Is the War on Terrorism a War Essay Example for Free

Is the War on play hazard of act of solicitudeism a War EssayThe Global War on terrorism is a military campaign that began shortly after the terrorist attacks of September 11th 2001. First used by George W. Bush, the phrase struggle on terror has let to be conceptualized as a term used to signify global military, political, lawful, and conceptual struggle targeting both organizations designated as terrorists and regimes accused of supporting them. The struggle on terror main focus has been with Islamist militants and Al-Qaeda.The war in Afghanistan and Iraq atomic flake 18 both considered to be part of the war on terrorism. There is much speculation on whether the war on terror is actu eachy a war. This essay will argue that both points of guess are valid. There are reasons which validate the war on terrorism as beingness considered an developed war such as the fact that an actual decelaration of war was waged by both the US and Al-Qaeda, it evict be considered a new way of war, and that ultimately like war, terrorism is a mean to a political end.On the other side of the spectrum, it may not be considered a war because it does not have a exit end or possible victory, it does not have a limit battle space as regular wars, and it is a war against an immaterial concept such as the wars on poverty, drugs, and crime. There is an extensive amount of belles-lettres on the subject of terrorism and especially the war on terror. Mia Bloom in Dying to Kill The Allure of Suicide Terror examines the use strategies, successes, and failures of self-annihilation bombing in Asia, the Middle East, and Europe.She claims that in many instances the effort of Israel, Russia, and the United States have failed to deter terrorism and suicide bombings. Bloom likewise contemplates how terrorist groups learn from hotshot another, and thus how they react and retaliate to counterterror tactics the financing of terrorism, and the role of suicide attacks against t he backdrop of larger ethnic and political conflicts. Another current scholar pen on terrorism is Mark Juergensmeyer. Juergensmeyer studies religious terrorism more specifically. Bruce Hoffman gives a brilliant insight to terrorism and all its aspects.Hoffman describes its historical evolution and the mindset of the terrorist. He examines this invisible enemy and his tactics and motivation in a globalized world. Hoffman argues that the 9/11 attacks on the Twin Towers radically altered the USAs and the atomic number 74s view on terrorism. When attempting to answer the above question it is important to clarify and trace the terms. Terrorism has a vast number of definitions and varies greatly depending on who is trying to define it and from what perspective it is being defined and at which scope.For example one definition of terrorism is the FBIs definition of it as the unlawful use of force or frenzy against persons or property to intimidate or coerce a Government, the civilian po pulation, or any segment thereof, in further political or social objectives. Another definition is from the Department of Defense which states it to be as the calculated use of unlawful violence or threat of unlawful violence to inculcate fear intended to coerce or to intimidate governments or societies in the pursuit of goals that are generally political, religious, or ideological objectives.A final exam example of one of the many definitions of terrorism is that of the Department of homeland Security which states it as any activity that involves an act that is dangerous to human life or potentially destructive of critic infrastructure or key resources andmust also appear to be intended (i) to intimidate or coerce a civilian population (ii) to influence the policy of a government by intimidation or coercion (iii) to affect the conduct of a government by mass destruction, assassination, or kidnapping. These definitions vary quite greatly from one to another.Any definition of terror ism suits a particular agency and how they look at the act of violence, whereas very few look at the causes for it and what its essence is. Notice the selected vocabulary for each definition will suit the type of agencys profile. The line with defining terrorism is one that it is a subjective thing, and two that the parties trying to define it try to include everything and nothing in it. They try to put and several(a) different events that happened and situations as well to help define it so as to make sure that terrorism encompasses a large number of things.For example the discotheque bombing of Bali. It seems that the definitions need to include anything that attacks the west. With regards to the war on terror, is it the war on terror or terrorism? Is there really a war on terrorism and if so according to whom? The USA? Al-Qaeda? And in which theatres and locations are we talking about? The war on terror might be a war on terror in Afghanistan nevertheless not in other places. Also the title of the question is quite ambiguous because is terrorism is an act of war, or is war is an act of terrorism? Each one can be unfolded onto the other easily.It is also important to consider who is included in the war on terror, is it all terrorists groups including terrorist groups like the IRA? Or is it just limited to Islamist militant terrorist groups such as Al-Qaeda? It is not always clear who are the terrorists and who are the terrorized All politics is a struggle for power, and the ultimate kind of power is violence. Hoffman writes that terrorism is where politics and violence intersect in the hope of delivering power. And that all terrorism involves a quest for power. Power to do many things such as to dominate, coerce, control but ultimately to effect fundamental political change.Clausewitzs definition of war was war is the continuation of Politick by other means. In this context terrorism fits in accordance to his definition as terrorism too can be considere d part of war. Terrorism can be considered a tactic or act of war, or war a tactic or act of terrorism. For example the French used torture during the Battle of Algiers, the US uses terror tactics itself such as Abu Ghraib. It is very rugged to separate war from terrorism neatly. Being a terrorist is a stepping-stone to becoming a politician.Thus because of the very ambiguous relationship and line between war and terrorism, terrorism can be considered as a new way, or military tactic of conflicting war. Thus anything that tries to counter attack it can also be considered a war. Thus rending the war on terrorism a war. Terrorism is a complex phenomena in which violence is used to check political power to readdress grievances In order for one to consider the war on terrorism as an actual war, an actual statement of waging war has had to been made. This is the slip with the war on terrorism. Al-Qaeda did declare war on the USA in 1998.The bush administration created the term of the axis of evil and the USA did fight a conventional war in Iraq in 2003. The war on terrorism might not be a war in itself but it could be made up and composed by several on going wars such as Chechnya, the government of Sri Lanka versus the Tumult Tigers (which was actually the first clownish to successfully defeat terrorism), and Mali. There have been clear objectives set out and enemies to defeat. Although this enemy is invisible, and the way of fighting the battles are different (due to the asymmetrical aspect of the war on terror) it does not mean this is not a war.The rules have changed, the battle space as well, the way of thinking of the enemy and war has changed drastically. But it is however war. It is just a new face of war. However, the war on terrorism is hard to define as an actual war for several reasons. One, because it seems the US and the West are just policing and engaging in nation building to promote liberal democracy. Hoffman mentions the second factor, which is vastly important in discrediting the war on terrorism as a war stating that unlike traditional wars, the war on terror does not have a clear end. This is because the victory seems unattainable.Terrorism wont die along with the terrorist leaders. Not even when the most wanted terrorist has been killed. DCIA Leon E. Panetta stated that I dont think theres any question that when you get the number one terrorist in the world, that were a little safer today than we were when he was alive. But I also dont think we ought to kid ourselves that killing Usama Bin Ladin kills al-Qaida. Al-Qaida lifelessness remains a threat, theyre still going to try to attack our country, and I think we have to continue to be vigilant and continue the effort to ultimately defeat these guys.We damaged them, but we still have to defeat them. In order for a war to be a war, shouldnt it have a clear end? Or at least a possible one? The war on terrorism also is discredited as being an actual war because it do es not take place on a clear battle space. The director of public prosecutions, Sir Ken Macdonald quoted London is not a battlefield. Those innocents who were murdered on July 7 2005 were not victims of war. And the men who killed them were not, as in their vanity they claimed on their ludicrous videos, soldiers.They were deluded, narcissistic inadequates. They were criminals. They were fantasists. We need to be very clear about this. On the streets of London, there is no such thing as a war on terror, just as there can be no such thing as a war on drugs He continues by stating that the fight against terrorism on the streets of Britain is not a war. It is the ginmill of crime, the enforcement of our laws and the winning of justice for those damaged by their infringement. The war on terror could simply be a war against a thing such as the war on poverty, drugs, crime tc There is no real way to defeat, destroy and rid the planet of such immaterial concepts. The war on terrorism look ed under these aspects becomes more difficult to truly accept as a war. It is difficult to answer the question if whether the war on terrorism is an actual war. It appears that there is a struggle between Al-Qaeda fighting secularism, consumerism, and immorality and the US and the West is fighting against backwardness and against groups of people who reject western value and globalization. Is this what the real war being fought is about? Is this the actual war that is going on?There are both aspects crediting the war on terrorism as a war and others discrediting it. This question however is highly relevant and intertwines to other aspects of IR305 such as the changing nature of war (is the war on terror the new type of war? ), the different types of war (is the war on terror the new western way of warfare and terrorism the Arab way of warfare? ), and the topic of risk societies (are we breeding more terrorism by fighting the war on terror, thus creating more risk). All of these var ious aspects of IR305 are relevant to the topic of the war on terrorism.

The Sarbanes Oxley Act of 2002 Essay Example for Free

The Sarbanes Oxley form of 2002 EssayThe law offici bothy named, The Public Comp whatsoever Accounting Reform and Investor Protection Act, was passed into law in 2002 in wake of the numerous incorporated scandals that rocked our monetary markets. One in particular was the Enron scandal, which before its collapse Enron was thought of as one(a) of the best companies in the United States. However, it failed to follow Generally Accepted Accounting Pr coifices (GAAP) from as far back as 1997 through 2001.When the company suddenly collapsed in the latter part of 2001, it lost tens of billions of dollars of its sh beholders money (Jickling 2003). The falsifys which were supposedly in place, neither inseparable nor out-of-door, did not uncover the financial masquerade. Because of the many corporate and storying scandals to stupefy the U. S. marketplace and its investor, sh areholders organized and protested for tougher laws that required a greater degree of corporate answerabil ity.The act is commonly referred to as the Sarbanes-Oxley Act (SOX), named after Senator Paul Sarbanes and Representative Michael Oxley, who were its master(prenominal) sponsors. SOX is int extirpateed to raise the bar for integrity and competence for publicly traded companies and also to promote a greater degree of accountability within these companies. The act changed corporate governance, including the responsibilities of directors and officers, the regulation of accounting firms that analyze public companies, corporate reportage and enforcement. It is organized into eleven categories, called titles.The first being the Public Company Accounting Oversight progress (PACOB), second, Auditors Independence, then, merged Responsibility, Enhanced Financial Disclosures, Analyst Conflicts of Interest, Commission Resources and Accountability, Supporting Studies and Reports, Corporate and Criminal Fraud Accountability Document preservation (Whistle-Blower Protection), White-Collar crime penalty, Corporate Tax Returns and Corporate Fraud Accountability. human action I of the Act establishes the Public Company Accounting Oversight Board (PCAOB).It is an independent, non-governmental board that oversees the analyses of publicly traded companies. The purpose was designed to protect the interest of the investors and to promote public confidence and transparency in the independent audit process. The powers of the PCAOB are to register public accounting firms that prepare audit reports for issuers establish auditing, quality check into, ethics, independence and other standards relating to the preparation of audit reports and conduct inspections, investigations and disciplinary proceedings of, and take enforcement action against, public accounting firms (Clearly 2003). names II of the act have nine sections. It sets the standard in which the auditors must remain independent to limit their conflicts of interest. Under these sections the auditors have stricter requiremen ts of reporting, they must rotate jobs and they are not allowed to perpetrate other services to the same company they are auditing. Also, as stated in Title I the auditing company must be registered with the PCAOB to perform delicious audits. Title III of this act speaks to the individual responsibility of the corporate leaders.Management must certify that the financial statements do not contain any framework omissions or untrue statements and those they represent fairly the financial condition of the company. And that all of the internal controls are and have been operating effectively prior to the issuance of the reports. Title IV relates most closely with the accountants and the auditing process. It details the new requirements of the financial reporting process and the certification of the effectiveness of the companys internal control process. member 404 which requires management to value the internal control procedures and to sign off on its effectiveness and that the proc edures are being followed. Section 404 exaltedlights the critical importance of controls related to the financial reporting move of management information systems by requiring a regular assessment of the quality of the financial reporting, because management uses this to manage operations, monitor performance, create forecast and report results to stakeholders (Peters 2012).Title V, VI and septet are designed to help build the publics confidence in the markets by promoting transparency and by providing criminal sanctions and monetary penalties to perpetrators. Title VII can be considered a reflection piece, as it looks to examine different factors and how they affect the markets. The SOX act in Title VIII obligates companies to provide a record whistle-blower protection policy. It is a means to collect, retain and resolve claims regarding accounting, internal accounting controls and auditing matters.This system must allow for such(prenominal) concerns to be submitted anonymously . SOX provides protection to whistle-blowers and horrendous penalties to those who retaliate against them. Under this provision violators who destroy, alter, or falsify documents or retaliate against employees who report such going-on are subject to lengthy prison terms. Title IX, X and XI outline the increase penalties for white-collar crimes, such as mail and wire fraud the requirement that the CEO is responsible for the accuracy and certifying the corporations tax go across and other financial reports.The last section institutes guidelines for failure to comply as a criminal offense and gives the SEC the redress to freeze monetary legal proceeding if they suspect fraud. Before SOX, the financial world was basically governed by the Securities Laws of 1933 and the establishment of the Securities Exchange Commission (SEC) in 1934. Corporations were only required to report the financial reports periodically to the public and the SEC. It was the publics responsibility to review th e records and form an educated decision on the well-being of the company.The act also prohibited certain conduct such as insider trading and market manipulation. The exchanges, brokers, transfer agents were responsible for reporting any material changes in the holding of the companies to the SEC. However after the numerous financial scandals such as Enron, WorldCom, Adelphia to mention a few, in which the information presented to public, was fraudulent. They statements were misrepresented by millions and millions of dollars it was felt by the general public, investors and the federal government that there had to be stricter regulations to govern against such corporate behavior.SOX calls for greater accountability from everyone in charge. It implements rules and requirements from the top-down on accountability. CEO, CFO, directors must sign off on the reliability of the reports auditors must cite their independence and are prohibited from performing other services to the company th ey are auditing managers and employees are responsible for the internal controls in their departments. And all these actions are punishable if not followed, as addressed in Title XI.Title XI provides authoritative powers for companies, its leaders, employees and/or auditors to be sued, sanctioned or criminally prosecuted if they are involved in any fraudulent behavior. It also provides the SEC the ability to seize funds and/or impose significant financial penalties for breaking the law. The most significant impact that SOX has had on the accounting world besides the increased criminal prosecution, is Section 404, which outlines the managements assessment of internal controls over financial reporting and the disclosure of such information.Internal control over financial reporting, is defined by Guy Lander, as a process designed by, or under the supervision of, the companys maven executive and principal financial officers and implemented by the companys board of directors, management , and other personnel to provide reasonable assurance for the reliability of financial reporting and the preparation of financial statements for external purposes in accordance with generally accepted accounting principles.The independent auditor must also attest to and report on the managements assessment of the effectiveness of the companys internal control over financial reporting. Each fiscal year, companies must select audit committees to perform the assessment of internal controls. In section 404, the auditing requirements have changed drastically. incorporated within the law is now a Code of Ethics which was not there prior to the SOX act. Everyone is now accountable and required by law to do the right thing.With the implementation of SOX, the spirit of the law is being enforced. God calls us to a higher standard. We are to perform our job to best of our ability and we should maintain our integrity. No law is higher than the laws given to us by God. Management is now require d to know more about the system of internal control so that he/she can make an accurate account of its effectiveness. Management must also include a written document in their end of the year managers report to attest to the effectiveness of their internal control.CEO and CFO are required to certify that the financial reports are accurate and they must hash out with the audit committee any significant deficiencies or material weaknesses in the design or operation of internal control in the financial reporting process. The audit committee is required to attest to the integrity of the companys financial statements the companys compliance with legal and regulatory requirements the qualifications and independence of the independent auditor and the performance of the companys internal audit function and independent auditor (Cleary 2003).The independent auditor has an increased responsibility to verify the financial information of the company. The audit firm must attest to the reliability of managements statement on the effectiveness of their internal control procedures and processes. The SOX act requires increased communication between the auditor and the companys audit committee. They must communication at least(prenominal) quarterly to discuss management, accounting and/or auditing adjustments, any difficulties or disagreements encountered, or any auditors concerns over the quality of the companys accounting practices or principles (Cleary 2003).The cost of implementing the required changes associated with SOX, Section 404, Internal Controls has had a significant effect on most micro business. Auditing firms increased their fees by an average of 40% to recoup fees associated with the loss of business because of the new guidelines requiring independence. The SOX guidelines limit services allowed by auditing firms to perform for companies they are auditing. Internal cost associated with compliance jumped 62% for companies. In 2007, the SEC formed a committee to receive the impact on smaller businesses.Their guidelines were business with revenue under $100 million. The impact of compliance with section 404 internal controls were 3. 5 cents for every dollar pull in (Michelson 2008). According to a SOX research study by Lord amp Benoit, the average costs of complying with section 404(a) management assessment for all non-accelerated filers included in the study were $53,724(ranging from as low as $15,000 to as high as $162,000. The range of audit fee increases was from as low as $7,500 to as high as $86,000). Krishnan 2008). Armed with this information the SEC decided to admen its reporting and disclosure requirements for small businesses. In February 2008, the SEC adopted the amendments and issued the Smaller Reporting Company regulatory Relief and Simplification to provide assistance for smaller firms (Michelson 2008). Smaller companies have received multiple extensions to become fully compliant. It was stated that more than half of all sma ll companies say SOX has made it more difficult to do business.They have had to make cutbacks in other areas, such as marketing, research and personnel to arm the increase in costs. Also, two-thirds of the small businesses favor a different set of guidelines for smaller companies (Swartz, 2006). Another significant impact on small businesses is the increased turnover of its board members. The new guidelines that require increased independence and conflicts of interest make it more difficult for smaller companies who have higher managerial ownership. Executive directors of companies are less likely to appointed to boards.KPMGs Audit committee took a survey and found that directors were concerned with two very important issues, the first being accountability reform and their legal exposure and the second being how management is responding to Section 404 of SOX(KPMG 2004). The Sarbanes-Oxley Act is hailed as the most dramatic change and far-reaching act in the financial market place s ince the SEC was formed. The SOX act is here to stay and it is long overdue. There have been lists of companies and their improprieties for decades and decades that cheated others out if their fair shares.People who in charge of a companys finances and they succumbed to the temptations of greed. As humans we are fallen creatures, we need stipulations in place to keep us in check. We need laws to govern our actions. The SOX act represents a change in corporate accountability and corporate governing. Although it is still changing and adapting to the environment it has had a significant impact on the way people act. It takes into account the Spirit of the Law and not just the letter of the Law. Corporate leaders are being held to a higher standard, which is a step in the right direction.References Bedard, J. G. (2011). Detection and SEverity Classifications of Sarbanes-Oxley Section 404 Internal Control Deficienies. The Accounting Review , 825-855. Green, E. S. (2003). The Sarbanes-Oxl ey Act. New York Aspen Publishers. Jickling, M. (2003). The Enron Collapse. CRS Report for Congress . Krishnan, J. R. (2008). Cost to comply with SOX Section 404. Auditing Journal of execute and Theory , 169-186. KPMG Audit Committee Institute (2004), Oversight of Auditors, Audit Committee Roundtable Highlights, Spring, KPMG Audit Committee Institute, Kansas City, p. 2. Lander, G. (2004). What is Sarbanes-Oxley? New York McGraw-Hill. Michelson, S. S. (2009). The Sarbanes-Oxley Act of 2002 What impact has it on small business firms. Managerial Auditing Journal , 743-766. Peters, G. F. (2012). The Consequences of Information Technology Control Weaknesses on Management Information Systems. MIS Quarterly , 179-203. Spending on SOX. (2008). Journal of Accountancy , 90-93. Swartz, N. (2008). SOX costs socks small firms. Information Management Journal , 14.

Buddhist schools Essay Example for Free

Buddhist schools EssayThe earliest and the most basic form of schools were Theravada and Mahayana which have been derived from the basic dogmas of Buddha. These are actually same teachings only when with varied interpretations. Both of them have Dharma which is the basic teaching of Buddha. Both of these schools have some animosity between them. All the southern Asian countries and Vietnam have accepted the principles of Theravada. all differences between the schools are minor matters are do not hinder in one basic belief of Buddhas teachings. It is one of the earliest forms of teaching found in the history of Buddhism and is one of the most orthodox also . Theravada school emphasizes on meditation and helps in understanding the psychological nature of a human being. According to Mahayana school of teachings, salvation can only be achieved if we trust Amitabha. Such person longs to be born in the paradise, because he has through with(p) good deeds and followed the teachings of Buddha. The philosophy of this school is very unique. According to them in order to gain enlightenment a person should inward and not outward. apprehension is one thing this school emphasizes upon, as intuition is purely inward. Mahayana was previously known as Mahasanghikas and after a few decades of its formation it became so habitual that it revolutionized the Buddhist teachings. Sutra and Vinaya were translated according to them, and in the due process they also had to reject some texts. The Mahayana philosophy grew more with the concept that Buddhas are lokottara. This means that they are committed to the world only by some external force and it has no impact internally .Why did Mahayana become more accepted? It is because the Mahayana ritual and imaginativeness attracted the Vietnamese. Its ceremonies were in conformity with original Vietnamese beliefs and rituals. This school of Buddhism also combined folklore with Taoist teachings. The enlightened ones in Buddhism were respected as animist savors. In seventh century C. E, Mahayana school became a little more developed. It was then called Vajrayana. This had an influence of Hinduism also but had similar teachings as of Mahayana.The aim of Vajrayana is the same as that in Mahayana, that is to attain Buddhahood, but the tantric practices showed a quick way to achieve this end . CONCLUSION From very early period Buddhists are concerned virtually procreation. In third century near 9 Dhamma missionaries were sent to different areas of south East Asia in order to teach people about Buddhism . This is the oldest exemplar telling Buddhists concern about Buddhist studies. These 9 Dhamma missionaries started a wave of missionaries. These were sent to Sri Lanka, Thailand and china etc.Today, due to these missionaries and Buddhist schools, Buddhists are present in very corner of the world. Vietnamese Buddhist education leaders are very much concerned about the global demands and needs of Buddhist educati on. In 1975, when the country got united, there already was a higher education institution in South it was named Van Hanh University. This university was popular internationally and had close interaction with numerous other universities of the world. After 1980s devil advanced schools were established in Ha Noi and Ho Chi Minh City. These schools trained monks and nuns at B.A level. Due to increment demand these two higher education schools were later turned in to universities. These now trained monks and nuns at not only undergraduate level but also postgraduate level. In 1997, one more Buddhist university was formed, this time in Hue city. Today, there are almost 40, 000 monks and nuns. There are almost six colleges and 31 high schools teaching Buddhism . Buddhism has do great progress in Vietnam. A national calligraphic system which replaced Chinese was also introduced. This helped everybody spoil on the same platform and understand each other well.Before that it was difficu lt to have the entire nation on the same page, as the Vietnamese language lacked its own script. People, who did not understand Chinese, could not read books, as all the books were in Chinese. In Vietnam, the Buddhist studies do not influence bonnie art, philosophy or painting. Theatre also serves as a conveyer of the legends, stories and facts about Buddhism. Buddhism is not only a source which quenches the thirst of the intellectuals. It quenches the thirst of the spirit also. Buddhist studies have changed the past and present of Vietnam.The Vietnamese Buddhists go far and wide in order to give a vent to the knowledge and get out it to the others. Buddhism has prospered leaps and bounds in the country. Though there are many rival religions in the country, Buddhism is by far the most popular one. As mentioned earlier, almost two thirds of the population practices Buddhism. During 968 it was made the state religion. Buddhism in Vietnam is no wonder superior than any other religion there, as it is not only accepted publically but also helped in the moral and spiritual training of the general public.People believe it and accept it by heart. They call it the religion of compassion. The imprint of Buddhism can be seen in art and literature as well. Music has also been inspired from it. Today there are almost 15,000 worship places in Vietnam as compared to none in the beginning. There are almost ten million Buddhists all over the world. Vietnam alone has some 40,000 nuns. It was only 20,000 twenty years back. The learning Buddhist studies have done can be clearly understood from the fact that today there are almost four Buddhist universities as compared to only one in 1981.Van Hanh was the first Buddhist school. Today there are schools all over Hanoi, Hue, Ho Chi Minh City and lot Tho. There are almost six colleges and 31 high schools for Buddhists. There are uncountable numbers of grassroots schools in many other provinces. This clearly shows that Buddhism ha s made a lot of progress since Buddhism first entered Vietnam . Buddhist monks are now not only studyin Buddhism in monasteries and colleges but are getting higher education all over the world. They are studying various subjects and religion in order to increase their knowledge.Not only have they had attained worldly knowledge, but spiritual knowledge which will lead them to enlightenment.References Anson, Binh. (n. d). Theravada Buddhism in Vietnam. Retrieved January 31, 2008 from http//www. budsas. org/ebud/vn_thera. htm Brough, John. (n. d). Gandhari Dharmapada. India (n. p). Clark, Laura and Brown, Suzanne. (n. d). Buddhism in Vietnam. Retrieved January 31, 2008 from http//journals. iranscience. net800/mcel. pacificu. edu/mcel. pacificu. edu/as/students/vb/INDEX. HTM.

Does Prison Work For Offenders?

Does Prison Work For Offenders?IntroductionPrisons, most commonly known as correctional institutions, arouse been an full bit of Criminal Justice System along with Police and the Courts (Griffiths, 2007 3). Even though prison houses and sentencing varies from rural to country, they all ope lay out in same manner i.e. to sentence criminals and disallow go on damage to the nine. Offenders atomic number 18 usually sent to a prison when a legal penalisation is imposed on them. Prison is considered to be as the last recourse. In past few decades, prisons have been a controversial topic. Recent trends have shown disapproval of prison system by public (Griffiths, 2007 64). thither has been lots of debate on whether prisons are strong or whether they are ineffective in making criminals law-abiding citizens. This essay opens with a discourse of what prisons are in general, looks at analysis and evaluation made by scholars, criminologists, and sociologists on potency of prisons in Canada as well as provides insights into possible reforms to enhance prisons effectiveness. concord to Christianson (2002 1168), A prison is any institution or device that holds a captive in custody. Prisons have been in existence since ancient times. They didnt serve as a form of punish custodyt back then but rather were just used to hold individuals until they receive their punishment which included beheading, death penalty and public shaming. Crime and punishment are both public acts. Ancient punishments were cruel and harsh but today punishment is used as a form to make all offenders or criminals law-abiding citizens including prisoners. In modern prisons, criminals are deprived of their freedom and they must follow all the protocols, rules and regulations set by the correctional institutions. Jails and closed structures are likewise considered as part of prison but they just hold individuals for a day or two charm they await their trail (ibid 1168). Sla very(prenominal) was another form of imprisonment where a slave must abide by his/her master (ibid 1168).International Prisoner Trade and gyp Transportation during seventeenth century which was selling criminals to the States, Australia as slaves marked criticism, which leads to enlightenment along with Ameri raise Revolution and finally put a stop on International Prisoner Trade in eighteenth century (ibid 1169). Jails, what we call prison today, were first modern structure ever built in colonial America (ibid 1169) and early eighteenth century marked modern foundation of prisons. Contemporary institutions came into existence in nineteenth century. They first originated in coupled States of America (Goff, 2004 278).Prisons hold convicted offenders who have been sanctioned to be in that respect by the judges. In Canada, there are two levels of prisons Federal Level and Provincial/Territorial Level. passel serving two years or little go to provincial or territorial prisons whereas inmates serving more than then two years go to federal prisons (Griffiths, 2007 294-297). Correctional System in various countries operates in same manner but the incarceration rate between all countries is very dissimilar. check to Statistics Canada (Internet), close 158,000 people were serving some sort of sentence in 2008 in Canada compared to other countries which is comparatively low. Canada holds 116 per 100,000 populations compared 702 of United States of America (Griffiths, 2007 289). Compared to size of country and rate of incarceration, why is the prison population going up despite the best effort made to restore offenders? Does prison work? Is correctional system effective?Prisons have gone funda kind changes since they first came into existence. Punishment has become very essential for law thats broken. People are always given some sort of punishment if they break any law. on that point have been lots of issues with prison recently. Criminologists, Sociologists and various scholars have debated both on success and failures of prison. Lots of scholars argue that prisons doesnt rehabilitate offenders, it rather makes them bad. other scholars argue that prisons are really effective and they are an essential component of criminal justice system along with society and helps in improving all those who have committed criminal offenses. This paper is going to discuss which opinion is more valid and true.Canadian Correctional SystemCanadas prison system first originated in early 1800s. Kingston Penitentiary was first prison ever to open in Canada. Canadas prison has vastly grown since then. Today Canada has about 215 facilities all over Canada ranging from federal prisons to provincial/territorial prison (Goff, 2004 259). Correctional System plays a significant utilisation in keeping the community safe. There are three general models laid out the foundations of Canadian Correctional System The Custodial Model, The Rehabilitation Model, and The Reintegration/Risk Re duction Model (ibid 265-266). All the models emphasise on prisoners incarceration for purpose of deterrence, ideal treatment of all offenders and reintegration into the society. According to Canadian Centre for Justice Statistics Profile Series, there are few very common and general themes among the population in custody. Most of the prisoners are either black or aboriginal and are inwardness addict. Most of them are men and many of them suffer some sort of psychological disablement (Griffiths, 2007 292-293). People who have committed property offences, addicted to drug/alcohol, failed to pay a elegant go to provincial/territorial prison whereas people convicted of serious offences such as murder go to federal prisons. There are various protective cover levels of prison in Canada including maximum security, medium security and minimum security (Goff, 2004 267). Factors such as severeness of offence, level of danger to society, prior criminal record, substance abuse, and psycholog ical impairdness determines level of security and type of prison an offender is going to (Mathews, 2003). Regardless of best efforts made by Correctional institutions to reform the prisoners, there has been uniform debate both in favour and effectiveness of prison. Next part of this paper will discuss arguments and counter-arguments regarding success of prisons.Prison Does WorkBased on research done by many authors, scholars, criminologists, sociologists, various survey agencies, some evidence has been presented on success of prisons. They argue that prisons are effective. According to Goodman (2006), who was former diocesan acquireor of education as well as former chair of Independent Monitoring Board, prisons are effective and help prisoners changing from criminals to law-abiding citizens. humans can play a large-scale role in make their life better. Prisons offer very special courses such as anger guidance courses to rehabilitate them. Intensive courses are also offered to h elp prisoners overcoming their drug tasks. According to the Economic Theory of Crime, developed by Becker, offenders are different and each of them offends delinquent to different reasons. Theory has been tested in various countries and has indeed provided positive results. Punishment does exercise substantial influence on conduct. (Saunders et al, 2002-03 4). Prison well wishers also argue that the courses that are being provided to the inmates have changed their thinking from criminal side to a law-abiding citizen. These courses include educational and treatment programs, adult basic education, skills ontogenesis program which helps in shaping their behaviour. Rehabilitation programs have been really effective as they focus on targeting specific problem areas. Rehabilitation programs include pro-criminal attitudes, problem solving deficit, creating educational and employment opportunities (Ore et al, 2003 62). Prisons are effective as they rehabilitate prisoners along with dete rrence. Also it has been suggested that police arrest rather than reported aversion to police should be used in minimizing bias in comparative studies across countries regarding success of prisons (ibid 62). In addition, what varies from country to country is which disgusts are considered for incarceration. Saunders and Billante besides defended this point by arguing that prisons deterrence effect does reduce crime. Co-relation between crimes rates and incarceration doesnt prelude success of prisons (Saunders et al, 2002-03 8). For precedent, in Canada, criminal law is same throughout the country but dispensed differently on provincial levels. Charles Murray mentioned in his work that prisons do work and are effective. He used USA as an example and described how high incarceration rates in USA led to low crimes between 1980s and 1990s (ibid 5). He further added that even if crime is low, incarceration must be kept high and prison can definitely put halt on crime, thats the main reason why crime rates in United Kingdom were up the roof. Dulilio further expanded Murrays point by saying that prison is an answer to question of how to deter crime (ibid 5). Crimes in Australia and bracing Zealand have escalated be defecate of an ease on imprisonment.The New Generation correctional facilities have been praiseworthy. They have dramatically reduced the escapes and violent acts in prison. The direct supervision model has also been considered really valuable. There are six different objectives attached to it along with seven behavioural dimensions that supervise the inmates in pods (Goff, 2004 268-269). Other custody options or alternatives to imprisonment have had mixed reviews. No accurate numbers have been released whether they have been considered to be far more successful than incarceration, in cross treatment approaches and community-based programs (Griffiths, 2007 278-279). Restorative justices have high review rates. According to Goff (2004 345), Restorat ive Justice refers to activities within the criminal justice system that are directed at repairing the injury to the victim and the community. Its one of the central features in Canadian criminal justice (Griffiths, 2007 272). Believers of our system hold the fact that sanction must be symmetrical to the crime. Its different from Utilitarian Goals and Retributive Goals (ibid 237). Offender must realize what he/she has done and how he/she has disturbed society as whole and should apologize to the victim for his/her actions. One of the main goals of this type of sanction is to avoid the offender from going thorough the criminal justice process and then be sent to prison. Circumstances, intentions and motives of offender are always move backn into consideration. This type is alone based on restitution. According to Zehr (1990) this process rebuilds relationships and restores peace.Prisons Dont WorkCounter-argument for potency of prisons is failure of prisons, that is, prisons dont w ork. Criminologists have argued that a prison doesnt alter criminal behaviour and theres a very high likelihood that inmates will re-offend once they finish their term and leave prison. People have encountered viciousness and unfairness in prisons. According to Frank, Beirie and Mackenzie (2010 93) prisons dont alter criminal behaviour, but they rather often promote criminality. They are generally delegitimizing. Prisons are considered schools of crime. Emotions play crucial role in phase of incarceration. many researchers have indicated that criminals dont cope well in prisons whereas critics have argued prisons do cope criminals (Frank et al, 2010 93). According to research conducted by Hurd (2005 26-27), prisons dont work at all. Increase in imprisonment doesnt reduce crime. He used England and Wales as an example. Number of prisoners increased from 44,000 to 60,000 from 1986 to 1997, but no reduction in crime was recorded. Offenders were being numbered up into jails but crime was still going up. Other scholars have argued the same thing. Sinead Hanks have argued the same point. The author used England and Wales as an example. In February 2008, there were about 82,000 people in prison, highest ever in the country. But crimes were still up as more than half of offenders were reoffending within two years by and by being released from prison (Hurd, 2005 26-27). Many prisoners have indicated that they have learned more on how to commit crimes during their imprisonment. Hanks (2008 95-96) argued that prison has been considered as dumping ground, that is, people who have mental health issues, drug addiction problems, are homeless and illiterate are offenders. The author also argued that since imprisonment rates have gone up, overcrowding is a big concern in prisons. This problem further leads to problem of less rehabilitation and higher reconviction rates. The cycle perpetuates itself. It was also discussed that its really expensive to keep the offenders in pr ison and more than half of the offenders are back within two years or so, thus putting extra burden on the budget (Hanks, 2008 95-96). punishable Policy is an important weapon in fighting crime. Article written by Mathews (2003), former inmate, suggests that maximum security prison doesnt rehabilitate prisoners, it rather makes them worse. He further added that inmates spend twenty hours a day in their cell in total isolation and its hard for them to function properly in society after spending that amount of time in total isolation, without any human contact. Most prisoners have developed some sort of psychological unsoundness and those who had it before, their situation is even worse. Prisoners are abused most of the time. Criminologists argue that this type of incarceration is inflicting punishment rather then rehabilitating those individuals. Individuals also face administrative segregation (Mathews, 2003 41). This article has received a lot of attention from various scholars, r esearchers, criminologists, sociologists and more research is being done on maximum security aspect of prison. Some of them even say it that its totally inhumane and degrading. Roger Matthews, Professor at London South Bank University, mentioned that looking at recidivism figures, it certainly looks like that prison isnt totally effective. Instead of rehabilitating prisoners, it adds up to governments budget (Matthews, 2005). People learn more about crime in prisons. Studies have revealed that prison time can help offenders in enhancing their criminal skills, described as prisonization effect (Tremblay, 2009).Other research studies have revealed that incarceration is not meeting up the expectations. According Griffiths (2007 279-280), incarceration is not an efficacious restraint but being caught and punished is a deterrent. It has also been argued that people who have spent more time in prison feel more comfortable in prison rather then being out in community. Longer prisons are t otally ineffective because sometimes low- risk offenders are exposed to high-risk offenders, and likelihood of learning other ways to commit crimes is very high. Further studies have revealed that even most offenders prefer probation over incarceration. Studies further revealed that prisons dont always carry out through its provisions and some of them have even failed to meet their performance targets (The Economist, 2003).There are bunch of other challenges confront by prisons. Prison Violence is still prevalent. It can be between inmates or between inmates and staff members (Goff, 2004 275). No body knows what happens inside the walls but formalized data disclosed that prison violence has gone up since 1989-90. Prison suicide is another challenge faced by correction facilities. No particular details are available why prisoners commit suicide but it has been express that mostly white males commit suicide in prison (ibid 275-276). insurrection cost of prisons is viewed as another trend in institutional corrections (Griffiths, 2007 323). As per the statistics, in 2003-04, average cost of inmate housing was approximately $ 87,000 in federal prisons, and approximately $ 51,000 for provincial/territorial prisons. This further raises question on effectiveness and rehabilitation of prisoners (ibid 324). Overcrowding is another issue and has been considered as a leading cause of violence. In federal prisons, about 25 percent of inmates share their room with another inmate (ibid 324). Over-representation of black and aboriginal people has definitely raised concerns. It has been said that criminal justice system is biased against them and systematic discrimination against aboriginals prevails (ibid 292-293).Comparison/ConclusionEffectiveness of prisons is a hot debate topic but its not easy to say whether prisons are effective or not. Studies have definitely revealed that high incarceration have lead to low crimes in countries like Australia, England, New Zealand an d United states but at the same time critics have argued that high incarceration rate have inflicted upon high crime rates in England and United States. It has also been argued that abuse of power by prison staff is degrading and inhumane and makes them even less collectible, that is, they dont use their authority legitimately but at the same point it has been argued that their legitimate authority have promoted people to follow the rules and be of good behavior. Media has also affected our thinking as prisons are predominantly represented as bad place. Charter of Rights and Freedoms provides limited rights to prisoners but their rights are being violated (Goff, 2004 276-277). Overcrowding of prisons and high costs have forced government to accomplish reforms. Provincial/territorial governments have debated earlier about privatization of prisons as private companies can provide better and cost effective service. This can definitely take off some burden from the budget but at the s ame time private companies try to maximize their profits by using less staff and paying them low wages (Klassen, 2009). Restorative justice has proven to be successful in recidivism and restitution (Klassen, 2009). Restorative system saves an offender from further damage and helps him/her in reintegration into society. Incarceration rate and its success is a topic that will never have a proper ending. Every time arguments have been presented regarding success of prison, they have been criticized using counter-arguments and more evidence is presented focusing on failure of correctional systems. Appropriate reforms should be implemented to make prisons more effective. affable programs should be provided, both inside and outside of prison, to strengthen public safety. Penal Crisis and Justice System reforms should be addressed and modified as per the contends. Theres no need of new prisons, or to rise up incarceration rates. Democratic values of any given country are reflected throug h prisons and therefore, prisons continue to be an integral part of our justice system and society. Careful analysis needs to be done to evaluate the effectiveness of prisons as presentation of incorrect information can be misleading to the society and public.

The Tourism Authority Of Thailand License Tourism Essay

The Tourism Authority Of Thailand License Tourism EssayBackground human voyage Services Limited, established in 1947, is Thailands oldest and largest decease agency. We retain more than than 500 employees and a fleet of more than 100 modern road vehicles. 80 qualified bilingual and multilingual guides speak still English, French, Spanish, German and Chinese. Company provides many daily coach electrical circuits and 2-6 days stoppages throughout the country such as River Kwai tours, Phuket, Krabi, Samui, Pattaya, Trang, Hua Hin/Cha-Am, and Chiang Mai and also including many additional package tours to Cambodia, Laos, Myanmar (Burma) and Vietnam.The company has its own tour desks in leading hotels at all of Thailands main resorts 23 hotels in Bangkok, 3 in Chiang Mai, 1 in Chiang Rai, 8 in Pattaya, 4 in Hua Hin/Cha-Am, 3 on Koh Samui and 4 in Phuket. In additional, the company also arranges booking for steamship companies, airlines and groom hold out. Through its affiliate Ai r Transport Service Ltd, it acts as General Sales Agent for United Airlines. It is also a BSP/IATA agent.VisionTo be the hap of trigger off Agent in ThailandMissionImprove the quality of transportationsHaving more connection with travel agent around the world.Expanding our tour desk to all leading hotel in Bangkok and some different in holidaymaker destinations.Organization ChartSWOT AnalysisStrengthsChallenging of managing touristry business successfullyRapert and Wren, (1998) discussed just to the highest degree the challenges of managing tourism businesses successful, the company must provide satisfying experiences for tourists and guests while profiting their owners. During the past 60 eld, World Travel Service is exists in tourism business which has proved itself about the successful in making business system and policy. One of those strategy is serving the guests with nigh threadbare service tour throughout the country, our tours are standard beca apply the guests volition have the program menti atomic number 53d by our staff from the tour desks about what are they going to see on that particular tour and how many split up that the tour are going to make and they result know about the time that the tours will finish and what time they should be back at the hotels. The tour guides are not allowed to sell any other programs that doesnt mentioned on the tours. All above about standard service is related to Laws (2004) which mention as normal Service flavour in tourism is very important, The level of service which management team sets might be graduate(prenominal)er (or lowers) than the clients anticipation of service standards and the Quality Systems might not control services standards in ways which matter to clients .Quality of StaffGmez-Meja et al (2004) discuss on choosing the responsibility person for a job underside make a tremendous positive difference in productivity and customer satisfaction. Sharpley (2005) described selection is very important recruitment and selection procedures that identify potential employees who will not tho have a natural disposition towards service provisions, only if who will also fit in with and respond to the plaques service culture. So, these above 2 ideas are related to the way how World Travel Service selects and recruits their employees. Currently, most of tour guides graduated from Fine Art Department, Silapakorn University, who know development about Thailand very well. Some other graduated from abroad can speak English fluently which make our tour guides become one of the most standard tourist guides of the country.Focus on premium and luxury tourEleri Jones and Claire Haven Tang (2005) explained that switch off of the luxury market have been raising and it will become the most important part of tourism industry. Now, World Travel Service does their marketing strategy on high-end market which focuse on premium and luxury tour by providing extravaganza bring outs around Thailand. And it is more valuable than mass tourism which having scarcely quantity but no quality of customers.WeaknessesCentralized ManagementPieniazek (2007) explained that power being consolidated at the top of the organization, risk is high if the top of the organization becomes incapable of leading the organization (death, illness, or massive organizational size ca employ a weak span of control) Employees also will feel little motivated to perform for the organization as they will not have an avenue for sharing their ideas on how to improve the organization. World Travel Service use Centralized Management style since their first operated in 1947 which continuously making decision by only one Thai owner of the company, Mr.Kusa Phunyarachun, 92 years old. In some urgent situation, owner cannot response immediately that why sometimes it can cause of failure and dissatisfaction.Old Building and Old adroitnessIn hospitality industry such as hotel, travel agent, the geograp hical appearance is important. ICRA rating, (2009) discussed that the quality of companys property is right off effect to the image of business. Its not only to attract the customers, but also create the brand loyalty. The head office of World Travel Service has never been renovated since its first operation in 1947. customer first impression can be impacted by the companys surrounding such as reception area, furniture style, decoration, parking area, Vehicle.Technology (E-Tourism)Galloway, Mochrie Deakins, (2004) discussed that online technologies within the tourism industry have significantly impacted on communications, transactions and relationships between the various industry operators and with the customers, as well as between regulators and operations. World Travel Service also doing the e-tourism such as web based technology, online reservation, etc. All of this are play the important role for e-business if the company can elapse doing well, it will involve a lot of ben efit to company. In the other hands, the company cannot handle to have the excellent operation system and updated website, the company will lost more gain.OpportunityAffordable Winter Travel Ideas to escape the ColdChristakos (2009) explained that many of tourists cant afford the luxury Hawaii or Bahamas holiday but if they want to relax and enjoy themselves while escaping the blustery winds of the north, there are plenty of things they can do. Thailand stays warm all year round, and it is most comfortable during the winter months. Its an increasingly popular destination for Australian and East Asian travelers who want both beautiful beaches and exciting modern cities like Bangkok, but there are often some very good deals for flights from the U.S. They dont come around every day, though, so you have to snatch them up when you find them. World Travel Service can gain profits from tourists who want to relax in Thailand.Thailand Rank shell VALUE FOR MONEYThailand has again emerged as the worlds best(p) brand in terms of value for money, according to the 2008 Country Brand Index (CBI), the third consecutive year it has won this accolade. Thailands ranking as the Best Country Brand for Value for Money was announced on 11 November, 2008, at the World Travel Market, the premier annual exhibition of the global travel trade. The same Brand Index also ranked Thailand third in the category of Friendly Locals and Authenticity. (International Public Relation Division Tourism Authority of Thailand, 2008). Thailand is the one of tourist attraction which is valuable for the money. This thing will make us become the favorite choice for the tourist who has limit money for their holiday. So that is lay out about how much Thailand tourism industry could lure on the customer come to visit and some of them might use the service from World Travel Service.ThreatGlobal Warming is threatening Thailands climateThe average of the worlds temperature increases and the serious natural d isaster happens causing negatively effects on peoples health. The tourists are scratch tours of World Travel Service because Thailand faces problems about natural disasters and disease problems such as depression, flood, H1N1 influenza and etc. Climate also influences environmental conditions that can dissuade tourists, including infectious diseases, wildfires, algal blooms, insect or waterborne pests (e.g. jellyfish), and extreme events such as hurricanes, floods or heat waves. It is also a crucial determinant of tourist decisionmaking. Seasonal climate fluctuations at tourism destinations and at major outbound markets are key drivers of tourism demand at global and regional scales. Weather is an intrinsic component of the travel experience and also influences tourist spending and holiday satisfaction (UNWTO, UNEP and WMO 2008).Thailands political crisisTen Kate (2010) emphasized the economic be from a retentive-running crisis have so far been largely confined to the tourism in dustry, consumer sentiment is declining and businesses are hurting. The crisis was smash confidence, tourism, private consumption and investment. The United States, Britain, Australia, Japan and other countries have warned citizens to reconsider travel plans to Bangkok. World Travel Service is mostly focusing on the foreigner tourist so the company also hitting by this situation. The customers booking for this year is very different to last year. Many tourists cancelled flights, hotels, car rental bookings and other tourism activities. This resulted in another dickens quarters of a quiet period for Thai tourism. Ryu, S. JR. (2005) explained that political instability can increase the perception of risk at a destination and generates negative publicity, which results in an inevitable decrease in tourist arrivals. Risk perception can influence tourist decision-making and destinations can be severely affected. steep Fuel Prices Affect TourismThe go off price is increasing, so its ef fect to all industries. World Travel Service is directly affected by fuel price because all activities of company use the vehicle for transportation. The raising of fuel price increases the cost of the company but they could only slightly put on the price of their product. So they have to prepare themselves for handle this thing. Hupp (2008) explained that hotels, cruises, airlines, travel agent and others in the travel industry are affected negatively by high oil prices because transportation costs are higher, and consumers are spending less because of stress on their budgets.RecommendationsUpdate company website.The web site of WTS is far more out of date, The Company have been operate as the largest and oldest travel agency of Thailand but somehow about the company profiles is only four paragraph long which some time make to company not gain more trusts from the customer. Therere many things that we can put on the website such as pictures from the past until present, which transp ortations they were used from the past to now and also the number of tourist who using the company service. As now E-tourism is very popular, people would like to search from the internet about the company and price and the tour programs before they make a decision to buying it. So its very necessary to develop the company website immediately. Mason (2008) explained that information about tourism product is vital to assist the consumer in making choice. Electronic forms of messages about tourism products have certain advantages over printed source. Electronic forms can be more up-to-date and hence topical, they can be more visual and in relation to computerized systems. Increasingly, consumers are using internet sites for planning, searching, reserving and purchasing tourism products.Improve more facilities in Guest Lobby Area.The facilities around the reception area are very poor, for example the chairs are not nice and self-conscious and there is only one sofa for guests to sit. Those who come early grab a good seat and for those who came late sometime have to sit distant or seat on a small chairs which is not suitable for our guests who actually have a large body. Also for our guests who spend over 2,000 baht for a full day tour and around 1,000 baht for a half day tour, this is expensive and I think the guests are looking transport to have a best of their time in Thailand by taking the tours with us started from a first minute when they arrived until the end of the tour. ICRA rating, (2009) discussed that the quality of companys property is directly effect to the image of business. Its not only to attract the customers, but also create the brand loyalty.The improvement of transportationThe company should improve their fleets to catch up with trend in order to stay as a leading travel agency of Thailand from example the number of the company fleets is about 100, and half of that includes the anterior series of Toyota Camry and Mercedes Benz bus are ver y old. Especially for the bus that have been using for over 20years old, many times it has break down while using on the tours. This is a big problem for us to solve this problems such as finding a local taxi in order to bring the guests to the closest destination to wait for other transportation that come from Bangkok to pick the guests. This process takes long time for everyone and of cause causing dissatisfy to the guests that they have to be waiting for so long which after all affect our company brand. Lamp and Davidson (1996) emphasized that the purchaser of tourism product must experience the trip to access the product, the quality of the transportation experience becomes an important aspect of the tourist experience and, therefore a key criterion that enters into destination choice.

Representation of Client in Contract Law Case

Representation of Client in Contract Law CaseTHE organismAbstract from the question given, on the purpose to advice on Arnold, it is vital and crucial to find out whether or non a contract has been formed in the midst of the parties involved so the locus standi1 of Arnold can be tracked. Hence, with the establishment of locus standi, Arnold whitethorn then can take effect on issues he has encountered to the parties. It is entirely indicating that, there must be a mutual commensurateness which is legally enforceable between parties involved. In a nonher word, there must be an existence of consensus ad idem.2 Whereby Lord Wilberforce a say on this issue in The Eurymedon as below- 3 English law, having committed itself to a rather technical and nonrepresentational doctrine of contract, in application takes a practical approach, often at the cost of forcing the facts to fit uneasily into the marked slots of offer, acceptance, and consideration In summary, In ramble to claim re medies, a valid contract shall consist of offer, acceptance, and consideration whereby this marks and that gives locus standi to the claimant to carry out contractual action towards the defendant. The issue in this question would be assaying for an evaluation on whether the tale make is a term or representation. If it is a term, it may lead to breach of contract whereas, if it is representation, it is imperative to seek for remedies available for the claimant.Establish the Contractual Relationship with the claimantTherefore, it can be denoted that the claimant, Arnold must have prove his contractual affinity with the first defendant, William to uphold his claim on his misfortune incident since he considers the deal given by William a dismal one. It is then submitted that, William can be catego forward motiond as an offeree whereby his enquiries is just just now an invitation to work on since he is just plainly making a request due to his needs. An invitation to treat, as per Treitel When parties negotiate with a view to making a contract, some preliminary communication may pass between them before a definite offer is made4 ground on the fact given, Arnold is indeed on the formula out for a house in the newly built Kenwood car park and sought for Williams consultation who is a house broker. As a result, it is submitted that Arnold is making an Invitation to treat in lieu of an offer like what has been illustrated in the case of Gibson 5. Whereas, on another hand, in the light of Storer v Manchester,6 in accordance to offer as defined by Professor Treitel, William has expressly show his willingness by giving Arnold particulars of that house. 7 On the surface, contractual relationship thereby established.Determining the bid made is a term or representationThus, It would be imperative to then applying Fletche LJs guideline as laid down in Heilbut Symons v Buckleton to find out realizable contractual action.8 It was held that a vague statement would amount to representation instead of a term. Whereby in Dimmock v Hallet that described the land as fertile and corrigible is constitute to a representation. 9 Likewise, in this scenario, statement made by William that a hypermarket will be opened in about 3 months is say to be a representation. In a nutshell, the core issue in this scenario would be whether William as an representor has misrepresented the facts to Arnold, the representee which by some(prenominal) chance may give rise to liabilities and Arnold shall be advised on the ground of the probabilities for being granted for possible remedies.The onus to prove the offeror has misrepresented the factsIt is advised that, in order to assure whether one has been misrepresented to the claimant, there are elements to prove an actionable misrepresentation. The representation made by the representor must be unambiguous false statement of fact which is addressed to the party misled and which includes that party to enter into a co ntract.10 This also signifying that, there must be a false statement of existing fact or law, and it is addressed to the party misled which has materially induces the party to embark into a legally binding agreement. As such, if the statement made is held to be a mere puff, a party will not be blamed beneath contractual liabilities. Notwithstanding with that, If all the elements have been satisfied, misrepresentation then has successfully raised at the first glance and remedies is likely to be granted.Elements to be proved on each statement madeEssentially, in order for a misrepresentation to be stand in this circumstance, the statement made must not be an opinion or mere puff. The defendant will therefore argue the statement made is merely an opinion hence, the claim towards him will not be succeeded as laid down in Bisset v Wikinson.11 Nevertheless, contrary with the mentioned point, In metalworker v Land Home Property Co. Ltd ,12 It can be rebutted that the statement is however an existing fact as per Bowen LJ 13 The one who knows the fact best involves in truth often a statement of a material fact It is nonetheless may be argued that, Arnold should have check the facts instead of relying on it hence, it is not at fault of the defendant. On another hand, William as the house broker should have better knowledge than any ordinary soul as he possesses a specific skill as held in Esso Petroleum Co. Ltd v Mardon.14 In addition, as Lord Evershead MR has uttered in Brown v Raphael15 , where such a person were in a better perplex than the other party to check the facts to back up his opinion, but did not do so, such person will be liable for misrepresentation.16 From the fact, William has described the Kenwood Park as Gated and Guarded and it was the most desirable property at heart the vicinity that turned out to be untrue. William as a house broker hold a better position than Arnold to ensure his opinion is true. Furthermore, he should have known the fact that celestial Homes is more popular since it is a well-known fact as compared to the Kenwood Park. Besides, it is of common knowledge that, guards must be employed by the residence but not the developers. William is therefore made a statement of fact and by possessing a special knowledge failed to check even he is in better position to do so. It can be said prima facie that he has misrepresented a statement of fact. In contrast, William may also raise an argument that, in general, a statement of a future intention will not constitute as a statement of fact therefore it is of no motion for him to be liable under misrepresentation on the grounds of Lord Wilberforce in British Airways Board v Taylors.17 It would not be just and bazaar as it is impossible for one to foresee the future and it is unpredictable and that binds the claimant. Indeed, William has mentioned that a hypermarket will be opened in about 3 months within Kenwood Park which amount to a statement as to the future. However, William cannot walk away based on that ground as Arnold may argue that a statement as to the future, can implicitly contain a statement of fact. In the light of Spice Girls Ltd v Aprilia World Service BV , It is illustrated that if the maker of the statement did not in truth hold the intention or belief at the condemnation of making it, he will misrepresenting the fact.18 As grasped from the fact, it is opined that William did not hold the intention indisputably by the time making the statement but he was said it with full faith by stating a specific timeframe that a Hypermarket will be opened in 3 months within Kenwood Park,. Hence, it is argued that the statement given are not merely an intention since at the time of contract, he believes himself is making an existing fact which at a high possibility that the hypermarket will be built and well-established within 3 months. As held in Edgington v Fitzmaurice, the statement made by William howsoever it may be controversia l to be an intentional statement it still amounts to a statement of fact.19 Even so, William may still argue that, in his understanding, he does not know that the Kenwood Park will not be Gated and Guarded in which is a half true statement, therefore, it can be argued that part he has misstate was silent apart. Action shall not be taken towards him as he says nothing about that since it was held in Fletcher v Krell that silence or non-disclosure of fact does not give rise to liability.20 Hence, William may not be liable under misrepresentation at this juncture. Notwithstanding with the above issue, Arnold can demolish that argument by claiming there is a set of exceptional rules whereby a half-true statement is deemed to be a misrepresentation as laid down in Nottingham Patent Brick tile Co. v Butler.21 Moreover, it is submitted that, there is a fiduciary relationship between both of them in which it is held that the party has the duty to disclose all the necessary fact to ensure a fair transaction under the light of Tate v Williamson.22 By juxtaposing the law and the fact, it is a crucial factor for William to ensure all the necessary facts has been told since it expertness affect the transaction. As a result, silence in this scenario does give rise to liability at the first glance. In accordance to the ratio of With v O Flanagan, it can also be argued that, whenever there is any occurrence of changes in the circumstances, the party should have check so the existing fact would not be false and misled the party.23 On the fact, the plan for the hypermarket has been scrapped by the developers to make way for a man-made lake. Based on that, William was in fact, did not check and inform any changes to Arnold before signing the agreement. Also, another vital issue would be to prove whether or not has the statement of fact made by the representor has materially induce the represetee enter into the contract. As per Jessel MR has expressed in Mathias v Yetts 24 if a man has a material misstatement made to him which way, form its nature, induce him to enter into the contract, it is an inference that he is induced to enter into contract by it. You need not prove it affirmatively. On the fact, The inducement has shown when Arnold actually became interested and gave 10% of the price of the house to William as a down compensation after he listened to Williams statements where he described the property is gated and guarded, there will be a hypermarket opening in within 3 months and illustrated it as the most desirable property in the vicinity that is not wholly true. Attwood v Small.25 Apart from that, William may, at this stage, argue that the statement made must be done directly by the representor to the representee in which the house owner is John whereas he is just merely an innocent third party. Hence, action could not be taken towards William. However, on the grounds of Conlon v Simms whereby it says, the statement made can also be done thr ough an authorised agent.26 Based on this sense, William as a house broker has acted on behalf of John to deal with William and the statement made by him has indeed misled Arnold to embark into a bad deal. Nonetheless, According to Smith v Chadwick, it is submitted that if the representee knows it is a representation statement, then, it shall not be taken action on misrepresentation.27 However, it is argued that Arnold does not aware of the statements since he intends to discontinue with the agreement. Afterhe knows the facts told is not true. Hence, it is prima facie that , in the light of Horsfall v Thomas, the claimant, Arnold can now take action towards William under misrepresentation as all the elements has been satisfied.28 The next caveat would be to determine which type of misrepresentation can the claimant claim under and the possibility of Arnold to rescind the contract.Type of legerdemainIt may be submitted that Arnold can claim for his recission subject to the bars to rescission as he wishes to discontinue with the purchase. It is advised that, Arnold may seek for remedies under Fraudulent refutal or Negligent Misrepresentation which both has got different components to be proved and the burden of proof lies on the representee. First and foremost, in order to claim under Fraudulent Misrepresentation which is governed under the tort of deceit, it must be proven that the statement made knowingly, without belief in its truth, reckless whether it will be true or false as stated under Derry v Peek.29 However, in this case, Fraudulent may not be successfully stand as William do not make the statement knowingly as the actual fact is, the plan for the hypermarket has been changed unbeknown to all parties by the developer. Therefore, the claim would unlikely to be successful under Fraudulent Misrepresentation as the standard of proof is rather high. The alternative way would be Negligent Misrepresentation under Negligent Misstatement in common law on the grounds of Hedley Bryne v Heller.30 In order to claim under this type of Misrepresentation, it is needed to prove the existence of special relationship. On the fact, there is special relationship between them are on a dealing of Business. In addition, as laid down in William v Natural Life Health Food, special relationship can be tracked since he possesses special knowledge which in fact he is a house broker.31 On the fact, it can be argued that, though William maybe believes all the statement made by him to be true, he has the duty to check. On this stage, it may be said that Arnold is at the higher chance to get rescission. William may claim that, there is one possible bar to rescission available which is the lapse of time as described in Leaf vInternational GalleriesOn the fact, Arnold has decided to take contractual action only on a week before signing the agreement which the lapse of time argument would not render rescission ineffective. Thus, rescission is still available whe re he can recover his paid down payment as well if he successfully claims under Negligent Misrepresentation. On another hand, Arnold may also take action against John as he is the owner of the house and do not disclose the defects of the property. On the fact, there have been a few cracks appearing in some parts of the house. However, it is said the representation is made between William and Arnold as a lawful authorised agent. Therefore, misrepresentation could not occur in this scenario. In a nutshell, Arnold as a representee is now at a higher to claim for remedies which are rescission and damages as William has made a false statement of existing fact and that materially induced and misled to Arnold to embark into the contract on the purchase of the property.

The Impractical Philosophies of Self-reliance and Civil Disobedience Es

The Impractical Philosophies of Self-reliance and Civil Disobedience   The philosophies of Henry David Thoreau and Ralph Waldo Emerson would work intumesce in a lodge comprised only of highly intellectual, healthy individuals who were willing put forth the effort undeniable to thoroughly examine themselves and formulate their cause opinions about every issue pertaining to them. Emerson said that all members of society should think for themselves and formulate their own opinions rather than conforming to a popular belief. Thoreau said that the outgo government was no government, and that people should always do what was just. A society that functi oned under the ideals of Emerson and Thoreau would have no problems. No money would be needed, because all members of society would do what was right and help each other out. A farmer would give away his grain and in return would receive everything he needed from other members of society. No crimes would be committed because people would think through what they were about to do and realize that a better option existed. Realistically, such a society is non possible because humans constantly make mistakes, and since these ideals rest on the notion that all members of society will adhere to them, the philosophies are not practical. Because humans could never fully adhere to them, the philosophies of Emerson and Thoreau will never be adopted in society.   The philosophy of Thoreau hinges on the acceptance and truth of the philosophy of Emerson, and the philosophy of Emerson is ruined if the philosophy of Thoreau cannot be followed. Emerson preached that all men should trust their own hearts, and that what they thought was good and true. To believe your own thought, to believe that ... ...s as the checks and balances for human neglect.   plenty have two distinct natural tendencies. At heart, they tend to be good, but in action they tend to be bad. People know the battle between right and wrong, but us ually do not act on this knowledge. They tend to act too quickly, to give in to their desire for more(prenominal) money and more power, thinking that these will bring them happiness. People usually fail to understand that true happiness lies in doing the right thing.   Self-reliance and civilised disobedience go hand in hand. If all people are self-reliant, then they can function with no government at all. But if one man is not self-reliant and acts against his good nature, government is needed and thus self-reliance cannot fully function. In a perfect society, these ideals would work wonders. In blemished society they will accomplish nothing.