Scientific paper on a specific management issue Assignment

Scientific paper on a specific management issue - Assignment Example been significant transformation in regard to business that originated from enhanced communication, digitization as well as globalization, and this transformation has considerably changed the nature of different organizations and the manner in which they carry out their daily operations. These changes affect all the industries, therefore, embracing and adapting to these changes is important to the development and growth of businesses. The managements of companies all over the world that are not national firms anymore but have subsidiaries in numerous countries are rapidly becoming multi-national enterprises. Therefore, companies from any nation are now in competition with those operating not only in their local markets but also in the global markets. The ties companies initially had to specific locations are reducing with the increased spread of operations and allies all over the globe. Starting and operating subsidiaries in foreign nations needs a lot of interaction with the domestic environment since the subsidiary gets majority of its resources from the local environment. The national culture of the country that a subsidiary is operating in sets the standard for acceptable social behavior and this affects the sourcing of workers making a study of the national culture important to the establishment of subsidiaries as well as their operation. In this context, this study seeks to identity the impact of national c ulture on patterns of staffing for subsidiaries. Based on the dissimilarities associated with national cultures, the staffing approach taken in the home nation and host nation may be significantly different. In order to assess this, an appreciation of culture, what is meant by the culture of a nation, what is staffing and the manner in which staffing is different in various cultural contexts must be developed. In order to appreciate national cultures and the level to which they affect businesses especially subsidiaries, it is imperative to develop an

The Heart of Darkness Essay Example for Free

The Heart of Darkness Essay The Heart of Darkness is a novella written by Joseph Conrad. In this book the main character, Marlow, ventures up the Nile River to find a man named Kurtz. As he continues his journey up river he experiences a vast range of emotions and situations that are putting him to the test to see if he can keep his sanity. One of the situations he encounters are the natives of the Congo. At first they are seen as the primitive savage-like people that live in the darkness of Congo. Their way of life seems so out of the norm that there is no way that Marlow could ever understand or feel equal with them. As his journey continues to find Kurtz, he starts to understand their way of life and figure out the meanings of darkness. In the heart of darkness, Joseph Conrad uses the narrator, Marlow, to portray the evolution of mind on how the idea of darkness is a misconception, and by the end of the novella, the once â€Å"primitive savages† are in reality Marlow’s equals. In the beginning of the voyage up the river Marlow’s mindset on the natives is more of, they live an uncivilized life, killing their own people. Marlow thinks his way of life is more civilized. Eating with forks, wearing shoes. But what Marlow doesn’t see is the point of view of the natives. He doesn’t take into consideration of their definition of norm, their definition of civilized. Marlow thinks that his way is the only right way. The natives are civilized in their own way. The way they were brought up and the way they live. Later on in the journey Marlow’s traditional views of imperialists starts to fade, the people that don’t see the conquered natives as humans. â€Å"It was unearthly, and the men were-No, they were not inhuman. Well, you know, that was the worst of it-this suspicion of their not being inhuman. It would come slowly to one. They howled, and leaped, and spun, and made horrid faces; but what thrilled you was just the thought of their humanity-like yours- the  thought of your remote kinship with this wild and passionate uproar. Ugly. Yes, it was ugly enough; but if you were man enough you would admit to yourself that there was in you just the faintest trace of a response to the terrible frankness of that noise, a dim suspicion of there being a meaning in it which you-you so remote from the night of fist ages-could comprehend† He starts to develop a tiny kinship with the natives. He starts to understand their screams. Marlow develops a place in his mind that understan ds where they are coming from and that everyone has some barbarian inside them. Its natural and it is normal. At the end of the journey Marlow doesn’t consider the natives his equal. He views them more as animals or pets. That you can teach them but and they can learn the meaning but not the significance. Essentially it’s like a parent trying to get their kid to stay in bed by telling them there is a monster under it. They will learn commands but they will not reach the full level of sophistication that he has.

Evolution of Banking Law Practice

Evolution of Banking Law Practice The society has a general understanding on what a bank is, it is a concept engrained in most peoples mind involving an institution and money. This generally accepted perception simplifies the identification of a bank in the general population. The law, in different jurisdictions around the world has however failed to make substantive definitions of a bank. The difficulty arises due to the difficulty in distinguishing banks from other institutions undertaking financial practices. This ambiguity and the resulting disparity has resulted in different legislations defining a bank in their own context and meaning, the definition of a bank varies subject to the objectives and variations in different financial practices across different Jurisdictions. [1] Halsburys Laws of England defines a banker as: [2]a person or company carrying on the business of receiving moneys, and collecting drafts, for customers subject to the obligation of honouring cheques drawn upon them from time to time by the customers to the extent of the amounts available on their current accounts. The Supreme Court of the United States in the Austen[3] case defined a bank as: A bank is an institution, usually incorporated with power to issue its promissory notes intended to circulate as money (known as bank notes); or to receive the money of others on general deposit, to form a joint fund that shall be used by the institution, for its own benefit, for one or more of the purposes of making temporary loans and discounts; of dealing in notes, foreign and domestic bills of exchange, coin, bullion, credits, and the remission of money; or with both these powers, and with the privileges, in addition to these basic powers, of receiving special deposits and making collections for the holders of negotiable paper, if the institution sees fit to engage in such business. In the Uniform Commercial Code,[4]a bank is defined as a person engaged in the business of banking, including a savings bank, savings and loan association, credit union, or trust company. The Banking Act of Kenya 1991[5] Defines a Bank as; a company which carries on, or proposes to carry on, banking business in Kenya but does not include the Central Bank of Kenya. The definition is interesting. By excluding the Central Bank of Kenya 1984[6], it has given the CBK autonomy to be governed by the Central Bank of Kenya Act, the exemption aims to ease the objectives of the bank as the central regulating body in the country It further defines banking business as; the accepting from members of the public of money on deposit repayable on demand or at the expiry of a fixed period or after notice; the accepting from members of the public of money on current account and payment on and acceptance of cheques; and the employing of money held on deposit or on current account, or any part of the money, by lending, investment or in any other manner for the account and at the risk of the person so employing the money. It is apparent that there are similarities in the definition of a Bank and in commonwealth countries and other jurisdictions. Accepting of deposits, holing current accounts and the use of the depositors money for investment give a general and basic understanding of what a bank is. Under common law the earliest attempt to define a bank was made in the landmark case of United Dominion Trust v Kirkwood[7]. The case involved the defendant who was the managing director of a company that financed the purchase of cars through loans from the plaintiff. The defendants argued that the plaintiff was not registered under the Money lenders Act 1900 and 1927, and so were not entitled to recover the money or enforce the security of the loans. The plaintiffs claimed that as bankers they were exempted from the provisions of the money lenders Acts.The Main issue for determination was the status of UDT. Mocatta J held: Words banking and banker may bear different shades of meaning at different periods of history and their meaning may not be uniform today, in countries of different habits and of different degrees of civilisation This holding emphasizes that the definition of a bank is a matter of context. On appeal, Lord Denning[8] held in favour of the plaintiffs. He described a bank as; An establishment for the custody of money received from, or on behalf of, its customers. Its essential duty is to pay their drafts on it: its profits arise from the use of money left unemployed by them. Lord Denning defined the characteristics of a bank in accordance with the banking practices: They accept money from, and collect cheques for, their customers and place them to their credit, they honour cheques or orders drawn on them by their customers when presented to payment and debit customers accordingly, they keep current accounts or something of that nature, in their books in which the credit and debits are entered. These guidelines set out by Lord Denning made a profound effect in the banking industry that eventually became accepted principles under common law. It is important to note that banking practices have changed as they are not rigid, and constantly evolve with time and circumstances. The principles laid down by Lord Denning set a foundation for subsequent principles and legislation to be built on. In District Savings Bank Ltd ex parte coe[9]Turner LJ held that a savings bank was not considered to be carrying on a banking business as it did not operate current accounts albeit it provided some banking services. And as such its business differed from ordinary banking practices. In the Re Shields Estate[10],the court emphasized on the use of deposits by customers with the aim of making profit. The essence of trade, or business is not in not essential to be found in the mode of in which it disposes of the money which is deposited with it but by the means in which money belonging to others is received.[11] In the case of Bank of Chettinad Ltd of Colombo v inland Revenue Commissioners of Colombo[12]the privy council said that the test for determining whether a branch of a non-resident bank could itself be described as a bank was whether it: Carried on as its principal business the accepting of deposits of money on current accounts or otherwise, subject to withdrawal by cheque, draft or order. Under UK law, the ability to operate current accounts is essential. It is the material evidence of the link between the bank and a customer. It also forms the foundation basis of the relationship and defines the terms of conduct and practice. Current accounts are also a useful tool for taxation and accountability as they give a detailed record of an individuals financial status and transaction. Contrast can be observed between the definition of a bank under Section 2 of the Banking Act 2009 and the UCC[13], the UCC defines a bank asa person engaged in the business of banking, including a savings bank, savings and loan association, credit union, or trust company. The former defines a Bank as an institution which has permission under Part 4 of the Financial Services and Markets Act 2000 to carry on the regulated activity of accepting deposits (within the meaning of section 22 of that Act, taken with Schedule 2 and any order under section 22). It however lists exception: (a) a building society (within the meaning of section 119 of the Building Societies Act 1986), (b) a credit union within the meaning of section 31 of the Credit Unions Act 1979, or (c) any other class of institution excluded by an order made by the Treasury. A Credit Union is a bank in the United States, unlike in the UK where the Act expressly exempts it. This shows the difficulty in coming up with a uniform definition due to a difference in jurisdiction, policies, laws and banking practices. The sovereignty of country allows it to regulate its borders at its discretion making a unified definition almost impossible. To fully understand the issue, it is prudent to look at the historical approach to banking. The Money Lenders Act 1900 and 1927 provided exemptions to persons who undertook banking business under the Money Lenders Act. It gave ambiguous description of a bank or banker to be any: any person bonafide carrying on the business of Banking.[14]Section 2 of The Bills of Exchange Act 1882 provides the term bank to include: any Body of persons, whether incorporated or not, who carry out the business of Banking Section 2 of the Banking Act 2009 emphasizes on regulation of banking activities relating to accepting deposits (within the meaning of section 22 of that Act, taken with Schedule 2 and any order under section 22. [15]The statutory definition differs from the common school of thought by putting emphasis on a licenced institution. This shows regulation is an integral part in all jurisdictions in todays banking system. A bank as an institution enjoys, a degree protection from the law, section 4 of the Cheques Act 1957 absolves bankers from liability from the true owner when they carry out transactions for a customer who has a defective title. Section 80 of the Bills of Exchange Act 1882 protects the Bank in the event a crossed cheque drawn in good faith and without negligence is paid to the payee. This limited liability facilitates transactions, if banks were held liable for every defective transaction carried out in good faith then the banking business would come to a halt. In summary, a bank can therefore be defined as an institution licensed to collect deposit and perform financial transactions, including honouring cheques, running current accounts, and using deposits to make profit. Banking business The history of Banking business in the UK can be traced back to the 17th Century where Goldsmith bankers who begun to develop basic principles of banks as deposit takers and money-lenders.[16] Banking business is the regulated activities carried out by an institution. These activities have to be regulated in order to protect customers and the financial market. Banking practices are not constant, their definitions differ with time. Competition from other financial institutions has led to the expansion of the scope of banking activities beyond the core objectives of the bank due to the entrance of financial institutions into the market that was originally the preserve of banks.[17] Under common Law definition the courts have established three cardinal principles relating to banking business. Banking business Changes with time, varies with respect to jurisdiction; and Is influenced by public opinion[18].Banking business and practices evolve with time, subject to change in order to meet market requirements and customer demands. Banks must adapt and widen their scope in order to be profitable and stay relevant. In Banbury v Bank of Montreal[19] Lord Parker Held that offering financial advice was not within the scope of the bank at the time, and establishing whether giving financial advice on investments was part of banking business. This was however overruled by Salmon J[20] when he stated: The nature of such a business must in each case been matter of fact, and accordingly, cannot be treated as if it were a matter of pure law. What may have been true of the Bank of Montreal in 1918 is not necessarily true of martins Bank in 1958. In the event of establishment of a banker-client relationship, a duty of care is owed and as such offering financial advice was within the scope of banking business. With time, it was accepted that offering financial advice constituted part of banking business due to the duty of care that arises from the banker-client relationship.[21] With respect to jurisdiction it was held that a financial institution that is regarded as engaging in banking business in one jurisdiction is not necessarily so considered elsewhere.[22] , a financial institution that was recognized in another country did not meet the English requirements for a bank as it did not also carry out the requisite activities within the United Kingdom. According to Irish[23] and Australian[24] authority, an institution that accepts money on deposits from the public for the purpose of relending it carries on banking business, In the absence of current accounts and the chequing system. In contrast, running current accounts is an essential feature of banking business in the United Kingdom and other common law jurisdictions[25]. Reputation also has influenced determining an institutions status as a bank, an institution that is generally known as a bank will carry the assumption that it is engaged in banking business. In the case of United Dominion Trust v Kirkwood[26] although the evidence shown did not prove that UDT was operations were in the current banking practices, Harman L.J in his dissenting judgement stated that the evidence of its reputation of carrying on the business of banking in London was not sufficient. Lord Diplock and Lord Denning took a different policy based approach they held that a reasonably minded commercial mans perception and acknowledgement of an institutions banking practice is acceptable. Furthermore, if a city perceived an institution as a bank, it enjoyed certain privileges that came with the title The regulation of banking business has been a widely-accepted principle in most Jurisdictions. Historically there was little Legislative control of the banking sector in the UK, the substantive piece of legislation in place at the time was section 4 of the Banking Act 1946: Which gave the Bank authority in the interest of the public to acquire information and make recommendations to bankers and with the authorisation of the treasury give directions to bankers. This however changed with the enactment of the Banking Act 1979 and 1987, the new laws introduced regulation of deposit-taking institutions that had to obtain Authorization to Operate. The permission to operate regulated activities under Section 22 of the Financial Services and Markets Act 2000 is obtained through part IV of the Act. Section 3 of the Banking Act 1987 prohibited deposit taking by a business without express authorization from the Bank of England. This section is integral in the UK banking as it introduced an authoritative supervisory role over banks carrying out activities within the meaning of banking business. There was little[27] supervisory powers conferred on the Bank of England during this time and the bank justified the success of the London Banking business as a financial hub due to the freedom and flexibility provided in the UK banking sector[28] The Banking Act of 1987 was eventually repealed and the Financial Services and Markets Act 2000 through section 22 and Schedule two required institutions undertaking banking business, including deposit taking to obtain authorization beforehand. The First Banking directive by the EU under Article 3 provided that[29]:Member States shall require credit institutions subject to this Directive to obtain authorization before commencing their activities. This Directive influenced the enactment of the Banking Act 1979 and adoption of some of the restrictive measures under section 3 of the Act, these included the need for authorisation before accepting deposits from clients. The same applies in civil Jurisdictions, in Switzerland, Article 3 (1) of the Federal Act on Banks 1934 and Savings Banks of Switzerland states; Banks are required to obtain a licence from the Banking Commission prior to engaging in business operations; they may not register with the Register of Commerce before such licence has been granted. However, per Elinger,[30] entities in the United Kingdom do not require a license to engage in banking business. I disagree with this view as the Financial Services and Markets Act 2000 Lists regulated activities which constitute banking business in todays time. Entities that intend to carry out these activities must obtain permission beforehand. Permission is a license or liberty to do something synonymous to authorization[31]. It is an accepted practice in civil and common law jurisdictions for entities engaging in banking activities to obtain a licence from the relevant authority. The license is essential as it ensure banks operate in acceptable standards. Regulation protects both banker and customer interests. The protection gives depositors confidence to deposit their money for safe keeping and investments among other financial services. Regulation of banks in the UK has a come a long way and in the wake of the global financial crisis of 2007-2008.The Prudential Regulation Authority was established as part of the Bank of England through the Financial Services Act 2012 whose primary objective is promote the safety and soundness of the firms it protects.[32] The supervisory role has become a popular feature in most countries after the global financial crisis. Other countries such as the United States that are plagued with financial crisis adopted an independent supervisory approach to monitor its financial institutions. The Sarbanes-Oaxley Act 2002 was introduced in the wake of the Enron scandal. The Act introduced mandatory supervision by independent external auditors. Some scholars have argued that independent supervision is better as political factors and lobbyist cannot influence it. Others claim that the method is expensive and ineffective in third world countries.[33] Regulation and supervision is important as it creates a sense of stability and protects the banks and the depositors. The Global financial crisis of 2008 is a testament of what happens when banks overreach. Banker-Client Relationship The contractual relationship between bankers and customers is a complex one founded originally upon the customs and usages of bankers. The courts acknowledge these norms and as such they are recognized as implied conditions[34]. The relationship can arise out of implied or express conditions. Implied conditions are established through statutory and judicial instruments. Express conditions arise out of the law of contracts. As with Bank and Banking Business there is no definitive definition of the term customer. The Financial Services and Markets Act 2000[35] defines a customer in relation to an authorized person, means a person who is using, or who is or may be contemplating using, any of the services provided by the authorized person which is a bank within the meaning of the Act. The definition refers to a relationship arising out of services provided by a bank to its customer. This is a key component to its definition as it was described in the case of Commissioner of Taxation v. English, Scottish and Australian Bank Ltd.[36]A case involving the theft of a cheque payable to the Commissioner of Taxes, paid into an account with the defendants bank. Lord Dunedin[37] stated that the word customer signifies a relationship in which duration is not of the essence. A person whose money has been accepted by a bank on the footing that they undertake to honor cheques up to the amount standing is a customer of the bank irrespective of whether his connection is of short or long standing. The contract is not between a habituà © and a new comer, but between a person whom the bank performs a casual service, such as for instance, cashing a cheque for a person introduced by one of their customers, and a person who has an account of his own at the bank. The opening of an account expressly establishes a banker customer relationship. The transaction involves contractual obligations and as such governed by contract law. Like any other contract, specific conditions must be met for a contract to be valid, one of them being the willingness to enter a legally binding agreement. The question that rises is whether a banker customer relationship can be established through fraudulent means.   In the case of Marfani Co. Ltd v Midland Bank Ltd[38] the court of Appeal held that a relationship cannot arise if the account was opened by a fraudster who had no intention of getting into Banker-Customer relationship. In Stoney Stanton supplies (Coventry) Ltd v Midland Bank Ltd[39] In which a A forged the signature of B Ltds directors in order to open an account in the companys name, it was held that no banker customer-relationship existed between B Ltd and the bank[40]. Analysis of these findings from a contractual point of view shows that a relationship did not exist from the beginning, a contract is voidable if one of the parties does not intend to enter the agreement, or if it a misrepresentation occurred. In summation, the same principles that govern the validity of a contract apply to the establishment of a banker customer relationship through opening of an account. The landmark case that set the precedence in the nature of a banker customer relationship is Folley v Hill Others[41]. Where a customer opened an account, and deposited 6,117 pounds with an agreement that it would attract an annual interest. After 3 years, no interest was credited and the customer brought an action against the bank to recover all sums owed to him on the grounds that he was either a beneficiary of a trust or the banks principal. The house of Lords refuted this claim and stated that the relationship that arises out of this transaction, is one of a debtor-creditor relationship with an added obligation to repay the money upon demand, and the best course of action would be to instate debt recovery proceedings under common law. Lord Cottenham said;[42] The money paid into the bankers, is money known by the principal to be placed there for the purpose of being under the control of the banker; it is then the bankers money; he is known to deal with it as his own; he makes what profit he can, which profit he retains to himself. He went on to say that the bank had to repay to the principal, when demanded, a sum equivalent to that paid into his hands. Several important factors can be discerned from this judgement. Firstly, there is a shift of possession when money is deposited to the banker in a current account. The customer lends a certain amount of funds to the banker, that is to be refunded upon demand. The banker can then use the money in whatever means and has no obligation to account for his transactions. Secondly the nature of the relationship differs with different circumstances As Lord Brougham took this into account and stated:[43] It is a totally different thing if we are to take into consideration certain acts that are often performed by a banker, and which put him in a totally different capacity, for he may, in addition to his position of banker, make himself an agent or a trustee towards a cestui que trust. In todays banking practices the scope of the banking business has widened with time. Customers deposit valuable items for safe keeping with banks, a bailment relationship arises where the bank is a bailer and the customer is a bailee, in this situation, a banker has no authority to use the items kept in his care for his own use. This situation can be contrasted with the debtor-creditor relationship discussed above, there is fundamental difference in circumstances. Another example is with standing orders, when a customer instructs his bank to make payments to a third party, an agency relationship arises with the client as the principal and the banker as the agent. The Banker Customer relationship gives rise to fiduciary duties. Fiduciary relationships arise when a party places trust in and relies on the other because he or she is reasonably entitled to do so in the circumstances, or because the reliant party is in a position of vulnerability, subordination or information inequality.[44] This vulnerability Gives rise to the duty of Loyalty. A customer expects a bank to prioritize their interests and avoid situations that invite a conflict of interest. As the saying goes, a customer always comes first. This happened in Woods v Martins Bank Limited[45] where the bank advised one of its clients to invest in one of the banks customers facing financial difficulties. The bank may have unconscionably shifted a bad risk from itself to the customer who provided the security or guarantee[46] In Bristol v West Building Society v Mothew[47] a case that involved a solicitor who represented the building society and the borrower and failed to inform the building society that the borrower had secured a second mortgage on the property. Millet LJ defined the nature and role of a fiduciary by stating[48] A fiduciary is someone who has undertaken to act on or on behalf of another in a particular matter in circumstances which give rise to a relationship of trust and confidence. The distinguishing obligation of a fiduciary is the obligation of loyalty. .A fiduciary must act in good faith; he must not make profit out of his trust; he may not act for his own benefit or the benefit of a third person without the informed consent of his principal. This definition is concise and touches on the defining characteristics of a fiduciary relationship. A bank must exercise his activities on behalf of the customer in good faith with the clients best interest. This obligation under common law is intended to protect customers who are not cognisant with banking transactions and investments. In the absence of it, customers would be prone to manipulation. In the event of a breach of a fiduciary duty, a customer may claim a breach of duty of care. Such an implication can arise either at common law or by virtue section 13 of the Supply of Goods and services Act 1982 which states that within the ordinary course of business the supplier will carry out the service with reasonable care and skill.[49] The confidential nature of a Banker-Client relationship is a traditionally known concept. The same is seen today in caveats in correspondence between Banks and Clients. In Tournier v.National Provincial and Union Bank of England,[50]a bank manager disclosed the gambling habits of one of its clients to his employers that eventually led to the termination of his employment. The Plaintiff brought an action for breach of the duty confidentiality. The court held that the bank owes a duty of secrecy to the customer. Atkin LJ particularly said the duty of secrecy must extend to at least to all the transactions that go through the account and that duty extended beyond the period when an account was closed or ceases to be an active account. This duty however comes into conflict with the duty to disclose to the public. The banks have a duty to disclose information on accounts that are involved in illegal transactions and against public interest and peace. The three panel Judge was unanimous in this conclusion. Bankes LJ[51] said that danger to the state or duty to the public may supersede the duty of the Agent to his principal. Scrutton LJ[52] added on this by saying a bank may disclose the customers account and affairs to prevent frauds and crimes and finally Atkin LJ[53] summed it up by stating that the right to disclose exists to the extent to which it is reasonably necessary for protecting the Bank, or persons interested, or the public, against fraud of crime. Conclusion The definition of Banks and Banking practices has proved to be elusive for some time. Similarities can be made with the law with the acceptance that banking practices are as Dynamic as the laws that govern them. A definitive approach is not necessary. Bankers and legislators should refine and improve on practices in a progressive manner. Strict compliance to regulation is essential to maintain a healthy financial market and avoid scandals arising from banking malpractice. Table of Statu

Heart of Darkness and Things Fall Apart Essay -- comparison compare co

My interest in Joseph Conrad is centered around understanding what brought him to the Congo and how the events that transpired there influenced his attitudes in Heart of Darkness. I also wanted to gain a greater understanding of the historical events that led to the colonization of the Congo. This interest is basically grounded in the fact that prior to my exposure to Heart of Darkness and Things Fall Apart, I knew virtually nothing about what actually led to the colonization of the area. It is my hope that through researching these areas I will have a deeper understanding of the two novels that focused on the Congo. In the article, "Post-colonial Literatures and Counter-discourse," Helen Tiffin raises a number of issues in regards to the hybridization of the colonized and how European universals invariably clash with that of the native. From the very beginning of the article, Tiffin notes that there is a "call to arms" (so to speak) that encompasses the "demand for an entirely new or wholly recovered 'reality,' free from all colonial taint" (95). This hope is idealistic, especially when evaluating the role that the English language plays in the lives of those who are colonized. Tiffin realizes this fact and views most post-colonial literature as a "counter-discursive" mode of expression that is highly involved in "challenging the notion of literary universality" (96). The most interesting challenge raised by this European universality is the fact that many post-colonial authors use English as the means to express or disassemble notions of these supposed commonly held mores, thereby creating a hybridized literature. Tiffin notes that in a "canonical counter-discourse . . . [the] post-colo... ...Victory, an Island Tale, 1915. Within the Tides, 1915 (contents: "The Partner," 1911; "The Inn of the Two Witches," 1913; "Because of the Dollars," 1914; "The Planter of Malata," 1914). The Shadow-Line, a Confession, 1917. The Arrow of Gold, a Story Between two Notes, 1919. The Rescue: A Romance of the Shallows, 1920. Notes on Life and Letters, 1921. The Secret Agent, Drama in Four Acts, 1921 (adaptation of the novel). The Rover, 1923. Laughing Anne, a Play, 1923 (adaptation of "Because of the Dollars"). The Nature of a Crime, With Ford Madox Hueffer, 1924 (written in 1908). Suspense, a Napoleonic Novel, 1925 (incomplete). Tales of Hearsay, 1925 (contents: "The Black Mate," 1908; "Prince Roman," 1911; "The Tale," 1917; "The Warriors Soul," 1917). Last Essays, 1926. The Sisters, 1928 (written in 1896, incomplete).

Moral psychology Essay

In the first lecture I have tried to explain you the concept of Business Ethics, its importance in the organization, and arguments against its implementation. Along with that we did a small activity so as to make everything clear. In this lecture I shall talk about morality and moral standards. Points to be covered in this lecture: Meaning and characteristics of morality Meaning and origin of moral standards MORALITY What do you actually mean by morality? Morality can be explained in all these ways: Morality can be defined as the standards that an individual or a group has about what is right and wrong, or good and evil. Moral quality or character; rightness or wrongness, as of an action; the character of being in accord with the principles or standards of right conduct. Not imposed from outside, but innate and can even be unconscious. We have a fundamental urge to connect. Ultimately, it’s our moral qualities that force us to live in harmony with the unconscious; doing so is the highest form of morality. Morality is individual; the morality of a group decreases as its size increases. Morality is an informal public system applying to all rational persons, governing behavior that affects others, and has the lessening of evil or harm as its goal. Morality is a complex of concepts and philosophical beliefs by which an individual determines whether his or her actions are right or wrong. Often, these concepts and beliefs are generalized and codified in a culture or group, and thus serve to regulate the behavior of its members. Conformity to such codification is called morality, and the group may depend on widespread conformity to such codes for its continued existence. A â€Å"moral† may refer to a particular principle, usually as informal and general summary of a moral principle, as applied in a given human situation. Characteristics Of Morality To say that morality is a public system incorporates the essential feature that everyone who is subject to moral judgment knows what kinds of actions it prohibits, requires, discourages, encourages, and allows. It also guarantees that it is never irrational to act morally. It would take considerably more space than is appropriate here to show that defining morality as a public system that applies to all rational persons also results in morality being a universal guide to behavior that all rational persons would put forward for governing the behavior of all moral agents. I should make clear that the claim that all rational persons would put forward this system only follows if limitations are put on the beliefs that rational persons can use and if they are attempting to reach agreement with similarly limited rational persons. To say that morality is an informal system means that it has no authoritative judges and decision procedures that provide unique answers to all moral questions. When it is important that disagreements be settled, societies use political and legal systems to supplement morality. These formal systems have the means to provide unique answers, but they do not provide a moral answer to the question. Example: An important example of such a moral question is whether, and if so under what conditions, to allow abortion. There is continuing disagreement about this moral question, even though the legal and political system in the United States has provided fairly clear guidelines about the conditions under which abortion is allowed. Despite this important and controversial issue, morality, like all informal public systems, presupposes overwhelming agreement on most moral questions. No one thinks it is morally justified to cheat, deceive, injure, or kill simply in order to gain sufficient money to take a fantastic vacation. In the vast majority of moral situations, given agreement on the facts, no one disagrees, but for this very reason, these situations are never discussed. Thus, the overwhelming agreement on most moral matters is often overlooked. The claim that morality governs behavior that affects others is somewhat controversial. Some have claimed that morality governs behavior that affects only the agent himself/herself. Examples of behavior that supposedly affects only oneself, often include taking recreational drugs, masturbation, and developing one’s talents. The final characteristic of morality — that it has the lessening of evil or harm as its goal — is also somewhat controversial. The Utilitarians talk about producing the greatest good as the goal of morality. However they include the lessening of harm as essential to producing the greatest good and almost all of their examples involve the avoiding or preventing of harm. The paradigm cases of moral precepts involve rules which prohibit causing harm directly or indirectly, such as rules prohibiting killing, causing pain, deceiving, and breaking promises. Even those precepts that require or encourage positive action, such as helping the needy, are almost always related to preventing or relieving harms. Moral Standards Moral standards include the norms we have about the kinds of actions we believe are morally right and wrong as well as the values we place on the kinds of objects we believe are morally good and morally bad. Moral norms can usually be expressed as general rules, ie. â€Å"Always tell the truth. † Moral values can usually be expressed as statements describing objects or features of objects, ie. â€Å" Honesty is good. † Origin Of Moral Standards During childhood moral standards are absorbed from family, friends and various societal institutions. Later in life experiences, learning and intellectual development help a person in forming these standards. Moral Standards Vs. Non-Moral Standards Moral standards deal with matters, which can seriously injure or seriously benefit human beings while it is not the case with non-moral standards. Examples of non-moral standards include the standards of etiquette by which we judge manners as good or bad, and the standards we call â€Å"law† by which we judge legal right and wrong. Moral standards are not formed or changed by the decision of particular authoritative bodies and the validity of these standards lies on the adequacy of the reasons that are taken to support and justify them. If a person has the moral obligation to do something, then the person is supposed to do that even if this conflicts with other non-moral values or self-interest. Moral standards does not evaluate standards on the basis of the interests of a particular individual or group, but one that goes beyond personal interests to a universal stand point in which everyone’s interests are impartially counted as equal. Moral standards are associated with special emotions and a special vocabulary. If a person tells a lie so as to fulfill a purpose and then afterwards he starts feeling guilty or ashamed of his behavior. Points to ponder: Till now we have discussed what is ethics, business ethics, morality and moral standards, but students you should always remember that what is right and moral for you may be wrong and immoral for me or to any other person sitting in the class. In a way we can say that Ethics is a very subjective matter. Ok, tell me one thing that how are you now going to react when you will see a person lying in a pool of blood on the road. Are you going to help him or will avoid him because of the fear of Delhi police? Hope now you will start using your conscience and will do what you feel is right and there will be no hiccups before taking any action. Overview: Morality can be defined as the standards that an individual or a group has about what is right and wrong, or good and evil. Moral standards include the norms we have about the kinds of actions we believe are morally right and wrong as well as the values we place on the kinds of objects we believe are morally good and morally bad. Activity Define morality. Discuss some characteristics of morality. http://www. slideshare. net/birubiru/morality-and-moral-standards Social norms are group-held beliefs about how members should behave in a given context Sociologists describe norms as informal understandings that govern society’s behaviors, while psychologists have adopted a more general definition, recognizing smaller group units, like a team or an office, may also endorse norms separate or in addition to cultural or societal expectations.

Living With Aids †Creative Writing Essay

Living With Aids – Creative Writing Essay Free Online Research Papers Living With Aids Creative Writing Essay â€Å"Mom couldn’t stand to see me looking so sick and pathetic. She started to cry again, and hurried out of my room. She’d vowed she was never going to cry in front of me, because she figured if I knew how scared she was, I might give up.† (White, 48) Aids is a serious disease; it inevitably leads to death for the patient and to the most difficult struggle for the patient’s loved ones. There are many false ideas about aids which often makes life difficult for loved ones caring for an aids patient. In the early eighties when aids first became apparent aids was thought as a contagious â€Å"gay disease†. It took time and understanding for people to realize that it was not a â€Å"gay disease† and that innocent children and women were being infected as well. There is often a huge blanket of prejudice hanging above an aids patient which leads to making life even more unbearable for someone infected with aids. In Ryan White’s case he had to fight in court to be allowed back into school, only to be met with hate crimes when he was able to return. (White) Discrimination Many people still do not have accurate information about the aids virus, but during the eighties ignorance was at its height. AIDS patients often found it difficult to continue with their everyday activities because of the prejudice and misconception about the virus. When Ryan White was allowed to return to his public school he was forced to compromise with the school board to use disposable silverware and use separate bathrooms. (White) Bullets were shot at White’s windows, he was forced to resign from his paper route, and he was never free from insistent teasing from both peers and adults. (White) Everything that he touched was considered contaminated. The AIDS Virus â€Å"AIDS, which stands for Acquired Immune Deficiency Syndrome, is caused by a virus-the kind of bug that gives you the flu- which gets into your blood. Once it’s been there long enough, it knocks out your immune system, which is made up of particular types of cells in your blood that usually help you fight off illnesses and keep you well. Right now there is no vaccine or any other kind of medicine that rids your body of the AIDS virus and repairs your immune system. So once you have AIDS, you start coming down with all kinds of other diseases, and eventually you die from them. They knew you could get the virus from having sex with someone who had it, or by using a hypodermic needle that was contaminated with the virus. During sex your body absorbs your partner’s semen or vaginal discharge, which could carry the virus. A needle with contaminated blood on it is like a four-lane highway to AIDS, because you could inject the virus right into your own blood stream. A thi rd way the virus can get into your blood is from a transfusion of blood or blood products like Factor VIII that happened to come from someone with AIDS.† (White, 40) Some groups of people are more susceptible to being infected with the AIDS virus because of things that they do. The first group is gay men, who pass the virus along through sex. (White) Drug addicts who share needles can pass AIDS on as well. The third most common group is hemophiliacs and other people who need blood transfusions and injections of blood products. (White40-45) It is impossible to spread the AIDS virus to someone through casual contact. (White, 47) Living with Someone Infected With the AIDS Virus â€Å"If anything happens to Ryan,† she said, â€Å"I don’t want to go on without him. You and I should go out to the garage, close the doors, sit in the car, and let the motor run.† (White, 53) The combination of harassment from discriminating people, and knowing that someone you love will soon die, often leaves people caring for someone with the AIDS virus with the severe physiological trauma from dealing with it all at once. Medical expenses add up quickly for an AIDS patient’s family. The costly trips to and from the emergency room don’t come cheap, sometimes leaving families bankrupt. The time off from work that families must take doesn’t help with the financial situation. Siblings sometimes have to give up activities or stay with relatives for short periods of time off and on while parents take care of their sick AIDS child. A misconception about AIDS is that family members will also catch the virus, however that has never happened. â €Å"But you don’t have to worry,† Dr. Kleiman said. Nobody who lives with an AIDS patient has ever gotten the virus. You can’t catch it from casual contact with Ryan.† Research Papers on Living With Aids - Creative Writing EssayArguments for Physician-Assisted Suicide (PAS)Genetic EngineeringCapital PunishmentThe Masque of the Red Death Room meaningsThe Spring and AutumnHip-Hop is ArtWhere Wild and West MeetThree Concepts of PsychodynamicThe Hockey GamePersonal Experience with Teen Pregnancy