What Makes an Act Sexually Perverse

UWI Maurice Layne 620008086LecturerSimeon Mohansingh. CoursePhilosophy of sex and Love. | What makes an act sexually perverse? | | In a recent discussion, the subject of perversion was raised; the question was asked what makes an individual a pervert, or what kinds of acts could be considered perverted? The answers received were numerous to say the least. My first response was paedophilia which I still hold firm to; what follows are a few of the other answers; Bestiality; Homosexuality; Necrophilia; Oral sex (which was hotly debated); and Sexual sado-masochism.The list could continue but let us use this list and ask the question in another way; what makes these acts sexually perverse? What do we mean when we say something is sexually perverse? Is it divergence from what is sexually natural or a departing from what is considered standard morality? If so, what is natural? Who defines morality? The question of sexual perversion is of no little importance, for a start the question raises a number of interesting philosophical issues. Moreover, the issue is not solely of academic interest.Many have been, and many still are, stigmatised by the label ‘sexual pervert'. For them the issue of whether their actions justify this epithet may have a profound effect on their lives. Our purposes here are to simply attempt an answer to the question. We should note, at the start, that the notion of sexual perversion is not a simple descriptive concept. To call someone a pervert is not like calling them a Doctor or a Teacher. It is to denigrate their moral status in some way. Sexual perversion, therefore, is a concept, part of whose content is to carry a negative moral evaluation.The Oxford Dictionaries defines the verb pervert as to alter (something) from its original course, meaning, or state to a distortion or corruption of what was first intended; or to lead (someone) away from what is considered right, natural, or acceptable; and it defines the noun pervert as a person whose sexual behaviour is regarded as abnormal and unacceptable. (â€Å"pervert†. Oxford Dictionaries. 2010) Since sexual perversion is a morally negative concept, it might be thought that one could define it simply as a ‘morally wrong sexual act'.In a similar way, one might attempt a definition of ‘murder’ as a morally wrong human killing. This, however, will not do. The simple reason is that there are many morally wrong sexual acts of a very ‘straight’ kind which, all can agree, are not perversions. For example, an ordinary sexual act may be done by one of the partners in a way that is unkind, deceitful, inconsiderate or cruel, and so morally wrong. Rape and adultery may be examples of this. One would not, on this account, want to call such acts perversions. Though there are some persons who do view rape as a perversion. ) One of the things that makes it hard to get a grip on the concept of perversion (its intension) is that there is strong d isagreement even over its extension. People disagree, for example, over whether homosexuality and masturbation are perversions. Still, let us start with a look at the extension of the concept. Genital sexual activity is of many kinds. The following is a list of categories; these are not necessarily exclusive; no doubt they are not exhaustive either.I give the acts in what seems (to me) to be roughly decreasing in order of ‘naturalness’ (in traditional terms). Heterosexual intercourse in the missionary position (straight sex). Heterosexual intercourse in other positions. Oral sex (cunnilingus, fellatio). Masturbation. Homosexuality. Group sex. Anal sex (buggery, sodomy), heterosexual or homosexual. Voyeurism. Exhibitionism. Frotteurism. Sexual sadism and/or masochism. Paedophilia. Fetishism. Transvestism. Zoophilia (bestiality). Urophilia Necrophilia. Coprophilia.We can be safe in saying that it is highly unlikely that any two people would produce exactly the same orderi ng, my assumption is that there would be general agreement on the rough ordering, at least as to whether something was near the top, middle or end. Where perversion begins on the list is much more contentious, however. Sexual conservatives often draw the line after the first instance. More ‘open minded’ people might draw the line after say group sex. The items listed after group sex may get in on nearly everyone’s list.So what should count as a perversion, and why? Let us start with what is perhaps the best known account of perversion in the contemporary philosophical literature, that of Nagel. I start with it, not because it is close to the truth (I think that it is a long way from this), but because it illustrates clearly a central shortcoming that will keep recurring. â€Å"Nagel proposes that sexual interactions in which each person responds with sexual arousal to noticing the sexual arousal of the other person exhibit the psychology that is natural to human sexuality.In such an encounter, each person becomes aware of himself or herself and the other person as both the subject and the object of their joint sexual experiences. Perverted sexual encounters or events would be those in which this mutual recognition of arousal is absent, and in which a person remains fully a subject of the sexual experience or fully an object. Perversion, then, is a departure from or a truncation of a psychologically â€Å"complete† pattern of arousal and consciousness. † (Soble and Power 2008, 13) It is difficult to do full justice to Nagel’s account in a few words.But for present purposes, let’s hope the following will suffice. According to Nagel, a sexual act is not perverted when it involves two (or maybe more) people; each is sexually aroused by [the other]; each is sexually aroused by [the other's being sexually aroused]; each is sexually aroused by [the other's being sexually aroused by the other's being sexually aroused]; a nd maybe so on ad infinitum. Any other sexual act is perverted. Now, one problem with Nagel's account is that it draws the line in a very strange place.Homosexuality, sadomasochism and paedophilia may all be non-perverted if done in the right way; whilst masturbation, rape and even straight sex of a very bored kind – e. g. , by a prostitute, or an uptown wife who during the act of coitus is thinking of travelling to Manhattan for ‘black Friday’ as perverted. Granted, any division is going to be contentious, but this classification is just too counter-intuitive: no one (unless in the grip of Nagel’s account) would divide things up in this way?The more important failing of Nagel's account is that if this is what sexual perversion is, there is absolutely no reason why perversion should be a morally loaded concept. There is nothing in itself immoral about being aroused by someone who is not them self aroused. Maybe it is more exciting, more complete, or fulfil ling, if they are; but it is hardly wrong if they are not. A more plausible and, in fact, more common account of perversion is that perverted acts are those that are unnatural. This is not a bad start, but it does not get us very far until we have said what ‘natural’ is to be taken to mean here.For the notion of naturalness is a very slippery one indeed. What, then, is the natural in this context? â€Å"Natural sexual acts, to provide merely a broad definition, are those acts that either flow naturally from human sexual nature, or at least do not frustrate or counteract sexual tendencies that flow naturally from human sexual desire. † (Soble and Power 2008, 11) An obvious suggestion is that what is natural is what happens in nature. But such a suggestion would rob the notion of perversion of all content. People are, after all, part of nature. Hence, nothing they do is unnatural in this sense.A fortiori there would be no perversions. It makes a bit more sense to s uppose that the natural is what happens in non human nature. This would draw the line in a very odd place, however. It makes paedophilia, masturbation, homosexuality, and bestiality (or at least intercourse with a different species) natural, while at the same time making straight sex unnatural. Given that then one might want to redefine what straight sex equates to in non human animals. Another suggestion as to what ‘unnatural’ means here is simply unusual (abnormal) in the statistical sense. Goldman 1977) It should be noted that the frequencies of various sexual practices like, homosexuality and paedophilia vary from society to society. Hence, perversion, on this account, becomes a socially relative concept. With ‘natural’ interpreted in this way, the definition of perversion has two major problems. Perversion does not seem to be linked to statistics in the way it requires. If bestiality became very common, for example, it would not cease to be a perversio n. There would just be more perverts around.More importantly, there is no reason why something that is unusual statistically should be morally bad; merely consider heroism, having an IQ of 200 or higher or being able to make love for 3. 5 hours without a break. In the context of the definition of perversion, Donald Levy takes an unnatural act to be one that denies someone a basic human good, such as life, health, control of mind or body, or the capacity to know or love (without providing some other basic human good in compensation). (Velasquez 2010, 454) This account at least has the advantage that it becomes clear why perversion is morally wrong.Its failings are rather different. According to this, virtually nothing that is traditionally counted as perversion is a perversion. None of homosexuality, buggery, sadomasochism would seem to fall into this category. Moreover, those sexual acts that involve the individual alone (masturbation, fetishism, transvestism, bestiality and necroph ilia) would not seem to require the actor to deny anyone including him or herself anything. We noted a certain amount of flexibility as to what one might classify as a perversion, but this flexibility hardly extends to ruling out paradigm cases wholesale.It would seem that for Levy Paedophilia and Rape would be the only activities that could or would count as sexual perversion. Another suggestion, as to what ‘natural' means in the context of perversion is this. It is often said that biological processes have some well-defined goal or function. What is natural is using the process for that function; what is unnatural is using it for something else. That this suggestion is on the right lines is supported by the following considerations. We speak of things other than sexual acts as being perverted.For example, we speak of someone perverting the course of justice. In such a case, it is clear that what this amounts to is the person using the judicial process for something other tha n its proper end. Thus, perversion in general is using something for other than its proper end as a matter of fact, as stated earlier this is how the Oxford English Dictionary defines the verb ‘to pervert' and sexual perversion, in particular, is using sex for something other than its proper end. Were doing well so far right? But what exactly is the proper end of sex?A common view, most strongly represented in traditional Catholic pronouncements, has it that the function of sex is reproduction. â€Å"Based upon a comparison of the sexuality of humans and the sexuality of lower animals (mammals, in particular), Aquinas concludes that what is natural in human sexuality is the impulse to engage in heterosexual coitus. Heterosexual coitus is the mechanism designed by the Christian God to insure the preservation of animal species, including humans, and hence engaging in this activity is the primary natural expression of human sexual nature.Further, this God designed each of the pa rts of the human body to carry out specific functions, and on Aquinas’s view God designed the male penis to implant sperm into the female’s vagina for the purpose of effecting procreation. It follows, for Aquinas that depositing the sperm elsewhere than inside a human female’s vagina is unnatural: it is a violation of God’s design, contrary to the nature of things as established by God. For this reason alone, on Aquinas’s view, such activities are immoral, a grave offense to the sagacious plan of the Almighty. (Soble and Power 2008, 12) Reproduction here is interpreted as conception. Therefore, any sexual act that cannot result in conception is a perversion which clearly draws the line very high up on the list. † If this view is right, the orthodox Catholic Church has drawn the correct conclusions concerning masturbation and homosexuality; contraception, too, makes sex perverted. But the definition also makes many sorts of straight sex perver ted: sex for an infertile male known to be infertile; sex for a woman after menopause or a hysterectomy; sex during the so called ‘safe period' of a woman’s menstrual cycle.It would appear that orthodox Catholic thinking has not been consistent in these areas, since it does not condemn such acts; though some of the church fathers such as Augustine did in a roundabout way. â€Å"Sexual intercourse with lower animals (bestiality), sexual activity with members of one’s own sex (homosexuality), and masturbation, for Aquinas, are unnatural sexual acts and are immoral exactly for that reason. If they are committed intentionally, according to one’s will, they deliberately disrupt the natural order of the world as created by God and which God commanded to be respected†¦In none of these activities is there any possibility of procreation, and the sexual and other organs are used, or misused, for purposes other than that for which they were designed. Although A quinas does not say so explicitly, but only hints in this direction, it follows from his philosophy of sexuality that fellatio, even when engaged in by heterosexuals, is also perverted and morally wrong. At least in those cases in which orgasm occurs by means of this act, the sperm is not being placed where it should be placed and procreation is therefore not possible.If the penis entering the vagina is the paradigmatic natural act, then any other combination of anatomical connections will be unnatural and hence immoral; for example, the penis, mouth, or fingers entering the anus. Note that Aquinas’s criterion of the natural that the sexual act must be procreative in form, and hence must involve a penis inserted into a vagina, makes no mention of human psychology. Aquinas’s line of thought yields an anatomical criterion of natural and perverted sex that refers only to bodily organs and what they might accomplish physiologically and to where they are, or are not, put in relation to each other. (Soble and Power 2008, 12-13) If this is the case what is the rationale for the clitoris being positioned the way it is? At any rate, any account of perversion according to which straight sex between a loving couple at the tender age of 60 years, who have been happily married for over 40 years, is a perversion, in my humble opinion must be wrong. It is plausible to suppose that what makes this account of perversion wrong is its identification of reproduction with conception. There is, after all, a lot more to reproduction than conception. In particular, there is gestation, birth, the rearing and education of children, and so on.And sex may have important biological functions in these areas too. To begin with, a secure family is usually reckoned to be important in the upbringing of children. And one factor making for a secure family is a happy and fulfilling sexual life between the adult partners. Hence, a function of sex could be for two people each to give the other pleasure. In this case, only those forms of sexual activity that involve just one person could be perverted. More generally, a stable and functioning society is necessary for the reproduction of people. An important role of sex might be to help people to live together and cooperate.And who knows what sexual practices might serve that end? Without a lot more socio-biological research, it is highly unlikely near an impossibility to say what constitutes a perversion on this account probably very little.

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For example, the introduction of sound and visuals in dinner events that attract more customers and recruitment of highly trained employees that provides quality services.                   The Hard Rock has improved its  SERVICE by adding unique services that cannot be found in any other place in the world such as music on both quality visual and sounds. They serve food with enthusiasm on their customers (Heizer, & Render, 2013). Question 3 -123825158750Introduction Growth Maturity Decline Standardization Less rapid product changes – more minor changes Optimum capacity Increasing stability of process Long production runs Product improvement and cost cutting Little product differentiation Cost minimization Overcapacity in the industry Prune line to eliminate items not returning good margin Reduce capacity Forecasting critical Product and process reliability Competitive product improvements and options Increase capacity Shift toward product focused Enhance distribution Product design and development critical Frequent product and process design changes Short production runs High production costs Limited models Attention to quality Best period to increase market share R&D product engineering critical Practical to change price or quality image Strengthen niche Cost control critical Poor time to change image, price, or quality Competitive costs become critical Defend market position OM Strategy/Issues Company Strategy/Issues HDTV CD-ROM Color copiers Drive-thru restaurants Fax machines Station wagons Sales 3 1/2† Floppy disks Internet 00Introduction Growth Maturity Decline Standardization Less rapid product changes – more minor changes Optimum capacity Increasing stability of process Long production runs Product improvement and cost cutting Little product differentiation Cost minimization Overcapacity in the industry Prune line to eliminate items not returning good margin Reduce capacity Forecasting critical Product and process reliability Competitive product improvements and options Increase capacity Shift toward product focused Enhance distribution Product design and development critical Frequent product and process design changes Short production runs High production costs Limited models Attention to quality Best period to increase market share R&D product engineering critical Practical to change price or quality image Strengthen niche Cost control critical Poor time to change image, price, or quality Competitive costs become critical Defend market position OM Strategy/Issues Company Strategy/Issues HDTV CD-ROM Color copiers Drive-thru restaurants Fax machines Station wagons Sales 3 1/2† Floppy disks Internet                   The company is still in the growth stage but approaching maturity. This is from the fact that Hard Rock is trying to change its products from beef and Hamburger to lobster and fish, it can be noted that it is trying to improve its products in order to increase its competitiveness. The company is still forecasting on its future market where it want to change from tourists-dependent market to non-tourism dependent market (Heizer, & Render, 2013). The cafe has products that are reliable with little improvement. Reference Heizer, J., & Render, B. (2013). Principles of operation ,management: Sustainability and supply chain management. Pearson Source document

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Milton's test - Essay Example The fate of man changed into a nature of uncertainty. While it was Satan who caused the deviance, man is justifiably and inevitably coursed to take on his new fate; and this new fate becomes a responsibility of choosing between good and evil as a result of a now emerging free will. In creating man, God gave him a free will; but, on the other hand, man is free to fall. Man is entitled to punishment to his sins which are attached to his free fall. This then poses a question on God’s merciful intentions: if man is not responsible for the fall as it was based on free will, how can he be subject to punishment? However, if God inclines the will of man to moral good or evil according to his own pleasures, and then rewards the good and punishes the evil disparity is also caused. It is then from this supposition that divine justice is founded on. Milton emphasizes what Genesis describes about a sinful fate and nature of man as well as the consequences that this development brings: â₠¬Å"Farewel happy Fields Where Joy for ever dwells: Hail horrours, hail infernal world† (9). In the preceding line, Milton shortly chronicles the partial end of â€Å"absolute† happiness of mankind. ... It is true that if man had not fallen then there would be no need of Christ the Savior. This also means that there would be no redemption which is God’s plan of restoring man. The process of redemption of man began when Christ died for man. Even though man will have to suffer consequences, he will have God’s grace and mercy. This is ironical, because it’s God who created man a perfect human being and then later punishes man for fulfilling his purpose. In his poem, Milton states: â€Å"If not deprav’d from good, created all Such to perfection, one first matter all, Indu’d with various forms, various degrees Of substance, and in things that live, of life (85). This can only be justified if punishing man was one of the plans of God. However, it is significant to note that the good resulting from the fall surpasses the consequences of the original sin, hence the fall can be said to be fortunate to man. Furthermore, there is a significant incongruence o f Milton’s account of the Fall of Man as compared to that stated in the Bible: â€Å"Which hee, who comes thy Saviour, shall recure, not by destroying SATAN, but his works† (208). In the preceding passage, Milton is trying to say that Jesus will only end the bad works of Satan, but not Satan himself. This is quite Biblically intriguing in that in Revelation Satan will be destroyed forever, which obviously would include his bad deeds. Milton through Satan’s declamations shows Satan’s idea of free will as a facade. God carefully manipulates Satan to accomplish his plan of Adam and Eve’s fall. While speaking, Satan mistakably introduces doubtful thoughts in the minds of the reader in the sense that his or her will is free. Satan aims at proving that God

Literature Review on Digital Economy Essay Example | Topics and Well Written Essays - 2250 words

Literature Review on Digital Economy - Essay Example Experts report that during the time of introduction of this tool to the world, policymakers explored the possibility of IT making a large impact, but in vain. This failure of IT became reinforced again in the 1990s, when IT began to revolutionize the world economy but again plunged into disaster with the â€Å"dot-bomb† implosion, the 2001 recession, and the NASDAQ collapse. These disasters have led to experts and policymakers forfeit confidence in the concept of IT and digital revolution. Nicholas Carr (2003, pp. 10) evaluated this technological tool by claiming that the improvements that it had the potential to bring about had either already been introduced, or were in the process. This statement represented the prevailing view of IT at that time, as people had started considering it insignificant for individual firms as well as the overall economy. This conclusion was a premature and incorrect one; as the technology went on to completely revolutionize the economy much more than initial prediction. This literature review aims to analyze the reasons behind this faltering confidence during these times. As one can observe in the world today, digital development in the economy is at a level that far exceeds earlier forecasts. However, contrary to predictions, this revolution has not come about due to a rise in e-commerce and other internet-related phenomenon. Instead, the main factor behind this revolution was the way people have managed to adopt IT in almost every aspect of life, inside as well as outside work. This digitally enabled economy was then able to achieve immense growth and prosperity in every aspect: education, business, trade, as well as monetary policy. One large factor behind this accelerated growth was the investment that firms made in software, hardware, as well as services related to IT and communications. It boosted productivity up to five times more than other capital such as buildings and plants could. The large role of IT in this major economic development i s apparent in the fact that sixty-seven percent of total factor productivity growth during the period of 1995 and 2002 was due to IT implementation in the US (Jorgenson et al, 2005). It also boosted the labor productivity in developing nations, and it is considered the main driver behind innovation and productivity growth in the recent years. Despite the major contributions of IT to the economy, not much research has gone into exploring the depths of this contribution. Through this literature review, we attempt to carry out this exploration. More specifically, we will be looking into the contributions of IT in ‘improving the quality of goods and services. A common misconception is that the scope of digital economy is limited to e-commerce. Its actual scope includes all applications of technology in the economy, including that of hardware, applications, and telecommunications. Each of these tools of IT has important applications in areas such as intercompany transactions, data management, internal processes in organizations and vendor-customer relations. These benefits apply to firms regardless of whether they belong to the public sector or the private sector. The revolution to the economy that information technology has brought about is comparable to the revolution that hardened steel brought to the industries a century ago, when it taught them how to construct steel tools that helped boost productivity immensely. Furthermore, it is difficult to grasp the true pervasiveness of IT in the world. It not only exists in technological

Others vs. leaders Essay Example for Free

Others vs. leaders Essay To further test why there was a difference in the above results, t-test was further conducted between the two groups to identify the items where there are possible differences between the two groups under study. B. 1. Leadership, Item 1: There was no significant difference between the Leadership mean scores of the Others Group and the Leaders Group. This means that as far as the Leadership indicators were concerned the two groups could be considered as belonging to the same population, Table 4. Table 4. T-Test Results of Leadership Mean Scores of the Others Group and the Leaders Group Variables Others Leaders t-test Significance. Leadership 3. 805 4. 186 -1. 68 p=0. 10n. s. n. s. = not significant (accept hypothesis: mean scores of others = leaders) * significant at 1% level (reject null hypothesis) This implied that although the respondents belonged to different echelons in the organization studied, as far as the Leadership, Item 1, measures are concerned; the Junior Officers and the Senior Officers perform at the same level. B. 2. Strategic Planning, Item 2: The t-test showed there was no significant difference between mean scores of the two groups suggesting uniformity in perception as far as the indicators of strategic planning were concerned, Table 5. Table 5. T-Test Results of Strategic Planning Mean Scores of the Others Group and the Leaders Group Variables Others Leaders t-test Significance Strategic Planning 3. 852 4. 19 -1. 13 p=0. 265n. s. n. s. = not significant (accept hypothesis: mean scores of others = leaders) * significant at 1% level (reject null hypothesis) B. 3. Customer and Market Focus, Item 3: The t-test on comparing the mean scores of the Others Group and the Leaders Group showed a significant difference between the two groups with the Leaders Group considerably had higher mean score, Table 6. Table 6. T-Test Results of Customer and Market Focus Mean Scores of the Others Group and the Leaders Group Variables Others Leaders t-test Significance Customer and Market Focus 2. 708 3. 143 -2. 09 p=0. 043 * n. s. = not significant (accept hypothesis: mean scores of others = leaders) * significant at 1% level (reject null hypothesis) B. 4. Measurement, Analyses and Knowledge Management, Item 4: There is no significant difference between the Measurement, Analyses, and Knowledge Management mean scores of the Others Group and the Leaders Group, Table 7. Table 7. T-Test Results of Measurement, Analyses, and Knowledge Management Mean Scores of the Others Group and the Leaders Group Variables Others Leaders t-test Significance Measurement, Analyses, and Knowledge Management 3. 795 3. 531 0. 64 p=0. 527n. s. n. s. = not significant (accept hypothesis: mean scores of others = leaders) * significant at 1% level (reject null hypothesis) B. 5. Human Resource Focus, Item 5: There is no significant difference between the Human Resource Focus mean scores of the Others Group and the Leaders Group, Table 8. Table 8. T-Test Results of Human Resource Focus Mean Scores of the Others Group and the Leaders Group Variables Others Leaders t-test Significance Human Resource Focus 3. 217 3. 35 -0. 55 p=0. 587n. s. n. s. = not significant (accept hypothesis: mean scores of others = leaders) * significant at 1% level (reject null hypothesis) B. 6. Process Management, Item 6: There is no significant difference between the Process Management mean scores of the Others Group and the Leaders Group. Table 9. T-Test Results of Process Management Mean Scores of the Others Group and the Leaders Group Variables Others Leaders t-test Significance. Process Management 3. 772 3. 819 -0. 24 p=0. 813n. s. n. s. = not significant (accept hypothesis: mean scores of others = leaders) * significant at 1% level (reject null hypothesis) B. 7. Business Results, Item 7: There is significant difference between the Business Results mean scores of the Others Group and the Leaders Group. The Others and the Leaders Group differed in their responses for Business Results. The Leaders Group had higher responses for these types of questions, Table 10. Table 10. T-Test Results of Business Results Mean Scores of the Others Group and the Leaders Group. Variables Others Leaders t-test Significance Business Results 2. 245 2. 926 -2. 23 p=0. 031* n. s. = not significant (accept hypothesis: mean scores of others = leaders) * significant at 1% level (reject null hypothesis) B. 8. Implications of the t-test Results The t-test conducted revealed significant difference between the two groups on two items, namely Customer and Market Focus, Item 3 and Business Results, Item 7. According to the Baldrige Criteria, the Customer and Market Focus Category, Item 3, â€Å"examines how the organization determines requirements, needs, expectations, and preferences of customers and markets. Also examined is how the organization builds relationships with customers and determines the Key Factors that lead to customer acquisition and satisfaction, loyalty and retention, and to business expansion and sustainability. † We take note that this concern is a concern essentially external to the organization but defines the rationale or importance of the organization to the bigger society through which the organization was dedicated in serving. In the military service, the â€Å"customer and market† are presumably not only the men and women in the service but the public at large and all its agencies. It could be expected that the top echelon of the military leadership surveyed in the study were concerned not only with how the organization works but whether the expectations of its function to serve the public at large were being met. Another item which showed significant difference with the Leaders Group scoring higher than the Others Groups is Business Results, Item 7. Based from the Baldrige indicators, this item is customer-oriented and measures performance geared at satisfying the â€Å"customer† as well as performance in the â€Å"marketplace†. In other words, this item is concerned with results which would accomplish the mandate or mission of the organization. Again, we take note that this item is external to the organization which leads us to a possible explanation for such a result. The differences between the two groups suggested that there was a sort of a transformation in perception of officers as they go up in the hierarchy. This support the earlier observation that positions in the organization may have its own requirements given its functions which shape the perception or point of view of those occupying such positions. C. Excerpt from the Correlation Matrix for the Leaders Group To further probe into the nature of the difference of point of views or priorities between the two groups, cross-correlation between the items were conducted on the Leader Group. The results revealed a negative or inverse correlation between Strategic Planning, Item 2, and Customer Market Focus, Item 3; whereas, a positive correlation between Strategic Planning, Item 2 and Process Management, Item 6, Table 11. Table 11. Excerpt from the Correlation Matrix for Leaders Strategic Planning Item 2. Customer and Market Focus, Item 3 -0. 811 0. 027 Process Management, Item 6 0. 955 0. 001 Cell Contents: Pearson correlation p-Value These results further showed us some trends which were not shown in the cross correlation test conducted for the Others Group. That is, for leaders in key positions, the concern is satisfying the goals and achieving the results and the details like strategy become a lesser concern. Arguably, the top echelon of the military leadership has the whole organization working under its wings which would deliver and perform. Specifics, then have to be largely delegated to the Junior Officers. The positive correlation between strategy and process management suggested that top leadership in the case of the respondents surveyed in this study, likewise did not bother much with the details of certain processes possibly as in the case of strategy relegating the meticulous tasks to Junior Officers. Again, this supported the previous trend of position based perspectives suggesting opposing point views may be due to position occupied.

Essay Dramatistic Analysis on Breaking Bad Essay Example for Free

Essay Dramatistic Analysis on Breaking Bad Essay Cady is going to encounter psychological struggle and unwritten social rules that teenage girls face today. Through the Marxist perspective, the movie will be analyzed in order to show how sometimes the pull to conform to hegemony is so important that we have no choice that letting us be dragged to respect the established hierarchy. Mean Girls is an excellent artifact, worthy of investigation in the way that it shows how we expect teenage girls to act, but also how difficult it is for them to refrain from acting that way. When using the Marxist perspective, we begin by identifying the subject positions, as models or anti-models. Mean Girls provides clear subject positions about the models – characters that viewers are encouraged to want to be like, and the anti-models – characters that viewers are encouraged to no want to be like. Thus, the models appear to be â€Å"The Plastics†, a group composed of the three teenage girls Regina George, Gretchen Wieners and Karen Smith. By analyzing â€Å"The Plastics†, it seems like teenage girls need to follow a specific pattern in order to be popular. That is to say, on a physical standpoint, teenage girls need to be thin, pretty, and wear tight and revealing clothes, while on a behavioral standpoint, they spend their time gossiping, partying, dating, and talking about boys, rather than focusing on their academic success. On top of the hierarchy is Regina George, and the two other â€Å"Plastics† are her subordinate. On the contrary, the anti-models, challenging the status quo and considered as abnormal or undesirable are represented by Janice and Damien. Both of them are belonging to the oppressed group, or the group that is considered as â€Å"inferior† and â€Å"subordinate† to the dominant group. Mean Girls depicts how easy it is for a dominant group (â€Å"The Plastics†) to impose its ideology on other groups. The interests of the empowered group are then promoting as being natural. Indeed, in Mean Girls, the dominant social group keeps the control over the other groups because nobody dares challenging the authority claimed by â€Å"The Plastic†. â€Å"The Plastics† keep their status quo by oppressing and manipulating the other subordinate groups. They dictate how things should be. The positive power of popularity combined with the negative disempowerment of being unpopular and rejected ultimately reinforces hegemony. That is to say, those who are popular are empowered even if popularity is just a facade for these teenage girls, and those who are not popular are disempowered. By focusing on Cady Heron, and observing how from an innocent teenage girl, she becomes a terrible â€Å"Plastic†, we can deduce that once accepted by the dominant group, people have trouble in seeing the flaws and drawbacks of the hegemony they are in. In order for them to be aware of it, they have to become a member of the subordinate group. Only the anti-models characters are able to see how wrong is the hierarchy they live in, and are willing to change it in order to create a more equal system. Mean Girls proposed both a preferred and an oppositional view on the hegemony. Indeed, from the beginning to the middle of the movie, Mean Girls brings a preferred reading with Cady altering her original beliefs, joining the dominant group and becoming a â€Å"Plastic†. Cady’s desire to respect conformity can be explained by a need to fit in and avoid ridicule. As a consequence, the viewers, siding with her, support the status quo. On the other hand, from the middle to the end of the movie, Mean Girls gives an oppositional reading by considering that â€Å"The Plastics† ought not to be empowered, in order to have a more equal system. Indeed, by the middle of the movie, Cady understands that her destructive behavior made her loose her two closest friends (Janice and Damien). She also realizes she needs to stop acting like a â€Å"Plastic† and to categorize people according to superficial traits, and that she should start considering people according to different characteristics (intelligence over beauty for example). As a consequence, Cady, desirous of putting things right, starts to think how she could readjust the hegemony around her. Thus, she considers destroying the hegemony reigning at school in order to challenge the status quo. At that time, the movie gives the viewers an oppositional reading rejecting the hegemony. In spite of the casualty and frivolity of the topic addressed (teenage girls movie), Mean Girls is still interesting to study because it gives us some interesting and engaging acumen into Marxist perspective and hegemony. Mean Girls shows us how hard it is to resist hegemony when everyone else is subjected to it. Mean Girls also makes viewers being more critical about how hegemony is reproduced in regular patterns of life, like the passage in high school for example.

Walmart the functions of an organisation Marketing Essay

Walmart the functions of an organisation Marketing Essay Marketing is one the functions of an organisation that most connects an organisation to its environment. It maintains relations with the customers. It also involves satisfying needs of the customers. It incorporates hoe a business should be conducted and a set of values and processes that are put into practice(Naylor, 2004, p.525). According to Kotler Marketing can be defined as a nodal and managerial process by which individuals and groups obtain what they need and want through creating and exchanging products and value with others (Kotler et al., 1999, p.10).The key ideas in this definition are needs, wants and demands, value and satisfaction, exchange, transactions and relationships and markets. The American marketing association defines marketing as a process of planning and executing the conception, pricing, promotion and distribution of ideas, goods and services to create changes that satisfy individual and organisational goals (Kotler, 2002, p.4). There are numerous theories t hat are part of marketing as a subject. This essay aims at identifying the key concepts of marketing and how are these concepts can be studied and applied to a functioning of an organisation which is Walmart in this case. Walmart is an American public corporation that operates a chain of large discount department stores and a chain of warehouse stores.. The company was founded by Sam Walton in 1962. It is publically traded on New York Stock Exchange. The company is the largest private employer with approximately 2.1 million employees. It operates in Argentina, Brazil, Canada, China, Costa Rica, El Salvador, Guatemala, Honduras, Japan, Mexico, Nicaragua, Puerto Rico and the United Kingdom and, through a joint venture, in India. Walmart became an international company in 1991 when it opened its first Sams Club near Mexico City. Two major concepts of marketing are the market orientation a firm has and the marketing mix it follows. Wal-Mart has its own market orientation and a marketing mix that it has adopted. Market orientation is an approach that a business has to run its operations and achieve its organisational objectives. These are the different ways that a business approaches its customers and determines how an organisation carries out its marketing activities. They guide the marketing efforts of an organisation. The different marketing orientations are as follows: 1.Production: Production oriented firm focuses on large scale production of goods that can be made widely available. It also focuses on efficiency issues. There is little focus on customer needs and their wants. It is based on the Says law which says Supply creates its own demand. 2.Product: A product oriented firm focuses on the quality and features of the product. It assumes that the customers want the best quality products for their money. Continuous improvement and refinement of products is also a very important factor. 3.Selling : In this market orientation the main focus is on selling and promotion of the products. It is assumed that good marketing efforts will persuade enough customers to buy the product. It tends to ignore what the customers really want or need. 4.Marketing : It is an approach which keeps customers at the centre. It involves doing a market research and identifying the needs of the consumers and thus making products that satisfy the consumer needs in the best and most efficient way. It is assumed that identifying the customer needs gives a firm a sustainable competitive advantage. 5. Socially Responsible Marketing: It involves responding to the ethical issues in a society. It is related to the corporate social responsibility of a business. It informs consumers of the various contributions that the business is making towards the society and makes a good image of the business as a whole. Different businesses have different market orientations. The two most important aspects of Wal-Marts market orientation are product and market. Wal-Mart offers a huge variety of products. Their aim is to satisfy almost every possible need that might arise. Wal-Mart is not a store for people from a specific age group or income group. In fact it serves people from every age group and income level. Wal-Mart also works with its suppliers and uses a testing laboratory called a consumers testing lab. It runs test on food items, clothing ,electronics etc. By doing this it ensures that the goods it delivers to its customers are of highest quality. The second aspect of its market orientation is Marketing. Wal-Mart uses detailed market research and customer segmentation to better deliver against the customer needs. Wal-Marts ability to recognise changes in the retailing industry has given it a huge advantage over its competitors. This has only been possible because of the intensive market research it undertakes before making any strategic decision. Before making any promotional strategy they measure the return on investment. They evaluate everything such as how many customers will see the advertisement, how many will react to it, how many will actually buy the product. They have huge customer data and sales data. They even share the sales data with their suppliers in order to keep the most popular items stocked and to persuade its suppliers to supply goods which are most popular among the consumers. So it changes itself according to the customer needs and sell products which customers want and not what it has to sell. It also pr omotes relationship marketing and uses one to one relationship marketing tactics. For e.g. a person greeted every customer who came in and said goodbye to each person who left. Wal-Mart has always closely observed its market using different research methods and has always successfully anticipated the change in consumer tastes and preferences and changed itself accordingly so it always keeps its customers at the centre. Another important theory of marketing management is the marketing mix. Marketing mix is the set of marketing tools that a firm uses to achieve its marketing objectives in a specific target market. The tools can be classified into four categories namely Price, Place Promotion and Product and are referred to as the 4 Ps. Price and advertising costs etc. can be altered in the short run but elements such as product and the distribution channel can only be changed in the long run. .( Kotler, 2002, p.9 )These variables affect the level of demand for a firms products. It is a combination of these tools that are used to satisfy consumer and company objectives. The four variables can be explained as follows: 1. Price: Price is an important factor in the marketing mix when the products are not bad. People want to use money thoughtfully and want maximum utility out of their income. Discounts, allowances, payment terms and credit are some of the tools used to attract customers. 2.Product: Product is the top priority in the marketing mix. Some of the strategies that firms may use are quality, design , features, packaging and warranties etc. Using these tools a company can differentiate its products from its competitors. 3.Place: The place element is becoming more important these days. Big retailers make it more convenient for people to buy everything. Locations, inventory and transport etc are areas that are important for a business. 4.Promotion: People should know about the products of a company. Effective way to advertise the products necessary. Sales promotion, sales force ,direct marketing and public relations are some examples that come under promotion aspect of the marketing mix. We can relate these 4 Ps with different strategies that Wal-Mart adopts. Price is the most important factor for Wal-Marts marketing mix and is the winning formula for the company. The company has build an image over the years that its name has become a synonym to low prices. The mission of the company is to provide cheapest prices in the market. It is because of its such low prices that it has been able to serve and fulfil the needs of millions of customers. Wal-Mart has the best and the most convenient store locations which its competitors find difficult to beat. This is due to the extensive market research it does before expanding into a new area. Also the stores are strategically located to gain efficiency in storage and transportation of its goods. However the company has saturated the local markets and now has plans to extend its operations in many foreign countries. As Wal-Mart offers variety of products for every segment of the market it ensures that its customers get the high est quality products. Some products are sold under its own brand whereas some other from other companies. Wal-Mart often comes up with packaging techniques that help reduce the cost of the goods sold. Now the company is trying to attract more affluent customers by launching new Metro 7 Stalls which offer jewellery and other expensive items in 1500 different stores. (source: http://walmartstores.com/pressroom/news/5721.aspx). Coming to promotion the most notable strategy that the company uses is public relations by taking parts in charitable events. It started health plans starting from $23 and also advertised itself as the largest employer. All these strategies have helped Wal-Mart emerge as the market leader in the retail sector and the key factors being low prices, more customer service and constant innovation in the business.

Byrons Depression Reflected in Manfred Essay -- Depression Manfred E

Byron's Swiss tour and Manfred hit close to home for me. Not because I have traveled Switzerland, but because at one time in my life, I also experienced feelings of alienation and hopelessness. Therefore, I was quite intrigued by Dr Miall's notion of trauma in Manfred. I think he makes a compelling argument, especially when he pairs the notion of trauma with Freud's theory on the causes of trauma, but I do not necessarily agree with him entirely. While Dr Miall's theory is sound, I do not think his definition of trauma is clearly defined. I think a better, but not nearly as interesting theory, is that of depression. Although the symptoms of both psychological disorders are almost indistinguishable, their sources are quite different. I will distinguish the differences and sources between posttraumatic stress disorder and depression. Then I will try to show how Byron suffers from depression, not the result of trauma. Trauma is "[a] psychic injury, esp. one caused by emotional shock the memory of which is repressed and remains unhealed; an internal injury, esp. to the brain, which may result in a behavioural disorder of organic origin. Also, the state or condition so caused" ("trauma," def. 2a). Trauma is often the cause of posttraumatic stress disorder, which although is not defined in Dr Miall's notes, did however come up in class. Posttraumatic stress disorder "involves enduring psychological disturbance attributed to the experience of a major traumatic event" (Weiten 544). By looking at that definition, Dr Miall's theory does apply; however, Weiten's textbook reveals that the types of trauma that lead to posttraumatic stress disorder, from the most prevalent to the least, for men (since the discussion is about Byron) are: w... ...ces of trauma and the sources of depression. Both lead to the same symptoms, but I think depression better represents Byron's state of mind. Freud's theory on trauma can work if one sees Manfred/Byron suffering from trauma, but it does not work if one sees him as suffering from depression. I must admit that I am biased in my conclusion. I am drawn to my theory based on my own personal experiences. Works Cited Byron, George Gordon. Manfred. Romanticism: An Anthology. 2nd ed. Ed. Duncan Wu. Malden, Massachusetts: Blackwell, 1998. 718-751. "trauma." Def. 2a. The Oxford English Dictionary Online. 1989. Oxford English Dictionary. 2nd ed. University of Alberta Library. Edmonton, Alberta. 3 April 2005. http://dictionary.oed.com.login.ezproxy.library.ualberta.ca/. Weiten, Wayne. Psychology: Themes and Variations. 5th ed. Toronto, Ontario: Wadsworth, 2001. Byron's Depression Reflected in Manfred Essay -- Depression Manfred E Byron's Swiss tour and Manfred hit close to home for me. Not because I have traveled Switzerland, but because at one time in my life, I also experienced feelings of alienation and hopelessness. Therefore, I was quite intrigued by Dr Miall's notion of trauma in Manfred. I think he makes a compelling argument, especially when he pairs the notion of trauma with Freud's theory on the causes of trauma, but I do not necessarily agree with him entirely. While Dr Miall's theory is sound, I do not think his definition of trauma is clearly defined. I think a better, but not nearly as interesting theory, is that of depression. Although the symptoms of both psychological disorders are almost indistinguishable, their sources are quite different. I will distinguish the differences and sources between posttraumatic stress disorder and depression. Then I will try to show how Byron suffers from depression, not the result of trauma. Trauma is "[a] psychic injury, esp. one caused by emotional shock the memory of which is repressed and remains unhealed; an internal injury, esp. to the brain, which may result in a behavioural disorder of organic origin. Also, the state or condition so caused" ("trauma," def. 2a). Trauma is often the cause of posttraumatic stress disorder, which although is not defined in Dr Miall's notes, did however come up in class. Posttraumatic stress disorder "involves enduring psychological disturbance attributed to the experience of a major traumatic event" (Weiten 544). By looking at that definition, Dr Miall's theory does apply; however, Weiten's textbook reveals that the types of trauma that lead to posttraumatic stress disorder, from the most prevalent to the least, for men (since the discussion is about Byron) are: w... ...ces of trauma and the sources of depression. Both lead to the same symptoms, but I think depression better represents Byron's state of mind. Freud's theory on trauma can work if one sees Manfred/Byron suffering from trauma, but it does not work if one sees him as suffering from depression. I must admit that I am biased in my conclusion. I am drawn to my theory based on my own personal experiences. Works Cited Byron, George Gordon. Manfred. Romanticism: An Anthology. 2nd ed. Ed. Duncan Wu. Malden, Massachusetts: Blackwell, 1998. 718-751. "trauma." Def. 2a. The Oxford English Dictionary Online. 1989. Oxford English Dictionary. 2nd ed. University of Alberta Library. Edmonton, Alberta. 3 April 2005. http://dictionary.oed.com.login.ezproxy.library.ualberta.ca/. Weiten, Wayne. Psychology: Themes and Variations. 5th ed. Toronto, Ontario: Wadsworth, 2001.

The Unselfish Gregor in Franz Kafkas The Metamorphosis :: Metamorphosis essays

Gregor was the most unselfish person in The Metamorphosis. This characteristic shows with his dedication to his work. He was the only family member with a job, believing he was the only one capable of it. Sacrificing his social life for his work, he had no friends at work, and never went out at night. His only hobby was fretwork, sitting alone in his room. The only person he was ever intimate with was his sister Grete. His devotion to his work was remarkable. In all of the five years he had worked for his father's creditor, he had never once been absent. Always ready to go out on his rounds as early as possible, he never took advantage of time for a break. By the time he got back, the other employees were still eating breakfast. Under the belief that he was the sole provider for the family, Gregor took up a job with his father's creditor, before even consulting his family. They, at the time, were of course impressed. The flat they were living in was chosen by Gregor. Making enough mo ney, he hired a cook and servant. He was even thinking of sending Grete to the conservatorium to further enhance what he believed to be musical talents. Even after his metamorphosis, he never asked for much. Showing his concern for others' wellbeing, he hid under the couch so as not to disgust anyone by his sight. Although they brought him food everyday, he barely ate any of it. He even wished he were not such a burden on the family, and that he could have transformed back into his old self. All of the actions mentioned above displayed Gregor's unselfishness. After his metamorphosis, nobody indicated they were grateful for what he had done. After his first absence, the chief clerk himself appeared at Gregor's house to see what was the matter. When Gregor did not open his door, the chief clerk accused him of stealing the company's funds, and degraded him in front of his parents as being insubordinate. After the transformation, Gregor's father gave little or no love or support. Instead, he had hurt Gregor many times while ushering Gregor back into the room. Grete and her mother do, for some time, show a little support. After having Gregor around for a while however Grete asserted that they should somehow get rid of him.

Brian Wilson :: Biographies Music Papers

Brian Wilson I can remember when I was a little girl, my father and I would listen to Beach Boys’ albums together in our living room. My favorite song was Kokomo and I would sing it all the time. I loved the cheerful sounds of the music and the fun loving attitude that The Beach Boys portrayed. As I grew older, I still loved The Beach Boys, and I continued to listen to their music frequently. The more I learned about music the more amazing their music seemed. The tight harmonies and unique instruments made each song unique and made me more and more interested in finding out how they were created. Brian Wilson is the creative genius that wrote and produced much of The Beach Boys’ music. Despite being near deaf in one ear, Wilson managed to not only provide the Beach Boys with countless hit records, but also made a major impact on popular music as a whole. His music influenced most major pop musicians today and his harmonies are used in songs sung by such pop acts as N’Sync and The Backstreet Boys. Even the Beatles admit that they felt threatened by the Beach Boys and without the creative challenge that Brian Wilson posed, both Revolver and Sgt. Pepper’s Lonely Hearts Club Band would have never come into being. Born in Inglewood, California, June 10, 1942, Brian was the first child of Murry, who was an aspiring songwriter, and Audree Wilson, a talented pianist. Brian’s life was always full of music. Brian Wilson said in his biography Wouldn’t It Be Nice, â€Å"As far as I can remember, I have always heard music, faint strains of melody floating in my head...I was able to tune into a mysterious, god-given music. It was my gift.† However, Brian did not have a happy childhood. His father both physically and emotionally abused Brian, Brian’s mother, and later, Brian’s two younger brothers, Dennis and Carl. His mother turned to alcoholism to escape from the abuse. Also, because she was afraid of Murry, Audree rarely showed her boys physical affection.

Plain language v legalese Essay

There is an ongoing debate over whether legal practitioners should use plain language in legal writing; or whether legal practitioners should carry on with tradition and write in a more lawyerly manner some call â€Å"legalese†. As with any debate, there are two opposing sides and a middle ground. Proponents of plain language believe that since legal documents are read by both legal professionals and laymen, they should be understandable to a wide audience. Proponents of legalese believe that since legal documents are primarily written for an audience of other legal professionals, the traditional style of legal writing is perfectly understood by its intended audience. There is a long history of traditional legal writing law that sounds very important and archaic to the modern ear. Words such as substantiate, elucidate, and notwithstanding are seldom found anywhere outside of a legal document. There are also many phrases that are rarely used outside of a legal document, such as: â€Å"until such time as†; â€Å"render assistance†; â€Å"including but not limited to†; â€Å"owing to the fact that†; and â€Å"in the event thatâ€Å". The use of Latin phrases is common in traditional legal writing. The precise meaning of the phrases is obscure to readers who lack a knowledge of Latin. Latin phrases such as â€Å"habeas corpus†; â€Å"prima facie†; and â€Å"quantum meruit†; are likely widely understood only by legal professionals. Other Latin phrases used in traditional legal writing, such as â€Å"ab initio†; â€Å"de facto†; and â€Å"ex post facto†; might be understood by a well educated audience as well as legal professionals. Boilerplate language is another convention of legal writing. So-called â€Å"boilerplate† language is a grouping of words, sentences, and sometimes lengthy paragraphs that may have meaning beyond their plain meaning. For example, clauses in a property deed for a house contain language that has been parsed, defined, and argued for decades. The precise meaning of each boilerplate clause is related to the definitions and arguments that accompany it. Boilerplate language refers to any language that is always the same and is perceived as standard wording, such as â€Å"standard contract† clauses. The term boilerplate originated in the days of hot metal type. Publishers would use blocks of type that were made to be unchangeable, one sheet of metal printing plate with full paragraphs, clauses, or â€Å"standard† wording on it. These metal sheets resembled a plate on a boiler, and that is how the term came about. (Black’s 1991). Another convention of traditional legal writing is its repetitiveness. Personal pronouns, such as he, she and they; are generally not used. Instead the person’s name is used each time. Or a person’s position in a cause of action, such as defendant, plaintiff, respondent, or petitioner; is used each time. Similarly, the word â€Å"it† is seldom used. Instead the word for the thing or the word for the idea is used each time. Descriptive phrases in traditional legal writing are also confined to the same descriptive phrase each time. For example, words used to describe a vehicle would always be the same words each time they appeared in the same legal document. A red pickup truck would always be referred to as just that, â€Å"a red pickup truck†. The descriptive words would not be changed to â€Å"a Ford truck† even though the descriptive phrase could just as easily describe the same vehicle. â€Å"Plain language† is a phrase that defies definition. Like defining art or pornography, a prevalent attitude is that there is no encompassing definition, but we know it when we see it. Would it be fair to say that plain language is language that most people easily understand? That question begs for the next question, who is â€Å"most† people; and what is their level of understanding? So, then when we speak of plain language in legal writing, does that mean at a reading level that all or most adults can comprehend? Does plain language in legal writing mean only college educated adults? According to the most recent National Adult Literacy Study: â€Å"The National Literacy Survey shows that the average adult in the U. S. reads at the 7th grade level, with nearly 50% below the 6th grade level and over 80% below the 10th grade level. † (DuBay, 2004). So does that mean that plain language in legal writing should be written at a 7th grade reading level? In 1969 Harry McLaughlin devised the SMOG readability formula and it is still commonly used today. To use McLaughlin’s formula â€Å"count the words of three or more syllables in three ten sentence samples, estimate the square root, and add three. † The number generated is the readability score which corresponds to the reading grade level at which the paper could be read and understood. There is a deviation of plus or minus 1. 5. On his website, McLaughlin offers a readability calculator, just copy and paste any document into the box, and the calculator generates a readability score for that document. I plugged in one page of this paper and a score of 17. 34 was given. Since my intended audience is my professor and my academic colleagues, I believe this is an appropriate level of writing. (McLaughlin, 2008). Plain language, most simply defined, has to be just that, readable for the widest possible audience. Plain language does not seem to rely on multi-syllabic words when a shorter word will do. Words such as substantiate, elucidate, and notwithstanding can be replaced with prove, despite and clarify, respectively. Some common phrases used in traditional legal writing have a concise plain language substitute. In the event that† translates easily to â€Å"if. â€Å"Until such time as† means â€Å"when†. Plain language in the context of legal writing means using a translation of the Latin word or phrase, rather than the more scholarly sounding Latin. Proponents of maintaining a traditional style of legal writing believe that continuing to use the traditional con ventions, Latin phrases, and boilerplate language preserves legal culture. The use of Latin phrases adds a certain panache to writing, and some of the Latin does not translate very well. Few individuals outside of the legal profession will ever read a Supreme Court opinion. The process of legal argument, legal reasoning and legal writing are so intertwined that it becomes impossible to express legal opinion except in traditional legalese. In fact, for attorneys the use of traditional legal writing is more efficient because it is most commonly used; therefore, most commonly understood; understood by attorneys that is. The conventions and tradition in legal writing are much more than meaningless archaic language. Legal documents are written for specific legal situations. Sometimes legal language is purposely broad and imprecise so that unknown and unforeseeable future circumstances may somehow be addressed. Other wording is precise and well defined to clearly define the expectation of both parties, like the wording in a contract. A contract may have many clauses and if they can be simplified by using traditional standard language then all the better. It is after all, attorneys, communicating with attorneys. (Bast, 1995). Many attorneys choose to use published forms as the basis for contracts because they can easily be adapted to a specific client and situation. These attorneys believe that it is too time consuming for them and expensive for their clients to write a complete contract for each client and each situation. For example, in a contract a saving clause, also called a severability clause, allows the contract to remain in effect even if one or more of the provisions of the contract is breached or is found to be unenforceable. (Bast, 1995). This clause may or may not be written in plain language, but the meaning is the same. Attorneys reading other attorneys’ contracts easily grasp the intent and meaning of contract clauses, whether the language is standard legalese or written for a mass audience as long as the wording is precise. If the legal language found in a contract is familiar and precise attorneys can save themselves time and effort. And they can save their clients money, because they have no reason to analyze or parse out each word or clause, the meaning, to them is clear. Proponents of traditional legal writing style also assert that the repetitiveness in legal documents is necessary. While other types of writing demand variation of word choice to describe an object, person, or event, legal writing demands consistency in word choice. This consistency provides clarity and precision. There can be no question as to who â€Å"they† refers to in a legal document, when the word â€Å"they† does not ever appear at all. Proponents of plain language in legal writing claim that much of so-called traditional legalese is nothing but gobbledygook. Legalese is jargon and is used to obscure meaning. Webster’s Dictionary defines jargon as â€Å"confused, unintelligible talk; the special speech or vocabulary of a class, as of technicians, artists, thieves. † (Webster, 1987). In fact, the purpose of jargon among members of a group is to communicate among themselves without being understood by outsiders. Police and criminals each have their own jargon, hoping the other will not understand them. The goal of jargon among legal professionals is so that the public will not understand the law. If the public cannot understand the law because the public cannot understand the legal terminology then the public has no choice but to seek legal advice to interpret every legal document. So, legalese is very important to attorneys as job security. The most compelling argument in favor of plain language in legal writing is that consumers often sign legal documents in the course of their everyday lives. Nearly every agreement that a consumer enters into is bound by a written contract. If that contract is unintelligible, then the consumer’s rights are at risk. Consumers enter all types of contracts, including cell phone contracts, mortgages, and insurance. Laws and ordinances also have impact on people’s lives. It is popular to say that ignorance of the law is no excuse. However, laws are passed at a dizzying rate, and in truth most of us, including attorneys, are ignorant of many laws that might affect us. If we can comprehend the meaning of a law, we have a much better chance of following the law. And if we can understand a proposed law on the ballot we have a better chance of voting appropriately. Many states have gone so far as to legislate plain language in legal writing. In Florida, property insurance policies must be written in plain language. In California, they have legislated the use of plain language this way: Section 6215 of the California Government Code states: â€Å"Each department, commission, office or other administrative agency of state government shall write each document which it produces in plain, straightforward language, avoiding technical terms as much as possible, and using a coherent and easily readable style. † When it comes to personal safety, plain language is even more important. After a series of studies found that the improper use of child-safety seats was the leading risk factor in fatal injury to children in car accidents, two public health officials began to investigate. Dr. Mark Wegner and Deborah Girasek suspected that there might be a relationship between the improper use of the child-safety seats and the installation instructions. The pair analyzed the readability of the instructions of 107 different child-safety seats and published their findings in the medical journal â€Å"Pediatrics†. The team found that the installation instructions that came along with most of the child-safety seats were written at the 10th grade level. Far higher than the national average reading level of 7th grade, and much higher than the 5th to 6th grade level recommended for health related writing for consumers. This type of safety instruction is not legal writing per se. However, product liability is strict liability. And, if the safety instructions on a product are unintelligible they might as well be non-existent. Manufacturers risk substantial loss in tort actions if their product’s safety notifications are useless. In a letter to Senator Bob Bennett dated September 17, 2008, Ruth Anne Robbins, president of the Legal Writing Institute wrote: â€Å"Bureaucratic legal writing, including government writing, has long been difficult to read. It is convoluted and dense. Even those of us who are legal writing professors are challenged by it – and it is challenging for us to teach our law students how to properly read and interpret it. The government would benefit from paying more concern to the efficacy and readability of its communications. We teach our students to be reader-friendly rather than writer-centered. Unfortunately, government documents are too often writer-oriented rather than reader-oriented. † (Robbins, 2008). Since I believe that the purpose of writing is communication, not obfuscation, I support plain language in legal writing. The world today is a complicated place, and there is no reason to make it even more difficult to navigate than it needs to be. Whenever possible precision should be chosen over vagueness. When crafting wording for legislation, lawmakers should be careful to choose words that as clearly as possible show the intent of each law. Judges at all levels should strive to write their court opinions clearly and concisely. Laws and court opinions will always be subjected to interpretation, and that is one of the things that makes our country great. But, the interpretation of laws should be directed towards applying laws and opinions to a changing world, rather than trying to understand the original intent of those laws and opinions. There is no mention of the right to privacy anywhere in the U. S. Constitution. Justice William O. Douglas, in his landmark Supreme Court opinion , Griswold v Connecticut, (1965) wrote that our right to privacy is a constitutional right, and that right is included in the penumbra of rights emanating from the specific guarantees of the constitution. This type of expansion of personal freedoms is, in my opinion, the best and highest use of legal reasoning. The cumbersome challenge of interpreting obscure and arcane legalese is intellectual quicksand, and to be avoided at every opportunity.

The Silver Linings Playbook Chapter 27

As If He Were Yoda and I Were Luke Sky straiter Training on the Dagobah SystemWhen we finish discussing our Kubb tourney achieve custodyt and Mrs. Patels extraordinary ability to render an arrogate alike(p)ness of Brian Dawkinss transportt on the cover of a school bus topology, I fleece the black recliner and tell lessening I am a infinitesimal gloomy.Whats molest? he says, pulling the open up and raising his footrest.Terrell Owens. slack nods, as if he were expecting me to bring up the wide receivers name.I did non compulsion to talk almost this earlier, only if it was reported that Terrell Owens (or T.O.) tried to veil himself on September 26. News reports decl atomic number 18d that T.O. overdosed on a pain medication. Later, subsequently T.O. was released from the hospital, he said he did non try to kill himself, and indeed e precise angiotensin-converting enzyme began to forecast he was crazy.I remember T.O. as a young 49er, further Owens was non on the 4 9ers roster when I watched the Eagles revive in San Francisco a fewer weeks ago. What I learned from reading the sports pages was that T.O. had played for the Eagles when I was in the rugged point, and he had serve welled the Birds throw to Super Bowl XXXIX, which I do non remember at wholly. (Maybe this is easily, since the Eagles at sea, plainly not remembering still get ins me tint crazy.) T.O. app argonntly held knocked discover(p) for more(prenominal) money the next year, said bad things nearly Eagles QB Donovan McNabb, was suspended for the second half of the season, and and so was actually cut from the team, so he signed with the actually team Eagles fans despise most the Cowboys. And beca physical exercise of this, e reallyone in Philadelphia currently hates T.O. more than just round anyone else on the planet.T.O.? Dont fuss rough him, drib says. Dawkins is passage to collision him so hard that Owens go away be afraid to catch any bullock blocks at the Linc.Im not worried ab show up T.O. make catches and scoring touchdowns. drop looks at me for a second, as if he does not realise how to respond, and thusly says, Tell me what worries you.My risqueher refers to T.O. as a psychopathologic tabloid popper. And on the phone this week, Jake also make pleasantrys ab divulge T.O. taking pills, calling Owens a nutter.why does this bother you?Well, the reports I read in the sports pages claimed that T.O. was possibly battling depression.Yes.Well, I say, that would suggest by chance he needs therapy.And?If Terrell Owens is very depressed or custodytally unstable, why do the pile I love use it as an excuse to talk naughtily about him?Cliff takes a complicated breath. Hmmm.Doesnt my pop music understand that Im a psychopathic pill popper too?As your healer, I can confirm that you atomic number 18 all the way not psychopathic, Pat. besides Im on all sorts of pills.And yet you be not abusing your medications.I can search what Cliff means, but he doesnt very understand how I pure tone which is a mix of very complicated and hard-to-convey emotions, I realize so I drop the subject.When the Dallas Cowboys come to Philadelphia, the fatty mens tent and the Asian assault bus are combined to get to a super party that once more features a Kubb tournament on Astroturf, artificial satellite television, Indian kabobs, and much beer. But I cannot concentrate on the fun, because all about me is hatred.The first things I notice are the homemade T-shirts other tailgaters are purchasing and selling and wearing. So galore(postnominal) incompatible slogans and images. One has a cartoon of a small boy urinating on the Dallas star, and the subtitle reads dallas sucks. t.o. swallows pills. Another shirt has a giving prescription bottle with the universal skull-and-crossbones envenom symbol on the label and terrell owens written underneath. Yet another version features the pill bottle on the trend and a gun on the back, under which the furnish reads T.O., if at first you dont succeed, buy a gun. A nearby tailgater has nailed T.O.s previous(a) Eagles island of Jersey to a ten-foot cross, which is also covered with orange prescription bottles that look exactly like mine. People are burning their old T.O. jerseys in the parking lot human-size dolls in T.O. jerseys are st driftg up so people can hit them with bats. And correct though I do not like any Dallas Cowboy, I emotional state sort of bad for Terrell Owens because mayhap he really is a sad computerized tomography who is having trouble with his mind. Who fares, perhaps he really did try to kill himself? And yet everyone mocks him, as if his mental health is a joke or maybe they indispensableness to elevate him over the edge and would like cryptograph more than to call for T.O. dead.Because of my poor throws, Cliff and I get knocked out of the Kubb tournament early, losing the five bucks my brother apparent movemente d me, and this is when Cliff asks me to help him move some India Pale Ale out of the Asian Invasion bus. When we are in spite of appearance(a) of the bus, he closes the door and says, Whats wrong?Nothing, I say.You werent even looking to see where your batons landed, you were so distracted during the Kubb bouncings.I say nothing.Whats wrong? Youre not in your leather seat.Cliff sits down, pats the bus seat, and says, Pleather pass on have to do today.I sit down in the seat across from Cliff and say, I just feel bad for T.O. Thats all.Hes acquire millions of dollars to endure this type of criticism. And he thrives on it. He brings it on himself with those touchdown dances and the hoopla. And these people dont really want T.O. to die they just dont want him to perform well today. Its all in entire fun.Now, I know what Cliff means, but it doesnt seem like good fun to me. And regardless of whether T.O. is a millionaire or not, Im not sure T-shirts encouraging anyone to snap himse lf in the head should be condoned by my therapist. But I dont say anything. prickle outside the bus I see that Jake and Ashwini are in the final game of the Kubb tournament, so I try to value for them and block out the hatred that surrounds me. privileged the Linc, all throughout the first half, the tug sings, O.D. O.D., O.D., O.D. O.D. O.D. Jake explains that the crowd used to sing, T.O. T.O., T.O., T.O. T.O. T.O. back when Owens was an Eagle. I watch Owens on the sideline, and even though he doesnt have many catches yet, he seems to be dancing to the rhythm of the crowds O.D. song, and I wonder if he is really so immune to seventy thousand people mocking his near overdose or if he really feels differently inside. again I cant help feeling bad for the guy. I wonder what I would do if seventy thousand people mocked my forgetting the plump few years of my life.By halftime Hank Baskett has 2 catches for twenty-five yards, but the Eagles are losing 21 17.All throughout the second half, capital of Nebraska Financial Field is alive we Eagles fans know that first place in the NFC easternmost is at stake.With just under viii minutes to go in the third, everything changes.McNabb throws a long one down the left side of the field. Everyone in my section stands to see what will happen. Number 84 catches the ball in Dallas territory, puts a move on the defender, takes take out for the end zone, and then I am in the air. Under me are Scott and Jake. Im riding richly on their shoulders. Everyone in our section is high-fiving me because Hank Baskett has finally matchd his first NFL touchdown an eighty-seven-yarder and of level I am wearing my Baskett jersey. The Eagles are winning, and I am so laughing(prenominal) that I forget all about T.O. and start to conceptualize about my dad watching at home on his huge television, and I wonder if maybe the TV cameras caught me when I was riding high on Jakes and Scotts shoulders. Maybe Dad adage a life-size me celebrating on his immediately screen, and maybe he is even proud.A series of tense moments get our wagon beating at the end of the twenty-five percent quarter, when Dallas is driving, down 31 24. A score will send the game into OT. But Lito Sheppard intercepts Bledsoe and returns the pick for a TD, and the unit of measurement pipe bowl sings the Eagles fight song and cantillates the letters, and the day is ours.When the time ticks down, I look for T.O. and see him tip off the field and into the locker populate without even shaking the hand of one single Eagle. I still feel bad for him.Jake and Scott and I exit the Linc and kneadning game into the Asian Invasion which is easy to neck from far away because it consists of fifty Indian men, usually clumped together, all in Brian Dawkins jerseys. only when look for fifty number 20s, they unendingly say. Cliff and I expelling up to each other and high-five and scream and yell, and then all fifty Indian men start chantin g, Baskett, Baskett, Baskett And I am so happy I pick piddling Cliff up and hoist him onto my shoulders and pass on him back to the Asian Invasion bus as if he were Yoda and I were Luke Skywalker homework on the Dagobah System in the halfway section of The Empire Strikes Back, which is as I told you before one of my all-time popular movies. E-A-G-L-E-S EAGLES we chant so many times as we navigate the crowds and learn our way back to our spot do-nothing the Wachovia C participate, where the fat men are postponement with ice-cold celebration beers. I obtain hugging Jake and high-fiving Cliff and chest bumping the fat men and singing with the Indians. I am so happy. I am so impossibly happy.When the Asian Invasion drops me off in front of my fireside, its late, so I ask Ashwini not to blow the Eagles chant horn and he reluctantly agrees although when the bus rounds the corner at the end of my street, I hear fifty Indian men chant, E-A-G-L-E-S EAGLES I cant help cheery as I enter my parents home.I am ready for Dad. After much(prenominal) a big win a win that puts the Eagles in first place surely Dad will want to talk to me. But when I enter the family room, no one is there. No beer bottles on the floor, no dishes in the sink. In fact, the whole house looks spotless.Dad? Mom? I say, but no one answers. I saw both of their cars in the parkway when I came home, so I am very confused. I begin to ascending the steps, and the house is deadly quiet. I transgress my bedroom, and my beds made and the room is empty. So I knock on my parents bedroom door, but no one answers. I touch the door open and immediately heed I hadnt.Your mystify and I made up after the Eagles victory, Mom says with a funny smile. He aims to be a changed man.The sheet is pulled up to their necks, but someway I know my parents are raw underneath the covers.Your boy Baskett healed the family, my father says. He was a god out there on the field today. And with the Eagles in first place, I thought, Why not make up with Jeanie?Still, I cannot deliver.Pat, maybe youd like to go for a run? my mom suggests. Maybe just a little half-hour run?I close their bedroom door.While I change into a tracksuit, I think I hear my parents bed squeak, and the house seems to shake a little too. So I slip on my sneakers and run down the stairs and out the front door. I sprint across the park, run around to the back of the Websters house, and knock on Tiffanys door. When she answers, shes in some sort of gown and her face looks confused.Pat? What are you My parents are having sex, I explain. Right now.Her eyes widen. She smiles and then laughs. Just let me get changed, she says, and then shuts the door.We walk for hours all around Collingswood. At first I ramble on and on about T.O., Baskett, my parents, Jake, the Asian Invasion, my wedlock pictures, my mothers ultimatum actually working everything but Tiffany does not say anything in response. When I run out of words, we s imply walk and walk and walk, and finally we are in front of the Websters house and it is time to say good night. I stick my hand out and say, Thanks for listening. When it is clear that Tiffanys not going to shake, I start to walk away. shepherds crook around, bright eyes, Tiffany says, which is a very eldritch thing for her to say, because my eyes are brownness and very dull, but of course I turn around. Im going to pass by you something that will confuse you, and maybe even make you mad. I dont want you to open it until you are in a very relaxed mood. this evening is out of the question. Wait a few days, and when you are feeling happy, open this letter. She pulls a white business windbag out of her jacket pocket and hands it to me. rank it away in your pocket, she says, and I do as I am told, in general because Tiffany looks so deathly serious. I will not be running with you until you give me your answer. I will leave you but to think. Regardless of what you decide, you c annot tell anyone about what is inside of that envelope. Understand? If you tell anyone even your therapist Ill know by looking in your eyes, and I will never speak to you again. Its best if you simply follow my directions.My nerve is pounding. What is Tiffany talking about? All I want to do is open the envelope now.You have to wait at least forty-eight hours before you open that. bring out sure you are in a good mood when you read the letter. envisage about it, and then give me your answer. Remember, Pat, I can be a very valuable friend to you, but you do not want me as an enemy.I remember the story Ronnie told me about how Tiffany lost her job, and I begin to feel very afraid.