Monday, May 25, 2020

Gaugin

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Paul Gauguin's Le Grand Bouddha (The Idol), c. 187 an analysis and interpretation.By its subject matter and compositional elements Gauguin (1848-10) expresses symbolically in The Grand Bouddha, painted during Gauguin's second and final period in Tahiti, a mysterious, sensuous and exotic world, that, by its differences makes the viewer, corrupted by western civilization, rethink not only artistic practice but the way we look at the world and its people. Gauguin admired the virtues of less developed societies and used art from these "primitive" societies because its difference, its alternative look, force and creativity, challenged the viewer to make a connection or affinity with these "other" societies. The use Gauguin made of this "primitive" art was revolutionary and initiated a different approach that resulted in tribal art being recontextualized as not only of value in anthropological terms in natural history museums but as aesthetic works of art to be appreciated in art galleries. The images he uses to portray this "other" world are an eclectic mix of recognizable, evocative and decorative elements from Maori, Marquesan and Buddhist art, images of which he studied and collected in drawings, postcards and which he called "my little world of friends." Other non-naturalistic compositional elements, which include broad bands of flat colour, shortened perspective and definite outlines, also help create this exotic, mystic "other"-worldliness of the painting.The subject of this painting comprise two naked Tahitian women with a bitch feeding her litter, sitting before an exotic, religious and cultural idol, with a depiction of the Last Supper where Jesus and his disciples are being served by clothed Tahitian women in the background. The naked women represent the indigenous, "primitive" folk who sit relaxed, with one woman challenging the implied viewer to acknowledge their situation, at ease with their religious and cultural heritage and destiny as represented by the idol. While not complying with traditional western concepts of beauty, the women with their exposed, heavy limbs and direct gaze represent the sexual "other" that Gauguin was not adverse to exploiting to gratify the desires of his buying public, men, many of whom were well aware of the legendary availability of the Tahitian women. The scene from the life of Jesus represents the impact of Christianity on the indigenous people who, now clothed, have turned their backs both literally and figuratively from their traditional culture.


The theme of The Grand Bouddha is the exploration and extolling of the superiority of the non-westernized society. Gauguin depicts the indigenous people as being uncorrupted, simple and unspoiled, instinctively in tune with the real and spiritual world a spiritual world that was shared by different non-western races as coming from a common source. Gauguin struggled to find his own identity, being from French and Peruvian ancestry, and he developed a strong antipathy towards western civilization and what he saw as its corruption. He wrote to the Danish painter J.F.Willumsen, "In Europe…everything is rotten, man and art alike. People are constantly being torn apart" and agreed with Jean Jacques Rousseau in "A Discourse on the Origins and Foundations of Inequality Among Men"(1755), who argued that modern society had been perverted away from the noble instincts of the primitive community. At the Exposition Universelle of 1878, for the first time, a selection of primitive art was displayed and later exhibited at the Palais du Trocadero that Gauguin frequently visited and at the 188 Exposition Gauguin was fascinated by the reconstructed and peopled villages from Africa, Indochina and the Pacific. Tahiti, since the first western contact had been portrayed as a paradise, for example, Capt. Bougainville called it the new Cythera, after the mythical erotic isle of Venus' birth and Pierre Loti in his 1880 work "The Marriage of Loti" told of an idyllic relationship between the author and a thirteen-year-old Tahitian girl. Gauguin believed he would find paradise in Tahiti and continues in his letter to Willumsen, "…the Tahitians …are the happy inhabitants of the unknown paradises of Oceania and experience only the sweet things in life." In fact much of Tahiti in the late 1th century was not utopia but degraded and debased by colonization and missionary zeal so Gauguin created in his paintings this idealized world of the primitive world. In The Grand Bouddha he develops this theme firstly by the portrayal of the women. The Tahitian women are "Eve after the Fall, still able to go about unclothed without being immodest still with as much animal beauty as on the first day." In The Grand Bouddha the women are as Eve, strong, confident, with one staring at the implied viewer perfectly at ease and in tune with the looming idol behind. The idol further develops the painting's theme of the idealized primitive society. As the Tahitians' idols had been destroyed at the behest of the missionaries, Destruction of the Idols of Otaheite (181), Gauguin uses a conglomeration of images firstly to portray these societies' spirituality and tradition, and with its coupling figures, nature and sex, but also portrays the interconnectedness and commonality of these primitive religions. Thus the idol's shape imitates the bell-shaped stupas of Buddhist temple architecture, with the embracing children and head shape of the Maori caring, Pukaki, with the Marquesan tiki figures at the base. Gauguin had found in 18 Jacques Moerenhaut's book on the pre-European culture and mythology in which the author likened the religions of ancient Polynesia to Greek gods and goddesses and from 185 Gerald Massey's book "The New Genesis," in which the author argued that all existing religions and myths drew on one single source, ancient Egypt, a basis for his belief that primitive societies enjoyed a interconnectedness and commonality. Gauguin further develops this theme in The Grand Bouddha with his rendition of The Last Supper where Christ is served by clothed Tahitians women who have literally and figuratively turned their back on their culture and tradition.The theme is enhanced by the different compositional elements in the painting, one of which is the placement of real or physical objects, in this case the women and the dog, in the foreground, moving to the spiritual, of the idol and the Last Supper, in the background. Gauguin uses this same technique in The Vision after the Sermon where the Breton women in the foreground "see" Jacob wrestling with the angel in the background and in Spirit of the Dead Walking where Tehamana lies in the foreground with the background figure of the tupapau or specter. Composition was also highly influenced by the Japanese art and, in particular the woodcut prints that often arrived in Europe as packing when Japan was forced, in the middle of the 1th century, to enter trade relations with Europe. The prints provided Gauguin with the inspiration to reject Impressionism where the artists "search around the eye and not in the mysterious centre of thought" . The Japanese accomplishments he described as "primeval qualities of honesty" . In The Grand Bouddha the Japanese influence can be seen in the blocks of colour in simple shapes with a defining outline and shortened perspective. These elements he also used in The Vision as well as actual figures from Japanese prints, in this case, the wrestlers. The key compositional element in the painting, however, is the use of the idol by which means Gauguin forces the viewer to acknowledge the differences in societies and, from this point, to "allow a plurality of valid, independent and truly different ways of constructing the world" Gauguin was the first artist to appreciate the power these tribal arts had to challenge the ways of depicting the world and, as a consequence, how the world was interpreted and as such he can be called the father of "primitivism". In The Grand Bouddha the image of Pukaki is important both decoratively, to convey the exotic "other" worldliness of the painting, but also symbolically. Gauguin uses the image of Pukaki, part of the five to six metre, carved gateway at the Pukeroa Pa and seen by Gauguin at the Auckland museum, with others from Marquesan and Buddhist art, to convey the message of a universal philosophy, above any racial or cultural differences. Massey had recorded the Maoris' surprise that Jesus reminded them of their own Tawhaki and so to Massey, and Gauguin also, this was further evidence that all religions were inter-connected, linked by a single common source. In The Last Supper Gauguin uses instead of the idol, tiki figures from the Marqueses with the figure from the stern of Te Toki-a-Tapiri, the Maori war canoe that Gauguin had drawn in Auckland, at the base. As with The Grand Bouddha the use of this taonga Maori is for decorative and symbolic purposes. The other paintings, however, that incorporates taonga Maori, do so for purely decorative purposes and to convey an exotic place rather than a world of ideas. In Te rerioa 187, Faa iheihe 188 and Still Life with Sunflowers and Mangoes 101 Gauguin recreates the intricately carved kumete, or bowl, created by Patoromu Tamatea, a respected carver who worked in the Rotorua area in the 1870s. Bronwen Nicholson in her book Gauguin and Maori Art identifies three further paintings that incorporate Maori motifs, Te tamari no atua and two still lives entitled Bouquet of Flowers.Gauguin by his use of taonga Maori and other tribal or "primitive" art challenges the viewer to appreciate such artifacts not only as works of art but as a catalyst for establishing affinities between societies. BibliographyEisenman, Stephen F. Gauguin's Skirt, London, 17.Mead, Sydney Moko, ed., Te Maori Maori Art from New Zealand Collections, Auckland, 184.Nicholson, Bronwen, Gauguin and Maori Art, Auckland, 15.Rubin, William, ed., "Primitivism" in 0th Century Art, vol.1, New York, 184.


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Thursday, May 21, 2020

Girls Night Out

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It was a beautiful morning. The birds were singing and the sun was shinning. Kelly had just woken up. Kelly got out of bed and put her jogging gear on. As Kelly was about to leave the house for her morning jog, her mother had stopped her and told her to have breakfast otherwise after her jog she might feel really sick. Kelly went into the kitchen and had an apple and a glass of orange juice. After she had eaten she said to her mother that she was going out for a jog in the park. When Kelly was jogging in the park she had seen one of her best friends walking her dog in the park. Kelly ran up to her best friend Amanda. When Kelly was running after Amanda she had called her name out and Amanda turned around and waited for Kelly to reach her. When Kelly reached her they both said hello to each other. Kelly asked Amanda if she was doing anything tonight? But Amanda wasn't doing anything so Kelly asked her if she wanted to go and see a film? Amanda said to Kelly " I will ask my mother and I will call you to tell you if I will came or not. Kelly said to Amanda "that she is going to call her other best friend Jennifer and ask her if she would like to come to the movies" and Amanda didn't mind Jennifer coming to the movies with them. So Kelly said to Amanda "I'll see you tonight" and they both went back to what they were doing. Kelly ran another lap of the park and then went straight to Jennifer's house. Kelly rang the doorbell and Jennifer answered it. They both said hello to each other and Kelly asked Jennifer if she would be able to came to the movies tonight? Jennifer called her mother and Jennifer asked her if she could go to the movies tonight? Jennifer's mother said that she was allowed to come. Kelly said to Jennifer I will ask my mother if she can ring up and ask what films will be on and what time they are on. Jennifer was fine with that. Kelly said I have to go because I need to have a shower and get ready and Jennifer also had to have a shower and get ready. Kelly left Jennifer's house and went straight home. When Kelly reached home she ran straight to her mother and asked her if she was allowed to go to the movies? Kelly's mother said "yes" and Kelly also asked her mother if


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she could ring up and ask what films are on and what time they start? Kelly's mother said I would ring up after I finish putting up the washing, and Kelly was fine with that. Kelly ran into the house got some clean clothes and ran up stairs to have a shower. Kelly was very exited about going to the movies. Kelly went into the bathroom and started having a shower. Half an hour later Kelly came out of the bathroom and started drying her hair with the hair dryer. After Kelly's hair was dry she ran down the stairs and went into her room so she can find something to wear for the movies. Kelly tried on her new pair of jeans and her new top. She liked the way she looked and that's how she was going to go to the movies. Kelly took off her new jeans and top and went into her old clothes because Kelly wanted to straighten her hair so she can look nice. Kelly straightened her hair and went into the kitchen so she can eat dinner. Just before Kelly was about to start eating the phone rang and it was Amanda. Amanda said to Kelly that she was allowed to come to the movies tonight and Amanda asked Kelly what film were they going to watch? Kelly really wanted to watch The Sweetest Thing and so did Amanda. Kelly told Amanda that The Sweetest Thing starts at 7.0pm and Amanda said to Kelly I'll meet you at the movie at 7.0 and Kelly was fine with it. Kelly said to Amanda I would ring Jennifer and tell her to meet us there at 7.0. Both Kelly and Amanda were fine with it. Kelly rang Jennifer after she had eaten dinner and Jennifer also wanted to watch The Sweetest Thing. So Kelly told Jennifer to be at the movies at 7.0pm and Jennifer was fine with it. So all three of the girls meet at 7.0pm at the movies and they were all excited. All three of the girls went and bought their tickets and also bought something to eat while watching the movie. All three of the girls were really enjoying the film. In the middle of the movie the main actor Roman started talking to Kelly. Kelly thought that was just her imagination until Roman came and sat next to Kelly. Kelly was puzzled she didn't know what to do or say. Kelly asked Roman how did he get here? Roman explained everything to Kelly. Kelly wasn't expecting this but Roman had kissed her on her cheek and then he jumped back into the movie. Kelly was so happy and the other people in the cinema looked very surprised and shocked but Kelly was still very happy. After the movie ended Kelly got out of the cinema with her friends. Jennifer and Amanda couldn't stop asking questions. But Kelly was so happy she wasn't listening. Kelly had called her mother to come and pick her up. When Kelly got home she told her mum everything that happened at the movies even when Roman jumped out of the movie and kissed her, and Kelly told her mother how happy she was. Kelly said to her mum that she would never wash her cheek again.


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Wednesday, May 20, 2020

Western Philosophy

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Philosophy as a discipline isnt easy to define precisely. Issuing from a sense of wonderment about life and the world, it often involves a keen interest in major questions about our selves, our experience, and our place in the universe as a whole. But philosophy is also reflectively concerned with the methods its practitioners employ in the effort to resolve such questions. Emerging as a central feature of Western culture, philosophy is a tradition of thinking and writing about particular issues in special ways. Thus, philosophy must be regarded both as content and as activity It considers alternative views of what is real and the development of reasons for accepting them. It offers all of us the chance to create and adopt significant beliefs about life and the world, but it also requires each of us to acquire the habits of critical thinking. Western philosophy is considered generally to have begun in ancient Greece as speculation about the underlying nature of the physical world. In its earliest form it was indistinguishable from natural science. Thales of Miletus (early 6th century BC) was the first philosopher of historical record to find the first important school of Greek philosophy in the city of Miletus on the Ionian coast of Asia Minor and he was considered the first Greek philosopher because he was the first to give a purely natural explanation of the origin of the world, free from all mythological ingredients. Thales was revered by later generations as one of the Seven Wise Men of Greece; he was interested in astronomical, physical, and meteorological phenomena. He proposed that all natural phenomena are different forms of one fundamental substance, water; he believed evaporation and condensation to be the universal processes." This made him an important figure in Western Philosophy.


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Tuesday, May 19, 2020

Critical Thinking & Decision Making

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Abstract Critical thinking and decision-making go hand in hand to enable us to evaluate a situation, process the information and determine a course of action. The focus of this paper is to put both critical thinking and decision-making under the microscope for closer inspection to see how one compliments the other and how they are used in our professional and personal lives. In addition, the benefits of critical thinking are examined and whether or not these two elements are present in the company I work for, ACN Communications. Lastly, the nominal group technique will be explored as a means for problem solving.


Critical Thinking and Decision MakingCritical Thinking As human beings, we are faced with many opportunities to critically think about the world around us. From the commercials we see on television, the articles we read in newspapers and even comments from co-workers about the companies we work for, we have the opportunity to question the world and people around us to determine what we think about it and how we are going to respond. The evaluation and questioning of information and situations around us is called critical thinking. Critical thinking, as defined in the Grolier Encyclopedia, is "the general term given to a wide range of cognitive skills and intellectual dispositions an individual needs to evaluate claims and arguments in everyday situations, to discover and overcome personal prejudices and biases, to assess the reliability of information according to established intellectual standards, and to make decisions about what to believe and what to do." (00) In my opinion, critical thinking then is our ability to question whether to believe or disbelieve what is in front of us and to decide how we are going to respond to it. How we respond is determined by the decisions that we make. Decision making is a key component in how we function on a personal and professional level as well.Decision Making Both personally and professionally, we make decisions everyday. Determining what to wear to work, which route to take to get there and even what foods we will eat are all decisions that have an impact on our lives. From a professional perspective, decision making is a key part of our jobs. Making the decision to hire or fire someone, whether or not to give someone an important project and deciding if we should launch a new product line, all impact our working lives and relationships in our organization. Decision making is defined as "the act of deciding between two or more alternative courses of action." (A Dictionary of Finance and Banking in Economics and Business, 17). Being a good decision maker causes others to trust our abilities, whereas the opposite is true if we tend to make decisions hastily without carefully considering the ramifications of those decisions and their impacts across functional units. It is obvious that decision making is a key component in our lives, but decision making without critical thinking gives us only half of the picture. It is these two components combined that result in successes both personally and professionally.Critical Thinking & Decision Making Combining the techniques of critical thinking and decision making results in situations that have been analyzed closely and potential outcomes clearly considered and defined prior to taking any action. In an article written by Greg Kitzmiller (00), he states that "It seems most business people are busy taking action, meeting with people, interacting and making decisions. Certainly, thinking is one of the most important actions we take and is at the core of strategic planning." Based on Kitzmiller's comments, I believe that critical thinking and decision making must go hand in hand in order to be successful. In order to develop a strategic plan, you must closely evaluate all aspects and in making decisions about your course of action, you develop a strategic plan for the future. From both a personal and professional level, these two combined techniques will put you in a better position to reach your goals and be successful. As restated by Ken Petress "Making quality decisions involves critical thinking; critical thinking has been defined as 'involving the ability to explore a problem, question, or situation; integrate all the available information about it; arrive at a solution or hypothesis; and justify ones position'" (Warnick & Smith, 14). Benefits of Critical Thinking Critical thinking allows us to question our environment and the information presented to us. As stated in our text, we can either "One alternative is to accept passively what you encounter; doing so automatically results in your making someone else's opinion your own. A more active alternative consists of asking questions of yourself in an effort to reach a personal decision about the worth of what you have experienced." (Browne 18, p.)Individual Perspective ACN Communications, Inc. When I look my organization, ACN Communications, Inc., I see areas where critical thinking and decision-making are present and absent. Being a product manager for U.S. voice products and North American competitive intelligence, I work with all functional units within the organization. It is at this level, back-office support, that I see the most critical thinking and decision-making taking place. On a daily basis, representative and customer numeric information is prepared to determine our position versus the competition and over the calendar year. Individuals in our operations and finance departments work closely together to monitor our sales and report these findings to upper management. It is at the upper management level however, where I lose sight of critical thinking and decision-making. Our senior management staff consists of 5 founders, a CEO, COO, CFO and numerous Vice Presidents. Not assuming that these individuals are lacking in critical thinking, it is sometimes difficult to follow their reasoning for the decisions that they make. Case in point, a little over a year ago, half of our organizations employees were relieved of their duties in a downsizing effort. We were advised that in order to remain profitable, we had to decrease our expenses and streamline all of our processes. The remaining employees did just that and now a year later, we have rehired all of our staffs and added additional members to our organization. I question, why we could not streamline our processes and still retain the knowledgeable staff we had in place? It is very difficult to exist in a downsizing effort since work requirements increase while headcount does not. When I stop to consider that I probably do not have a clear picture of how ACN looked financially a year ago, I know that I cannot critical evaluate the situation in order to understand their position and reasoning. Perhaps this understanding in and of itself is critical thinking.Nominal Group Technique The nominal group technique strongly encourages and harbors participation by everyone in the group selected to tackle a particular issue or problem. No one or two individuals dominate this decision-making process. In addition, this technique works well with large groups as well as smaller groups and really focuses on the issues at hard without the concern of having too many issues on the table for consideration. In order for this technique to be successful, there are key steps that must be followed as stated in the article, "What Needs May Be" by Kim, Siegenthaler and Kevin Riley. The first step is selecting the participants. If there will be many participants, individuals are to be separated into smaller groups. All participants are given paper and pencil for writing down their concerns. The second step is for the participants to brainstorm individually. The participants are given a single question to address regarding the subject of the meeting. The group is asked to write down their thoughts in short answer without sharing them with the group. The third step is for someone to act as the recorder to jot down the ideas as they are read aloud in a round-robin. In order to encourage teamwork, participants sit facing each other in a circle. Each participant reads aloud one of their concerns and the recorder writes down their issue on a large piece of paper for all in the room to see. The fourth step is to assign a letter grade to each concern and duplicates are removed. Once all participants have read aloud their concerns, the items are ranked according to importance, 5 being the most important and 1 the least. The fifth step starts discussions on the items and during this process, the items go through another ranking to finalize those issues of highest importance. This process eliminates concerns of little importance and highlights the issues that truly demand the attention of the group. The sixth and final step is to discuss in detail the remaining items without the intrusion of invalid issues clouding the judgment of the group members. This process alleviates the chance of someone not having a say in the decision-making and brainstorming process. The NGT technique opens the door for creativity and problem resolution without fear of criticism and in my opinion, encourages teamwork and team-building.Conclusion Throughout this paper, the benefits of critical thinking, decision-making and the nominal group technique have been discussed with supporting documentation. The above proves that evaluating a situation, sometimes in a group environment, without hastily making decisions proves to provide more insight, creativity and team-building opportunities that lead to a stronger and single-minded successful organization.


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Durian

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I went to the Asian produce store looking for an unusual fruit for my essay of observation. After twenty minutes searching in the market, I had seen a lot of different kinds of fruits such as oranges, melons, kiwi, etc., yet none of them were interested me. I was so frustrated and piqued. But waited, there was a tropical fruit, its aroma had burst into my awareness. Durian, indeed, is so unique and very different from other fruits that I can be sure that no other fruits smell so bad and taste so good, as this fascinating one.I got home with the durian in the paper bag. I felt relief because I had at last found it, a fruit that struck my curiosities to observing it. The smell of the outer flesh of the durian is of such an offensive smell. As the subject of striking comparisons, its smell has been compared to the civet, cat, etc. To me its odor was wonderful; it surpassed the fragrance all the other fruits of the world. Nonetheless, I have never paid attention to its texture. Putting the durian on the dining from table, I started looking at it and tried to exam its whole appearance. Indeed, the durian had a very interested pattern. It looks like a rugby ball; the durian was almost in oval shape. If I were to measure the size, I could say it was about eleven inches long with a circumference of twenty-one inches. I noticed its color was brownish-green, like the color of seaweed. The shell covered with thickened spikes. As I touched its gritty skin that gave me a sudden chilled sensation going through my spine. It reminded me of a porcupine, which had very sharp thorns. I wondered if I was daring to hold the fruit on my bare hands, I would be bleeding badly. One hour passed and another hour. I had seen all that I could be seen in that fruit. The work seemed to waste me too much time. I felt a little tired and discomforted. My mind went blank because I could not think any more. "That is it," I insisted. "I finish it." But just a minute before I took the fruit away, an idea had flashed into my thought. I began to look closer to its skin, I noticed the overripe fruit split longitudinal lines, which were faintly visible among the spine. Its hidden innards sudden exhorted my further curiosity. Now it was time to dissect my durian. Because the shell seemed very thick and hard, it made me feel a little anxious. I was not sure how to open it without any help. An experience and strong person might open it with the hands. I, on the other hand, thought of another alternative, that was, by using a knife and a piece of cloth to protect my palms from those sharp thorns.


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I placed a stout knife at the apex and cut slowly into the suture lines, which were conspicuous. Pulling them apart with the hands, I realized the skin was not as hard as I firstly imagined. As it opened, its texture was very intriguing me. Underneath its thick, ugly outer grind, there were amazing innards. Each inner chamber contained several large nuggets of satiny ivory-white flesh. I touched its pulps with my bare hands; the cool, soft, creamy flesh came all over my fingers. Its delicious fragrance was very strong and filled up a whole room; and I realized my mouth was full of saliva. I took my first bite, sinking my teeth through its golden, wrinkled outer membrane. I could feel the sensation of the creamy pulp, emitting into my mouth, spreading the most wonderful aroma throughout my taste buds. Wow, my senses somersault. A rich butter like custard highly flavored with almond and a very sweet taste with a touch of bitter gave me the best feeling that was beyond words to describe. And then through the flesh, I could see the seed that was as big as a chestnut. Its color was more dark brown, which reminded me the color of cappuchino coffee, which was my most favorite drink. I dived into it like it was the best thing I had ever tasted. I dispatched that whole durian in very few minutes. The fruit was so delicious that made me addicted to it. The fragrance of this aromatic fruit is also very attractive, and the taste was even far better because it left the same sort of aftertaste as chewing on a whole clove of garlic. I could taste this fruit for days.I had finished observing the fruit. Although, it seemed to take me so much time, nearly three hours, I had learned about the process of gathering and organizing information during the observation. My barriers to this examination were unwilling to spend time and uncertain because of my inertia. I felt discomfort sometimes, when I had to force myself into the situation that I was not so interested, looking at the fruit and extending its details. "Be patient and stay focus." Those were the words that I often said to myself during the examination to prevent boredom . Nevertheless, I had discovered my own device to observe deeply about the fruit. The observing also gave me a skill to find and invent new words. These tips would help me improving my English writing skill. I had exerted myself to study the situation more deeply and carefully before observing. This was the best writing assignment I ever had. I felt more relief and raptured.


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Wednesday, May 13, 2020

Evaluate the advantages and disadvantages of secondary legislation.

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Evaluate the advantages and disadvantages of secondary legislation. Does the power to make such legislation mean an abdication by Parliament of its responsibilities as the supreme law-maker? In the simplest of terms, legislation is law made by parliament. There are two types of legislation, primary legislation and secondary legislation. Primary legislation is an act of parliament, i.e law created by parliament that prevails over every other type of law. Secondary legislation on the other hand is law made by any other body other than parliament, and is also sometimes referred to as delegated legislation or subsidiary legislation. It can be made by bodies such as a privy council, the secretary of state, local authorities or a committee of judges. There can be viewed both advantages and disadvantages in secondary legislation. Another term for secondary legislation acts is commencement orders. These are made in large groups each year and are as much as part of the law as Acts of Parliament. One apparent disadvantage of secondary legislation here is that parliament generally considers these acts, or "orders", extremely perfunctorily, or sometimes do not even consider them at all.In 185, the secondary legislation passed in Britain included;


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the Motor Cycles (Eye Protectors) Regulations 185; the Pushchairs (Safety) Regulations 185; and the Gipsy Encampment (Designation of the Borough of Ipswich) Order 185.With regards to theses regulations, it should be seen that Parliament would not be looked upon as spending its time wisely if it debated at length the issues raised in them. I think this raises the debate of whether Parliament is being undermined as the supreme law-maker or whether secondary legislation is of great advantage to a country because it leaves time for parliament to concentrate on more pressing matters. Orders such as the ones mentioned above are known as statutory instruments, or SIs. Another example is shown below; Consumer Credit (Quotation) Regulations 180 under the Consumer Credit Act 174. Where an SI only affects Northern Ireland, it will have the words "NI" before the word "Rules" or "Regulations", for example; Emergency Provisions (Compensation) (NI) Rules 11.Another important aspect of secondary legislation which can be looked at is Orders-in-Council. These are orders made by the Queen on the advice of the privy council, and made in respect of "transferred matters" (in Northern Ireland's case where Stormont has competence, unless, like the present time, it is suspended). This process can also involve senior civil servants, ministers, the office of legislative council and a degree of public consultation. I think the mention of Orders-in-Council here can point to the fact that although secondary legislation acts have the right to be made law, it is still ultimately Parliament who decide, because any draft has to be approved by Parliament. However it is necessary to point out here a "negative" procedure. This is where secondary legislation takes effect unless Parliament annuls it within forty days. This procedure will only take place if the order is so small or insignificant that Parliament overlooks it, or if there is no time within one forty day period to examine the order. The fact that secondary legislation relies on Parliamentary control should show that by no means has Parliament taken part in an abdication of its responsibilities as the supreme law-maker.Although secondary legislation can be made by bodies outside of Parliament, it still has a number of controls and stages to go through. Not only is there Parliamentary control, but there is also a joint select committee and the examiner for statutory rules. There is also judicial control, also known as ultra vires, shown in the case example R. (Hume) v. Derry Justices ( 17) R v Secretary of state for Health (1).Secondary legislation can be introduced to parliament in the form of a "bill", which is in effect the embryo of an act, giving specific legal details that form the particular act. Parliamentary counsel can draft this bill. Subject to a parliamentary timetable, the bill is introduced in parliament and goes through five stages. These stages are as follows;(i) first reading which is a formality, i.e there is no debate here.(ii) Second reading which is basically the same(iii) Committee stage here there is deliberation in great detail.(iv) Report stage(v) Third reading this is the end of proceedings in the first house, ( which is the house of commons).The bill then goes to the house of lords, where the same steps are repeated. If changes are proposed here, and the house of commons agree, then everything is fine. However if there is a stalemate, it will last for a year, after which the house of commons can pass law. After this, the bill then goes to the Queen for Royal Ascent.If a piece of secondary legislation is to be broken down into different features, we will see it has a number of different sections. Firstly there is a number, followed by a date, enacting words, articles, sections, marginal notes (which summarise the content of each section), definition section (which defines words in each section), a short title and finally schedules.In Northern Ireland, there have been six Parliaments responsible for NI law, which are as follows;(i) Parliament of Eire 110-1800(ii) Parliament of England 16-1707(iii) Parliament of Great Britain 17071800(iv) Parliament of UK 1800-present(v) Parliament of Northern Ireland (Stormont) 11-17(vi) NI Assembly, 174 (presently suspended)I think there is also room to look at the interpretation of statutes when tackling this particular assignment. There are three different rules of statutory interpretation. First is The Literal Rule, where a judge takes the literal meaning of the words in a law, whether the result is sensible or not. This came up in the case of R. v. Maginnis (187). A particular advantage of this rule is that it promotes certainty, but its criticisms are levelled at the fact the rule is based on a false premise, dictionary meanings can be misleading, it cannot be used for general words, and also because it encourages defeatism and laziness in judges.The next rule is The Golden Rule, and this comes into effect if the application of the literal rule produces a "…manifest absurdity or very great inconvenience or inconsistency" (Venkat, 1/10/00), and means court can give a reasonable meaning to the words being construed. An example in this case can be found when looking at the case of Alder v. George (164), regarding the Official Secrets Act. An advantage of this rule is that it protects the court from egregious foolishness, i.e prosecuting someone for something that is ridiculous when the words of the law are taken seriously, or vice-versa (e.g. in the 184 Alder v. George case, the defendant was caught in a restricted area, but argued he was in the clear because he was actually inside the area, and not in the vicinity as the law stated was the prohibited region). Criticisms of this rule come because it only comes into play when the application of the literal rule leads to absurdity, i.e. it is dependant on the literal rule. Also too there is no way of predicting when the courts will apply it, therefore it is rather erratic.The final rule is known as The Mischief Rule, and is also sometimes referred to as the "purposive" approach. This rule requires judges to consider three factors, namely what was the law before statute was passed, what "mischief" was sought to be remedied, and what remedy was being provided. An example of this rule being applied can be found in the case of Corkery v. Carpenter (151), regarding the Licensing Act. Advantages can be found in this rule in the fact that it encourages the court to have regard to context, but criticisms point out how can judges be expected to know the will of parliament?These rules show us how judges do not employ strict rules of interpretation, but to a certain extent they select which "rule" to use in accordance with the result they seek to achieve in the case before them. Referring back to the assignment title here, it should be seen that while many judges plead to be seeking the will or intention of Parliament in applying these rules, it is admitted by some, such as Lord Denning, that "we fill in the gaps". This points us to us that judges, and not parliament, here have the job of upholding secondary legislation, but the fact that judges do it to "please" Parliament shows the power of it as the supreme law-maker also. In my opinion, I think secondary legislation brings with it more advantages than disadvantages. By allowing a body other than Parliament to make a law, it eases the pressure on a parliament which has to cope with the full brunt of a country's problems. For example, a law passed by a local council on the erection of a street lamp or a bus shelter would not be of as the same pressing nature as issues such as the peace process in Northern Ireland, or in England the problem of immigration. Therefore it makes sense to let smaller bodies pass smaller laws, as it would be totally unfeasible for a Parliament in any country to deal with every law within every area of the country. In effect, I don't think secondary legislation undermines Parliaments' responsibility as the supreme law-maker, because Parliament, whether directly or indirectly, controls the whole law. Secondary legislation may just ease pressure on Parliament in some aspects of law-making, without taking away any power or control.


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A day at the office

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A Day at the OfficeIn this paper, I will describe a meeting that took place in a doctor's office. My company, West Coast Radiology, is a single-owner provider of medical services that provides physicians, specialist, and surgeons a wonderful place to send there patients, who have been injured or who other wise need MRI or other diagnostic testing. I am a sales representative for this company. I handle a large territory in Pinellas County. My obligations are to create and develop new marketing plans, but also to manage my sales territory and increase sales on a monthly basis, this is a very competitive field, so I always try to go the extra mile for my boss, and the owner of the company. I recently set up a meeting between the Owner and President of my company, and the Founder and President of a large Medical Center , who was very interested in using our Medical Center, also present were several of the partners and employees of the Medical Company's President, and, of course, myself. In addition a member of my sales team, a rebellious and cocky male who decided to join us without clearing it with me first, not that it matters, team work is always better, but he usually does not work that way so I was a little worried. Was he there to help me or take away my account?This team member hates to be left out of anything and somehow always manages to find out about my meetings, even though, I do excellent work and always think of the clients needs first, in this case doctors. And even though my boss is very happy with my performance and always brags about me in our marketing meetings, still somehow, Joe intimidates me. The meeting was held in the evening, in the conference room of the flagship office of the Medical Centers. The mood was enthusiastic, yet everyone was also tired.


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The President of West Coast Radiology started the conversation by introducing everyone, and then preceding to talk about the major marketing project that I had been working on, he then ask me to take over and explain to the President of the Medical Center about my thoughts and ideas. I was nervous but quite self- assured, I had done my homework on the Medical Centers, and felt very confident that the meeting would go well. I focused on the lead prospective client, and when he brought his partners into the discussion, I addressed them specifically, with answers to their questions and patiently waited for their input. I was sitting directly across from the leading client, who seemed to be very pleased with the conversation and all of the sudden this male from my sales team, let's call him "Joe", decides to take over the conversation and even suggested to the prospective client that he would be very interested in executing this plan, he then quickly turned to my boss and whispered to her that she should let him take the lead on this because the clients were all male, and quote " I did not play golf". Of course loud enough for me to overhear, but not loud enough for the Owner to hear, the client seemed a little confused, I quickly regained my composure and finish up the meeting by inviting everyone for dinner and drinks. (Joe continued through out the night to take center stage.) The next day at the office, Joe said hello and congratulated me on the deal, I thanked him and expressed thanks for his help. I asked how he knew about the meeting, I must have looked puzzled; Joe simply laughed and said "know that's my secret".He has a way about him you never know what he's up to but I know that he wants what's best for the company.In outside sales especially medical, golf is really an advantage because a lot ofDoctors enjoy playing; it's a great way to incorporate business and pleasure together. I'm just not very good at it; maybe this is why Joe came into the meeting? Maybe he knew that I might need a little help to close the deal, or maybe, my boss causally mentioned it to him incase they wanted all bases covered. Questions that can only be answered by human studies, this is where Psychology enters the picture. I believe that the study of Psychology would help me to have answers to why Joe is always around. I think that by using the survey method; and by choosing the large group of people instead of one individual, I could then get better answers without bias.I feel as an individual that I have always been free of bias; I look at every human being as my equal, and this has helped me tremendously in my career. ConclusionWhile I am making a very subjective assessment in reality the objective cause and effect was not really to persecute me or pick on me, simply because I was a woman who could not play golf, but Joe by using Critical Thinking and Psychology simply came up with a plan to help me close the deal. The effect was to look out for the company's best interest and close the deal. After reading chapter one in Essentials of Psychology, I re-examined my situation and saw that Joe was extending a hand to form a partnership and as we are all learning at the University of Phoenix; Team work works be


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