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Management Assignment Example | Topics and Well Written Essays - 500 words - 7
The board - Assignment Example The organization additionally has solid showcasing and publicizing capacities; it goes through its promoti...
Wednesday, October 16, 2019
Arch Communications Group Essay Example | Topics and Well Written Essays - 1000 words
Arch Communications Group - Essay Example As the research declares still consider Arch to be a sound buy. One of these analysts is John Adams, at Wessels, Arnold & Henderson, who believes that Archââ¬â¢s stocks are undervalued. In his analysis, using EBITDA, Adams concludes that the companyââ¬â¢s stocks are still a profitable investment because of its impressive historical growth. This implores investors to ask if Archââ¬â¢s stocks were undervalued. In Adamsââ¬â¢ valuation estimates, where he presents a ten-year horizon long estimate of Archââ¬â¢s cash flow until the year 2005, this seems to be the case. This paper explores that EBITDA trends of the top paging companies highlights Arch as having one of the highest EBITDA margins in 1995 ââ¬â a staggering 37% similar with Pagenet, the largest paging company in the country. Arch was also presented to have the highest growth rates in the industry at a 273% subscriber growth rate, 224% revenue growth rate, and 303% EBITDA growth rate, all of which are significantly higher than its competitors. Its Enterprise Value / EBITDA ratio is also the second highest at 18.9, second only to MobileComm, at 27.8 in 1995, and its Enterprise Value / Subscriber ratio is projected to be the highest in 1996 at $422, significantly higher than the average ratio, which is at $326. Based on these values, one can see a clear picture of Archââ¬â¢s position vis-à -vis its competitors in the industry. By using EBITDA margins to draw comparable conclusions regarding Archââ¬â¢s value against competing companies in the industry, it failed to consider seve ral factors.
Tuesday, October 15, 2019
Southwest Airlines Case Anaylsis Essay Example | Topics and Well Written Essays - 10000 words
Southwest Airlines Case Anaylsis - Essay Example They lived up to their dreams since Southwest Airlines now ranks the fourth largest airliner that is operating under the logo LUV on NYSE in the united states of America. Rolling King and Herb Kelleher completed the necessary paperwork to create Air Southwest Co. the name by which the southwest airlines was known. Following the filing of approval by the two pioneers with the FAA, on 20th February, 1968 their plan to fly between the three Texas cities was approved by the Texas Aeronautical Commission. Southwest continued to expand all through the 1980s and 1990s, and by 1993, it was operating between 34 cities in 15 states. This airline progressively expanded across the southwestern states into the northwest, the Midwest, and the state of California. Besides, it ventured into new destination in Florida and on the east coast. Owing to the low prices it offers it quickly conquered the markets share it explored. In fact; some competitors were forced to withdraw after Southwest Airlines entered their markets, allowing the company to expand faster than expected (David 1999). For instance; when the Southwest Airlines ventured into California market (1990) it quickly scooped 20% of the intrastate market, sending a number of its competitors out of Los Angeles-San Francisco route, thus dominating the route. This happened because they were unable to contest the $59 one-way flight charges, with their $186 one way fare (Scholes 1999). In late 1994, United Airlines started to make a come back to the west coast routes. They tried to launch a low-cost, high-frequency shuttle services to no avail, because even a shuttle could not contest with southwest in a direct battle, as a result United Airline had to relocate its shuttle out of Southwest Airlines' routes and to some extent abandon some routes altogether (David 1999). Nowadays a lot of people travel by plane, the airline industry has hence increased in service provision and even in scope specializing cargo and passenger planes. Southwest Airlines Company ventures in this industry in a unique way providing fairly low priced air transport in over 58 cities across the United States of America. Despite the September 11th terrorist attack, that caused a major blow to the airline industry, the Southwest Airlines Company still persisted when other airline corporations sunk into debts. Based on the information on southwest airliners from News Week and Wall Street Journal, the corporation enjoys steady sales (David 1999). The major attribute for their unwavering success is their low-cost model and the knowledge by the competitors that the low prices of southwest are far from being matched. Therefore; by decreasing the prices even lower, the southwest airline corporation can push a company into bankruptcy (Scholes 1999). An outstanding objective of Southwest Airlines involves dedication to top-quality service delivery coupled with a sense of friendliness, person's dignity, hospitality, and company zeal. Among the services the company provides are, short haul, point to point, high frequency, and low fare air transportation between 58 cities in the United States (David 1999). The organization of Southwest Airline Company adopts an upside-down pyramid where the senior management is at the base and
Monday, October 14, 2019
The liberal democrat Partys election broadcast Essay Example for Free
The liberal democrat Partys election broadcast Essay In the opening sequence, we used diegetic sound, as we could see and hear Charles Kennedy talking. He uses a clear, bold assertive tone of voice, thus attracting the full attention of the viewer. We could also hear everyday sounds in the background- the children laughing and playing using parallel sound as Kennedy describes how schools can be better with the Liberal Democrats. Within the classroom, everyday sound is included again, with the scraping of chairs and other typical classroom sounds. When Frankie Fawcetts Father begins to speak, we use diegetic sound once again. Seeing the face of the speaker makes it more personal, and easier for the viewer to empathise, after seeing how ordinary people can be affected. In the sequence concerning the commuter, we emphasised the awful ordeal of using the rail service by using exaggerated parallel sound. This sound device helps show the viewers how the Labour Party is affecting ordinary, everyday people. The everyday sounds inside the train appeared louder, and there was loud prominent coughing that further outlines the terrible, cramped conditions. We used a few sound bridges, which helped smoothen the link between two scenes. We felt it unnecessary to use techniques such as contrapuntal sound, as it might have confused the viewers in such a straightforward broadcast. Before I move onto the next section, are there any questions? Okay. Now onto camera shots. A number of different techniques were used during the broadcast to outline certain aspects and messages put out to the viewers. When there was a speaker on screen, we tended to use more mid shots, which feel friendlier, as we thought that maybe close up shots might have given the impression that youve no option but to listen to this person. But by using mid-shots, you can see the speaker as well as seeing what is going on in the background. Charles Kennedy introduces himself whilst in mid shot, and we can relate to what hes saying by seeing the school children in long shot. In the classroom scene, we use a crane shot, and angle it to further aid the viewers to understand just how crowded the classrooms are. When Kennedy outlines the problem with the rail service, we included a long shot of the train, and also included Kennedy himself, in a mid shot. In the commuters sequence, doing an extreme close up on the watch creates an emphasis on the late time keeping of the trains. Whilst the commuters are inside the train, we used close-ups, to create the feeling of extreme cramped conditions. You will have noticed the shaking of the camera, suggesting the train journey to be bumpy and uncomfortable. You may have noticed that we didnt use tracking shots, as we wanted to concentrate on the inside of the train. During the University Student sequence, we did a long shot of the two students, and then zoomed in on each one. On the red student union card, you can see a close up of each of the students faces. This makes it easier to see their expressions and feelings towards the situation of whether or not they have to pay tuition fees. At the end, we used a range of different shots to show the celebrations. We used panning shots to show just how many people were joining in on the celebration. Also, using tilt shots to follow the movement of the balloons and fireworks helps develop the celebratory mood. I would now like to move on to which editing techniques we used and why. Firstly, editing is the way in which shots are joined together, and you may have noticed that the majority of our editing techniques involved straight cuts. This was to keep areas of the broadcast clean and simple, and to minimise confusion. For example, we used a straight cut from the point in which Charles Kennedy introduced himself, to the point that showed the school children sat in the classroom. We thought this was a good choice of editing as the two scenes were related and the straight cut keeps things simple. A dissolve shot may not have been appropriate here, as the viewers may view the next scene as one of a different subject. We took full advantage of jump cuts within the train. This gives the viewer a clear idea of the discomfort of the journey and the fact that commuting with trains under the Labour government is quite bad. We tended to use jump cuts in areas that portrayed the bad aspects of the Labour rule. We avoided using editing techniques such as dissolve as it was only a 5 minute broadcast and we thought that using this technique would consume too much time, and also be quite confusing as there wasnt really a relevant place for one anyway. Other techniques such as wipe cut we found inappropriate for the broadcast, although there was a point in which we used a fade out to black, which signalled a change in subject. If there are no questions, (pause) I should now like to move onto the special effects we used within the broadcast. We used a range of different techniques. Even at the beginning, we did a triple shot that included three different mini screens showing all the different people being affected by the government. This gives the viewers the idea that everyone is affected by the ruling of the government. And then, at the end, three smaller screens are shown to give the viewer a clear idea of how big the celebration is. We also used the technique of superimposition. For example, within the classroom we superimposed Frankie Fawcetts Fathers face onto the scene of the classroom. We thought this to be a good use of special effects as it gave a more personal effect, seeing the concerned Father speaking, as well as seeing his daughter in the cramped classroom. It may also give the effect to the viewers that this is affecting everyone, everyday people. We again used superimposition in the scene that superimposed the university students faces onto the student union cards. Also we used special effects to illustrate statistics; numbers and figures associated with, for example, the number of children Labour has in each classroom, compared with the number the Lib Dems will cut class sizes to. You may have noticed that this sort of special effect using graphics was used quite frequently when it came to comparing Labours rule with the possible Lib Dem rule. One example was when we were illustrating the problem with tuition fees. The statistics were displayed on the screen as bright yellow computerised graphics, whilst the image of the page of a book was shown in the background, which gave relevance to the fact that it relates to education. Moving on from graphics, we used certain effects to give an emphasised impression. For example, in the scene with the school pupils, we cut out about 10 of the pupils to show how the Lib Dems will reduce the class sizes. But to emphasise the feeling of space, you may have noticed that the effect is greater when we take the pupils out from the front of the classroom. Finally, I would like to talk about the mise en scene, that is, basically, the things such as setting, props, costume and makeup and facial expressions. Inside the classroom full of school pupils, we made sure that they looked hard at work, you may have noticed them talking quietly, sitting with their backs straight. We also made sure that the desks were full of school equipment, to give the room a further emphasised effect of busy-ness. Also the viewers will sympathise for the pupils as they look like they are really trying to cope with the cramped conditions, and still trying to work as hard as they can. The fact that Charles Kennedy and Mr. Fawcett are seen wearing suits makes clear that this is a serious matter. In the sequence involving the commuter, we told Jill not to wear smart clothes, and you may have noticed her hair flying all over the place and her make up after the journey was pale and bare, giving her a look of ill health. She never smiled during her commute, and she curled her lip whilst getting off the train. We made sure that it was a dull day in order to parallel the somewhat dull commute. In the scene involving the university students, you may have noticed that the students were sat there, talking quietly, drinking water. This would give the idea that the students are sensible (not drinking beer and bouncing off the walls! ) and consequently deserve the right not to pay tuition fees. And then finally, we see lots of happy body language during the celebrations, clapping and waving. Now, that just about concludes my explanation about the broadcast. Are there any questions before I bid you all farewell? (Answers questions) Okay then! Thank you very much for coming ladies and gentlemen, it has been my pleasure to be able to work with such a broadcast, and I wish you all the best for the upcoming election.
Sunday, October 13, 2019
Hepatoprotective Effect of Pomegranate: Histological Study
Hepatoprotective Effect of Pomegranate: Histological Study ORIGINAL ARTICLE A HISTOLOGICAL STUDY OF HEPATOPROTECTIVE EFFECT OF POMEGRANATE, IN MINOCYCLINE TREATED GUINEA PIGS Dr. M. Nadeem Siddiqui Dr. Sarwath Fatimee Dr. Hemant Kumar Dr. Bashir A. Sheikh ABSTRACT Objective: To determine the hepatoprotective effects of pomegranate on drug induced autoimmune hepatitis produced by minocycline. Material and Method: This experimental study was conducted in the department of anatomy, basic medical sciences institute, Jinnah post-graduate medical centre, Karachi. 30 adult male guinea pigs taken and divided in three groups, A, B and C, respectively with each group having 10 animals, Group A served as control, Group B was treated with minocycline 0.02mg/Gram body weight and Group C was given the minocycline along with pomegranate in the dose of 0.9 mg/ Gram body weight. On the completion of study, the animals were sacrificed and liver were removed for the histological examination under light microscopy in haematoxylin eosin staining. Results: The HE stained slides were studied and showed the normal architecture of liver in group A animals, distorted pattern of hepatic cords with marked infiltration of inflammatory cells in group B animals, and less altered pattern of hepatic cords with less infiltration of inflammatory cells in group C animals approximately similar architecture to control group. Conclusion: Use of pomegranate with minocycline can prevent hepatic damage particularly the autoimmune hepatitis. KEY WORDS: Minocycline, Pomegranate , hepatotoxicity , autoimmune hepatitis. INTRODUCTION Drugs are the most common cause of liver injury. More than 900 drugs toxins and herbs have been reported to cause liver injury.1 Drug induced autoimmune hepatitis (DIAH) has been reported to be caused by several drugs.2 Autoimmune hepatitis is a chronic inflammatory disease of the liver.3 marked by prominent infiltration of inflammatory cells.4it is an acute and potentially severe side effect, particularly often reported after the long term use of minocycline.5 A significant proportion of patients with autoimmune hepatitis have drug induced hepatitis, mainly because of this drug.6 Minocycline, a semi synthetic, broad spectrum antimicrobial tetracycline available since 1972 is widely prescribed as systemic antibiotic for acne vulgaris which is given for a prolonged period ( month to years).6 Foods rich in natural antioxidants have been proposed as a tool to prevent and cure liver damage.7 The pomegranate is one of the important dietary sources, that exhibits strong anti oxidant and an ti-inflammatory properties.8 Its main constitute, ellagic acid, have been proven to antagonize in vitro to inhibit the pro-inflammatory mechanisms.9 MATERIAL METHOD This experimental study was conducted for 8 weeks by taking 30 adult male guinea pigs of 450-650 weight at animal house of BMSI, JPMC, Karachi and divided them into three main groups i.e., A,B and C that comprises 10 animals each and receiving standard laboratory diet ad labitum. Group A served as control, group B was given minocycline 0.02 mg /G body weight / day orally based on human consumption for the duration of one year, while group C was given minocycline in the same dose along with pomegranate 0.9 mg /G body weight /day orally. At the end of the experimental period, all the animals were sacrificed under ether anesthesia and liver was removed to be fixed in 10% formalin for 24-48 hours. The tissue samples taken from the organ were then dehydrated in ascending strength of alcohol, cleared in xylene, infiltrated and embedded in paraffin wax. Tissue blocks were made and 4-5 à ¼m thick sections were obtained by cutting them with microtome. The sections then mounted on glass slide s and were stained with haematoxylin and eosin. The morphological changes in normal architecture of liver lobule were observed under light microscope with the help of 8X ocular, 40X objectives and graded according to the infiltration of inflammatory cells within the three zones of hepatic lobule 8. The grading was done as follows: Grade O (normal N) : no infiltration of infiltration of inflammatory cells in any zone. Grade I (mild M+) : infiltration of inflammatory cells within zone I Grade II (moderate M++) : infiltration of inflammatory cells within zone II Grade III (marked M+++) : infiltration of inflammatory cells within zone III RESULTS The present study was design to observe the minocycline treated animal and pomegranate protected animal in guinea pigs. Observations and results of microscopic examination were compared with control animal. The minocycline treated group B animal showed the distorted pattern of hepatic cords, dilated central vein with marked congestion, and some swollen hepatocytes with piknotic nuclei. Areas of marked infiltration of inflammatory cells especially lymphocytes and plasma cells observed in zone III of hepatic lobule. The microscopic examination of pomegranate and minocycline treated group C animals showed the architecture of hepatic lobule in comparison to control group A that is less distorted of hepatic cords and less dilated central vein, while infiltration of inflammatory cells is markedly decreased and limited to zone I when compared to group B animals n: number of animals N: normal M+ : Mild. M+++ : Marked DISCUSSION The histological examination of hepatic lobules in haemotoxylin and eosin stained sections of control group A showed normal architecture as described by Young et al.10,11 In the minocycline treated animals of group B the architecture of hepatic lobule has markedly changed when compared to group A. It showed the irregular distorted pattern of hepatic cords, increase in vascularity and irregular shape of hepatocytes with pyknotic nuclei. This is in agreement with Lawrenson et al. who described the comparative changes in hepatic architecture after the use of minocycline that showed the necrotic and inflammatory changes with distorted pattern of hepatic cords.12 This is also concluded by Kumar et al. who also showed the necrotic changes and plasma cell infiltration with distorted pattern of hepatic cords in autoimmune hepatitis.13 Group C animals treated with pomegranate and minocycline simultaneously demonstrate the protective effects on hepatic architecture. The hepatic cords showed regular arrangement of and the hepatocytes were normal in shape, while the hepatic lobules showed less accumulation of inflammatory cells when compared to Group B animals. This is in accordance with the study of Novarro et al. who proved that after the treatment of pomegranate in hepatoma the pattern of distorted hepatic cords become normal.14 This is also in concurrence with the study of Middha et al. who concluded that utilization of pomegranate, ultimately improve the hepatic architecture by providing the protection against oxidative damage.15 CONCLUSION From the results of this study, it can be concluded that pomegranate has proved to be highly effective in preventing the hepatic damage produced by minocycline particularly minocycline induced autoimmune hepatitis. So use of pomegranate should be promoted in daily life, particularly in those patients who are on long term minocycline treatment. Figure 1: HE stained 4 micron thick sections of minocycline treated liver, showing dilated central vein (CV), distorted hepatic cords with numerous pyknotic nuclei (PN) and marked infiltration of inflammatory cells (IC). (Photomicrograph X400). Figure 2: HE stained section 4 micron thick of pomegranate protected in minocycline treated liver, showing less dilated central vein (CV), more regular hepatic cords (HC) with normal nuclei and less infiltration of inflammatory cells (IC). (Photomicrograph X 400). REFERENCES Mehta N, Ozick L. Drug-induced hepatotoxicity.Mar 28 2008, From http:// emedicine.medscape.com/article/169814.: Bjà ¶rnsson E, Talwalkar J, Treeprasertsuk S, Kamath PS, Takahashi N, Sanderson S, Neuhauser M, Lindor K. Drug-induced autoimmune hepatitis: clinical characteristics and prognosis. Hepatology. 2010 Jun;51(6):2040-8. Manns MP and Vogel A. Autoimmune Hepatitis, From Mechanisms to Therapy.à HEPATOLOGY2006;43:S132-S144. Aldenhoven M, van Enk JG, Avis WA. Czaja AJ. Minocycline-induced autoimmune hepatitis. Ned Tijdschr Geneeskd. 2013;157(3):A5465. Drug induced hepatitis with autoimmune features during minocycline therapy. Abe M, Furukawa S, Takayama S, Mlchitaka K, Mlnami H, Yamamoto K, Horiike N and Onji M.Internal Medicine. 2003; 42 (1): 48-52. Antioxidant activity and hepatoprotective effect of pomegranate peel and whey powders in rats. Ashoush IS, El-Batawy OI, El-Shourbagy GA. Annals of Agriculture Science ;2013: 58 (1): 27-32. Coursodon-Boyiddle CF , Snarrenberg CL,. Adkins-Rieck CK, Bassaganya-Riera J,2 Raquel Hontecillas R, Peter Lawrence P, Brenna JT, Jouni ZE, and DvorakB. Pomegranate seed oil reduces intestinal damage in a rat model of necrotizing enterocolitis. Am J Physiol Gastrointest Liver Physiol. 2012 September 15; 303(6): G744ââ¬âG751. Dellââ¬â¢Agli, M, Galli ,GV,Bulgari, M, Basillico, N, Romeo, S, Bhattacharya D, Taramelli, D, and Bosisio, E 2010, ââ¬ËEllagitannins of the fruit rind of Pomegranate (Punica granatum) antagonist in vitro the host of inflammatory response mechanisms involved in onset of malariaââ¬â¢, Malaria journal, vol. 9, pp. 208. Young B, Lowe JS, Stevens A, Heath JW. Wheaterââ¬â¢s Functional Histology ; A Text and Colour Atlas. 2006 :290-294. Kasper DL, Fauci AS, Longo DL, Braunwald E, Hauser SL, Jameson JL. Harrisonââ¬â¢s Principles of Internal Medicine. 2005; 16th Edition: 1808. Lawrenson RA, Seaman HE, Sundstrom A, Williams TJ, Farmer RDT. Liver damage associated with minocycline use in acne. 2001;4: 333-349. Kumar V, Abbas AK, Fausto N, Mitchell RN. Robbins Basic Pathology.8th Edition. 2007; 8th Edition: 633. Kumar V, Abbas AK, Fausto N, Aster JC. Robbins and Cotran Pathologic Basis of Disease. 2010; 8thà Edition: 855 Navarro M, Amigo-Benavent M, Mesias M, Baeza G, Gokmen V, Bravo L, Moralesa FJ. An Oxidative pomegranate seed extract ameliorates oxidative stress of human hepatoma HepG2 cells. Journal of Science of Food and Agriculture. 2014; 94: 162-167. Midha SK, Usha T, Pannde V. AReview on antihypergycemic and hepatoprotective activity of Eco-Friendly Punica Granatum peel waste. Evidence-Based Complementary and Alternative Medicine. 2013. From http://dx.doi.org/10.1155/2013/656172.
Saturday, October 12, 2019
Ruhling Manufacturing Company Essay -- Business Management
1. Why might negotiation be favored over competitive bidding in certain procurement situations? Based on the textbook and my understanding, whenever there are negotiations between a procurer and a supplier regarding a competitive bidding, the first thing that might be favored is the scope of the project, meaning both will sit down and discuss the entire project prior the work begins. Meanwhile, during the negotiations, evaluation criteria should be clear, and stated and defined. As the evaluation is based on the criteria stated and the procurer can request or ask the supplierââ¬â¢s opinions on certain specifications and where things can be improved. There are two characteristics to be considered when negotiating over competitive bidding: a) Must be flexible and allow changes to make and specify the designs of the projects. b) Knowledge is very important because if a project is based or awarded on competitive bidding then a contractor may not know the information about possible design flaws, submit a low bid, and recoup profits when changes are required. 2. Considerations of Epsilon's alternative proposal: a. What is the applicability of a requirements contract from Ruhlingââ¬â¢s point of view? Assume that Epsilon will still make a profit resulting from economics of long runs and learning curves From Ruhling's point of views, the applicable of a requirements contract are both legal and mutually satisfactory, as long as performance is met and buyer's requirements exist, it gives certain protection against price increases, and the possibility of a market predictable. b. Assuming Ruhling is now interested in a requirements contract, how should Ruhling proceed with the bidding/award process? Ruhling should start a ... ...anged innumerable times over the project's life. Continual rework and time delays had hampered progress. Bolger had reported design errors that necessitated the refitting of complex equipment and rework of the aluminum welding. Materials requirements included the use of welded aluminum. Bolger normally employed only steel welders; aluminum welders were in short supply and impatient during work stoppages. The Bolger contract was cost based plus a fixed fee. A particularly disturbing problem was Bolger's cost reporting system. Bolger contract negotiators waited for up to three weeks for cost data. Works Cited http://www.fns.usda.gov/tn/Resources/equip08.pdf http://faculty.haas.berkeley.edu/stadelis/aucvsneg07_15_07.pdf http://www.nextlevelpurchasing.com/articles/dual-source.html http://corpslakes.usace.army.mil/employees/omcontracts/pdfs/section12.pdf
Friday, October 11, 2019
Do Judges Make Law
Introduction A lawà is an obligatory rule of conduct imposed and enforced by the sovereign[1]. Therefore the law is the body of principles recognized and enforced by the state in the application of justice. The law is mainly made by a parliament, a legislative body given power by the constitution to draft law. However in the last few decades there has been a notion that judges make law. A judgeà is a public official appointed or elected to hear and decide legal matters in court[2],à Judges exercise judicial power. This involves making binding decisions affecting the rights and duties of citizens and institutions.In carrying out this task, a judge can use any of the following three sources of Ugandan law, Acts of Parliament or legislation, the common law, or previous decisions by the courts andà a constitution Do judges make law? To ask the question ââ¬Å"do judges make law? â⬠à Implies that perhaps to some extent they do make law. A great deal of controversy has cente red on this question as to how far judges can legitimately make law although a great number such as lord Bentham have referred to it as a ââ¬Å"childish fictionâ⬠thus judges cannot make law.Many other scholars more so those that are followers of the realist school of thought haveà placed absolute emphasis on the discretion of judges and relegated the ââ¬Å"rulesâ⬠to an obscure position. It can however not be denied looking closely at the present legal system that judges have played a dominant role in moulding the doctrines of the present law for example the common law which is also referred to as judge made law. Nevertheless today no informed observer disputes that judges do especially those of the Supreme Court make law. In the same way the likes of lord Denning moulded the doctrines of the law of contract and otherwise.To answer if judge make law lets its crucial to analyse how they do so. The application ofà precedent by judges, whether they are developing the c ommon law (for e. g. in areas such as negligence or murder) is the main mechanism whereby judges make law. Precedents are legal principles, created by a court decision, which provides an example or authority for judges deciding similar issues later. Generally, decisions of higher courts are mandatory precedent on lower courts that is; the principle announced by a higher court must be followed in later cases.Occasionally, judges are called upon to give a ruling or make a decision when faced with a situation for which there seems to be no precedent or any guiding rule. In these circumstances, judges can be said to be formulating original precedent thereby using his own discretion regarding when he thinks rules need to be applied, changed, improved, or abolished. Inà A. G v Butterwort[3]à lord Denning states that; ââ¬Å"It may be in the books, but if this be so all I can say is thatà thee sooner we make it the betterâ⬠.Therefore a judge in using his discretionà the phrase commonly used here is that he decides not on precedent but on principle, the difference is that in one case he is applying a principle illustrated by a previous example, in the other case he is employing a case not previously formulated but consonant with the whole doctrine of law and justice. Further because statutes and common law rules are often too vague and unclear it is often inevitable in ââ¬Å"hard casesâ⬠for a judge to create new law by deciding cases.The decision of courts of justice when exactly in point with a case before the court are generally held to have a binding authority, as well to keep the scale of justice even and steady because the law in that case has been solemnly declared and determined. Judges further make law throughà statutory interpretation. The trend has always been that the legislature makes the law while the judges interpret it. Legislation may sometimes be ambiguous or unclear. When this occurs, a court will need to decide between differen t interpretations of legislation. The common law is judge made law.It has been developed by the courts. It continues to be adapted to meet new situations and changing circumstances. The role of judges in interpreting legislation and the Constitution is similar. The Constitution is written in more brief and general language than most Acts of Parliament. This is because it is expected to last longer and be able to accommodate changing circumstances. This style leads to a greater range of interpretations. Over the years, the Supreme Court has made decisions which have affected the practical operation of the Constitution.The parliament which is in charge of law making cannot amend each and every law simply because it fast becoming obsolete. Therefore when the law becomes unclear judges cannot simply say itââ¬â¢s unclear and ask the parliament to rectify it. Judges must take the law into their own hands to and interpret the laws to an extent that is reasonable and in the bounds of law and reason thus they should generally accept responsibility of reforming the law in the interests of clarity, efficiency and fairness.Inà Airedale NHS v Bland[4]à the issue was whether it was lawful to stop supplying drugs and artificial feeding to Mr Bland, even though it was known that doing so would mean immediate death for him, several members of the house of lords made it clear that they felt that the case raises ââ¬Ëwholly new moral and social issuesââ¬â¢ and that it should be decided by parliament, nevertheless the court came to a decision in the best of Mr Bands interests. According to William burnet Harvey; ââ¬Å"A judge in laying down a rule to meet these situations is certainly making a new contribution to our law but only within limits usually well defined.If he has to decide upon the authority of natural justice or simply the common sense of the thing he employs the kind of natural justice or common sense which he has absorbed from the study of the law and w hich he believes to be consistent with the general principles of English jurisprudence. â⬠à à It is clear from the above statements that, not only constitutional interpretation, but also statutes have to be interpreted with the changing times and it is here that the creative role of the judge appears, thus the judge clearly contributes to the process of legal development.This is evidence of the power of the courts in their ability to create law through there simple interpretation of the law. However it should be noted that this is not a power readily available such that it can be used at the courts convenience. The above analysis shows how judges can ââ¬Å"makeâ⬠law. However the word make should be used with extreme caution. The above argument is one that can also be used to support the fact that rather than make law, judges simply declare law. According Lord M.R;à ââ¬Å"there is in fact no such thing as judge-made law, for the judges do not make the law, though the frequently have to apply existing law to circumstances as to which is has not previously been authoritatively laid down that such law is applicable[5]. â⬠à à Itââ¬â¢s therefore relevant to establish the reasons as to why some scholars do not agree with the fact that judges do not make law. Why judges do not make law The Constitution provides for a completeà separation of judicial power. This is one limitation on judges because it prevents courts from exercising powers which are not ââ¬Å"judicialâ⬠in character.The constitution of the republic of Uganda provides for that existence of three arms of government, all vested with powers that are in all ways distinct. The parliament by virtue of the constitution is that charged with the duty of making law. The constitution providesà thatà ââ¬Å"except as provided in this constitution, no person or body other than parliament shall have the power to make provisions having the force of law in Uganda except under authority conferred by an Act of parliament[6]â⬠à This is a clear example of the supremacy of parliament.Thus the separation of powers is a political and administrative tool that holds the pillars democracy together. And in a country under the rule of law the judiciary with its well defined limits cannot step into the shoes of the parliament. The constitution is the most supreme law of the land and its prohibition of the other arms of government to make law should be taken seriouslyà thus if the judiciary is exercising such a powerful role, it should be more open to criticism and the contempt power should be used only rarely.Otherwise, it will reflect on the judiciary as a dictator Further theà rules of statutory interpretationà further bar judges from making law. Its generally agreed that in order to interpret statutes judges must use precision based procedural rules. Statutory interpretation employsà the literal rule, the golden rule and the mischief rule. They are guidelines that must be followed in the interpretation statutes. This is meant to reduce the entry of bias or judgeââ¬â¢s discretion which may be unethically motivated.Therefore a judge who formulates a legal principle for the first time does so as an existing part of the law and not as a legislative innovation of his own. In general, principles are identified by showing that they are embedded in the established rules and decisions, The rules of precedent. A precedent is a Legal principle, created by a court decision, which provides an example or authority for judges deciding similar issues later. Precedents are the source of most of judge made law. The common law practically evolved out of precedents.However precedents are bound by rules that limit law making by judges. Decisions of lower courts are not binding on higher courts, although from time to time a higher court will adopt the reasoning and conclusion of a lower court. Decisions by courts of the same level (usually appel late courts) are considered persuasive authority. That is, they should always be carefully considered by the later court but need not be followed. The constitution states that all laws must have a binding effect on all persons and authorities.Precedents in their inability to be binding on courts that is higher than them and applying only a persuasive to courts of the same level dilutes theirà à ability to be termed as laws or have the ability to act like laws. Further to render precedents valid they must be founded in reason and justice; must have been made upon argument, and be the solemn decision of the court; and in order to give them binding effect there must be a current of decisions therefore court judges are not at liberty to exercise their freewill but rather their discretion must pass the test of fairness and reasonability.Conclusion Judicial power involves making binding decisions, affecting the rights and duties of people and institutions, by reference to existing law . Existing law is found in legislation, judicial decisions or common law, and the constitutions. In applying any of these sources of law, judges make law to a limited degree. The term ââ¬Ëlimitedââ¬â¢ should be noted. The power to make law is primarily vested in the parliament and under the constitution judges are under no obligation to make law.However in todayââ¬â¢s world where time is dynamic there is a need to constantly interpret the law to fit the ever changing times. Judges are most paramount at this stage because they cannot send laws back for rectification simply because the times have changed. Itââ¬â¢s up to them to exercise the utmost reasonable discretion and interpret the law in such a manner that is complementary to the current mode of life in so doing making law. Indeed the power to make law is one that is not vested in judges but it cannot be denied that to some extent they actually do make law.Bibliography 1. William Burnett Harvey,à Introduction to th e Legal System in East Africa,à East African Literature Bureau, Kampala, Nairobià à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à 2. Glanville Williamsà Learning the Law 12thà ed. Sweet & Maxwell 2002 pg 111à à à à à à à à à à à à à à à à à à à à 3. The Constitution Of The Republic Of Ugandaà Article 79 4. .Osbornââ¬â¢s concise Law Dictionary, 10thà Edition, Sweet & Maxwell, London. 2005 Pg 238à à à à à à à à à à à à à à à à à à à à à à à à à à à 5.Blackstoneââ¬â¢s Commentaries 69, 70à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à 6. Jacqueline Martin,à The English Legal System, 3rdà Ed. Hodder & Stoughton 2002 pg. 18à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à 7. [1]à Catherine Elliot,à The English Legal Systemà 8thà edition [1]à Osbornes concise law dictionary, 10thà edition, page 236 [2][2]à Blacks law dictionary [3] [4] [5]à Att-General v butterwort. [6]à Article 79, the constitution of the republic of Uganda Do Judges Make Law Introduction A lawà is an obligatory rule of conduct imposed and enforced by the sovereign[1]. Therefore the law is the body of principles recognized and enforced by the state in the application of justice. The law is mainly made by a parliament, a legislative body given power by the constitution to draft law. However in the last few decades there has been a notion that judges make law. A judgeà is a public official appointed or elected to hear and decide legal matters in court[2],à Judges exercise judicial power. This involves making binding decisions affecting the rights and duties of citizens and institutions.In carrying out this task, a judge can use any of the following three sources of Ugandan law, Acts of Parliament or legislation, the common law, or previous decisions by the courts andà a constitution Do judges make law? To ask the question ââ¬Å"do judges make law? â⬠à Implies that perhaps to some extent they do make law. A great deal of controversy has cente red on this question as to how far judges can legitimately make law although a great number such as lord Bentham have referred to it as a ââ¬Å"childish fictionâ⬠thus judges cannot make law.Many other scholars more so those that are followers of the realist school of thought haveà placed absolute emphasis on the discretion of judges and relegated the ââ¬Å"rulesâ⬠to an obscure position. It can however not be denied looking closely at the present legal system that judges have played a dominant role in moulding the doctrines of the present law for example the common law which is also referred to as judge made law. Nevertheless today no informed observer disputes that judges do especially those of the Supreme Court make law. In the same way the likes of lord Denning moulded the doctrines of the law of contract and otherwise.To answer if judge make law lets its crucial to analyse how they do so. The application ofà precedent by judges, whether they are developing the c ommon law (for e. g. in areas such as negligence or murder) is the main mechanism whereby judges make law. Precedents are legal principles, created by a court decision, which provides an example or authority for judges deciding similar issues later. Generally, decisions of higher courts are mandatory precedent on lower courts that is; the principle announced by a higher court must be followed in later cases.Occasionally, judges are called upon to give a ruling or make a decision when faced with a situation for which there seems to be no precedent or any guiding rule. In these circumstances, judges can be said to be formulating original precedent thereby using his own discretion regarding when he thinks rules need to be applied, changed, improved, or abolished. Inà A. G v Butterwort[3]à lord Denning states that; ââ¬Å"It may be in the books, but if this be so all I can say is thatà thee sooner we make it the betterâ⬠.Therefore a judge in using his discretionà the phrase commonly used here is that he decides not on precedent but on principle, the difference is that in one case he is applying a principle illustrated by a previous example, in the other case he is employing a case not previously formulated but consonant with the whole doctrine of law and justice. Further because statutes and common law rules are often too vague and unclear it is often inevitable in ââ¬Å"hard casesâ⬠for a judge to create new law by deciding cases.The decision of courts of justice when exactly in point with a case before the court are generally held to have a binding authority, as well to keep the scale of justice even and steady because the law in that case has been solemnly declared and determined. Judges further make law throughà statutory interpretation. The trend has always been that the legislature makes the law while the judges interpret it. Legislation may sometimes be ambiguous or unclear. When this occurs, a court will need to decide between differen t interpretations of legislation. The common law is judge made law.It has been developed by the courts. It continues to be adapted to meet new situations and changing circumstances. The role of judges in interpreting legislation and the Constitution is similar. The Constitution is written in more brief and general language than most Acts of Parliament. This is because it is expected to last longer and be able to accommodate changing circumstances. This style leads to a greater range of interpretations. Over the years, the Supreme Court has made decisions which have affected the practical operation of the Constitution.The parliament which is in charge of law making cannot amend each and every law simply because it fast becoming obsolete. Therefore when the law becomes unclear judges cannot simply say itââ¬â¢s unclear and ask the parliament to rectify it. Judges must take the law into their own hands to and interpret the laws to an extent that is reasonable and in the bounds of law and reason thus they should generally accept responsibility of reforming the law in the interests of clarity, efficiency and fairness.Inà Airedale NHS v Bland[4]à the issue was whether it was lawful to stop supplying drugs and artificial feeding to Mr Bland, even though it was known that doing so would mean immediate death for him, several members of the house of lords made it clear that they felt that the case raises ââ¬Ëwholly new moral and social issuesââ¬â¢ and that it should be decided by parliament, nevertheless the court came to a decision in the best of Mr Bands interests. According to William burnet Harvey; ââ¬Å"A judge in laying down a rule to meet these situations is certainly making a new contribution to our law but only within limits usually well defined.If he has to decide upon the authority of natural justice or simply the common sense of the thing he employs the kind of natural justice or common sense which he has absorbed from the study of the law and w hich he believes to be consistent with the general principles of English jurisprudence. â⬠à à It is clear from the above statements that, not only constitutional interpretation, but also statutes have to be interpreted with the changing times and it is here that the creative role of the judge appears, thus the judge clearly contributes to the process of legal development.This is evidence of the power of the courts in their ability to create law through there simple interpretation of the law. However it should be noted that this is not a power readily available such that it can be used at the courts convenience. The above analysis shows how judges can ââ¬Å"makeâ⬠law. However the word make should be used with extreme caution. The above argument is one that can also be used to support the fact that rather than make law, judges simply declare law. According Lord M.R;à ââ¬Å"there is in fact no such thing as judge-made law, for the judges do not make the law, though the frequently have to apply existing law to circumstances as to which is has not previously been authoritatively laid down that such law is applicable[5]. â⬠à à Itââ¬â¢s therefore relevant to establish the reasons as to why some scholars do not agree with the fact that judges do not make law. Why judges do not make law The Constitution provides for a completeà separation of judicial power. This is one limitation on judges because it prevents courts from exercising powers which are not ââ¬Å"judicialâ⬠in character.The constitution of the republic of Uganda provides for that existence of three arms of government, all vested with powers that are in all ways distinct. The parliament by virtue of the constitution is that charged with the duty of making law. The constitution providesà thatà ââ¬Å"except as provided in this constitution, no person or body other than parliament shall have the power to make provisions having the force of law in Uganda except under authority conferred by an Act of parliament[6]â⬠à This is a clear example of the supremacy of parliament.Thus the separation of powers is a political and administrative tool that holds the pillars democracy together. And in a country under the rule of law the judiciary with its well defined limits cannot step into the shoes of the parliament. The constitution is the most supreme law of the land and its prohibition of the other arms of government to make law should be taken seriouslyà thus if the judiciary is exercising such a powerful role, it should be more open to criticism and the contempt power should be used only rarely.Otherwise, it will reflect on the judiciary as a dictator Further theà rules of statutory interpretationà further bar judges from making law. Its generally agreed that in order to interpret statutes judges must use precision based procedural rules. Statutory interpretation employsà the literal rule, the golden rule and the mischief rule. They are guidelines that must be followed in the interpretation statutes. This is meant to reduce the entry of bias or judgeââ¬â¢s discretion which may be unethically motivated.Therefore a judge who formulates a legal principle for the first time does so as an existing part of the law and not as a legislative innovation of his own. In general, principles are identified by showing that they are embedded in the established rules and decisions, The rules of precedent. A precedent is a Legal principle, created by a court decision, which provides an example or authority for judges deciding similar issues later. Precedents are the source of most of judge made law. The common law practically evolved out of precedents.However precedents are bound by rules that limit law making by judges. Decisions of lower courts are not binding on higher courts, although from time to time a higher court will adopt the reasoning and conclusion of a lower court. Decisions by courts of the same level (usually appel late courts) are considered persuasive authority. That is, they should always be carefully considered by the later court but need not be followed. The constitution states that all laws must have a binding effect on all persons and authorities.Precedents in their inability to be binding on courts that is higher than them and applying only a persuasive to courts of the same level dilutes theirà à ability to be termed as laws or have the ability to act like laws. Further to render precedents valid they must be founded in reason and justice; must have been made upon argument, and be the solemn decision of the court; and in order to give them binding effect there must be a current of decisions therefore court judges are not at liberty to exercise their freewill but rather their discretion must pass the test of fairness and reasonability.Conclusion Judicial power involves making binding decisions, affecting the rights and duties of people and institutions, by reference to existing law . Existing law is found in legislation, judicial decisions or common law, and the constitutions. In applying any of these sources of law, judges make law to a limited degree. The term ââ¬Ëlimitedââ¬â¢ should be noted. The power to make law is primarily vested in the parliament and under the constitution judges are under no obligation to make law.However in todayââ¬â¢s world where time is dynamic there is a need to constantly interpret the law to fit the ever changing times. Judges are most paramount at this stage because they cannot send laws back for rectification simply because the times have changed. Itââ¬â¢s up to them to exercise the utmost reasonable discretion and interpret the law in such a manner that is complementary to the current mode of life in so doing making law. Indeed the power to make law is one that is not vested in judges but it cannot be denied that to some extent they actually do make law.Bibliography 1. William Burnett Harvey,à Introduction to th e Legal System in East Africa,à East African Literature Bureau, Kampala, Nairobià à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à 2. Glanville Williamsà Learning the Law 12thà ed. Sweet & Maxwell 2002 pg 111à à à à à à à à à à à à à à à à à à à à 3. The Constitution Of The Republic Of Ugandaà Article 79 4. .Osbornââ¬â¢s concise Law Dictionary, 10thà Edition, Sweet & Maxwell, London. 2005 Pg 238à à à à à à à à à à à à à à à à à à à à à à à à à à à 5.Blackstoneââ¬â¢s Commentaries 69, 70à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à 6. Jacqueline Martin,à The English Legal System, 3rdà Ed. Hodder & Stoughton 2002 pg. 18à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à 7. [1]à Catherine Elliot,à The English Legal Systemà 8thà edition [1]à Osbornes concise law dictionary, 10thà edition, page 236 [2][2]à Blacks law dictionary [3] [4] [5]à Att-General v butterwort. [6]à Article 79, the constitution of the republic of Uganda
Thursday, October 10, 2019
Pip grows Essay
Pip grows up as a blacksmiths assistant yet he had always truly wanted to be a ââ¬Ëgentlemanââ¬â¢. He is stunned when he receives a copious amount of money from an unknown source. Pip quickly jumps to the assumption that his new found wealth had been provided by Miss Havisham. He goes to thank her and she carries on leading him down the wrong belief that this wealthy benefactor is her. Pip wishes to become a gentleman and traveled to London to complete his learning. He meets many characters that help him on his way through life. Pip becomes a stuck up snob who cares for nothing but himself and though he believes he is becoming a ââ¬Ëgentlemanââ¬â¢ he is only becoming rude, self obsessed and unable to see clearly once again. His actions were idiotic and lead to his own destruction when he becomes in debt and unable to help himself. He then find out to his surprise that the convict he helped so long ago when he was simply a troubled little boy is his benefactor and not Miss Havisham. I feel it is now that Pip comes to the realization that his images of Estella and Miss Havisham were only illusions and did not tell the truth that lay deeper in their dark hearts and personalities. Pip, however, is still obsessed with Estella and will not admit it because of his pride and snobbery. Miss Havisham repents her cruelty and also allowing Pip to believe she was something that she was not. Miss Havisham wishes for forgiveness and begs it from Pip. He however, he does not give it to her and she dies violently in a fire while Pip is with her in her house. Magwitch is then sentenced to death because of his return to England, Pip and two others then plan to help Magwitch by getting him abroad and out of danger but they fail to save him because they are stopped by the river-police and they find Compeyson onboard. Magwitch and Compeyson fight and struggle Compeyson drowns and Magwitch escapes with brutal injuries. He then dies later in prison and on his death bed tell pip that his daughter and Pip are in love. Magwitchs daughter is Estella. This news hits Pip and he is left alone while he sets up his own business with the very little money he had sense to save. Unfortunately he becomes ill but lucky for him Joe rescues him and pays off his debts. It is now Pips turn to repent his snobby actions and returns to Kent with the hope to marry Biddy. He find out that she is already married to Joe. Pip then goes abroad and returns seven years later only to meet Estella in the ruins of Satis House. It is there that they hint that they will be united. This is The story after his first two life changing encounters. Pip develops his character in many ways, especially in ways that were unexpected as when we first met him he seemed to be a boy who at such a young age had understood the identity of things and was kind and caring even through the hardship so early in his life. This does show that the money he received not only changed him but later helped him to see clearly in the way he had when he was just a young innocent boy. He suffered so much in his life but we as an audience must realise he did bring the majority of it on himself. It was brought through his snobbery and rejection of those that would have always been true to him no matter what and the reality that they did stay true to him. In a twisted way his money, snobbery and later suffering helped him in appreciating his life. If it was not for the late suffering he endured however her would not have redeemed himself and this point is crucial. Although it is hard to believe Miss Havisham and Estella could have experienced true feelings we do see that they learn to have genuine feelings of love and sadness. Miss Havisham shows her feelings with many thanks to Pip. The reason I say this is because when Miss Havisham realises the depth of Pips love for her adopted daughter Estella who she taught to hate and destroy men she remembers her love with Compeyson. She then remembers herself and understands her sins and does the only thing she thinks she can do. She takes responsibility for her actions. Miss Havisham asks for Pipââ¬â¢s forgiveness, helps Herbert Pocket and leaves and fortune to Herbertââ¬â¢s father. All of these self less acts show Miss Havisham, for on last time, became in touch with her feelings that she left behind so long ago. Estella not only show that she has feelings but she is understood as someone similar to Pip. Ignore her disdain and the audience will understand that she too was an orphan and a victim. They share so many similarities yet are separated so much by different positions in both life and society. They both use their surrogate parents to extract revenge from society. Pip uses Magwitch and Estella, of course, uses Miss Havisham. Estella is presented as a hated character because of her lack of care and love but she is to no extent evil she is only living and acting how she thinks she should because of what Miss Havisham taught her. Estella was taught many lessons but not to love. She is honest in admitting this and does not try to deny it. She tells Pip that she will toy with all men but not him and this presents a type of loyalty. I am certain that Estella knew of Pips love for her but she did not love him back because if the simple reason that she did not how to. Estella did show that she had some feelings for Pip when she allowed him to kiss her in their childhood. After her failed marriage I think that She came out of it scared of the world and the things she did not understand like love and I think she was scared of herself because she did not know how top react to situations due to the lack of information she was granted by Miss Havisham when she was young and innocent. Estella was a strong and proud character but she needed to be loved by someone that was not using her to succeed where they did not (Miss Havisham) or to just use her (Drummle). Although this novel was written more than 150 years ago its themes of love, snobbery, suffering and redemption are still relevant today and will still be relevant in another 150 years. I think that Charles Dickens was not ahead of his time when he wrote this, I feel he was at a point in his life were he had realised ââ¬Ëâ⬠¦ the identity of things.. ââ¬Ë for himself. He knew like anyone who reads this book that these characters are not one person they represent so much more than that, society as a whole. Their suffering can be read into and developed more to explain difficulties we, the audience, go through today during our life. I can guarantee you that each and every character and their story will relate to another person in this world today and a person in the future too. Charles Dickens wrote this novel to help us understand what he did. This book is about life and death and all the pieces in between. A griping novel and a book which has one page to relate to a different part of life or a different life all together.
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