Tag: tutors

Load Problem Questions: Free Movement of Goods Article 34 And 36

Posted on | by KN Simon

Load Problem Questions: Free Movement of Goods Article 34 And 36

Question 1: Advice Free Pork Ltd If It Has Any Grounds under EU Law for Challenging the Two Spanish Laws

Both articles (Article 34 and 36) prohibit measures, which have particular restrictive effects. In majority of the cases, the term ‘measures’ equates to the laws passed directly by the Member State government. However, the ECJ (European Court of Justice), has stated that a measure can be an item wider and less well described. It is worth noting that the course of Conduct for a State intended to induce discriminatory practice among consumers and private individuals can constitute a measure (regardless it having or lacking a binding influence) and be in violation of the Article 34. The aspect of measures can also include the inaction of a State to stop private individuals’ acts, which prevent the free movement of goods (The College of Law 2012, p200).

The ECJ described the expression of quantitative restriction as measures that amount to partial or total restraint of, based on the circumstances, exports, imports or goods in transit. There are two laws that apply in this category but in this case, the most applicable law is the outright ban enforced by a Member State (Spain) on imports from another Member State (The College of Law 2012, p201). Free Pork Ltd plans to begin selling its products in Spain have been hampered by the law that requires the sale of sausages produced from humanely reared pigs to be checked by Spanish Sausage Checkers (SSC). If the sausages are not checked by SSC, the law prohibits its sales in Spain. However, the process of verifying whether the sausages have those conditions is usually lengthy. Therefore, Free Pork can challenge this Spanish law. There is also a law that requires the name of the company not to use words that imply health or fitness. Free Pork can also challenge this law because it restricts the importation of goods and can affect the brand image of the company.  

The SSC is a form of a licencing system, which according to the articles, subjects the import of merchandises to the condition of getting an import licence. Even in situations where the application for an import licence is regarded a mere formality; it is a Quantitative Restriction. This is because is simply a mechanism in which imports can be restricted. In practice, it is very rare for the Member States laws to result to quantitative restrictions. The ban on exports or imports between Member States is found only in unusual circumstances (The College of Law 2012, p201). Therefore, failure by Free Pork Ltd to meet the conditions set by the Spanish laws is an outright ban on exporting sausages to this Member State. As stated earlier, the ban only happens in unusual circumstances, and thus, Free Pork can challenge the law because an unusual circumstance lacks, which prohibits it from exporting the goods to Spain.

The directive was important in developing a brief wording of the Article 34 TFEU (Treaty on the Functioning of the European Union) and it continues to offer guidance on the measures that can constitute a breach of Article 34 TFEU prohibitions. Article 2(1) of the directive describes a class of measures (for instance, national laws) that treat imported goods and domestic goods differently. They are commonly referred to as distinctly applicable measures. Article 3 of the directive describes a class of national laws that apply equally to imported and domestic products. These laws have a restrictive impact and they are commonly referred to as indistinctly applicable (The College of Law 2012, p202).

Therefore, the directive classifies both indistinctly and distinctly applicable measures as measures that have an impact equivalent to restrictions on imports. From the statement, it can be stated that a national law can become MEQR (Measures having Equivalent effect to a Quantitative Restriction) regardless of whether it “discriminates against imported products or appears to treat them in the same way as domestic products but is in practice restrictive in effect” (The College of Law 2012, p202). It is important to note that a Member State is capable of justifying more easily an indistinctly applicable law. Although Free Pork can challenge the law on imports restriction, Spain can justify its law because it is indistinctly applicable.

There are three categories of national laws capable of being MEQRs. The first category is laws aimed at enforcing standards (generally minimum standards) concerning matters like weight, description, labelling, size, content or price of goods. The second category is laws concerning tests designed to make sure that goods conform or obey standards indicated in the first category of laws. The third category is laws able to influence the behaviour of consumers and traders. Therefore, the emphasis is on the rules that are capable of having an impact, rather than on the rules essentially having an impact (The College of Law 2012, p204). The requirement to change the name of the company to a name that does not imply fitness or health can be challenged because that law has satisfied the requirement of being MEQRs. Therefore, Free Pork Ltd can challenge the law by proving that it is MEQRs.

The Cassis de Djion principles are applicable in the case of Free Pork Ltd and the Spanish laws. The first principle of Cassis de Djion states that where a national law is applicable to imported and domestic products alike, and where Community-wide standards  concerning the products in question lacks, it may be mandatory to accept obstacles to trade caused by the reality that the national law differs from other Member States laws. However, the obstacles can only be acknowledged if the national law leading to the obstacle is essential to satisfy a mandatory necessity, and the law does not go further than it is necessary to accomplish its aim (The College of Law 2012, p204). Therefore, Free Pork Ltd can challenge the law if it is capable of justifying that the law is indistinctly applicable.

The second principle seems to conflict with the first principle but the two can be reconciled if there is a presumption that the goods lawfully produced in one Member State are marketable in another. However, if there is a law that obstructs this, the Member State can invalidate the presumption through Cassis or through Article 36 TFEU (The College of Law 2012, p207). Therefore, Free Pork Ltd can challenge this law. Based on Article 36, Free Pork Ltd can prove to Spain that the sausages it supplies do not pose health risk to people. The article states that a Member State willing to use this derogation has to prove the existence of an actual health risk (The College of Law 2012, p217). Therefore, under this article, Free Pork can challenges the laws by proving that its products do not pose health risk to the people of Spain.

Question 2. Advise Free Pork Ltd if it has any grounds under EU law for challenging the Spanish advertising requirement.

The Spanish laws regarding the broadcast of adverts targeted at consumers below the age of 12 years adopt a protective approach pushing the timing of the broadcast to not earlier than 9 pm. Under such circumstances, Free Pork’s entry into the Spanish market faces the limitation of adverts set by the Spanish national laws. Two important issues emerge in the deliberations of the legal position in which the Free Pork venture finds itself. On one hand, the right of the Spanish consumer protection policies as well as the right of the company under its commercial rights as discussed below. 

In view of the Spanish national agencies position to enforce consumer protection against a backdrop of foreign policies having a negative position on a particular contestable matter, the position of the reprieve is offered to Member States in terms of the protection offered by the European Union. In Konsumentombudsmannen (KO) v De Agostini (Svenska) Förlag AB (C-34/95) and TV-Shop i Sverige AB (C-35/95 and C-36/95), it was held that the right of a Member State to apply advertisement prohibition to a foreign advertiser from a jurisdiction permitting such advertisements should not be contested. The case had particular consumer protection obligations from the Member State and the original intention of the law cannot be overruled.

It therefore implies that the bottom line of the contested interaction between the Free Pork venture into the market through the advertisement is expected to some extent, however debatable it is. However, the application of the law to a foreign market entrant where such a prohibition is not applicable provides a different concept for consideration by Free Pork where the reasons target a particular age group. The Spanish authorities for instance will find it important to invoke the provisions of Article 34 as demonstrated in the Keck formulae adopted in Keck and Mithouard (cases C-267 and C-268/91) [1993] ECR I-6097. Such invocation will involve the enumeration of the specific environment offered to domestic sausage marketers, which would be argued to be fairly reasonable if foreign entrants are subjected to similar treatment.          

In Cassis de Dijon, the ECJ made the observation that a Member State has an opportunity to forward conflicting justifications on policies and laws impacting on prohibition of free movement of goods in the EU. According to the deliberations of the court, a nation implementing a trade policy likely to conflict the free movement of goods regime can forward certain arguments to sustain an argument for prohibition of movement of goods (The College of Law 2012, p217). Generally referred to as derogating opportunity from the provisions of the Treaty, it is possible for a Member State to launch a campaign from a legal position of national laws to attempt to control or restrict free movement as negated for all the Member States.  As an illustration, it may be expected that the Spanish authorities will invoke the various derogation provisions under Article 36 to deny Free Pork to freely advertise and penetrate the sausage market. Derogation under Article 36 a) cites public interest, which is not clearly outlined and the Spanish authorities may twist the uncertainty to fit into the protection of public interest through barring adverts of sausages to children below 12 years of age.

Derogation c) also sounds like a possible excuse for reliance to invoke prohibitory opportunity for advertising to children below 12 years of age. The complexity of the burden of proof for the protection of health of the Spanish children may however proof to be an opportunity for Free Pork. In Commission v. UK: Re UHT Milk (case 124/81) [1983] ECR 203, it was held that the Member State must avail substantial detail on the nature and magnitude of the risks posed by the said products (The College of Law 2012, p217). By scrutinizing possible discrimination element in the particular Spanish law prohibiting free advertisement, it is possible to compel the authorities to avoid the prohibition. Section 5.2 of Article 36 dispels any arbitrary implementation of discriminatory laws. As observed in Commission v. UK (Re Imports of Poultry Meat) (case 40/82) [1982] ECR 2793, failure to demonstrate the extent to which a law is not restrictive to free movement of goods leads to infringement on EU laws (The College of Law 2012, p218).         

In Konsumentombudsmannen (KO) v De Agostini (Svenska) Förlag AB (C-34/95) and TV-Shop i Sverige AB (C-35/95 and C-36/95), it also emerged that the Member State cannot prohibit advertisements from a different Member State on grounds of consumer protection to persons under 12 years of age (The College of Law 2012, p213). On this legal concept adopted by the court in the case, the EU offers relief to Member States to enjoy the regime on free movement of goods and their penetration into the market. It would certainly be restrictive to involved business if consumer protection laws selectively designed to a particular age group closes the channel available to free movement of goods to the ultimate market. The available options to Free Pork must therefore include seeking legal intervention against the restrictive Spanish laws targeting unfair advertisement prohibition on the grounds of protection of persons under the age of 12 years. As noted above, however, the Spanish authorities are expected to offer objection to contesting opinion regarding implemented policies targeted towards consumer protection such as freedoms of advertisement.

The spirit of Article 34 TFEU is particularly to offer definition to various selling arrangements that must prevent hindrances to free movement of goods. Under the finer implementation details, the spirit of the Article captures the need to provide non-discriminatory business regimes free goods movement among Member States. In view of the provisions of the article, it is apparent that the jurisdiction of the EC in determination of the restriction concepts experienced at the hands of national policies of a Member State are reasonable o other Member States. Substantial restrictions experienced by Member States in accessing the channels of distribution and free movement of goods must be countered by the EC framework as enumerated under Article 34 TFEU. The level of intervention by the EC as spelt out in Article 34 TFEU extends to the negative impact experienced by the Member States in the implementation of a regime withholding free movement of goods (The College of Law 2012, p213). The protection of inter-state trade perhaps has a far-reaching impact if implemented without discrimination and the EC demonstrates the importance of such consideration across several rulings through the ECJ. Whereas Member States have the general space of access of inter-state markets within the EU, the existence of principles of subsidiarity in the market and the natural limitations guarded by spirit of international community contradicts the principle of free movement of goods.
References

The College of Law (2012) Unit 21: Free movement of goods, The College of Law.

Place this order or similar order and get an amazing discount.

Simple Steps to get your Paper Done
For Quality Papers

Local Hospital’s Bioethics Committee

Posted on | by KN Simon

Local Hospital’s Bioethics Committee

The bioethics committee of the hospital is charged with the duty of supporting patients’ rights and helps them, their families and the entire health care team makes informed and sound decisions concerning health care in general. The entire members of the committee are well-trained in patient-care and medical issues. They can give the management and the healthcare team relevant professional advices from various points of view that can enable them articulate and arrive at the appropriate health decisions. However, the committee is not charged with the role of making decisions, but rather being a vital resource for the establishment and the clients in general.

The bioethics committee consists of doctors, social workers, nurses, patient representatives, community-and hospital-based physicians, residents and neighboring community, parents, biomedical ethicists, hospital administration, and clergy.  The key roles of the committee include review and recommend guidelines of the hospital for issues regarding ethics that may arise and are related to Children care. Secondly, the committee is charged the responsibility of familiarizing the hospital staff and the entire community with issues related to ethics that are faced by families, parents and healthcare providers who are concerned with ongoing care for children who are desperately ill. Lastly, the committees have special sessions where they meet to issue necessary guidelines and serve in the capacity of sounding board for families, parents, and healthcare professionals to converse on specific ethical concerns.

When a child is admitted in the hospital, timely decisions must be in order to give appropriate medical attention. The decisions are not dependent on an individual’s discretion. Rather, the decision is arrived at by a group of people, such as the patient, her or his family, healthcare providers and physicians. Since different individuals hold different values, viewpoints, and religious beliefs that may be conflicting, arriving at a common decision regarding the best course of action for the child may be quite daunting. To ensure the committee functions as a team, a number of guidelines have been established that the members are supposed to follow strictly. These guidelines include:

  1. The number of members in the committee must be consistent with the requirements of the hospital and not so large to an extent that it gets unwieldy.  Members of the committee should be carefully selected based on their concern for the wellbeing of the infirm and the sick, their reputation among their peers and the community in general for mature judgment and integrity, and their overall interest in matters pertaining to ethics. Previous experience working as a member the establishment concerned or of a medical society committee that deals with quality assurance or ethical conduct should be taken into serious cognizance when selecting members of the committee.  In addition, the members who are tasked with the duty of serving in the committee should not have other duties that not line with their responsibility as members of the medical committee.
  2. The responsibilities of the ethical committee should be restricted to ethical matters. In the US, it is recommended that the committee adheres to the Code of Medical Ethics as a guide in making informed and professional decisions.  The issues that the committee should consider deliberating on must consist of majorly ethical subjects that a bigger percentage of its members may find reasonable to discuss, or that are recommended by the hospital’s administration. The committee can also take up an issue if it is convinced beyond reasonable doubt that it meets the requirements of being discussed after an appropriate request is made by families, parents, or health care providers.
  3. The deliberations and consequent communication of recommendations together with every step followed by the committee must agree with the ethical and institutional policies set to preserve confidentiality of information pertaining patients.
  4. All members of the committee must be prepared to meet even on a short notice and submit their recommendations in a prompt and timely fashion in harmony with the requirements of the issues involved and situation at hand.
  5. Since the institution is affiliated to a religious denomination, all recommendations that are made by the bioethical committee must conform to the published religious principles and tenets. When a religious belief is being taken into account in any recommendation made by the committee, the fact must be well publicized to patients, physicians, and all the other stakeholders who are concerned with the recommendations of the committee.

Whenever a patient and family seek expert recommendations from the committee, it is worth noting that the committee does neither make the ultimate decisions for them nor tell the medical practitioners how to proceed. It only serves to offer support and guidance. Apart for discussing ethical matters, the committee has also other crucial roles such as staying up-to-date on any advances in medical technology, changes in the law and relevant developments in medical bioethics. The entire team assists the rest in understanding the basic information concerning making decision in healthcare through playing a pivotal role in reviewing and then commenting on new proposed guidelines, identifying situations or issues that may require future address and ensuring existing policies are kept current.

According to the chairman, the bioethical committee has made a significant impact in solving ethical issues within the hospital. It has majorly played a vital role in educating and advising the hospital staff, patients and management. As a matter of fact, it has tremendously solved complicated and unusual ethical problems that involve the issues which affect treatment and care of outpatients and admitted patients in the hospital. The recommendations that are made by the committee impose no obligation that the institution, medical staff, the governing board, attending physicians or other concerned person must accept. Nonetheless, sound recommendations made by committed and dedicated committee are always taken into serious cognizance by the people charged with the duty of making decisions. The chairman however felt that there are also a number of issues that the committee should be charged with the obligation of handling. Such issues include: interpreting advance directives, end of life options as last option, patients who refuse beneficial treatment, negotiating alternative and complementary medicine, disclosure of mistakes, noncompliant and difficult patients, disability and ‘quality of life, and  deciding whether or when to call state agencies. These are fundamental issues that affect the hospital on a daily basis and are never fully resolved since the bioethical committee does not have the mandate to deliberate on them.

On attending one of the meetings held by the committee, I confirmed the earlier words by the chairperson. Indeed, the committee is an integral component of the institution. The issues it deliberates on are very imperative for the hospital. Furthermore, the committee is made of professionals from different profession and they are well-informed on different issues and are able to arrive at the best decisions within a very short time. I further noted that there are different ways in which one can approach matters with the committee. An ethical issue can be best described sometimes when only an individual appears to speak with the committee. However, come cases may require a more informed people may come along with the concerned to appear before the committee. These can be family members, authorized representative, health care agent and a doctor. In some cases, one member of the committee can meet with a family or patient in order to discuss a concern.

References

March, C., Cano, V., Moranta, D., Llobet, E., Pérez-Gutiérrez, C., Tomás, J. M., … & Bengoechea, J. A. (2013). Role of bacterial surface structures on the interaction of Klebsiella pneumoniae with phagocytes. PloS one, 8(2), e56847.

Riesco, M. F., & Robles, V. (2013). Cryopreservation Causes Genetic and Epigenetic Changes in Zebrafish Genital Ridges. PloS one, 8(6), e67614.

Place this order or similar order and get an amazing discount.

Simple Steps to get your Paper Done
For Quality Papers

Loss and Displacement

Posted on | by KN Simon

Aimee Bender is a short story writer and American novelist who graduated from the distinguished creative arts program at the University of California, Irvine.  Bender has a unique use of metaphors and word play that sets her apart from other writers. The overall purpose of a writer’s work can be interpreted through the techniques that he/she apply. Their purpose may vary from being informative, fictitious or even as a form of advertising, but it is this underlying purpose that enables the readers to understand and take meaning or interpret the main context of the author’s work. In a large way, it also assists the readers to get familiar with the influences trigger the authors to make such decisions regarding the information they will bring out in their works. Additionally, the authors select wisely the details and words they use in order to achieve their purpose (Maunder 93). It thus follows that authors may never always be aware of what it is that they are doing as they start on a work of literature, and Bender herself acknowledges in an interview with the Buffalo Almanack. This paper will discuss Aimee Benders short story ‘Loser’ to identify the choices and decisions she makes in her writing in order to bring out the theme of loss and displacement. The story is about an orphan who loses his parents at a very tender age without having any control over their loss, but later turns out to be a helper for other people in finding things that they lose and misplace. It is a story of how a young man feels lonely and isolated as he is abandoned and has to deal with the horrors of the hard past of losing his parents early and even feels displaced without a family unit.

The first writing choice that Aimee Bender employs to make the readers understand that her story is about loss and displacement is the human conflicts that occur in the story between the orphan and his neighbors, which clearly depicts the society’s loss of the sense of appreciation. This is when, after the orphan’s gift of sniffing up lost items was discovered and most people in his community instead of appreciating him began accusing him of being responsible for the loss as a means of gaining unnecessary attention.  A clear example is that of Jenny Sugar whom he went to pick for a date and incidentally helped her mother find her misplaced hairbrush. Instead of Jenny appreciating his efforts, she lashed out at him and even ruined the date for them, a good indication of how the society in this story is suffering from the loss of the sense of appreciation. While at dinner, she said, “You planned all that, didn’t you? …You were trying to impress my mother. Well, you did not impress me.” This event reminded him of how lonely he was and even captures the reader’s attention to see how he has no one to go back home to for consolation or even someone to celebrate his gift. At the thought of such, the reader can appreciate the magnitude of the grief that one goes through after losing his/her loved ones. Such a skeptical reaction from someone who was to be his confidant shows how the young man was lost in his world, without a confidant who would have given him the sense of life, or even celebrate his gift. The manner in which Bender shapes Jenny Sugar in this instance shows the extent to which the people int his society have lost the sense of gratitude.

Aimee Bender also uses a lot of twists in her story using magical elements to push forward its emotional aspect of loss and displacement. But although magic does not qualify to be regarded as a natural element in our daily lives, it has helped to show the link between reality and imagination. This is through fears or phobias, fantasies and even how our expectations collide with reality (Brooks, 2011). It means, therefore that whatever Aimee Bender imagines in her story about the magical gifts of the orphan boy automatically makes up the story’s world. It has helped her to introduce us to a world that is difficult to achieve in the normal life and which would not be possible if she relied on giving out her story as a reality. This is because her story now shifts from being not only about the orphan boy with the unique ability to sense or sniff out and recover misplaced and lost objects but also about things that we cannot easily recover. These things are lost selves and people. An example is where the orphan boy, through his magical abilities, was able to sense the shirt of a kidnapped kid, Leonard Allen, and helped recover him. Bender says, “He turned off his distractions, and the blue shirt came calling from the northwest, like a distant radio station. The young man went walking and walking. And about 14 houses down, he felt the blue shirt shrieking at him.” In reality, we know that this cannot be possible, but in the story’s world, everything is made to be quite advanced to the extent that everything can easily be made clear and believable. Due to his ability, the young orphan boy was also able to understand himself and even the extent of his capabilities despite the criticism from some of his neighbors. From this quote, you can understand that he cannot find lost people, and he can only find objects.

The quote from the story shows the readers that this story is about displacement because the young man could feel the displaced objects and help recover them. Bender says of him thus: “He lay in bed that night with the trees from other places rustling, and he could feel their confusion.” The significance of this statement cannot be emphasized. Although the young man could sense and help recover the lost/displaced items, he could not help bring back the senses of these lost people. Indeed, Bender brought out the loss of a moral sense and appreciation very well, as he has applied mockery to depict how a significant portion of the population viewed the young man.  

References

Bender, A. Loser.

Brooks, L. (2011). Story engineering: Mastering the 6 core competencies of successful writing. Cincinnati, Ohio: Writer’s Digest Books.

Maunder, A. (2007). FOF Companion to the British Short Story. New York:

Infobase Pub.

Place this order or similar order and get an amazing discount.

Simple Steps to get your Paper Done
For Quality Papers

Losing My Cool – Book Report

Posted on | by KN Simon

Introduction

From William’s childhood home of one-story ranch house, his father made a collection of books more than any library could hold. His father used some of these volumes to operate an academic prep service, while the other books were used in his never-ending quest for wisdom. William, as a teenager, had a completely different pursuit from his father; he had the thirst for money, hoe and clothes. More striking feature was his Medusa-faced Versace sunglasses and the companion of a heavy gold-medallion hanging down his neck, whenever he styled up his speech to fit into the intoxicating hip-hop culture prevailing in the communities. Often, his childhood upbringing was influenced a lot by hip-hop and he could even cite the lyrics of Tupac and Nas songs. These were the necessities of the hip-hop youth who were also showing their prowess in order to “keep their woman in line”. Eventually, William seems to justify his thesis that the problem of “hip-hop culture” in America is pinned on US black communities, which traces down the ongoing racism by the white communities who seem to maintain their prejudices based on these claims.

The aforementioned descriptions are relevant when reviewing the book, “Losing My Cool,” written by Thomas Chatterton Williams. As Williams indicates in his book, his father, Pappy, grew up in the isolated South, hiding in the closet away from the hip-hop culture so that he could read deep into the wisdom of Plato and Aesop. He had a different destiny in mind for his son. For years, Williams juggled between “keeping it real” in front of his friends and, studying books under the influence of his strict father’s tutelage. From the cover of the book, the author could not have had a better title than this one since it has been introduced at a better time when there is a cultural war between the hip-hop culture and the American lifestyle among the young generations. Therefore, the aim of this paper will be to give a report of the content of the book, while quoting relevant lines from the book to back up my claims.

Losing My Cool

The book demonstrates that the African-Americans are living in a culture that influences them to imitate, or even become criminals. The author shows that such a stance is worthy than meaningful possibilities of other lifestyles such as his father’s morale standards. Thus, William examines the seductive power of the black hip-hop culture, by describing how his peers even from a younger age, refuse to read books stating that, “it is uncool.” The pivotal focus of this book is in his description of the misogynist, superficial atmosphere, where girls and boys idolize famous rappers such as Tupac and exchange sex for material favors. For example, he is forced to hit his girlfriend when he discovers that she is having an affair, and proceed to start a fight with the other guy as a way of saving the face and to have sex with his girlfriend again.

These experiences are no doubt a quality work of non-fiction of the symptoms of the black culture. Needless to say, the experiences have been the source of promotion of sexism and the treatment of women as “just bitches,” which are mentioned as problems of the broader culture in America. The author does not err when he mentions Eminem, whose iconic lyrics involve treating women as less than humans, and only as accessories to rappers kingdom of sex, money and riches.  Sadly, William makes it so easy to pin the blame on black people, yet the prevalence of the horrific and the destructive values stem from the reality of the disparity in demands between the white and the black communities. More so, the systematic discrimination by the whites has seen the black people living in states of unemployment and as the victims of imprisonment. The reality of the blame-game of whites against the blacks lurks in the background of this book. The hip-hop social misfit for the black people has lead to them having high stress levels, dying sooner, and getting lower level of education than the white community.

Williams explains openly the racist view by using his choice of clothes. He explains that “shirts and sweaters and trousers or jeans that fit” had to be the sagging jeans or the basketballs shorts. He explains that “he wanted to look like a man and not a kid” among other kids ascribing to the hip-hop culture. He goes on to mention that he did not want to look like “he was about to stick up a 7-eleven.” On other words, Williams uses theses expression to show how hip-hop culture was compelling the youths to dress in skanky looks so that they would not be seen as silly or uncomfortable.

Conclusion

Do not be judgmental of Williams’s use of vulgar language when he is describing the effect of hip-hop culture in our lives today. Rather, he is right to shed a light into the lives of other people, who are living in the damaged and limited social context of anti-intellectualism, sexism and materialism. Nonetheless, William writes to awaken us from our obscurity so that we can understand the origin of the problems pinned on the black communities. In the United States, it is a problem of the broader culture and not a black problem. For any reason whatsoever, we are continuing to blames for both the white and the black communities, but we never reach an affirmative decision to justify our blame for the decaying society. Therefore, if we can’t blame the black culture for the escalating hip-hop culture, then it should be worthwhile to investigate the entire discrimination claims happening in America today.

References

Williams, T.C. (2011). Losing my cool: Love, literature, and a black man’s escape from the

crowd. New York, NY: Penguin Group (USA) Incorporated.

Place this order or similar order and get an amazing discount.

Simple Steps to get your Paper Done
For Quality Papers

Loss of employment as a Result of Plagiarism

Posted on | by KN Simon

Loss of Employment due to Plagiarism

‘’Led Zeppelin are being sued for plagiarism over their iconic hit Stairway to Heaven. The band has been served legal papers on behalf of late Randy California for the song which had earned a reported $562 MILLION’’ said James Robertson, a writer for Mirror Magazine. (Robertson, 2014).  The iconic rockers risks losing millions of dollars in this lawsuit.  The band Spirit claims that Led Zeppelin lifted from their track Taurus, Stairway to Heaven’s opening soundtrack. There had been claims for years that the sound tracks were same but it has taken more than thirty years for legal action to be taken against them. They plagiarized the band Spirit’s song and it is about time that they are brought to book. Led Zeppelin allegedly wrote the song in 1970, two years after the band Spirit had released it. The two bands have shared the same stage in fact, proving that friends can stab you in the back too.

Plagiarism is defined as wrongful appropriation and stealing or publication of another author’s language, thoughts, ideas or expressions and representation of them as ones original work. It is considered unlawful and one can be charged for such an offense. It is important that we avoid practicing plagiarism both in school and beyond. First of all plagiarism reduces a person’s credibility since trust is lost on all his works. It also increases the chances of one spending his time behind bars as law suits start cropping up. Embarrassment will be faced too as the public won’t hesitate to rebuke you and criticize you for not being honest about the original source of your work. Some students have been expelled from schools and some in their professions lost their jobs in the name of plagiarism.

Copying then pasting work from the internet to your articles is one way through which students can unwittingly perpetrate academic dishonesty without realizing it. Students also practice plagiarism by getting information from books, articles or journals without properly citing their sources. In some cases, some students don’t cite sources at all. Some students also use in their work images that were taken by other photographers without giving credit where credit is due. When they deliver their assignments or reports some contain up to 97% plagiarism.

Students should always ensure that they properly credit ideas that they use in their work. Steps to be taken would include researching and mastering how to perfectly credit ideas. This is vital as if you properly credit the ideas then you won’t be accused of plagiarism. Copy and pasting someone’s work should also be avoided at all cost as this is a great act of plagiarism. A student should master the art of paraphrasing. This is possible if one reads the research materials and understands them then writes in his own words instead of writing them word by word. Though referencing in such circumstances should not be neglected either.

In conclusion, plagiarism is an evil that no student should considering venturing into. Led Zeppelin can attest to this as earlier on we realized that they are yet to lose millions of dollars in law suits. The consequences can face anyone both in school and out in the real world. We are therefore advised to shun this vice as we wouldn’t want to regret when we are faced with the punishment.

References

Lubbe, I., Modack, G., & Watson, A. (2011). Accounting GAAP. OUP Catalogue.

Gourlay, L., & Deane, J. (2012). Loss, responsibility, blame? Staff discourses of student plagiarism. Innovations in Education and Teaching International, 49(1), 19-29.

Place this order or similar order and get an amazing discount.

Simple Steps to get your Paper Done
For Quality Papers

Love and Break-ups

Posted on | by KN Simon

Love and Break-ups

The topic Love and Break up relate to two movies, one which is a romantic comedy film titled’ When Harry Met Sally’ and the other titled ‘Divorce His, Divorce Hers’ about a couple who went through divorce after 18 years of marriage. The topic is relevant as it relate to life involving love and relationship and break-ups, for instance Harry and Sally have several break-ups before they later get married. Similarly, in the second movie, the couple have their divorce after being married for 18 years, which is a permanent break up.  There is a lot of love in the two movies at first, but problems involving fidelity cause disagreements. In the first movie, the character reunites a number of times, and later they get married and live a happy life.

In the first movie, ‘When Harry Met Sally‘ the key actors Harry and Sally meet and become friends and have several chance encounters in the New York City for more than 11 years. Each time they meet, they express love for each other and renew their friendship. Their marriages with other partners end in break-up which contributes to their uniting and moving on with their friendship. The movie gives a story of the lives of two young people in love, Harry, and Sally, who first meets at college. The two grow together and are involved in friendship liking each other and sometimes disliking one another. Harry tells Sally “I love that you get a little crinkle above your nose when you’re looking at me like I’m nuts.” Harry and Sally have a romantic relationship, which takes more than 11 years before they realize that they needed to live together. The movie has a lot of dialogues and the music is captivating and brings out the scenes with great magnificent. The intention of the two is having a relationship without having sex till they marry as they feel that it will ruin their relationship. Unfortunately they engage in sex, which ruins their friendship leading to a break up although they later reunite. In the Divorce his, Divorce hers, the couple Martin and Jane, dissolve their marriage after living together for 18 years. The film gives the story of separation from a two points of view, one from the husband and the other from the wife. According to the wife, Jane, the crumbled marriage has a terrible and scary effect on their children. The separation of the couple after 18 years is a terrible blow to the couple who find it difficult to move on and has a negative impact on the children.

In the movie Harry meets Sally; there are scenes that are fascinating to the viewers especially the orgasm scene played in the restaurant, which is quite funny. The movie gives a real life situation and reminds people of their everyday lives in a funny way. The dinner scene is quite interesting as Harry dominates most of the conversation as she explains how men do not realize when a woman is faking orgasm. The story gives the differences between women and men and their effect on relationships. The differences also affect commitment and sex as portrayed by the break up when the two had sex by chance. The movie shows the challenges young people undergo in relationships especially if they do not want to have sex before marriage and the relationship takes several years. The discussion between the two friends, as they travel together from Chicago to New York is on the effect of sex on relationships, “Will sex ruin a perfect relationship between a man and a woman”?.  The two had no answer to their disturbing question even after 11 years of love and friendship, and could not realize that they were meant for each other. There are no dull scenes in the movie as the writer Rob Reiner makes the story lively by having lively actors full of humor and intelligence. The story gives the live stages that men and women go through to develop their relationship to maturity and later a happy marriage. The comedy is full of Romance as shown by the different relationships in the story although there are many break-ups. The love between Bruno and Carrie that led to marriage makes the story lively, as it does not take too long as compared to that of Harry and Sally. Another interesting scene is the instance when Harry and Sally try to help each other to mend their past relationships. Harry goes ahead and introduces Sally to Jess while Sally introduces him to Marie though the relationships do not work. Instead, Marie and Jess starts a relationship and marries leaving Harry and Sally lonely. The two decide to try to renew their relationship and see whether it will work.

In another scene, Sally gets sad when she learns that her ex-boyfriend is marrying and gets overwhelmed. Harry comforts her although he does not really care about the marriage but ho to have Sally as his friend. The embrace, kiss, and sleep together, a factor that leads to disagreements between the two, as Harry wants independence while Sally is interested in intimacy. Sally tells Harry “You look like a normal person but actually you are the angel of death” to show her disgust for Harry’s character.

In the movie, Divorce his, Divorce Hers Jane and Martin divorce after living in marriage for 18 years bringing a lot of pain to the family. The movie set-up is in Rome as Martin comes back from Africa, where he represents a managerial firm. He keeps on remembering his troubled marriage to Jane and the effect of his absence due to the nature of his job. In the second part, his wife Jane dominates the scenes with family life experiences and the effect of their troubled marriage to their three children. In the movie, Martin is a businessperson married to Jane who does anything to get his attention.  Her statements such as “if I slit my throat, would you pay attention to me?” portrays her appetite for attention from her husband. Jane is a beautiful woman but has a negative and nasty character especially when acting scenes involving anger. Jane asks Martin for a divorce and tells him to keep off her children a character that portrays her as a bad person. She is manipulative especially when she drags him from the airport. She also likes talking and likes expensive jewelry as portrayed by the pearl and diamond necklace that she wore. The scene that Martin tells his son that he did not want to spend time with him stood out in the movie. He argued that he had all the time to do whatever he wished without anybody’s disruption. Martin cheats on his wife and tells her that he could not stand her presence in bed a he would feel like a fool, “like a fool, a complete fool”. The way he puts emphasis on the statement shows how disgusted he was with his wife and was ready for divorce. The scene was humorous from the way he sipped his drink holding the glass with both hands and drunk like a thirsty hound. The scene involving Martin and the African head of state, Kaduna is quite interesting as he tries to impress him to make him improve their impending deal.  Jane acts well in the scenes involving her and the children and in the case when she learns that, Carrie Nye is in a relationship with her husband. Her reaction when she learns of her husband’s infidelity and her demand for a divorce brings out her unique tough character.

Martin’s marriage faced many tests especially after his transfer to Africa resulting in infidelity, ill feelings, and many clashes. Jane has three children, who are quite annoying and in several occasions struggles with her son who has the habit of playing loud music. The couple spends a lot of time trying to think of what went wrong with their marriage and scenes show Martin always on transit carrying his briefcase. He is always traveling, a factor that possibly contributes to their break-up.

In conclusion the two movies represents life involving love, marriage, and separation. In the first movie, Harry meets Sally; the characters meet, love each other, but encounter several challenges leading to break-ups. Harry and ally feel that sex can ruin a relationship and want to avoid it until they get married. However, this does not happen as they sleep together, an act that makes them separate for a while. They later discover that they love each other and get married to begin a happy life together. In the movie, Divorce His, Divorce Hers, the key characters, Martin, and Jane have a strained marriage because of Martin’s nature of work and Jane’s nagging character. She is a woman who likes attention and disturbs her husband with her continuous questions. Their marriage lasts 18 years when Jane asks her husband for a divorce but tells him never to see her children. Martin was having an affair with Nye, which made her wife furious leading to a hot argument and later divorce. Love, marriage, and separation are the main themes in the two stories as characters try to find happiness.

Place this order or similar order and get an amazing discount.

Simple Steps to get your Paper Done
For Quality Papers

LOW CRUDE OIL PRICES: EFFECTS OF LOW PRICES OF CRUDE OIL

Posted on | by KN Simon

Abstract

Oil behaves just like other commodities that exhibit wide price swings in periods of oversupply or shortage. Throughout much of the twentieth century, the domestic and international industry prices of crude oil have been greatly regulated through price controls or production. Recent downturn in crude oil prices will obviously have the most serious bearings on the exploration segment of the industry. This research paper addresses the impacts of low crude oil prices to the economy and major industries that are dependent, both directly and indirectly on crude oil within the United States.

Introduction

The world requires oil for various purposes such as operating oil-powered irrigation plants, to plant crops in fields using farm machinery, to power automobiles, and also as a raw material for making different kinds of products such as fabrics and medicines (Kilian & Park, 2009). This therefore means that oil is a very essential requirement for any economy to run. Also, the prices of oil have to be standardized to ensure efficient and responsible use of the raw material.

The price of oil is mainly determined by supply and demand, and by expectation. The economic activity closely relates to the demand for energy. It is also important during winter in countries that lie in the northern and southern hemispheres that require heating system to remain warm, and during simmers in countries that require effective air conditioning system. Supply is often affected by geospatial upsets and weather. Whereas low prices can lead to drought in investment, high prices makes produces to heavily invest which eventually boosts the supply.

The American economy is the world’s largest economy. Even though there are a number of factors that directly or indirectly contribute towards the status of the American economy, crude oil plays an extremely pivotal role which cannot be overlooked. Energy consumption is closely connected to both economic progress of the nation and other significant economic indicators such as trade and manufacturing. The significant drop in the prices of crude oil has led to creation of opportunities and threats which have consequently resulted in potential losers as well as several gainers.

The Americans’ appetite towards energy is very insatiable. Though the overall spending ratio on energy to the average gross domestic product has either remained steady in recent years or dropped considerably, such spending still take a huge chunk of household budget. Energy spending still remains a crucial determinant of living standards and critical components of expenses incurred in manufacturing. The United States spends almost two million dollars on crude oil. This figure exceeds 8% of its gross domestic product per annum (Hamilton, 2008). Also, the United States is the leading consumer of crude oil worldwide with an average consumption of twenty million barrels daily. Nearly half of the crude oil consumed daily in the United States is imported from about eighty countries that are members of OPEC (Organization of Petroleum Exporting Countries) while the other half is domestically produced.

After hitting the peak in September 2014, where the price of crude oil was $115 per barrel, the prices have dropped drastically and now oil trades at $47 a barrel (Kilian & Murphy, 2014). This has mainly been caused by the closing gap between the global demand of crude oil and the supply. In the United States, the effect of decreasing oil prices on the country’s economy has been a mixture of good news for oil sensitive industries such as airline, transportation, manufacturing, and American consumers, but also a bad news for countries that are members of OPEC.

According to the Economist magazine, low oil prices will cause a shift estimated to $1.3 trillion from producers of crude oil to consumers. A typical household will experience as much as 2% increase in the annual income since low crude oil prices means the consumer will spend $3000 annually on gasoline and end up saving as much as $1000. Moreover, the low crude oil prices have ensured typical US households have saved up to $75 billion in the last six months, and it is estimated that the savings would increase to $150 billion per year if the prices continue to fall exponentially. This has ensured many Americans are able to channel their savings, into other sectors of the economy, availing an impetus for expansion of business.

However, falling crude oil prices have majorly affected the shale oil industry. This is mainly because the industry’s inability to function and operate effectively, while still making profits when the price of crude oil is below $60 per barrel that is universally regarded as the break-even price (Hamilton, 2008). The hydraulic fracturing boom that was experienced in past years has been able to attract a massive amount real and financial resource into the shale oil production. If the prices of crude oil continue to decrease for a longer period of time, there is high likelihood that the shale industry will experience a massive withdrawal of seal and financial resources that had been injected into the industry. This will consequently compel the shale industry into discontinuing or downsizing their operations unless a breakthrough in the hydraulic fracturing technology. Consequently, the United States Economy will be quietly consequential as a result of this.

Low gasoline prices also have serious consequence on manufacturers of automobiles. A major increase in the overall demand for autos mainly characterizes this. However, consumers will revert to large vehicles with less gas mileage. To prove this, recent data collected in the United States on sales of autos indicated a significant increase in demand, particularly for pickup trucks.

The United States auto companies are also required to comply with fuel efficiency standards for their automobiles. The current administration, led by President Obama has been adamant in its policy of pushing for upper efficiency standards, particularly after year 2010 when the price of pump surged to approximately $4 per gallon. Nonetheless, whenever there is a decline in the gas prices, the country experiences a loss of momentum in regard to concern for fuel efficiency. This in turn increases the flexibility of the administration towards the energy policy.

It is projected that the US will become the world’s largest producer and exporter of crude oil in few years to come (Karmee & Chadhaa, 2008). Apart from the boom in hydraulic fracturing, the government has been putting a lot of efforts in addressing environmental awareness and promoting public awareness so as to diminish the dependency of the country on crude oil from Middle East, which is considered as the most volatile region of the world. Moreover, low crude oil prices has offered a momentous chance for the Federal Government to rethink about its energy policy that has enforced restrictions on exports of natural gas, oil, and other related products. Also, massive tax breaks and subsidies are being given to individuals who work on alternative energy sources and oil companies. As the prices of crude oil sink, the United States government should re-examine these policies and if possible, relax the subsidies.

References

Kilian, L., & Murphy, D. P. (2014). The role of inventories and speculative trading in the global market for crude oil. Journal of Applied Econometrics, 29(3), 454-478.

EIA, U. (2013). Annual energy outlook 2013. US Energy Information Administration, Washington, DC.

Hamilton, J. D. (2008). Understanding crude oil prices (No. w14492). National Bureau of Economic Research.

Kilian, L., & Park, C. (2009). The impact of oil price shocks on the us stock market*. International Economic Review, 50(4), 1267-1287.

Karmee, S. K., & Chadha, A. (2005). Preparation of biodiesel from crude oil of Pongamia pinnata. Bioresource technology, 96(13), 1425-1429.

Place this order or similar order and get an amazing discount.

Simple Steps to get your Paper Done
For Quality Papers

Thesis: Low Crude Oil Prices Impacts Very Negatively on World Economy

Posted on | by KN Simon

Thesis: Low Crude Oil Prices Impacts Very Negatively on World Economy

Main Point: When oil prices fall the amount of finances being channeled towards “energy exploration, production and development,” drops by a significant margin. The decline in investment spending due to fall in crude oil prices in the United States is estimated at $ 1 trillion. This involves cancellation or deferral of arctic oil, deep water, shale projects, and tar sands together with additional investments in mature fields such as Sea Projects in the North that require huge investments in order to be economically viable (Nandha & Faff, 2008).

Main Point: Low crude oil prices make oil producing and exporting countries to be fiscally profligate, whereby using strong oil revenues in financing heavily subsidize domestic energy costs or other ambitious public spending projects or programs. Low crude oil prices forces these nations to curtail programs and increase or subsidies debts that negatively impacts on economic growth.

Main Point: Crude oil, after being refined is used as a source of energy for various sectors of the economy. When the prices of crude oil drops drastically, it means the country must adjust other sources of income in order to raise revenue. This would simply lead to high prices of foodstuffs and other basic commodities that the citizens require on a daily basis (Trostle, 2010).

Main Point: A rise in oil prices causes a significant increase in food and also the cost of making other manufactured goods. Thus, an increase in oil prices causes inflation. If oil prices drop, the economy experiences a deflation. Nations that experience deflation end up having problems with debt defaults since workers will find it more difficult to repay their loans if there is a downward drift in wages (He, Wang & Lai, 2010).

Reference

Nandha, M., & Faff, R. (2008). Does oil move equity prices? A global view. Energy Economics, 30(3), 986-997.

Trostle, R. (2010). Global Agricultural Supply and Demand: Factors Contributing to the Recent Increase in Food Commodity Prices (rev. DIANE Publishing.

He, Y., Wang, S., & Lai, K. K. (2010). Global economic activity and crude oil prices: A cointegration analysis. Energy Economics, 32(4), 868-876.

Place this order or similar order and get an amazing discount.

Simple Steps to get your Paper Done
For Quality Papers

Madame Bovary: Theme of Love and Romance

Posted on | by KN Simon

Madame Bovary: Theme of Love and Romance

Introduction

Madame Bovary depicts love and romance from a different perspective from the moralists’ angle that would instead present the pair as pleasant social tools creating cohesion and unity in the family and the community. Perhaps the most logical criticism gains ground for the presentation of love within the family set up as an insignificant force that easily loses the battle to division, withdrawal and loss of direction. Painting romance as an attractive force disguised in an appealing package to destroy the family cannot only go unmentioned but form the fundamental theme of mistrust and infidelity within the family. The tone used by the author has come under intense criticism due to the openness and plain expression of extremes of love and passion in a way that moralists easily find offensive and obscene.

Love between parents and sons is however illustrated as a cause of concern for the contemporary parent who pays little attention to the development of the child due to the intense pressure experienced from outside the family. Keen interest for the parents enables the enumeration of the importance that love plays in molding children and sustaining the family as a moral building unit of the society that cannot be replaced by the best of training offered to the children. In the end, the tragic conclusion of the romantic story only achieves the best ever irony that opposing forces as good and evil can present as represented by a painful death as opposed to a life full of loving happiness (Byatt, para.3).

Love and Romance in the Novel   

The novel rotates around the main characters of a family composed of the Bovary(ies), Dr. Bovary (father), Emma Bovary (mother) and Charles Bovary (son) joined early in the plot by Monsieur and Madame Homaise as well as later by Leon Dupuis, Rodolphe Boulanger and Monsieur Lheureux. The presentation of the young Bovary family in the beginning of the novel presents a naïve son arriving newly at school at a tender age within a backdrop of a father figure struggling with managing the meager family resources. Despite being a former army surgeon, the father is represented as an insensitive family man for having been unable to improve the living status of his family, partly due to the fact that they reside on a small farm and partly due to the fact that the son enrolls in a village school. Love for the family from a man with a relatively better financial background is remotely presented as everyone would imagine such a family to be living in a better environment and the children attending better schooling facilities (Flaubert, para.1). Such suspicion is confirmed in the mother-son conspiracy to black out the father from irresponsible behavior and episodes that the son experiences. As an illustration, Charles’ failure at the medical school goes unreported to the father but the mother’s input to save him from his laziness is projected even in arranging for a practice chance at village facility in Tostes.

In dealing with love and romance theme in a novel, Madame Bovary is a perfect representation of the way the (three main) women in the family handle love and romance issues to their advantage and most certainly to the downfall of the family and that of their own. The first Madame Bovary is Charles’ mother whose love for son gets blown out of proportion resulting to a spoilt son who, although looks presentable and sensible in many aspects, terribly fails where men of his age are supposed to clearly stand out. As a mother and a family woman, it is expected that a balance of love between the husband and sons would eventually lead to a happy family but she fails to bring up a good family due to her biased attention to self love and that of the son. Her family is depicted as a cold union which only presents a chain of disasters to the larger community than it would have been if she applied love to bond the family together in love related virtues. She takes over the role of parenting and her poor performance leads to frustrations of their only son in his encounters with romantic mismatches.

The second Madame Bovary is Heloise Dubuc whose tough stance on her husband only contributes to a difficult life for Charles as he comes to terms with a controlled life at the hands of his first young wife and the mother. Women are illustrated as controlling figures in various aspects as far as motherly love and romantic love is concerned before young men’s freedoms. Though short live, the romantic relationship presents a fair share of frustration of the young man’s life as he progresses to discovery of his love life and career. The third and most dominant Madame Bovary in the novel is Emma, an idealist, dreamer and perfectionist woman trapped in her confused perceptions of a romantic life from her marriage with Charles in his second marriage after the death of Heloise (Middletown, para.3). Her complete disorientation with the appropriate approach to love and romance results to further tribulations in her husband’s life through terrible encounters with extremes of experimentation with romance in the unforgiving external world. Minor characters are mainly men who crisscross Madame Bovary’s development of the plot translating to abuse of romance and love that ought to spell success of the family. The disjunction of love and family life is presented in a way that many novelists would love to capture, despite the inevitable moral issues found in the way of the best presentation as critics of the novel rush to point out.      

The author depicts the relationship between the father and son obscured by the mother’s undivided attention to assist him come out of his improper bringing up. As a consequence of the imbalanced love relationship in the family, improper upbringing can be isolated in the behavior and attitudes that Charles develops in his school and after-school life. It is clear that the failure in the exam was as a result of a lazy approach to studies, skipping classes as well as improper prioritization of leisure time over study time while at school. A poor social life formation is illustrated after he leaves schools and is incapable of making his own choice of a wife, a role played for him by the mother who recommends Heloise Dubuc. The author depicts the role of the woman in the 19th century as reserved for lowly functions of the society such as finding a husband for sons as illustrated in the novel. Women social status had withdrawn them from other important roles of the society which makes romance as a strong area of their command in men’s lives (madamebovary.com, para.4).

Charles’ real encounters with romance and love intrigues begin when he encounters an old man (Rouault) as a fracture patient in the village in his practice as a doctor where he meets his lovely daughter, Emma. Frequenting the patient’s home is partly contributed by his job and partly by the admiration of Emma and he shifts his attention to her until his wife notices and a confrontation ensues (Flaubert and MacKenzie, 20). The author represents the scene as an irresponsible love attribute that Charles adopts early in his life, perhaps due to the upbringing and observation of love life embraced by his parents. It is clear that the romantic passions facing him could be as a result of the factors of his past experiences as well as a poor social life that prevented his complete development and discovery. Charles loses his young wife and finds a reason to pursue Emma where his love and romantic journey kicks off again (Byatt, para.5). The high expectations that Emma had for a married life are met with romance frustrations ranging from loss of her identity to sexual disappointment.

Charles’ second marriage is marked with terrible failure of romance within the union of marriage to such an extent that the perfectionist approach the Emma had to romance could not be explained by the mismatch in their marriage. Romance is depicted as a result of provocation from the media and perfect novel settings which are far from the real life experience, which could be the reason why most young women get frustrated when they begin to come to terms with the reality of normal romantic settings (Culler, 684). Perhaps misfortune in romantic experiences in the contemporary romantic life is fueled by the idealism in attitude and approach with which young women attach their romantic encounters from the surrounding picture of perfection painted by media and fictional romance literature. Seduction by Rodolphe Boulanger is blinding enough to lead Emma to her death during a ride as her desire of a perfect romantic experience takes her life at ransom. Painting romance and passion as strong enough forces to lead the human race to its perish is far from the reality of the theme as illustrated by the author as he coins lethal vagueness of romantic relationship with family breakups and social weakness. Adultery becomes a quick option for a solution for Emma’s unsatisfied romantic urges but ends to be the beginning of the self-destructive urges which never fail to be achieved.  

Monsieur Homais and his family are represented as a perfect family union full of love despite the hardship in which the family’s home setting is given in the novel. Madame Homais intense love for her four children and husband is exceptional which enables her to extend the love of neighbors to a relative (Justin) and a boarder (Dupuis). Her lowly life approach assists her to deal with issues in her family and live within her means as opposed to Emma’s lavish life that blows her love life out of proportion.

Dupuis and Rodolphe are painted as romance experts who hold no value to genuine love but lust for women and illegal passion outside marriage. It is clear that the improper romantic conduct as displayed by such characters always ends them in trouble as much as it does to Emma, the main character in the novel. Abuse of love is represented in by severe consequences in form of financial difficulties as well as disorientation in work related engagements. As an illustration of misuse of romance is in the case of Emma’s encounter with Lheureux causing not only his financial downfall but also costing his own life through suicide. Lheureux deals in money lending business which is dangerously illustrated as a target of abuse by irregular romance encounters, almost always causing an end to such business (Flaubert and MacKenzie, 255).  

Works Cited

“Madame Bovary: Celebrating Gustave Flaubert’s Famous Work” 26 February 2003, Web. http://www.madamebovary.com/ (accessed 5 October 2011)

Byatt, A. S. “Scenes from a Provincial Life” 27 July 2002, Web. http://www.guardian.co.uk/books/2002/jul/27/classics.asbyatt (accessed 5 October 2011)

Culler, Jonathan D. “The Realism of Madame Bovary” MLM,(French Issue) 122.4(2007):683-696 DOI 10.1353/mln.2008.0007

Flaubert, Gaustave & MacKenzie, Raymond N. Madame Bovary: provincial lives. Indianapolis, IN: Hackett Publishing, 2009. Print

Flaubert, Gustave “Madame Bovary” 2011. Web. http://www.sparknotes.com/lit/bovary/section2.rhtml (accessed 5 October 2011)

Middletown, Carol “Fiction Review: Reading Madame Bovary” 21 January 2011, Web. http://web.overland.org.au/2011/01/fiction-review-reading-madame-bovary/ (accessed 5 October 2011)

Place this order or similar order and get an amazing discount.

Simple Steps to get your Paper Done
For Quality Papers

Major Assumptions and Goal of Positive Psychology

Posted on | by KN Simon

Social problem solving is considered to be the major assumption and goal of positive psychology. To begin with, social problem solving can be defined as the attempt to come out with recommendations that are considered as the remedy to a particular task or conflict within a social set up. (D’Zurilla & Goldfried, 1971) defines a problem as a particular scenario that requires   a response for adaptive functioning with an aim of creating solutions amongst the aggrieved parties. In general view the idea of problem solving is considered as creating solutions to existing social situations at hand.

  Illustrations from (D’Zurilla & Nezu, 1982) consider problem solving as the process of creating solutions on an existing problematic situation as it occurs in a natural environment. The two scholars further explain the essence of problem solving by identifying it in the context of impersonal problems which include aspects like shortage of resources as well as possessing illegally acquired items or an individual losing his or her legally acquired item illegally. They also identify problem solving at personal capacity which covers individual behavior in terms of emotions, social feelings and also psychosocial wellbeing. Problem solving is also viewed in the context of interpersonal relationship and in this case emphasis is put on institutional conflicts for example religion conflicts, family wrangles amongst others. Social problem solving is also looked at in form of larger societal problems. In this situation, problem solving process is covers the broader scope of heterogonous communities in terms of diversity in race, religion, social class as well as the hierarchical considerations within the society.

 For example religious conflicts that has led deterioration of security due to terrorism, racial discrimination as well as discrimination due to social status in the society. This has created a scenario where there is element of inequality thus unforeseeable tension exists leading to conflict

Problem solving therefore is aimed at creating harmony where there exists discord and the major objective is pegged at reaching a rationalized conclusion that will help in lowering emotional strains that the problem situation might have created.

 It is evident to argue that problem solving is the quickest strategy to prevent an impending discomfort within the society.

Basing my illustrations as argued by D’Zurilla, Nezu, and Maydeu-Olivares (2002; D’Zurilla, 1986; D’Zurilla & Nezu, 1982, 1990, 1999; Maydeu- Olivares & D’Zurilla, 1995, 1996; Nezu & D’Zurilla, 1989). It is clear that for one to achieve remedy to a particular problem, considerations of appropriate solution is considered whereby a solution is viewed as an end in itself if it depicts a response pattern that comes out as the end result problem solving process when it is correlated to that particular problem situation. D’Zurilla et al., 2002) a proper solution is only considered to be so if it attempts to achieve the problem solving objective. This involves transformation of a problem situation into a better situation thus leading to decline in the stains that produced it. On the same note, candid solution to a problem situation leads to improvement of positive outcomes while limiting the negative impacts. Positive solution to a problem situation results into easing of tension between the aggrieved parties thus results into mutual agreement and consensus that are taken positively by both parties and this is only achieved if the interests of the parties are catered for.

Therefore, productive solution is one that creates consensus through incorporation of interests of the two parties. For this situation to be realized there must exist an element of compromise such that the hard stands taken by the two parties can be in a position to be harmonized to accommodate the two. In addition to that, consensus becomes relevant only if the gravity of the problem situation is addressed in a manner that is considered fair and impartial by the parties.

The attainability of positive problem solving process is determined by several factors as described Maydeu-Olivares and D’Zurilla (1996). The scholars explain the problem solving skills through models. In their illustrations, a five factored model was found to be prudent in attaining positive problem solution. The model is composed of two different but closely related problem oriented dimension as well as other three problem solving styles. The first two orientations are divided into positive and negative problem solving dimensions while the styles are classified as rational problem solving, impulsive carelessness and avoidance styles. Referring to the above stated, the outcome of positive problem orientation and rational problem solving has resulted into positive existence thus achieved the meaning of creating consensus and mutual harmony. It is in this regard that the scholars advocated for it since it led to affirmative results. Rational problem solving is a style that attempts to employ proper reasoning, keen consideration of the cause of the problem as well as proper checking of circumstances that led to the occurrence of the problem.

 On the other hand negative problem orientation, avoidance and impulsive carelessness styles created negative impact in comparison to the former two. Objective comparison between the two categories can be pegged to the fact that there exists direct relationship between constructive dimensions being positively related while negatively related with the dysfunctional dimension. In brief the two sets are opposite of each other.

Further illustrations point out that Positive problem orientation starts from considering the problem as a challenge. When a problem is viewed as a challenge, it gives chance for a wider scope of view in that it gives room for proper positive results. In this criterion, the problem is perceived as a balance propability of a success or benefit. There is an element of optimism in the manner that no matter the intensity of the problem there exists a solution that is positive and that the problem is going to be solved with success. It further explains that successful problem solving technique is time consuming and requires commitment. On the other hand negative problems Orientation is a dysfunctional and tends to offer pessimistic view on successful solving problem dimension. It looks at a problem in the context of conflict thus threatens social coexistence and harmony. Negative problem orientation does not offer optimistic perception on an individual’s ability to solve the problem. It tends to limit the individual’s worldview hence being myopic to reality. This situation therefore results into inability of an individual to solve problems competently due to lack of rationalized reasoning. The ability of an individual to competently solve a problem is also detailed in the Maydeu-Olivares and D’Zurilla (1997).One’s ability to solve a problem is primarily dependent on the knowledge on positive problem orientation.

Problem solving involves procedures that are employed to realize the success of a problem solution. A means-ends procedure (MEPS; Platt & Spivack, 1975; Spivack et al., 1985) is one of the evident procedures used in attempt to solve a problem or components. First is the ability to identify the order through which a particular goal is achieved. The order need to be sequential in nature. Once that is achieved, the next step is predictability of impediments that might prevent you from achieving the goal which is subsequently followed by reality that an individual must appreciate the concept of time.

However there exist complexities and a number of challenges in current problem solving processes. One of the most common factors is shortage of support for one’s construct validity.  Marsiske and Willis (1995) after conducting a confirmatory factor analysis, the outcome indicated that the tests were not related to each other.

Their deductions indicated that the three tests measured differently and their findings were justified based on the fact theory. It is therefore evident that in an attempt to reach a problem solving consensus, there is need for clarity in definition of three major components of problem solving process, that is, solution, problem solving and the problem itself. Putting considerations in all these, it is evident to understand that to achieve effective problem solving practice elaborate definitions of the three terms need to be considered. On the other hand, incase proper definition is not put in place while constructing test it will be considered to be vague.

In summary, the social problem solving theory creates the difference between problem solving and solution implementation.

The processes are different and therefore needs varied skills. Problem solving in itself is considered to be the process of seeking solutions to particular problems, while on the other hand solution implementation involves the practical carrying out remedies of the actual problem. Another dichotomy is that problem-solving skills are considered to be general in nature while solution implementation tends to be diverse depending on the problem.

In conclusion positive social problem solving process is the basic way through which social problems can be solved. Whether at individual capacity, intrapersonal or at the broader community level, positive problem solving has proved appropriate as the major way through which conflict can be prevented thus preventing further conflict escalation. At the societal level, problem solving process has aided the existence of mutual peace thus limited chances of wrangles.

References

D’Zurilla, T. J., & Goldfried, M. R. (1971). Problem solving and behavior modifica-

tion. Journal of Abnormal Psychology, 78, 107-126.

DZurilla, T. J., & Maydeu-Olivares, A. (1995). Conceptual and methodological

Issues in social problem-solving assessment. Behavior Therapy, 26, 409-432. 

 DZurilla, T. J., & Nezu, A. M. (1990). Development and preliminary evaluation

of the Social ProblemSolving Inventory (SPSI). Psychological Assessment: A

Journal of Consulting and Clinical Psychology, 2, 156-163.

 DZurilla, T. J., & Nezu, A. M. (1982). Social problem-solving in adults. In P. C.

Kendall (Ed.), Advances in cognitive-behavioural research and therapy (Vol. 1, pp.

201-274). New York: Academic Press

Spivack, G., Shure, M. B., & Platt, J. J. (1985). Means-Ends Problem Solving

(MEPS). Stimuli and scoring procedures supplement. Unpublished document,

Hahnemann University, Preventive Intervention Research Center, Phila-

delphia, PA.

Place this order or similar order and get an amazing discount.

Simple Steps to get your Paper Done
For Quality Papers