Monday, September 30, 2019

Nuremberg Laws against the Jews Essay

The Nuremberg Laws were aimed at preserving the purity of the German race. One of the intentions of the Nuremberg Laws was to provide for who was considered to be a Jew or what it meant to be a Jew. This paper therefore examines the Nuremberg Laws, with an aim of answering the comparative question of what it meant to be a Jew according to the laws. The Nuremberg Laws stemmed from the Nazi Racial Legislation of 1935, which was aimed at upholding the perceived Germanic racial superiority, and promoting it as such. According to Hoss (2013), the national identity in Nazi Germany was required to hold an extremely more superior race. As Stimson (2013) points out, the German racial superiority was expected to be free from the Jews’ contamination. Hoss (2013) points out that during Nazi Germany, the Germans were considered better than Jews, and so the former was required to act in a manner that annihilated the latter. It is for this reason that Nuremberg Laws were formulated to define the identity of the Jews and minimize their contamination of the perceived German racial superiority, all in the hope of safeguarding the German nation for the entire future and upholding the perceive purity of the German blood (Ward & Gainty, 2011). Article 5 of the Nuremberg Laws provided an elaboration of who was to be considered as a Jew. For instance, under Article 5(1) of the Nuremberg Laws, a person was to be considered as a Jew if he or she was a descendant of at least three grandparents who were racially full Jews. Article 5(1) was to be read together with the second sentence of part 2 of Article 2 of the Nuremberg Laws. Article 5(2) of the Nuremberg Laws also provided that a person shall be considered as a Jew if both of his or her parents were full Jews (Ward & Gainty, 2012, p. 332). Under the statute of these formed laws (i. e. the Nuremberg Laws), a person was deemed to have descended from two full Jewish parents, if (a) he or she was a member of the Jewish religious community at the time the Nuremberg Laws came to force, or joined the said community after the laws came into force; (b) he or she was in a marriage relationship with a Jew at the time the laws come into force or entered into such a marriage after the laws had come into force; (c) he or she was born to at least a Jewish parent in a manner provided under Section 1, and if the marriage from which he or she is an offspring was constructed consequent to the coming into force of the Law for the Protection of German Blood and German Honor; and (d) he or she was an offspring an extramarital relationship, that involved a Jew, in the sense of Section 1, and was to be born outside wedlock after the 31st day of July, the year 1936 (Ward & Gainty, 2012). Section 1 of the Nuremberg Laws prohibited any form of marriage relationship between German nationals or kindred blood and Jew. Such marriages were to be considered illegal and against section 1 of the Nuremberg Laws even if, for purposes of evading the law, they were concluded outside Nazi Germany. An individual who happened to be a Jew as provided under Article 5 of the Nuremberg Laws, and as has been explained highlighted in the previous paragraphs, was prohibited, under Section 1 of the Laws, from contracting any marriage relationship with a German national or kindred blood, whether within Nazi Germany or overseas (Ward & Gainty, 2012,). Similarly, Section 2 of the said laws prevented any Jew from entering into any outside marriage with German nationals or kindred blood. According to Hoss (2013) this was aimed at protecting the superiority of the German nation and preserving the purity of the German blood by ensuring that no child of German origin was born outside wedlock, and worse still, with a Jewish parent, since the Jews were not expected to mingle with the German nationals. The Nuremberg Laws did not target the Jews within the context of marriage per se, but also sought to limit the rights of the Jews in terms of free and fair management of their households. For instance, under Section 3 of the Nuremberg Laws, no Jew was allowed to employ a female German national or kindred blood as a domestic worker (Ward & Gainty, 2012). This was construed by Hoss (2013) as a way of preventing incidents of master-servant abuses (e. g. sexual abuse of female German national domestic servants by their Jewish masters), and which could, in some cases, lead to the breach of Section 2 of the laws. The Jews were also prohibited from associating with both the Reich and the German national flag. For instance, Section 4 of the Nuremberg Laws prohibited any Jewish person from hosting the Reich and/or national flag as well as hosting the colours of the Reich (Ward & Gainty, 2012). The punishments that were to be meted against the Jews who were deemed to have acted in breach of sections 1-4 of the Nuremberg Laws varied in nature, and were provided under Section 5 of the laws. For instance, acting contrary to Section 1 of the laws attracted hard labour as punishment, whereas that who breached Section 2 of the said laws was liable for imprisonment or hard labour (Ward & Gainty, 2012). Similarly, Section 5 of the laws provided that whoever (i. e. any Jew) was found to have acted contrary to the provisions of Sections 3 and 4 of the laws would be liable for imprisonment for a period of not more than 1 year, and with a fine or with one of the penalties provided thereof (Ward & Gainty, 2012). In conclusion therefore, the Nuremberg Laws, when viewed from legal and moral perspectives, appear to be both illegal (especially in the context of international humanitarian law) and immoral, as they aimed at legalizing open discrimination against the Jews and denying members of the Jewish community the right to freedom of association and expression of free will. In addition, the supposed punishments for acting in breach of the various Sections of the laws were controversial, and so depended on the mood and attitude of whoever was presiding over as the ‘judge. ’ For instance, Section 5(3) of the laws fell short of defining what constituted a fine as a punishment for acting in breach of Sections 3 and 4 of the laws. The implication thereof is that a ‘judge’ may sometimes impose a fine that is not commensurate with the offence committed. References Hoss, R. (2013). â€Å"Memoirs. † Swerdloff, Howard. The World since 1924. Boston, New York: Bedford/St. Martin’s Press. Stimson, H. L. (2013). The Decision to Use the Atomic Bomb. Swerdloff, Howard. The World since 1914. Boston, New York: Bedford/St. Martin’s Press. Ward. D. W. , & Gainty, D. (2011). Sources of World Societies vol II, since 1450. Second Edition (pp. 1-512). Boston, New York: Bedford/St. Martin’s Press. Ward. D. W. , & Gainty, D. (2012). The Nuremberg Laws: The Centerpiece of Nazi Racial Legislation (331-333), in Sources of World Societies. Volume 2: Since 1450 (2nd Ed). Boston: Bedford.

Sunday, September 29, 2019

Trade Finance

Introduction: Trade Finance in India comprises of financing against imports into India, export from India and inland trade transactions. While doing this study, it is important to know about the regulations governing such transactions in India. Import and Export trade Is regulated by the Directorate General of Foreign Trade (GIFT) under Ministry of Commerce & Industry, Department of Commerce, Government of India. Banks In India, authorized by Reserve Bank of India to deal In Foreign Exchange are known as Authorized Dealers.Authorized dealers, while undertaking Import and export ramifications, should ensure that the Imports Into India and export from India are In conformity with the Export Import Policy In force and Foreign Exchange Management (Current Account Transactions) Rules, 2000 framed by Government and the directions Issued by Reserve Bank under Foreign Exchange Management Act from time to time. Banks also have to follow credit policy announced by Reserve Bank of India from ti me to time to ensure compliance while dealing with financing of Inland Trade transactions.Authorized dealers have to follow normal banking procedures and adhere to the provisions of various rules framed by International Chamber of Commerce, Paris and onshore credit policy of the country. Banks in India use the following trade products to meet financing requirements of the clients: Imports: 1 . Opening of Letter of Credit and Follow up Financing 2. Buyers Credit / Suppers Credit in the form of short term credit for Imports into India 3. Trust Receipt Financing 4.Simple Overdraft Facility 5. Issuance of some of the guarantees to facilitate imports related activities Exports: 1. Pre-shipment Credit in Indian Rupees 2. Pre-shipment Credit in Foreign Currency 3. Post-shipment Credit in Indian Rupees 4. Post-shipment Credit in Foreign Currency . Forfeiting of Export Receivables 6. Factoring of Export Receivables 7. Simple Overdraft Facility 8. Issuance of some of the guarantees to facilit ate Export related activities Inland Trade: 1.Local Bill Discounting backed by Bill of Exchange 2. Local Bill Discounting backed by Letter of Credit 3. Simple Overdraft Facility 4. Issuance of some of the guarantees to facilitate Inland Trade actively Trade Finance By onshore is regulated by the Directorate General of Foreign Trade (GIFT) under Ministry of Commerce & Industry, Department of Commerce, Government of India. Banks in India, authorized by Reserve Bank of India to deal in Foreign Exchange are known as Authorized Dealers.Authorized dealers, while undertaking import and export transactions, should ensure that the imports into India and export from India are in conformity with the Export Import Policy in force and Foreign Exchange Management issued by Reserve Bank under Foreign Exchange Management Act from time to time. 1. Opening of Letter of Credit and Follow up Financing 2. Buyer's Credit / Supper's Credit in the form of short term credit for Imports into 4. Issuance of s ome of the guarantees to facilitate Inland Trade activities

Saturday, September 28, 2019

Evaluating the Research Process Essay

This paper will be used to evaluate the research process. The chosen article is Pregnancy Risk among Black, White, and Hispanic Teen Girls in the New York City Public Schools. The research process is inclusive of several initial parts which are the selection of a problem, formulation of a hypothesis, a description of the subject, and the review of any literature as well as to construct a design plan, analyze data and write a conclusion. The paper will be used to discuss the literature and how it is used in the research. What are the considerations for data collection and what is the data telling us in terms of statistical analysis? In the article Pregnancy Risk among Black, White, and Hispanic Teen Girls in New York City Schools, the data was collected form the use of the (YRBS) New York City Youth Risk Behavior surveys. The survey was implemented by the (DOHMH) New York City Department of Health and Mental Hygiene and the (DOE) Department of Education. The surveys have been conducted since 1997 on a biennial basis. The data that is used was collected from surveys that were taken in 2005 and 2007. A total of 17,220 students from 87 public high schools were surveyed. Since this information was collected from individuals that were not of legal age, the researchers were extra careful to protect the confidentially of the students. This was done by having the students to complete a survey that requires that no personal information is given. The survey consists of 99 questions and it is self-administered. The data that has been collected has concluded that there is definitely a difference in the sexual activity of girls between the ages of 15 and 19 years old that attended public schools in the New York City area. The differences include more than just age, it also include race, ethnicity, schools, neighborhoods and economic backgrounds as well. Based on the findings of the surveys there is an unmistakable difference in the statistics for each group that participated. Therefore there is a definitely a correlation between the findings and the figures that were used. The numerical data that was retrieved from the survey proves that the data is significant and provides enough evidence to support the significance of the study. In the article the results concluded that (32.6%) of high school girls reported that they were sexually active in the 3 months prior to the survey. Out of all of the girls that participated in the survey, black students were more likely to be sexually active followed by Hispanics the whites. There were variations in the sexual activity which increased or decreased with age, race and ethnicity. The results also assessed the differences in each group access to and the use of contraceptive. The conclusion states that the use of hormonal contraceptive such as the pill was low among all racial and ethnic groups. Differences also occurred within the different neighborhoods. The conclusion noted that Hispanic girls in New York City were less likely when compared to white to use any type of contraceptive methods which put them at a greater risk of becoming pregnant. It also state that if there is any hope of preventing teen pregnancies, the proper information must be made available to educate these girls about long acting methods of contraception. Upon careful review of the conclusion it is evident that the conclusion does answer the research question as it is stated in the definition of the problem. The conclusion is appropriate because it re states the obvious facts from the date that had been collected from the surveys. It also summarizes the finding and breaks down the data so that suggestions can be made as a way to help to prevent teen age pregnancy within the area that was deemed to be high risk. Although the article has significant statistics and data, it is my opinion that there is not enough information to make a decision on the effectiveness of the study. There were several limitation within the study that allows one to question the effectiveness of the study overall. First, the YRBS only included limited questions pertaining to sexual activity and contraception which means it is possible that there are unmeasured differences in the frequency of sexual activity and the consistency in the use of Contraceptives which could make the collected data on each group incorrect. There are also limitations related to data that is collected by neighborhood schools. In some cases students choose to attend magnet or other specialized schools that are located outside of their home school. Another limitation is that the finding for the study was generalized to teens that attended New York City public schools. Therefore, many students that lived in the city but attended private schools or were in a special education program were not surveyed. The article lacked significant information on any other studies that the data could be compared to as a way to test for accuracy of the information. The literature review for the article was used to analyze the variation in the components that plays a major role in assessing the pregnancy risk among students attending New York City public high schools. The discussion portion of this article breaks down all of the difference and compares all of the similarities that exist between black, whites, and Hispanics which contribute to the high pregnancy rate within each group. The discussion also touches on the evidence that schools and neighborhoods can be a major influence in the risk of pregnancy for teen aged girls. Racial and ethnic differences have had an effect on the motivation and the expectation of girls to become sexually active in the early teen years. Fortunately the diverse nature of the study will help to provide the information needed to initiate programs that will give girls the knowledge to delay pregnancy until later in life.

Friday, September 27, 2019

Competition Law And Consumer Protection Case Study

Competition Law And Consumer Protection - Case Study Example Consumers are now defined as people who buy for purposes unrelated to their trade, business or profession. As per the statute, consumers have to be sold goods of satisfactory quality, after taking into account description, price and other relevant circumstances. If an item is defective at the time of sale, which is referred to as a latent or inherent fault, then the consumer lodge a complaint on the discovery of such a defect. Consumers will not be entitled to a legal remedy in respect of: The condition as set out in The Sale of Goods Act 1979, in respect of merchantable quality of the goods, specifies that the implied terms, "where the seller sells goods in the course of a business, there is an implied term that the goods supplied under the contract are of merchantable quality except that there is no such condition." In Thornett & Fehr v Beer & Son, the buyer bought some barrels of vegetable glue from the seller without properly inspecting the contents, though every opportunity for doing so was offered by the seller. The court decided that if there has been some examination then the buyer cannot complain about defects which a full examination would have revealed4. The Sale of Goods Act 1979 defines implied terms with regard to reasonable fitness of purpose as the sale of goods by a seller in the course of a business and the buyer, expressly or by implication, makes it known to the seller or where the purchase price or part of it is payable by installments and the goods were previously sold by a credit broker to the seller to that credit broker5. In Griffiths v Peter Conway ltd, it was held by the court that special purpose must be communicated expressly or by implication6. This was also reiterated in Slater v Finning7. If there is only one purpose for which something is bought then the fitness of its purpose is implied.

Thursday, September 26, 2019

Greening the supply chain TLMT 441 Question1 Assignment

Greening the supply chain TLMT 441 Question1 - Assignment Example Changing goods by making them renewable may cause troubles with other business goals, like profit-realization. At times, a plan is costly to make sense for a corporation. Some simple thoughts for greening a business’ supply chain include: Reducing energy use by machine re-designing and preventive repairs. Secondly, measuring and minimizing transporting in the delivery network. Furthermore, it involves operating with suppliers to reduce surplus packaging. Equally, it comprises of incorporating recycling of products development program (Tohamy, 2009, p.10). Using smaller quantity resources, whilst still successfully retaining brand integrity, permit more well-organized resource use. Exhaustion of limited resources, decreasing dangerous constituents, and selecting cost efficient use of those resources leads to environmental sustainability. When customers get concerned with the surroundings, so should the business selling to those clients. This results in customer satisfaction. Through Green Supply Chain Managements, corporations may achieve competitive and cost advantages. Thus, more efficient resource use, rising sustainability, and consumer fulfillment all directs to the above two

Business Law Case Written Work Research Paper Example | Topics and Well Written Essays - 500 words

Business Law Case Written Work - Research Paper Example Non-disclosure is the failure of volunteering important facts or information (Mallor, 2004). The law requires that the lease between Ms. Relief and Rem be in writing. This is according to the Statute of Frauds (Mallor, 2004). The fact that the agreement between Ms. Relief and Rem is for more than a one year from its formation date, it has to be in the form of writing. This clause is proper and does not impair the agreement of enforceability. As long the term of the lease has not begun, Rem can cancel the agreement and Ms. Relief will be at liberty to lease it to some other tenant. Rem would not win. The agreement between Force and Rem do not satisfy the elements required for an enforceable agreement. Force offered a promise in return for nothing from Rem thus rendering his promise gratuitous (Mallor, 2004). Rem would not win. This is because Rem had enforced the Cancellation clause of the lease document which provided for cancellation without penalties thus giving Ms. Relief the freedom to accept an offer from another

Wednesday, September 25, 2019

What Caused the Rise of Globalization Essay Example | Topics and Well Written Essays - 1250 words

What Caused the Rise of Globalization - Essay Example These price variations encourage people to trade and hence the cost advantages provided by production in different countries triggered the start of globalization. Free Trade refers to the open transactions between two countries without any form of interference from the government of these two nations in the form of tariff, quotas or another form of trade restrictions. Many countries have understood the importance of free trade's necessity in terms of efficient consumption and production, economic growth and other economic benefits that are brought about by trading between two or more countries. Many people consider free-trade leads to efficiency and their claim can be assessed by seeing the effect of tariff or import tax on imports. Here it must be kept in mind that imposing a tariff on international trade is a complete opposite of free trade and hence we are going to look what difference does the imposition of tariff poses on the supply and demand. Suppose that at first, no trade was occurring as a result of which the original demand and supply curve, D & S respectively are the country's demand and supply. At the point, equilibrium occurs at point Y at the interaction of two points. However, if a country indulges in free trade SW curve becomes its supply curve and new equilibrium occurs at Y1. The result why the equilibrium quantity of supply is lower than for the demand curve S is because some countries can produce these products at a lower price than others because of comparative and absolute advantages discussed below and as a result, our country will stop the production of this good citing that other countries can produce it cheaply. This is a point of controversy among supporters of free trade and people who are against free trade. The people who oppose free trade argue that domestic production will reduce from Y to Y1 as result of free trade and hence this implies closing down of factories, downsizing, and unemployment of local factors of production. They say that free trade is an evil that should be stopped from penetrating a local market for the reasons discussed above. However, the supporters say that this leads to more efficient use of global resources as efficiently as more products are being produced where they can be produced cheaply. Although it might be beneficial on a global basis, it should be discouraged in the developing economies which are seeking to maximize employment rate and implementing policies for the growth of local industries. Faced with this problem many countries often charge a tariff on imports which increase its price and hence reduces the impact of imports on local industry and market. This increase reduces the local supply from Y to Y2 which is creates a lesser impact on domestic supply but still, it is large enough to affect the domestic industry and hence receives criticism from people who suffer from unemployment etc. However, once aa high tariff is charged raising th e price of

Tuesday, September 24, 2019

Correlation between Safety and Judgement (Pychology Static Research) Essay

Correlation between Safety and Judgement (Pychology Static Research) - Essay Example However, as the safety of a person depends on interpersonal skills as well as communication skills, the positive attitude also helps in gaining self confidence as well as keeping away from disasters in life. The usage and application of interpersonal skills depend on the surroundings and the ability of the individual to use his communication skills as per the needs. In this paper, 41 people of age groups 18 and 21 are analyzed according to the above mentioned aspects. The individuals selected are the people aged between 18 and 21 years, having mean age as 20 years. Hence, Mean age =20. Range = 3. Majority of the participants are Caucasian and the families belong to middle class. Participants visited the psychologist's lab all at a once, when they are given a test regarding their decision making and judgment. After that they met psychologist once in a month and out of 41 three of the participants visited once in three months for the first one year. Hence, for 38 participants the yearly visits were 12 and for three of them they were 4 each. Consequently, when the values of yearly visits are calculated, there are 38 values of each 12 and 3 values of each 4. The standard deviation for the above values is 11.4 and is nearer to the majority of the values in the visits data and hence the researchers considered the results. In the second year for the first six months, all the participants are asked to visit once in two months and all the participants fol lowed the instruction. In the next six months of the second year, they were asked to visit once in three months and at the last visit, the consequences of their judgment have been compared. Method In the research the individuals are given two consequences and are asked for answers. The first one is about an uncomfortable situation that demands a judgment to come out of it safely and the second one is about a normal situation that talks about the future situation. The participants responded according to their confidence level and amount of attribution. Researchers classified the 41 participants into groups according to their confidence levels and amount of attribution. As amount of attribution depended on confidence level, participants are divided into three groups basically having high confidence level as well as attribution (A), the high level of self control with resourcefulness (B), the participants having less confidence as well as self control (C). In group A, there are 12 participants, 13 participants in group B and 16 participants in group C. The division of the participants into three groups has been done based on the conversations during the visits in the first year. Moreover, researchers found that the resourcefulness of participants while taking a decision. While considering the resourcefulness, the researchers graded the decisions of the participants according to different situations that come over in the course of one's life according to the individual's community and profession. The safety and judgment results are as following according to the confidence, attribution levels of the groups. It is clear from the following graph, that the self control group that have high resourcefulness has shown greater safety for their judgments in the course of time.

Monday, September 23, 2019

Outbound Tourism from China Essay Example | Topics and Well Written Essays - 2000 words

Outbound Tourism from China - Essay Example Furthermore, the number of Chinese traveling to other abroad grew by over 25 per cent between 2000 and 2006 "BNET". For instance, in the year 2005 the Chinese made 31 million overseas trips (Cochrane 2008). The current high figures of outbound tourism from China did not grow overnight. China's policies in the past were restrictive and this minimized the number of travels by the Chinese in years before 1990 (Wen & Tisdel, 2001). For example, before 1990, the Chinese's travel abroad was mainly restricted to official visits or commercials functions rather than for holiday or leisure (Wen & Tisdel, 2001). Good tidings came in 1990 when China began relaxing its policies on outbound travel, first allowing visits to Southeast Asian counties for tourism purposes (Gu & Ratliff 2006). Perhaps this is the reason why outbound travel by the Chinese to the countries in this region is high. Along this line, "BNET" noted that the vast majority of overseas trips made by Chinese in 2005 were targeted for Hong Kong and Macau. In the 1998, the total number of Chinese who made overseas trips was 8.4 million, of which 5.2 travellers were doing business while the rest were on private functions (Wen & Tisdel, 2001). China's rising middle class income and an increasing crave to see the rest of the world make the country a significant outbound tourism market (Wen & Tisdel, 2001).. As cited above, China is progressively easing foreign travel policies and this adds impetus on the need to travel abroad. The rising levels of disposable income among the Chinese and constant exposure to foreign countries through television and the Internet have greatly contributed to the increase in outbound tourism from China (Prasad & Barnett 2004). The increase in number of travel agencies is indicative of the increase in number of outbound tourists. As an illustration, the number of travel agencies rose from 6,222 in 1998 to 11,552 in 2002 (Prasad & Barnett 2004). That a rise incomes among the Chinese and outbound travel policies have been phenomenal in promoting China's outbound tourism cannot be gainsaid. However, the two factors per se cannot be acclaimed to be determinants of outbound tourism. Other factors such as government limitations on the countries to which to travel come into play. For example, there is a list of countries that have an "Approved Destination Status" to which Chinese can freely travel (Lew et al 2002). Outside these countries, Chinese towards are perceived to be risking their lives (Lew et al 2002). The above factors and many others such as personal preferences and choices affect China's outbound travel. A discussion of the same and appraisal of relevant statistics forms the basis of discussion of this paper. Factors that have promoted China's outbound travel and tourism Changes in outbound travel policy China had a strict outbound travel policy that barred the Chinese from traveling overseas until 1983 (Zhang, Pine & Lam 2005). The Chinese government

Sunday, September 22, 2019

Islamic Banking Essay Example for Free

Islamic Banking Essay Islamic Banking is interest free banking, in which there is no fixed rate of return. Islamic banking is the banking system which is run in accordance with the Islamic laws and the Shari a’ board; that guides the institutions. This Shari a’ board authorizes the products that whether these are Shari a’ compliant or not. Islamic banking is the banking that is guided by Islamic law (Shari a’) principles and guided by Islamic economics. In particular, Islamic law prohibits usury, the collection and payment of interest, also commonly called Riba in Islamic discourse†. Islamic banking also finds its roots in Islamic finance and all type of transactions are interest free of risk sharing. The interest is probihited in Islamic ways of banking as it is also obvious from Quran. In Quran, in Sura Al-Iman, Allah said that; â€Å"O you who believe! Do not devour Riba multiplying it over and keep your duty to Allah that you may prosper† (3:130). Same kind of prohibition regard fixed interest is also lead in sura Al-Rum(39), Al-Nisa (160-161) and Al-Baqarah (275-281) of Quran. Riba and Gharar are illegal under Islamic law. Riba refers to fixed rate of interest. Gharar refers to fixed rate of interest. Gharar refers to speculation. Islamic banking shows dramatic improvements and developments in Pakistan. Islamic banking is taken as national policy and it is supported but there exist dual banking structure in the Muslim countries. Mostly the banks of conventional system are also opening their separate Islamic banking divisions and branches. The expectation of increase in growth of networking of Islamic banking system is increasing. The Islamic banking has increased in terms of branches, deposits, capital funds, sources. The ratio of income to expenses is high which indicates increasing profitability of the sector. Riba in Hadith â€Å"Every loan that derives a benefit (to the creditor) is riba†. (Hazrat Ali Radi-AllahuAnhu). Abu said al Khudri Radi-AllahuAnhu narrated that Holy Prophet ( peace be upon him) said: â€Å"Gold for gold, silver for silver, wheat for wheat, barley for barley, dates for dates, and salt for salt, like for like, payment made hand by hand. If anyone gives more or asks for more, he has dealt in Riba. The receiver and giver are equally guilty. If the creditor received a goat as mortgage from the debtor, the creditor may use its milk to the extent he has spent in providing fodder to the goat. However, if the milk is more than the price of the fodder, the excess is riba. â€Å"Usmani, para 99). For Usamah ibn Zayd : â€Å"There is no riba except in nasi’ah (waiting). â€Å"Bukhari, Kitab al-Buyu, Bab Bay al-dinari bi al-dinar nasa’an, ( : 386); also Muslim and Musnad Ahmad). There is no riba in hand-to-hand (spot) transactions. † (Muslim, Kitab al-Musaqat, Bab bay’I al-ta’ami mithlan bi mithin; also in Nasa’i). What is the significance of Islamic Banking in a post recession world? Islamic banking is gaining popularity in emerging markets after helping some financial institutions avoid the worst of the economic meltdown. Islamic banks have been less affected than many conventional banks in the current global recession. This is mainly because unlike conventional banks, the Islamic banks have not been exposed to losses from investment in toxic assets nor have they been dependent on wholesale funds since these practices are not in accordance with the principles set out in the Sharia Law. Moreover, recent years have already indicated that there is an interest in Islamic banking beyond Islamic investors. The UK is one of the leading centres for Islamic banking in the world, yet only 5% of its population is Muslim. And lastly, governments and regulators in a variety of countries have already recognized the importance of Islamic banking as a feasible alternative to conventional banking. The global recession brought about by the collapse in credit supply saw many of the globally accepted models of investment disappeared almost overnight with the collapse of Lehman Brothers in September 2008. It is well accepted that the credit crunch was essentially caused by gambling and inadequate regulation. The radical change in the investment dynamics of the market and a clear question of the morality of the investment industry signify a clear turning point in the development of regional and global investment markets. That will provide new boost to the already burgeoning Islamic private equity and venture capital industries. Thus, surely a system in which gambling is banned, where everything must be backed by tangible assets should be significant in a post recession world. In this era of scarred savers and investors, everyone shall move their money over to this low-risk system. A post-crisis market is more realistic and searches for an ethically based approach to investment. The new investment markets, after the crash, will see a growing demand for a far more partnership approach to private equity and venture capital investment. In private equity, the investor shares both the risks and the rewards, which replicates the basic principles of Islamic investment. Even before the full attack of the global downturn, the characteristics of Islamic private equity and venture capital ensured the sectors enjoyed increasing attention from regional and global investors. The merger of companies, as a means of meeting the operational and strategic challenges of the economic downturn, will show a growing demand for a far more partnership approach to private equity and venture capital investment. Islamic investment should be made on the basis of partnership and investment also to be made in largely infrastructure-orientated projects, such as transport, energy, healthcare and education, as these sectors not only offer asset backed investment but also long term investment into societies. Thus, in the post recession world, where the market and society is demanding that the investment industry provide a responsible form of investment, Islamic private equity and venture capital are both ideally suited to meet this demand.

Saturday, September 21, 2019

The Importance Of Sustainable Infrastructure Design Environmental Sciences Essay

The Importance Of Sustainable Infrastructure Design Environmental Sciences Essay Infrastructure is the key to creating a healthy, happy and thriving economic climate in communities around the world. It is important to our future success and plays a critical role in creating and enhancing sustainability based on ESEM principles. By tradition, the leading concern among engineers has been the safety and reliability of major infrastructure entities. Until recently, sustainability has not been included in most infrastructure organisms on any level. However, the engineering organization, along with the community as a whole, is recognizing the importance of sustainable infrastructure design. Yet combining these ideas into the engineering design procedure as a primary goal remains uncertain to many engineers. This research paper seeks to provide a platform for upcoming sustainable engineering of civil infrastructure design. Introduction: The definition behind this research paper is the sustainable design of new infrastructure, re-design, rehabilitation, re-use or optimization of current infrastructure, which is consistent with the ESEM principles of sustainability. Sustainable infrastructure design is a great modern solution that will greatly reduce the life cycle cost of an infrastructure and also less negative effect on the environment. The main goal of this research paper is to define sustainable infrastructure, the need for infrastructure sustainability design, the scope of sustainable design, how to promote and implement it and the impact of it in society. US infrastructure demographic: Lets pull up the infrastructure demographic in the US: $2.2 trillion is the total investment amount needed in next five years to bring the infrastructure up to top,  according to the ASCE recent report. $1.57 is the amount  from each tax payer spent on infrastructure. There is four million miles of  roads  in the U.S and 90,000 miles found to be in dangerous state.150, 000 miles of roads are on the agenda to be repaired under the newly $50 billion infrastructure stimulus. $350 to $750 is the average dollar amount each driver in the US pays in annual vehicle maintenance costs  related to poor road state. 600,000  is the number of  bridges  in the U.S and 71,000  of those bridges are found to be in alarming state. 140,000 miles of  railway track  in the national freight rail network. $8 billion is the dollar amount the U.S.  plans to spend  on developing high speed rail in the next two years. The need for sustainable infrastructure design As you may notice from this infrastructure demographic was conducted by the American Society of Civil Engineers recently. The US spends a couple of trillions of dollars every year in building, maintaining, repairing and research in infrastructure. Infrastructure development is a vital part of society and economy which develop the need to develop a sustainable infrastructure design to reduce the life cycle cost of the structure and reduce the negative impact on the environment. Let analyze the definition of sustainable infrastructure which is an infrastructure that enable a society evolution towards the goal of sustainable living. More Consideration should be brought to technical and government policies that allow the engineers to target at sustainable infrastructure design and ingenuities that promote sustainable living in modern society. Rationally, a sustainable design clues to the expansion of sustainable societies. The main purpose is to reduce a persons ecological footprint acco rding to the ESEM principles and sustainable expansion. Commonly speaking, sustainable infrastructure includes public transport, production and distribution of power, buildings for living, office spaces and public utilities, such as airports, stations, roads and marine ports, etc†¦In a metropolitan environment, buildings ingest about 40% of power and thus, they are a main supplier to carbon emissions. Sustainable Infrastructure scope Design and manufacture of sustainable buildings can address climate change matters to a large degree. It is projected that each 1 million sq. ft. of constructed sustainable building area will decrease 12 to 17 thousand tons of CO2 each year. Societies ought to improve their sustainable infrastructure design in order to simplify economic development; and its capability to develop on a sustainable source depends on how positively it pacts with environmental challenges rising from the development of building a sustainable infrastructure. It is very significant for the US to dynamically chase sharp emission reduction goals. There are enormous resources at our disposal; The US can establish the possibility and attraction of low-carbon development to other societies by establishing a sustainable infrastructure design based upon the ESEM principles. Sustainable infrastructure design is critical to a sustainable US. Expansion of the population and economic growth pressure the countrys limited resources of land, water, food, and power. To conserve and develop class of life there is a need to develop sustainable infrastructure design an improvement that meets human necessities for infrastructures while saving and guarding environmental quality and the economic and social resources critical for future growth. Sustainable infrastructure design is not luxurious like some might think. There are many examples that can be cited where sustainable infrastructure design has helped significantly reduce life cycle cost, help the environment and promote economic growth. Todays Infrastructure consist of built facilities and shelter and support most human activities: infrastructures of all types, power supply, water supply and waste treatment and management. Infrastructure is crucial socially and economically. In the U.S building and renovating the current infrastructure totals to about 1/8 of the GDP. To create a sustainable infrastructure design we need applicable practices, training, and study of infrastructure planning, design, construction, operation, maintenance and rejuvenation or elimination. The practice, training and study for Sustainable Infrastructure design is one of the creativity of the U.S. infrastructure society. Contribution is exposed to all establishments that harvest, use, study or teach for practices for infrastructure in general. Sustainable infrastructure design outlook supports a great and sustainable quality of life for all individuals in a changing world. Sustainable infrastructure design goal is to progress and integrate ideas and information of sustainability into the principles and practices used throughout the life cycle of any infrastructure structures. ESEM principles will balance, and build upon, significant continuing activities linked to a sustainable infrastructure design such as sustainable building rules and practices for safety from natural, conscious and accidental hazards. Sustainable Infrastructure designs scope is divided in four aspects: -All principles and practices used in the life cycle analysis of all infrastructure organizations from urban and regional development, which mixes infrastructure systems, to those for essential materials and constituents and for process and maintenance; -Involving the private sector establishments that create and maintain the practices used for infrastructure systems and whose affiliates put in place these practices; -Using severe life cycle analysis measures to deliver reliable signs of environmental, economic and social consequences; and -Producing plans for application of top practices, development of practices to use current information, identify research needed to seal serious gaps in knowledge, and training for infrastructure specialists and operators. Figure 1 below represent the main types of infrastructure as well as main topics for research in design. Helping training platforms at college and universities in design, construction, engineering and planning, in integrating principles for sustainable infrastructure design in their curriculum, and reinforce K-12 training to develop a community understanding of sustainable infrastructure design and to invite qualified youth to infrastructure professions. Figure Launch a lasting platform of research to deliver critically wanted information for enhancement of practices for sustainable infrastructure design. Involve the U.S. infrastructure society in a worldwide effort for sustainable infrastructure design. A summary of the scope of sustainable infrastructure design based of ESEM principles using the three spheres of sustainability which are environmental, social and economic. (figure 1) Figure Impact of Sustainable Infrastructure Design Sustainable infrastructure design influences all type of industries today. Even a superficial look at todays environmental defies aids us to recognize that sustainable infrastructure design is a great defy and a crucial one for that issue. The past of industrialization societies shapes us that design of infrastructure continuously leads economic development. A society must develop its infrastructure system to ease economic development; and its aptitude to propagate on a sustainable foundation is subject to on how effectively it treats with environmental defies ascending from the procedure of building infrastructure. The benefits of sustainable infrastructure design increase through incorporating with buildings and across several infrastructure entities. For example, a landscaped exposed space can manage storm water, ease heat islands, deliver shading so that air conditioners need to run less often, and create a public facility. Sustainable infrastructure design can be effective in mixed-use localities. Varied land uses and structure types even out the demand for service. For example, people tend to use electricity, water and other utilities in the early AM and late PM, while commercial use heights in the daytime. Diverse uses also create chances for resource re-use and interactions. The end result is urban localities that are more self-sufficient. Sustainable infrastructure design is efficient. For example, new wastewater treatment machinery combines biological processes with innovative process checking and control to improve efficiency, from both energy and treatment outlooks. There is a necessity to assume a consciousness determination to inform one and all to sustainability and the necessity to improve infrastructure system that can resist a test of sustainability. Its essential to implement a general tactic that should include sustainable infrastructure design growth guidelines and strategies. It should consider eco-efficiency conceptions and comprise systems related to water preservation and control. The methodology should also be comprehensive of public utility services such as mass transportations and production of power. The Federal Government and lawmakers should think about a sustainability financial plan that would offer more incentives for use of minimal natural resources and encourage investments in sustainable infrastructure designs. 64% of Americans are disposed to pay more nowadays for a national sustainable infrastructure that is energy-efficient and less inefficient in order to save money and resources in the upcoming, up from 58 percent last November. About 96% of Americans approve that all new infrastructures should be sustainable designs. Whether its on transportation amenities, like highways and bridges, or in buildings, were discovering that sustainability has turned to be a requirement for many agencies nowadays who are expecting sustainable structures. Nevertheless of the method, most of the US sees the importance in sustainable infrastructure design as an initiative. About76% senses that large-scale infrastructure expansions with sustainability in mind are a significant investment for future generations. The necessity for more well-organized and flexible transportation systems to provision the nations economy and class of life remains to be a main concern in the US. At the same time, climate change, power security, shrinking natural resources, and queries about continuing transportation financing increase fears about the lasting practicality of our present methods to designing, constructing and maintaining our infrastructure. The transportation industrys development to sustainable practices is being led by political and the public, which is asking the industry to get closer with those that, are further advanced in sustainability. The U.S. transportation organizations are attaining sustainability in two methods: -Developing design and construction practices taking more in consideration natural resources, and applying practices that decrease greenhouse gas emissions. In the construction industry, old highways materials are frequently recycled and reused in new highway asphalt and concrete. Reflective orange barrels made of recycled plastic are placed in construction zones nowadays instead of battery-powered flashers. Sustainable infrastructure design practices can offer the data and information needed to make critical resolution, manage risk more efficiently, and eventually work in the direction of sustainable goals. However, sustainable infrastructure design plays a crucial significant part in assisting to generate a sustainable community. Sustainable infrastructure design practices permit us to frequently improve and launch improved control for sustainability. Sustainability today is measured using a diversity of signs, standards, reviews, guides, accounting and reporting organizations, which can be applied at all scales. Some of these measurements, principally the environmental ones, are already based on assessable measurements. These include the Air Quality Index, the Environmental Vulnerability Index. Other measurements such as the Corruption Perception Index, the Education Index, and the Happy Planet Index are more socio-economic, in nature, and are often based on a combination of assessabl e and qualitative measurements. Regardless of the kind of measurement used to assess sustainability, they are all based on some sort of quantitative measurements, and data analysis techniques. Conclusions: The purposes of this research paper on sustainable infrastructure design is be to bring awareness to the engineering community to keep a sustainable design in mind when design, planning and construction of new infrastructure systems. There is an abundant need for research activities related to both new and existing sustainable infrastructure design. New types of sustainable infrastructure design have to be developed which will need less use of resources in the construction phase, more energy efficient buildings, new types of sustainable infrastructure design for construction and supply of power and for transport and communication. There is also a necessity for a more efficient use of resources by development of new sustainable materials, new construction principles and methods and by recycling infrastructure materials using ESEM principles. Also using life cycle assessments and costing to optimized infrastructure prices. Implementing and developing and promoting sustainable infrastru cture design at all level in our society will have a great positive impact in the environment, social benefit and economic growth while preserving our ecosystems.

Friday, September 20, 2019

Cognizable And Non Cognizable Offences Law Essay

Cognizable And Non Cognizable Offences Law Essay Cognizable offences have been defined under Section 2 (c) of the Criminal Procedure Code as follows; cognizable offence means an offence for which, and cognizable case means a case in which, a police officer may, in accordance with the First Schedule or under any other law for the time being in force, arrest without warrant. A non-cognizable offence has been defined under Section 2 (l) of the Criminal Procedure Code as follows, non-cognizable offence means an offence for which, and non-cognizable case means a case in which, a police officer has no authority to arrest without warrant. Now which offence falls under the category of cognizable offences and which falls under the category of non-cognizable offences can be determined as per the classification given in the First Schedule of the Criminal Procedure Code. The First Schedule has classified all acts punishable under the Indian Penal Code, 1860 into Cognizable and non-cognizable offences. Although the Code in itself does not give any reasoning as to this classification, certain patterns can be traced if the First schedule is studied carefully. All offences which have a punishment of more than 3 years under the Indian Penal Code are considered to be cognizable offences and all offences which have a punishment of less than 3 years are non-cognizable offences. Subsequently, it can be deduced that non-cognizable offences are relatively less serious in nature than cognizable offences. Consequently, in case of cognizable offences, the police officers can arrest the accused person without any warrant or authority issued by a magistrate. They can initiate investigation on their own accord and they neednt wait for the prior permission of a magistrate. In fact, they have a legal duty to initiate investigations. This duty has been endowed upon them by Section 156(1) of the Criminal Procedure code which reads; Any officer in charge of a police station may, without the order of a Magistrate, investigate any cognizable case which a Court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of Chapter XIII. Section 156 (2) further reads, No proceeding of a police officer in any such case shall at any stage be called in question on the ground that the case was one which such officer was not empowered under this section to investigate. On the other hand, police officers necessarily need prior permission of a magistrate to initiate investigations in cases of non-cognizable offences. Non cognizable offences are considered more in the nature of private wrongs and therefore the collection of evidence and the prosecution of offender are left to the initiative and efforts of private citizens. Bailable and Non-bailable offences Section 2 (a) of the Criminal Procedure Code defines bailable and non-bailable offences as an offence which is shown as bailable in the First Schedule, or which is made bailable by any other law for the time being in force; and non-bailable offence means any other offence In here too, the code does not give any reason as to on what criteria has such classification been based upon. It just lays down a seemingly arbitrary classification of the same. However, it can be logically deduced that all serious offences are non-bailable whereas all less serious offences are bailable. Similarly, all offences which have a punishment of more than 3 years under the Indian Penal Code are considered to be non-bailable offences and all offences which have a punishment of less than 3 years are bailable offences. This too is subject to the exception of existence of a contrary law. If a person accused of a bailable offence is arrested or detained without warrant he has a right to be released on bail. In case he is accused of a non-bailable offence, then his bail is subject to the discretion by the authorities. Warrant case and Summons Case According to Section 2 (x) of the Criminal Procedure Code, a warrant-case means a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years. According to Section 2 (w) of the Criminal Procedure Code, a summons case means a case relating to an offence, not being a warrant case. This classification helps to determine the type of trial procedure to be adopted in the case. Naturally, the trial procedure in case of a warrant case is much more elaborate than that of a summons case. This classification is also useful at the stage of issuing process to the accused person in the first instance. CHAPTER II NEED FOR RECLASSIFICATION OF OFFENCES The current classification of offences has been a major cause for the high incidence of arbitrary and unnecessary arrest in our country. The scheme of classification is outdated and redundant. There is a serious need for revaluation for the classification between cognizable and non-cognizable and bailable and non-bailable offences. The nature and quantum of punishment attached to these offences also needs to be revaluated. It is not that the idea for reclassification has never come up before, but given the present situation of our judicial system, it becomes all the more relevant that it be done now. For instance, many minor offences against property are still classified as non-bailable, whereas it is evident that classifying them as compoundable offences and relying on methods such as plea-bargaining may be more effective and agreeable to address the injury caused by the same  [1]  . Also, it has been noted that the major portion of the backlog cases in the courts consists of regulatory offences such as dishonour of cheques, traffic violations, etc. Now, these acts were made offences under special laws whereby the legislature had felt that in lieu of public policy, these acts were better off classified as criminal even though they are more akin to civil wrongs. However, the fact that they will create a maximum backlog was envisaged by neither party. Hence, there is a need for an informed study and revaluation of criminal laws. It has been suggested that the offences be classified into a) The Social Welfare Code, b) The Correctional Code, c) The Criminal code and d) the Economic and other offences code. This approach of classifying the offences as per their nature is considered to be far more useful than a blanket categorization of offences. This re-classification is proposed to be done on the basis of the gravity of the offences, appropriate procedures for investigation and dispute-resolution as well as the proportionate nature and quantum of fines and punishments. CHAPTER III RECOMMENDATIONS OF THE MALIMATH COMMITTEE Considering the need for reclassification of offences, the Malimath committee gave the following recommendations for the same. Its primary recommendation was to remove the distinction between cognizable and non-cognizable offences and make it obligatory on the Police to investigate all offences in respect of which a complaint is made. However, this is not a very practical option as it will lead to a further backlog of cases and will increase the burden on the police. Section 262 of the Criminal Procedure Code provides for the procedure for summary trials, Section 263 provides for the record in summary trials and Section 264 provides for judgement in cases tried summarily. The Malimath committee recommended increasing the number of cases falling within the category of cases trialable by following the summary procedure presented by Sections 262 to 264. It also recommended increasing the number of offences that fall under the category of Petty Offences which can be dealt with by following the procedure prescribed by Section 206 of the Code. Section 206 reads If, in the opinion of a Magistrate taking cognizance of a petty offence, the case may be summarily disposed of under section 260, the Magistrate shall, except where he is, for reasons to be recorded in writing of a contrary opinion, issue summons to the accused requiring him either to appear in person or by pleader before the Magistrate on a specified date, or if he desires to plead guilty to the charge without appearing before the Magistrate, to transmit before the specified date, by post or by messenger to the Magistrate, the said plea in writing and the amount of fine specified in the summons or if he desires to appear by pleader and to plead guilty to the charge through such pleader, to authorise, in writing, the pleader to plead guilty to the charge on his behalf and to pay the fine through such pleader: Provided that the amount of the fine specified in such summons shall not exceed one hundred rupees. (2)   For the purposes of this section, petty offence means any offence punishable only with fine not exceeding one thousand rupees, but does not include any offence so punishable under the Motor Vehicles Act, 1939, (4 of 1939) or under any other law which provides for convicting the accused person in his absence on a plea of guilty. It advocated increasing the number of offences, for which an arrest neednt be made and increasing the number of offences where arrest can be made only with the order of the court and reducing the number of cases where arrest can be made without an order or warrant form the Magistrate. The Malimath committee further recommended increasing the number of offences which are bailable and reducing the number of offences which are not bailable. A compoundable offence is one in which the trial court can compound the offence and dispose the case without trial. A non-compoundable offence is an offence in which the court cannot compound the case without trial. A compoundable offence is always a lesser degree offence punishable with a shorter jail term or fine. The Malimath Committee recommended increasing the number of offences that can be brought within the category of compoundable offences, to encourage settlements without trials. CONCLUSION

Thursday, September 19, 2019

Babies Killing Babies :: essays research papers

BABIES KILLING BABIES National Institute of Mental Health: Thinking About Violence in Our Schools Office of The Surgeon General: Youth Violence Two teenagers entered a high school in Colorado and opened fire on their classmates. The young gunmen end their lives, but not before taking the lives of fifteen students, and injuring twenty, finalizing the tragedy. In recent years we have experienced a rampage of violence in our schools. Researchers have yet to pinpoint the answer to this plague of violent disorders. The National Institute of Mental Health, and The Office of the Surgeon General have focused their research to the areas of stages of violence development, prevention and intervention, and methods of identifying the most effective treatments. Studies by the Office of the Surgeon General have concluded that there are two paths for the materialization of youth violence. One is identified at an early age of puberty, the other in the adolescent stage. The research shows that if there is violence demonstrated in the early childhood stage of a child, the degree of violence in the child rises, as the child grows older, concluding in severe violent behavior. The group that is said to be in the early-onset group, or before puberty, is said to have a greater and more serious number of violence incidents during the adolescent years. This also leads to a determining factor for violent behavior during their adulthood, (see research by Stattin and Magnusson, 1996; and Tolan and Gorman-Smith, 1998). Research has shown that violence offenses committed by young men, between the ages of sixteen or seventeen, can be traced back to their puberty stage (D’Unger et al., 1998; Elliot et al., 1996; Huzinga et al., 1995; Nagin and Tremblay , 1999; Patterson and Yoerger, 1997; Stattin and Magnusson, 1996). This is proof that the majority of offenders began their violent behavior during the younger years. However, the study also shows that those who began in the puberty stage did not commit the most serious and persistent acts of violence; moreover, by those who’s violent behavior began during adolescence. The study also concludes that there is very little support to the claims that youth violence can be easily identified at an early age. We can see an example of this in the violent shootings that took place in Jonesboro, Arkansas; where two boys, ages eleven and thirteen years old, opened fire during a false fire alarm, killing four girls and one teacher.

Wednesday, September 18, 2019

Confucianism and the Chinese View of Life Essay -- Papers

"The superior man, when resting in safety, does not forget that danger may come. When in a state of security he does not forget the possibility of ruin. When all is orderly, he does not forget that disorder may come. Thus his person is not endangered, and his States and all their clans are preserved.† – Confucius -- Confucianism created the Chinese view of life. The Confucian view is based on the ancient Chinese tradition. It can be stated that the view of Confucius and that of the Chinese began in the same place (  Bush, 15). In subsequent centuries Confucius’ teachings exerted a powerful influence on the Chinese nation. Therefore, the history that surrounds both Confucius as well as Confucianism is relevant to how many eastern people live their life today. Confucius was born in 551B.C., to the noble K’ung family. He was born in the state of Lu, which is present day the Shandong in the Shantung Province. Confucius’ real name was Ch’iu, which means a hill. This was because there was a noticeable bump on his head. His literary name however is Chung-ni. These names have been rarely used because of the Chinese practice of showing reverence by avoidance. K’ung Futzu which means the Great Master has been his most popular name (DeVous and Slote 9). Confucius was born into an impoverished noble family. At the time of his birth, the imperial court of the Chou dynasty had lost its power and the empire virtually disintegrated into a number of feudal states. Confucius’ father who was the commander of a district in Lu died three years after Confucius was born. This left the family in poverty (DeVous and Slote 12). Nevertheless, Confucius received an upscale education. Even in his childhood, Confucius liked to play ceremonies, whi... ... Walter H. Slote ed. Confucianism and the Family. New York: State University, 1998. Fowler, Jeaneane D., Chinese Religions: Beliefs and Practices. Brighton:Sussex Academic, 2008. Print. Mungello, David E. Leibniz and Confucianism the Search for Accord. Honolulu: The University Press of Hawaii, 1977. Robinson, B.A. â€Å"Religion in China.† Ontario Consultants on Religious Tolerance. 17 Jun. 2005. Web. 10. April. 2014.   Nivison, David S. The Ways of Confucianism. ed. Bryan W. Van Norden. Chicago: Carus Publishing Company, 1996. Overmyer, Daniel. "Religion in China Today: Introduction."  China Quarterly  (2003): 307-316. Web. 21 Jun 2014. Twitchett, Denis and Arthur F. Wright ed. Confucian Personalities. Stanford: Stanford University Press, 1962. Wolf, Arthur P. ed. Religion and Ritual in Chinese Society. Stanford: Stanford University Press, 1974.

Tuesday, September 17, 2019

Compare handmaids tale and 1984 Essay

In The Handmaid’s Tale Margaret Atwood puts across the sense of mystery, things that were once there but are no more. She talks about ‘the pungent smell of sweat, shot through with the sweet smell of chewing gum and perfume’ which came from the girls who once watched the basketball matches that were ‘formally played there’. In the first section of this book we get the feeling that the character is quite lost, lost in what once was and not in the here and now. She tells us about the dances that ‘would have been held there’ and the lingering music that she could still hear very faintly. We get the feeling that this women has very little, no personal belongings, no wealth; nothing. The fact that the women in this building were not even allowed to exchange names tells the reader that this is some kind of prison, the women have no freedom they are constantly being watched by the ‘Angels’ likewise in Nineteen Eighty-Four written by George Orwell there is a significant similarity between the ‘Angels’ in The Handmaid’s Tale and the Posters in Nineteen Eighty-Four. The Angels watch over the women and in Nineteen Eighty-Four the poster which is described as a ‘one of those pictures which are so contrived that the eyes follow you about when you move.’ Watch over everyone who passes by it. Beneath it the caption read ‘BIG BROTHER IS WATCHING YOU’ giving off the impression that someone, somewhere is watching this middle aged man. The man described on the poster some might say could only be the description of Hitler; ‘a man of about forty-five, with s heavy black moustache and ruggedly handsome features’ Winston also tells us that the posters were ‘plastered everywhere’ also revealing, like The Handmaid’s Tale that nowhere is safe. Adding to this is the telescreen, which cannot be switched off again may be a sign that someone or something is always watching you, and that you are never alone. Both the Angels and the Posters in these books are very intimidating figures or ‘objects of fear.’ The Angels did not look or talk to the women just stood with their backs to them to show domination. Correspondingly the ‘enormous face, more than a metre wide’ plastered on the walls with the eyes that followed you when you move is also seen as a sign of domination. The two figures show signs of both aggression and great importance, the fact that the Angles will not talk or look at the women tells us that they are  seen as more significant than them. In addition to this the fact that there are so many of these posters and the fixating look on the enormous face also shows great discomfort and stress.

Monday, September 16, 2019

Implications of Business Process Management for Operations Management Essay

Implications of business process management for operations management Colin Armistead and Simon Machin The Business School at Bournemouth University, Bournemouth, UK Introduction Operations management is concerned with the management of people, processes, technology and other resources in order to produce goods and services. There is a resonance from operations management into business process re-engineering (BPR) of the process paradigm and of the concepts and techniques of designing, managing and improving operational processes. Doubtless much can be learned from operations management for the application of BPR[1]. But business process management is more than just BPR applied to operational processes. What are the implications of the wider consideration of business processes for operations management and can the concepts and techniques from operations management be directly applied to all types of business processes? This paper introduces the concepts of business processes and business process management, and reports findings from interviews in four organizations which are continuing to develop their approaches to managing processes. These findings are then positioned within a categorization of business processes, by way of research propositions. Finally, implications for operations management are discussed. What are business processes? Business processes can be thought of as a series of interrelated activities, crossing functional boundaries with inputs and outputs. Why are they important and why are organizations moving to adopt approaches to explicitly manage by business processes? Reasons include[2] that the process view: †¢ allows increasing flexibility in organizations to meet changing external demands; †¢ addresses the speed to market of new products and services and the responsiveness to the demands of customers; †¢ facilitates the reduction of costs; †¢ facilitates in creased delivery reliability; and †¢ helps address the quality of products and services in terms of their consistency and capability. Processes are part of the philosophy of total quality management (TQM)[3]. Both the Malcolm Baldrige National Quality Award[4] and the European International Journal of Operations & Production Management, Vol. 17 No. 9, 1997, pp. 886-898.  © MCB University Press, 0144-3577 Foundation for Quality Management (EFQM) model[5], on which the European Implications of Quality Award is based, have at their heart the consideration of business business process processes. Such models require the identification of processes, the management management of these processes with review and targetary, innovation and creativity applied to processes and the management of process change. A second route that leads organizations to consider their business processes 887 is BPR[6-9] which promotes the radical change of business processes. Some have illustrated the complementary nature of BPR and TQM[10], others the conflict[11]. Regardless of this, the fact is that organizations come to consider their business processes through TQM, or through BPR, or potentially through both avenues. What is business process management? There is considerable debate about what business process management means and how organizations interpret the business process paradigm[2,12]. Business process management cannot be considered simply as BPR. Rather it is concerned with how to manage processes on an ongoing basis, and not just with the one-off radical changes associated with BPR. But how are organizations actually managing their business processes? What approaches have they developed? What lessons have they learned and what can be drawn from their experiences? The aim of the research reported in this paper is to address such questions by considering organizations at the leading edge of process management. Methodology A qualitative methodology was adopted in conducting the research. During a pilot phase interviews were conducted in four organizations: TSB; Rank Xerox; Kodak; and Birds Eye Walls. This, coupled with knowledge of the approach within Royal Mail, led to an initial understanding of the approaches being adopted by organizations[13]. This was followed by further interviews in four organizations (including within a different part of Rank Xerox), and it is these that form the basis of the findings reported in this paper. The four organizations, in this second phase of interviews, were: (1) Rank Xerox – European Quality Award (EQA) winners in 1992; (2) Nortel – Netas, a subsidiary of Nortel, were EQA winners in 1996; (3) Texas  Instruments – EQA winners in 1995; (4) Hewlett-Packard – who do not use the EFQM model, but have been using their own â€Å"Quality Maturity System† for several years, with many similarities to the EFQM model, including the central role of processes. While these organizations are at varying stages of their approach to business process management they can be considered â€Å"excellent† against many crit eria (including process management), as shown above, and the findings and lessons derived from the research should inform other organizations which are just starting their approach to process management. IJOPM 17,9 888 In two cases the quality director of the UK operation was interviewed; in one case the participant was the business process manager; in another the participant was a direct report to a service director. We consider that the roles and experience of the participants make possible sensible comparison between the organizations, based on the interviews. Semi-structured open-ended interviews (typically of between two and three hours), based on the ideas emerging from the pilot interviews, were carried out in each organization. The interviews were supported by other documentation from each organization which included process maps, planning frameworks and organizational structures. Interviews were transcribed and the transcriptions used as the basis for analysis. Each interview transcription was read and examined several times and lists of concepts developed[14]. A cognitive map[15] of all four interviews was then constructed showing the concepts emerging from the data and how the concepts i nformed on each other (based on the perception of the authors). Concepts were then clustered, with six clusters, or themes, readily appearing. The clusters were then checked against the transcripts from the pilot interviews and documentary material from the case organizations to ensure consistency of findings. Findings The six clusters emerging from the research we have labelled: organization coordination; process definition; organization structuring; cultural fit; improvement; measurement. While some of these might not be novel in  themselves we discuss them first individually and then as a set. Organization co-ordination One property associated with business processes is their â€Å"end-to-end† nature. They start with input at the business boundary and finish with outputs from the business boundary. Hence their cross-functional nature and, implicit in this, is their ability to integrate and co-ordinate activity. For example, â€Å"a better way to think about process is that it is an organizing concept that pulls together absolutely everything necessary to deliver some important component of strategic value†[16]. It is perhaps not surprising therefore that a strong theme emerging from the interviews was that the process paradigm provides an approach for co-ordination across the whole organization. This integration through the use of business processes is perhaps most simply illustrated by the fact that participants, in describing their approaches to business process management, described how they run and organize their entire business. The co-ordination took a number of forms. For example, business process management was strongly positioned in the overall approaches to business planning adopted by the organizations. This was illustrated in one organization with their long- and medium-term plans explicitly linked to annual plans for their key processes. Business process management also provided an approach for integration through increased knowledge within the organizations (for example, about strategic direction), without the need for bureaucratic procedures or hierarchical control: Implications of business process The concepts of business processes emerged as providing a link between the management top of the organization and activity at the lower levels: â€Å"the bit in the middle†. Central to this is the concept of different levels of processes and typically the organizations reported having identified three or four levels of process from the top-level architecture through to the individual or task level. In providing the co-ordination across the organization, the importance of managing the boundaries of processes was strongly emphasized. One organization, for example, was addressing these boundary issues between their processes through the use of networks of individuals representing the interests of their process. They used networks around each process to formulate and implement strategy, and identified which processes have boundary issues with  other processes. Individuals from one process network then attend meetings of the other process networks on this boundary to address the potential issues. Without some form of co-ordination between processes, changes in one process could also lead to changes in performance of other processes such that strategic goals would be compromised, typically in the areas of quality and costs. but what we were trying to do was create a very free environment, a very innovative environment, but an environment where we knew exactly where we were going. 889 Process definition Much of the literature on managing processes is concerned with process improvement[17,18] and this is typically directed at how to improve the actual operation of processes. However, a view expressed during the interviews was that the real value derived from the process approach is through the understanding and development of an approach at higher levels within the organizations, rather than simply process improvement activity at the task or team level. Nevertheless, these organizations recognized that they struggled with this and acknowledged that, in reality, the understanding of processes was often still at the task level, with a natural tendency for procedure writing. Approaches to help overcome this included communication across the different levels of the organization to develop common understanding (and, in particular, to develop better understanding between process owners and process operatives) and a focus within process flowcharts on value steps and decision points, together with the definition and management of process boundaries. Process flowcharting is often presented as a panacea for understanding and managing processes, but some organizations reported problems with applying the methodology to all processes: the methodology of flowcharting †¦ is OK for consistent, regularly operated, reliable processes – it is not that useful for processes that are very iterative and processes that run infrequently, the more complex processes. Certainly the organizations were coming to realize that such process maps in themselves were not sufficient: people talked a lot about process re-engineering and all they ever did was diddle around with process maps, and they didn’t really get the big picture. IJOPM 17,9 and we have used a flow-charting methodology widely deployed across the company†¦we have still got a lot of problems though in terms of processes gathering dust on the shelf. 890 Also, while the organizations recognized the need to specify processes beneath their high level processes, the need certainly did not emerge to map all processes to the same level or detail. It would be unusual to go to an entity and show all the processes in detail to all depths. In general, the drive appeared to be to use business process management more as a long-term and living tool than just a remedial tool for short-term, tactical issues. Long-term plans were needed for processes to enable the process owners to focus on the future requirements of their processes. Also there was the need to develop methodologies other than flowcharting to support a more holistic approach to business process management, and to directly consider the â€Å"process of managing processes†. Organizational structuring Much has been written about the role of processes in structuring organizations and, in particular, the development of horizontal organizations structured purely around processes[2,19,20]. In general, the organizations interviewed in this research appeared to be taking a less radical view. Instead they had developed matrix-based organizations between functions and processes, and tended to adjust their functional structure to align with their identified processes. They thus saw processes as simply another dimension of the organization structure[21]. Indeed they seemed to have implicitly balanced the dimensions of autonomy/co-ordination,  motivation/ control and efficiency/learning[22] and in doing so derived the matrix structure. This perhaps also reflects other organizational paradoxes[23]. Their reasoning was influenced by a view that personal relationships were the key to effective organizations, as much as the formal, imposed structure. Processes were seen to provide a framework for these relationships in terms of building understanding and common approach across the organization. This framework was reported to help establish empowerment in a structured way, matching level of empowerment with control and support. Hence the entering of the process dimension into their structure. However, they were unwilling to do away with the functional dimension, due to the perception that functions better supported the actual personal relationships within the framework of processes and better supported specialist expertise: people don’t necessarily align with processes, they align with other people, and entities and organizations. People don’t go to parties on processes! and if you start bashing on about process organizations, and â€Å"you’ve got to do away with the silos, and the function† and so on†¦you’re denying it in a way – something to do with that relationship side of things. This has a resonance with reports that moves to process-based organizations Implications of can be ineffective if the personal relationship and cultural aspects are business process overlooked[24]. management These matrix structures were regarded as relatively unstable[13] with a tendency to drift back to a functional structure, or to move too far towards a process focus, but the organizations saw the role of their â€Å"quality professionals† 891 as the catalyst to ensure balance between functions and processes. More interesting is that, in these matrix-based organizations, there appeared to be no desire to move towards a purely process-based structure, with the matrix recognized as a desirable state, enabling constant and efficient reorganization through its flexibility. Inevitably the matrix adds complexity, but it seems that these organizations are willing to trade this complexity against the flexibility and personal relationship aspects supported by the matrix structure. One organization did, however, report a  totally process-based structure, and this did appear to support a high degree of simplicity against the complexity of the matrix approach. There may therefore be value for organizations in explicitly considering the trade-offs between processes and functions in forming their approach. Regardless of the process/function structure, the approach of process groups and process owners at different levels of the processes was common. Cultural fit Culture is an ambiguous concept which is difficult to define[25]. However, most organizations have some notion of their culture, and this was the case in all four organizations, where culture had an implicit meaning. It is an important concept in thinking about organizations since people and processes m ust combine to produce output. However, within the organizations, processes were not seen as a constraint, rather, as reported above, as providing a framework for empowerment. There emerged a general view that the overall approach to business process management needed to fit initially with the culture of the organization, and allow that culture to be maintained, at least in the short term. This is not to say that there was not a longer-term objective to address culture, but culture drove the appropriate initial approach: that’s why it works well, because we’re a highly empowered organization, and a team of people are comfortable working as a team, so bringing them together for a process team is perfectly easy – all we had to do was teach them the tools to do it and a bit of flowcharting and away they go. But that fits well with the culture. This is in stark contrast to some business process re-engineering approaches which may often be insensitive to culture or may have an immediate objective of changing culture[26]. Where BPR was deployed in the organizations it tended to be positioned as part of the overall approach to business process management, for example, alongside process stabilization and continuous improvement, rather than instead of. When used in this context, there were examples of culture change for smaller organization groupings. There were also IJOPM 17,9 892 examples where the failure of BPR initiatives was directly attributed to a culture within the organization which so strongly supported constant, but incremental, change that radical change, as proposed by BPR was rejected. All four of the organizations embraced TQM and, in particular, continuous improvement. The concept and language of teams and â€Å"teams of teams†[27] featured strongly, with rewards and recognition often linked to team performance. The formation of cross-functional teams in improving processes happened naturally in these organizations, and appeared critical to the success of their approach in managing processes. Improvement through business process management Unsurprisingly the interviews supported a drive within the organizations to constantly improve processes and this is reflected in the above discussions of culture. Examples of specific approaches included the use of benchmarking to understand and set best practices and the development of compendiums and databases of best practices and the linkage of improvements to assessments against European Foundation for Quality Management (EFQM), Baldrige and other quality models. While BPR was clearly used in some of the organizations (indeed Texas Instruments and Rank Xerox are well known for their re-engineering work) this tended to be talked about more at the process simplification or process improvement end of the spectrum of definitions placed on BPR[28-30]: you would not change the overall process radically in a short space of time, but for people (in the process) I think it is a drastic step. and I would not anticipate the total process radically changing over a short space of time because one could not manage it, so you have to move forward in sizeful steps at each part of the process. One organization reported benefits through using human resource professionals alongside process engineers on BPR projects to â€Å"keep some sanity in what the re-engineering was doing†. Measurement and business process management Measurement is a key principle to managing processes[18] with the need to identify trends, assess stability, determine whether customer requirements are actually met and drive improvement. This was confirmed by the interviews  and measurement emerged as central to successful approaches to business process management. There seemed to be a genuine attitude of â€Å"living and breathing† measurement within the organizations: if you can’t actually get good metrics you won’t manage a process, so it’s absolutely fundamental to managing a process. and if we don’t define the metrics we’ve had it. Increasing importance was being given to customer satisfaction and customer Implications of loyalty measures and there was a recognition of the importance of developing business process efficiency measures for the processes as opposed to just measuring whether management processes actually delivered. There was also a drive towards examining the tails of distributions of the measures (process variation) not just average values, consistent with the view of statistical process control[31,32]. 893 One danger that was reported is related to the â€Å"level† issues discussed above: detailed measures were implemented into lower-level process maps, directly related to processes, as one would hope – however, this resulted in a large number of measures that it was then difficult to prioritize, because, at a higher level, measures had not been (or had not been properly) defined. A particularly interesting approach to measurement was in one organization where they had established â€Å"business fundamentals† as performance measures on key processes, deployed worldwide and at all levels. All professional staff in the organization have business fundamentals which are deliverable, cost, customer or people measures, but self-driven measurements rather than management-driven measurements. These business fundamentals are linked to the key processes, and individuals self-assess their progress against these, using a simple rating scale. Every quarter there is then a formal review across the organization against the business fundamentals. The same approach is used to track individual performance, performance against plans, and process performance, providing an integrated approach to measurement across the organization, and a strong illustration of integrating process measures with other organizational measures. Process categorization Different categorizations of processes have been proposed in the literature[28]. For  example the CIM-OSA Standards[33] use the categorization of manage, operate and support. In describing processes we have found a categorization into operational, support, direction setting and managerial processes to be useful (see Figure 1). The separation of direction setting and managerial processes is driven by two considerations: Operational Managerial Direction setting Support Figure 1. Categorization of business processes IJOPM 17,9 894 (1) on a practical level models, such as the EFQM model, adopted by organizations, separately identify leadership from policy and strategy formulation; and (2) the strategy literature regards development of strategy as a process in its own right[34,35]. Operational processes are the way in which work gets done within an organization, to produce goods and services. These processes are the ones which have been the subject of much of the focus to date in TQM and BPR. They run across the organization and are associated with outcomes such as product development or order fulfilment. They are recognized in the ideas of integrated supply chains and logistics and in simultaneous engineering and are part of justin-time approaches. The same ideas for improvement in flow and reduction in cycle times come through into service organizations in the practices of BPR. Support processes are those which enable the operational processes. They are concerned with the provision of support technology, or systems, with personnel and human resource management, and with accounting management. Direction-setting processes are concerned with setting strategy for the organization, its markets and the location of resources as well as managing change within the organization. Direction-setting processes involve a mix of the prescribed steps within a formal planning process and also less well-defined  frameworks. Managerial processes are to some extent superordinate to the other categories and contain the decision-making and communication activities. For example, the entrepreneurial, competence-building and renewal processes proposed by Ghoshal and Bartlett[20] are managerial processes. Some organizations have tried to formalize these processes and have adopted a structured approach to, for example, decision making and communication. This categorization, like any other, does not necessarily fit with the view taken by all organiza tions (for example, some organizations would position the direction setting processes as part of their operational processes) but it provides a useful framework for discussion of the research findings, and for describing propositions for further research. Discussion and propositions arising from the research The six clusters identified in the findings of organization co-ordination – process definition, organization structuring, cultural fit, improvement and measurement can be considered in the light of these process definitions. The issue of process definition at a top level is a view of how organizations work to satisfy strategic intents. The translation of top-level architecture into an operational reality is influenced by aspects of organizational culture which affect both organizational co-ordination and organizational structure. In no cases is the disappearance of functions apparent; rather the functional organization is replaced by a matrix structure. This form of organizational structure derives its co-ordinating strength from the formation of cross-functional teams. The issues of measurement and improvement reflected in the findings reinforce the need for Implications of effective measurement which drives process improvement in a form which co- business process ordinates and prioritizes activity; something which many organizations find management difficult. The findings suggest that taking a business process management approach is one way to overcome some of the difficulties. It is our observation that organizations in approaching business process 895 management tend to initially address their operational processes, then move to focus on support processes, while continuing to improve their operational processes, and next to focus on direction setting processes while continuing to improve operational and support processes. Thus there is a similarity to the operations management  sandcone model, as proposed by Ferdows and De Meyer[36], used to show that cost reduction relies on the cumulative foundation of improvement in objectives. We propose that an organization’s approach to process management is similarly constituted by its approach across process categories, and that to build a stable sandcone the approach to, first, operational processes must be created (see Figure 2). This proposal has practical value, since it is the operational processes that directly impact on customers and so can yield quick benefits. Thus attention to the operational processes ensures capability of delivery; attention then moves to encompass support processes, since these in turn ensure the capability of the operational processes; attention to the direction setting processes recognizes that capability can only be maintained with good direction setting. The superordinate nature of managerial processes positions them outside the sandcone, with influences from the other categories. This sandcone model for business processes implies further propositions based on our findings. P1: As organizations develop their approach to business process management, moving through the sandcone, the appropriateness of techniques will change. Flowcharting methods are well tested in understanding operational and some support processes. However, the organizations in this phase of our research were discovering that such methods were inflexible for other types of process. Operational Operational + support Operational + support + direction setting Figure 2. A sandcone model for developing approaches to business process management IJOPM 17,9 896 The appropriate methodology for understanding the managerial and directionsetting processes may lie in the fields of systems thinking[37] and business dynamics[38] and the shape of a process for managing such processes needs further attention. Thus the appropriateness of â€Å"soft mapping† techniques increases as an organization moves through the sandcone. P2: As  organizations move through the sandcone there is an increasing impact on organization structure, with the need to address structural changes to reap the benefits from the process approach. Increasingly organizations will need to consider organization design as an explicit, rather than implicit, activity to ensure organizational effectiveness. This need not necessitate a move towards a complete process-based structure, but may mean a trade-off between process and functional structures[39]. This trade-off includes the need to consider factors such as personal relationships and cultural aspects. For example, in some organizations a purely processbased structure will be appropriate while in others the process-function matrix approach will be best utilized. P 3: We propose that there is an increasing need for maturity in TQM throughout the organization to ensure a successful process paradigm, as the organization moves through the sandcone. This raises the immediate question as to whether TQM is a necessity before a process-based approach can be effectively initiated. Certainly all organizations in this phase of our research had developed a TQM-based culture. It also raises questions as to whether the continual application of the radical end of the BPR spectrum[28-30] makes it impossible to address all process categories, with the associated lack of care for the human dimension and resulting demoralized workforce. P4: We propose that the degree of co-ordination across the organization increases with moves through the sandcone. As the process approach spreads through the sandcone it forces the question of what integration actually means for an organization and clarifies the requirements for coordination. This is readily understood for operational processes, with a key element being the elimination of barriers to flow. The co-ordination includes the need for a co-ordinated approach to measurement (an example is illustrated in the measurement section above). Further implications for operations management There is a clear message emerging from this research of the need to manage the boundaries between the categories of processes and between the processes themselves. The appropriate approach will be determined by the category of process being addressed and organizations may find the sandcone logic useful in placing their current position. There are different requirements at different points in the sandcone: knowledge and understanding of process flowcharting techniques at one end of the spectrum through to knowledge and understanding of â€Å"softer† mapping techniques; the need to consider the Implications of appropriate organization structure and trade-offs between process- and business process function-based structures; the degree of maturity in TQM; the degree of comanagement ordination desirable and possible and, in particular, the need for a co-ordinated approach to measurement. 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