Foreign Policy in Bangladesh

Bangladesh has a master guideline for foreign policy from its constitution â€Å"friendship with all and malice towards none†. Foreign policy of Bangladesh is one of few sectors that has ever been unreformed since the birth of the nation. Bangladesh is obviously a prospective country of its unique position. In view of achieving its prospects, Bangladesh needs significant changes in foreign policy sector. The more the time goes ahead, the more the world becomes interdependent. In this age of globalization, no nation can stay in isolation.All states, therefore, participate in the interplay of the international politics with the specific foreign policies to achieve the goals of the national interests. Therefore the purpose-oriented foreign policy matters for Bangladesh to get prosperity. The very fundamental directions of the constitution of Bangladesh should remain the roots of foreign policy of Bangladesh. So I recommend the goals of foreign policy of Bangladesh in the name of 4Ps: Protection, Progress, Promotion and Peace.From the theoretical perspectives in case of suggested four Ps for Bangladesh foreign policy, realism would theorize the first P-protection; Open Market Economy based on global capitalism theorizes the second P-progress and Nationalism (Bangladeshi) would theorize the third P-promotion. Based on these four Ps, the following foreign policies are recommended as core policies for Bangladesh to march its unique prospective positions in the world and also the today’s world affairs.Under the first P-protection, the main policy would be to protect the sovereignty of the state from all kinds of threats from any sources including next door nations, any state, international corporations/organizations. Overall, Bangladesh should remain as Zero Tolerance Policy dealing with all sorts of threats to its sovereignty of state, citizens and assets. In this regards, foreign policy would work to establish a strong military and intelligence base of Bangladesh in the region.Under the second P-Progress, the main policy would be to gain economic boom out of liberalized and globalized world trade policies. The international trade has been shifting from the Atlantic to the pacific, which make the idea of Asia/Pacific century ever more feasible. Foreign policies of Bangladesh would be to secure the relative frontier roles in the Asian politics. Under the third P- Promotion, the main policy would be to promote Bangladesh as a whole positively in the world so that the citizens of the world can learn and understand the integrity of Bangladesh.Foreign policy would be to create a good image of Bangladesh to the rest of the world by promoting the achievements of the nation and also of the individual citizens like Bangladesh secured its independence by a great war of around nine-month long, Bangladesh is the only country in the world that fought for its language Bengali, Bangladesh is the country that invented the oral saline to cure milli ons of children worldwide, Bangladesh is one of the nations to achieve major parts of MDGs within the timeframe, Bangladesh is the home of microcredit which has been working as an effective tools of alleviating global poverty.Under the forth P-Peace, the main foreign policy would be to introduce Bangladesh as â€Å"Peace Broker† nation practically in the world. Bangladesh itself would be a fond of peaceful coexistence in the region nay in the world as per matched with other Ps of national interests. These four Ps are also inter-related. After all, foreign policy would secure the position of Bangladesh as â€Å"essential† in the regional and international forums both politically and economically.

Leadership on The Line Essay

Recognizing the evolving definition and requirements of leadership, Heifetz Ronald and Linsky (2002) highlight the need for leaders to consider the skills and perspective to ensure their effectiveness. Leadership, as illustrated in Leadership on The Line–Staying alive through the Dangers of Leading? requires not only the accomplishment of goals but also the ability to respond effectively to the human realities of working in an organization. The books three parts provide steps in recognizing leadership challenges, developing responses and interventions and what competencies leaders must develop professionally and personally. Marginalization, diversion, attack and seduction are identified as the main sources of resistance to leaders. At the same time, the authors also pay particular attention to the dangers within the leadership characterized as hunger for power and control and the difficulties in self-monitoring. The authors want to communicate to readers that there is a need for leaders to purse the development of their leadership skills. Despite the use of figurative characterizations in the book, the authors are practical and pragmatic in their discussion. The examples given, particularly in the Response section of the book is based on real life examples. Examples which the readers can easily relate directly to or parallel to their own experience. The authors point out that the sources of resistance are natural to any leadership scenario and therefore can not be fully stopped and in fact, can also be safeguard against ineffective leadership However, they have to control through resistance-response skills which in turn allows leaders to function as they are needed. Critique There is no doubt that leadership is a difficult challenge. Thus, there has been no limitation of the number of literature that aim to develop strategies and competencies for it. Unlike most literature in its genre that focuses on the development of attributes for effective leadership to become a leader, Ronald and Linsky discuss the development of leadership when one already holds office. The authors aim to provide a literature or guide to leaders who are already experiencing challenges in their roles due to a change in working scenarios or relationships. From the perspective of Heifetz and Linsky, what has become more critical for leaders to day has been the ability to go beyond their functions and respond to other people and at the same time eliciting a response from them. Thus, beyond achieving goals set members, of the organization must understand why these goals are being pursued, that â€Å"people need to know that the stakes are worth it† (p. 94). At the same time, Heifetz and Linsky state that before any action can be take to address threats to effective leadership, leaders must be able to understand the â€Å"heart† of the issues before recognizing the actions, indications or â€Å"faces† determining the threats. The main message of the book is the need for leaders not just to be competent, sensitive or responsive. They also must understand the their motivations for being so, the perspectives that can be taken, the methods that can be most effective and the implications of any perspective, opinion or action to be taken. Empathizing with the natural isolation of being the top man of an organization: there should be an acceptance that there will be member of the organization who would â€Å"undermine the clarity of his vision, delay his progress, and divert him from his core purposes† (p. 76). Thus, leaders while being advocated to be sensitive to their organization have to balance this with their resolve to accomplish organization goals. Leaders should be then prepared to be questioned, doubted and even maligned for their decisions. Heifetz and Linsky reflect that leaders often view these are criticisms to their professional and personal capacity but they should also understand that these reactions, even when they are deliberate and malicious, occur as part of the dynamics leading and organizations. Reading the book, one of the most unique ideas that Heifetz and Linsky present, absent from most of the leadership literature that I have read, is the concept of pain and leadership. The authors’ views are ones that one can easily agree and even commiserate to. The recognition of the fact that effective leadership has its pains and not just costs, both to the leader and the organization, is a perspective that makes the work effective and truly emphatic to the challenges of leadership. The view that leadership challenges, or resistance, is an ever present element in any organization does not discourage readers but actually motivates them to deal with them rather than trying to circumvent them. However, it should also be recognized that some of the examples or ideas presented may require significant experience to be understood comprehensively. This is a particular challenge in the last section of the book where the authors delineate the introspective requirements for leaders. Nonetheless, the book provides critical insights to the realities of leadership and not just what it should be. More importantly, it is effective in motivating readers view leadership as continuing process of development and that there is a need to actively pursue effectiveness. Reference Heifetz, Ronald A. and Linsky, Marty (2002). Leadership on The Line–Staying alive through the Dangers of Leading, 1st Edition. Boston: Harvard Business School Press.

Born free generation

?It is not for nothing that the born free youth in 2013 has been named the â€Å"me generation†. Today’s people growing up are materialistic, self indulged and obsessed with themselves. This essay will explore that 19 years after the first the first democratic elections in South Africa, the young people of today are little different from their counterparts else where in the world. My argument will show that this is somewhat ironic because politically inspired school pupils were the catalysts for one of the most important resistances against the apartheid government. In 1976 the National Party attempted to modify the education act and insist that Afrikaans be the medium of instruction for Bantu education. On the 16th of June politicised and angry young teenagers poured into the streets of Soweto equipped with suitcases and stones. They confronted heavily armed policemen and the might of the South African military with the determination to express their outrage at yet another political injustice. Hector Peterson lost his life on this day and his limp body became emblematic of a politicised youth determined to make South Africa a democratic country. When President’s Kennedy, Nixon and Johnson involved the United States of America in a war across the globe, to minimise the influence of communism, young people in America took to the streets and protested vigorously across the land. Indeed, this event characterised popular culture to such an extent that protest music became a genre popular worldwide. Singers such as Bob Dylan, Joan Baez and Peter, Paul and Mary voiced the objections of the â€Å"Love Generation†. Music in fact became the medium for political resistance in South Africa as well; Johnny Klegg became the â€Å"white Zulu† and his anthropologist wrote resistance songs, which young people in South Africa promoted with much vigour and enthusiasm. Stephanie Powers too became a voice of political decent and her raspy voice with songs like â€Å"Last night when we were young† energised disco techs in which young South African’s danced the night away. However, 19 years after the demise of Apartheid, young South Africans are no longer interested in political and social protest music, in fact the pop genre has never enjoyed such wide spirit support in this country. Justin Bieber’s concert in Cape Town and Gauteng enjoyed unprecedented popularity and support. The columnist for the Sunday times exclaimed on the 14th of may that the hysterical behaviour of so many young girls was reason for great concern in fact anyone attending this concert could not have failed to be struck by one of the great ironies of one of the great â€Å"Musical bonanza† in Soweto, a bowl of poverty and deprivation. In fact, a sensitive appreciation of these ironies can be little other then down right embarrassing. However, if this were limited to one outing only, young people’s self indulgence and narcissism might be forgiven however, Johannesburg Stadium has been the host to Lady Gaga, The Red Hot Chilli Pepper and U2, in each case promoters smile at ticket sales and the amount of money made from each outing. Furthermore, it would be a little naive to believe that this is a characteristic only displayed by the youth of South Africa. Young people worldwide it would appear are pleasure seeking and selfish and are all too willing to emulate and worship celebrity culture. Charlotte Metcalfe in her article, â€Å"Where are all the role models, the real heroines we once revered† satirises adolescent hero worship of figures such as Cheryl Cole

Healthcare delivery compare and contrast Research Paper

Healthcare delivery compare and contrast - Research Paper Example outline the historical aspect of care delivery in the US for the preceding 100 years and recognize the changes in healthcare delivery that resulted from industry forces. Moreover, a comparison would be made between the past healthcare delivery methods or models and the recent ones in light of expected future changes in the research paper. Specially mentioning, one of the driving forces, which changed the overall healthcare system of the US, is the augmentation in healthcare expenditures. This extensive growth in healthcare expenses eventually restricted in offering quality care to the people belonging to the nation by a certain level. Apart from this, the other driving force, which changed the entire healthcare delivery system of the nation, is the advancements made in technology. Notably, diverse market forces are viewed to be challenging in making changes in the US healthcare segment. It is expected that the above framed driving forces would certainly make the US to realize about the significance of developing the healthcare segment, based on which effective care can be provided to the patients (Etheredge et. al., 2014). While determining the changes in healthcare delivery methods or models, it would be vital to mention that today’s healthcare is quite complex, which required to be upgraded for accomplishing intended targets. In this similar context, certain alterations particularly in healthcare delivery methods of the US have been apparently noted that resulted from diverse industry forces. These changes can be measured in the form of lessening both unnecessary as well as underutilization particularly of expensive resources, standardizing varied levels of quality of care and optimizing healthcare facilities among others (Conklin, 2002). In addition, the other changes include raising healthcare expenditures such as in terms of advancing healthcare delivery models or methods and effectively utilizing accessible resources among others. In recent times, the

Health and Happiness Democracy Essay Example | Topics and Well Written Essays - 500 words

Health and Happiness Democracy - Essay Example Studies from California to Michigan established that social connectedness is one of the most powerful determinants of well being. According to the study, frequent participation in community activities and social gathering reduces the risk of having diseases like cancer or heart attack. On the other hand, sociologist James House and his colleague stated that social connectedness also contributes to the biomedical risk factors such as cigarette smoking and obesity. Researchers are not sure why social cohesion affects the well-being of an individual but they proposed theories why social cohesion matters. First, social networks offer assistance thereby, reducing mental and physical stress. It reinforce healthy norms and able to organize politically to ensure first-rate medical services. Another researcher named Lisa Berkman speculated that social isolation is a chronically stressful condition to which the organism responds by aging faster.

How Technology is Changing the Face of Business Today 2 Assignment

How Technology is Changing the Face of Business Today 2 - Assignment Example Technology has changed the face of business, through its ability to advance communication and reduce barriers to business opportunities. Technology has provided a platform for the transmission of crucial information for consumers and business people (Simon, 2011). The storage of information on computer files and virtual spaces has increased the accessibility of information to parties involved in business transactions. Additionally, the use of technological approaches such as e-mails allows businesses to communicate with remotely located people, offices and customers. Netflix is one of the companies that rely on information systems to conduct its business. The most crucial business process that relies on information systems is internet video streaming. The business provides internet video streaming to internet connected devices. These devices have access to online content provided by the firm (Jin, 2011). In order to offer this service effectively, Netflix recognized the need to use information systems. Customers do not have to purchase video discs from rental services. They only subscribe to Netflix, which gives them the content through an online platform. Technological approaches and innovations have led to changes in how businesses are conducted. Technology provides a platform for increased accessibility of information and increased ease of transacting a business. Companies such as Netflix have harnessed the abilities of technology to offer their customers exemplary services and

Nutritional science Assignment Example | Topics and Well Written Essays - 2000 words

Nutritional science - Assignment Example However, protein intake was 7% compare to the National Reference Value (NRV) of (15-25%) means less protein could cause serious health risks. The energy intake compared to expenditure reveals that intake was less than the population benchmark. This was attributed to by the medical condition the participant had known as lap band laparoscopy had only selective type of food. Generally the study concludes that most dietary assessment methods are limited by both bioavailability and natural variations in nutrients. Dietary assessment is the processes of evaluating nutrient intake by employing appropriate methods in order to identify the type of nutrients that are either under taken or overtaken by individual or a population. The appropriate method for dietary assessment is determined by the purpose and the target individuals. However, an appropriate dietary assessment must report all foods consumed by individuals including quantification, frequency and the nutrient content of each one (1). It is also important to note that quantification is very critical in assessment of nutrient intake and physical activity levels because of the need to compare individuals’ intakes of energy, macro and micronutrients with the recommended targets such as national reference values (NRV), Recommended Daily Intake (RDI), Estimated Average Requirement (EAR) and Acceptable Daily Intake (ADI). One of the best methods for assessing nutrient intake and physical activity is the Weighed Food Records. Weighed food record is a dietary assessment method that involves an individual taking actual weights of foods and drinks prior to their consumption (2). The records also contain details of eaten foods including full description and the time of consumption. The precise weight of food eaten is gotten by subtracting the left over from the original weights before consumption to improve on accuracy. High calorie foods have been

Law 2050 Consumers and the Law Essay Example | Topics and Well Written Essays - 2000 words

Law 2050 Consumers and the Law - Essay Example Hence, today in order to protect the rights of the customers who are the consumers of the product and services, we have the consumer rights. The consumer Rights says that if a customer buys a product and is not satisfied with the quality or if it does not fit into the requirement of using the product or has a false claim, then he has the right to recourse either by getting the product repaired, replaced or a refunded depending on the concern and the degree of dissatisfaction by the customer. These rights also cover service contracts and online shopping also. The Abuzaid vs. Mother Care U.K. Ltd is a perfect example of violation of Consumer Rights. To understand the main issues of the case, a brief summary of the history describing the background is essential. The product, Cosy toes which is a sleeping bag which is primarily used for children and infants to attach the elastic straps with the push-chair, was brought by the mother of the claimant for his brother. It consisted on two ela stic straps which were supposed to be fastened around the arm chair securing the back of the person. The elastic strap (almost 7-8 inches long) had to be joined with the metal buckle. While attaching the buckle of the straps to the chair, the elastic straps slipped past the hand and the buckle had made a direct hit in his eye thereby causing a permanent injury. The accident was so serious that he had to be immediately taken to the emergency department of the hospital by ambulance. Hence, after nearly escaping to loose one’s sight a positive step to appeal for the Consumer Protection law was taken. A case was filed against Mothercare Ltd, UK under the Consumer Protection Act and the claim against damage under the Common Law of negligence on the part of the seller of the good. It was claimed that the cause of the injury was primarily because of the ‘defective’ nature of the product and the manufacturer of the producer should have been sensitive enough to foresee su ch implications causing such serious damage to the individual and hence the negligent claim was made under the Common law of negligence. The Common law of negligence states that if any individual has suffered an injury due to the negligence of another person. However, certain conditions need to be made to substantiate the clause of the Act. The ‘plaintiff’ must be able to substantiate proofs like failure to establish reasonable care, damages that has been made which is other than economic losses. Thus in order to be eligible for this claim the claimant has to provide proofs that the individual had suffered proofs that the individual had suffered personal injury or loss which was evitable as per the claim of Abouzaid ,the sufferer of the accident.. The defendant on the other hand claimed that the incident that had occurred was a sort of ‘contributory negligence’ on the part of the claimant. According to this Act the defence can retort on the claim made by th e claimant on negligence that the damage or injury was cause to the individual due to his or her own personal negligence and hence the manufacturer or the seller of the particular product could not be blamed or penalised for it. Mother care agued that the product cannot be claimed to be defective in the first instance. This is because when the particular product was made available to the customers, no such previous instances of injury had been reported. Further, at the time when the accident had occurred, in 1990, the consumers could also not expect quite understandably and

Movie Safe 1995 Essay Example | Topics and Well Written Essays - 1250 words

Movie Safe 1995 - Essay Example It is looks like that traditional medical science is not capable of healing those people, who cannot accept the environment. In the movie 'Safe', to my view, Carol White doesn't receive appropriate and adequate treatment, yet she seeks aid in a high-tech medical center. The main problem is that she is alone in her family who has not emotional relationship with her husband and her stepson. Also, using soft and dark colors and sounds cause her to go to inner darkness of illness. The nature of Carol's illness and to compare treatment methods, applies by two different directions of medicine In the movie 'Safe', Carol White (Julianne Moore) lives with her husband and stepson in a comfortable suburban home in California. Her life is completely predictable, and in spite of the fact that she has 'relationship' with her husband, she begins feeling isolated and then - drained and depressed. Mysteriously, she falls ill with weird symptoms: she experiences nose bleedings, dizziness and allergies, and doctor attributes it to stress. Having passed different tests, she understand that there is nothing physically wrong with her, but nevertheless she takes medication and changes her diet, getting of the all-fruit diet and cutting back diary products. When her condition doesn't go away, she gets a recommendation to visit psychiatrist. The problem with her mind is a reason for the illness. Carol finally understands the necessity, which requires of her to go to a place, where people who suffer from toxic allergies and those with AIDS can 'clean' themselves, and, probably, the only pla ce where she can feel safe. To my view, treatment, received at hospital, is improper and probably, only worsened the situation. Haynes's idea was to show the powerlessness of traditional medical science against new illnesses, which are called by external irritants, but destroy humans from inside. In the films, Carol combats a real ten-headed hydra, which responds to the new treatment courses with new painful fits of allergy. Carol drives her car - and endures a coughing fir; she breathes in her new perfumes -and feels lightheadedness. Aerobic classes, which pursued a goal of helping her relax, initially doomed to be unsuccessful: she has never had tension in her life, she has never had close relations, so there was no ground for either extremely positive or extremely negative emotions in her life. Thus, she cannot relax, because she never experiences stresses in pure medical meaning. Moreover, the medicaments Carol receives are irritants, as they also consist of toxins or other synthetic substances. On the cont rary, Dunning chooses a different direction and creates some kind of cult, or community with certain beliefs, values and philosophy. People living there find there attachment and new system of coordinates, in which it is possible to consider their illness and cope with related inner problems. It is possible to notice that by the end of the movie, she becomes increasingly more shattered, and probably her sickness breaks her and makes her re-evaluate the relationships which had existed in her life before she fell ill. She has a husband, bad hasn't given birth to children, because Carol 'endures' the existence of domestic plant, which should be carefully watered and supplied with the necessary nourishment, but whose opinion weighs like any plant's opinion. It is possible to

Globalization Essay Example | Topics and Well Written Essays - 2000 words - 3

Globalization - Essay Example First, a firm may choose FDI rather than exporting when it wants to regulate cost uncertainty, as well as demand uncertainty. Through FDI, the international firm will meet the shifting local demand more quickly than when the firm uses exporting; this will improve the profits of the firm. Therefore, the firm may decide to internationalize business activities through FDI rather than exporting when the cost uncertainty is lower than the demand uncertainty. Moreover, firms that engage in the production of products that may be less similar may choose foreign direct investment as an entry strategy in foreign markets than the use of exporting. Another circumstance that may prompt a firm to use foreign direct investment rather than the other methods like exporting includes government policies. These may entail policies that discourage exports as a way of conducting international business. For example, nontariff as well as tariff barriers may discourage firms from choosing to export as an entry mode in international business. High taxes that may be levied on the exports may compromise the profits of the business enterprise. As a result, firms may choose to make direct investments in the foreign markets with an aim of maintaining productivity and profits. Tariffs may act as barriers to international trade, especially when firms depend on exports as a mode of entry in international markets. Another circumstance that may make a firm make a direct investment in a foreign country through FDI includes marketing concerns. This may entail the distribution, logistics, image of the firm, and responsiveness to the customers' needs. Firms that require quick and immediate feedback from the customers tend to choose FDI as the mode of entry in international markets (Markusen 2004, p. 287). Through FDI, the firm takes advantage of its presence in a foreign market to engage in widespread marketing of the products, which it produces. Thus, Foreign Direct Investment could be more favorable than exporting, licensing, and franchising in a situation where the firm wants to engage in enormous marketing of its products (Moran 2002, p. 100). Firms may also decide to internationalize their business activities through foreign direct investment where logistical considerations play an essential role in the activities of the firm. An example includes the costs attributed to internationalization th rough exporting (William 2004, p. 246). While firms decide to internationalize through exporting, some costs such as packaging, warehousing, distribution, and transporting costs will be incurred. Thus, in circumstances where firms want to avoid these costs, it will be more

Teacher Effectiveness Essay Example for Free

Teacher Effectiveness Essay In the initial perceptions report I selected confidence and patience as the personal attributes most relevant to effective teaching, and thorough subject knowledge and outlining clear and consistent expectations as the two most important classroom strategies to overall effective teaching. Various research studies into effective teaching have found that personal attributes, teaching and learning strategies and classroom management all play a significant role in overall teacher effectiveness. It has been found that teachers who exhibit socially just personal attributes such as care, compassion and empathy for all students are most effective. Teachers who are ? active in employing a range of teaching and learning strategies that are heavily based on student-teacher and student-student interaction are also found to be effective. In terms of classroom management, effective teachers are able to outline and stick to a clear set of high expectations for all students. These findings correlate with my initial perceptions to carrying degrees. While all the initial perceptions bear some relevance, generally speaking, factors and influences that make up effective teaching involve a much broader set of criteria than just patience, confidence, subject knowledge and expectations. The personal attributes of teachers is shown to be a significant factor in overall teacher effectiveness in a number of studies. Generally speaking, teachers who are socially just and have a genuine concern for all students have been found to be the most effective. This is a much broader conception of personal attributes than what was identified in the initial perceptions of teacher effectiveness, that of confidence and patience. The keen ambition to care for, respond to and develop the talents of all students is repeatedly referred to in studies as being a significant determinant of overall teacher effectiveness (Dinham, 2004, OECD, 1994, Batten, 1993). Such an ambition requires a number of personal attributes, one of which would include patience. In all teaching frameworks, teachers will inevitably face a range of abilities, skills and personalities. If teachers are genuinely committed to caring for and developing all students equally they will inevitably require patience each in terms of the rate at which students understand the concepts and information being presented to them as well as the manner in which students act and respond to both them personally and to the work they are presented with. However, while patience is a definite requirement in the care for all students, there is a broader set of attributes that are needed to achieve this ambition. Teachers who exhibit socially just attributes such as honesty, empathy and compassion are more likely to genuinely care for and develop all students, thereby making them more effective (Dinham, 2004). Significantly, these attributes will also play a significant role in providing a safe learning environment for all students, one of the three central components of the Quality Teaching Framework (NSW Quality Teaching Framework). Teachers who are reflective, willing and able to adjust and improve and to set an example of moral conduct for their students have also been found to be effective (OECD, 1994). A willingness and ability to reflect and adjust, as well as to provide a moral example for students depends significantly on the personal attributes of the teacher. Confidence is relevant to these attributes as in order for the process of self reflection and moral modelling to be successful, teachers must first be confident enough to engage in the process. For example, if a teacher does not possess confidence in their own moral beliefs and reasoning, they will be unable to model them for their students in any effective manner. However reflection and moral conduct requires more that just confidence. Ultimately it requires outward looking behaviour in an attempt to achieve positive relationships and a culture for success (Dinham, 2004). Specific teaching and learning strategies as they are implemented in the classroom bear a significant impact on overall teacher effectiveness. In terms of my initial perceptions report, thorough subject knowledge was identified as being of great importance for overall teacher effectiveness. The role and relevance of thorough subject knowledge is acknowledged as dependant upon overall teacher effectiveness to varying degrees (Darley-Hammond, 2000). The Darling-Hammond study (2000) found mixed support for subject matter knowledge as a determinant of effective teaching. The study showed that the greater time spent in teacher training courses and in subsequent professional development, on method areas and pedagogical development in specific methods, increased overall teacher effectiveness. While this doesnt relate directly to specific subject knowledge, content knowledge undoubtedly supports pedagogical knowledge, thereby making it relevant and influential. A student focussed, interactive approach that draws upon a range of specific teaching strategies is consistently found to be most significant in terms of effective teaching and learning practices within the classroom (Batten, 1993, Brophy and Good, 1986, OECD, 1994, Ayers et al. , 2004). Brophy and Good (1986) describe ? active teaching as being a central component of overall teacher effectiveness. By active teaching they are referring to an approach that relies heavily on student-teacher and student-student interaction, limiting the amount of time spent on independent instruction and unsupervised seatwork (Brophy and Good. 1986). The Organisation for Economic Co-operation and Development, Quality in Teaching, Paris Report (1994) supports this assertion in their report findings, stating that effective classrooms generally implemented teacher led activities with considerable interaction between the students and the teacher. Both studies acknowledge whole class discussion, closely monitored group work and effective questioning as part of the teacher led interactive approach. Each of these studies acknowledged class discussion and effective questioning as integral to the ? active teaching approach. Such skills involve the ability to effectively pose a combination of open and closed questions, questions that are based on recall and reflection and questions that allow for differences of opinion and interpretation in order to encourage meaningful discussion (Wragg and Brown, 2001). Such techniques allow students to personally engage with material, thereby making the work significant to students, one of the three components of the NSW Quality Teaching Framework. It is doubtful whether this would be able to be effectively achieved without a thorough knowledge of the content to which the teacher would develop questions and discussion about. Ayres et al. (2004) in their study regarding effective HSC teaching found that teaching and learning strategies that were dynamic and varying, for example lessons that progressed from presentations, to discussions, to interactive seat work and to some independent work, were found to be  effective. The study also found that the more effective teachers were willing to choose more difficult topic options and would change their chosen topics regularly. In order for teachers to effectively teach the difficult options, or continuously change their chosen topic in order to maintain their motivation, they would need to possess thorough knowledge in their subject. Therefore, while specific subject knowledge may not be an overwhelming component of effective classroom strategies, those that are deemed most effective would not work without the teacher first possessing thorough knowledge of their subject. Classroom management is the third component that is found to be most influential in overall teacher effectiveness. In my initial perceptions report I chose outlining clear and consistent expectations as an effective teaching strategy in order to increase the chance of student behaviour consistency. This initial perception seems to be supported by various studies regarding teacher effectiveness. The OECD report (1994) describes effective classroom management as providing a safe and orderly classroom where a set of high expectations are explained to and understood by students. In Margaret Battens (1993) study of individual Victorian teachers who had been deemed to be effective teachers, such practices as refusing to talk over students, carrying out outlined consequences such as giving more work to students who misbehaved and clearly and firmly stating to students to change their behaviour when they were not following classroom expectations, were often employed to manage an orderly and safe classroom for all students. All such strategies involve my initial perception of outlining clear and consistent expectations of students, and if carried out effectively, support the creating supportive environments element of the NSW Quality Teaching Framework. Effective teaching depends upon a broad range of criteria relating to socially just personal attributes, a broad ranging and interactive set of teaching and learning strategies and high classroom expectations. Within the range of this criteria patience, confidence, subject knowledge and consistent expectations undoubtedly bear some influence, however there are many other factors that also bear significant influence. References Ayers, P. , Sawyer, W. and Dinham, S. (2004) ? Effective teaching in the context of a Grade 12 high-stakes external examination in New South Wales, Australia, British Educational Research Journal, Vol. 30, No. 1 pp 141-165. Batten, M. , Marland, P. and Khamis, M. (1993) Knowing How to Teach Well: Teachers Reflect on Their Classroom Practice. ACER Research Monograph No 44. Hawthorn: ACER. (Chapter 3 pp. 18-33) Dinham, S. (2004) ? The Influence of Leadership in Producing Outstanding Schooling Outcomes in Junior Secondary Education, AESOP Report, School of Education, University of New England, Australia. Darling-Hammond (2000) http://eppa. asu. edu. epaa. v8nl Organisation for Economic Co-Operation and Development (1994) Quality in Teaching, Paris: OECD (Chapter 4: pp. 34-71). Wragg, E. and Brown, G. (2001) Questioning in the Secondary School, 2nd Edition, London: RoutledgeFalmer. (Chapter 3: pp. 27-39).

O great god-king Xerxes Essay Example for Free

O great god-king Xerxes Essay O great god-king Xerxes, I have heard that you are planning to launch a full-scale invasion of the Greek nations following on the steps of your father, Darius. I come here before you to attempt to dissuade you of your plans for Greece. As I am once a prominent citizen of one of the many city-states in the nation, it would do you well to listen to my advice as it contains extensive knowledge of what you are about to face if you push through with your plans. O King, barely ten years ago, your father Darius launched a similar invasion against the Greek city-states in retaliation to the Athenians’ aiding the Ionians in their revolt against his rule. Although it had been initially successful, the invasion was ultimately put to an end by his defeat during the Battle of Marathon. It could be worth noting that, despite the battle being a victory, it was a desperate attack by the Athenian army that caused the defeat of your father’s armed forces. Sparta, perhaps the state with the most powerful military in all of Greece, was absent from the battle and even then the Greeks scored a victory. Each city-state in Greece acts independently from each other. They are each governed by their respective rulers and are not influenced by the affairs of the other city-states. However, it is not impossible for each of them to call for aid to one another as evidenced by the Ionian call for aid during the previous war. Sartus was taken thanks to the aid provided by Athens, who had the major contribution in the allied army, and by Eretria. Sparta had chosen delay sending military aid as it had decided a full moon needed to pass before they do anything and were thus absent from the Battle of Marathon, where your father’s army was defeated utterly. Had Sparta’s forces been present, its superior military might compared to Athens would likely contribute to utter decimation of the Persian forces under your father’s command. However, even then, your father’s soldiers lost under the Greeks. If you attack now, O King, you risk provoking an even greater alliance that can now include Sparta, which is your most formidable enemy on the plains of Greece. The Spartans are a race that places utmost emphasis on military training and raising superior soldiers that have been tested in war. Furthermore, the Spartans will never participate and are not interested in any alliance that will not mean leadership to them. They can be a vain and arrogant nation but with the strength to back their vanity up. If you threaten the entire Greek country now, your Majesty, the major powers of the nation will definitely ally themselves with Sparta at the helm. With Spartan tactics and warriors at the vanguard, your army – no matter how great – will run into serious opposition which can result into an even greater demise than what has happened to your father’s forces in Marathon. As could be expected from any nation, the Greeks have devised battle tactics that are best suited to their terrain. They know their land; you can expect them to take advantage of that and lure your forces into a disadvantage in battle. With a possible alliance under Spartan leadership, the Greek can have a tactical and strategic advantage even if your army is greater in number. O Wise King, great wisdom it would be not to rely on the greater numbers of your armed host. The Greeks, especially the Spartans, will not be easily daunted. They have tactics that can be quite effective when employed in terrain which they know well. For example, your father Darius in Marathon faced a tactic called the phalanx. By definition, a Greek battle line deployed in a phalanx means there is equal strength in all sides of the battle formation. However, in Marathon, the Greek commander faced superior numbers but was able to modify the phalanx into an effective variant: he strengthened the wings of his battle formation while weakening the center. At first you would think that the Greeks were committing suicide and, indeed, the Greeks seemed to be at the point of desperation. However, stronger wings meant that the Greeks managed to hold off the wings of your father’s formations, holding them back and disabling them from reinforcing the center of King Darius’ battle lines. Thus, it was then that the Persian armies were surrounded and routed by the Greek army in Marathon. The results of the battle were horrific. Your father lost a sizable portion of his soldiers, sixty times more than what the Greeks lost in that same battle. A second Marathon is not the only thing that you should worry about in the conduct of battle in this planned invasion. A worse battle awaits your forces if you push through. In Greece, there is a place which we call the â€Å"Hot Gates† or Thermopylae. This place is a narrow pass bordered by a sheer cliff wall on one side, and the sea on the other side. This is a battleground ideal for the phalanx. In such a narrow pass, the phalanx will serve as a wedge that will drive through your attacking forces. The Greeks need only to strengthen their front lines with the rear guard merely pushing the front soldiers forward. In here, the superior numbers of your great army will definitely count for nothing. The Greeks, especially the Spartans and the Athenians, are aware of this pass; they will definitely use this to their advantage to hold off your army while a greater force amasses for retaliation. A Spartan-led phalanx could be as devastating as any phalanx, which had been proven by the Athenian tactics in Marathon. As you could see, Great King Xerxes, the sheer size of your army is both your strength and your liability. To support such a large host, you need a sizable navy to carry supplies back and forth. Your navy will be stretched thin supporting your great army; it will also have to endure against whatever naval counterattacks and offensives that the Greeks may launch against you. You could face a naval situation similar to Thermopylae in Salamis. It is a narrow channel, one which can reduce your navy into a bottleneck and reduce their effectiveness. The Greeks can pick your ships off one by one even if they may be smaller in size. Consider my wisdom in this matter, King Xerxes. I daresay that, even if you hold the greater number of forces, you would find it hard to manage them effectively at smaller levels. The Greeks, my former countrymen, are geniuses both in scholarship and in battle; your father Darius learnt that the hard way in the fields of Marathon under the Athenians alone. With a possible pan-Greek alliance – with the mighty Spartans leading – your forces face yet another humiliating defeat similar to Marathon, only this time you will be facing the combined might of all the city-states of Greece. Abandon this plan now, before this results to destruction of your mighty host. Sources: Wheeler, Kevin. (2001). â€Å"Ancient Greek Battles of Marathon, Thermopylae, Artemisium and Salamis. † Retrieved November 30, 2008, from Ancient World Battles website: http://www. geocities. com/caesarkevin/battles/Greekbattles1. html Lendering, Jona. (2005). â€Å"Phalanx and Hoplites. † Retrieved November 30, 2008 from Livius. org website: http://www. livius. org/pha-phd/phalanx/phalanx. html Lopez, Vincent. (2008) â€Å"Shock Tactics on the Ancient Battlefield. † Retrieved November 30, 2008 from Armchair General website: http://www. armchairgeneral. com/shock-tactics-on-the-ancient-battlefield. htm/5 Stewart, Michael. People, Places Things: Xerxes I, Greek Mythology: From the Iliad to the Fall of the Last Tyrant. Retrieved November 30, 2008 from Messagenet website: http://messagenet. com/myths/ppt/Xerxes_I_1. html Freedom44. (2004). â€Å"The First Persian War Greek Wars. † Retrieved from Free Republic website: http://freerepublic. com/focus/f-news/1196577/posts

Impact Of Woolf Reforms On Civil Justice System Law Essay

Impact Of Woolf Reforms On Civil Justice System Law Essay The Woolf reforms have successfully increased access to justice for litigants despite being confronted with extensive variables and multifaceted difficulties. However, the reforms have failed in some major aspects, ultimately falling victim to the notoriety and reality of legal reform. The civil justice system and the Woolf reforms will firstly be discussed, moving into an analysis of the prominent areas of the Civil Procedure Rules, with the essay concluding with an overall analysis of the reforms, exposing the reasons for its failures, in reference to the reality of the civil justice system. The Civil Justice System and the Emergence of the Woolf Reforms and Access to Justice The civil justice system has the dual function of serving the public good and acting as a private means. Its social purpose is to provide the machinery for giving effect to the rights of citizens, whilst contributing to the social and economic well being of the community and regulating the exercise of executive power under the democratic principle of the rule of law. For these purposes to be fulfilled, there must be effective access to justice with an awareness of every citizen of their rights, entitlements, obligations and responsibilities, and of the procedures for redress. The underlying basis of the Woolf reforms is therefore to ensure that the justice system provides opportunities for the public to make good their rights. An unambiguous aspiration to overhaul the justice system culminated in 1994, when the then Master of the Rolls, Lord Woolf, was appointed by the Lord Chancellor, Lord Mackay, to assess the practices and procedures of the civil courts in England and Wales. There was a four year, all-embracing inquiry and extensive consultation process that made over three hundred recommendations designed to improve the limitations of civil litigation. There were two reports, published in June 1995 and July 1996, that revealed the findings of the wide-ranging inquiry and provided the foundation for the subsequent Civil Procedure Rules 1998. It is widely accepted that the perceived deficiencies of the civil justice system were met by proposals of radical change and the Woolf reforms were far more than a modification or clarification of the justice system. This investigation into the countrys legal system was required to maintain the integrity and political legitimacy of the system, preventing it from being brought into disrepute. The impact that the competency of a nations justice system can have on considerations such as the economy and political presence in international affairs was also recognised. This is especially the case when identifying London as a prominent dispute resolution centre in the world, attracting litigants from across the globe. The reputation of England and Wales was assessed and the pre-Woolf litigation landscape was in need of reform if this historic justice system was to maintain its standing as one of the most competent providers of justice. Findings of the Woolf Reforms The perceived deficiencies revealed by Woolfs inquiries were readily agreed by the users of the civil justice system. In essence, litigation in England and Wales was too slow, too expensive and too uncertain. These injustices were predominantly identified to be the result of the English adversarial tradition and allowing parties to assume the proactive and dominant case management role, leaving the judiciary to perform simply a reactive role. Too Slow The pre-Woolf landscape contained too much delay that crippled the efficiency of the system and provided a disincentive to those seeking to enforce their rights. This introduced an additional cause of stress, such as through making it more difficult to establish the facts and leading parties to settle for inadequate compensation.  [1]  Lord Woolf identified delay to be the direct result of the adversarial culture of litigation that lawyers practised within and thrived upon. The time taken to progress a case from an initial claim to final hearing was a matter of concern, especially in making litigation expensive. Too Expensive The ever-increasing cost of litigation was found to limit access to justice. However, for some academics, high costs do not automatically entail that low income citizens are prevented from participating in the justice process because of the existence of what Michael E. Stamp  [2]  has named the fiscal illusion, where a belief arises that legal services are becoming unaffordable because they have increased in relative price. Stamp argues that society must alter the proportion of income devoted to different goods and services and rely upon increasing the productivity of legal services to match the increasing costs rather than solely aiming to decrease costs whilst maintaining current levels of efficiency. The Woolf reforms took on the dual approach of aspiring to increase the output of the justice system and endeavouring to strip away unnecessary costs. Stamps comment is an understatement of how low income citizens are being priced out of litigation and fails to stress the importan ce of access to justice for every citizen, irrelevant of social or financial status. Despite the above debate, it is accepted that the cost of a claim is a barrier to some and a problem for all litigants  [3]  and in more direct opposition to Stamp, Sir Thomas Bingham  [4]  robustly describes costs to be a cancer eating at the heart of the administration of justice. The system was too expensive with patterns of costs being higher than the claim was worth. High costs act as a deterrent to those making and defending claims and a number of businesses say that it is often cheaper to pay up, irrespective of the merits, than to defend an action. For individual litigants the unaffordable cost of litigation constitutes a denial of justice.  [5]  The primary intention to provide justice for individuals and businesses was being undermined by the inefficient cost of the machinery. This begins to expose the cruel reality of accessing justice that will run throughout this assessment of the Woolf reforms. Too Uncertain Uncertainty for litigants was a simple but significant limitation of accessing justice arising from unpredictable costs, timings and timetabling, and the uncertainty of judicial decisions. Uncertainty constituted a strong deterrent for litigants and must not be minimised as an issue. The English Adversarial Tradition There was a definitive intention to shift the litigation culture from that of adversarialism to compromise, co-operation and settlement. Woolf described the adversarial system as likely to encourage an adversarial culture and to degenerate into an environment in which the litigation process is too often seen as a battlefield where no rules apply.  [6]  There was a determination of lawyers to manipulate court procedures, delay and disrupt the opposition counsel, increase the costs of the litigation for personal profit and impose professional protectionalism. Woolf identified that main procedural tools for conducting litigation efficiently have each become subverted from their proper purpose  [7]  and the powers of the court have fallen behind the more sophisticated and aggressive tactics of some litigators.  [8]  Lawyers were accused of abusing the disclosure of information, disputing unquestionable points, making tactical appeals and deploying tactics to drag out litigati on, thereby driving up costs. Any analysis of this tradition identifies that the burden of this abuse falls on the client. Woolf disclaimed any potential shift towards an inquisitorial system and abandoning adversarialism in its entirety, in order to maintain its benefits, such as its impartiality compared to inquisitorial techniques. The proposed reform of case management (as set out below), was therefore created to be compatible with the adversarial tradition, establishing conditions where it could survive the transfer of control from the parties to the judiciary. Conclusion on the Findings of the Woolf Reports The justice system was essentially failing the litigant, on and for whom the whole system should, in principle, focus and deliver. Fairness, speed of process, reasonable results and the availability of appropriate procedures were all found to be lacking within a system which promised all these goals. The impression of litigation is a fragmented, inefficient and incomprehensible system failing to fulfil its function and its potential, to promptly distribute affordable and certain justice. It is difficult to take issue with Lord Woolfs findings and the principles of reform that emerge from his conclusions. The reliability and diligence of the access to justice reports are uncontested and the research element of the reforms will continue to act as a valuable identification of the positives and, importantly, limitations of the civil justice system. In this facet of investigation and assessment, Woolf was undoubtedly successful. However, the means and choice of initiatives that Woolf proposed to remedy the exposed limitations are open to debate and critique, particularly when commonly identified as being radical and controversial in their nature and the direction in which they attempt to guide the justice system. Objectives of the Woolf Reforms The aims of the reforms can be condensed into one overriding objective, set out in Civil Procedure Rules 1.1, which was to increase the competency of the civil justice system to decide and deal justly the cases set before it. This includes such considerations as reducing excessive costs, ensuring cases are dealt with expeditiously, honestly and in a manner that is proportionate to their nature. This would create equal footing for parties, guaranteeing that there is a reasonable allotment of resources per case by the court. The vision of Woolf and the principles of his report were reinforced in the Civil Procedure Rules (CPR) which came into force on 26th April 1999. The CPR established a common set of procedures and rules for both the county courts and High Court to follow and gave effect to the three hundred plus changes, amounting to the most radical change to procedure in the last one hundred years. The Woolf reforms did not tinker with the existing system; they rewrote it.  [9]  The CPR are extensive, but some elements are considered to be more prominent than others. It is these that I will focus on in my assessment of the CPR as the implementation of the Woolf reforms. The following six elements of the CPR were, and continue to be, considered to have had the most effect on the English civil procedure. Case Management Technique Lord Woolf believed case management to be vital in solving the key problems of cost, delay and complexity, identifying that the three are interrelated and stem from the uncontrolled nature of the litigation process. In particular, there is no clear judicial responsibility for managing individual cases or for the overall administration of the civil courts.  [10]  The transfer of control from the parties to the judge was designed to improve the pace and efficiency of litigation through imposing tighter timeframes and reducing case duration. Woolf recommended that in relation to case management, the complexity of rules should be eased through modernising terminology and eliminating the distinctions between procedure and practice. Woolf not only sought to change the legal culture of the parties and their counsel, but also the role of the judiciary within an organised court service. Case management was an interventionist approach, imposing a more dominant role for the courts whilst not dismissing the English adversarial tradition in its entirety. The judiciary were equipped with wide discretionary powers, for example, imposing early trial dates and refusing any plea to delay the start of a trial. The governing role of the judge is a common aspect of other continental legal systems and its introduction constituted a shift of the English legal system towards the majority.  [11]   Positives Case management has improved access to justice through increasing the speed of litigation. This initiative determined that it was the judges rather than the lawyers who dictate pace. No longer are the larger claims allowed to fester in the do not touch drawers of solicitors filing cabinets.  [12]  Lawyers were too often judged to slow down litigation, Woolf himself regarding that in the majority of cases the reasons for delay arise from failure (by the lawyers) to progress the case efficiently, wasting time on peripheral issues or procedural skirmishing to wear down an opponent or to excuse failure to get on with the case.  [13]  Many academics view the shift in management from the lawyers to the more responsible and non-partisan judiciary to be an effective reform. For example, 98% of respondents to the 2001 Woolf Network Third Survey considered that the newly introduced Case Management Conferences worked well in their case.  [14]  The increase of discretionary power and control has meant that time-wasting and tactical applications have not been tolerated, and breaches of judicial instruction in relation to the final hearing can result in claims being struck out. Limitations It is argued that a judge does not necessarily or automatically possess the skills or know-how to manage cases competently, reducing the predictability of a claim. The concern is that competency levels are suggested to decrease down the ranks of the judiciary whilst the levels of discretion are maintained. Case management has also been argued to constitute judicial over-involvement, where lawyers who have obtained a deeper knowledge of the case are prevented from deciding how the case should progress. This not only places the responsibility irrationally with the judge, who has only briefly assessed the claim, but also could be construed as reflecting a mistrust of the professionalism of counsel to the dispute. Case management is predicted to fail as a permanent solution because the institution of judicial case management represents a one-time productivity increase where the immediate effect may be lower costs of obtaining justice, but, over the long run, the cost savings will evaporate as a direct result of the cost disease.  [15]  This educated prediction of unavoidable failure of case management, and the Woolf reforms and CPR as a whole, must be treated with care, because it is in essence a prediction. However, this calculated forecast of the reform process suggests a negative outcome of case management that cannot be ignored. The necessary technological advances within the system have also been insufficient to support the implementation of case management. The increased judicial use of computers and telephone conferences, the acceptability of email correspondence in many courts and the advantage of claims beginning online, have all been beneficial, but this is the limit of any technological input. This is not due to the lack of technology available, but rather the justice system barely tapping into the phenomenal potential of technology. It is characteristically a lack of resources and allocated funds that have limited the use of technology, thereby failing to adequately complement the reforms. Conclusion It is apparent that there should not be an outright restoration of the responsibility to manage cases back to the parties and their lawyers. The wholesale rejection of judicial case management does not emanate from a fair evaluation of an initiative that has speeded up litigation and, as a direct result, decreased costs. There must be a reassessment of this reform, with the aim of improving the ability of the judiciary to effectively administer and control cases, essentially through a development of training judges in management techniques. In combination with this training, it is vital that there is an increase in the availability of technological support. This initiative seems to be a clear example of the dangers of such an interventionist approach. Pre-Action Protocols Pre-action protocols constitute strict procedures and sensible codes of practice which are dependent upon the facts and nature of a case, which parties when confronted with the prospect of litigation are expected to follow. The original two protocols in the CPR, for example, concerned personal injury and clinical negligence respectively. The aim overall was to encourage the early settlement of claims and avoid litigation, such as through an early exchange of full information of the dispute. The protocols follow a similar pattern as the encouragement to participate in alternative dispute resolution, in that compliance with the protocols is not compulsory, but an unreasonable refusal to participate will affect the awarding of costs. Positives The success of the pre-action protocols is clear from their expansion from the original two to the current ten, in March 2010. The protocols have increased the structure and organisation of claims, creating certainty for litigants of the pre-trial steps that they are expected to take, such as the effort to settle. This sequentially has stimulated increased levels of dispute resolution and early settlement through the improvement of the pre-action investigation, earlier exchange of information and the enhancement of the relationship and understanding between parties through more pre-action contact. The protocols have also been credited with ensuring that disputes which are litigated are done so on the foundation of detailed preparation and consideration. Further positives include the decrease of nuisance ill-founded claims and the success of the attached code, which categorises disputes which do not fall within the protocols. Limitations The protocols have been criticised solely for their burden and lengthy requirements. The obligation to perform tasks such as writing letters, disclosing information and exchanging expert reports all combine to duplicate the process of the claim to follow. A dispute is essentially fought twice, unnecessarily increasing time and costs. Conclusion The protocols were a strong success only falling foul in the adverse effect of the burden of administration. They represent the strength of the reforms and suggest that radical reform can be effective if implemented correctly. The Track System Under case management, a track system was proposed to assign different procedures to different cases that are separated on the merits of complexity and financial value. The CPR classifies cases into one of the three tracks of small claims, fast track and multi-track.  [16]  The small claims track is for cases of less than  £5,000 in value and the fast track including claims that are more valuable than  £5,000, but fall below  £15,000, or that fail to fit within the small claims criteria. Fast track cases are deemed to be simpler disputes, and on a slight variation, include landlord-tenant disputes and personal injury cases that are valued between  £1,000 and  £5,000. The multi-track includes all the cases over  £15,000 that fail to be placed in the fast track and small claims. Positives The fast track arrangements have been successful in having cases heard quicker, with it being claimed that this guarantees a final hearing within 30 weeks from soon after the defence has been sent to court.  [17]  The track system overall is merited for recognising that cases of different size and complexity should be dealt with in different ways with it having been noted that the criticism that such distinctions will condemn many claimants of small sums to second class justice is wholly misconceived.  [18]  This initiative has increased certainty of timetabling and improves efficiency by ensuring that judicial time is spent proportionately to the issues in claims. Limitations The track system is highly controversial because of its technique of the early classification and has struggled to contend with the extensive variables that determine the costs awarded to a party.  [19]  The most influential variable that has hindered success is the unpredictability of the length of a dispute.  [20]  In some cases it is close to impossible to balance and account for variables, such as complexity and financial value, in the early stages of a case. The track system must also contend with all the disadvantages of going to court, regardless of which track, including the common problems of cost and time. Conclusion The immediate defence of the track system that the analysis and clarification of costs is an ambitious and difficult task is not sufficient to excuse its failure. The system has fallen victim to the overload of variables and has failed to present itself as a competent antidote and controller of excessive costs. This initiative is a disappointment and current calls for its removal are justified. The concerns of the track system once again support the use of Alternate Dispute Resolution processes to reach a settlement, rather than proceed to trial. Costs Most of the descriptive guidelines of the overriding objective set out in the CPR concern the costs of litigation. High costs are often magnified by the issue of delay which acts as drag or friction upon the economy by reducing the ability of individuals and corporations to increase productivity and fully utilise capital.  [21]  At a minimum, costs must be more predictable and affordable, despite the difficulties of quantifying and identifying the sources of abstract costs not directly related to the litigation process. The objective must be reducing delay that creates excessive costs and constructing an initiative to reduce any influx in costs if a claim is inhibited by delay. The general rule of costs that the losing party must pay those of the successful party still remains. However, CPR 44.3 has modified this long-standing rule by introducing exceptions to it and giving the court discretion in the allocation of costs in certain cases. The rules of paying costs also can require the losing party to pay on account before the final sum of costs is decided by the court. This scheme, coupled with the ability to order costs or a proportion of costs which have been summarily assessed to be paid within fourteen days has established in todays litigation system a concept of what one learned commentator has described as pay as you go system for costs.  [22]  The early and continuous payment of costs promotes early settlement as the parties assess their cases earlier and can make calculations as to whether their costs will exceed their revenue. This scheme communicates the reality of a claim directly to the parties, encouraging them to rationally manage their fi nances and clarify and target their personal goals within the claim. Parties also have an incentive to adopt a more co-operative approach because of the threat of court imposed financial penalties for unreasonable conduct. This is an example of the court utilising a more forceful, realistic and arguably manipulative technique in the practical application of a reform through costs. Positives Michael Bacon identified that several long established principles relating to legal costs have either been modified or disappeared completely as a result of the Woolf reforms, and one or two totally new concepts and procedures have been introduced.  [23]  This dramatic reform has increased the predictability and certainty of costs and balanced unequal financial means between litigants through orders for the party with greater financial resources, but with the weaker case, to pay interim costs. There has also been increased enforcement of procedural rules, and action taken in respect of unreasonable conduct, by the court through automatic costs sanctions. Limitations The new costs regime has been criticised predominantly for failing to sufficiently reduce and control costs. Costs have been front loaded and perceived decreases in costs have been shown to be cancelled out by adverse effects of other reforms. In addition, cost sanctions have been criticised for being oppressive and punitive instead of preventing non-compliance with court convention. Conclusion Costs have not been successfully reduced and only minor reductions can be identified. The reasoning that costs are difficult to control because of their dependence upon a high number of variables, and the reality that there cannot be a sole recommendation targeting the financial burdens of litigation, are not justification for the failure of a multifaceted scheme designed to reduce costs. The only positive is that the emphasis on costs has raised the profile and importance of costs overall. This awareness has instigated a new outlook on reducing costs that may develop into a culture. The costs scheme constitutes the major criticism of the reforms overall. Alternative Dispute Resolution Reform of the justice system was required to promote more cases to an earlier, controlled settlement as opposed to an untidy, pressured one at the door of the court. The encouragement for early settlement follows Woolfs vision of litigation as the last resort for disputing parties, with the view that any settlement is better than proceeding to trial. This has allowed alternative dispute resolution (ADR) to take a fundamental role, and information on the sources of ADR is provided at all civil courts and legal aid funding is made available for ADR processes. ADR is the umbrella term for a group of techniques used to solve disputes other than through the traditional court adjudication. However, proceedings should not be issued or commenced if settlement is still being explored. The competency of the Centre for Dispute Resolution (CEDR) which nominates mediators, liaises with both parties and prepares the mediation agreement, also became relevant. In theory, ADR prevents the limitations of the court process from proceeding to fruition. If a claim is settled in mediation, the costs, complexity, adversarialism, time and ineffectiveness of the court procedure are all circumvented. The reduction of cases progressing to trial also reduces the burden on the courts, allows for a more efficient and better resourced procedure and, ultimately, better access to justice. The court was therefore equipped with the power to direct parties to attempt ADR under CPR 26.4 and to order a months postponement, facilitating parties to secure a settlement. In combination with ADR processes, offers to settle, known as Part 36 offers, provide yet another stimulus to settle before court action. Part 36 offers departed from the traditional structure of settlement, allowing both the claimant and defendant to make an offer to settle before the issuing of the claim or during the actual proceedings. If an offer has been made then this will be taken into consideration by the court when awarding costs. Positives There has been a clear cultural change and increased numbers of settlements through the vigorous promotion of ADR. There now exists a regime that encourages and obliges parties and their lawyers to consider settlement and utilise ADR processes. The largely aggressive adversarial behaviour associated with disputes has been softened with a more co-operative and collaborative approach. This culture immediately decreased the number of claims reaching court, with a 19.6% fall in the number of proceedings issued from 2000 to 2001 in the Queens Bench Division.  [24]  ADR has offered willing litigants the opportunity to participate in a quicker, cheaper and more specific and flexible technique for resolving their dispute. ADR also has many personal advantages for the participants as it can be creative, reduce stress and repair relationships. Limitations The essential limitation of ADR is its reliance upon the original participation in mediation. A settlement then relies upon the facts of a case and the parties approach to ADR. Many parties take a half-hearted approach to mediation and have no real intention to negotiate for a settlement. They intend instead to avoid the financial implications of unreasonably refusing to mediate. It is argued that as a result of both failed settlement attempts and indifferent participation in mediation, ADR does not necessarily reduce costs. Mandatory mediation is argued to constitute the greatest failure of ADR. Professor Dame Hazel Genn,  [25]  through the voluntary pilot mediation scheme of the Central London County Court (CLCC), identified that the Woolf reforms have motivated parties to mediate in order to avoid financial penalties for unreasonable refusal and create the appearance of following judicial direction. There was also the 2004 Automatic Referral to Mediation Scheme (ARMS) run at CLCC, where one hundred cases a month were selected at random and sent to mediation before any court hearing. Parties unwilling to partici

Unsettling Language in Elizabeth Bowen’s The Demon Lover Essay

Unsettling Language in Elizabeth Bowen’s The Demon Lover Elizabeth Bowen retells a popular folk tale in her short story, "The Demon Lover." The title suggests that the plot consists of a woman being confronted by a demon lover from her past. Bowen does not stray far from this original tale. Instead of originality, Bowen's prose relies on the use of subtleties to keep the story interesting. The story's subtleties feed us questions that continually grab our interest. Bowen immediately begins to create a sense of uneasiness in the first paragraph. As Mrs. Drover, the protagonist, walks toward her London house, "an unfamiliar queerness had silted up; a cat wove itself in and out of railings, but no human eye watched Mrs. Drover's return" (36). The author's use of the word "queerness" puts the reader on guard for something out of the ordinary. She then follows it by the description of a cat-a mysterious creature-wondering down the street with no regard to any passersby. The phrase "no human eye watched" seems to be overstating the situation. Instead of just saying that nothing was watching Mrs. Drover, the author chose to say that no human was watching her. We are led to question whether the cat was the only non-human watching her or not. And, if not, what else was watching her? The feeling of uncanny continues throughout the next paragraphs. The house Mrs. Drover enters is given characteristics that suggest that it is living. There is a "bruise in the wallpaper" and a piano "had left what looked like claw-marks" (36). On their own, these descriptions would not have created uneasiness. But, the house that bruises and furniture that leaves claw-marks contribute to the sense of uneasiness that had already begun to develop. W... ... no resulting rescue (40). Her screaming leads us to believe that she had in fact gotten into the demon lover's taxi. As the driver "made off with her into the hinterland of deserted streets," we are still left questioning who exactly the driver was, how he had come back from the dead, what Kathleen had promised him, and whether she had actually remembered her promise and had used it as an escape to her monotonous life (40). All of the unanswered questions, along with subtle uses of unsettling language, create an unsettling effect throughout the story. The title, "The Demon Lover," gave a good general idea of what Elizabeth Bowen was writing about, but her clever writing left interesting questions lingering throughout the story and even after its end. Works Cited Bowen, Elizabeth. "The Demon Lover." Collected Stories of Elizabeth Bowen. New York: Knopf, 1981.

international relations :: essays research papers

By Rishana Balkisson Mark Simpson looks at the evolution of international relations as a study and the methods that scholars have over the decades used to study I.R. Judging from this analysis, do International Relations have any relevance in the 21st century? Justify your answer. We are now living in the 21st century, our world has been through two major world wars and we are still fighting many wars and battles. It has been found that many countries come together as a team and then end their relationships with blood in their hands. Presidents from all round the glob come together to celebrate or to negotiate deals. We also have the United Nations, which is an international power which is made up of the different nations to help the countries that need help. International trade takes place between all the different countries so that we receive the benefits that other countries offer. International relations is said to be the back bone of the news that occurs all around the globe. Everyday when we watch the news on the television we find that they have local and international news why is this? Why it is so important to us to learn what is going on in other countries? Well during world war one there was a birth of the League of Nations. It was here that we found the very first time countries coming together to help their neighbours. This is the real birth of international relations; it was found here that different countries helped them with food supply, ammunition and soldiers. In world war two the growth of realism took place, this dominated the international relations. What is realism? â€Å"Realism is grounded in an emphasis on power politics and pursuit of national interests† according to international relations from a realism point of view politics internationally was anarchic, it is when a state or country acts in order to benefit for its own interests and not the rest of the world. Then you get pluralism definition which is where there is a diffusion of power only among a few countries. This took place during 60s and 70s. If you look at today the 21st century we find that we still need the support of other countries. Take a look at the 9/11 saga when the bombings in America took place. America needed help even though they had a lot of power and many countries agreed to help them.

Watching A Disappearing Number in Theater Essay -- Simon McBurney

Choose one production that you have seen and which you particularly enjoyed and discuss the aspects which made it so successful. A Disappearing Number I went to see a Disappearing Number, in the Theater. The production was performed by Complicite and was directed by Simon McBurney. I really enjoyed this performance. I thought that the mixture of maths and romance as well as the structure of the performance by incorporating the past and the present together, was extremely successful. The most successful aspect of the performance for me were the scene changes. I found that the rotation of the blackboard, center stage, where the actors were able to stoop beneath it in order to enter and exit the stage, was an effective touch to this non naturalistic performance. When this was first used, at the end of the first scene, when the characters Ruth and Al left the stage, I thought it didn't quite fit as at the beginning the style was leaning towards realism. But as the play progressed and the acting style became more and more non naturalistic, and this rotation of the black board technique was used more frequently it fitted in really well and became really effective. Later on in the performance when Ramanujan and Hardy are introduced, again the scene changes were quick, swift and rapid. Screens were used to conceal the actors as they came on to the stage and then conceal the other actors as they left the stage. The two different scenes which the screens helped to alternate between were Ramanujan, a remarkable mathematician, living in one of the poorest areas of India and the prominent mathematician, G.H Hardy in Cambridge, two people who were in correspondence with each other. Since each of the scenes were short, the use of t... ...was taken away so suddenly. And pain, for moving on. When Al got to the river the projected image of water is repeated. This recurring image from when Ramanujan dies in the past is brought forward into the present storyline making the link between the past and present even stronger. Because this is a repeated image, the water becomes a metaphor for death, the death of Ramanujan and the death of Ruth and her baby. This scene is a peaceful scene even with this metaphor attached. The audience gets to empathise with Al as he lets go of the past and moves on. Imagery is key in this final scene. The sand that each of the characters pour out from various objects, Al pouring from the cremation box and Ramanujan pouring from his tablet, shows the passing of time. A final connection between the two parts to the performance, the past and the present, the key to the whole play.

Lady Macbeth is referred to as a ‘fiend-like queen’ Essay

At the end of the play lady Macbeth is referred to as a ‘fiend-like queen’. Do you agree with this final assessment of her and can we hold her in any way responsible for the chaos and destruction there is at the play’s conclusion? Through focused analysis of Shakespeare’s presentation of her character, give your response to this interpretation. Consider: * The influence she has on her husband * Audience reaction then and now * And anything else you feel is relevant Malcolm gives one of the many different opinions of Lady Macbeth, when he comments on her ambitious and manipulative side. He calls her â€Å"fiend-like.† Another opinion which is less associated with her is the gentle woman’s opinion near the end as she is pitied by her in regards to her conscience and guilt for the murders and for chaotic situation in Scotland. She is viewed as the source of destruction in Scotland by some and is pitied by others. At the time Macbeth was written James I was on the throne. At that time people believed in the divine right of kings, they believed that the king was a spokes person from god and to murder a king would have been seen as the most abominable of crimes. So for Macbeth and lady Macbeth to commit the murder of Duncan who is a king would have been seen as evil and sacrilegious. Macbeth was performed around 1611 for James I and it reflects his interests in witchcraft from his own personal experiences at the time. A modern audience would be more cynical of the idea of witchcraft whereas a Shakespearean audience believed that witches were real and would have been more afraid of some of the themes and happenings in the play. Lady Macbeth is seen as being even more ambitious than her husband and has fewer moral scruples. She urges Macbeth to kill Duncan, and refuses to understand his doubts and hesitations. Gradually her close relationship with Macbeth crumbles into nothing because of this. She is first introduced to the play when she is reading a letter from Macbeth which is addressed to her. In the letter Macbeth calls her, â€Å"my dearest partner in greatness† this is unusual because in the time the play is set it was odd for women to be of equal status to men, but Macbeth who is also her husband sees her as his partner and therefore equal. Upon reading the letter she immediately jumps to the unusual conclusion of murdering Duncan for Macbeth to become king as prophesied and already starts to plot what she has to do to fulfil what she has been told will happen. When Macbeth comes home she tells him of her plan of murdering Duncan which is similar to what Macbeth thinks when he is made Thane of Cawdor, only Macbeth dismisses the thought and reasons with himself that it is wrong were Lady Macbeth is resolute and even goes so far to call on ‘evil spirits’ to ‘unsex’ her â€Å"Nor heaven peep through the blanket of the dark, to cry ‘hold, hold'†. She sees that Macbeth is not as determined as she is about the murder and sees his tendency to think of the consequences of their actions and sees it as a crucial weakness in her plan which shows selfishness in her character. She tells him, â€Å"Look like th’innocent flower, but be the serpent under’t† the imagery of a flower shows that he should look ‘sweet’ and innocent on the outside so as not to arouse suspicion but, that on the inside he should be able to be as harsh and deadly as a serpent. When she invokes evil spirits to ‘unsex’ her and take away her femininity the language used by Shakespeare is Iambic pentameter, which he uses to show the status of a character and that she is as equal as Macbeth and Macduff who also speak in Iambic pentameter in the play as most of her speeches in the play are in this form. Her speech as she calls on evil spirits is of this form of language to show the importance in what she is asking and how it will affect her in the rest of the play. The use of rhyming couplets and Iambic pentameter makes the communication more memorable to the audience. although when it comes to the murder she cannot kill Duncan herself because of the way he resembles her father, â€Å"Had he not resembled my father as he slept, I had done’t† this might show her character as being not completely evil because of the love for her father and shows us a humane side of her and that she relies on the ‘evil spirits’ to conceal her emotions. The words used like â€Å"come† and â€Å"fill† shows the urgency and highlights her determination, and the violent and inhuman imagery used like â€Å"You murdering ministers†, â€Å"That my keen knife† and â€Å"Of direst cruelty; make thick my blood,† emphasises her determination even more. The violent imagery of a brutal murder of a child â€Å"And dash’d the brains out, had I so sworn as you have done to this† reinforces the concept that innocence is destroyed in Scotland when Macbeth become king by use of deceit, treachery and brutality. The tactics she uses to make Macbeth commit the murder are manipulative ones; she uses his ambition against him and could only have persuaded him to go through with her plans by using his soaring ambition. Another tactic she uses is whenever Macbeth disagrees with her she attacks his ‘manhood’ and sense of pride which is another form of manipulation, â€Å"When you durst do it, then you were a man†. She is also shown as an intelligent person as she is able at the banquet when Macbeth is drawing suspicion to himself to quickly think of excuses â€Å"My lord is often thus, and hath been from his youth. Pray you ,keep seat† another example of her quick thinking is just after the murder of Duncan where again Macbeth is drawing attention to them by ‘over acting’ him being innocent, she faints to draw the attention away from Macbeth and so they don’t become suspicious. She is a controlled decisive character compared to Macbeth as he struggles to make up his mind if it is right to commit the murder whereas Lady Macbeth makes the decision and keeps it. She is also very perceptive as she realises Macbeth’s dilemma with his conscience, â€Å"Your face, my thane, is as a book where men may read strange matters.† She is compared to her husband Macbeth. Macbeth is also ambitious but not so much as Lady Macbeth, she doesn’t think of the consequences like Macbeth. She just goes through with the plan of murder and has to call on ‘evil spirits’ to suppress the guilt that she knows she will feel. Only it back fires and she becomes so over come with guilt she begins to sleepwalk and become paranoid of seeing a ‘spot’ of blood on her hand that will not come off no matter how many times she washes her hands. The ‘spot’ of blood represents the guilt she feels and how she subconsciously (in her sleep) tries to get rid of it. Where as Macbeth deals with his guilt in a different way and pushes Lady Macbeth further and further away putting a strain on their once strong relationship. He becomes paranoid and deals with it and accepts the fact that what he did was wrong but he can’t go back and so carries down the path that leads to his destruction. As the play progresses she begins to lose her confidence and Macbeth seems to gain more. They are like a ‘set of scales’ that they both evenly balance out another and there always has to be a more dominate partner even though they address each other as equals. As she starts to descend and become more unstable she invokes some sympathy from a modern audience where in a Shakespearean audience would have seen her as a witch and therefore would not have sympathy for her at all, in fact they would probably would have seen her getting what she deserves and would have been happy in hearing of her death because at the time witchcraft would have been seen as evil and at the start of the play where she calls on ‘evil spirits’ is an example of witchcraft whereas a modern audience is more sceptical. The majority of a modern audience would not believe in witches or ‘evil spirits’. Lady Macbeth is compared with other characters in the play. Another character is Lady Macduff. Lady Macduff is shown in the play as what a woman of that time is supposed to be. This would be, caring and protective over her children where Lady Macbeth is shown to have none of theses feminine qualities because instead of caring and nurturing she has ambition and cruelty. And example of this would be, in a speech to Macbeth about how committed to the murder she is she talks about if she had promised Macbeth that she would kill her first born as he had promised to kill Duncan for her. She says, â€Å"Dash’d the brains out, had I sworn as you have done to this† this is a rather graphic and violent image and shows that she has none of the stereotypical qualities associated with women and that’s what makes her so different from lady Macduff. Lady Macduff protects her children and describes herself as a wren protecting her young ones â€Å"for the poor wren, the mist diminutive of birds, will fight, her young ones in her nest against the owl† the bird imagery is also used around and by Lady Macbeth but it is mostly the crow which is seen as a symbol of evilness and death. It is interesting that both Lady Macbeth and Lady Macduff see Macduff as a traitor for leaving his family, which shows some similarity in their morals. Even the language Shakespeare uses for her changes from blank verse to prose. This shows the disintegration of her character and how she is slowly losing her status in the play and also her state of mind. It is almost like she has been driven insane by suppressing her guilt. And because of that guilt the relationship between her and Macbeth has fallen apart, not only because of their ambition but also because of her making them pursue the ambitions. This leaves them in a place that they can’t come back from and even though Macbeth accepts that, she cannot and it is almost like she may be blaming herself for how things turned out in the end. Most importantly if she thought perusing their ambitions because she wanted the best for her husband. It eventually leads both of them becoming distant. This example of psychological insight of her character means that maybe she is not as much of a monster if she can feel remorse and guilt even if it is in the form of her subconscious state. When she starts compulsively washing her hands shows a deeply troubled psyche and this contradicts in what she says earlier to Macbeth â€Å"A little water clears us of this deed† and then later she talks about the ‘perfumes of Arabia’. Shakespeare’s audience may have associated this with the mark of the devil, where a modern audience might see is as a dramatic representation of her anguish, guilt and torment that she can’t get rid off. This is ironic because at the start of the play just after the murder of Duncan she tells Macbeth to wash his hands but is now trying to wash her own, her reference earlier † What is done cannot be undone† yet she can’t accept her own statement or change the past. The imagery of light and darkness is used around her. The light represents good where darkness shows evil. When she is sleep walking and feeling her guilt it is said that she must have light near her continually, whereas at the start of the play she called on darkness but now it is reversed because she now needs light. When she commits suicide this could be seen as a desperate act to cleanse her mind from the over weighing burden of guilt. She may have just broken down because she has suppressed these emotions whereas Macbeth analysed them and accepted them and therefore could move on, allowing him some release but condemning her into a trap and the only way out was to create her own demised she was that desperate for the guilt to stop tormenting her. In the end of the play after her death and the death of Macbeth, Malcolm refers to her as ‘fiend-like queen’; this is an unfair statement of her character, but some may agree that she is responsible for some of the chaos and destruction at the end of the play, after all it was her ambition that fuelled the cause of Macbeths rampage through Scotland because of his guilt and paranoia that started after she manipulated him into committing murder and becoming a traitor. One could judge her to be an over ambitious person that got sucked in with the idea of power and forgot that it could lead to her downfall. At the beginning of the play she comes across as being vindictive and heartless, a person that takes control and dominates Macbeth in to doing as she says â€Å"To alter favour is to fear. Leave all the rest to me† but as the story goes on she starts to lose that confidence and guilt and doubt start to take over her mind and it is then you start to feel sympathetic towards her. You could feel sorry for her because she had lost everything all because of her ambitious nature and now there was no going back. Some would only agree slightly with the statement Malcolm uses to describe her. At the beginning one may have described her as a ‘fiend’, because of the way she takes charge in the murder and how she immediately jumps to that decision without thinking of the consequences. She is also impatient as she is to not be able to wait to see if the prophecy the witches said will become true. She has to make it become true herself and so takes matters into her own hands and does cause destruction and chaos around her. However she does not do this alone, Macbeth contributes to some of the chaos and destruction even if she was the one to start it. When Macbeth realises that he is in so far that he can not go back instead of stopping the murders he is doing he carries on whereas, Lady Macbeth stops and is consumed by guilt and takes it upon herself to end it. The original source of mischief could be the witches. They might be to blame for the devastation in Scotland, because of the prophecies they made. Without them Macbeth and Lady Macbeth may not have been tempted and tricked by their ambition that caused their downfall. Shakespeare reveals that no villain is entirely ‘fiend-like’ and that there is a source of conscience within everyone. So in fairness the term ‘fiend-like queen’ and the assessment of her holding responsibility for the chaos and destruction and is only partly true. Even though she is a part of the disarray, she is still not solely to blame. After all Macbeth also caused some of that destruction and chaos and even after her death; he carried on with the battle between him and Malcolm. In a way they really were equal partners, because they were both evenly responsible for their own demise and the desegregation in their own mental status and in their relationship with each other, and how their own ambitions became too much for not only the other to control, but for themselves. and that of the other characters in the play. A quote that conveys this is after the murder Lady Macbeth advises Macbeth not to think of his guilt and the irony of the statement she declares is that eventually she does think on the ‘deeds’ and lives the truth in her own declaration. â€Å"These deeds must not be thought after these ways; so, it will make us mad†. It would appear that she also wore â€Å"a heart so white† which earlier claimed that she would be ashamed of.