wilderness and distant savage lair from which the wind was rushing and one would usually associate features like these with fear. Dickens also tells us of Pips realisation that he is alone, at such a time I found out for certain that Phillip Pirrip and also Georgina wife of the above were dead and buried and that his parents arent with him, they were six feet under. He was alone and unprotected. Dickens says all of this in a very long sentence, which would build up tension and the impression that Pip was in a very frightening place. The most effective part of doing this is the way Dickens ends the sentence and that the small bundle of shivers going afraid of it all and beginning to cry, was Pip hed built up this terrifying image of a setting and then in the middle of it all was a frightened little boy who was completely alone and vulnerable a brilliant use of juxtaposition.

Legal and Ethical Considerations

Legal and Ethical Considerations Legal and Ethical Considerations Formulae is looking into setting up operations and extending our business to both Guatemala and Mexico. Now, the success of these expansion projects is going to be built upon many factors, and among them legal and ethical conduct will be of the utmost importance. Both Guatemala, and Mexico have in common many culturally based legal and ethical rules. However they also have differences, and of course they not only separate each other, but also the fact that we are coming from a completely American perspective in our approach as it exists today will make the integration of local laws, and regulations a vital part of our operations in those regions and help us to better equip our people with guidelines for doing business without risking lawsuits for improper conduct. Such lawsuits would reflect badly on our organization throughout the world and could lead to individual incarcerations abroad. The old adage â€Å"dont do anything that you wouldnt be proud to tell your mother about† is a good one to keep in mind, but it simply wont be enough to guide you when dealing with foreign legal and cultural differences. The ethical side of this does not just end with the legal considerations. Mexico and Guatemala have very different ways of conducting business and day to day affairs in general. Observing the cultural norms for doing business as much as possible will make for a more attractive and comfortable environment for locally hired employees. Things like work hours, pay dates, holidays, etc should be tailored to that which is locally customary or interlaced with the currently used policies regarding those areas. It would be unrealistic and rude even to just go into these markets and try to run things as though we were still in our home country. Corruption in its many forms is a legal problem which is so well recognized that it has created a business environment in many countries that necessitated the creation and institution of the Foreign Corrupt Practices Act. The FCPA can impose penalties upon United States businesses who are engaging in prohibited activities. Many places in the world regularly employ bribes to facilitate business transactions. Much of Central America is known for this and thus doing business in both Mexico and Guatemala makes it necessary for us to become familiar with its provisions and assure that we are not in violation. The Foreign Corrupt Practices Act is broken down into three basic sections as follows (Stimmel, Stimmel Smith, P.C., 2004): The worldwide business activities of U.S. corporations must be free from paying bribes directly to foreign officials. Also, they may not offer or promise to pay, or authorize a bribe. This includes presenting of any gifts of value to foreign officials to secure or retain business or obtain an immoral accommodation. The FCPA explicitly prohibits offering business opportunities, extravagant recreation, excessive activities to promote business and covering or reimbursing expenses of officials. Charitable, political, or similar contributions are also prohibited. According to the FCPA a foreign official can be any government employee. Also included are the officers, directors, and employees of government-owned companies. Persons not considered public servants locally may be considered an official by the DOJ as well. Gifts or payments may not be made to employees of companies in which the government has any ownership. In addition to the aforementioned, the giving of gifts to a candidates for government office, officials of a political party, or the political party itself in order to obtain or retain business or to obtain an immoral accommodation. Both the Justice Department and the SEC have applied the FCPA to cover payments or gifts to members of the family of a government or party official, as well as charitable contributions. Books and records provisions, which apply to U.S. or foreign-based companies whose stock is publicly-traded in the United States, require that all companies in a controlled group or which are related entities which form part of the corporate group, maintain accurate accounting records coupled with an organizational methodology for internal controls over the companys assets. One provision of the FCPA that allows U.S. companies, U.S. citizens, and residents of the United States to be held liable for improper payments made by non-employee third parties, even payments of which they may be unaware can be a major source of risk. For example, if a U.S. company were to hire a local consultant in another country, and that person or partner were to make an improper payment or contribute part of his compensation with a government official of that country, the U.S. company that entered into the relationship with the agent could be held accountable for the actions of the hired consultant. Similarly, if a partner acted as an agent for the U.S. company, took any action to advance payment while in the United States, the FCPA would petition the partner, in addition to addressing of the U.S. company. Penalties for violating the FCPA can include imprisonment and fines. The base fine of $2,000,000.00 may be imposed for every violation. Individuals may be fined $100,000.00 per violation and imprisonment for up to five years. Employers are not allowed to pay the fines due for their employee. Violations may be cause for barring one from business actions with the Federal government, and securities. Ineligibility to receive export licenses may also result. In order to simplify matters a Foreign Corrupt Practices Act Opinion Procedure allowing for U.S. companies or nationals to request a statement of current Justice Department enforcement intentions under the antibribery provisions of the FCPA regarding proposed business conduct (Foreign Corrupt Practices Act Antibribery Provisions, 2010). Actions for which the Department of Justice has issued an opinion confirming conformity to current policy will be entitled to a presumption, in any subsequent enforcement action. Copies are released of previous opinions can be found on the Department of Justices FCPA web site. To restate from above, observing local laws and being ethically sensitive we can keep ourselves and the company from costly legal troubles. Also, it is indeed only good manners to do so and will help buoy our position in the international community. More markets will be open to doing business with us and allowing us to do business in their backyard. Always be mindful of the FCPA and know that it can and will be enforced as it has been in the past on occasions when payments to officials of public international organizations such as the United Nations and the World Bank were made in violation. These cases can and should be researched for reference as well. Last, I would like to stress the importance of appointing a subject matter expert or experts preferably from the legal and or HR department who can educate all employees and in so doing keep the risks of inadvertent violations to a minimum. References Foreign Corrupt Practices Act Antibribery Provisions. (2010). Retrieved February 23, 2010, from UNited States Department of Justice: http://www.justice.gov/criminal/fraud/docs/dojdocb.html Stimmel, Stimmel Smith, P.C. (2004). The Federal Corrupt Practices Act: The Basics. Retrieved February 23, 2010, from Law Offices of Stimmel, Stimmel Smith A Professional Corporation: http://www.stimmel-law.com/articles/federal_corrupt_practices_act.html

Wednesday, October 2, 2019

The Vile Bodies Essay example -- Literary Analysis, Evelyn Waugh

The postwar England of the twenties and thirties was the setting of Evelyn Waugh’s first satirical novels, among which was the Vile Bodies. Waugh, an author mostly known for his highly satirical fiction, published his novel Vile Bodies in 1930 right in the middle of the time-period between the Great Wars. Because of the historical evens that occupied England at that time, much of British Literature of the late 1920’s and early 1930’s was concerned with the Modernist movement, which was occupied with the idea of individualism of the young generation. Through the use of prominent and yet highly satirical characters, Waugh strives to criticize his Modernist generation for its unsuccessful movement into Modernism, both on the individual and political/institutional level. He does so by defining his type-characters as ignorant, self-centered and hypocritical in their disastrous movement toward individualism. Through the use of satire, the issues presented by Waugh in Vile Bodies become greatly influenced by the time period in which the novel was written. Great Britain, in the late 1920’s and early 1930’s, was placed on the time line between the Great Wars. Thus, the novel’s placement in the history shifts its focus not only toward the emergence of the World War II but also on the depressed postwar economy of Britain at the time. Some of the most prominent ideas evolving during this period of time were embracive of the idea of change in areas such as religion, science, art, social rules, literature and economic and political conditions—changes that most often led to a feeling of â€Å"loss of community† (Wellman, 327). Because of the nature and the ongoing changes during this period the idea of modernism also played a major role in Britis... ...the importance placed on individualism. For, although he †blinkingly accepts whatever outrageous turn of fortune [he] may encounter† (Twayne, 43) he is still the only character that displays a feeling on emptiness and disillusionment about the constant search of amusement that is seen in all the other characters. Adam questions the generation’s way of living â€Å"do you ever feel that things simply can’t go on much longer† and states that he would â€Å"give anything in the world for something different† (Waugh, 273). Furthermore, he even goes as far as criticizing the never-ending parties and games as â€Å"succession and repetition of massed humanity†¦ those vile bodies†¦Ã¢â‚¬  (Waugh, 171). Although Adam seems to have glimpses of understanding the destruction that this generation is causing, nonetheless, he feels stuck in the vicious cycle that is created by this lifestyle.

Tuesday, October 1, 2019

Vietnam: A History :: essays research papers

Vietnam: A History by Stanley Karnow   Ã‚  Ã‚  Ã‚  Ã‚  The Vietnam War, to me, is the most interesting war in American history. As someone once said, it is like a â€Å"shroud of a mystery, wrapped inside an enigma.† Before reading this book I had a general knowledge of the war. I knew about the communist insurgents, the Gulf of Tonkin, Saigon and Ho Chi Mihn. I knew about Presidents Johnson and Nixon, posttraumatic stress disorder and demonstrations. What I did not fully understand was why. Why were the North Vietnamese so resilient? Why did the US make such poor judgment? Why were we really there? What was Vietnam’s history prior to our arrival?   Ã‚  Ã‚  Ã‚  Ã‚  Ã¢â‚¬Å"History is an organic process, a continuity of related events, inexorable yet not inevitable.† (pg 11) The roots of America’s involvement in Vietnam were nurtured by what Professor Daniel Bell has called America’s concept of its own â€Å"exceptionalism.† George Berkeley, an Anglican bishop and philosopher stated in 1726 as he departed from England to America, â€Å"Westward the course of empire.† The phrase, ‘manifest destiny,’ was coined in 1845 to promote the annexation of Texas, originally, and to extend America to its natural boundaries. Promoters of the Homestead Act sought to open new territory for small farmers.   Ã‚  Ã‚  Ã‚  Ã‚  Idealists such as Walt Whitman intended to project America’s â€Å"happiness and liberty† to the ancient cultures of Asia, â€Å"facing west from California’s shores, inquiring, tireless, seeking what is yet unfound†¦the land of migrations, look afar†¦Ã¢â‚¬  Around the turn of the century, America did grab Hawaii, Guam, Puerto Rico, Cuba, and the Philippines, but it seemed that America kept a hands off approach with Asia, which the Europeans already had their hands on. There was little inclination for America to dominate foreign territories, since Americans were former British Colonial rebels. So Cuba was granted independence, and bids by Haiti and San Domingo to become American dominions were rejected. America, unlike Europe, refrained from plundering China, however, the ‘pacification’ program in the Philippines foreshadowed US strategy in Vietnam. America’s expansionism was almost evangelical, â€Å"as if the United States had been singled out by some divinity for the salvation of the planet.† (pg13) After World War II, FDR stressed that international post-war peace and stability would depend on America’s global leadership, and Woodrow Wilson pledged to â€Å"make the world safe for democracy.† Meanwhile, American missionaries began pouring into China. Many prominent Americans envisioned a Christian China with crosses on every hill and valley.

‘Fish!’

FISH! -Stephen Lundin, Harry Paul, Jon Christensen ‘There is always a choice about the way you do your work, even if there is not a choice about the work itself’ A very powerful statement. As a person with a work experience of a couple of years this sentence would have changed the way i approached my work and things related to me. That’s why this book connected with me from the very beginning.The story of the book revolves around the story of Mary Jane Ramirez and her workplace and how an accidental visit to a ‘Fish Market’ changed the way an entire department at an office as well she changed their style of working at work and improved relationships at home. As in the book the main character Mary – a person good at heart & mother of 2 children – after the death of her husband lives a life wherein she is bothered more about the job security rather than being firm and taking risks. With her transfer as a head of Operations department, a dr eaded department in every sense for being unresponsive, unpleasant, negative.In fact it is referred to as toxin energy dump. She feels the need to bring about a change in the department for its revival. A visit to a Fish Market and in particular a store named popularly known as the Pike Place Fish Market where she sees that the workers selling Fish enjoy the work they do & have a lot of fun doing so and also play along the way and involve people around in their activities. Herein the character of Lonnie comes into picture. He is worker at the store and enjoys his job. At this point Lonnie explains Mary the reason for the ‘energy’ visible at the place. He says that there are 4 ingredients that make this place run.He tells her only 1 principle followed and that of ‘Choose Your Attitude’. Mary impressed with the advice sought more data from her boss Bill (a person she did not have friendly relationship) and got a few insights from David Whyte’s poem whi ch changed her for the better. She knew it was time for change. She went through even more materials like that by John Gardener and Sarah Ban Breathnach’s Simple Abundance. At the end of it she knew that had to be the leader who believed in herself and bring about the change. The very concept of ‘Choose Your Attitude’ was applied by her to her own thinking and then explained to her staff.The staff agreed about the problems of the department and gave reasons for their behavior. But she had shown them a way of revival. The staff too felt the need for the change and found a leader who actually cared for them. They decided to take it in a positive way and the result was seen in the elevator where a poster of Choose Your Attitude was put up. The change had begun. With added confidence Mary along with her kids Brad and Stacy visited the market again when they learned the second ingredient of ‘Play’. A value which was displayed by a kid, which adults need t o learn enjoy their work.This taught that a lot can be learned from kids. Having fun doesn’t take the seriousness out of the business but one enjoys what one does and achieves targets. The third ingredient in creating a high-energy world famous market was ‘Make Their Day’. It was showcased by a co-worker at the store named Wolf giving the trio a fish each and was also seen when people were involved in their daily activities of the shop. The people enjoyed being a part of it to the fullest. That indeed made their day and made them happier. Also focusing ones attention on ways to make another person’s day provided a constant flow of positive feelings.The fourth ingredient ‘Be Present’ by displayed by the workers in the way they interacted with the customers and remained attentive and interested in answering the queries of their clients. Mary decided to take her staff for the field trip and made them have a firsthand experience of the fish market and her entire staff was inspired and they were given time to think about their learning and think about the ways to implement it at workplace. The fact that a few of the staff members actually visited the fish market showed that they were influenced by the idea. They took their families along with them and they enjoyed the time spent.With most of the employees inspired by process it was decided to create teams based on each of the 4 ingredients and they were given all needed the required support by Mary. Each of the teams presented their reports on each of the topics. Each team drafted their topic by enlisting what all would be the benefits of Play and how these could be implemented in the Office. The team Play made the members take part in a game in which circles cut from coloured paper and people stepped on them along with the music. The benefits and implementation was shown through this.The make their day team divided the entire group into various teams. Each team was given fif teen minutes to develop strategies for supporting and enhancing the work of a key group of people. A customer survey was used as input data for the same, which took many of them by shock. The winning team which gave the best suggestion was given symbolic mementos. Next The Present Moment Team which made the employees to relax and had inspired reading took place in the entire hall. Also a number of experiences of individual employees were shared. The team decided to resolve on a few changes for better functioning.Finally The Choose Your Attitude Team made a presentation which was brief and to the point. They decided to distribute books which would inspire individuals and have discussions on them. The strategy got implemented throughout the next year. Mary on her part too decided against quitting her job as she was confident of bringing about a change to the department and in its people. Exactly a year later the situation had changed and the department was one of the most sought after places in the company. Mary was awarded with the Chairwoman’s Award for her work. The icing on the cake was the finding of a life partner in Lonnie.The character played of Mary is a person who has lost a few qualities along the way due to family circumstances. She rises from it and makes the workplace better for her as well as other employees present. She experiences change first hand with the relationship between her boss and also her employees. Lonnie’s character is also central to the passage. He explained Mary the various aspects of the 4 ingredients so that she could implement it at her workplace. The book has a message in each and every incidence. The frustration with jobs is experienced by all. The principles which have been mentioned have truly enriched me.The principles of ‘Choose Your Attitude’,’ Play’, ‘Make Their Day’, ‘Be Present’ are something which i will like to apply in my daily activities in office as well as college. The approach of not quitting a job in which one is unhappy but making it a better place for oneself and the people around in utmost essential. The issues mentioned are experienced by each one of us including me and the 4 ingredients provide the key to success. Along with that the resolution of Mary Jane to bring up her kids is commendable. It teaches not to give up irrespective of any calamity and keep striving to achieve ones goals.Even in my daily life I get sadden by events but the book has taught me to cheer myself up and try to change certain bad tendencies in me to avoid repeat of events. It has taught me to think about others, about their well being. It has taught me to care for others. The principle of including people around you in activities enriches the activity as a whole and also creates a bond between individuals. The book on the whole was an excellent learning experience on how through simple steps one can bring about a great deal of change in one ’s personal as well as professional life.