Case Grading Rubric

MAN 3301 Human Resource Management Dr. Jerry Schoenfeld A Model For Analyzing Cases In Human Resource Management Purpose of Cases A case is a written description of events and activities that have taken place in an organization. Cases allow you to experience a different kind of learning – learning by doing. They are intended to give you an opportunity to actively experience the reality and complexity of the issues facing practicing mangers and human resource executives.While other disciplines like physical science allow you to test theories in a laboratory, performing a case analysis allows you to apply human resource management theories to specific organizational problems. Completing a case analysis will help you develop your analytical and problem-solving skills. Cases enable you to analyze organization problems and to generate solutions based on your understanding of theories and models of effective human resource management (HRM). Both a â€Å"decision-maker† and an â€Å"evaluator† approach are used in cases.In the decision-maker approach, the primary goal is to sort out information given and to propose a viable solution to the problems(s) identified. In the evaluator approach, the human resource management decisions have already been implemented, and the primary goal is to evaluate outcomes and consequences and to propose alternative solutions. For this case assignment you will be in the decision-maker role. Student Preparation of Written Cases There are any number of possible approaches to analyzing a case. The most important point to remember is that case analysis involves decision making.There is no absolutely right or wrong solution to a case problem. Your major task as a decision maker is to present a coherent and defensible analysis of the situation based on human resource management concepts and theories. Just as managers in the â€Å"real world† must persuade their colleagues and superiors that their proposals are sound , so must you persuade your fellow students and your instructor that your analysis of the case and proposed solution are the best. You should follow a few preliminary steps before preparing your written analysis. First, give the case a general reading to get an overall sense of the situation.Put it aside for a while, then read it a second time and make notes on the critical facts. Case facts provide information and data on attitudes and values, relative power and influence, the nature and quality of relationships, the organization’s objectives and human resource management policies/functions, and other pertinent aspects of the organization. Keep two key questions in mind as you review the facts of the case: First, are there discernible patterns in the facts? Second, what can be inferred about human resource management practices in this organization from the facts presented?You should attempt to classify, sort, and evaluate the information you have identified in this prelimina ry step. Once you have a clear understanding of the critical facts in the case, you can prepare your written analysis using the five-step model that follows. Written Case Analysis Model Please follow these five steps in your written case analysis. Please have a separate section heading for each of these five steps along with a brief introduction and conclusion. Your completed case should be no longer then 10 double-spaced pages using 12-point font. It should be well written and free of grammatical errors.Step 1. Problem Identification. The first step in your written analysis is to explicitly identify the major problem(s) in the case in one or two clear and precise sentences. For example, â€Å"The major problem in this case is a 15 percent increase in employee turnover compared to last year’s rate. † Herbert Simon, who received a Nobel Prize for his work on management decision-making, has defined a problem as â€Å"a deviation from a standard. † In other words, one way to identify a problem is to compare some desired state or objective with the actual situation. A problem or series of problems may revent the organization from reaching its objectives or goals. A key point here is that in order to define a problem, there must be some type of standard for comparison. Possible standards include the organization’s stated objectives or goals, objectives or goals of competing organizations, or standards based on normative prescriptions from human resource management theory. Note: While you may be able to identify more then one problem in the assigned case. State clearly what is the main problem and complete subsequent steps in relation to this problem. Step 2. Identify the Causes of the Problem.Before proposing alternative solutions, the decision maker must have a clear understanding of the underlying causes of the problem. HRM problems are usually embedded in a larger context. This means the decision maker must examine internal and extern al environmental factors over time to isolate causal factors. Causes of problems tend to be historical in nature. To formulate a solid understanding of the specific causes, you should search for root causes and use relevant course concepts and theories to better define them. The â€Å"question syndrome† approach may be beneficial here: Why did the problem occur? When did it begin?Where does it occur? Where doesn’t it occur? What effective HRM practices should the organization be using? What has the organization failed to do? What are the antecedents of the problem? Posing these questions will help you to probe beyond the symptoms to the root cause of the problem. The process of identifying the cause of a problem is very much like hypothesis testing. You should set forth possible causes and then test them against the facts in the case. In writing this section, it is important to present a plausible discussion of the causes so as to convince the reader that your analysis is correct. Step 3. Alternative Solutions.This step involves developing alternative solutions and evaluating their contributions to resolving the problem(s) identified. Proposed alternatives should be consistent with the problems(s) and cause(s) identified. You should develop at least three possible alternatives in addition to those offered within the case. You may propose more than three. List each of your alternatives and the advantages and disadvantages associated with each. Keep the following criteria in mind as you evaluate your alternatives: time constraints, feasibility, cost, contribution to meeting the organization’s objectives, and possible negative side effects.Developing a list of good alternatives involves creativity and avoiding preconceived attitudes and assumptions. It may be useful to brainstorm possible solutions before weighing their advantages and disadvantages. Note: Your alternatives should cover the entire domain of human resource management functional activities. However, it is important that you do not combine various activities into one alternative. For example, you should recommend that the hospital pay more, offer more benefits, overhaul their selection process, and provide more training all within one alternative.Step 4. Select the Best Alternative. Indicate the one alternative you have chosen that â€Å"best† solves the problem. It is important here to justify why you chose a particular solution and why it will best resolve the problem(s). Again, I recognize that doing more then one alternative would be better. But if you have to choose just one alternative (and you must choose just one), which one offers the greatest potential benefits toward addressing the problem(s). Step 5. Implementation Steps. Now that you have a solution, you must develop appropriate action plans to implement it.In this section of your written analysis, you want to specify, as much as possible, what should be done, by whom, when, where, and i n what sequence. For example: Who should implement the decision? To whom should it be communicated? What actions need to be taken now? What actions need to be taken later? If you recommend that the organization revise its performance appraisal process, give as much detail as possible on the content of the revisions. Finally, in this section you should also indicate follow-up procedures to monitor the implementation of your solution to ensure that the intended actions are taken and that the roblem is corrected. While these steps have been presented in linear fashion, case analysis does not involve linear thinking. You will probably find yourself thinking about all of the parts of the analysis simultaneously. This is perfectly normal and underscores the complexity of decision-making. To present a clear written analysis, however, it is important to write up your report in the analytical form just described. As you gain experience with the case method, you will end the course with a bet ter understanding of both your problem-solving ability and effective human resource management practices.Pitfalls in Analysis Amateurs at case analysis often encounter the pitfall of jumping to a conclusion, which in effect bypasses analysis. For example, a student may readily observe some overt behavior, quickly identify it as objectionable and, therefore, assume it is a basic problem. Later, with some dismay, the student may discover that the prescribed action had no effect on the â€Å"problem† and that the objectionable behavior was only a symptom and not the actual problem.Another common mistake is for students to reject a case because they think there is insufficient information. All desirable or useful information is seldom available for analyzing and resolving actual problems in real organizations. Consequently, managers must do the best they can with the information available to them. Furthermore, the main issue in solving the problems of many organizations is to det ermine what additional and relevant information is available or can be obtained before adequate analysis can be made and appropriate action taken.If additional information is available, the manager must decide whether it is worth getting, whether it is meaningful and relevant, and whether it can be secured in time to be useful. Thus, an apparent lack of information in cases is actually a reflection of the reality that students must learn to accept and overcome. Students occasionally search for the â€Å"right† answer or solutions to cases and sometimes they ask their instructor what actually happened in a case. Although some answers or solutions are better than others, there are no â€Å"right† answers or solutions.What actually happened in a case is usually irrelevant – the focus of case study should be on the process of analysis, the diagnosis of problems, and the prescription of remedial action rather than on the discovery of answers or end results. Many of t he cases were in the process of being studied and resolved at the time the pieces were written. Consequently, the real life outcomes are not always available. Although some of the cases do include what happened, no case is intended to illustrate either right or wrong, effective or ineffective solutions to human resource management problems.

Main Features of French Rule in Indochina

Main Features of French Rule in Indochina By 1893 France had colonised all of Vietnam, Laos and Cambodia and renamed it the French Indochinese Union. The French were oppressive and self-interested. They ran Indochina as a profit making venture and tried to ensure it paid for its own administration. Colonial governor Paul Doumer made the people pay for the cost of their own rule by increasing customs duties and direct taxes. He created official monopoly on salt, alcohol, and opium.Doumer concentrated on building railways and lighthouses while denying the people development and education. Before French rule 80 per cent of Vietnamese were literate in Chinese but by the end of 1940 only 20 per cent of boys were at school and a much smaller per cent of girls. The French exploited Vietnamese resources and labour. They paid the people minimal wages and forced them to work in horrific conditions. Vietnamese land was turned over to the production of rice, rubber, opium, spices and other commo dities to export for French profit.The French altered traditional land ownership and the Vietnamese peasants had to take out loans with the interest rate of up to 70 per cent to pay the rent of there land and homes. The French also introduced a currency system which was poorly understood and not trusted by the peasants who had always used bartering. With the change in land ownership came a massive change in Indochinese social structure. This destroyed village life which was the main Indochinese social unit. The village was the centre of their religious, cultural and economic lives and was the most important administrative unit in Vietnam.This destruction of the social system along with land ownership changes resulted in a small elite group of Vietnamese land owners who collaborated with the French and left the 90% of the population of the peasants oppressed and in poverty. The French ruled Indochina with force and used repressive methods to end any rebellion. They divided Vietnam in to three administrative divisions of Tonkin, Annam, and Cochinchina. A number of Vietnamese groups tried to rebel and were executed by the French. The majority of Vietnamese were Buddhist and the French tried to convert everyone to Catholicism.Anybody who rebelled against the French priests was imprisoned or executed. With the outbreak of World War Two France surrendered to Germany and allowed Japan to administer Indochina. This resulted in the destruction of culture and widespread famine. Towards the end of WW2 Japanese soldiers seized the bulk of the Vietnamese rice crop and French officials with held the remaining supplies from the peasants. This resulted in a major famine where 2 million people died. After WW2 the French tried to reclaim Indochina supported by the United States and Britain.Relations between the French and the Vietnamese deteriorated as key independence leaders Ho Chi Minh and General Giap began to fight for the rights of the Vietnamese. When the French broke the August agreement and bombed Haiphong killing six thousand civilians the first Indochinese war began. This war of attrition saw the Vietnamese develop skilled guerrilla tactics in the face of superior French fire power. By 1954 this conflict ended in the battle of Dien Bien Phu with a decisive Vietnamese victory. The Geneva conference that began the day after battle ended resulted in the end of French rule in Indochina.

Angelas Ashes Comparative Commentary Essay Example for Free

Angela’s Ashes Comparative Commentary Essay Although these two passages taken from the memoirs; Angela’s Ashes by Frank McCourt and Catcher in the Rye by J. D. Sallinger, are similar to each other in some aspects, such as mood, perceptions and attitudes towards death etc., their society, culture, and their ages make the contrast between their styles. In the passage from Catcher in the Rye, we see the 17-years-old Holden going to his brother Allie’s grave. From his comments about his brother’s death, we start to interpret his immature and irreverent character. â€Å"I know it’s only his body and all that’s in the cemetery, and his soul’s in Heaven and all that crap†¦Ã¢â‚¬  On the other hand, just like Frank McCourt’s, Holden’s anger, sadness and resentment is seen by his mood and tone. The 5-years-old little Frankie is already witness to his sister Margaret’s death, and now he losts his little brother Oliver. In this scene, where Oliver is buried in the graveyard, Frankie tries to understand the things around him with his childish curiosity and responses. â€Å"I did not want to leave Oliver with them. I threw a rock at a jackdaw that waddled over toward Oliver’s grave.† Nevertheless, although his age, Holden’s inability to come to terms with his brother’s death makes him angry and resentful. â€Å"All the visitors could get in their cars and turn on their radios and all and then go someplace nice for dinner – everybody except Allie. I couldn’t stand it.† There are some hints in the passages which suggest about the culture, societies and time the two memoirs took place. Holden says â€Å"the visitors could get in their cars and turn on their radios and all and then go someplace nice for dinner†¦Ã¢â‚¬ , whereas Frankie says â€Å"we rode to the hospital in a carriage with a horse† and â€Å"My mother and Aunt Aggie cried, Grandma looked angry, Dad, Uncle Pa Keating, and Uncle Pat Sheehan looked sad but did not cry and I thought that if you’re a mean you can cry only when you have the black stuff that is called the pint.† The â€Å"carriage with a horse† and the people â€Å"running like hell over to their cars† â€Å"and turn on their radios† show us that the scene from Angela’s Ashes took place many years before Catcher in the Rye. Moreover, with Frankie’s childish comment about his family, the men in his family appear as drinkers; this suggests about the Irish culture which all men are drinkers. The same comment also clearly shows us the difference between women and men in their culture. We also see that the two characters’ families and societies are Christian, and believe in the life after death. Holden says â€Å"I know it’s only his body and all that’s in the cemetery, and his soul’s in Heaven and all that crap, but I couldn’t stand it anyway.† On the other hand Frankie explains, â€Å"Dad said I shouldn’t throw rocks at jackdaws, they might be somebody’s soul. I didn’t know what a soul was but I didn’t ask him because I didn’t care.† Their perception towards religion is the same; they both believe in what is taught to them, but in both cases the characters’ sadness and anger are much greater then their religion now, when they lost their brothers whom they love and were connected so much. â€Å"I wish he wasn’t there. You didn’t know him. If you’d known him, you’d know what I mean.† â€Å"Oliver was dead and I hated jackdaws.† Both Frankie and Holden are alone with their thoughts and feelings; they cannot share them with anyone. Holden is too immature and powerless to face his brother’s death and Frankie’s parents wouldn’t answer his question marks about death. The two narrative characters cannot talk about or express their sorrow, they have to keep it inside and divert it into anger and hate of other things or people around them. â€Å"I’d be a man someday and I’d come with a bag of rocks and I’d leave the graveyard littered with dead jackdaws.† â€Å"All the visitors in the cemetery started running like hell over to their cars. That’s what nearly drove me crazy.† Hence the two characters need to heal theirselves by something else; writing. Angela’s Ashes Comparative Commentary. (2017, Aug 22). We have essays on the following topics that may be of interest to you

Budget proposal Term Paper Example | Topics and Well Written Essays - 1000 words

Budget proposal - Term Paper Example Section 1. Rationale In line with the corporate goal of XYZ Spa and Body Massage Parlor to keep track of its profit this quarter of the year, this budget proposal will specifically determine the needed overhead costs. This is very important in order that the management will be able to keep track of the expenses involved and the probable projection of the revenue that needed to be targeted. In line with this, the management requires the accounting department to submit a simple budget proposal showing the projected overhead costs of the company at different level of activities. Section 2. Background XYZ Spa and Massage Parlor has recently formulated strategic moves in order to project and increase its revenue. On January, the management specifically appointed the marketing department to formulate marketing activities that will help enhance the current revenue of company. Optimistic about the impact of this strategy, there is a need to plan ahead of time on the needed budget for the ope ration as the marketing strategy will help enhance revenue just in case if it is effective for the customers. From the past trend of the company for its three branches, marketing strategy has proven to be effective. Last year, it contributed about 20% of the revenue for the whole year. The management is quiet satisfied about this knowing that there are other competitors and with this, the company has significantly viewed its competitive edge through marketing strategy. This proposal is in line with the great concern of the CEO to generate budget plan on the overhead costs prior to setting significant revenue and just to be able to adjust cost of the final service offering. This is essential information knowing that the company has also to compete with the current pricing strategy that competitions are setting in the market. Section 3. Projected Budget Shown in Table 1 below is the proposed flexible budget of XYZ Spa and Body Massage Parlor for its three main branches. Included in th e budget proposal are variable overhead costs and fixed overhead costs. The management in general is concerned about the total overhead cost needed for the entire operation under different level of activity based on customers’ visits. However, it is also important to show in details the specific components of both variable and fixed overhead costs prior to sound decision-making process of the management (Garrison & Noreen, 2000; Cross & Richey, 1998; Fess & Warren, 1984). The basic components of variable overhead costs shown in Table 1 are spa and body massage supplies, promotional incentives for the customers, and electricity (variable). On the other hand, the basic components of fixed overhead costs are wages and salaries of staffs, rent, insurance, and utilities other than electricity. Based on the current trend and economic consideration of the inflation rate, the cost of spa and body massage supplies per customer’s visit is $1.75. Incorporating the management†™s marketing strategy with its actual service, it is important to have specific budget of $5.00 per customer on promotional incentives. This is to ensure more customers to avail of the services offered by the company at a specific limited time. This promotional activity and even the budget plan can be good only for one month but it can be extended for the entire quarter depending on the initial

Theory Testing Essay Example | Topics and Well Written Essays - 750 words

Theory Testing - Essay Example The basic principles in comfort theory are offering a holistic approach to nursing. This is achieved through supporting clinical decision made by health officials. Secondly, the theory defines nursing care and explains why a patient requires a specific health care basing on their health condition. The theory also elaborates the importance of family members and patient when participating in the nursing process for effective recovery of the patient (Walker, 2011). Comfort Theory Kolcaba described nursing as a process of determining a patient needs, making and implementing effective nursing interventions and assessing a patient comfort after nursing interventions. Evaluating may be through objective such as observing a wound as it heals or subjective which involves asking patient questions in order to understand if they are comfortable. Kolcaba also developed a theory to be used by nurses when caring for patients (Cook, 2008). This is a nursing theory developed by Katharine Kolcaba in 1 990s. Kolcaba broke down the theory into three forms. Ease: This involves placing patients in a comfortable state for them to feel relaxed. It involves solving issues that could cause stress or anxiety to a patient. Second is relief which is achieved through alleviating any pain that a patient may be experiencing. Comforting a patient through alleviating any physical injury on them that causes pain is an example of a relief. Lastly, transcendence is a state of comfort in which clients are able to overcome their challenges and recover their original form (Cook, 2008). Theory Testing Procedure Theory Testing Procedure involves qualitative analysis of comfort theory through critical thinking and assessing available data. The procedure involves exploring the richness, the depth and complexity involved in comfort theory. It is concerned with analyzing words, concept and impacts rather than the total number of patient under the given program. The procedures entail collecting information u sing relevant structures such as charts and maps and work out the procedure used in nursing. It also entails evaluating systems to determine whether they are effective enough in relieving, easing and transcendence a patient condition (Sitzman, 2011). The first step involves identifying a patient needs and investigating whether they are addressed. The second step is investigating the nursing interventions applied in comforting process. This is followed up by analyzing any extra measure taken to ensure the well being of a patient or enhance their comfort beyond their current conditions. Theory Testing Procedure should evaluate the methods used in identifying health seeking behaviors. These behaviors could be internal. In such case a patient has a health condition that could not be observed from outside. The second behavior could be external. This condition involves observable characteristics such as bleeding wound. The last step is analyzing the policies, practices and standards set i n comfort theory. These policies and practices should match a patient’s condition (Barry, 2005). Uses of Theory-Testing Outcomes The procedure is used to establish a patient comfort needs that have not been catered for by existing interventions or support systems. Nurses then design new interventions to handle unattended needs. The new intervention procedures are then taken into account to facilitate analysis in order to come up with immediate measures to enhance a patient comfort, and

Acute cholecystitis (case study) Case Study Example | Topics and Well Written Essays - 2000 words

Acute cholecystitis ( ) - Case Study Example The disease is fairly common, with over 500,000 operations being performed each year in the United States on individuals presenting with more severe cases of bile duct blockage and subsequent acute cholecystitis. Acute cholecystitis is the case of this inflammation that occurs sporadically, with the similar chronic cholecystitis being characterised by a more constant inflammation (South-Paul et al, 2010). Acute cholecystitis is far more common in women than in men, and occurs in the population more frequently with age (Sherlock et al, 2002). Pregnancy can also increase the liklihood of getting acute cholecystitis due to the presence of hormones that increase the liklihood of developing gallstones and the subsequent blocking and inflammation (Lai et al, 1998). There are many associated symptoms which are usually vague, and include nausea and fever (Eldar et al, 1997). Acute cholecystitis can be diagnosed in a number of ways that will be discussed within the course of this essay, but i maging techniques are the most conclusive, with metabolic panels being used as the primary detection method in suspected cases (Sherlock et al, 2002). Imaging techniques are the only way to get a conclusive diagnosis of the affliction. Treatment is usually antibiotics, although more severe and aggressive treatments are necessary in cases where gangrene and tissue necrosis are present. Operations may be needed to remove the causative gallstones (Kiviluoto et al, 1998). This essay will discuss all of these features of acute cholecystitis in more detail. Colecystitis is often caused by gallstones forming in the gallbladder, and especially refers to those that obstruct the custic duct (Sherlock et al, 2002). This obstruction can lead to issues with the bile system, which involve a thickening of the bile and associated stasis. This may very often lead to secondary infections by pathogens including but not limited to Escherichia coli (South-Paul et al, 2010). Both the

Strategic management. Current strategic structure for Qantas airline Essay

Strategic management. Current strategic structure for Qantas airline - Essay Example The company is an award winner for being in the top 6 airlines in the world for the past 5 consecutive years.The in flight entertainment and wine list have also won it numerous awards.Qantas Chief Executive Officer Alan Joyce has outstanding leadership experience in airlines and,therefore,understands the operation relatively well. Qantas has a strong governance structure and board which includes individuals with a wide range of experiences. The airline also operates a range of businesses that include baggage handling, check in and passenger lounges. It also operates Qantas catering that runs two businesses: Snap Fresh, a big manufacturer of frozen meats and other, different meal components; Q catering this is premium catering businesses. Q catering operates 7 centers across Australia and also sells to other airlines. It also supplies about four million bottles of the country’s wine. The airline has interests in the Singapore firm Holiday Tours and Travel. The airline merged wi th Jet set in July 2008, to create Jet set Travel World, where Qantas Airline owns 58 percent. Qantas program, frequent flyer, is another business with 15 million members. The program supplied over 450000 award seats on the program partner airlines. Qantas engineering runs a large maintenance and repair business that has earned the tag of being the best for their safety records. The airline also operates a holiday travel business. Qantas airline is a well branded airline as the spirit of Australia, and it has a number of outstanding accepted TV advertisements on this theme. Domestically, it is a well supported full service airline and in the Global travel as the Australian airline. The airline has still managed to be among the world’s most profitable airlines. However, in mid 2009 the profits became predicted to fall by 100 million. In response to this financial crisis Qantas airline has grounded decided to ground 10 aircraft, and has also informed Boeing that it will defer i ts orders for the 737-14 version of the aircraft and also a delay for the delivery of the new 15, 787 Dream liners. The decisions taken by the outgoing CEO George Dixon, to save money, has affected the airline both negatively and positively. He improved the bottom line but destroyed the operations of the Qantas engineers and the baggage handlers. British airways and Qantas airline underwent a number of merger talks in the late 2008. The benefits of this merger was the economies of scale present in the buying and flying of the aircraft, joint frequent flyer scheme and also, the joint IT scheme. However, problems in negotiations proved that the merger would not proceed, and the Qantas executives claimed to be looking for mergers with other airlines. The downsizing of the airline led to a number of strikes by the airline engineers and the baggage handlers. The CEO decision to outsource about 7000 of the airline employees became unwelcome (Hanson, 2010). This number of strikes have cost the airline lost revenue as more than 300 flights had to be cancelled during the period of the standoff between the management unions and the management board. During this period, Qantas airline lost Air New Zealand, which transitioned out of its maintenance contract with the airline, and opted to use the Cathay Pacific maintenance people. The strikes have proven fact that the Qantas airline workforce got well unionized and aggressive in the defense of their working conditions. Corporate and Business Strategy using the Balanced Score Board I have recommended the intensive strategy that includes; market penetration, market development and market development. Due to the nature of the industry the strategy is best for the company to survive. Market penetration should be implemented when the present market becomes not saturated, the rate of the current customers can be increased, and sales in the industry are increasing. In market penetration, the number of the sales person gets increa sed, increasing

Jack Michael Dixon as a policeman Coursework Example | Topics and Well Written Essays - 750 words

Jack Michael Dixon as a policeman - Coursework Example The misuse of personal data falls under the ambit of Data Protection Act 1984. On violation of mentioned act, the trial court awarded penalty of 500 GBP each on count-1 and count-2 along with the cost of suit amounting to 1,750 GBP. Q.2. Explain in your own words the legal issue in the case? Answer: Jack Michael Dixon was a police constable in the Nottingham police constabulary who misused personal data on the computers of the National Police. The misuse occurred in the sense that he was blamed for performing contrary to prescribed task enshrined in the relevant entry register. This invokes s5 (2) (b) (3) and (5) of Data Protection Act 1984. Accordingly he was found guilty on two counts by the trial court. For the initial offence he was convicted to an attempt and for the second time he was convicted to full offence. In each count the court of competent jurisdiction found him guilty and for each offence awarded him penalty of 500 GBP each plus cost of suit incurred thereon i.e. 1,750 GBP. Q.3. what technique of statutory interpretations, presumption and / or rule of language did Lord Goff employee in this case? Give reasons for your answer. Answer: The defendant Dixon on appeal was exonerated by the Court of Appeal. The prosecution against the judgment of the trial court files an appeal to Lordship’s House to reconsider the matter of exoneration. ... The defendant plea was that enquires made by him was legal. However, incidentally the enquired data was belonging to the Best Investigation Ltd. The trial court did not accept the plea and fined Dixon. The prosecution was of the view that displaying data on screen or make a print of it amounts to leakage the information to some other person which is in violation of section 5(2) (b).The concerned court accepted the stance of the prosecution and sentenced the said accused. Since the word ‘use’ has no specific meaning in terms of relevant act, therefore, it should be treated a commonly used word. The said word did not confine someone to perform something specific. The word used with reference to data amounts to information recorded in a computer readable format i.e. on the screen or to make a print out of it. But as per the interpretation of law, a police officer who have an access to his personal data or to the data of his chief, if knowingly / intentionally pass on the in formation to another person for an improper use liable to punish under the said Act. Q.4. To what aids to statutory interpretation did Lord Goff refer? Your answer should indicate whether such aids are â€Å"intrinsic† or â€Å"extrinsic†. Answer: In accordance with the interpretation of Lord Goff the similar principles are applicable in the disclosing of information being no specific meaning of the word ‘disclose’ available in the referred Act as in the case of defining the word ‘use’. In view the said Lord information recorded in a computer readable format cannot be disclosed or pass on to others for its use other than the prescribed purposes. However, the section 1(9) put no bar as far

CORPORATE STRATEGY Essay Example | Topics and Well Written Essays - 3500 words

CORPORATE STRATEGY - Essay Example However, the recent Cola-wars forced the company to change its strategy and look beyond the carbonated drinks. The company has undergone massive restructuring and found healthier alternatives to meet the challenges that globalization posed (Jonash, Koehler, Onassis, 2007). The purpose of a true strategy is to master the business environment by understanding and anticipating the actions and strategies of the competitors. Competition is intense in markets without barriers. Competitive advantage that a firm has must be such that it is difficult to duplicate. In other words, a must have some differentiating factor. According to Greenwald and Kahn (2005) the three factors that generate competitive advantage include customer captivity, proprietary technology and economies of scale. Pepsi’s strategy demonstrates a deep understanding of markets and identifying unmet customer needs, identifying existing and potential internal capabilities that could be used to leverage differentiation, clustering innovation opportunities around a strategic platform and investing in innovation and executing on the strategic growth platforms and the opportunities (Jonash, Koehler, Onassis, 2007). Pepsi has entered emerging markets which have opened up their economies. Thus PepsiCo has been following a differentiation strategy, which according to Johnson and Scholes, seeks to provide products or services unique or different from those of competitors in terms of dimensions widely valued by buyers (Business Strategy, 2002). Organic growth refers to the long-term strategy of the company, apart from enhancing its core strength and vitality (Porter, 1979). Although Pepsi has been concentrating on the core growth but in the past five years it has continues to pursue its strategy of growth through acquisition. As a long-term strategy, PepsicCo had entered the sports drinks market through the

Is fair trade fair Research Paper Example | Topics and Well Written Essays - 1500 words

Is fair trade fair - Research Paper Example 1923). Fair Trade organizations works in opposition to the capitalist market system, but works within it (Fair trade critique, 2010). They are backed by consumers and are engaged enthusiastically in supporting producers, raising consciousness and in organizing campaigns for bringing changes in the existing policies and practices of international trade. The producers in the South are often found to be marginalized to a great extent. The Fair Trade Organizations are working to make trading a fair practice which would accommodate the interests of all the trading partners. The concept of fair trade is relatively new and is commanding the interest of many researchers in current times. This paper presents a critical analysis of the concept of fair trade and evaluation of the practice by utilizing the theory of economics. The benefits of fair trade One of the most vital market based mechanisms is the practice of fair trade, which helps in the improvement of the livelihoods of the producers based in the developing countries (Nicholls & Opal, 2005, p. 5). The partnership between the producers and the consumers is targeted to provide a fair share of the benefits of trade to the farm workers and the farmers. This addresses â€Å"the imbalance of power in trading relationships† (What is Fairtrade? 2011). In many countries, particularly in the countries in the South, the farmers and agricultural producers are deprived of the actual yield of profits. Under fair trade the price for the products they sell is set according to the norms of the Fair trade Standards. Involvement of these workers in fair trade helps them to get better deals and also a superior terms of trade (O’Neill, 2007). This in turn provides them with the opportunity to lead a better standard of life and make better plans for their future. Fair trade prices The fair trade price is the minimum price that has to be paid to the fair trade producers. This price acts â€Å"as a safety net† (Wha t is Fairtrade? 2011) for the farmers. It is determined by the regulations mentioned in the Fair trade Standards. This price is associated to all the products that are Fair trade certified. This price is set in such a way that it can cover the â€Å"average costs of sustainable production† (What is Fairtrade? 2011). When the markets fall below the level of sustainable production, the farmers obtain a meager price for their produces; the fair trade prices are designed to safeguard the interests of the vulnerable producers. Sometimes the prices are negotiated with the buyers to yield a higher price on the basis of the quality of the products. Classical theory of employment According to the classical school of economics â€Å"the wage is equal to the marginal product of labor† (Keynes, n.d.). This implies that the real wage entitled to an employed person is the minimum amount of remuneration provided to the person to induce him to put the amount of effort or labor that is actually exerted. The wage is equal to the value of output that is foregone when one unit of the labor is removed from the process of production. The classical theory of economics is built under the assumption of the competitive market, in which the amount of labor employed and the amount of wages are determined by the forces of the market. In this context, the disutility

Modern America Matrix Essay Example for Free

Modern America Matrix Essay After John F Kennedys death, on December 6, 1963. Theodore White wrote an essay for Life magazine in which he compared Kennedys life to the legend of Camelot. Theodore White wrote that this was a time with a â€Å"magic moment in  American history when gallant men danced with beautiful women, when great deeds were done, when artists, writers, and poets met at the White House. There will never be another Camelot again†. Moss, G.D., Thomas, E.A. (2013). Moving on: The American people since 1945 (5th ed. ). Boston, MA: Pearson. Marilyn Monroe Marilyn Monroe was a movie star sex symbol in the 1950’s Marilyn served as a role model for women. The fashion of the day was not about comfort but to be very sexy and femininity conforms to the prevailing sexual stereotype. Moss, G.D., Thomas, E.A. (2013). Moving on: The American people since 1945 (5th ed.). Boston, MA: Pearson. Tariff Reductions August 1993, Congress approved a new round of tariff reductions on manufactured goods covered under the General Agreement on Tariffs and Trade. The tariff on manufacturing good had been affect since World War II. In 1993 congress reduced the tariff to help the country’s economic recovery. In 1994, Clinton followed these victories by reducing trade barriers with major Pacific Rim nations. Moss, G.D., Thomas, E.A. (2013). Moving on: The American people since 1945 (5th ed.). Boston, MA: Pearson. Peace Corps In 1961, the Kennedy administration launched the Peace corps. This was established to help Latin America and other third world countries. The Peace Corps was formed because of the cold war concerns in third world countries and from a desire to give idealistic young Americans an opportunity for public service. Over the next two years, about 7,500 Peace Corps volunteers were sent to forty-four nations in Asia, Africa, and Latin America. Most of them worked as teachers; others found jobs in health care, agricultural reform, and community development Moss, G.D., Thomas, E.A. (2013). Moving on: The American people since 1945 (5th ed.). Boston, MA: Pearson. Alliance for Progress In the 1960’s the Kennedy  administration developed a multifaceted assistance program called the Alianza para progreso. The Alliance for progress was established to blunt the appeal of Castroism and foreclose Soviet opportunities in Latin America. Over the  life of the program, billions of dollars in loans and grants from both public and private sources were fed into the Alliance for Progress. Moss, G.D., Thomas, E.A. (2013). Moving on: The American people since 1945 (5th ed.). Boston, MA: Pearson.

The Boy Who Loves Green Straws

The Boy Who Loves Green Straws Leo Rosa, the boy who loves green straws, was diagnosed as autistic in 2002 when he was two years old. His father, Craig, produces science videos for a TV station in San Francisco, and his mother, Shannon, is a blogger, and software consultant. He has two sisters, Zelly and Gisela. For the first few months after he was born, Leo Rosa seemed like a normal developing baby. It wasnt until his first birthday that the Rosas noticed anything unusual about him: he was taking his favorite toys and sliding them from one place to another, over and over again. Leo had always been a picky eater. His diet consisted almost exclusively of peanut butter and jelly sandwiches, bananas, guacamole, Goldfish crackers, and popcorn snacks. He began suffering from frequent episodes of diarrhea and vomiting. Shannon took Leo to an allergy specialist to test him for allergies. All the tests came back negative. When Leo was two years old, a pediatrician friend noticed that Leo was not responding when called by his name. But when they checked Leos hearing, his hearing was fine. The director at a regional center told Craig and Shannon that Leo might be autistic. Shannon felt devastated. She spent hours searching for information to help her son. Two books in particular made an impression on her: Catherine Maurice: Let Me Hear Your Voice: A Familys Triumph over Autism; and Karyn Seroussi: Unraveling the Mystery of Autism and Pervasive Developmental Disorder: A mothers Story of Research and Recovery. Catherine Maurices book focused on applied behavior analysis (ABA), a behavior modification technique based on the animal-training theory of B.F. Skinner. Karyn Seroussis book tells the story of a mother using a technique called biomedical intervention pioneered by Navy psychology Bernard Rimland. The foundation of this approach is the so-called GFCF diet, a strict diet free of gluten and casein, two proteins found in wheat and dairy products. The theory was that vaccines, like the DPT and the MMR leave some children unable to digest these proteins, leaving the walls of their intestine permeable (leaky gut syndrome). The undigested proteins are then carried by the bloodstream to the brain where they wreak havoc with normal development. Along with the GFCF diet, Seroussi used an aggressive program of high-dose vitamins, minerals, enzymes, and supplements developed by Rimlands Defeat Autism Now! (DAN!) network. After reading Seroussis book, Shannon took Leo to see a DAN! Doctor in nearby Los Altos. Samples of Leos blood, hair, stool, and urine were dispatched to the DAN!network for analysis. The allergist who had tested Leo months earlier hadnt turned up any red flags, but the test results from the DAN!network showed that Leo was extremely reactive to peanuts, and soy, and highly allergic to gluten and rye. Leos heavy-metal profile was also problematic, according to the doctor, and they should consider chelation to kick-start their sons recovery process. While they prepared Leo for chelation, the doctor suggested, they could undertake treatments to help correct his systemic imbalance. One such therapy is called BioSET, and the doctor knew of a skilled BioSET practitioner who had an office just down the block and said he would provide the Rosas with a referral. During one of Leos BioSET treatments, Shannon discovered that the therapist and the doctor were a couple. But the doctor hadnt said a word about their relationship when he made his referral, and neither had the therapist. A few months later, the Rosas returned to the doctors office for another round of lab results and consultation. There were some bad news. The heavy-metal profile showed that Leos body was now excreting low levels of mercury. This development made Leo an urgent candidate for chelation. Craig had been trying to get to the root of his research on chelation. The vaccination issue was particularly confusing for Craig because hed been reading a new batch of studies challenging the validity of Wakefields paper of mercury/autism hypothesis. He had told his father, Marty, that they were considering intravenous chelation on the advice of their doctor. Marty replied with a lengthy letter in which he expressed his concerns. He would not put their hope on chelation and food supplements. As a health care professional, he said, he was unnerved by the sheer number of disclaimers in the DAN! Report. Marty felt that the risk was too high to Leo. On the next visit to Los Altos, the doctor brought up chelation again. But this time Craig challenged him. He asked the doctor whether there were any scenario that he would not recommend chelation, and the doctors answer was no. At that point, Craig and Shannon walked out of the doctors office and never went back again. *** Leo was nowhere close to recovery, but he was thriving in his own ways. He connected with his ABA therapist. For 24 hours a week, she worked with him on mastering simple tasks that would enable him to care for himself and express his desires and preferences more effectively. Then Shannon read a book that inspired her to think differently about Leo. Making Peace with Autism was Susan Senators story of raising her autistic son. The book promoted no theories of autism causation and promised no astonishing recovery. After reading the book, Shannon stop treating her son like a science experiment and started improvising creative ways of making connections with Leo and meeting his needs.

The Information Technology Act

The Information Technology Act When Internet was developed, there was hardly any inclination that Internet could transform itself into an all pervading revolution which could be misused for criminal activities and which required regulation. Today, there are many disturbing things happening in cyberspace. Due to the anonymous nature of the Internet, it is possible to engage into a variety of criminal activities in cyberspace. All existing laws had to be amended to suit the latest developments. Since other laws cannot handle cyber legislations completely, the need was felt to introduce cyber law as a separate discipline. Reasonable Security Measures must be adopted while handling, storing, processing Sensitive Personal Information and Data. This paper examines the various aspects of Cyber Legal System. Keywords- Cyber Crimes, Cyber Crime Investigation, Cyber Forensics, Cyber Space, Cyber Law, Data Protection, Digital Signatures, E-Contracts, Intellectual property rights, IT Act INTRODUCTION The growth of Information Technology has given rise to a new society named Cyber Society. Computers and allied technology is used as a basic tool in Communication, Storage, and Control. Cyber Society includes Cyber Space which is no different from physical space in real society. Information and Communications Technology popularly known as ICT is considered as an integration of computers, software, storage, visual systems, telecommunications that enables a user to access, store, transmit and handle information. To maintain harmony and co-existence in Cyber Space, a need was felt for a legal regime which we call as Cyber Law. In simple words, Cyber Law is the law governing and regulating cyber space. Cyber Laws impact every aspect of Cyber Society be it Education, Entertainment, Business etc and are considered as basic laws of Cyber Space. INFORMATION TECHNOLOGY ACT Indian Cyber Law comprises mainly of Information Technology Act. The Information Technology Act was enacted in the year 2000 and came into force since then. IT Act 2000 is not a penal statute. The Act is intended to promote e-governance of which an essential part is e-commerce. All cyber crimes do not come under the ambit of IT Act; many crimes are covered under IPC. The objective of IT Act 2000 is to provide legal recognition to electronic records and transactions carried out by way of electronic data interchange. CYBER CRIMES Cyber Crimes require no special introduction. In this information technology era, computers and technology are used in every phase be it Business, Education, Governance, Communication, Booking of Rail, Air, Cinema Tickets to name a few. Crimes committed in the Cyber World are Cyber Crimes. In general, cyber crimes can be explained as crimes committed by using a computer either as a tool or a target or sometimes both. There are a variety of Cyber Crimes including Unauthorized Access, Tampering Computer Source Code, Electronic Documents, Forgery, Virus, Trojans, Online Defamation, Cyber Trespass, Stalking, Email Harassments, and Lottery Scams etc. New types of crimes are evolving day by day. Information Technology Act 2000 discusses certain types of Cyber Offences and provides Civil and Criminal Remedies thereon. The punishment is also provided under Information Technology Act 2000, Indian Penal Code, Criminal Law, and Banking Law etc. Therefore, any crime committed on the Cyber Space or by use of Cyber tools is punishable under Indian Law. These Laws are also applicable for persons residing outside India provided any computer, computer network, computer resource in India is used to commit a crime. E-CONTRACTS DIGITAL SIGNATURES A contract is considered as a key element in business. All agreements enforceable in a court of law only are called contracts. The ICT has given a new medium to transact business which is the electronic medium. A new form of business called e-business has become popular today which led to a revolution in commerce by way of e-commerce. With the rise in e-commerce, e-business, the business essentials also turned electronic. This has bought in a revived approach to paper based contracts by introducing e-contracts or online contracts. Information Technology Act has provided legal recognition to all e-contracts. The Act has advanced a unique form of authentication by way of e-authentication which includes digital and electronic signatures. An Electronic document to be legally valid has to be affixed with digital/ electronic signature. The digital signature is needed to use a PKI (public key infrastructure) authentication mechanism. Digital Signature forms an important component of E-contracts and a standard one way hash algorithm is adopted for checking the data integrity. In simple words, there is a public key which in the public domain and there is a private key which is known only to the private user, only if both the keys correspond the document is validated. The Government has licensing authorities called CAs (Certifying Authorities) who would be responsible for issuing a standard key generation systems to the public. A digital certificate would be issued based on application and certain approved procedures. At present there are four agencies established for this purpose including NIC, IDRBT and two private agencies like TCS, Safe Scrypt. IT Act 2000 has also provided a clarification as to determining the time and place of an electronic document when it is transmitted from one place to other. Any electronic document including a webpage, e-mail or any computer generated document can be held against the originator for legal purpose under the ambit of this law. Any automatic system which is either a hardware or software like programs, servers, routers can be considered as an Agent of the owner and any action taken by such a system may be legally held to be an action taken by the owner himself. DIGITAL RIGHTS Freedom of Speech and Right to Privacy are considered as certain rights which all the Citizens enjoy in the nation. Correspondingly, these rights also exist in the digital world. Just as freedom of speech is guaranteed by the Constitution of India, the same also extends to Online Speech or Cyber Speech that might include expression on a website, rights of regulators to restrict the freedom in the interest of sovereignty and integrity of the country, maintaining friendly relations with its neighbors as well as to retain harmony and peace in the society. The Information Technology Act provides that the Controller of Certifying Authorities can order decryption of any information and failing to co-operate with the concerned authority could lead to imprisonment. In addition, under POTA (Prevention of Terrorism Act), the appropriate authorities can intercept communication including emails under approved procedures without the knowledge of the user of the email. Likewise, an investigating Police officer has certain rights to not only intercept and monitor communication but also provide requisition support of the Network administrator for the purpose under Criminal Law read along with Information Technology Act. Right to privacy is a personal right that is guaranteed by the Constitution of India. In the world, whenever a person visits a website or sends out an e-mail his digital identities are being recorded by several systems. Additionally, users share their personal information for varied reasons to different websites. This information is covered under the privacy rights of a user. INTELLECTUAL PROPERTY There exists digital property in cyber world as like the real property in real world. The digital property is also known as Intellectual Property. It is an intangible asset and a vital element in the e-business. It comprises of Copyright, Patent, Trade Mark, Trade Secret, Domain Name, Semi Conductors and Industrial Layouts, Designs. Domain Name is a crucial digital property which a website owner possesses. There is a contractual arrangement between the Domain Name Registrant and Domain Name Registrar. Domain Name registrars are those who are authorized for the purpose by ICANN (Internet Corporation for Assigned Names and Numbers) and the law regarding domain names is governed indirectly by the policies of the ICANN. Laws relating to domain names is associated and linked closely to Trade Mark Law. Generally, the person holding a trademark right can claim priority to possess a corresponding domain name. Content is another cyber property that needs to be considered. Content either within a file or on a website confers a copyright to the original author. The holder of copyright can assign or license the copyright for a price or allow it to be freely used by the public. Infringement, Punishments, Remedies are provided under the Copyright Law. Copyright in cyber world has some grey areas mainly due to a strict definition of Copyright law as applicable to the Meta Society would make Caching, Proxy Server Setting, Meta Tags setting, Caching by a search engine, Hyper linking, Framing, File Sharing etc as possible copyright infringements. Another area where digital property can be recognized is patents on Software and Web Utilities. These are encompassed under the Patent laws. A patent holder can enforce payment of licensing fee or damages if a Patent system is used by another person without specific authorization. Patents in the cyber world are facing a dilemma especially in regard to aspects of technology that are needed to keep the Internet going like Framing, Hyper Linking etc since they are claimed as patented products by the patent holders. DIGITAL EVIDENCE Evidence is the element which probablises a case in a court of law. The evidence in digital form is called Digital Evidence. This digital evidence may be found in computer hard disks, cell phones, iPods, pen drives, digital cameras, CDs, DVDs, floppies, computer networks, the Internet etc. In Civil Law, evidence is analyzed on the principle of PREPONDERANCE OF PROBABILITY. In Criminal Law, evidence is analyzed on the principle of BEYOND RESONABLE DOUBT. Digital Evidence is relatively difficult to destroy. Even if it is deleted, digital evidence can be recovered. When criminals attempt to destroy digital evidence, copies can remain in places they were not aware of. The Present Legal Scenario mandates two sets of quantum of evidence à ¢Ã¢â€š ¬Ã‚ ¢ STRINGENT à ¢Ã¢â€š ¬Ã‚ ¢ RELAXED FACTORS OF DIGITAL EVIDENCE à ¢Ã¢â€š ¬Ã‚ ¢ IDENTIFICATION à ¢Ã¢â€š ¬Ã‚ ¢ PROCUREMENT à ¢Ã¢â€š ¬Ã‚ ¢ PRESERVATION à ¢Ã¢â€š ¬Ã‚ ¢ ANALYSIS à ¢Ã¢â€š ¬Ã‚ ¢ PRESENTATION IN A COURT OF LAW If it can be proved that the chain is not compromised and from the time the sample is taken a standard protocol was followed,the defence tries to demonstrate that there was a possibility of compromise in the chain and proves that he is entitled for a benefit of doubt.(NDPS ACT ,FOOD ADULTERATION). The basic philosophy of understanding or accepting evidence is to know its authenticity. A document should be demonstrated or proved that it is the same document what is purports to be. The forensic skills, technology may be used to prove or demonstrate before a court of law. Section 65 B of the Indian Evidence Act 1872- a certificate similar to Section 3, 4 of Bankers Book Evidence Act. LOGIC BEHIND THE LAW In a secure environment, if persons are to transact there should be a trusted authority. The authority would supervise things to check the integrity, attributions and to prevent non- repudiation. If all these characteristics are given to any environment, the legal system of any country would accept it as legally admissible evidence. TRUSTED AUTHORITY The certificate issued by a trusted authority there is a general tendency to believe it to be true. There are many cases of manipulation of these certificates, but still such systems are not scrapped off. Eg: Voter ID, Passport There cannot be a 100% fool proof system. If it can be demonstrated before a court of law that the new technology is reasonably reliable which would indicate that if manipulated can be found out, then it is accepted by the court. The trusted authority is the certifying authority. It certifies the digital signature. There is an attribution or a presumption a corresponding amendment in the Evidence Act all these together make a presumption. All presumptions are rebuttable. The presumption shifts the onus or burden to the other party to prove the compromise. It applies to civil and criminal law. It is the passport office of the digital world. CYBER CRIME INVESTIGATION It is the Collection, Analysis, investigation of digital evidence, cyber trails. The various techniques of cyber crime investigation include forensic analysis of digital information -using forensic tools, use of sound forensic procedure to identify and detect evidence, examination of evidence, observation of proper custody of evidence, control procedures, documentation of procedures, findings to ensure admissibility in a court of law, preparation of comprehensive written notes, reports. INCIDENT RESPONSE It is considered as a pre-cursor to techniques of cyber crime investigation, forensic tools. Incident Response may be referred to as precise set of actions to handle any security incident in a responsible, meaningful and timely manner. The goals of incident response include confirming whether an event has occurred, educating senior management, helping in detection or prevention of such incidents, minimizing disruption, facilitating criminal action against perpetrators. Various steps of incident response are detection of incidents, initial response, investigation of event, reporting, resolution, pre-incident preparation. CYBER FORENSICS It is considered as the use of investigative, analytical techniques to identify, collect, examine, preserve and present evidence or information which is magnetically stored or encoded. Cyber Forensics can be also defined as the scientific method of examining, analyzing data from computer storage media so that data can be used as evidence in court The goal of computer forensics is to perform a structured investigation while maintaining a documented chain of evidence to find out exactly what happened on a computer and who was responsible for it. Computer evidence is just like any other evidence in the sense that it must be authentic, accurate, complete, convincing to Juries, in conformity with common law and legislative rules. EXAMINER OF ELECTRONIC RECORDS Section 79 A of IT Amended Act 2008 empowers the Central government to appoint any department or agency of Central or State government as Examiner of Electronic Evidence. This agency will play a crucial role in providing expert opinion on electronic form of evidence The explanation to the Section has an inclusive definition of electronic form evidence that means any information of probative value that is either stored or transmitted in electronic form and includes computer evidence, digital audio, digital video, cell phones, digital fax machines. With the increasing number of cybercrime cases it will become necessary to set up at least one Examiner of Electronic Evidence in each State. The CDAC cyber forensics lab in Trivandrum, CFSIL laboratory in Hyderabad are playing similar role at present in cybercrime. COMPUTER- LEGAL DEFINITION COMPUTER is defined under Section 2(1)(i) of the IT Act as:- Computer means any electronic magnetic, optical or other high-speed data processing device or system which performs logical, arithmetic, and memory functions by manipulations of electronic, magnetic or optical impulses, and includes all input, output, processing, storage, computer software, or communication facilities which are connected or related to the computer in a computer system or computer network;[1] ANALYSIS OF DEFINTION The term computer has been defined in a very wide sense. Considering the definition, devices like microwave ovens, washing machines, scanners, printers, desktops, personal computers, mobile phones etc are considered as a computer under Information Technology Act. COMMUNICATION DEVICE Similarly the word communication devices inserted in the Information Technology Amended Act 2008 has been given an inclusive definition, taking into its coverage cell phones, personal digital assistance or such other devices used to transmit any text, video etc like what was later being marketed as iPad or other similar devices on Wi-Fi and cellular models. CYBER SECURITY There is a need to create a secure environment in cyber space and also prevent unauthorized access and misuse of computer system. In simple words, the security of the cyber space can be called cyber security. Cyber security is critical due to the dangers that threats in cyber world. It requires a global co-operation and effort from all stake holders. DEFINITION The term Cyber Security is for the first time given a legal definition under Indian Cyber Law. Cyber Security has been newly added in the IT Amended Act 2008, under Section 2 (nb) which is as under- Cyber Security means protecting information, equipment, devices, computer, computer resource, communication device and information stored therein from unauthorized access, use, disclosure, disruption, modification or destruction. [2] ANALYSIS OF DEFINTION The said definition provides security in terms of both, physical security to the devices and security to the information stored therein such devices. The above definition also provides protection for unauthorized access, use, disclosure, disruption, modification and destruction to both physical device and the information stored therein. All communication devices like phones, smart phones and other devices used to communicate audio, video, image, text is covered under the ambit of the definition. DATA PROTECTION LEGAL REGIME Processing of data raises considerable issues on privacy, e-security, misuse of individual information and data. Personal data like credit cards, debit cards etc are normally routed via many countries. The Government of India recently notified the Reasonable security practices and procedures and sensitive personal data or Information Rules, 2011 (Rules) under Section 43A of the Information Technology Act, 2000 (ITA). These Rules have been made effective from April 11, 2011. Section 43A of the ITA inter alia deals with protection of data in electronic medium1 by providing that when an body corporate is negligent in implementing and maintaining reasonable security practices and procedures in relation to any sensitive personal data or information which it possesses, deals or handles in a computer resource which it owns, controls or operates and such negligence causes wrongful loss or wrongful gain to any person, such entity shall be liable to pay damages by way of compensation to the person so affected. Section 43A applies to data or information in a computer resource. The Rules define Personal Information and Sensitive personal data or information to mean as follows: Personal Information means any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available with a body corporate, is capable of identifying such person Sensitive personal data or information means such personal information which consists of information relating to;- (i) Password; (ii)Financial information such as Bank account or credit card or debit card or other payment instrument details; (iii) Physical, physiological and mental health condition; (iv) Sexual orientation; (v) Medical records and history; (vi) Biometric information; (vii) Any detail relating to the above clauses as provided to body corporate for providing service; and (viii) Any of the information received under above clauses by body corporate for processing, stored or processed under lawful contract or otherwise.[3] EXCEPTION TO SENSITIVE PERSONAL DATA OR INFORMATION Any information that is freely available or accessible in public domain or furnished under the Right to Information Act, 2005 or any other law for the time being in force is not to be regarded as sensitive personal data or information. ANALYSIS Definition of personal information is wider than sensitive personal data or information (SPDI). The definition of SPDI is in the nature of an exhaustive list of items. Hence, no other information apart from the one listed above, would be considered as SPDI. It is interesting to note that Section 43A only included SPDI within its ambit, but some of its provisions of the Rules have been made applicable to Personal Information. It is appropriate to note that these Rules apply to personal information irrespective of the nationality of the provider of the information; thus information provided not only by Indian nationals but also by nationals in different jurisdictions, whose information is stored, dealt or handled by a corporate entity in a computer resource in India would attract the provisions of the ITA. The applicability is driven by the location of computer resource in India, as can be seen from the wording of Section 43A of the ITA read with the Rules. Rules will also be applicable in cases where the information is collected in India and is transferred to any computer resource outside India and also in cases where the information is neither collected nor stored in India, but is dealt with or handled in India E.g. even accessed from India. Thus, typical outsourcing businesses where personal information of foreign nationals is transferred to Indian entity (ies) who deal or handle such information would henceforth attract the provisions of the IT Act. DATA PRIVACY RULES SECURITY MEASURES The Data Privacy Rules require that the body corporate and the Data Processor implement reasonable security practices and standards; have a comprehensively documented information security program, and security policies. These must contain managerial, technical, operational and physical security control measures that are commensurate with the information assets being protected and with the nature of business. The International Standard IS/ISO/IEC 27001 on Information Technology Security Techniques Information Security Management System Requirements is recognized as an approved security practices standard that the body corporate or the Data Processor could implement to comply with security measures under the Data Privacy Rules. Any other security standard approved by the Central Government may also be adopted by the body corporate or the Data Processor in compliance with the security measures under the Data Privacy Rules. The security standards adopted by the body corporate and the Data Processor should be audited by an auditor approved by the Central Government. The audit must be carried out at least once every year, or at such times as the body corporate or the Data Processor undertakes a significant upgrade of its process or computer resource. If there is an information security breach, the body corporate or the Data Processor will be required, upon request from a governmental agency, to demonstrate that it has implemented the security control measures as per its documented information security program and information security policies. A corporation is required to designate a Grievance Officer to address the grievances of the Provider. The name and contact details of the Grievance Officer must be published on the website of the body corporate. The Grievance Officer must address the grievances within 1 month from the date of receipt of grievance. JURISDICTION Since the cyber world is a boundary less world, there are lots of issues regarding Jurisdiction, which laws would apply. Material may be lawful at one place, but unlawful somewhere else for instance the places from where is it accessed. The Yahoo Case is a classic example. ILLUSTRATION Consider a scenario, where a person A is employed as a computer programmer by a bank in Country X. The programmer managed to instruct a computer to transfer money to his account in Country Y. A case was registered against the programmer in Country X. On Appeal, the Court in Country X had no jurisdiction over matters from Country Y. Though S.75 of IT Act provides for extra-territorial operations of this law, but these should be enforced with orders and warrants of external authorities and demands a highest level of inter-agency cooperation. ADJUDICATING AUTHORITY ADJUDICATING OFFICER Up to Rs.5 Crores IT SECRETARY OF THE STATE. CYBER APPELLATE TRIBUNAL appellate jurisdiction. SUB COURT or CITY CIVIL COURT. CYBER CRIME PROSECUTION Section 67 C to play a significant role in cyber crime prosecution- Section 67 C brings a very significant change in the IT Act, 2000. According to this section, intermediaries shall be bound to preserve and retain such information as may be prescribed by the Central government and for such duration and format as it may prescribe. Any intermediary that contravenes this provision intentionally or knowingly shall be liable on conviction for imprisonment for a term not exceeding 2 yrs or fine not exceeding one lakh or both. Many cybercrime cases cannot be solved due to lack of evidence and in many cases this is due to the fact that ISP failed to preserve the record pertaining to relevant time . This provision is very helpful in collection of evidence that can prove indispensable in cybercrime cases POSSIBLE RELIEFS TO A CYBERCRIME VICTIM- STRATEGY ADOPTION A victim of cybercrime needs to immediately report the matter to his local police station and to the nearest cybercrime cell Depending on the nature of crime there may be civil and criminal remedies. In civil remedies, injunction and restraint orders may be sought, together with damages, delivery up of infringing matter and/or account for profits. In criminal remedies, a cybercrime case will be registered by police if the offence is cognizable and if the same is non cognizable, a complaint should be filed with metropolitan magistrate For certain offences, both civil and criminal remedies may be available to the victim CONCLUSION The word cyber crime is not mentioned in the IT ACT for the reason that not to scare away the potential users and keeping in mind the basic philosophy of reducing the digital divide(computer literate or not ) . Reasonable measures should be adopted. The IT Act is an articulation of all existing laws with e added to most of the provisions. The dark or grey areas should not alone be highlighted. We can therefore conclude that cyber law knowledge is the need of the hour for the persons working with computers, computer systems, computer networks, computer resources and information communication technology since these laws cover the legal aspects of the information technology and ignorance of law is no excuse in the eyes of law.

film history :: essays research papers

A Short History of Korean Film 1903-1945: Korea Under Japanese Rule 1903 -- First public screening of a film in Korea. 1910 -- Korea is formally annexed by Japan. 1919 -- First film, a kinodrama (play with motion picture inserts) named Uirijeok Gutu. 1923 -- First silent film, Plighted Love Under the Moon directed by Yun Baek-nam. 1926 -- Arirang by Na Un-Kyu. 1935 -- First sound film, Ch'unhyang-jon directed by Lee Myung-woo. 1937 -- Japan invades China; the Korean film industry is converted into a propaganda machine. 1945-1955 1945 -- Japan surrenders to the Allied Forces; Korea regains independence, but is soon divided in two. 1949 -- Korea's first color film, The Women's Diary by Hong Sung-gi. 1950 -- War starts on the Korean Peninsula. 1953 -- Cease-fire agreement signed at P'anmunjom. 1955-1969: A Golden Age for Korean Cinema 1960 -- The Housemaid, directed by Kim Ki-young. 1961 -- Obaltan, (pictured left) directed by Yu Hyun-mok. 1961 -- The Houseguest and My Mother, directed by Shin Sang-ok. The 1970s 1973 -- Establishment of Korean Motion Picture Promotion Corporation (KMPPC). 1974 -- Establishment of Korean Film Archive. 1979 -- Military dictator Park Chung-Hee is assassinated. 1980-1992 1980 -- Kwangju Massacre. 1981 -- Mandala, directed by Im Kwon-taek. 1988 -- Hollywood studios granted direct distribution rights in Korea. 1992-1999 1992 -- Marriage Story is the first film produced by a member of the chaebol. 1993 -- Democratically-elected government led by Kim Young-sam succeeds military dictatorship. 1993 -- Sopyonje, directed by Im Kwon-taek. 1997 -- Opening of Seoul Cinema Complex in Kyonggi-do. 1999 -- Shiri, directed by Kang Jae-Gyu, becomes best-selling film ever. History of the Korean screen quota -Introduced in 1966 but took effect in 1993 -In 1993 the Korean government allowed Hollywood films to be distributed directly by meeting most of the demands of US-Korean film negotiations that had taken place in 1985 and 1988. -Given no governmental support, the market share of Korean films amounted to only 15% at that time. -Korean movie theaters were compelled to run their own movies 146 days a year before 1993 but in reality many theaters were only running Korean films 6 days a year while Hollywood films were run the rest of the year. -After 1993 the â€Å"Screen Quota Watchers† and the screen quota system keep track of the days that Korean films are played and enforce the laws that are in effect. The Legal System -Movie promotion law required a screen to run Korean films 40% of the time or 146 days a year but after a couple of regulations that lessened the quotas effect the number has been reduced to 106 days a year or 29.

Essay --

The cardiac cycle is equilibrium to one complete heartbeat, first the atria contracts and then ventricles contract and then relax. This can be marked by the many changes in blood volume and pressure within the heart. While the heart is in complete relaxation (diastole) the pressure in the heart is very low, blood is flowing from the pulmonary and systemic circulations into the atria and on through to the ventricles; the semilunar valves are closed and the AV valves are open (Pearson, 475). Not long after atrial contraction occurs and atrial pressure increases, forcing residual blood into ventricles, then ventricular systole begins and intraventricular pressure increases swiftly, closing the AV valves. The ventricular pressure surpassed when this happens the semilunar valves are forced open, and the blood in the ventricular chambers is dispersed through the valves. In the course of this phase the aortic pressure reaches approximately 120mmHg in a healthy young adult. During ventricula r systole the atria relax and their chambers fill with blood, resulting in a gradual increase in atrial pressure (Martini, 684). At the end of ventricular systole, the ventricles relax: the semilunar valves closes shut (preventing backflow), and momentarily, the ventricles are closed chambers. The aortic semilunar valve snaps shut causing a quick increase in the aortic pressure, results from the elastic recoil of the aorta after the valve closes. As the ventricles relax, the pressure within them begins to drop. The average heart beats approximately 75 beats per minute, the length of the cardiac cycle is about 0.8 second (Martini,). There are sounds heard in the cardiovascular system result from turbulent blood flow. There are two unmistakable sounds ... ...ds have disappeared the diastolic pressure is recorded. After the data is collected you must then calculate your numbers to get your mean arterial pressure (MAP) using the formula two-thirds diastolic plus one-third systolic (MAP=2/3 diastolic + 1/3 systolic). Checking my pulse before and after light exercise I was able to obtain my cardiac output using the formula heart rate times stroke volume (CO=HR(SV)) because stroke volume varies with gender as well as body type professor Raj provides us with those numbers. After those numbers were calculated we were then able to measure the total peripheral resistance (TPR) using what information we already had using the formula MAP/CO. In the data that follows you will see the average for a group of 25 people for each mean arterial pressure, cardiac output, and total peripheral resistance before and after the light exercise.

Interracial Relationships Essay -- Interracial Couples Marriage

Why do people stare at interracial couples and feel betrayed by the person of the same race? How must the couple feel when people stare at them everywhere they go? In June of 1958, a white man and a half African-American and half American-Indian woman, both native citizens of Virginia, wed in South America. Not long after the marriage the couple returned back to the state of Virginia where they decided to establish a happy family. In October of 1958 the couple received an indictment charge, stating that the marriage had violated Virginia’s law of no interracial marriages. The couple was found guilty and was sentenced to one year in jail; however, the judge saw no harm in the marriage. If the couple would leave the state of Virginia, and not come back until another twenty-five years, he would suspend the sentence. Interracial marriages go through trials and tribulations. Family acceptance is important to interracial relationships. One way a couple can tell if their family approves of the wedding is by how many people attend the ceremony. â€Å"Of these ceremonies, whether religious or civil, the gatherings were small with only a few close relatives or friends attending† (Porterfield 103). Family members, who do not agree with interracial relationships, will show how they feel by not attending the wedding. Close family members will support the bride and groom but not the marriage itself. After the marriage, the newly weds will sense tension at one another’s family gatherings (Porterfield 105). A newlywed couple needs to feel a substantial amount of acceptance because marriage is one of the biggest steps in one’s life, and newlyweds need to know they have not made the wrong decision. The family of one’s partner can cau... ...cult to do in society. Society figures that once a person has a drop of black in them, they are considered black not white. As part of life in this society, they must learn to deal with conflict such as racism directed towards them from the individuals, who need to fit everyone into a particular category (Rosenblatt, Karis, Powell 193). If a parent was to check the white box and the appearance of their child seems to be blacker than white, it can be seen as a problem. In conclusion, society needs to consider the feelings of interracial couples. A person may not agree with interracial relationships, but they do not need to discriminate against them. Even today in the year 2002, society has its problems with interracial relationships. Through education and the way couples raise their children, the problem or problems facing interracial couples will diminish.

Do movie cause social evil to youths

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Movie “The Pursuit of Happiness” Essay

An amazing movie, The Pursuit of Happiness illustrates through the examples of Chris Gardener’s life that anyone has the opportunity to achieve their own pursuit of happiness, if they have self-motivation and determination. Happiness is not something that can be pursued. We already have all the capacity for happiness that we need. Happiness comes from within, and from being content with oneself. People can choose to be happy or choose to be miserable. But to be happy or to be sad they need to have particular motivation or self-determination for it. Motivation is defined as a desire or need which directs towards a goal or something that someone wants. Motivation is an inherent response; it comes from inside and cannot be imposed from the outside, and comes from wanting to do something of one’s own free will. A motivating condition may be defined as an emotion, desire, physiological need, or similar impulse that acts as an animating to action and is the set of processes that moves a person towards a goal. Motivation consists of five basic theories. The last theory is called humanistic theory and this is perhaps the most important of all. According to Abraham Maslow, an inventor of humanistic psychology, humans are driven to achieve the maximum point of goal at some point of their lives regardless of any obstacles and hindrances. Maslow developed a pyramid called Maslow’s Hierarchy of Needs and it argues about five levels of needs beginning with physiological needs and ending with our need for self-actualization. In the movie Pursuit of Happiness, the main character Chris Gardner was played by Will Smith, who had lost everything in some financial crisis. He ended up living in homeless shelter with his kid. He was jobless to support his kid and his wife, so his wife leaves him. Motivation drives him to struggle until the very end to get rid of this situation. Chris had motivation, he had to feed and care for his child. To feed your child and raise them properly is probably about the strongest motivation a person could have. Chris’ son reminded him daily of his need to succeed and get control of his life. Not only did Chris have motivation, he had an  incredible attitude and was confident in himself. If not for his confidence and attitude he most likely would have never become the successful stock broker he ended up being, much less even made it into the internship. Chris, after falling on hard financial times his son was left homeless. Chris manipulates working a full time unpaid internship, bringing his son to daycare, and finding a bed to sleep each night in Church. Chris and his son are not leading an easy life. One day, Chris finds some free time and decides to play basketball with his son. Where he tells his son that his dream to play basketball as an NBA player will never become true, and he can never be a good player, so he should stop playing. Yet Chris has a sudden change of heart and gives his son a speech to encourage him to always try his hardest and not let anyone shuts him down. Chris tells his son, â€Å"Don’t let anybody tell you, you can’t do something. Even me,† â€Å"You gotta dream, you gotta protect it†¦ You want something? Go get it. Period (_The Pursuit of Happiness.)†_ In first Chris decreases his son’s expectancy by telling him that he wouldn’t be able to play as a basketba ll player. In this movie the character of Chris is shown an extremely determined person. According to psychology, in order to be determined you have to let your mind make the decision that you have to get to the very end. It’s like a goal that you have to achieve it. It’s the end of your work. It could be either good or bad. A very good example which proves that Chris Gardner is determined person is when Chris did not have any money left to pay for his rent. He didn’t just say I don’t have any money and give up on everything, he rather told his land owner that he will pay him the money and so he did, he was so determined to pay for his rent, so determined that he painted the walls of his apartment to make money so that he could pay off his rent. The another great example of being determined is when Chris trusted the hippie girl with one of his bone scanners and when the hippie ran away with the scanner, he did not just sit back and lose his faith. He runs after that lady and finally gets his scanner back. The third example of being determined is when Chris kept calling although many people such as his manager keep distracting him from his work and turned him down, but he never gives up and ended up getting business from a CEO of a big company which  shows that what determination brings to him. Chris Gardner had hope and motivation not to give up. He was very hopeful and optimistic individual and never gave up throughout his life. He decided what he wanted to do and he actually went for it. Even though his motivations for being in the stock market were not the correct ones, but it still even didn’t drag him to despair. An admirable illustration that proves Chris Gardner really is a hopeful and Optimistic person is when Chris’s wife had left him and he did not break down. He in fact was totally optimistic and did as far as conceivable to take care of his child as a single parent. Further example for Chris Gardner’s optimistic nevertheless hopeful individuality is when he took a chance of an internship that offered no salary, and he took that job even though he was literally broke. The third impressive example would be when one of his scanners that Chris was selling got broke. He did not get disappointed and lost his hope. He actually took some notable action and donated blood to the hospital so he could get paid for that. With that money in his hand he bought the bulb for his machine and repaired it. According to Maslow’s pyramid Chris was hanging on the very bottom of it, because he did not have a permanent shelter where he could live with his son, and he has very little money for the food. Since he had no job so he was not secured either. With all these negative things Chris’ self-esteem was very high as is shown in the movie when he showed up into interview with no shirt on and paint all over his body and hair and he still gets selected. The reason why, is because he was very and confident and he had firm belief in himself, so he gets respected by others too. They didn’t just judge him the way he looks but how well he can perform his job and they offered him the internship job. Even though the job was no salary based he still accepted it and worked very hard till the end to get the actual job at same place. In the end, your motivation to change something about yourself may come from a variety of sources, perhaps a little because of pain, a little because you’re inspired to be a better person, and a little because your spouse  would like you to stop a habit that’s driving both of you crazy. Becoming aware of your primary motivation to change is the best source for setting off a new path, a new direction of life. No matter who or what the circumstances are, every person who is considering changing something about her or himself has a reason; a motive to change that can reinforce and strengthen the resolve to change when change becomes difficult. WORKS CITED â€Å"Motivation in Psychology 101 at AllPsych Online.† _Psychology Classroom at AllPsych Online_. Web. 11 Apr. 2011. . â€Å"Literature Class Ppt.† _Google_. Web. 11 Apr. 2011. . â€Å"Motivation in Psychology.† _Encyclopedia of Psychology – Psychology Websites_. Web. 11 Apr. 2011. .

Examine Shakespeare’s presentation of Ophelia Essay

Throughout the play, Ophelia is treated as an inferior by the men in her life. She is instructed and also used by them to achieve their own selfish goals. As Rex Gibson states, Shakespearean women were ‘virtually helpless pawns in the power games of their main relatives. ‘ Her tone towards them is most often submissive and accepting of their commands, although the audience is given occasional glimpses of the seemingly intelligent and opinionated young woman beneath her clichi d exterior. In the play, she is merely a side story. She has no particular role in the play rather than to reflect the traits of other characters, and this secondary importance to the plot reflects Shakespeare’s presentation of her. Upon Ophelia’s first appearance in the play, it becomes obvious that she and her brother have a close relationship. Laertes tells Ophelia, ‘let me hear from you’, to which she replies ‘Do you doubt that? ‘ Laertes mentions Hamlet as a cause for concern, ‘weigh what loss your honour may sustain, If with too credent ear you list his songs, Or lose your heart, or your chaste treasure open To his unmastered importunity. ‘ He believes that Hamlet’s intentions are dishonourable. He is quick to form this opinion, and as he feels he knows Hamlet’s true motives, this suggests that men of the era shared this abusive attitude towards women. While he may be expressing a genuine concern for his sister’s well-being, there is a tone of authority in his voice. He is not her father, but as a male he talks down to her. His primary concern may be more for the honour of his family, which Ophelia would destroy should she conduct a relationship with Hamlet. She does however retort defensively with, ‘Do not as some ungracious pastors do, Show me the steep and thorny way to heaven, Whiles like a puffed and reckless libertine Himself the primrose path of dalliance treads’. Here she is warning him against hypocrisy and recognising that some men (‘ungracious pastors’) are promiscuous while expecting women to be virtuous. In seeing that society has double standards, the audience is shown that there is a side to Ophelia deeper than is obvious in most of her appearances in the play. A modern audience would feel that her reply is justified, and would respect her for standing up for herself. She has a more relaxed attitude to verbalisation of her thoughts when she is in the presence of her brother, but still respects and accepts his will. In conversation with Polonius for the first time in the play, the audience sees the submissive side to Ophelia. Polonius is also quick to suspect Hamlet’s motives, reinforcing the suggestion that all men of this time have a common view of women. Polonius’ treatment of her reflects the double standards of Shakespeare’s society, as he at first seems disgruntled that she acts like an inexperienced ‘green girl | Unsifted in such perilous circumstance’ and then goes on to say ‘think yourself a baby’, enforcing her inexperience. Ophelia implies her own inability to form an opinion – ‘I do not know my lord what I should think’. This seemingly ‘air-headed’ behaviour could cause much annoyance to a modern audience, whether she simply cannot think for herself or has an opinion and is too intimidated to voice it. Polonius’ perception of his daughter becomes clear with the statement ‘you have ta’en these tenders for true pay | Which are not sterling. Tender yourself more dearly’. The financial references here show that these ‘tenders’ are worth nothing to Polonius unless they become cash, or ‘stirling’, in his hand. The acquisition of wealth comprises all of Ophelia’s uses to him. She is a possession and a tool to him. This is noted by Gibson, ‘women were regarded as possessions, as capital to be exploited. ‘ He also harbours selfish concerns about his own social standing, and that Ophelia will ‘tender’ him ‘a fool’, as her behaviour reflects upon him as a father. Ophelia concludes by submitting yet again, ‘I shall obey, my lord. ‘ Despite the fact that Ophelia has firstly rebelled against expectations by meeting with a man without the permission of her father, or has ‘gone against social mores’ (Pitt), she continues to treat her father as her superior and conform to his wishes. Again the audience witnesses the dual personality of Ophelia. This could leave an audience confused, and unsure of exactly what to think of her as a character, as her true identity remains a mystery until her death. After Hamlet advances upon her looking like ‘he had been loosed out of hell’, Ophelia runs to her father, seeking protection and comfort. She enters the room saying ‘O my lord, my lord, I have been so affrighted’. Modern audiences may draw comparisons between this and the behaviour of a small child. Not only is she treated like one by men, but at this point she proves their treatment to be right. This might anger a modern audience who could perceive her to be lacking common sense and therefore totally unable to deal with a hostile situation. To increase the antagonism of a post-feminist audience, she then goes on to relate that she was ‘sewing’ in her ‘closet’ at the time of incident – while to a Shakespearean audience sewing was part of life for women, a modern audience would see this as a stereotypically effeminate activity being used by Ophelia to play up her helplessness. As stated by A. C. Bradley in the Victorian era, ‘a large number of readers feel a personal kind of irritation against Ophelia; they seem unable to forgive her for not having been a heroine. ‘ While this does not represent the viewpoint of today’s audience, it shows that even in Victorian times when women were still much less free than they are now, Ophelia’s helplessness is exaggerated to the point of irritation. We witness Ophelia’s utter submissiveness yet again, and her acting as if she has no thoughts of her own – ‘I do not know, | But truly I do fear it. ‘ Ophelia incessantly addresses her father submissively as ‘my lord’. It can be presumed that Ophelia has been taught to address him thusly, reflecting on Polonius as a father, who is an example of men at the time of the play. Polonius sees Ophelia as being far inferior to him. He speaks to her in short commands – ‘Come, go with me’, rather than asking her to do things. He also seems to think that she is untrustworthy, as he questions her, ‘Have you given him any hard words of late? ‘ suspecting that she has not done what he told her to do. As Ophelia’s letters are read aloud, she stands on the stage in silence to endure this harsh and humiliating experience. She is utterly powerless as her most intimate secrets are exposed to the King and Queen. Her father has granted her no right to privacy, to the point that he publicly proclaims and meddles in her affairs. Polonius says ‘I have a daughter – have while she is mine’, this bluntly suggests his intentions to ‘sell’ her, and continues ‘Who in her duty and obedience, mark, | Hath given me this’. Here, it is as if he is marketing her, making her ‘good’ qualities known to the King and Queen, telling them to ‘mark’, possibly in the hopes that they approve of her as a wife to Hamlet. In this situation Polonius’ social standing would vastly improve. She is certainly seen by him as ‘capital to be exploited’. Upon the King’s questioning Ophelia’s chastity, Polonius asks him ‘What do you think of me? ‘ This shows that in a Shakespearean society, the behaviour of a daughter was seen to be an indication of how honourable her father was, again proving that women were taught ‘chastity, modesty, obedience and faithfulness to their husbands’ (Gibson), to be used as social and financial tools. Elaine Showalter accurately describes Ophelia as ‘that piece of bait’. She is used to confirm whether or not Hamlet’s separation from her is the cause of his madness. Before the first conversation between Hamlet and Ophelia (which is held under surveillance by Polonius and the King), Ophelia is not even given a greeting, but is spoken to only by the Queen, and exclusively about Hamlet – ‘And for your part Ophelia, I do wish That your good beauties be the happy cause Of Hamlet’s wildness’. Their main concern is Hamlet’s return to his prior sane state and hope to be able to use Ophelia as a way of bringing it about. Ophelia herself has absolutely no control over events relating to her. She speaks briefly, only when spoken to, and to express her desire to see Hamlet well again – ‘Madam, I wish it may. ‘ Her father again talks to her commandingly, as if she were a dog, ‘Ophelia, walk you here’. When she is at first left with Hamlet, she remains silent onstage throughout his long monologue, until he mentions her. A conversation begins with Ophelia’s greeting Hamlet, ‘Good my lord’, and hereafter she uses the words ‘my lord’ repetitively. When she mentions ‘rememberances’ that she as ‘longed long to re-deliver’, she is shunned by Hamlet, as he says ‘I never gave you aught’. Ophelia further shows the audience that she is an intelligent young woman rather than a girl who is full of nonsense. She elaborates on her feelings for Hamlet with the words: ‘My honoured lord, you know right well you did, And with them words of so sweet breath composed As made these things more rich. Their perfume lost, Take these again, for to the noble mind Rich gifts wax poor when givers prove unkind. There my lord. ‘ The audience sees here through her passionate statement that these ‘words’ held great importance to Ophelia and that she is expressing the depth of her emotion. With Hamlet she gives the first indications of her true feelings, things that she would not share with her father. She is however belittled and mocked by Hamlet (‘Ha, ha, are you honest? ‘). Her clever response to Hamlet’s mad ramblings gives us another insight into the more hidden side of Ophelia. Fundamentally, however, Ophelia is a side story, and is of secondary importance to the main plot and ‘has no story without Hamlet’. ‘She appears in only five of the play’s twenty scenes’ (Showalter) and is used to inform the audience of what Hamlet was like before his descent into madness. As stated by Angela Pitt, ‘Ophelia’s main function in the play is to illuminate a particular facet of Hamlet’s decline. She has known him in both friendship and gallant devotion’. She fulfils this role: ‘O what a noble mind is here o’erthrown! The courtier’s, soldier’s, scholar’s, eye, tongue, sword, Th’ expectancy and rose of the fair state, The glass of fashion, and the mould of form’. While we see here that she is articulate, is underestimated by Polonius and does have something of value to say, it is quite tragic that this outburst of expression is not of herself, but of Hamlet’s personality prior to his father’s death. As she is used throughout the play by men, here Shakespeare uses her as a way of imparting information to the audience. At this point in the play, the audience can sympathise with Ophelia, as the pain of rejection by a lover exists outside of time. By proving to the audience that she is intelligent and educated, she wins respect, as modern society values these qualities highly in both men and women. Just before the play, Hamlet initiates a tirade of sexual references directed toward Ophelia. It begins with ‘here’s metal more attractive’, a mocking reference to her looks. He goes on to say to Ophelia ‘Lady, shall I lie in your lap? ‘ to which she replies ‘No my lord’. He persists in trying to humiliate Ophelia with phrases such as ‘Do you think I meant country matters? ‘ and ‘That’s a fair thought to lie between maid’s legs’. Ophelia’s responses are short and she again repeats ‘my lord’ – ‘No my lord’, ‘Ay my lord’, ‘I think nothing, my lord’. Her words are sharp and brief as she denies Hamlet the pleasure of provoking an outburst from her. While this repetition could show her merely being weak and submissive, as she is forced to take his insults, it can also be argued that she knows here exactly what she is doing, as she later goes on to retaliate, ‘You are naught, you are naught’ – ‘Ophelia’s naivety must be assumed and not genuine, because later she gives as good as she gets’ (Pitt): ‘Ophelia. You are keen my lord, you are keen. Hamlet. It would cost you a groaning to take off mine edge. Ophelia. Still better, and worse’. Here she neglects to say ‘my lord’, which shows that her tone has changed, and she has given up trying to be tolerant of Hamlet. Ophelia’s descent into madness portrays her in an ironic and rather tragic light. Her condition has caused her to be more vocal and to reject authority. Now people notice that Ophelia is speaking, and try to understand what she says, when her mind is not her own – nothing she says makes sense. Even though she is louder, her position is still largely unchanged – her madness expresses itself through her, but does not allow her to express her own true thoughts. At the time, women who were vocal and opinionated, who challenged authority or sought freedom were often portrayed as being insane. This overly emotional, nonsensical state was also thought to be womanhood in its purest, unsuppressed form – ‘Ophelia might confirm the impossibility of representing the feminine in patriarchal discourse as other than madness, incoherence, fluidity, or silence †¦ Ophelia represents the strong emotions that the Elizabethans as well as the Freudians thought womanish and unmanly. ‘ (Showalter). The themes of her songs are death and true love – the two issues that have most recently affected her. Firstly, her exploitation by Hamlet: ‘And I a maid at your window, To be your Valentine. Then up he rose, and donned his clothes, And dupped the chamber door, Let in the maid, that out a maid, Never departed more. ‘ In Shakespearean times, it was extremely important that a woman maintained her chastity – it is implied quite obviously by these songs that Ophelia did engage in sexual relations with Hamlet. This would have meant the loss of her reputation altogether. People will now take notice of these open declarations, as a woman her promiscuity is condemned, whereas a man’s promiscuity (Hamlet’s) will be overlooked. This exposes Shakespearean society’s double standards. A woman of high social standing such as Ophelia was expected even more so to exhibit virtue, and so was very vulnerable and open to condemnation, with every relationship putting her in a potentially life-destroying position. Now, when the relationship has dissolved, she is in a difficult position. Her imprisonment is particularly distressing to a modern audience, who are very used to seeing women with much more freedom. While today’s morals are not quite as tight as Shakespearean morals, a modern audience will still feel a lot of sympathy for the poor abused and abandoned Ophelia. As well as being an issue of chastity, it also involves trust. She trusted Hamlet with her love and her reputation – wrongly. Secondly, she sings about her father’s death: ‘At his head a grass-green turf, At his heels a stone. ‘ His death has marked the loss of two of the men in her life who, while they were controlling and dictating, were all that she had, and both of whom she loved dearly. When Ophelia falls into the river where she eventually perishes, she does nothing to save herself. She is as passive at the moment of her death as she was throughout life, doing nothing to save herself. Gertrude is able to describe Ophelia’s death in detail, down to the exact type of flowers Ophelia had decked herself with (‘crowflowers, nettles, daisies, and long purples’). This may be seen as Gertrude’s expression of genuine sympathy for her fellow woman. Ophelia’s death can be seen as a suicide, but Gertrude, perhaps to prevent Ophelia from being denied a Christian burial, which would have deepened Laertes’ grief, describes her as having been ‘one incapable of her own distress’, suggesting that she fell in and simply did not care enough to get out. Ophelia’s last influence in the play is her funeral, where Laertes jumps into her grave in grief. Hamlet however jumps in after him, and they begin to grapple irreverently, arguing over who loved her more: ‘Hamlet. I loved Ophelia, forty thousand brothers Could not, with all their quantity of love, Make up my sum – what wilt thou do for her? Hamlet persists in trying to out-do Laertes in his love for his sister, to the point of ridiculousness – ‘Woo’t drink up eisel, eat a crocodile? | I’ll do’t. ‘ This sudden display of affection for Ophelia from Hamlet contrasts hugely with his treatment of her during her life, and seems unrealistic. Laertes’ grief for Ophelia is overshadowed by his desire for revenge as Hamlet has destroyed his family. The two use their ‘love’ for Ophelia as an excuse to let private rivalries surface, even at her funeral. This is symbolic of how she has been used throughout the play, by Polonius to get closer to the king and by Hamlet to portray his insanity. To a Shakespearean audience, people’s treatment of Ophelia would have been typical of the way in which women were treated. Her silence and oppression would have been met with sympathy, as well the empathy of women of the time. While her situation with regards to Hamlet and his cold rejection of her still holds poignancy with a modern audience, people today may question more why she made little attempt to defend herself in certain situations, and why she so blankly followed the instructions of her father and brother at the expense of her own mental and emotional well-being. Bibliography Shakespeare, William, ‘Hamlet’, Heinemann, 1996 Pitt, Angela, ‘Shakespeare’s Women’, David and Charles, 1981 Gibson, Rex, Cambridge Student Guide: ‘Hamlet’, Cambridge University Press, 2002 A. C. Bradley, Shakespearean Tragedy, 1904 Showalter, Elaine, ‘Representing Ophelia: Women, Madness and the Responsibilities of Feminist Criticism. ‘ in ‘New Casebooks: Hamlet’, Macmillan, 1992 Eleanor Crossey Malone L6G.