Terrorism And The International Criminal Court †Free Samples

Question: Examine about the Terrorism And The International Criminal Court. Answer: Presentation It very well may be expressed that Global fear mongering has a seen a critical ascent in the most recent decade. Worldwide demonstrations of fear based oppression are being accounted for consistently. In various locales of the world, demonstrations of worldwide fear based oppression have become a plan of conversation and discussion. It very well may be noticed that the universal network has taken a great deal of measures to forestall and control the demonstration of fear mongering yet noteworthy aftereffects of the equivalent are yet to be seen. Anyway notice that the International Criminal Court has still kept fear mongering out of its ward. Proposition given by state parties for consideration of fear based oppression in the Roman Statute of the International Criminal Court It tends to be noticed that for quite a long while suggestions had been made to the International Criminal Court for the incorporation of fear mongering by the state parties. The state parties who decided in favor of the incorporation of psychological oppression in the Roman sculpture were Tunisia, Republic of Korea, New Zealand, and Cuba. Anyway it tends to be noticed that the suggestion of incorporation of fear mongering was interestingly with the underlying aim of the foundation of the International Criminal Court by Trinidad and Tobago[1]. It was later perceived that there were numerous complexities required for the consideration of fear mongering in the International Criminal Court. It very well may be noticed that state gatherings couldn't concur on a meaning of psychological warfare. Some state parties recommended that if atrocities, fear based oppression and medication wrongdoings are to be remembered for the Roman resolution, it would strain the assets of the court in indict ing such violations. Anyway it very well may be noticed that numerous different states recommended that violations of such seriousness and horror ought not be kept out of the locale of the International Criminal Court. It is to be referenced that a goals was received at the Roman Conference[2]. The goals received prescribed a Review Conference to be held for talking about the chance of consideration of fear based oppression in the ward of the court. The consideration of fear mongering flopped in the Roman meeting because of a few reasons. Anyway it very well may be referenced that Netherlands during the fourth round of conferences proposed that psychological oppression ought to be remembered for the Roman Statute. It tends to be noticed that the proposition had presented the proposition to the secretary general of the United Nations. Netherlands had recommended that since there was not satisfactory meaning of psychological warfare, the meaning of wrongdoing of hostility ought to be acknowledged for fear based oppression. Netherlands had likewise proposed that a casual working gathering ought to be built up by the Review meeting for analyzing the degree to which the resolution can be embraced for the consideration of psychological oppression inside the locale of the International criminal court. Reasons of disappointment of incorporation of Terrorism in the Roman Conference It very well may be referenced that the inability to remember fear mongering for the Roman rule of the International Criminal Court was a consequence of the questionable and incomprehensive meaning of terrorism[3]. It can called attention to that the article 2(1)b of the International Convention for the Suppression of the Financing of Terrorism[4] is the main real meaning of psychological warfare. It expresses that any demonstration caused to substantially harm or execute any person with the reason to undermine the number of inhabitants in a specific district or to urge the administration of the specific locale to act with a specific goal in mind or to limit from doing so is called fear mongering. Nonetheless, it tends to be noticed that the United Nation Security Council expressed that fear mongering is a danger and peril to accomplishing overall harmony and expressed that each condition of the United Nations must receive such measures in rationality with the enactment which target denying the beginning of such act by authorizing legitimate provisions[5]. Be that as it may, it very well may be noticed that most of the conditions of the United Nations have their own meanings of psychological warfare as indicated by the lawful arrangements of the individual states. In this way, it tends to be said that the United Nations has neglected to give a worldwide meaning of fear based oppression whichcan be received by the International Criminal Court. In this way, it tends to be expressed that the International Criminal Court just has ward over the people who mean to hurt the populace and the administration of any nation yet neglects to address fear based oppression as a worldwide issue. As indicated by the Roman Statute, the International Criminal Court has no authority over terrorism[6]. It is to be referenced that the previously mentioned Criminal Court can't recognize psychological oppression as a particular offense as the individuals from the United Nations have various meanings of the equivalent as indicated by their separate enactment. Nonetheless, it was proposed that fear based oppression ought to be given explicit definition[7]. It was proposed that fear mongering ought to be put under one of the three classifications of wrongdoings as recorded in the International Criminal Court. It is to be noticed that the first of the proposals expressed that fear mongering ought to be treated as a different wrongdoing, the subsequent recommendation expressed that psychological warfare should put under the classification of six previously existing shows of fear mongering. The third proposal expressed that fear mongering ought to be put under the classification of utilizing guns and explosives to advance viciousness, unpredictable in nature on the individuals with the aim to substantially harm the equivalent and to submit aimless executing. Anyway it is to be noticed that the recommendations of the states to remember fear based oppression for the Roman rule was dismissed by dominant part of the state gatherings of the United Nations. There were a few purposes behind the dismissal of consideration of psychological warfare in the Roman Statute. It tends to be notedthat the most significant purpose behind the dismissal of incorporation of psychological warfare in the Roman Sta tute was absence of appropriate meaning of fear based oppression and what comprises the same[8]. Another motivation to exclude psychological warfare in the Roman Statute is that a dominant part of the conditions of the United Nations held that fear mongering doesn't comprise as incredible danger to the world as the different grievous violations as those against humankind, atrocities and mass executing of individuals for the satisfaction of a political objective[9]. Anyway in the end it was clarified to the world by the demonstrations of fear based oppression that it is no chance a less extreme or shocking wrongdoing than the previously mentioned ones. Another purpose behind the dismissal of fear based oppression in the Roman Statute was that psychological oppression had not been seen as a worldwide emergency already. It was seen as a regional wrongdoing and the equivalent was accepted to have no impact on worldwide boundaries[10]. Be that as it may, it is to be referenced that with the more continuous events of fear mongering acts everywhere throughout the word the requirement for worldwide collaboration has been felt to manage the equivalent. It tends to be said the drafters of the Roman rule accepted that the most appalling and the most terrible violations would be the topic of the International Criminal Court. They would not like to over weight the International Criminal Court with the demonstrations of Terrorism occurring from a more minor perspective similarly as they would not like to over weight the International Criminal Court with frivolous wrongdoings. End In this way to close it tends to be expressed that Terrorism considered as a settlement wrongdoing already yet with the across the board flare-up of psychological warfare everywhere throughout the world and the deplorableness of the equivalent has stunned the world with its unfortunate outcomes. The consideration of fear mongering in the International Criminal Court was forestalled because of the absence of an unambiguous and pervasive definition. It tends to be noticed, that all the various conditions of the United Nations had various meanings of Terrorism and in this way emerged the issue of tolerating a solitary definition. It very well may be additionally noticed that psychological warfare was viewed as worldwide danger to humankind and not considered an intolerable wrongdoing along these lines it was kept out of the locale of the International Criminal Court. References Global Convention For The Suppression Of The Financing Of Terrorism(2017) Un.org https://www.un.org/law/cod/finterr.htm. Politi, Mauro.The Rome Statute of the International Criminal Court: a test to impunity.Routledge, 2017. Werle, Gerhard, and Florian Jessberger.Principles of global criminal law.OUP Oxford, 2014. Politi, Mauro.The International Criminal Court and the Crime of Aggression.Routledge, 2017. Schabas, William A.The global criminal court: a discourse on the Rome statute.Oxford University Press, 2017. van der Wilt, Harmen G., and Inez L. Braber. The case for incorporation of fear mongering in the purview of the International Criminal Court. (2014). Khan, MinhasMajeed, and Abbas Majeed Khan Marwat. Global Criminal Court (ICC): An Analysis of its Successes and Failures and Challenges Faced by the ICC Tribunals for War Crimes.Dialogue (Pakistan)11.3 (2016). Aksenova, Marina. Conceptualizing Terrorism: International Offense or Domestic Governance Tool?.Journal of Conflict and SecurityLaw 20.2 (2015): 277-299. Universal Criminal Court - Some Questions And Answers(2017) Legal.un.org https://legal.un.org/icc/rule/iccqa.htm

Value Chain Management Chemical Industry â€Myassignmenthelp.Com

Question: Examine About The Value Chain Management Chemical Industry? Answer: Presentation Telstra is one of the main media transmission organizations in Australia. It was established in June 1975 under Australian Telecommunication commission .The name Telstra originates from the word telecom Australia which was utilized locally when exchanging while globally the organization utilized Telstra. A uniform marking was built up to Telstra in 1995. They have focused their business on diversion and Telecommuinicaion.The Company guarantees consumer loyalty simultaneously decreasing activity cost. Michael doorman concocted the best meaning of Value chain the board (Gereffi 2014). As per his definition he alluded it in general arrangement of exercises that is engaged with creation and working of significant worth at each single step. Michael doormen esteem chain comprise of a few exercises which incorporate inbound coordinations, outbound and deals and promoting Telstra have held their piece of the pie by advancing on showcasing the items and administrations. They have an enormous system henceforth they can reach the same number of potential clients as they can. Telstra esteem chain the executives have observed watchman laws of significant worth chain the board to guarantee they have expanded deals. Inbound coordinations Inbound coordinations is the procedure that unstintingly consolidates the means of accepting, putting away and the inner appropriation of crude stuff or essential fixings to a help or item. With Porter this a basic procedure to the making of significant worth for an item. It includes masterminding the development of materials from providers to gathering plants or the fabricates. The tasks are worry of the board in three procedure of transformation from crude materials to completed products (Kannegiesser 2008). Telstra constrained applies this procedure through to procurement and investigation of materials for the creation procedure of the item, this is applied through the appropriation of a restrained development to adapting to hazard simultaneously expanding investor esteem. The investigation procedure itself is focused on building up a material equality worldwide portfolio to permit a development later on chances to the business. Outbound coordinations Outbound coordinations. This is worried about development of items or completed products and their stockpiling. Deals and advertising involves the way toward selling administrations or items in return of contributions that is important for customers, clients and the network on the loose. To make their investigation procedure simpler the organization has fragmented the intellectual procedure into various regions advertising, media transmission, information and IP systems overseeing and bringing together systems. Telstra investigation separated from Australia like Canada, Asia, and Indonesia. The organization has set down investigation methodologies to encourage this procedure which incorporate among them developing portfolio significance and flexibility, discovery of other business amusement territories along with consistency in exile and business greatness. At long last assistance involves all exercises which are basic to be set up for successful working of the item (Poirier 2009). Bolster exercises This includes Infrastructure, lawful, monetary, quality affirmation, advertising, general measurements and quality confirmation. Mechanical advancement which contains equipment, systems, programming and information in change of sources of info and yields of insist. Human asset the board which includes exercises of employing, terminating, preparing enlisting and pay and where important excusing faculty. Finally acquirement including procurement of merchandise work or administrations from outer sources. Unmistakably the quintessence of gracefully chain the executives is certainly a portrayal of Telstra system of association s required through downstream and upstream of linkages, in procedure of making quality estimation of items to the clients. A gracefully chain can likewise be alluded as entomb authoritative flexibly chain, in expansive sense we can say it is an interlink of more than one organizations. The exercises of conventional worth including an association can be further be arranged into two primary classification of movement sets (Beamon 2009). Conventional or physical worth chain they are exercises performed with a point of improving an item. This prompts accomplishment of objectives by an organization. Prudence esteem chain-they are PC based frameworks that has prompted absolutely new skylines of market space kinfolk todays business. Otherwise called digital market space. Advertising and deals The organization is continually concocting new patterns and receiving innovation so as to help deals in the market. Client patterns and the regularly changing condition is a consistent issue to the organization. Rivalry has additionally influenced the deals of the organization benefits the world over. In the last money related year the organization the organization had an all out income of 27.1 billion dollars and an all out benefit of 5.8 billion dollars in the entirety of its items which incorporate fixed line, web, and system administrations, pay TV and information administrations. Advertising, exchanging, and transporting is another worth chain as indicated by Porters, which is the way toward requesting items and administrations into commercialization including the board of client connections. Telstra reinforces their exchanging and showcasing abilities in addition to building up their notoriety for being the reliable provider. The procedure has been effectively through changing of vender based portfolio, their solid relationship with clients from Asia additionally dependent on set up track record of valid conveyance. For instance in 2011, Telstra constrained built up a promoting bunch in Asia to expand advertising, transporting, exchanging capacities. The target which is in charge of all undevout in a chain the executives is constantly respected expanding rivalry. The purpose for it is the opposition of the administrations and items in eyes of the coustomers.in genuine sense to persuade a free organization to join a flexibly chain needs a success win circumstance for the organizations which have a place with the gracefully chain in an inappropriate run though in the short run this may not be conceivable in all the elements. There are two wide methods for improving rivalry in a chain the executives. Incorporation of associations included material coordination, monetary streams just as data. Administrations Telstra has activity all around the globe. A portion of their administrations run 24 hour daily the entire week particularly the system frameworks. The organization possesses and keep up the greater part of the open phones in Auatralia.The Company claims 7,400 base station around the world. This shows the place of gracefully the board. The rooftop lays for the extraordinary target of the SCM-Competitiveness. Seriousness van be improved in different was, for example, decreasing the cost of the items, expanding the adaptability in a similar extent as the adjustments in the requests of the clients or benefiting an item that is prevalent nature of merchandise and ventures. The two significant parts causing some level of oddity will in this content be separated in a specific way of building squares. To begin, framing an organization requests that choice of appropriate accomplice be made for a normal association. At that point, turning into a fruitful and viable association in the systems administration requires that there is a great deal of coordinated effort between the associations. Flexibly chain enhancement is the utilization of a device and other related procedures to encourage that the ideal returns are acknowledged from the techniques that is being utilized in the gracefully of the items. In Telstra it includes ideal allotment of the stock between the flexibly chain and the expenses of activity, for example, the transportation cost, fabricating cost and the expense of appropriation. As a rule the new methods include reproduction utilizing a PC helped program. The primary worry in this procedure is to guarantee that the meddlesome nature is run and the model utilized in the flexibly of the products is as successful as could be expected under the circumstances, additionally making a solid procedure where the gracefully is made at the earliest opportunity without superfluous postponements. Bolster Activities Human asset the executives in Porters exercises involves the help exercises where the key component is the advancement of the labor inside an association instances of the exercises are preparing, enlistment of staff and training staff, Telstra restricted ensures individuals, their notoriety occupation by persistently altering their full-bodied security and reaction abilities crises. The HR are exceptionally key to the exhibition of an association, it is surely known that human asset deal with the last items conveyed to clients. The worth chain frameworks which includes a lot of association exercises their prosperity rest upon the exhibition of the people inside the flexibly chain. Human asset capacities cluster from advancement of Human asset plans, enrollment to choice remuneration and advantages to workforce and ultimately the board change and the relationship inside the association (work relations) when all exercises are applied to esteem chain the executives it results into bunch es of advantages; recognizable proof of preparing targets and needs correctly for esteem chain office and definition of outline to adjust the requirements, ID and preparing staff to meet the positions abilities and finally human asset works on being an essential worth chain factor can be utilized to bind together the flexibly chain , on account of business condition complexities comprising of item life motions , redistributing and globalization the practices can be actualized to propel esteem anchor accomplices to build up significant connections between firms. The result upgrades upper hand. The organization works underneath all danger development model which empowers overall handy reactions, set up they likewise hold compelling controlled security and hazard the executives methodologies which goes about as a type of readiness in reacting cas

Macroeconomics

Macroeconomics Macroeconomics Home›Economics Posts›Macroeconomics Economics PostsIndustries concentration ratios are a measure of how fragmented industries are structured. There are two types of concentration ratio that can be used to analyze an industry. These are; four-firm concentration ratio and the eight-firm concentration ratio. If an industry has 20 firms and the concentration ratio of 30%, from the industry structure stand point this industry is referred to as monopolistic competition as asserted by (Anderton Geoff, 2011).A monopolistically competitive industry has large number of small firms, with each firm being relatively small when compared to the overall size of the market. This helps to make sure that all the firms remain competitive with little market control over price or quantity. Each firm in a monopolistically competitive market usually sells a similar, though not absolutely identical product. Most of the goods that are sold by the firms are mostly close but not perfect sub stitute. The good may have subtle difference or they might only be perceived as being different by the buyers.Monopolistic competitive firms are fairly free to enter and exit the industry with few restrictions (Mankiw, 2007). The firms in this industry are not perfectly mobile but they are to a large extent unrestricted by government rules and convention, start-up cost, or other extensive barriers to entry. In monopolistic competition, buyers are not in the knowledge of everything about product differences, brand names, etc, but they have all information about the alternative prices. Each seller has relative information about production techniques and the prices charged by the competitors.Demand is relatively elastic in a monopolistic competition; this is because each firm encounters competition from close substitutes. Long-run adjustments are required in case of an increased demand for the product that pushes up the price of goods. The price in the market has to be compared with th e alternative, price taker. Monopoly is the best example of a price maker that exists on the selling side of the market. In the above case the price would be adjusted in two ways; entry and exit of firms into and out of the industry which will ensures that firms earn zero economic profit and that price is equal to average cost. The pursuit of profit maximization by every firm in the industry will ensures that firms produce the quantity of output that will equates marginal revenue with short-run and long-run marginal cost. The anticipated adjustment faced by the firm will make the concentration ratios be adjusted and increase accordingly.If an industry has20 firms and a Concentration Ratio (CR) of 80%, from the industry structure stand point this industry is referred as oligopoly competition according to (Mankiw, 2009). An oligopolistic industry is usually dominated by a small number of big firms. Each firm is relatively large when compared to the overall size of the market. Some of oligopolistic industries are known to produce identical products, but others produce different products. Many firms in a oligopolistic industry attain and retain market control by creating barriers to the entry that include patents, resource ownership, government franchises, start-up cost, brand name recognition, and decreasing average cost.There are various reasons why oligopoly industry has a high CR than monopolistic industries; firstly, each oligopolistic firm keeps a close eye on the actions of other firms in the industry. Decision by one firm affects the other thus competition is very high. Secondly, many oligopolistic industries tend to keep their prices relatively constant, and prefer to compete in ways that do not involve changing the price (Mankiw, 2009). Therefore, firm has little to gain from changing prices. Thirdly these firms apply various method of non price competition which includes advertising, product differentiation and barriers to entry. Thus they are able to a ttract buyers and increase market share while relying on the price this is not the case in monopolistic competition. Oligopolistic firms are able to perpetually balance competition against cooperation by merger legally combining two separate firms into a single firm. The incentive to merge is quite high and by doing so gives the resulting firm greater market control. This is not the case with monopolistic industries.It is not possible for smaller firms to run their business profitably in oligopolistic industries as there requirement of advanced innovations of technology and expanded production capabilities which requires a lot of capital which is absent in small firms (Scarborough Doug, 2009. Small firms cannot take advantage of economic of scale as the cost of production is very high. Another factor is that oligopoly does not efficiently allocate resources. Oligopoly charges higher prices and produces less output than the competence standard of perfect competition. Smaller firms c annot therefore stand to compete with oligopoly industries.In conclusion it was seen that Oligopoly contains a few large firms that control a market while Monopolistic competition has many small firms, each with some, but not a lot of market control. Thus, monopolistic competition and oligopoly is actually the base of market structure continuum.

A Look Into The World Of Solitary Confinement Essay

A Look into the World of Solitary Confinement Looking back to the early nineteenth century, the United States had adopted a new form of punishment. The punishment involves imprisoning a person in a cramped, concrete, sometimes windowless cell for hours ranging from 22 to 24 hours a day. Solitary confinement for many prison officials has been one of the primary methods to deal with difficult and sometimes dangerous inmates. Recreation for the rest of the prison population is usually about an hour a day, where with somebody that’s in solitary may only be limited to only three to five hours a week alone in another cage with little to no purposeful activities. There have been numerous class actions challenging the use of solitary confinement. Due process along with rights guaranteed under the eighth and fourteenth amendment has been brought into questioning. The eighth amendment indicates that the United States federal government is prohibited from imposing excessive bail, excessive fines, or cruel and unusual punishment. The fourteenth amendment addresses citizens of there right to equal protection of the laws, which was in response to slaves during the American Civil War. All around the world and especially the United States, there has been movements calling for the end of solitary confinement. Most of the movements across the United States have been prison-led. Inmates have brought up issues such as equal treatment towards substandard medical care, the use of isolation,Show MoreRelatedWhat Are The Ethical Issues Of Solitary Confinement?1526 Words   |  7 PagesWhat are the Ethical Issues of Solitary Confinement? What are ethics? Why is it important? Ethics can be defined as â€Å"the discipline dealing with what is good and bad and with moral duty and obligation; or â€Å"a set of moral principles (Merriam-Webster, 2017)†. The reason ethics is important is because it gives us a basic understanding the difference between concepts and situations that are considered right or wrong. We as humans have learned a set of values and beliefs that tell us what is consideredRead MoreSolitary Confinement Is No Longer An Option Essay1099 Words   |  5 Pagesthe hole, the cooler, and many more are all prison terms describing solitary confinement. Chances are you have heard some or all of these terms watching TV shows and movies, but what does it mean for the people who actually spend large amounts of time on the inside. Many are against the use of solitary confinement and say that it has no place in the modern world. In pointing out the many negative side effects of solitary confinement, the pos itive side must be looked at as well. Certain parts of controlRead MoreThe Incarceration Of Prison Policy913 Words   |  4 Pagescontact, no windows to look outside, and hardly anything to stimulate your senses. The other 1 hour you will spend in recreation, which is nothing more than a cage outside, barely larger than your room. There is no space to run, no view of the outside world. You’ll never even see a blade of grass during your stay. This is solitary confinement, something many say is a sentence worse than death. In the United States today, there are over 80,000 prisoners currently in solitary confinement. It was originallyRead MoreSolitary Confinement : A New Idea Of Punishment And Maintaining Order1708 Words   |  7 PagesSolitary confinement commits an individual to small room closed off from the world; a room devoid of light and human interaction for nearly twenty three hours a day. Not only is the morose environment and isolation unhealthy, but it contributes to increased recidivism rates, sometimes referred to as the revolving door phenomenon. Although solitary confinement provides the staff and general prison population with safety, there are alternatives that can be used rather than continuing the revolvingRead MoreThe Death Penalty Should Be Abolished1534 Words   |  7 Pageselectrocution, gas chamber, and firing squad (â€Å"Methods of Execution†). Although the death penalty has evolved throughout history, the basis of what it is remains--legalized murder. We look upon the aforementioned events with shame while we continue to use capital punishment today. The U.S. is ranked fifth in the world behind China, Iran, Iraq, and Saudi Arabia for most executions in the past year (Manning). With thirty-two of our fifty states embracing the death penalty, our nation needs to continueRead MoreTranscendentalism, By John Waldo Emerson And Henry David Thoreau1594 Words   |  7 Pagestranscendentalism is wrong. Their ideals are not just incorrect, they are potentially dangerous. 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GeneratedRead MoreThe Shawshank Redemption By Stephen King And Frank Darabont Essay1274 Words   |  6 Pagesfor funds to improve the deteriorating library. In 1954, Brooks is paroled, but cannot adjust to the outside world after fifty years in prison. He commits suicide by hanging himself. Andy receives a library donation that includes a recording of The Marriage of Figaro. He plays the song over the loud speaker system, resulting in receiving solitary confinement. After his release from solitary, Andy explains that hope is what gets him through his time, a concept that Red dismisses. Norton begins exploitingRead MoreDramatic Devices in Williams Cat on a Hot Tin Roof Essay676 Words   |  3 Pagesisolated from each other within their marriage. Maggie is, because she is childless and Brick is, because he drinks and the reason for his drinking drives him to this isolation. Williams uses a lot of symbolism to illustrate this solitary confinement. Brick has a crutch for his ankle; this represents his physical need for a crutch and demonstrates how he uses it for support. This is also reflected in his drinking; Brick uses alcohol as a mental crutch for support. When MaggieRead MoreWhat Does Solitary Confinement Do The Human Brain?4613 Words   |  19 Pages1 What does solitary confinement do the human brain? By Ronaldo Clerveaux English 4 Mr. Wilson Period 4 03/14/16 Solitary confinement is basically when someone is isolated from others and is usually contained in a cell for hours, days, months, and even years. They call the solitary confinement a â€Å"shoe† because it stands for Special Housing Unit (SHU), but it is pronounced like â€Å"shoe†. Its main focus is to keep people detained if they were to get in a fight, talking back towards

presence - definition and examples of rhetorical presence

Definition: In rhetoric and argumentation, the choice to emphasize certain facts and ideas over others in order to secure the attention of an audience. Through presence, we establish the real, Louise Karon says in Presence in The New Rhetoric. This effect is primarily evoked through techniques of style, delivery, and disposition (Philosophy and Rhetoric, 1976). See also: Audience Analysis and Implied Audience Examples and Illustrations Ekphrasis and Enargia New Rhetoric(s)ProsopopoeiaPersuasion Examples and Observations: Perelman and Olbrechts-Tyteca write that presence is an essential factor in argumentation and one that is far too much neglected in rationalistic conceptions of reasoning. The presence of a fact or an idea is almost a sensory experience rather than a purely rational one; presence, they write, acts directly on our sensibility.Thus, in argumentation a rhetor seeks to bring his or her audience to the point of seeing the relevant facts, or experiencing the truthfulness of an idea. . . . Perelman and Olbrechts-Tyteca share Gorgias and the humanists intrigue with rhetorics power to direct thought, particularly rhetoric in the control of a skilled rhetorician. But their confidence in argumentation as a rational foundation of discourse is decidedly stronger than was Gorgias.(James A. Herrick, The History and Theory of Rhetoric: An Introduction, 3rd ed. Allyn and Bacon, 2005) Two Aspects of PresenceFor Perelman and Olbrechts-Tyteca (1969), achieving presence is a rule that guides the process of selection; we choose words, phrases, figurative images, and other discursive strategies to either (a) make something absent present to our audience or (b) increase the presence of something that has already been brought to the audiences attention. An example of the latter sense would be the way in which an orator, in a patriotic Fourth of July oration during the 19th century, would try to increase the presence of the spirit of the founding fathers.These two aspects of presence are not mutually exclusive; in fact, they frequently overlap. An advocate might begin by trying to make something present to an audience and then work to increase the presence of that item (whatever that might be). As Murphy (1994) noted, the idea of presence is a conceptual metaphor; when presence is achieved, what initially was absent almost seems to be in the room with the audience.(James Jasinski, Sourcebook on Rhetoric. Sage, 2001) Presence and Figurative LanguageThe very choice of giving presence to s ome elements instead of others implies their importance and pertinence to the discussion and acts directly on our sensibility, as illustrated by a Chinese parable: A king sees an ox on its way to sacrifice. He is moved to pity for it and orders that a sheep be used in its place. He confesses he did so because he could see the ox but not the sheep.Perelman and Olbrechts-Tyteca relate presence to the function of certain rhetorical figures. Leaving the customary classifications of rhetorical figures, they discuss the argumentative effects of figures. One effect is to increase presence. The simplest figures for doing this are those depending on repetition, for instance, anaphora, or interpretatio (the explanation of one expression by another--not so much for clarification as to increase the feeling of presence).(Marie Lund Klujeff, Provocative Style: The Gaarder Debate Example. Rhetorical Citizenship and Public Deliberation, ed. by Christian Kock and Lisa S. Villadsen. Penn State Press, 2012) Presence in Jesse Jacksons 1988 Convention Speech*Tonight in Atlanta, for the first time in this century, we convene in the South; a state where Governors once stood in school house doors; where Julian Bond was denied a seal in the State Legislature because of his conscientious objection to the Vietnam War; a city that, through its five Black Universities, has graduated more black students than any city in the world. Atlanta, now a modern intersection of the new South.Common ground! Thats the challenge of our party tonight. Left wing. Right wing.Progress will not come through boundless liberalism nor static conservatism, but at the critical mass of mutual survival--not at boundless liberalism nor static conservatism, but at the critical mass of mutual survival. It takes two wings to fly. Whether youre a hawk or a dove, youre just a bird living in the same environment, in the same world.The Bible teaches that when lions and lambs lie down together, none will be afraid and ther e will be peace in the valley. It sounds impossible. Lions eat lambs. Lambs sensibly flee from lions. Yet even lions and lambs will find common ground. Why? Because neither lions nor lambs can survive nuclear war. If lions and lambs can find common ground, surely we can as well--as civilized people.The only time that we win is when we come together. In 1960, John Kennedy, the late John Kennedy, beat Richard Nixon by only 112,000 votes--less than one vote per precinct. He won by the margin of our hope. He brought us together. He reached out. He had the courage to defy his advisers and inquire about Dr. Kings jailing in Albany, Georgia. We won by the margin of our hope, inspired by courageous leadership.In 1964, Lyndon Johnson brought wings together--the thesis, the antithesis, and the creative synthesis--and together we won.In 1976, Jimmy Carter unified us again, and we won. When do we not come together, we never win.In 1968, the vision and despair in July led to our defeat in Novemb er. In 1980, rancor in the spring and the summer led to Reagan in the fall.When we divide, we cannot win. We must find common ground as the basis for survival and development and change and growth.Today when we debated, differed, deliberated, agreed to agree, agree to disagree, when we had the good judgment to argue a case and then not self-destruct, George Bush was just a little further away from the White House and a little closer to private life.Tonight I salute Governor Michael Dukakis. He has run a well-managed and a dignified campaign. No matter how tired or how tried, he always resisted the temptation to stoop to demagoguery. . . .(Reverend Jesse Jackson, speech at the Democratic National Convention, July 19, 1988)* In the presidential election of November 1988, incumbent Vice President George H.W. Bush (Republican) handily defeated Governor Michael Dukakis (Democrat). The Effects of Presence and the Suppression of Presence[Charles] Kauffman and [Donn] Parson [in Metaphor and Presence in Argument, 1990] make the . . . important point . . . that the suppression of presence can have a persuasive effect. They show that metaphors with and without energeia can be used systematically, on the one hand, to alarm, and on the other, to dampen, public anxieties. For example, using metaphors with energeia, President Reagan speaks of antique Titan missiles that leave the United States naked to attack; he depicts the Soviet Union as an Evil Empire led by monsters. On the other hand, using metaphors without energeia, General Gordon Fornell creates an antipresence designed to sidestep public anxiety in the interest of further weapons procurement. The current Soviet ICBM force of 1,398 missiles, of which over 800 are SS-17, SS-18, and SS-19 ICBMs, represents a dangerous countermilitary asymmetry which must be corrected in the near term (99-100; emphasis mine). The systematic use of such colorless metaphors increases adherence by dampening what might otherwise be legitim ate anxieties.(Alan G. Gross and Ray D. Dearin, Chaim Perelman. SUNY Press, 2003)

The Impact of Local Television in Today’s Society Free Essays

Local Television in Today’s Society Since the early 1940’s, it has been clearly evident that television has played a crucial role in the way people receive and perceive news media on a day to day basis. According to State of the News Media, viewership and ratings have drastically changed over the years and as of 2012, it is suggested that it is in large part due to the pressing and irreversible shift towards social media. Now our country not only relies on our friendly local newscasters to fill us in on the weather or breaking news irst thing in the morning, but also on the latest KRQE tweet on Twitter or status update on Facebook. We will write a custom essay sample on The Impact of Local Television in Today’s Society or any similar topic only for you Order Now Our world is turning digital and as hard as many may try to stop it, there is no denying that a future in news will rely heavily on the efficiency and effectiveness of social media. So where does this leave our local television stations and ultimately, how will this digital frenzy effect their overall viewership, ratings and longevity? This is the prominent concern in our local news media world today and a question that must be discussed and actively researched to ensure the future of local elevision news. Throughout the course of this semester, the students in this Media Management course have had the opportunity to pick the brains of various news anchors, producers, directors, and Journalists to question and investigate this shift from both print media and local television, to our growing reliance on internet and various social networking sites. Each of our guests was forced to explore the same question: In a time of slipping credibility and growing opinion, how do you succeed in the digital era while maintaining values and traditions of great Journalism that rought us here in the first place? With no surprise, each speaker responded with a similar statement. The gist being that as a society, we must, as a whole, focus on seeking the truth behind any story. We must provide valid, reliable and timely information that pertains and relates to the lives of every member in our community and remain a trustworthy source of news for years to come. We must place precedence on social responsibility. Seems a lot easier said than done considering there has been a noticeable decline in local TV news viewership since 2007. And lthough there was a slight increase in 2011, the mostly steady decline has been cause for great concern in the news world. While reading the substantial amount of information that State of the News Media provided on this issue, it was apparent that network and local stations alike are predominantly losing viewers (or in some rare cases reaching a time of stabilization) in both primetime television spots as well as in nontraditional time slots. The research suggests that although there is the occasional increase in viewers during times of national or worldwide distress, there is indeed a uantitative measure proving simply a sta bilization ot local news audiences in specific time slots (no increase) versus the drastic decline that was evident beginning in 2007. However, this ‘improvement’ was not substantial enough to propose that local TV news has entered a period of new audience growth. According to SNM, â€Å"viewership of network affiliates was up for newscasts in both the morning (5 to 7 a. m. ) and late evening (11 p. m. when averaged across all sweeps periods studied. In the early evening time slot (5 to 7 p. m. , viewership was down slightly. † Delving a little deeper into the sweeps periods offered a clue to at least one reason behind the improvement – there has been higher interest in the news (for example the coverage of the chaos, rebellion, and distress surrounding Egypt and Libya earl ier in the year or the 2012 Presidential election. ) But breaking news or continuous coverage of a significant event may not always dominate the airwaves considering there are times when news is slow and not as easily accessible. At that point reporters must rely on heir own investigative skills and creative thinking to find their own stories to dissect and examine. These facts were reiterated by a large number of our guest speakers in class including Alex Tomlin, Bill Anderson, Doug Fernandez and Jessica Garrate. They all made it a clear point to discuss the importance of understanding the average news consumers’ daily routine, the most critical time of day that any one individual can be reached and what it is that truly attracts a news consumer to a particular station. That is the indeed the key to success for any local station. Understand the consumer and their wants and needs, take initiative on finding imperative stories regarding our community, and consistently provide viewers with the most up to date and relevant news possible while maintaining a good reputation by being credible, reliable and original. In todays news world, this in many instances means Jumping on that social media bandwagon and making the decision to provide consumers with play by plays via the internet. â€Å"Almost every station in the country now has a Facebook page, according to the annual RTDNA/Hofstra survey, and almost 90% have t least one Twitter feed. (SNM, 2012) This move to digital news has proven to be in some cases effective, and in others somewhat irrelevant to the success of local stations (or newspapers) as mentioned by Bill Anderson, general manager of KRQE, and Dan Mayfield, Sr. writer for NM Business Weekly. However, although results of viewer increase due to social media is not definitive; it has great potential to become a positive influence for any news team because social media can encourage consumers to sample any station’s newscast. And once that seed has been planted, it becomes the responsibility of the news team to deliver a quality show that maintains that viewers’ interest. Alex Tomlin, news reporter and correspondent for KRQE, discussed in great detail the value of delivering hard and entertaining news, without focusing on the trend of social media. She mentioned briefly how a reliance on networking sites is viewed in the news world as a method of being lazy and therefore unreliable because it is difficult to attribute any fact to the alleged statements being made. How to cite The Impact of Local Television in Today’s Society, Papers

The Relationship between Landlord and Tenant within Ireland Essay Example

The Relationship between Landlord and Tenant within Ireland Essay In this essay, I shall discuss the nature of the Landlord and Tenant relationship in Ireland. I will examine the aspects of a Lease from both sides of the relationship and cover the rights of the landlord and tenant under the relevant legislation. In my final chapter I will evaluate how the personal relationship between the landlord and tenant has evolved thought out time with the passing of legislation. Leases have always been a popular way to regulate the relationship between a landlord and tenant over the rights of land. Whether it be families looking for a long term stay or tudents searching for accommodation for nine months of the year. Leases are landholding arrangements in which the tenant receives a proprietary interest in the property and the exclusive possession of itl . Should the tenant have his rights infringed by the landlord, the tenant may seek court assistance to assist his rights under the lease, or since the creation of the PRTB2, which was established by the Residential Tenancies Act3, alternate dispute resolution is available. The development of leases derives from the Landlord and Tenant Law Amendment (Ireland) Act 1860 which is commonly known as Deasys Act, which will be discussed t a later stage, where it was established that the relationship between a landlord and tenant was one based on a contract. Identification of a Lease A lease is a legal agreement that results in a tenant receiving a right to exclusively possess land and a proprietary interest on it4. Leases have a variety of different legal protection under relevant statutes for both landlord and tenant so it is important not to confuse a lease with another type of legal arrangement such as a licence. We will write a custom essay sample on The Relationship between Landlord and Tenant within Ireland specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on The Relationship between Landlord and Tenant within Ireland specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on The Relationship between Landlord and Tenant within Ireland specifically for you FOR ONLY $16.38 $13.9/page Hire Writer It is important to distinguish the two separate concepts. A licence may be terminated without notice, without cause and also unilaterally. A lease on the other hand needs to be terminated by Deasys Act or legislation that has followed, such as breach of condition or anti-social behaviour. An interesting and famous case on this issue is that of Irish Shell BP Ltd v Coste1105. This case involved a conflict over the existence of a landlord and tenant relationship or a mere licence. There was a contract, involving land occupation, paid on a periodic basis which allowed the alleged tenant to occupy the land. It was a complex case but the court held that no matter what the document passed between the two parties called their relationship, it was only what appened in reality that mattered. The petrol company argued that it was a licence and the defendant a lease. By the decision the Irish Courts indicated they would remain in favour of the practical relationship presented before them rather than the relationship detailed in the contract. The Irish Courts prefer to make their decisions based on four headings6: 1 . Construction of the agreement 2. Intension ot the parties as interred trom their words and actions 3. Exclusive possession on the part of the tenant 4. The payment of rent Construction of the Agreement As a result of the courts commitment to perusing the true nature of the relationship between the parties, the decision as to whether or not a lease exists will essentially be a matter of construction and a court is empowered to treat that which is called a licence as a lease where appropriate7 . Therefore while the parties will place a label upon their relationship, be it a lease of a licence, it will not automatically result in the court finding that said relationship is in fact a lease or a licence. The placing of the label on the relationship merely discloses prima facie evidence of the intension of he parties. Where there is no written agreement between the parties the court will engage in construction of their words and conduct8. Intension of the Parties While all contracts have the prerequisite of the parties intension to create a legal relationship, in the contract of a lease, the courts are concerned with an intension to create a specific type of legal relations, for example landlord and tenant. The courts will try to assess whether, in its everyday operation , the relationship between the parties is more akin to a lease than a licence9. However, as we have seen the courts re willing to discard such labels if they find the actual operation of the relationship to contradict the label. This was reiterated by the Supreme Court in Gatien Motor Company v Continental Oil Company of Ireland Ltd10. Exclusive Possession A key factor of the landholding relationship is whether or not the holder of the land has been give exclusive possession of the property. Exclusive possession is essential to the existence of a lease, but it is not determinative of a lease11. In other words a lease is useless without exclusive possession but on the other hand exclusive ossession does not void a licence agreement between parties either. When dealing with landlord and tenant, the term, not only gives the tenant the capacity to use and enjoy the land but also to exclude the landlord or anyone else from the property if he so wishes. The English case of Street v Mountford12 is an important case in this jurisdiction. Here, the House of Lords held that, apart from in exceptional circumstances, where residential accommodation is offered and accepted with exclusive possession for a term at rent, theresult is tenancy thus placing exclusive possession at the heart of the assessment. The Street case was decided in relation to residential accommodation but the latter case of London Associated Investment Trust Plc. v Carlow13 extended it to commercial properties. Payment of Rent It is stated in s. of Deasys Act that the payment of rent is a characteristics of a lease but it does not however, make it clear if rent is a requirement of a lease. There is a certain authority from both Irish English Jurisdictions that a gratuitous lease is accepta 4 For the purposes ot the Irish Courts it was stated by Kenny J, dissenting in Costellol 5 that rent is essential for the creation of the relationship of landlord nd tenant. Formation of a lease The general conditions for the formation of a lease can be found in s. of DeasVs Act 1860. S. 4 states: every lease or contract with respect to lands whereby the relation of landlord and tenant is intended to be created for any freehold estate or interest, or for any definite period of time not being from year to year or any lesser period, shall be by deed executed, or in writing signed by the landlord or his agent thereunto authorised in writing Along with section four, landlord and tenant relationships can be created in law by means of assignment16, sub-lease17, implication18 and equityl 9. Termination of a lease A common form of termination of a lease comes in expiry, this occurs when the tenancy id for a fixed term and upon reaching the end of that time period the landlord and tenant relationship naturally comes to an end. If the tenancy is of a periodic nature or a tenancy at will a notice to quit is required, otherwise it will continue indefinitely. A notice to quit can be served by either party of the lease or by any person who has been authorised to serve such notice. In relation to agricultural land, residential tenancy20 and houses21, the notice must be in writing, although it is ommon place for notices to quit to be delivered in writing, whatever the premises involved. In general at common law, a periodic tenant should receive notice equivalent to one period of the tenancy, e. g. a weekly tenant would receive a weeks notice. However, the Residential Tenancies Act 2004 has now introduced statutory notice periods for all residential leases22. For example, under the 2004 Act if the tenancy duration is under a period of six months the notice that needs to be given, by both the landlord and the tenant, is twenty-eight days. Forfeiture Forfeiture is an equitable action comprising the retaking of possession by the landlord of property, thereby ending the tenants exclusive possession and, consequently, his leasehold rights23. Examples of where such an action might arise would be a tenants breach of condition of the lease which may lead to the paying of compensation or the owing of rent. In order to carry out a valid forfeiture there are certain legislative requirements which need to be followed. Commonly, cases of forfeiture require the landlord to serve the tenant with what is known as a section fourteen notice24. The effect of s. 4 is to give the tenant an opportunity to consider if he wants to maintain the lease and avoid forfeiture by righting the breach that lead to the issuing of the notice. Section 14 consists of: (1) The basis (or multiple basis) of the forfeiture and, if applicable, a requirement to remedy the breach although the form of the remedy is not specified and is a matter for the tenant, and (2) a demand for reasonable compensation; and (3) a notice of termination by forfeiture for failure to remedy the breach and provide reasonable compensation within a reasonable time ot the service ot the section 1 notice. The reasonableness of the prescribed time period will be entirely dependent on the circumstances If following the serving of the notice, the breach has not been remedied or if the compensation or rent owed has not been paid then the landlord is entitled to re- enter the premises, and in the process forfeiting the lease. The re-entry can be physical or legal, but the service of the notice without re-entry is not sufficient to forfeit the lease25. Tenants can apply for relief from forfeiture; such relief could be granted either under s. 14 or by means of an equitable remedy such as an injunction26