Thursday, November 28, 2019

THOSE HANDS Essays (157 words) - Films, , Term Papers

THOSE HANDS Those hands they do so much they cook, clean and take care of us. As the ring sits on the finger it glimmers in the light as she works. The hands turn the pages of the book as they fill with excitement, for every new paged turned. When people are sick they get better when those hands touch them. As she helps people get off on their day, and takes out time for us to work at our schools. The house is clean but those hands are still working non-stop. But when it's time to rest, the hands touch the remote to find it's favorite show that those hands love. But when it's time to get up to start the whole day over, those hands work again. Those hands that I talk about belong to my mother. Those are very special hands. Bibliography I wrote it from scratch for mothers day, but also for a class

Sunday, November 24, 2019

Free Essays on Traits Of A Modern World

Modern ideas are first formed from a simple hypothesis, with little evidence and much hope of truth lying beneath. These ideas become more greatly researched, and develop and change over time, due to more evidence. The modern societies today are such as this, with greatly updated advancement, but true to their original roots, of ancient times, when the beliefs and ideas were only theories, not facts to be found true. According to A History of the Modern World, there is â€Å"in our time a kind of uniform modern civilization which overlies or penetrates the traditional cultures of the world.† Some of these traits are pressures for an increased democracy, countries affecting each other’s growth, and Europe holding the key to the traditional times, which date back to ancient times. One example of using ancient times as a basis for modern civilization is the pressures for an increased democracy. In order for a country to improve its social and ethical conditions, changes must be made in the political powers to help its affected state grow. â€Å"†¦and all modern governments, democratic or not, must seek to arouse the energies and support of their populations† (Palmer 10). Also, with acquired knowledge, the current morals and beliefs of the community may change, and the democracy of the community must adjust to these changes. â€Å"In modern society old customs loosen, and ancestral religions are questioned. There is a demand for individual liberation, and an expectation for higher living† (Palmer 10). People yearn for equality, in every ethical aspect, and need a strong democratic system to support this. The fast changing social desires become social movements, and since the beginning of civilization, the ideas taken from the old world are brought to improve the new world. Another way the traditions of the old world affect the new world are the way modern countries affect each other. In order for the countries of our planet to... Free Essays on Traits Of A Modern World Free Essays on Traits Of A Modern World Modern ideas are first formed from a simple hypothesis, with little evidence and much hope of truth lying beneath. These ideas become more greatly researched, and develop and change over time, due to more evidence. The modern societies today are such as this, with greatly updated advancement, but true to their original roots, of ancient times, when the beliefs and ideas were only theories, not facts to be found true. According to A History of the Modern World, there is â€Å"in our time a kind of uniform modern civilization which overlies or penetrates the traditional cultures of the world.† Some of these traits are pressures for an increased democracy, countries affecting each other’s growth, and Europe holding the key to the traditional times, which date back to ancient times. One example of using ancient times as a basis for modern civilization is the pressures for an increased democracy. In order for a country to improve its social and ethical conditions, changes must be made in the political powers to help its affected state grow. â€Å"†¦and all modern governments, democratic or not, must seek to arouse the energies and support of their populations† (Palmer 10). Also, with acquired knowledge, the current morals and beliefs of the community may change, and the democracy of the community must adjust to these changes. â€Å"In modern society old customs loosen, and ancestral religions are questioned. There is a demand for individual liberation, and an expectation for higher living† (Palmer 10). People yearn for equality, in every ethical aspect, and need a strong democratic system to support this. The fast changing social desires become social movements, and since the beginning of civilization, the ideas taken from the old world are brought to improve the new world. Another way the traditions of the old world affect the new world are the way modern countries affect each other. In order for the countries of our planet to...

Thursday, November 21, 2019

Editing Essay Example | Topics and Well Written Essays - 1500 words - 1

Editing - Essay Example The ANWR oil drilling issue has even reached the point that it has become an agenda for national elections. Both the Republicans and the Democrats have used their respective stand on this subject as part of their strategies in gathering political support for every electoral contest in which they participate. The Democrats have held the stand of opposing oil drilling in the area since President Clinton (Douglas). On the other hand, the Republicans have been pushing for the opening of the 1002 Area for exploration and eventual extraction. However, the political noise generated by the debate on this issue between the Republicans and the Democrats has only blurred further the merits and demerits of oil drilling in the ANWR. Therefore, people are led to choose which political party line they should follow instead of basing their stand on the issue on the concrete evidence and logic. If provided an objective view on the issue, however, minus the

Wednesday, November 20, 2019

Marketing and Strategy Assignment Essay Example | Topics and Well Written Essays - 2000 words

Marketing and Strategy Assignment - Essay Example Companies are spending billions towards research and development in order to create innovations in their product lines. Firms like Apple are generating their core competence in the market based on innovations and research and development (Ireland, Hitt, & Hoskisson, 2011, p.82). The increased competition in the market has also led to marketers spending huge amounts towards improving their positioning and brand image in an attempt to create a distinction between the products and services offered by the competitors in the market (Davis, 2009, p.148). The present study would analyse the marketing strategies adopted by various organizations in an attempt to create segregation and generate competitive advantage in the market. The study would specifically focus upon marketing strategies with real life examples in the industry so as to help generate competitive advantage for business organizations. Analysis The role of marketers in the present business is essentially to analyse the needs an d wants of the customers and design product mix in a manner that tends to satisfy the unfulfilled needs of consumers. Marketers are spending billions on conducting marketing research in order to analyse the demands of the consumers and design an optimum product mix that can be used to generate competitive advantage in the market. Marketing research can help marketers and strategists in determining the gaps in the present level of product or service offering and the demands of the consumers. These gaps can be consequently help in generating a product mix that would help enhance the positioning of the organization. Market research can also help companies find the perceptions of their brands among the members of the target market audience. Strategists can then take up policies that can help in improving their image through the feedbacks gathered from the research (Duboff & Spaeth, 2000, p.106-108). One such example can be found in the case of South Central Bell Company that was continu ously losing its market share. Using market intelligence tools and conducting market research, the company was able to able to identify the reason behind the debacle and take up corrective measures that helped it to again regain its lost position in the market (Hair, Bush & Ortinau, 2007, p.116). Pricing is another critical strategic aspect that can be used to generate market advantage in business. Companies are trying to generate organizational excellence by using technological innovations like Total Quality Management, Kaizen and Six Sigma to ensure minimal operational costs. Examples of this form can be traced in the business strategies of companies like Toyota that has generated competitive advantage based on Just in Time approach (Imai, 1997, pp.4-6). Predatory pricing is one strategy that is very commonly used by marketers to gain market share and eliminate competitors. This strategy involves selling products at lowest rates that helps them capture a large share of the market (Greene, American Bar Association & Section of Antitrust Law, 1996, p.55-56). However critiques have also slammed the benefits of using this strategy as they believe that predatory pricing strategy leads to unfair competitive

Monday, November 18, 2019

Church Construction Project Assignment Example | Topics and Well Written Essays - 2000 words

Church Construction Project - Assignment Example The selection of property to accommodate the church must commensurate the number of people in the church and the finance they are capable of raising to buy the church premises. We need a church for 600-700 people. We are located in a busy suburb of a very large city. Ideally, we may settle for a hall that accommodates around a 1000 people. The hall could be located in a commercial area or residential place. The strength is in the cost because it is affordable. It is close to the houses of most members. If we get the complete floor in a commercial complex, we also get privacy. The weaknesses are that we will not have the church hall completely to ourselves. We will have to observe the rules and regulations of the commercial society and restrain the volume of our sound when we sing hymns and choruses. We now meet in a school hall. The hall is huge and is capable of accommodating 1000 members. It admeasures 7,000 square feet. The school building is strong and is capable of bearing the strain of 5,000 people in the entire floor. I am not aware of any pressure point in the school hall. The hall is such that it can bear pressure from all sides. There is no threat to it from human source, that is, it cannot suffer any harm from purely human strength. If pressure points are meant to be columns, beams and floors, the school is a ground plus four floor affair. Its floor space is about 20,000 square feet. So, considering all the floors, the total floor space is 100,000 square feet. The school has columns and beams and appears to be of robust construction. Discover how the last major construction project in your church was financed. How did this project correspond to what you learned It is about five years since our church was established. We have not faced any situation of a major construction project in our church. We have grown numerically and in zeal. We are collecting funds for our own church premises. There is no problem so far as finance is concerned. We have enough money to finance a purchase. There is a steering committee which is involved in searching for the property. At any rate, I attended a different church before five years. This church has a regular church building consisting of the main church hall on the ground floor, and more halls for church programs on the three upper floors. The main church on the ground floor had high ceiling, almost double the size of the halls on the three upper floors. This church was very old. They had broken down the old single floor building some forty years ago and converted it into a building with ground plus the three upper floors. The finance for this building came from donations by the church members and more finance from the diocesan. No loan was taken. Interview a pastor or church staff member that has recently been involved in a major church construction project. Ask him about how closely they followed the safe borrowing limits suggested in this lesson. Record your findings in your notebook. Most churches in my region have a policy to not borrow money from banks or any financial institutions. They search for donations and grants. If they need loan, they may take it from well-known

Friday, November 15, 2019

The History Of Legal Aid Law Essay

The History Of Legal Aid Law Essay The earliest Legal Aid movement was started in the year 1851 when there was an enactment introduced in France for providing legal assistance to the indigent. In Britain the effort of the state to provide legal services to the poor and needy goes back to 1944, when lord chancellor, Viscount Simon appointed the Rushcliffe Committee headed by Lord Rushcliffe to enquire about the existing facilities in England and Wales for giving legal aid advice to the poor.  [1]  This committee also made the desirable recommendations ensuring that the persons in need of the legal advice are provided the same by the state. The recommendations of the Rushcliffe Committee were submitted to British Parliament, which resulted in the enactment of Legal Aid and Advice Act, 1949. In 1945, the Rushcliffe Committee report was brought to the attention of the Government of India. The credit for drawing the attention of the government of India to this important question goes to the Bombay Legal Aid Society who invited the attention of the Government of India to the report of the Rushcliffe Committee. The Bombay Legal Aid Society in their letter  [2]  suggested the appointment of a similar committee in India to examine the problem of Legal Aid. In 1946, the provincial government was of the opinion that the provisions for the grant of legal aid in civil cases were sufficient but the same for the criminal cases needed to be liberalized. After the correspondence between the Government of India and the Provincial Government the resolution was passed in the Bombay Legislative Council and the Bombay State Assembly. The Government of Bombay appointed a committee under the Chairmanship of Mr. Justice NH Bhagwati  [3]  to consider the question of grant of legal aid in civil and criminal proceedings to poor persons, persons of limited means and the persons of backward classes to make justice easily accessible to these persons. The committee threw responsibility on State to provide free lega l aid for those who could not have access to the Courts of Law due to scarcity of means and guidance. The committee also recommended a four-tier  [4]  machinery for giving legal aid. These recommendations could not be implemented. In the same year (1949), the Government of West Bengal also set up a committee on Legal Aid and Legal Advice under the chairmanship of Sir Arthur Trevor Harries  [5]  . The committee recommended to give legal assistance to the poor. The report of the committee could not be implemented due to lack of requisite funds. Since 1952, the Government of India also started addressing to the question of legal aid for the poor in various conferences of Law Ministers and Law Commissions. The first law commission, 1958 in its fourteenth report  [6]  presented a detailed thought of legal aid with a strong plea to implement the Bhagwati and Harries reports. The 14th Law Commission Report stated the fact that if laws do not provide for an equality of opportunity to seek justice to all segments of society, then they have no protective value and unless some arrangement is made for providing a poor man the means to pay Court fees, advocates fees and other incidental costs of litigation, he is denied an opportunity to seek justice.  Ã‚  [7]   In 1960, the union government prepared an outline for legal aid scheme and forwarded it to various legal aid organisations and States for their comments. The state government in a conference of the State Law Ministers expressed their inability to allocate funds for the purpose of the legal aid schemes. The Third All India Lawyers conference in 1962, further considered the question of legal aid. It was suggested that legal aid was an obligation of both State and Central Government and for this purpose they should provide funds. In 1970, the National Conference was convened in New Delhhi on Legal Aid and Legal Advice. This conference emphasised that it was constitutional obligation of the state to make provision for Legal Aid to the weaker sections having no means. Justice P.N Bhagwati  [8]  was the chairman of the Legal Aid Committee which was appointed by the Government of Gujarat for the first time for suggesting ways and means of providing free legal aid and advice to the poor and weaker section of the community. The aim of the committee was to make recommendations so as to render legal advice more easily available and to make justice more easily accessible to such persons, including recommendations on the question of encouragements and financial assistance to institutions engaged in the work of such legal aid  [9]  . P.N Bhagwati observed even while retaining the adversary system, some changes may be effected whereby the judge is given a greater participatory role in the trail so as to place po or, as far as possible, on a footing of equality with the rich in the administration of justice.  [10]   The focus of the committee was the indigent person seeking to access justice. The report stated that there can be no rule of law unless the common man irrespective of the fact whether he is rich or poor is able to claim and justify to the rights given to him by the law. The machinery of law should be readily accessible to all. The poor must be placed in the same position as the rich by means of adequate legal service programme. It stated that the inequality between the rich and the poor in administration of the justice can be removed by establishing and developing effective system of the legal aid programme. Legal aid and advice should be regarded not as a matter of charity or bounty but as a matter of right.  [11]   The judicial attitude towards legal aid was not very progressive. In Janardhan Reddy v. State of Hyderabad  [12]  and Tara Singh v. State of Punjab  [13]  , the court, while taking a very restrictive interpretation of statutory provisions giving a person the right to lawyer, opined that this was, a privilege given to accused and it is his duty to ask for a lawyer if he wants to engage one or get his relations to engage one for him. The only duty cast on the Magistrate is to afford him the necessary opportunity (to do so). Even in capital punishment cases the early Supreme Court seemed relentless when it declared that it cannot be laid down in every capital case where the accused is unrepresented the trial is vitiated. To revive the programme, the Government of India formed an Expert committee for Legal Aid in 1972, under the chairmanship of Justice Krishna Iyer  [14]  . The committee submitted a report in 1973 on Legal Aid known as the Processionals Justice to Poor  [15]  . This report came to mark the cornerstone of Legal Aid Development in India. The report  dealt with the nexus between law and poverty, and spoke of PIL in this context. It emphasized the need for active and widespread legal aid system that enabled law to reach the people, rather than requiring people to reach the law. The report clearly laid down that it is an obligation of the State to ensure that the legal system becomes an effective tool in helping secure the ends of social justice.  [16]   Justice Krishna Iyer rightly observed that, Such a consummation, a proposition to which we are constitutionally dedicated is possible only through an activist scheme of legal aid, conceived wisely and executed vigorously.  [17]  Ã‚  He even said that Law and Justice cannot be regarded as two separate wings any longer and that it had become necessary that they together work towards restoring the faith of the poor man in the legal system by providing him with adequate legal assistance. Justice Krishna Iyer regarded the Legal Aid program as a catalyst which would enable the aggrieved masses to re-assert State responsibility under Part IV of the Constitution. He also said that poverty is a creation of unjust institutions and unjust society. Thus the legal aid programme aimed at revamping the socio-economic structure by way of removing the socially unjust institutions and creating a new order based upon the ethos of human liberty, equality and dignity of mankind. He realised the fact that though the system had been flagged off under the term  We the people of India  it had no longer continued in the same direction want of procedural formalities had taken precedence over the people at the cost of which justice often suffered casualties The expert committee appointed under the chairmanship of justice Krishna Iyer has made significant contribution toward the development of the concept of legal aid in India. A national legal service authority accountable to the parliament but protected from official control was recommended. Simplification of the legal procedure and an emphasis on conciliated settlement outside court has to be the policy of legal aid schemes. The report adopted the three fold test laid down for determining eligibility: Means test- to determine people entitled to legal aid Prima facie test- to determine whether there was a prima facie case to give legal aid or not Reasonableness test- to see whether the defence sought by a person is ethical and moral. In criminal proceedings the committee is not in favour of guaranteeing legal aid to habitual offenders and in cases, which essentially involve private claims. Regular arrangement for aid and advice to the undertrials was to be provided. A liberalized bail policy which was not to be dependent on financial consideration Legal services were to be extended to investigation as well as post conviction stage. Legal services should also include rehabilitative services. In criminal legal aid, the committee was in favour of salaried lawyers. The report also encourages payment of compensation to victims in criminal cases. Family courts should be established for women and children with women judges this is specially required in slum areas and rural villages. Public defence council should be appointed in childrens court. In backward areas, legal advice bureau should be established in each development block. The report encourages the involvement of law students in legal aid schemes particularly for preventive legal services. Public law service should be an alternative available as against the private bar and legal services authority should fix the fees payable to the lawyer. There was unanimous decision of the Committee that the State should regard it as an obligation to provide legal assistance to the poor and indigent. It stated that this obligation of the State was not merely, socio-economic or political but is also constitutional by reason of Articles 14  [18]  and 22(1)  [19]  . Further the report stated that the legislation and rules so made by the government should not be another piece of legislation made with the reference of any foreign legislation as there is a marked difference between socio-economic conditions prevailing in advanced countries and those prevailing in developing countries like India. It also emphasized on having legal aid programmes and that the organization for effectuating the legal service programme must be responsive to the poor in giving legal service and must not be mechanical and wooden in its approach. Even after, such a programme is introduced there must be a continuous examination of its utility and its responsiveness to the poor. The two judges joined forces as a two-member committee on juridicare, released its final report entitled Report on National Juridicare: equal justice- social justice, 1977 hereinafter, referred to as the 1977 report  [20]  . The report while emphasising the need for a new philosophy of legal service programme cautioned that it must be framed in the light of socio-economic conditions prevailing in the Country. It further noted that the traditional legal service programme which is essentially Court or litigation oriented, cannot meet the specific needs and the peculiar problems of the poor in our country. The report also included draft legislation for legal services and referred to Social Action Litigation. It recognises the fact that much of our law was created by the British to suit their convenience and as a result of this it is mostly insensitive to the socio-economic problems of the masses it set out to govern and regulate. This report  [21]  also made an effort to classify those categories of persons who are most in need of legal aid are as follows-   Those persons belonging to the Scheduled Castes or Scheduled Tribes Those persons who either by reason of being inhabitants of backward areas or who are so geographically placed that their voice cannot reach the Courts of justice The poor in general The workman and the peasantry class who toil and labour to earn rewards for their hard work of which they are often deprived. Those soldiers and armed forces personnel Women and children who are deprived social justice on grounds of biological infirmity. Untouchables or those who are referred to as Harijans and who even after abolition of Untouchability under Article 17 of the Indian Constitution are shunned by the Administrative class on the ground of their unacceptance in the community. One of the purpose for setting up the committee was that the central government is of the view that an adequate and vigorous legal service program is necessary to be establish in all the states in the country on a uniform basis. The terms of reference of the Juridicare committee included making recommendations for the establishing and operating comprehensive and a dynamic legal service program for effective implementations of the socio economic measures taken or to be taken by the government including formulation of scheme (s) for legal services. The 1977 report focused on the infrastructure of the legal services of the organization and clearly stated that it was not to be a department of the government but an autonomous institution headed by the Judge of the Supreme Court. The body would have representations from Bar Associations, the Government, the Parliament and the judiciary as well as voluntary associations and social workers and that there would be a multi tier set up for the legal aid organization. The 1977 report was an amalgamation of the 1971 Gujarat report and the 1973 report but absence of certain aspects of the legal services was noticeable. For instance, both the 1971 Report and the 1973 report dealt with the issues arising from the criminal justice separately. Hence it may be stated that except saying that it was continuation of the earlier reports, the 1977 Report made no reference to these aspects. The continuation with the earlier reports was also evident in the reiteration by the 1977 Report of the failures of the traditional legal services programme. The goals of the preventive legal services programme, advocated forcefully by the 1971 Report were recapuliated in this report, it stated that while the endeavor would be to launch a frontal attack on the problem of the poverty, the legal service programme would have to be directed towards providing representation to groups of social and economic protestand  must encourage group oriented and institution directed approach to the problem of poverty. The other goals that were reiterated were: the programme should not identify lawyers with the law but should even pose them against law, wherever law is the reflection of an unjust social order, it had to recognize the inter relatedness of social, legal, educational and psychological problems which beset the poor; the content of the legal services programme was to include spreading of awareness amongst the poor about their rights, tackling the class problems of the poor, initiating socio-legal research into the problems with a view to bringing about reform in law and administration and helping different groups of the poor to organize themselves.  [22]   The 1977 report envisaged several modes of delivery of legal services. The primary mode would be the providing of legal advice through various legal aid offices having both salaried lawyers and assigned lawyers. A whole Chapter was devoted to PIL: and legal aid. It was suggested that the Advocates Act, 1961 be amended to recognize and permit provision of legal aid by law teachers and students. The report clearly stated that the funding of the legal aid programme was the state responsibility and for this identified sources such as court fees collected from the litigants, legal aid steps, levy of special cess, donations and many more for the purpose of funding the legal aid programme and so on. Though the ideas as laid down by the Report was revolutionary but not much that was mentioned in the report was implemented as the government that had appointed the Juridicare committee was not in power when the 1977 report was submitted. The 1977 report remained on the shelf along with it the National legal Services Bill. Though the congress was voted back to power in 1980 but it was too enthusiastic about the 1977 Report. A committee at the national level was constituted to oversee and supervise legal aid programmes throughout the country under the Chairmanship of Justice Bhagwati  [23]  . This committee came to be known as CILAS  [24]  and started monitoring legal aid activities throughout the country. The introduction of Lok Adalats added a new chapter to the justice dispensation system of this country and succeeded in providing a supplementary forum to the litigants for conciliatory settlement of their disputes. In 1987, the Legal Services Authorities Act was enacted, th us crystallising a uniform statutory base for the concept of legal aid throughout the country. Constitutional and Statutory Provisions on Legal Aid Supreme Court on Legal Aid The linkage between Article 21 and the right to free legal aid was forged in the decision in Hussainara Khatoon v. State of Bihar  [25]  where the court was appalled at the plight of thousands of undertrials languishing in the jails in Bihar for years on end without ever being represented by a lawyer. The court declared that there can be no doubt that speedy trial, and by speedy trial, we mean reasonably expeditious trial, is an integral and essential part of the fundamental right to life and liberty enshrined in Article 21. The court pointed out that Article 39-A emphasised that free legal service was an inalienable element of reasonable, fair and just procedure and that the right to free legal services was implicit in the guarantee of Article 21. In his inimitable style Justice Bhagwati declared: Legal aid is really nothing else but equal justice in action. Legal aid is in fact the delivery system of social justice. If free legal services are not provided to such an accused, the trial itself may run the risk of being vitiated as contravening Article 21 and we have no doubt that every State Government would try to avoid such a possible eventuality. Further in the case of Hussainara Khatoon Ors. (V) v. Home Secretary, State of Bihar  [26]  , Patna Justice Bhagwati held that:  its the constitutional right of every accused person who is unable to engage a lawyer and secure legal services on account of reasons such as poverty, indigence or incommunicado situation, to have free legal services provided to him by the State and the State is under a constitutional mandate to provide a free lawyer to such accused person if the needs of justice so require. If free legal services are not provided to such an accused, the trial itself may run the risk of being vitiated as contravening Article 21 and it is hoped that every State Government would try to avoid such a possible eventuality. In the case of  Khatri Ors. (II) v. State of Bihar Ors  [27]  . , the court answered the question of the right to free legal aid to poor or indigent accused who are incapable of engaging lawyers. It held that the state is constitutionally bound to provide such aid not only at the stage of trial but also when they are first produced before the magistrate or remanded from time to time and that such a right cannot be denied on the ground of financial constraints or administrative inability or that the accused did not ask for it. Magistrates and Sessions Judges must inform the accused of such rights. The right to free legal services is an essential ingredient of reasonable, fair and just procedure for a person accused of an offence and it must be held implicit in the guarantee of Article 21 and the State is under a constitutional mandate to provide a lawyer to an accused person if the circumstances of the case and the needs of justice so require, provided of course the accused person does not object to the provision of such lawyer. The State cannot avoid this obligation by pleading financial or administrative inability or that none of the aggrieved prisoners asked for any legal a id at the expense of the State. The only qualification would be that the offence charged against the accused is such that on conviction, it would result in a sentence of imprisonment and is of such a nature that the circumstances of the case and the needs of social justice require that he should be given free legal representation. There may, however, be cases involving offences such as economic offences or offences against law prohibiting prostitution or child abuse and the like, where social justice may require that free legal or child abuse and the like, where social justice may require that free legal services need not be provided by the State. Right to free legal aid, just, fail and reasonable procedures is a fundamental right (Khatoons Case). It is elementary that the jeopardy to his personal liberty arises as soon as the person is arrested and is produced before a magistrate for it is at this stage that he gets the 1st opportunity to apply for bail and obtain his release as also to resist remain to police or jail custody. This is the stage at which and accused person needs competent legal advice and representation. No procedure can be said to be just, fair and reasonable which denies legal advice representation to the accused at this stage. Thus, state is under a constitutional obligation to provide free to aid to the accused not only at the stage of.  Every individual of the society are entitled as a matter of prerogative. He repeated in  Suk Das v. Union Territory of Arunachal Pradesh  [28]  Ã‚  and said   It may therefore now be taken as settled law that free legal assistance at State cost is a fundamental right of a person accused of an offence which may involve jeopardy to his life or personal liberty and this fundamental right is implicit in the requirement of reasonable, fair and just procedure prescribed by Article 21.   Justice Krishna Iyer in  M.H. Hoskot v. State of Maharashtra  Ã‚  [29]  , declared If a prisoner sentenced to imprisonment is virtually unable to exercise his constitutional and statutory right of appeal inclusive of special leave to appeal (to the Supreme Court) for want of legal assistance, there is implicit in the Court under Article 142 read with Articles 21 and 39-A of the Constitution, power to assign counsel for such imprisoned individual for doing complete justice. Justice Bhagwati in the case of Kara Aphasia v. State of Bihar  [30]  where the petitioners were young boys of 12-13 years when arrested, and were still languishing in jail for over 8 years. They also alleged to have been kept in leg irons and forced to do work outside the jail, directed that the petitioners must be provided legal representation by a fairly competent lawyer at the cost of the State, since legal aid in a criminal case is a fundamental right implicit in Article 21. In Centre for  Legal Research Anr. v. State of Kerala  [31]  Ã‚  , Chief Justice Bhagwati took a step further and laid down norms or guide-lines laid down for State to follow in giving support and cooperation to voluntary organizations and social action groups in operating legal aid programmers and organizing legal aid camps and lok adalats or niti melas. While delivering the judgment Bhagwati, C.J., stated that the writ petition raised a question as to whether voluntary organizations or social action groups engaged in the legal aid programmed should be supported by the State Government and if so to what extent and under what conditions. There can be no doubt that if the legal aid programme is to succeed it must involve public participation. The State Government undoubtedly has an obligation under Article 39-A of the Constitution which embodies a directive principle of State policy to set up a comprehensive and effective legal aid programme in order to ensure that the operation of the legal system promotes justice on the basis of equality. But we have no doubt that despite the sense of social commitment which animates many of our officers in the Administration, no legal aid programme can succeed in reaching the people if its operations remains confined in the hands of the Administration. It is absolutely essential that people should be involved in the legal aid programme because the legal aid programme is not charity or bounty but it is a social entitlement of the people and those in need of legal assistance cannot be looked upon as mere beneficiaries of the legal aid programme but they should be regarded as particip ants in it. If we want to secure peoples participation and involvement in the legal aid programme, we think the best way of securing it is to operate through voluntary organizations and social action groups. These organizations are working amongst the deprived and vulnerable sections of the community at the grass-root level and they know what are the problems and difficulties encountered by these neglected sections of Indian humanity. It is now acknowledged throughout the country that the legal aid programme which is needed for the purpose of reaching social justice to the people cannot afford to remain confined to the traditional or litigation oriented legal aid programme but it must, taking into account the socio-economic conditions prevailing in the country, adopt a more dynamic posture and take within its sweep what we may call strategic legal aid programme camps, encouragement of public interest litigation and holding of lok adalats or niti melas for bringing about settlements of disputes whether pending in courts or outside. The assistance of voluntary agencies and social action groups must therefore be taken by the State for the purpose of operating the legal aid programme in its widest and most comprehensive sense, and this is an obligation which flows directly from Article 39-A of the Constitution. It is also necessary to lay down norms which should guide the State in lending its encouragement and support to voluntary organizations and social action groups in operating legal aid programmes and organizing legal aid camps and lok adalats or niti melas. We are of the view that the following norms should provide sufficient guidance to the State in this behalf and we would direct that the State Government shall, in compliance with its obligations under Article 39-A of the Constitution extend its cooperation and support to the following categories of voluntary organizations and social action groups in running the legal aid programme and organizing legal aid camps and lok adalats or niti melas. In  Indira Gandhi v. Raj Narain  [32]  Ã‚  the Court said: Rule of Law is basic structure of constitution of india. Every individual is guaranteed Rule Of Law is basic structure of constitution of India. Every individual is guaranteed the rights given to him under the constitution. No one so condemn unheard. Equality of justice. There ought to be a violation to the fundamental right or prerogatives, or privileges, only then remedy go to Court of Law. But also at the stage when he first is produced before the magistrate. In absence of legal aid, trial is vitiated.

Wednesday, November 13, 2019

Themes in White Noise by Don DeLillo Essay -- White Noise Don DeLillo

White Noise â€Å"The world†¦is crowded, not necessarily with occupants and not at all with memorable experiences, but with happenings; it is a ceaseless flow of seductive trivialities which invoke neither reflection, nor choice but instant participation.† (Oakeshott) The idea of the lacking of realness is one of the major themes carried out throughout the novel White Noise by Don DeLillo, especially through the device of the television. â€Å"For most people there are only two places in the world. Where they live and their TV set. If a thing happens on television, we have every right to find it fascinating, whatever it is.† (DeLillo 66) The television in the novel White Noise is portrayed almost as a character and plays a significant role in the lives of the individuals in the story. The TV set is always on in the house and emits a constant flow of words, sounds, and images into the home. McCarthy depicts the TV set itself as â€Å"both a piece of furniture in a room and a window to an imaged elsewhere, both a commodity and a way of looking at commodities.† (1) In other words, not only is the television an American commodity, it also gives rise to hundreds upon thousands of other â€Å"must-haves†. There is hardly a home in America lacking at least one television set, giving this mode of communication enormous influence ability. â€Å"The world has but one language, soon learned: the language of appetite.† (Oakeshott 41) In order to feed this appetite Americans especially, glue their eyes to the TV to see what new ways of living and new products are out there to make their lives better. The character, Jack Gladney shows this modern-day way of thinking when he goes shopping at the mall. After looking at the â€Å"mass and variety† of hi... ... nothing" since "there is no media in Iron City." (DeLillo 92) To the characters as well as to most of society, only the amount of coverage of the incident by the media brings the event into existence. It wouldn’t matter how many casualties how many lives ruined if the occurrences weren’t captured on film and plastered over every news station. â€Å"For most people, events are not ‘news’ unless they appear on television.† (Johnson 212) Once again this is seen when the refugees from the toxic cloud are upset that they only got fifty-two words on television, and not even on network news. â€Å"Are they telling us that it was insignificant†¦? Do they think this is just television? ... Don’t they know it’s real?† (DeLillo 162) Once again this concept that remains throughout the entire novel of distinguishing real from not real is brought up, and once again, is misunderstood.

Sunday, November 10, 2019

Scientific Management – Taylorism

‘Scientific Management’ is a managerial development theory that was proposed by Frederick Winslow Taylor in the 1880s. It was designed to apply scientific methods to the management of work organisations in order to improve economic efficiency and labour productivity. This theory is also well known as ‘Taylorism’ and has had a significant impact in the history of organisational management. Scientific management has had many benefits in the work organisation such as the division between workers and managers, increased efficiency in production and task specialisation. To some extent, this idea may still be relevant in some organisations but it is evident that the problems associated with this theory has led to the downfall of scientific management in today’s service economy and furthermore has allowed for the introduction of improved managerial methods. The issues and disadvantages of scientific management will be further discussed and explained why it is no longer considered relevant in our modern day service economy. With the introduction of scientific management in the work organisation there has been a controversial debate over the changes that occur within the workplace. Do the disadvantages of scientific management theory outweigh the advantages? It is true that this method allows specific tasks to be assigned to specific workers according to their specialisation thus increasing efficiency in productivity as well as a â€Å"regimented system of work organisation and managerial practice† (Aguiar, 2002, p. 239). However these changes have had a detrimental effect on the welfare of the workers due to the investigation of introducing new management procedures. Stress levels and insecurity of the workers were said to have increased as a result of redundancies, layoffs and health and safety issues according to Aguiar (2002). There was also a change in work conditions that introduced the ‘gender division of labour’ meaning that women were assigned with easier jobs whereas men were assigned with the more â€Å"heavy-duty† (Aguiar, 2002, p. 246) jobs. Due to these new management strategies, labour intensification had been increased ultimately leading to an increase in workload and even more changes in work conditions. As a result of gender division, it was evident that there was a significant difference in wages for women and men. Men typically received a higher wage than women which unquestionably became an issue as men were less likely to experience changes in their assigned jobs, whereas women were more susceptible to these changes. Furthermore, not only are women’s wages lower than men’s, this often ends in a gender clash as it leads to women feeling unmotivated and not up to standard. Not only has scientific management created a negative gender division in work organisations, it has also created a less encouraging environment for workers. Although the principles of Taylorism have had a positive outcome on efficiency of production and productivity of workers, it has negatively impacted the workers as it has decreased job satisfaction thus increasing the repetitive nature of the workload. As workers are only required to specialise in one specific task, workers quickly become dissatisfied as the fundamental job requirements such as variety of skill, significance of tasks, independence and criticism are all missing. According to Gronroos (1994), it is due to the introduction of new technology in the work organisation that prevents workers from experiencing considerable job satisfaction. This also results in a poor relationship between workers and customers, as the value of customer satisfaction is neglected and therefore competitive advantages are not achieved. In some work environments there were â€Å"additional target-related pressures† (Bain et al. , 2002, p. 182) where workers refused to work overtime or simply insisted on taking breaks between shifts. In some cases there would be workers that would feel the need to conform and not give into pressure to take breaks thus increasing stress levels and decrease in job satisfaction. Lastly, there is also the issue of Taylorism being easily distorted to exploit workers in a way that they are being controlled and treated as machines rather than human beings. This introduces the idea that this method of management can be seen as dehumanising to the worker. Taylor fails to recognise the importance of the wellbeing of workers in their work environment and rather focuses entirely on gaining maximum efficiency, productivity and profits. This raises conflicts with labour unions as they strongly believe that humans are unlike machines and cannot operate as machines do. Since workers are assigned to their specific task and that task only, they are unable to develop further skills and use their imagination and creativity to complete certain tasks and this is due to a scientific approach in management. There are limited opportunities for workers to be able to express his or her creativity as â€Å"each worker has a very well-determined task† (Caldari, 2007, p. 73). Therefore the outcome of completing the required task will only result in maximum efficiency if they complete what they have been assigned to do but will be unable to develop mentally thus illustrating the concept of dehumanisation. Although the human mind is constantly capable of storing new information such as certain routines and actions, â€Å"the human brain and flexible production systems must exhibit the ability to change, evolve and create† (Caldari, 2007, p. 74). Conclusively, it is evident that in some cases the scientific management approach is accepted by some work organisations. However, Taylor’s theory is flawed in a way that he has failed to account for the crucial factors relating to human welfare and focuses purely on maximisation in productivity, efficiency and profits. Although Taylor’s method was considered the machine model of organisation, and impacted management history in dramatic ways, his theory had also raised many controversial issues that must be considered prior to applying those theories in a predominant service economy. Scientific management may have had a positive impact in particular organisations but in today’s society, this theory is no longer relevant in a predominantly service economy.

Friday, November 8, 2019

Identity Creation essays

Identity Creation essays An individuals attributed characteristics gives rise to the transformation of self of identity. Oscar Wildes The Importance of Being Earnest has both Algernon and Jack taking on the identity of Earnest in order to court their lovers. This act of taking up of the name Earnest is in reality the foundation identity is based on. When a person claims that his name is Earnest, under normal circumstances such a proposal is true. Christopher Nassaars article Wildes The Importance of Being Earnest and Stoppards Rosencrantz and Guildenstern are Dead, suggests that Wilde plays around with irony and allows for certain unexpected things to occur. This is a bridge between identity in Wildes play and Helen Fieldings Bridget Joness Diary. Fielding has Bridget, a mid-aged single woman struggling to find a man of her dreams. Bridget achieves this through putting on make up and monitoring her body weight. Penny Dick suggests in her article Book Reviews: Bridget Joness Diary, that female identit y is at play when a woman is seeking a relationship. A correlation between Algernon and Jack with Bridget is that they all pretend to be someone who is not completely natural by nature. According to Micheal Liammoir in his The Importance of Being Oscar, the characters in the play create their identity through comedy. Such pretence in both works can be seen as a successful creation of self identity due to the fact that it all works out. In my paper, I propose to discuss the success of identity creation in the two texts and its significance to the world today. When Jack and Algernon took on the identity of Earnest, they created a comical atmosphere for the play with the idea of Bunburrying. Once the tone of the play has been set, many improbable things can occur like Cecily and Gwendolen falling in love to only a man named Earnest. The true identity of Jack and Algerno...

Wednesday, November 6, 2019

stereotypes in ancient east essays

stereotypes in ancient east essays Social, religious and ethnic stereotypes in the ancient Near East and the lessons to be gained from that for our modern world: 2. The Ancient Near East; Explain the culture and define the stereotypes. 3. Draw paralells between The ancient Near East and The modern world and what lessons we have learnt. Would one be able to link stereotypes to an exact science of numbers, figures and statistics? Or do stereotypes evolve socially through the the general mindset and identification of peoples perception of popular and recognisable behaviour in more than one individual? Defining the word itself is easy, one could find an abundance of information leading to the answer right through from the Greek deriviation from stereos; meaning solid and typos; meaning the mark of a blow, impression, or model, to a modern dictionarys definition as; A relatively rigid and oversimplified or baised perception or conception of an aspect of reality, especially of persons or social groups. But dictionarys does not lead to the true meaning and social explanation of the term. We need to view the definition as a blank space which we colour in with meaning as we gather our paints. To start of with we are placed in an eviroment; a physical and phsycological plain in which humans create real and psuedo based experiences on which they base their own behaviour and those of the people around them. In that enviroment it then becomes very important for the basic survival of the species and the individual that social life demands that we know and try to understand the why of behaviour. Why in the sense of control, of order, of predictabality, of stability and of meaning. Through that people build up a preconception of what survival is to them, by adding the creative mind to social enviroments known to them. They can therefore try and predict the outcome of situations within that known enviroment by adding their own experi...

Monday, November 4, 2019

The negative impact of multiculturalism (Multiculturalism highlights Research Paper

The negative impact of multiculturalism (Multiculturalism highlights difference and can lead to hate crimes) - Research Paper Example My mind does not accept this. Dear fellows, terrorism is on its rise, and racial differences have been a part and parcel of the whole scenario. The stigma attached to the Arabs, for example, makes them aliens among us. We are not able to feel comfortable in diverse workplaces, where people from other cultures work, because we are afraid they might have hidden bombshells under their clothes. This fear has elevated after the 9/11 attacks. How are we going to trust people of other cultures and races now? Cultural and racial profiling that involves blaming people belonging to other races and cultures is on its rise after the terrorist attacks. It is â€Å"the practice of targeting individuals for police or security interdiction, detention, or other disparate treatment based primarily on their race or ethnicity, in the belief that certain minority groups are more likely to engage in unlawful behavior† (Muffler, 2006, p.1). Cultural profiling is simply a violation of the constitution that gives protection to al l cultural groups of a society. It has led to shooting and killing of people of other cultures for the sake of security, based on stereotypes attached to certain cultural groups. For example, Travon Martin was â€Å"the unarmed teenager allegedly killed by a neighborhood watch captain while walking home from a store† (Lee, 2012, para.1). He was an African-American. Hence, multiculturalism has given rise to cultural profiling, especially in America, as people of other cultures have been targeted, shot, gunned down, punished, and tortured, just because of their cultural backgrounds. What is more, my dear friends, multiculturalism has also given rise to conflicts and disputes at workplaces. The difference in salaries and benefits seen at workplaces is actually what gives rise to discrimination, which eventually leads to hatred between members of the same community

Friday, November 1, 2019

Sysco case Assignment Example | Topics and Well Written Essays - 1000 words

Sysco case - Assignment Example In simple terms, Sysco needs to set a link between the BI package and databases. Why did Sysco decide initially to address only two questions with its new BI software rather than use it as a more general analysis tool? Why did Business Objects recommend this approach? What are the tradeoffs? Initially, Sysco wanted to address only two questions, one being the selling of additional products to each of the customers and the second question was identification of such current customers that Sysco would lose in future. These two questions were predictive in nature. The first question the software could provide answer to was related to comparison of a client’s activity based on its size, type, geography and other factors. By generating different profiles and comparing them continuously with what was being ordered by the customers, the software could generate reports with potential business opportunities. The second question the software could answer was monitoring customers’ ordering design over time, noticing a change in the volume of a regular customer’s order for all or a particular product type. Such information could be very crucial to Sysco so as not to lose its loyal customers and pay more attention to their requirements. Business Objects also supported and recommended Sysco approach to use the software selectively after extensive analysis and interviewing, which was its pre-sale service support to provide business intelligence to its client Sysco. For judging the effectiveness of the new systems, Sysco should calculate the cost of the software on individual companies. Systems’ effectiveness depends on the fast return back of the investment made on the purchase of the software. The estimated cost is in the range of $2.5 million to $3.5 million but actually, it depends on the software, its time of purchase and the consulting support needed to implement the software