Thursday, October 10, 2019
US-South Korean Relations: A New Era of Cooperation
President Carter stated in a secret memorandum at the beginning of his administration that ââ¬Å"U. S. ââ¬â Korean relations as determined by Congress and American people are at an all time low. â⬠This statement, coupled with his iron determination to withdraw forces from South Korea, reflected the end of what is often known as the ââ¬Å"Golden Ageâ⬠of Korean-American relations. During Park Chung Heeâ⬠s 18-year authoritarian reign over South Korea, the late 1970s portray a complex web of alliance relations and tumultuous security commitment that threatened the overall strength of the two allies. Constant U. S. intervention and attempts to influence Koreaâ⬠s political process were met with massive resistance and did not deter then president Park from steadfastly continuing his Yushin system of authoritarian rule until his sudden assassination in 1979 (Gleysteen 4). However, the decades following the 1970s portray yet another shift in Korean-American relations. Once opposed to Western style democracy, the government of the 1990s (namely, Kim Dae Jung) has shed its authoritarian foundation and now supports a policy that reflects the ideals of Western democracy. South Korea has effectively put into place a system of democracy that will now be difficult to overturn, if anyone should ever again try. Although unsuccessful in the 1970s, the U. S. has finally realized its primary goal of political liberalization in South Korea. In this paper, I will discuss the relations between Korea and the U. S. in the late 1970s and the factors that led to tensions in alliance; mainly, differing political ideologies. Then, I will elaborate on the great strides Korea has made in achieving democracy, therefore lessening the political gap between Korea and the Western nations. I will do so by presenting Kim Dae Jungâ⬠s strongly democratic vision of Korea among opposing viewpoints. By analyzing his response to Lew Kwan Yewâ⬠s generally anti-Western democracy stance, one is able to discern the similarities in political thought that bridged the seemingly irreparable gap rendered during the Park Chung Hee rule. The differences in these two political leaders effectively portray the opposite ends of the political spectrum and show the changes in government Korea has made during the governments of Park and Kim. Upon Park Chung Heeâ⬠s rise to power following the military coup of 1961, it was inevitable that Korea would not follow a trend towards democracy. Given Parkâ⬠s military background, Confucian heritage and Japanese education, there was nothing in his history to suggest that he would embrace democracy American-style. In fact, he considered this practice to be ââ¬Å"inconvenient and unproductiveâ⬠(Oberdorfer 32). A U. S. military assessment noted: From the time he led the 1961 coup, it has been evident that President Park had little admiration for or interest in the craft of politics. His approach to his stewardship as ROK head of state has remained that of a general who desires that his orders be carried out without being subjected to the process of political debate (Oberdorfer 33). Although heavy U. S. ressure influenced Park to return to nominal civilian rule following his coup, one can see that from the beginning there were prominent factors that foreshadowed the clash of ideologies to come. Park began his most anti-democratic line of rule in 1972 with the advent of his ââ¬Å"Yushinâ⬠system that disbanded the National Assembly, declared martial law, discarded the existing Constitution and prepared for indirect election of the president. To silence opposition, Park arrested many of the senior political leaders of the country. He justified this radical line of rule by declaring that they were ââ¬Å"revitalizing reformsâ⬠that were necessary to strengthen and unify the nation to prepare for possible Northern invasion and maintain national independence (Oberdorfer 38). All pretense of a civilian government was thus ended by this blatant grab for complete authoritarian power. Following a policy that encouraged gradually lower levels of U. S. engagement with Korea, the U. S. responded to this maneuver by stating that they had not been consulted or involved in Parkâ⬠s actions and would seek to avoid involvement in Koreaâ⬠s internal affairs (Oberdorfer 41). In effect, the U. S. was attempting to not endorse the Yushin plan as a whole by following a policy of disassociation that diminished the role of the U. S. in Koreaâ⬠s political system. U. S. involvement, while always present, became significantly more intrusive with President Carterâ⬠s rise to office in 1976. At this time, Americaâ⬠s reaction against military commitments abroad were seen for the first time since the Vietnam disaster when President Carter advocated the withdrawal of U. S. troops from Korea almost immediately following his inception into office. Korea was, of course, adamantly against this maneuver and Carterâ⬠s own government displayed opposition to such a drastic move. However, for undetermined reasons, Carter remained steadfast in this course of action for almost the entire duration of his office. Although the administration and Congress opposed the immediate withdrawal of U. S. forces, they were not against the idea of using the issue to induce a process of liberalization. However, they had to be careful in their suggestions so as to not provoke a nationalist and regressive reaction. The U. S. ought to do this by attempting to recover strained relations with Park, hoping it would lead to gradual democratization by a friendly and understated counsel. Park too hoped to end the awkward relations with the U. S. but sought to maintain U. S. support without changing his ruling style. He proposed a summit with Carter in January 1979 but rejected Western style democracy as unsuitable to Korea. Although both sides wanted to return to the friendly relations of the past, misperceptions regarding the otherâ⬠s government led to escalating tensions (Gleysteen 6). The political interplay was such that Park believed that the U. S. policy toward Korea would shift from human rights and democratization to security, whereas the Carter administration gradually adopted a flexible status quo policy linked to a strategy of offensive intervention. These exchanges in misperceived intentions and mutual suspicions spiraled into political turmoil that culminated in the shocking assassination of Park in 1979. There can be no doubt that although the U. S. pparently had not direct involvement in the assassination, its public statements and support of the opposition helped to fuel and enhance the struggle for Parkâ⬠s demise. The fall of the Park regime and the ââ¬Å"Carter Chillâ⬠are interdependent, and the decline of the Triangular Alliance Security System (TASS) is apparent as Korean politics continued to deviate from U. S. interests. There is a fundamental lack of compromise and miscommunication between the Carter and Park administrations that led to the detrimental effect of unsteady alliance. With this level of tension and uncertainty, relations can only be strained and self-defeating, for they are only encouraging instability in the very region that both are trying to maintain peace in. Judging by the transition of Korean-American relations and the dismal conclusion in 1979, neither side was entirely successful in securing their interests and maintaining a cohesive alliance management. However, the shift to democracy (and consequently, united Korean-American interests) came in 1987 when Korea held its first popular ballot since Park Chung Heeâ⬠s narrow victory in 1971. Since then, Korea has been on a sometimes shaky but determined road to continue democracy that appears to have no end. We see this commitment to democracy in current President Kim Dae Jung, who has had a long and remarkable history in advocating democracy. Throughout his long and volatile political career, Kim has remained staunchly dedicated to his belief in democracy despite constant threat and repression. Kim came very close to winning the popular ballot in 1971 against Park Chung Hee and it was no secret that Park despised and feared him. He was abducted by Parkâ⬠s KCIA in Tokyo and brought back to Seoul bound and gagged, after which he was placed under house arrests and later imprisoned. After Park, Chun continued the vengeance by having Kim arrested and sentenced to death. It was only with the influence of the Reagan administration that Chun reluctantly allowed Kim to live. Prior to 1987, there had been only 2 months since his kidnapping fourteen years earlier when he had been free of house arrest, prison, exile, or some other serious official restriction. In these years of adversity, Kim has had the opportunity to strengthen his convictions and answer major questions facing Korea (Oberdorfer 177). When Kim Dae Jung assumed power as President in 1997, many thought finally. After a political career that has spanned more than 4 decades, Kim was finally able to implement his democratic ideals. Kim was also a U. S. favorite for the presidency for it meant that Korea would strengthen its democratic government and Korea would have a president that the U. S. ould relate to ââ¬â unlike Park Chung Hee in the 1970s. Overall, Kimâ⬠s ascension into the presidency signified increasingly harmonious Korean-American relations into the 21st century. There is perhaps no better assurance of Korean-American political compatibility in the 1990s than Kim Dae Jungâ⬠s article that appeared in Foreign Affairs magazine in late 1994. In order to understand Kim Dae Jungâ⬠s adamantly pro-democracy article titled, ââ¬Å"Is Culture Destiny? â⬠one must first understand the Lee Kwan Yew interview that provoked it. In his interview with Foreign Affairs in early 1994, Lee Kwan Yew, former Prime Minister of Singapore, stated his belief that the primary reason that Asian countries cannot adopt Western democracy is due to the inherent differences in culture. In response, Korean President Kim Dae Jung argues that Asian culture does not oppose the ideals of democracy, but rather, enhances it. He believes that Asian culture in no way hinders the progress of democracy and the resistance of authoritarian leaders and their supporters only obstructs incorporation of such a culture into democracy. And above all, Kim supports the ideals of democracy and promotes it fully throughout his article. Kim asserts that though Lee stresses cultural values throughout his interview, that alone does not determine a countryâ⬠s fate. Furthermore, he believes that Leeâ⬠s view is not only unsupportable but also self-serving. Throughout the article, Kim disputes Leeâ⬠s arguments of incompatibility and implies that Leeâ⬠s ââ¬Å"democracy is incompatible with Eastern cultureâ⬠argument is only used to justify his personal anti-democratic beliefs. The effects of Kimâ⬠s history of political oppression and opposition against authoritarianism can be seen throughout this response. In reply to Leeâ⬠s view that an individual exists within the context of the family, Kim points out that industrialization has brought the inevitable consequence of self-centered individualism. Also, Leeâ⬠s statement that ââ¬Å"the ruler or government does not try to provide for a person what the family best provides,â⬠rejects what he perceives as the intrusive nature of Western governments. In it, Lee claims that this intrusiveness is not suited for family-oriented East Asia. However, Kim argues that this is not true, for East Asian government are much more intrusive than Western governments into the daily affairs of their people. Whereas Western people exercise much more individual liberties than Eastern people, the Eastern governments tend to limit individual behavior. Singapore, for example, strictly regulates activities such as gum chewing, spitting, and littering. Lee even dislikes the ââ¬Å"one man, one voteâ⬠principle that Kim states is a fundamental part of democracy, saying that he is not ââ¬Å"intellectually convincedâ⬠that it is best (Kim 190). Kim goes on to argue that though he cannot disagree with Leeâ⬠s objection to forcing an alien system indiscriminately upon societies in which it will not work, he questions the extent to which democracy is alien to Asian cultures. Contrary to Lee, Kim believes that Asian culture in fact enhances democracy and even contains underlying foundations that are essentially democratic in nature. Similar to the Lockean foundation of modern democracy that gives sovereign right to the people and leaders a mandate to govern through a social contract that the people can withdraw, Asia also has a similar philosophy. Chinese philosopher Meng-tzu preached that the king is the Son of Heaven and is given a Mandate of Heaven to provide government for the good of the people. If he did not do so, the people had the right to rebel and overthrow the government in the name of heaven. A native religion of Korea further advocated that ââ¬Å"man is heavenâ⬠and one must serve man as he does heaven (Kim 190). Kim also describes the ancient political systems of China and Korea in which the government practiced the rule of law and saw to it that all citizens were treated fairly. Powerful boards of censors supported freedom of speech by checking imperial misrule and abuses by government officials. Therefore, he says, the fundamental ideas and traditions necessary for democracy exist in both Europe and Asia. Many Asian countries, including Singapore, became prosperous after they adopted a Western style of free-market economy, which is also an integral part of democracy. In countries where economic prosperity preceded political advancement, it was only a matter of time before democracy followed. The best proof that democracy can work in East Asia, Kim says, can be seen in the fact that despite the resistance of authoritarian leaders, Asia has achieved the most remarkable record of democratization of any region since 1974. This achievement has only been overshadowed by Asiaâ⬠s tremendous economic success. Kim uses the finding of experts who claim that the new economic world order requires guaranteed freedom of information and creativity, things that are only possible within a democracy. Thus, Kim maintains, Asia has no alternative to democracy because it is also a matter of survival in an increasingly competitive world (Kim 192-193). Much to the U. S. ââ¬Å"s pleasure, Kim suggests that Asia look towards the models of the democracy in the West and learn from their successes and failures. He advocates a ââ¬Å"rebirth of democracy that promotes freedom, prosperity, and justice both within each country and among nations, (193)â⬠and using the traditional strengths of Asian society to better the implementation of democracy. Kim says, ââ¬Å"such a democracy is the only true expression of a people, but it requires the full participation of all elements of society. Only then will it have legitimacy and reflect a countryâ⬠s vision. â⬠Policies which strive to protect people from the negative effects of economic and social change will never be effective if imposed without consent, but those same policies will have the strength of Asiaâ⬠s people if decided through public debate. Furthermore, Kim advocates the need to strive towards a new democracy that guarantees the right of personal development for all human beings and the wholesome existence of all living this. As a whole, Asia should firmly establish democracy and strengthen human rights. The biggest obstacle to democracy, Kim asserts, lies not within culture but within authoritarian governments. Coming at the brink of a political comeback, Kimâ⬠s article was in many ways pivotally timed to gain the support of the international community as well as the majority desiring Korean democracy. Through his support of public voice, direct elections, and humanitarian policies, one can clearly see the enormous change in Korean-American political interplay during the course of two decades. Judging by the strength of Korean-American relations in the 1990s in comparison to the faltering one of the late 1970s, one can reasonably conclude that similar principles (rule of law, popular elections, freedom of press and speech) prove successful in stabilizing alliance management. The more positive image of Korea to Americans as the Koreans democratize versus all the scandals (Koreagate) and human rights violations of the 1970s have also served to improve the image of Korea to Americans. Parallel trains of political thought and an enhanced Korean image in America have helped to make the Korean-American alliance far more beneficial and reliable than it was before Parkâ⬠s demise, when it was feared that relations were irreparably deteriorated. More than any other president in Koreaâ⬠s history, Kim Dae Jung personifies the ideals of Western style democracy. In direct contrast to Park Chung Heeâ⬠s rule in the 1970s, Kim Dae Jung supports a political policy that embraces Western ideology. The fundamental points within his argument are in line with primary U. S. interests of democratization, so it is easy to see why Americans would welcome Kim as Koreaâ⬠s leader. Twice in his political history the U. S. intervened to save Kimâ⬠s life and they further showed their support more recently when they pledged economic aid and support for Kimâ⬠s reforms. Thus, the 1990s have seen the vast improvement and strengthening of Korean-American relations while Korea progresses to become independent of the U. S. Democratization is well on its way and unlikely to regress, and Korean-American relations steadily continue to improve. No longer is their alliance merely one in which Korea is a junior ally unable to exert much influence ââ¬â Korea has gradually been able to test the limits of their alliance and exercise more power than ever before. An alliance that started as a U. S. security interest has evolved to become a more interdependent one in which both states will reap the benefits. Kim Dae Jungâ⬠s parting comment, if followed, will forever bind the U. S. and Korea as allies with the same political vison ââ¬â ââ¬Å"Culture is not necessarily our destiny. Democracy isâ⬠(194).
Wednesday, October 9, 2019
A research paper on the 3 largest minority groups in the U.S Essay
The top three largest minorities in the United States are the Hispanic Americans, African Americans, and Asian Americans. The United States 2000 census indicated the total population as 281. 4 million where the 3 minorities represent approximately 30. 1 percent of the population. The purchasing power for the 3 major minority groups in very important n marketing and is provided in this study (Sfm 2008). African Americans African Americans are the second largest group of minorities and heavily contribute in the national politics, social welfares as well as economy. The population has increased in number within the various government and states welfares. This helps the group to advance financially according to the joint center for economic studies survey (Dana 2007). The total population of African American consumers is approximately 36. 4 million which relates to approximately 12. 9 percent of the total population in the country. As a result, targeting these consumers and studying their growth impacts on the multiplication of wealth and properties in the country. A landmark survey conducted in 2008 illustrates increased growth especially in the ââ¬Å"mortgage originations, medium household income, and small businesses entrepreneurs and obtaining of degrees in higher education levelsâ⬠(Sfm 2008). According to census bureau, African Americans have the second highest purchasing power in the minorities with turn over of $532 billion which translates to 73 percent growth as compared to 1990. In the education sector, the number of degrees offered in higher education is hitting three times as much as that of general market. African Americans have made use of the mortgage system to own house hold houses and around 50% of the household resides in their own homes (Sfm 2008). On entrepreneurship and ownership of small and medium businesses, the rate of expansion is five times as much as white Americans where revenues according to a business study conducted has experienced a 60 percent growth. The average age for African Americans is 30 and around 15 percent earns a household income of more than $50,000. The average house hold income in 2008 was $34,000 (Dana 2007). Availability of income influences the purchasing power of an individual. A study conducted in 2007 indicate that around 300, 000 African American house holds has a house hold income of above $100,000. This indicates that approximately 1 in every 6 households in the group earns this income (Dana 2007). For the medium households, the group is experiencing 60 percent growth in comparison to the whitesââ¬â¢ households. This has helped in offering various opportunities for this minority group with a ââ¬Å"mean portfolio size of $115, 000 for each house hold and approximately $57, 500,000 dollars of investment at handâ⬠(Sfm 2008). With the use of statistics for projection, the investment dollars is expected to multiply to $83,375, 000 in duration of five years and attain a mean of $115,920,000 after a decade (MacInnis 2009). African Americans according to the United States population census represent 12. 1 percent of national citizens. This composes of the of all those who have been born in the country and have resided with their families for more than 300 years as well as those who have immigrated from Africa in the recent past. African Americans represent people from the black race (MacInnis 2009). On the regional demographics, African Americans are not clustered in limited areas with respect to other minorities. However, the group is the main driver for the markets in most of the cities in the United States. Report from the United States census Bureau indicates that ââ¬Å"76 percent of the total population in Detroit, 65 percent in Washington and approximately 62 percent in New Orleansâ⬠are African Americans (Sfm 2008). Their population is also evident in various other states including ââ¬Å"New York City, Chicago, Philadelphia, Los Angeles, Houston, Baltimore and Memphis. â⬠For the universities in these states, approximately 78 percent of the students are African American (MacInnis 2009). Extensive migration for the African Americans is being experienced mostly to the south. Various states including Atlanta are experiencing massive economic expansion through the group activities. There are also increased employment opportunities mainly in ââ¬Å"Houston, Dallas, Raleigh-Durham and other states from the southâ⬠which are attracting the African Americans into the region. The region has also cheap real estate, moderate weather and easily affordable way of live (MacInnis 2009). Successive marketing in the African American society requires clear understanding of their culture. The group according to a survey is discerning shoppers and is very careful on quality and satisfaction. They are loyal customers and remain in the brands they use thus a good relationship is required. Appearance in advertisement is very appreciative for the group in the utilization of their talents (MacInnis 2009). The internet is another media form that is widely used by the African Americans through the on line commerce. In investment, the group mainly engages in real estates business and banking sector as opposed to the bonds and stocks which is popular among the whites (Sfm 2008). Hispanic Americans The Hispanic population in the United States the largest minority group and is increasingly growing and thus affecting various sectors. This might be from political to business view. The population for the Hispanics is currently approximately 35. 3 million, approximately 13% of total population according to census department which translates to a percentage growth of 38 percent in comparison to overall population growth of 9 percent (Dana 2007). The population is projected to reach a high of 96 million by 2050 where they will take a quarter of the total population. Among the Hispanics, approximately 2 million people earn more than $75,000 in every year. The average house hold income in 2008 was $40,800 (Sfm 2008). The population has a huge transactional power of approximately $428 billion. This is expected to reach $600 billion in five years. The Hispanics household income is significant and their mean number of people in every household is 3. 6. This also gives an average age of 26. As a result, there is need to understand the groupââ¬â¢s culture for effective marketing (Dana 2007). Majority of the Hispanics originate outside countries. The dominating countries of origin are ââ¬Å"Mexico, Cuba, Puerto Rica, the Dominican republic and various countries in south/central Americaâ⬠(Sfm 2008). The group heavily embarks on their family with much priority hoping to offer the best. Respect of culture with marking of various events is also common with the group. The population like watching sports over the television with professional boxing followed by base ball being the favorite according to a study by MDI (Dana 2007). The United States census bureau indicates that majority Hispanics, approximately 80 percent reside mainly in five states. However, around 59 percent reside in ten states including ââ¬Å"Los Angeles, New York, Miami, San Francisco, Chicago, Houston, San Antonio, McAllen, Dallas, Worth and San Diegoâ⬠(Sfm 2008). For effective marketing in the group, products relevant to their culture provide a consolidated base and increased number of customers. Products that would address family matters and its importance are also marketable in the Hispanics (Dana 2007). Language is very important for the Hispanics and they prefer the use of mother language thus advertising of products should be done with Spanish speaking media rather than English speaking media (MacInnis 2009). Creation of friendship and one to one contact with the customers is required due to relationship orientation by the group (Dana 2007). This would also call for recruitment of Hispanic personnel. Considering that around 30 percent of Hispanic population is below 18 years of age customization of vehicles is advisable. In the universities, approximately 21 percent of undergraduate students are Hispanic (Sfm 2008). Asian Americans Asians represents various nationalities including ââ¬Å"Japanese, Chinese, Koreans, and Asian Indians. â⬠In the United States, Asian Americans total to 11. 9 million which represents 4. 2 percent of the total population. This is projected to get to 35 million by 2050. The Asian Americans have a high purchasing power of approximately $300 billion annually (Louis 2010). Asian Americans have a mean age of 33 years where more than half of population aged 25 and above are married. The population strongly values their family. The Asians have a multi generational type of house holds with mean of 3. 8 per household (Sfm 2008). Majority speaks their mother language and educate their students on language schools mainly Chinese. Majority of the Asians are entrepreneurs with long working hours with reduced leisure shopping. They are ranked as the lowest group in leisure related activities. Due to their increased hard work, they are the highest income earners in the United States. The average household income for the Asians is was $66,900 in 2008 (Louis 2010). In the education sector, Asians household have the highest education level with comparison to the various other groups. It was reported that 38 percent of the Asians Americans have a degree certificate (Sfm 2008). Effective marketing in the Asian American population require intensive knowledge as well as preparation in addition to staffing from the group. In the advertising a number of agencies have already been established that specializes in the Asian American markets. Ethnic group members play the advertising procedure thus one requires understanding of community as well as language for excellence. The strong language preference has led to the growth of Asian media in the United States with increased Asian language television, radio, newspapers, and magazine (Sfm 2008). Asians reside in a few states and this provides n easier communication program for the population. Among the key states where Asian American resides include ââ¬Å"California, New York, and Texasâ⬠(Louis 2010). They also reside in Los Angeles and San Francisco but in reduced numbers. Filipinos are more so concentrated in Los Angeles whereas the Chinese are in New York City. For the case of San Francisco, the two are concentrated. The Asian population is also expanding in ââ¬Å"Washington, Seattle, Houston and Dallas. This is as a result of technological expansion and other investment gains (Louis 2010). References Dana, L. P. (2007). Handbook of research on ethnic minority entrepreneurship: a co- evolutionary. Massachusetts. Edward Elgar Publishers Louis E. Boone, David L. Kurtz. (2010). Contemporary Business 2010 Update. New York. John Wiley & Sons MacInnis, D. J. , Park, C. W. , & Priester, J. W. (2009). Handbook of brand relationships. New York. M. E Sharpe publishers. Sfm. 2008. Article accessed from http://www. sifma. org/services/hrdiversity/pdf/African. pdf
Tuesday, October 8, 2019
Contract Law Degree Case Study Example | Topics and Well Written Essays - 1000 words
Contract Law Degree - Case Study Example The case is similar to that of Bad Wound v. Lakota Community Homes, Inc., 1999 SD 165, 9, 603 NW2d 723, 725 Rupert has full right to demand Herbert to settle the payment as per the terms of contract. Rupert has fulfilled all provisions of the contract to the full satisfaction of Herbert.As such Rupert has not violated the terms of contract and has fully satisfied the clauses of the contract. Hubert has evidently declared that Rupert has satisfied the terms and is content with the work he has done. So, Rupert has the full right to demand the actual cost with a 10% of deduction. If Hubert fails to give the remaining 15% of the costof the listed items Rupert can very well move the court demanding the same.The court will direct Hubert to pay him the remaining amount with or without bank interest. Rupert must move the court for claiming the amount unpaid by Hubert. The law of tort is regarded as a legal injury. It establishes the situations under which an individual might be held legally responsible for another's injury as a result of either deliberate acts or accidents. Consequently, on these grounds, in England, the traits were first established by the principles of Roman law several centuries ago. This legal system of domestically dealing with assault and battery was based on nominate torts. Nominate tort is a sharp contrast to the open Continental approach to tortuous liability. Thus, to constitute a tort the following conditions have to be satisfied: The wrong doer must have committed some omission on his/her part. Such acts or omissions on the part of the wrong doer must result in violation of legal rights of the aggrieved. Torts can be categorized into three groups. They are: 1. Intentional torts (e.g., deliberately harming a person); 2. Negligent torts (inducing an accident by not obeying traffic rules); and 3. Strict liability torts (e.g., liability for being aware of the defects in making and selling the products). The Law of Tort with regard to negligence is being examined in this essay. Negligence The law of negligence was originated in a court case Donahue v Stephenson (1932) in which a woman named Donahue suffered from gastro-enteritis after drinking ginger beer from a bottle which contained a dead snail. She took legal action for damages for personal injury. The judge who heard the case was Lord Atkins, and he ruled for the first time ever, that the manufacturer of the ginger beer had a 'duty of care' for the safety and well being of Donahue, notwithstanding that it was her friend who had actually bought the bottle, and in allowing a snail to remain in the bottle of ginger beer, the manufacturer had been negligent. The scope of the duty of care in negligence was defined by Lord Atkins in this case. He found: "You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbor. Who, then, in law, is my neighbor The answer seems to be persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being affected when I am directing my mind to the acts or omissions which are called in question." Breach of the duty of care was best conceived and summed up in Blyth v Birmingham
Monday, October 7, 2019
Forensic Analysis of Soil Assignment Example | Topics and Well Written Essays - 1500 words
Forensic Analysis of Soil - Assignment Example Soils develop on these accumulated sediments because of physical and chemical weathering. The characteristic of the uniqueness of the soil such as horizon that has unique physical and chemical properties, color, structure, and texture are the common features that and in forensic analysis. Techniques currently used to characterize soil samples rely on either physical descriptors such as color, density gradient, particle size determination, and microscopy or chemical analysis chemical analysis such as elemental composition. However, these characterization techniques are not adequately capable of investigating organic compounds present in the soil. On the other hand, Fourier Transform Infrared Spectroscopy (FTIR) technique involves collecting a range of soil sample that has already undergone oxidative pyrolysis hence all organic have been degraded. This spectrum is spectrum is subtracted from the spectrum of the same sample that contains the organic prior to pyrolysis. The result IR spectrum represents the organic portion of the sample. Samples of soil collected from within the agriculture site where the murder scene is committed to the victim. After soil samples are collected from the surface to 3.4 below, the sample from the scene is compared with various color layers of different places several miles from the ââ¬Ëagricultural siteââ¬â¢ of the scene. Each sample is compared to every color in the Munsell Color Chart and is assigned a Munsell value. A second examiner later confirms each color assignment. The assigned values help to indicate the soil color both before and after pyrolysis is similar within the ââ¬Ëagricultural siteââ¬â¢. Color is a useful tool to distinguish soils that do not share a common color to show that they do not have a common source. Lastly, those soil samples that cannot be distinguished using color are submitted to a more rigorous analysis to eliminate common provenance.
Sunday, October 6, 2019
IT Project Management Assignment Example | Topics and Well Written Essays - 750 words
IT Project Management - Assignment Example Besides being a way of reducing costs for organizations, outsourcing is a crucial aspect of growth and a strategic service. Basically, outsourcing comprises of reassigning at least one business process to an external vendor or service provider. Often, organizations outsource specific functions that were originally part of organizational departments. The specified functions focus on business core competencies with good and clear reasons driving such actions. The four key reasons for outsourcing are outlined by Axelrod. Cost efficiency is associated with saving money and reducing operating costs. Outsourcing grants organizations access to world class skills and capabilities that enable them to tap from the best examples within their industry translating to low costs and high quality. Additionally, reduction of operating costs eliminate debts, falling profitability, and low expansion opportunities. Secondly, outsourcing allows business to utilize shared knowledge accumulated by the IT s ervice provider over years of experience in the field. Additionally, the service provider has a unique mix of skills and talent that can successfully manage a project, unlike in-house department. Thirdly, outsourcing controls legal risk or improves compliance since the service provider assumes and manages some of the risks of the business. Additionally, a service provider understands the industry requirements in and out and these assists prevent instances of costly mistakes resulting in an agile, dynamic, and flexible business.
Saturday, October 5, 2019
Triumph of The Will - film by Leni Riefenstahl Research Paper
Triumph of The Will - film by Leni Riefenstahl - Research Paper Example The film that was purportedly made under Hitlerââ¬â¢s instructions (his name appears in the titles) contains extracts of speeches delivered by theà Nazi leadersà and includes speeches byà Hitler that are intermixed with footage of the gathered supporters. The main theme of this documentary was to instill a belief amongst the viewers that Germanyà would return asà a super power under Hitlerââ¬â¢s able leadership. Despite the director Riefenstahlââ¬â¢s claims that the film was a documentary, after its release in 1935, it was held as more of propagandaà film and was considered as one of the best propaganda films made in the history of cinematography.2 The techniques used in the movie like creating distorted images using a long focus lens, moving cameras, use ofà aerial photography, and the innovative mix of cinematography with music (a new and revolutionary concept at that time) turned it into one of theà greatest films ever made.3 The film won many awards in Ge rmany and in other parts of the world, the US,à and it continues to influence documentaries and films even in the twenty-first century.4 This research paper explores the various facets of the movie, examines the concepts of art, documentary and propaganda, and analyses what transforms a documentary into a propaganda film. It will review various available literatures to derive that this film, despite claims by the director, is a documentary propaganda that attempted at portraying the Third Reich in a positive light. Discussion Films used as a popular medium for propaganda Propaganda manifests itself in various ways and during the years prior to WWII (1930s) its shape was framed by the place where it occurred, that is, Germany or the UK (the two main powers during the WW era). This is evident in the movies Night Mail by Harry Watt and Basil Wright, and Triumph of the Will by Leni Riefenstahl that revealed various ways in which propaganda can be used to influence viewers. Propaganda has a negative outlook from an overall perspective, given its adverse effect on mass viewers as well as individual audiences, which is evinced even in the 21st century. The term by itself tends to carry a disagreeable connotation; however, propaganda (under any conditions) can be classified as good or unpleasant depending on the benefits of the cause being portrayed through it and the degree of correctness of the information that is being relayed. In this context, it is interesting to note what Barnays wrote in his essay, ââ¬Å"In itself, the word ââ¬Å"propagandaâ⬠has certain technical meanings which, like most things in this world, are ââ¬Ëneither good nor bad but custom makes them so.ââ¬â¢Ã¢â¬ 5 He defined the process as ââ¬Å"a consistent, enduring effort to create or shape events to influence the relations of the public to an enterprise, idea or groupâ⬠¦This practice of creating circumstances and of creating pictures in tem minds of people is very commonâ⠬ ¦Sometimes the effect on the public is created by a professional propagandist, sometimes by an amateur deputed for the job. The important thing is that it is universal and continuous; and in its sum total it is regimenting the public mind every bit as much as an army regiments the bodies of its soldiers.â⬠6 Propaganda, which through the different eras were used to "to produce and spread fertile messages that, once sown, will germinate in large human cultures,â⬠à took in a new form in 20th century, where propaganda were used mainly by the ruling political orders and desire to pass information that would ââ¬Å"sway relevant groups of people in order to accommodate their agendas.â⬠7After the Lumiere brothers (1896) successfully used a film for propaganda, it became a popular tool for the various state governments and other non-state actors
Friday, October 4, 2019
Entrepreneurship Essay Example | Topics and Well Written Essays - 250 words - 18
Entrepreneurship - Essay Example Choremonsters is striving to eliminate the tension experienced by parents when it comes to coordination of household chores. The innovation helps parents to communicate with the children and direct them on various chores. Children have an application that is linked to the childââ¬â¢s application thus improving coordination or cooperation between the parent and the child. This ostensibly makes it easy for the parent to be acquainted with their childrenââ¬â¢s performance on various chores when away from home. Moreover, Choremonsters is overcoming the ineffectiveness of chore charts. The application teaches the children how to do various tasks at an increased efficiency as compared to the traditional chore charts which children find hard to understand. Choremonsters also solves the problem of having to put excessive efforts to have the children perform chores. This niche has been in existence as there has been no application that has successful been able to digitally connect the child in such a way that enables the child to easily retrieve programmed
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