The Commonwealth Bank Of Australia - 3130 Words

1. BACKGROUND Commonwealth bank of Australia was founded back in 1911 by the commonwealth bank act that was in favour of bank nationalization. The bank started its first branch in 1912 in Melbourne and later joint hands with the state savings bank in Tasmania and a year later it was able to spread its branches in six different states. After 1920 the bank gradually expanded its role in central banking and along with time continued expanding and earning a good reputation in the market (Australia, 2014). Commonwealth Bank of Australia is also one of the multinational banks of the world that provides a number of financial services to its clients such as managing the funds, retail services, investment services etc. This group has also got itself listed in the Australian Securities Exchange as the top companies that have the objective of maintaining the total shareholder s return in the upper quartile among the other listed peers over a period of five years (Austrailia, 2014). Geoff Shannon, a former bank commercial client, started a campaign against the bank in 2011 in the form of a website named as Unhappy banking after he lost most of the company s and his personal assets because of the rapacious behaviour of the bank. According to the action group, the bank had taken an aggressive step in reducing its disclosure to the commercial property clients who weren t huge enough in terms of its benefits to the bank. Thus, by observing the Unhappy banking, an inquiry by SenateShow MoreRelatedThe Commonwealth Bank Of Australia1645 Words   |  7 PagesReport – Commonwealth Bank This following report is about the Commonwealth Bank of Australia (CBA). The Commonwealth Bank is a public business founded in 1911. This company is owned by the Australian government. The Commonwealth Bank operates within the tertiary business sector. Business Operations The Commonwealth Bank of Australia is an Australian multinational bank with businesses across New Zealand, Fiji, Asia, USA and the United Kingdom. Commonly referred to as the Commonwealth Bank (or CBARead MoreThe Commonwealth Bank Of Australia3086 Words   |  13 Pages The Commonwealth Bank of Australia was founded by the Commonwealth Bank Act on December 22, 1911, introduced by the Andrew Fisher Labor Government, Which favored bank nationalization. In a rare move for the time, the bank was to have both savings and general bank business. The commonwealth bank of Australia is an Australian multinational bank with businesses across New Zealand, Fiji, Asia, USA and the United Kingdom. Commonly referred to as the commonwealth bank or commbank, it provides a varietyRead MoreQuestions On Commonwealth Bank Of Australia2094 Words   |  9 Pages This report seeks to critically analyse specific aspects of the organisation in regards to the companies; general and specific environment, social and ethical responsibility and its organisational culture. As Commonwealth Bank Australia is a major company with around 52 thousand employees (Commbank.com.au, 2016), it is large employer within the banking industry and has offices and branches nation and worldwide, hence it is important to analyse the external environments and the internal environmentsRead MoreHistory Of Commonwealth Bank Of Australia2888 Words   |  12 PagesThe history of Commonwealth bank of Australia goes back to 1911when the government laid the foundation of one of country’s major financial institutions. By 1970, the bank has branches all over the country, first bank to introduce Bankcard (1974) and continued upgrading itself through the use of latest computerized electronic systems. Today, the bank has 1010 branches all over the country with 3200 ATMs, ov er 3800 agencies and the online services provided by bank reaches over 2.5 million customersRead MoreBusiness Report : Commonwealth Bank Of Australia2168 Words   |  9 Pages.........Assessment 1: part 2/part 3 Business Report - Commonwealth Bank of Australia Unit code: MMM132 Unit chair: Dr Wendy Webber Author: Emma Georgina Hentschel - 216152064 Date submitted: dd/mm/yy Word count: xxx words (excluding reference list)  Executive summary This is a summary of the whole report. Outline the task, explain the research process used, what you found, and what your findings mean in terms of your own preferences (approx. 200 words).  Table of contents Part 2 - FoundationRead MoreEssay on SWOT Analysis of Commonwealth Bank of Australia3124 Words   |  13 Pagesï » ¿Commonwealth Bank of Australia – SWOT Analysis Commonwealth Bank of Australia – Strengths Strength – Commonwealth Bank Brand Commonwealth Bank brand is the most recognised brand in Australian financial services industry. It is a brand that has evolved over its 102 years of operation with a strong brand history. Commonwealth Bank brand is highly regarded and trusted within the Australian financial services industry. Other well known brands under the Commonwealth Bank Group includes ColonialRead MoreReport on the Situational Analysis for Commonwealth Bank of Australia(Cba)1207 Words   |  5 Pagesanalysis can help chose strategies, which help achieve objectives. At the beginning will be presented brief history of CBA. The Commonwealth Bank of Australia (CBA) supports sector with their following industries such as banking, financial and investment service. Founded in1911 as a government bank, received the first guarantees of the federal government. The first bank branch was opened in Meloburne-July 1912. In 1913 there were already branches in all six states. In 1916, its headquarters is movedRead MoreParkview Queensland Pty. Ltd. v Commonwealth Bank of Australia1358 Words   |  5 PagesParkview Queensland Pty Ltd v Commonwealth Bank of Australia [2013] NSWCA 422 FACTS The appellant, Parkview Queensland Pty Ltd (â€Å"Parkview†), is a building contractor who commenced construction of a residential property development under a standard form building contract with Fortia funds Management Ltd (â€Å"Fortia†), the developer. Fortia financed the construction under a loan facility with the Bank of Western Australia Ltd (â€Å"BankWest†). The building contract provided for progressive payments toRead MoreEthical Banking And Customer Satisfaction : A Comparison Between Bankmecu And Commonwealth Bank Of Australia2559 Words   |  11 Pages Ethical Banking and Customer Satisfaction: A Comparison Between Bankmecu and Commonwealth Bank of Australia CONTENTS 1. INTRODUCTION 3 2. LITERATURE REVIEW 3 2.1. CORPORATE SOCIAL RESPONSIBILITY 4 2.2. ETHICAL BANKING IN AUSTRALIA 4 2.3. THE RADICAL AFFINITY INDEX 4 2.4. CUSTOMER SATISFACTION 5 3. RESEARCH DESIGN AND METHODOLOGY 5 3.1. CONCEPTUAL FRAMEWORK 5 3.2 SAMPLE AND PROCEDURE 6 3.3 DATA COLLECTION 8 3.4 PILOT STUDY 8 3.5 DATA ANALYSIS 10 3.5.1 Data Reduction 10 3.5.2 Data DisplayRead MoreExecutive Summary : Commonwealth Bank1718 Words   |  7 Pages1) Executive Summary Commonwealth Bank has become one of biggest bank of Australia; one of the reasons is ERP implementation. The ERP system helps the financial institution to communicate worldwide, talking about its various management department, for them it’s really effective. Such as using customer relation management software it helps in keeping the records of consumers in data warehouse, which can be used at the time when information needed by the bank. For Human resource management it provides

Nokia and Smartphone Marketing Plan - 946 Words

The article I have chosen reports that with the launch of a new range of smartphones, Nokia is also effectively changing its approach to marketing. The company is moving away from more traditional marketing like advertising in print media and shifting towards advertisements through social media and digital campaigns. This allows Nokia to place a greater emphasis on collaborating with its customers through its marketing communication channels. In doing so, Nokia hopes to be able to rival dominant market competitors by increasing its market share and tap onto the rapidly growing smartphone industry. The main challenge that Nokia faces is to rival the market competitors such as Apple and Android who dominate the market for smartphones. As of†¦show more content†¦Also, marketers must avoid being overly obsessed with the popularity of the communication strategy such as number of views on YouTube or fans on Facebook and neglect its role of the in the brand recognition which can be achieved by fulfilling customers’ needs and creating value. In conclusion, as the smartphone market is already dominated by strong competitors that command large market shares and enjoy customer loyalty, Nokia would require competitive edge by offering greater value and an effective marketing strategy to create the planned positioning in the customer’s minds, and also more creative and innovation means of communication to build better customer relationships. References Lara O Reilly. (2011, October 27). â€Å"Step change† in marketing will position Nokia for a bright future. Marketing Week. Retrieved from http://www.marketingweek.co.uk/sectors/telecoms-and-it/%E2%80%9Cstep-change%E2%80%9D-in-marketing-will-position-nokia-for-a-bright-future/3031369.article Lara O Reilly. (2011, October 21). A blinkered digital vision makes marketers forget the customer. Marketing Week. Retrieved from http://www.marketingweek.co.uk/disciplines/digital-strategy/a-blinkered-digital-vision-makes-marketers-forget-the-customer/3031191.article Apple Press Info. (2011,Show MoreRelatedNokia s Marketing Strategy For Nokia971 Words   |  4 Pages†¢ Name of organization: NOKIA †¢ Project Scope: The main goal for Nokia is to recover its capitulated marketplace and return to its leadership position in the Smartphone market. The firm generally counts on the partnership alongside Microsoft, and on its Lumia smartphones to accomplish this goal. Nokia additionally selects a marketing strategy to apply for some of the Lumia phones in Europe. †¢ Specific contributors to the project failure: 1. The major contributor to the project failure is theRead MoreA Short Note On The Social Media Marketing Essay1186 Words   |  5 Pagesattractiveness. The social media marketing has changed the whole perspective of advertising. Social media marketing provides an amazing opportunity to connect directly with the customers. Nokia is a Finland- based company. They come into the field of telecommunication industry 1960. Since then, Nokia has grabbed their exclusive place as a market leader. Their incessant effort to grab their place in innovation and technology has helped them to attract customers like a magnet. Nokia motto is to connect peopleRead MorePorters five forces on Nokia1545 Words   |  7 Pageson Smart Phone industry Threats of New Entrants 1. The Smartphone industry is a well established market and the threats of a new entrant is low, as technology needed to rival the devices already available is quite advance if they want to differentiate from them 2. Barriers to entry in the mobile phone industry is high because any new entrants will need high investments in RD, capital investment, technological investment and marketing in order to compete with the established organisations 3Read MoreNokias New Strategy, Leadership and Operational Structure in the UK961 Words   |  4 PagesNokia outlines new strategy, introduces new leadership, operational structure London, UK – Nokia today outlined its new strategic direction, including changes in leadership and operational structure to accelerate the company’s speed of execution in a dynamic competitive environment. Major elements of the new strategy include: - Plans for a broad strategic partnership with Microsoft to build a new global mobile ecosystem; Windows Phone would serve as Nokia’s primary smartphone platform. - ARead MoreNokia Microsoft Alliance1424 Words   |  6 PagesNokia Microsoft alliance LONDON – Feb. 11, 2011 – Nokia and Microsoft today announced plans to form a broad strategic partnership that would use their complementary strengths and expertise to create a new global mobile ecosystem. Nokia and Microsoft intend to jointly create market-leading mobile products and services designed to offer consumers, operators and developers unrivalled choice and opportunity. As each company would focus on its core competencies, the partnership would create the opportunityRead MoreNokia s Analysis Report Comparison908 Words   |  4 PagesChief Competitors. Nokia currently has three chief competitors: Apple, HTC, and Samsung. All these firms operate in a similar market, offer similar products, and targets similar customers. It should also be noted that Nokia engage in multimarket competition because it competes with these firms in several product and geographic markets (Hitt, Ireland, Hoskisson, 2013). For the purpose of this paper, a competitor analysis will be conducted to assess the present state of Nokia. Figure 1 gives a visualRead MoreReasons Why Marketing Plans Fail1111 Words   |  5 PagesReasons Marketing Plans Fail Whatever your business is, you are either selling a service or selling a product. You need marketing to reach out to a lot of people and make them see reasons they need your product or services. Even app developers need to do a lot of marketing for users to get to see their apps. After any iPhone app development, iPhone users still have to be notified of the new app. Top app development companies have already found out that launching your app without any marketing effortsRead MoreA SWOT Analysis of the Nokia, Inc., and Microsoft Corp Allience1193 Words   |  5 PagesOn February 2011 Nokia, Inc., and Microsoft Corp. have announced plans for a â€Å"broad strategic partnership† under which Nokia will adopt Microsoft’s Windows Phone platform as its â€Å"principal smartphone strategy† and engage in a number of other efforts to jointly create market-leading mobile products and services. â€Å"Today, developers, operators and consumers want compelling mobile products, which include not only the device, but the software, services, applications and customer support that make a greatRead MoreThe Nokia-Microsoft Alliance In The Global Smartphone Industry1055 Words   |  4 PagesFebruary 2011 Nokia and Microsoft, have announced plans for a str ategic alliance under which Nokia will use Microsoft’s Windows Phone platform as a new operation system for its new smartphones. â€Å"Today, developers, operators and consumers want compelling mobile products, which include not only the device, but the software, services, applications and customer support that make a great experience,† Stephen Elop, Nokia President and CEO, said at a joint news conference in London. â€Å"Nokia and MicrosoftRead MoreThe Benefits Of Social Media Marketing1161 Words   |  5 PagesAvoid These Mistakes And Your Marketing Plans Will Be Successful Whatever your business is, you are either selling a service or selling a product. You need marketing to reach out to a lot of people and make them see reasons they need your product or services. Even app developers need to do a lot of marketing for users to get to see their apps. After any iPhone app development, iPhone users still have to be notified of the new app. Top app development companies have already found out that launching

Malaysian Economics Free Essays

2 – CAUSES OF INEQUALITY OF INCOME DISTRIBUTION 2. 1 Differences in education During the British rule, each ethnic group also generally experienced different education systems. Most Malays were educated in the government school system located in the rural areas that used the Malay language as the medium of instruction. We will write a custom essay sample on Malaysian Economics or any similar topic only for you Order Now The Chinese on the other hand sent their children to the Chinese medium schools, which mere established by Chinese voluntary associations. Nevertheless , the elite segment of each ethnic group generally sent their children to the English medium schools located in the urban areas, where the quality of education was far better than the rural Malay-medium school. Furthermore, most secondary and tertiary education was available in the urban areas with English as the medium of instruction. Those who were educated at the English medium schools tended to gain positions in the civil service, commerce, business, and professions. Since most of the Malays were educated in the rural Malay medium schools, this indirectly limited their upward social mobility. . 2 Differences in skills Since Malay only received the education from government school in rural areas, the skills were limited. Lack of skills and knowledge were the factors of unemployed. This will worsened the situation of poverty and income disparities between the ethnic groups. Sectoral employment of Bumiputera and non-Bumiputera (%) in peninsular Malaysia, 1970. Sector| B umiputera| Non-Bumiputera| Primary| 67. 6| 32. 4| Secondary| 30. 8| 69. 2| Tertiary| 37. 9| 62. 1| Notes: Primary (agriculture) Secondary (mining, manufacturing, construction, utilities, and transport) Tertiary (wholesale and retail trade, finance, government, and other services) 3. 3 Differences in access to capital A majority of non-malays are usually found to be living in the southern and western states of Malaysia , such as Pulau Penang and Kedah. These states form modern urban sectors and also modern rural sectors which are playing the important roles in the economic activities. On the other hand, the Malays lived in the northern states of Malaysia, and they are indeed in the traditional rural sector. This imbalanced development had result the imbalance capital gain among the ethnic groups. Wealth Decomposition by Asset Classes in 2007 Asset Classes| Bumiputera| Chinese| Indian| Savings| 567| 2 795| 1 026| Investment Assets| 1 853| 4 629| 2 058| Financial Assets| 2 419| 7 423| 3 083| Real Estate| 70 453| 120 903| 84 146| Wealth| 72 873| 128 326| 87 229| 3. 4 Differences in unemployment pattern The supply of skilled manpower in their own field is the main problem in employment restructuring. Despite the limited success of bumiputera students, the presence of skilled and qualified bumiputera workers and professionals are inadequate. A few factors that contribute to this problem are such like limited accessibility to modern educational facilities and quality educational or even low family income. Bumiputera are mainly attracted to the public sector and lately the bumiputera states the record for having the highest employment rate among malay university graduates. Although the manufacturing sectors display a tremendously high rate or malay labor force, most of them are employed in the lower level or non-manegerial level of occupations. How to cite Malaysian Economics, Papers

Sydney Walker just ask Shakespeare Essay Example For Students

Sydney Walker: just ask Shakespeare Essay Sydney Walker speaks to the gods. Which ones? William Shakespeare, Charles Dickens, Laurence Olivier, Richard Burton and other deities of the theatre, who have taken time off their otherworldly duties to talk with the veteran San Francisco actor. Actors will be envious of Walker. Others may be skeptical. But its impossible not to believe the imposing Walker a vision of a god himself in his silver hair and beard grown long for Oregon Shakespeare Festivals recent production of King Lear in Portland when he confides that he has twice talked to Shakespeare through a medium. Without a hint of sheepishness or self-consciousness, Walker tells of speaking with Shakespeare last fall while preparing to play Lear. Did Shakespeare have any advice for Walker? No, except to say the play is spiritually loaded as a piece of writing. He was very aware that I was doing it. Advice from the past Walker says he has also spoken with actors Clark Gable, Harold Lloyd, Claude Rains and Gary Cooper. He asks them or they offer to contribute energy to his work. Rains, for example, helped Walker with his role as Prospero in the San Francisco Shakespeare Festivals production of The Tempest last fall. Walkers ritual before performing Lear each night was to reflect on Charles Laughton, Ralph Richardson, Burton and Olivier, most of whom played Lear in their careers. I invite them into me, explains Walker. It is a ritual with me to thank them. Lear may hath ever but slenderly known himself, but Walker, who is 71, brims with self-knowledge that he reveals in conversation as easily as if he were discussing his next role. What Lear is compelled to learn in a few days the power of love and loyalty, an understanding of his place in the world Walker has known for a long time. And part of that knowledge comes from his long-distance conversations with the greats. A family of psychics A member of American Conservatory Theatre, Walker attends the Church of Prayer a group of like-minded people who all have psychic ability. Sometimes other members pass on information to him from spirits with whom theyve communicated. Ive been told I had a life in Elizabethan times, Walker says which might explain his proficiency with Shakespeares plays. In this life, Walker, who is soft-spoken and gentle despite his larger-than-life presence on and off stage, was born in Philadelphia to a family filled with psychics. He had his first introduction to the theatre in the form of opera in Buenos Aires, where his family lived when he was young. Walker studied acting at Hedgerow Theatre in Pennsylvania, was a member of the Association of Producing Artists company in New York, and joined ACT in 1974. His career has taken him from Broadway (he was Oliviers co-star in Becket) to film (he was the doctor who told Ryan ONeal that Ali MacGraw was dying in Love Story). He played Lear once before, nearly 40 years ago, Off Broadway. When I was young, I thought there was no reason for Lear to go off the handle, Walker remembers. I couldnt understand it. I didnt have the vulnerability. I was too young for the part, physically and spiritually. Now I am ready to invest it with my own life experience. The stamina required is considerable. But my age is an attribute. It makes it |righter.' Most of Walkers career has been in West Coast repertory theatre. If you want to own a kidney-shaped swimming pool in L.A., Walker laments, there are easier ways to get it and make money than to act in theatre. .u898076b601b954e41fec694a61a48ed1 , .u898076b601b954e41fec694a61a48ed1 .postImageUrl , .u898076b601b954e41fec694a61a48ed1 .centered-text-area { min-height: 80px; position: relative; } .u898076b601b954e41fec694a61a48ed1 , .u898076b601b954e41fec694a61a48ed1:hover , .u898076b601b954e41fec694a61a48ed1:visited , .u898076b601b954e41fec694a61a48ed1:active { border:0!important; } .u898076b601b954e41fec694a61a48ed1 .clearfix:after { content: ""; display: table; clear: both; } .u898076b601b954e41fec694a61a48ed1 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .u898076b601b954e41fec694a61a48ed1:active , .u898076b601b954e41fec694a61a48ed1:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u898076b601b954e41fec694a61a48ed1 .centered-text-area { width: 100%; position: relative ; } .u898076b601b954e41fec694a61a48ed1 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u898076b601b954e41fec694a61a48ed1 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u898076b601b954e41fec694a61a48ed1 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .u898076b601b954e41fec694a61a48ed1:hover .ctaButton { background-color: #34495E!important; } .u898076b601b954e41fec694a61a48ed1 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u898076b601b954e41fec694a61a48ed1 .u898076b601b954e41fec694a61a48ed1-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u898076b601b954e41fec694a61a48ed1:after { content: ""; display: block; clear: both; } READ: Made in Montgomery: sighting heroes and villains on ASF stages, and off EssayStill, Richard Seyd, associate artistic director of ACT, who cast and directed Walker in Portlands King Lear, calls him one of the hidden treasures of the American theatre. Next season hell play opposite Jean Stapleton in ACTs production of The Learned Ladies. Walkers work in the movies has been small parts, but he expects that to change with this summers release of Prelude to a Kiss, based on Craig Lucass hit Broadway play. In the film, Walker repeats the part he played in the Berkeley Repertory Theatres 1988 production, that of the old man who trades bodies with a young women at her wedding. Hes leaving some time in his acting schedule for other films. Dickens gets excited As Leslie Howard told me, |You know, my screen career started late in life, too,' Walker says with a matter-of-fact smile. (Thats Leslie Howard, the British actor who died in 1943. Walkers conversation with him came years later.) Walker, who annually plays Scrooge in ACTs A Christmas Carol, has talked with Charles Dickens three times. He was always excited when wed put on Christmas Carol, he says. With his access to the legends of the theatre, Walker can learn the secrets of the ages and settle centuries-old disputes. Like the one about the Bard himself. Francis Bacon didnt write any of Shakespeares plays, Walker insists. Shakespeare wrote all of them and hes still writing.

Religion Essays (719 words) - Stephen Crane, Repentance, Blue Hotel

Religion Role It is not surprising for an author's background and surroundings to profoundly affect his writing. Having come from a Methodist lineage and living at a time when the church was still an influential facet in people's daily lives, Stephen Crane was deeply instilled with religious dogmas. However, fear of retribution soon turned to cynicism and criticism of his idealistic parents' God, "the wrathful Jehovah of the Old Testament", as he was confronted with the harsh realities of war as a journalistic correspondent. Making extensive use of religious metaphors and allusions in The Blue Hotel (1898), Crane thus explores the interlaced themes of the sin and virtue. Ironically, although "he disbelieved it and hated it," Crane simply "could not free himself from" the religious background that haunted his entire life. His father, a well-respected reverend in New Jersey, advocated Bible reading and preached "the right way." Similarly, his mother, who "lived in and for religion," was influential in Methodist church affairs as a speaker and a journalist in her crusade against the vices of her sinful times . This emotional frenzy of revival Methodism had a strong impact on young Stephen. Nonetheless, he -- falling short of his parents' expectations on moral principles and spiritual outlook -- chose to reject and defy all those abstract religious notions and sought to probe instead into life's realities. Moreover, Crane's genius as "an observer of psychological and social reality" was refined after witnessing battle sights during the late 19th century. What he saw was a stark contrast of the peacefulness and morality preached in church and this thus led him to religious rebelliousness. As a prisoner to his surroundings, man (a soldier) is physically, emotionally, and psychologically challenged by nature's indifference to humankind. For instance, in the story, "what traps the Swede is his fixed idea of his environment," but in the end, it is the environment itself -- comprised of the Blue Hotel, Sculley, Johnnie, Cowboy Bill, the Easterner, and the saloon gambler -- that traps him. To further illustrate how religion permeated into Crane's writing, many scenes from The Blue Hotel can be cited. Similar to the biblical Three Wise Men, three individuals out of the East came traveling to Palace Hotel at Fort Romper. The issue explored is the search for identity and the desire of an outsider (the Swede) to define himself through conflict with a society. Referring then to the martyr-like Swede, who is convinced that everyone is against him, the Easterner says "... he thinks he's right in the middle of hell". On the contrary, the Blue Hotel can be seen as a church, with its proprietor Patrick Scully who looks "curiously like an old priest" and who vows that "a guest under my roof has sacred privileges". Personification of a wrathful God is portrayed when the guests are escorted through the portals of a room that "seemed to be merely a proper temple for an enormous stove...humming with god-like violence". Additionally, alluding to baptism, the guests then formed part of a "series of small ceremonies" by washing themselves in the basins of water. To further prove the innocence of his building, Scully points out the pictures of his little girl on the wall. All in all, in contrast to the safe haven of the hotel, the reality is that "hell" turns out to be the red-lighted town saloon where the Swede is eventually murdered. Another recurring topic in Crane's writing is the responsibility for a man's death. For not acting upon his knowledge of Johnnie's sin (his lying and cheating at the card game), the Easterner is portrayed as a betrayer, with guilt eating him inside. At the beginning, no one at the hotel would discuss fear or death with the Swede. Thus, in repentance on his part, the Easterner comments, "Every sin is the result of a collaboration". Indeed, in the end, the conspiracy of silence between the 5 men involved in the murder leads to a brutal result: The Swede "losses fear and gains death". A rhetorical question is left then for the reader to reflect upon, posed innocently by the Cowboy, "Well, I didn't do anythin', did I?". In conclusion, it can be seen that -- through the exploration of responsibility, guilt, betrayal, and repentance -- Stephen Crane develops the theme that man is alone in a hostile society and nature. The virtuous religious dogmas cannot always explain and help make sense of the cruel realities that each of us faces. Thus, it is only through trusting "the God of [one's] inner thoughts" that one can

Free Essays on Slavery In The American Colonies

Historically, slavery has appeared in many forms. Slaves have served in capacities as diverse as concubines, warriors, servants, craftsmen, tutors, and victims of ritual sacrifice. In the Americas, however, slavery emerged as a system of forced labour designed to facilitate the building of new economies. The use of African slave labour assumed different roles depending on the natural and economic conditions that varied between colonial regions. Slavery was a social institution defined by law and custom as the most absolute involuntary form of human servitude. The definitive characteristics of slaves are as follows: their labour or services were obtained through force; their physical beings were regarded as the property of another person, their owner; and they were entirely subject to their owner's will. Since the earliest times, slaves have been legally defined as chattel. Therefore, they could be bought, sold, traded, given as a gift, or pledged for a debt by their owner, usually without any recourse to personal or legal objection or restraint. With the development of the plantation system in the southern colonies in the latter half of the 17th century, the number of Africans imported as agricultural slave labourers increased significantly. Generally, slaves were used as domestics and in trade in the northern colonies; in the Middle Atlantic colonies, they were used more in agriculture; and in the southern colonies, where plantation agriculture was the primary occupation, most slaves were used to work the plantations. All the colonies in their early stages shared a common dependence upon the exploitation of subject people to achieve a measure of prosperity. The purpose of this paper is to explore the emergence and growth of slavery in North America. Specifically, I will examine how the occupations, working conditions and status of slaves evolved in various colonies from their arrival in 1619, through the American Revolution... Free Essays on Slavery In The American Colonies Free Essays on Slavery In The American Colonies Historically, slavery has appeared in many forms. Slaves have served in capacities as diverse as concubines, warriors, servants, craftsmen, tutors, and victims of ritual sacrifice. In the Americas, however, slavery emerged as a system of forced labour designed to facilitate the building of new economies. The use of African slave labour assumed different roles depending on the natural and economic conditions that varied between colonial regions. Slavery was a social institution defined by law and custom as the most absolute involuntary form of human servitude. The definitive characteristics of slaves are as follows: their labour or services were obtained through force; their physical beings were regarded as the property of another person, their owner; and they were entirely subject to their owner's will. Since the earliest times, slaves have been legally defined as chattel. Therefore, they could be bought, sold, traded, given as a gift, or pledged for a debt by their owner, usually without any recourse to personal or legal objection or restraint. With the development of the plantation system in the southern colonies in the latter half of the 17th century, the number of Africans imported as agricultural slave labourers increased significantly. Generally, slaves were used as domestics and in trade in the northern colonies; in the Middle Atlantic colonies, they were used more in agriculture; and in the southern colonies, where plantation agriculture was the primary occupation, most slaves were used to work the plantations. All the colonies in their early stages shared a common dependence upon the exploitation of subject people to achieve a measure of prosperity. The purpose of this paper is to explore the emergence and growth of slavery in North America. Specifically, I will examine how the occupations, working conditions and status of slaves evolved in various colonies from their arrival in 1619, through the American Revolution...

Personal Development Planning - Report Assignment

Personal Development Planning - Report - Assignment Example Lastly, a personal development plan aids in creating a plan that a person needs in order to acquire skills that he or she may need for his or her academic studies and their aspired careers. A PDP is of benefit to an individual as a way of assessing their academic performance, professional life as well as their personal life (Hepworth 2011). Some of the advantages of a PDP in ones academic performance are as follows: Creating a balance between personal interests and studies is something that many students fail to achieve. Failing to achieve any of them usually make one feel stressed and their productivity may fall which can affect ones personal relationships. Ability of creating the balance in work life and study is important to students PDP in various ways. First, it improves an individual’s efficiency at work and studies (Hepworth 2011). Working too much or studying for long hours can make one feel fatigued. Lack of breaks can easily affect individuals performance negatively which may result to poor grades at school or poor output for working individuals. Second, it makes one flexible. Flexibility is important in ensuring as well as maintaining balanced work and study life. If this is not achieved, either of the two is bound to fail and lastly, balancing the two makes one feel rewarded. When you feel positively engaged with work, hours seem to pass quickly and so does your performance i mprove. The same applies to studies whereby one starts to improve in his or her studies. In our current generation, being computer literate is an added advantage in almost every type of job. This is usually accompanied by numerical skills which is another marketable skill in the job hunting. Therefore, it is advisable that every student should have recent computer skills and at least some numerical skills. An individual’s ability to read and write and the

Fortifying U.S. National security Essay Example | Topics and Well Written Essays - 4000 words

Fortifying U.S. National security - Essay Example To respond to the first two revolutions requires foreign policy initiatives in the Middle East and elsewhere as bold as the Marshall Plan and as encompassing as energy security. (Tucker, 2006) To create a national security strategy requires an understanding of the changing nature of conflict particularly, and that requires an understanding of the erosion of the sovereignty of nation-states. For 350 years, wars have been fought between the uniformed armies of nations with fixed borders, meeting in the field to achieve a political result. Rules evolved for these wars: Geneva conventions and a body of international law spell out the norms for humane treatment and repatriation of prisoners, the rights of noncombatants, rules against the use of torture, and so forth. Nations disintegrate; and when a nation disintegrates, as in the former Yugoslavia, geographic borders warp and sometimes evaporate. (Clancey, 2006) Indeed, part of the process of creating peace among ethnic combatants in a disintegrating nation involves drawing new boundaries and building new nations. And now, in the new age of terrorism, United States experience violence being perpetrated by combatants in civilian clothes, representing no nation, attacking civilian targets, with no political agenda, and possessing only a fanatical commitment to destruction for its own sake. When the nature of conflict changes, the means of assuring security must also change. New forms of violence resemble war, but by historic standards they are not. What is this new conflict, and how should United States deal with it United States call much of this new kind of violence terrorism. But labeling every bad actor a terrorist tempts us to embrace wretched allies on the always-dubious theory that the enemy of our enemy is our friend. On this same theory, United States supported undemocratic and repressive authoritarian oligarchies during the Cold War simply because they were opposed to communism. (Howard, 2006) United States set about assassinating foreign leaders United States did not like. The bills United States accrue from despicable allies and unprincipled policies that undermine the very principles United States claim to defend, however, always come due. In the past ten years, United States have seen a dozen or more low intensity conflicts between tribes, clans, and gangs. United States participated in some, including in Somalia, where United States experienced the painful consequences of brawling, however well intentioned, in another man's alley as memorialized in the fi lm Black Hawk Down. United States passively observed similar bloody confl icts, in Rwanda and elsewhere, where the weapon of choice, a machete, dated to the Bronze Age. (Korb, 2006) United States successfully formed a "coalition of the willing," essentially an ad hoc international posse, in Bosnia, Kosovo, and Kuwait. United States earned a quick victory in Kuwait largely due to intensive bombing and maneuver

Finance Assignment Example | Topics and Well Written Essays - 250 words - 1

Finance - Assignment Example January effect is important because it creates an opportunity for investors to purchase stocks at a lower price before January and sell them when their value increases. This effect is also useful as it indicates the inefficiency in the stocks markets. Weekend effect is used to indicate a pattern in which the stock market tends to perform very well on the Fridays and poorly on Mondays. Thus the prices of the securities and volumes are highest on the Fridays and lowest on Mondays. This effect is important because it is used for speculation. Apple effect originated from the scenario of the huge surge in the indices figures as a result of the inclusion of the Apple shares in the S&P index. It is used to refer to a market abnormality that result when an attractive company is included or is expected to be included in the index. Turn of the year effect is a stock market anomaly used to describe a pattern in which the trading volume and the prices of stock increase in the last week of December and the first two weeks of January. This situation is applied for speculation purposes by stakeholders in the financial markets. Size effect is used in the stock market to refer to a market anomaly in which the performance of the small companies based on the market value exceeds those of the large companies. Size effect is useful because it is used to reflect a credit risk premium in the market. Momentum effect is used in the stock markets to refer to a situation in which within a period of 3 to 12 months, the past stock winners will always continue to perform better than the losers. The stock momentum is the force in the stock prices in which stocks with the past strong performances tend to perform well even in the future while those with poor performance history tends to perform poorly even in the future. This phenomenon is useful

Recycled Concrete Aggregate and Implementation Problem

Recycled Concrete Aggregate and Implementation Problem Aggregate is one of the most vitally important materials in use for production as it profoundly influences concrete properties and performances. In terms of volume, aggregate is now one of the most widely used materials in the construction industry and, consequently, its treatment at the point of demolition is attracting mush interest. This is to represent total aggregate production, including usage in concrete and road base. Aggregate usage in concrete constitutes perhaps between 25 and 35 per cent of the total aggregate production. The sheer bulk of global aggregate usage is staggering. The above inevitably impacts on the environment due to the great huge quantity of general and construction waste materials or from building demolition site generated in developed countries. The disposal of all this waste has become a harsh social and environmental problem. This is a large burden on the worldà ¢Ã¢â€š ¬Ã¢â€ž ¢s natural resources and an increasingly expensive problem for solid waste management. Therefore, a possible alternative aggregate method to overcome this issue may be using recycled concrete aggregate instead of natural aggregate in construction task. The solution not only helps preserve and expand the natural resources, but also can reduce waste disposal costs as well as the removal of waste at landfills requirements. In this project, the order most important issue is to determine the best solution to make the recycled concrete aggregate economical for most infrastructure tasks especially in structural concrete. The degree of potential recycling of construction waste will show how the changes to become a new source or production, and find out whether it applies to, or less in Malaysia. Therefore, it can become a reference of implementation to the developers and contractors or increase recycling percentage of construction waste of their construction project. RESEARCH GOAL 1.2.1 TITLE The use of recycled concrete aggregate and implementation problem recycle in Malaysia. 1.2.2 AIM The research is to study how the recycled concrete aggregate be produced and its application. Besides that, the research also to examine the implementation problem for recycling concrete or aggregate in Malaysia construction industry. 1.2.3 OBJECTIVE 1) To define the method of recycling aggregate for use in concrete 2) To find out the application of recycled concrete aggregate 3) To determine the implementation problem of recycling concrete or aggregate in Malaysia. HYPOTHESIS Although the concrete or aggregate waste in Malaysia increasing, but Malaysia does not recycling concrete or aggregate rather than other country, such as Japan. RESEARCH QUESTION What are the factors affecting recycling concrete aggregate? How the implementation of recycling concrete aggregate in Malaysia compare with other country. BACKGROUND The recycled concrete aggregate can be defined as crushed concrete composed of aggregate fragments coated with cement paste or cement mortar from the demolition of the old structures or pavements that has been processed to produce aggregates suitable for use in new concrete. (Environmental Council of Concrete Organizations, 1999)The processing, as with many natural aggregates, generally involves crushing, grading and washing. This removes contaminant materials such as reinforcing steel, remnants of formwork, gypsum board, and other foreign materials. (G. D. Taylor, 1991) The application of Recycled Aggregate is mostly currently in low quality/strength concrete, for example, pavement base and slab rather than used in structural concrete. The most common application of Recycled Concrete Aggregate is the use in concrete sub-base in road construction, bank protection, noise barriers and embankments, many types of general bulk fills and fill materials for drainage structures. After the removal of contaminants through selective demolition, screening, and/or air separation and size reduction in a crusher to aggregate sizes, crushed concrete can be used as new concrete for pavements, shoulders, median barriers, sidewalks, curbs and gutters, and bridge foundations; structural grade concrete; soil-cement pavement bases; moulded concrete bricks and blocks, such as bituminous concrete. (Environmental Council of Concrete Organizations, 1999) SCOPE OF STUDY This research will identify about the recycle collection method, technical and process of aggregate is being study. Besides that, is to study the application of recycled concrete aggregate in construction industry. Lastly is the factor which may affecting the recycling potential such as, economic benefit, environment consideration and carry out the recycle service of concrete aggregate also a path of scope of study. The data and information were collected through literature reviews, questionnaires, and case study, all of these are facts and no assumptions have been made. RESEARCH METHODOLOGY In this research paper, information and data will be collected by 3 major approaches, the primary data source which will be postal questionnaire and interview. Secondary data source is literature review. These research methods are being chosen other than the case study because it is more suitable to be used in the research and can be done in a larger scope. Literature study Reference Books and Article In this research, I will get the information from library resource and reference books. Literature review on the topic of this research can find out from Library College. I have also refers the senior dissertation as a references or guideline in order to get some scheme to complete my research. Electronic information For the electronic information, I will search the information from websites for example www.google.com, www.yahoo.com, emerald are used to find the relevant information regarding to my objective and summary for article. Questionnaires For the questionnaire is prepared in order to achieve the objectives. I would like to use postal questionnaires method, which can collect broader perception and data for research analysis and facilitate the outcome of this study. The questionnaires is designed to answers the objective that has been outlined. The questionnaire is distributed to selected construction firm company and experience personnel such as main contractor. In order to obtain a high accuracy of survey, 30 sets of questionnaire are sending out. The next step after the data collection would be data analysis. This method includes compiling all the data collected. The survey is carried out to further look deep into the implementation problem and its factor of recycling in Malaysia construction industry. Interview I would like to use interview as my survey. I selected this methodology because it is face to face communication and can obtain direct respond. Interview methodology will be the structure interview. The interviewees for my survey will be the experience contractor or recycling company. Form the interview, interviewees can provide the right information, valuable opinion, and experience about the factor and implementation problem may affect the recycling potential in Malaysia 1.6 CONTENT OUTLINE Chapter 1: Introduction Chapter 2.1: Recycling and reuse concrete aggregate recycling method for aggregate, which use as concrete Standards and specifications of recycled concrete aggregate Chapter 2.2: The advantages or disadvantages of reuse the recycled material waste Cost, quality and properties Source and environment Chapter 2.3: The application of recycled concrete aggregate The use of recycled concrete material in construction industry Chapter 2.4: The implementation problem recycling concrete aggregate in Malaysia The status of implementation to recycling concrete aggregate The factor of implementation problem recycling concrete aggregate Chapter 5: Designing the case study and research methodology Chapter 6: Analysis and evaluating the case study evidence Chapter 7: Recommendation and conclusion

The Scapegoating of Homosexuals as Threats to Society Essay -- Gay Les

Politics of Exclusion - The Scapegoating of Homosexuals as Threats to Society It is hard to believe that this bill is anything other than a thinly veiled attempt to score political debating points by scapegoating gay and lesbian Americans.-John F. Kerry The monster lulls reason into a night of unknowing in which sleeping leviathans do not lie.-Timothy K. Beal Introduction The scapegoating of homosexuals as monstrous threats to the order of society allows for their exclusion from institutions such as marriage, legal adoption, and The Boy Scouts of America. To reverse this discrimination, we must learn to make room for the chaotic queer monster, to perceive its presence not as threatening, but rather as inevitable, necessary, and vital to the dynamism of our culture. With this shift, we will have the means to create a politics of inclusion. In spite of the pluralistic and egalitarian principles that lie at the foundation of our nation, we live in a culture with little tolerance for deviation from what is considered to be the â€Å"norm.† We have created, and strive to maintain, an illusion of a uniform, ordered, and righteous American lifestyle. From this narrow conception of America, we gain a sense of solidarity and security. Consequently, those who pose a challenge to this ideal are pushed into the margins of society and excluded; they become second-class citizens. As a result of the threat they pose to this limited model of conventional order, gays and lesbians are chief among the subclass of secondary citizens. Unlike other marginalized minority groups, homosexuals are explicitly denied access to institutions central to American life and character, namely, the legal family unit and The Boy Scouts. For, if... ...26 February 2004 . [36] â€Å"Gay Men Lose Fight on Adoption Ban† New York Times On the Web 29 January 2004, 26 February 2004 . [37] Rebecca Walsh, â€Å"For the Family; Lesbian Couple Challenging Gay Adoption Ban in Utah† The Salt Lake Tribune 7 July 2003, 29 February 2004 . [38] Bruce Alpert, â€Å"Debate Grows Over Ban on Adoption by Gays† Newhouse New Service 1 April 2002, 29 February 2004 . [39] Alpert. [40] Alpert. [41] Alpert. [42] Alpert. [43] Walsh. [44] Walsh. [45] Linda Nicholson and Steven Seidman, ed. Social Postmodernism (Cambridge: Cambridge University Press, 1995) 118. [46] Laura Benkov Reinventing the Family (New York: Crown Publishers, 1994) 145. [47] Beal 196 [48] Kantor 5. [49] Beal 10. [50] Beal 196.

Discussion Case: Mountain Bank

At first glance, one would wonder why Mountain bank currently has fifty percent of Retail accounts within the market which are the less profitable accounts in the banking industry. Secondly one would also ask or wonder why Mountain Bank has less than 10 percent of the most profitable accounts in the market, corporate accounts. To achieve a competitive advantage Mountain Bank should implement the cost leadership strategy and the differentiation strategy. Currently Mountain Bank has a strong presence in the Retail Banking line which has proven to be the least profitable line in the industry. Their goal short term goal need to be to own a stronger presence within the more stable and profitable lines, Real Estate and Mortgage and Corporate banking. With the recent mergers and acquisitions, Mountain Bank may have the opportunity to expand and develop efficient methods that will enable them to sell its products and services at a lower price than its competitors. The decrease in the cost of its products and services will attract new customers and retain existing customers. By lowering the interest rates and cost of its products and services to a rate that smaller banks would not be able to compete with, Mountain Bank will gain the leadership of cost within the industry. The success of weeding out the competition will allow Mountain Bank to achieve its goal of obtaining a stronger presence of the most stable and profitable lines within the industry, Real Estate and Mortgage and Corporate accounts. Currently Mountain Bank provides the same four lines of banking (retail, consumer lending, real estate and mortgage and corporate banking), products and services as other banks in the industry. Differentiating its brand would allow Mountain Bank to gain a competitive advantage above its competitors. Mountain Bank would need to offer to its customer’s different and unique products and services that are not offered by its competition. This plan should restrict competitors from entering their market, or make it difficult for them to compete with them head on. The differentiation strategy may include implementing mergers with some larger corporations to obtain exclusive contract to do business with that business. The contract could encompass corporate accounts where Mountain Bank would be the sole provider of the company’s accounts for some of their benefits packages. Based on the universalistic approach and commitment strategy, what types of practices should a human resource professional recommend for Mountain Bank with respect to its tellers? The tellers are the key to the success at Mountain Bank. It is important that Mountain Bank’s human resource team focus on empowering the workers and build a stronger sense of loyalty and commitment within the tellers. Because the tellers are expected to complete some of the task as customer service it is imperative that hr encompass extensive recruiting and training within their hiring process. The tellers should have more involvement with the communication with management. Tellers should be encouraged to make suggestions about their daily responsibilities, customer service, daily goals, quotas, sales projections etc. Training programs should readily be available for those who show that they are able to handle more responsibilities. Of course compensation and appraisal systems should be measured and rewarded to those who use the training effectively on the job. These practices would foster a strong sense of cooperation between management and the tellers. Discuss the four human resource strategies (internal/cost, external cost, internal/differentiation and external/differentiation) that may be implemented within an organization. The Internal/Cost strategy combines the theories of the cost leadership strategy and emphasize on employing individuals with a long term goal of employment with the focus of reducing cost. The employer focuses on satisfying the needs of the employees while the employees work complete their various task in a manner in which to reduce cost for the employer. This is a win-win situation in which employees and employer are both satisfied. Employee satisfaction in turn reduces the likelihood of employee turnover. Mountain Bank would need to implement this strategy to ensure that not only its employees but its frontline employees, the tellers, are satisfied with their job. If they are satisfied then they have a higher chance of building a stronger bond becoming loyal longtime employees which reduces the cost to Mountain Bank in the long run. The Internal Differentiation strategy focuses on hiring and retaining long term employees that specialize in performing certain task with a combination of differentiation. This strategy emphasizes the importance of the employees. It values the employees and provides training to enhance their career within the company. This strategy compensates the employees with high wages/salaries and good benefits packages for their hard work and dedication for the company. These employees are known as the experts within the field. The External Cost strategy also known as the bargain labor strategy focuses on hiring employees with a short term goal while reducing the cost. This strategy unlike the previous two would not offer many perks to its employees. This strategy does not offer room for advancement within the company, and they do not offer training to empower employees to advance their careers. The pay rate for employees within this strategy is usually hourly wages. Employees are thought of as being easily replaced because they are not valued as much compared to the previous two strategies. This is a strategy that should not have top priority for Mountain Bank to implement. External/Differentiation strategy also focuses on hiring employees with a short term goal of employment combined with the differentiation strategy. These employees have critical skills but do not intend to remain loyal long term employees. Little to no training is provided because they are hired based on the skill set and experience they have to perform and complete a certain job/task. Employees who encourage this strategy have no long term commitments for the employees hired. The only portion of this strategy that Mountain Bank should implement is to hire employees that acquire necessary skill sets and experience to perform the job needed. Recommend a human resource strategy for Mountain Bank with respect to its tellers and support the recommendation. The case states that â€Å"bank tellers are crucial to the success of the Mountain bank because they are often times the only person that a customer may come in contact with while visiting the bank. † (Stewart 2008) The bank tellers at Mountain Bank are entry level employees and they receive a low pay. Within their daily responsibilities they are expected to cross sell and convince customers with retail accounts to open corporate accounts or obtain a mortgage from Mountain Bank. In a since, the tellers are also acting as sales reps for Mountain Bank and are not being compensated for the success if a sale is accomplished. It is stated that the employee turnover at Mountain Bank is quite high which means that the employees have a shorter average tenure than those of other companies in the same industry. Because employee turnover at Mountain Bank is quite high they should consider adopting the Internal/Cost HR Strategy: The Loyal Soldier. This strategy emphasizes hiring and retaining loyal employees who will do whatever the company asks of them. The efforts are made to satisfy the needs of employees and build a strong bond that reduces the likelihood of employee turnover. † (Stewart 2008) HR would be responsible for recruiting candidates and hiring employees (tellers) who fit th e organizational culture. Because the bank tellers complete several task, it is safe to assume that Mountain Bank expects them to do whatever the company asks of them like cross sell to existing customers to increase profits. HR will also be responsible for providing tellers with extensive training in a number of different skills. These skills will be related to the teller daily duties/responsibilities i. e. handle a wide range of banking transactions, such as cashing checks, accepting deposits and loan payments, and processing withdrawals. The tellers should also receive extensive training on customer service and sales representative skills as well because they are expected to cross sell and onvince customers with retail accounts to open corporate accounts or obtain a mortgage from Mountain Bank. The sales training crucial to the tellers because it will ensure (1) that they have accurate product knowledge, (2) they are familiar with the company’s sales procedures and (3) they know how to accurately fill out paperwork regarding the successful sale of the product. This process will help improve sales performance in the corporate accounts which are the most profitable accounts within the Mountain. Alongside finding the â€Å"right† employee, the loyal soldier strategy focuses on long term incentives and benefits for its employees. Because the tellers are paid a low wage they should be offered full time employment after a probation period. They should also be offered a benefits package which should include medical dental and the option to purchase stocks within the company. Performance appraisals/evaluations should determine the level of pay increase. This process will result in a great since of pride for the tellers and a strong bond between the employees and Mountain Bank.

Criticisms Against Ethical Theories

Criticisms leveled against Ethical Theories 1. Criticisms leveled against Consequentialism. Consequentialism is based on the consequences of actions. It is sometimes called a teleological theory, from the Greek word telos, meaning goal. According to consequentialism, actions are right or wrong depending on whether their consequences further the goal. The goal (or, â€Å"the good†) can be something like the happiness of all people or the spreading of peace and safety. Anything which contributes to that goal is right and anything which does not is wrong. Actions are thought to have no moral value in themselves (no rightness or wrongness), but only get moral value from whether or not they lead to the goal. John Stuart Mill was a famous consequentialist. Consequentialists would say that killing people is not right or wrong in itself, it depends on the outcome. Killing an innocent child would be a bad thing because it would decrease the happiness of its family and have no good results. Killing a terrorist would be a good thing because, although it would upset his family, it would make people safer. The main criticism of consequentialism is that it would allow any action in pursuit of a good cause, even actions that most people would say were clearly morally wrong, such as torture, killing children, genocide, etc. 2. Criticisms leveled against Deontology The word deontology comes from the Greek word deon, meaning duty. According to this theory, it is your duty to do actions which are right and not do those which are wrong. Actions are thought to be right or wrong in themselves. For example, killing people and lying are wrong, sharing with others who are in need is right. Immanuel Kant was a famous deontologist. E. g. While trekking in the Andes you come across a guerilla leader who has captured 20 local villagers. The guerilla says if you will shoot one hostage he will let the other 19 go free. If you refuse to shoot, he will kill all 20. In the thought experiment the guerilla leader is telling the truth and you have only two choices: to shoot, or to refuse. Choose to shoot, and you are a consequentialist, motivated by saving the 19 innocent people. Choose to refuse, and you are a deontologist, motivated by the fact that it is always wrong to kill an innocent person. The main criticism of deontology is that it is selfish, a way of avoiding getting your hands dirty (in a moral sense) while still allowing terrible things to happen. For instance, in the thought experiment you would not have shot anybody but 20 innocent people would still die. You could have prevented this outcome if you weren't afraid to take any guilt on yourself. 3. Criticisms of Utilitarianism †¢ Distastefulness By far and and away the most common criticism of utilitarianism can be reduced simply to: â€Å"I don't like it† or â€Å"It doesn't suit my way of thinking†. For an example of this, here's something from someone who might prefer to remain nameless. â€Å"Producing the greatest good for the greatest number is fine as long as you are not hurting someone you really love in the process. For instance, with the trolley situation, I would rather kill 5 people on the main track than my mother on the spur track. Utilitarianism runs into problems when sentiment is involved!! â€Å" Utilitarianism is alleged to be faulty in the way it requires us to think about all kinds of actions – to apply the felicific calculus in disregard to any feared distaste of the result. For example, some issues or potential actions are (to a non-utilitarian) â€Å"morally unthinkable†: Utilitarianism does indeed have something to say on this issue – otherwise it would suggest that the life of this extra individual was of no importance. I suggest it as a virtue of utility, that it does not arbitrarily discount value depending on some detail of the situation: all interests count – imply and fairly. The fact that opponents of utilitarianism admit that they won't even consider some situations seems to me to be most damning to their credibility, and indicative of their general irrationality on matters ethical. The argument from distaste is often expressed as a suggestion that utilitarianism doesn't provide enough support for individuals' rights. But what is a r ight, and what is its justification? If the justification of a right depends on its tendency to promote happiness and prevent suffering, then it is entirely redundant since this is the sole purpose of utility. And if rights aren't justified in these terms, how are they justified – what on earth are they actually good for? Of what use are they? It is generally found that the proponent of ethical rights has very unclear thinking as to what rights are and why they (should) exist – and it is therefore of unclear importance that utilitarianism does not support them. Doesn't utilitarianism imply that, if we found a drug which had the sole effect of producing happiness, we ought to mass produce and consume it? And, since happiness is just an emotion which can be chemically induced, isn't it a bit silly to make it the highest order objective? It is quite strange that many people will accept â€Å"the pursuit of happiness† as one of life's fundamental entitlements, yet should suddenly develop ascetic inclinations as soon as the quarry appears obtainable. It seems they don't have a problem with someone trying to achieve happiness, rather they are only concerned when that someone has a reasonable prospect of success in their attempts. Perhaps their fixation with unhappiness would be satisfied by personally abstaining from joy – but, if it goes further such that they would attempt to prevent individuals from attaining happiness even at no cost to others, then (from a utilitarian point of view) such people are despotical and a menace to society. It is possible that many people's aversion to the idea of everlasting happiness is caused by incomplete consideration of the issue. It could be that people have become so jaded by mistaken claims for the desirability of various intentional objects that they believe that drug-induced happiness simply would not be durably satisfying. Since any notion of happiness worthy of the name includes that of satisfaction, it follows that a truly happy person cannot be dissatisfied, so this problem can never arise. Happiness, in the utilitarian sense, includes the exemption from suffering. A charge of triviality for pleasure can perhaps be made, if our only frame of reference is the knowledge of felicific states currently achievable, but it is altogether less plausible against the depths of suffering currently experienced by the world's less fortunate beings. †¢ Impossibility The second most common criticism of utilitarianism is that it is impossible to apply – that happiness (etc) cannot be quantified or measured, that there is no way of calculating a trade-off between intensity and extent, or intensity and probability (etc), or comparing happiness to suffering. If happiness was not measurable, words like â€Å"happier† or â€Å"happiest† could have no meaning: â€Å"I was happier yesterday than I am today† would make no sense at all – it can only have the meaning which we (or most of us, at any rate) know that it has if we assume that happiness can be measured and compared. one should face the fact that goods are not necessarily intersubstitutable and consider the case, for instance, of an intransigent landowner who, when his avenue of limes is to be destroyed for the motorway, asks for 1p compensation, since nothing can be compensation. † [2] (One is reminded of the story of the mother handing out home-baked coo kies as a special treat to her family. The youngest child, on finding his cookie to be slightly smaller than the others, smashes it up and storms out in tears. In his disappointment, he interprets a fine gift as an affront, and he would rather make things worse than better – but then he's only a child. Adults, of course, have much less obvious and more subtle means of smashing their cookies. ) Initially, it seems very odd that the landowner should ask for a penny. If nothing can be compensation, why does he not ask for nothing? What use is this tiny amount of money? Far from suggesting that the trees are invaluable, it suggests that any money he could get for them is worthless to him! But, we may still ask, why the penny? And then we realize: it's a token; a chip in a psychological game (often called â€Å"Poor me! â€Å"). One can imagine the penny being carried about by the ex-landowner, and produced to evict pity from those unfortunates he manages to convince to listen to his story. That will be his best effort at compensating himself. Now suppose the scenario is amended slightly: imagine the landowner's daughter is dying from a terminal disease; that the motorway's supporters offer to pay for the new and expensive cure (which the landowner could not otherwise afford) in exchange for the land; and that they will not proceed without his permission. Are we still to presume that â€Å"nothing can be compensation† for his trees, not even the life of his daughter? Or will the landowner decide that his daughter's life is more important than his pretty view? It seems likely. But suppose not – suppose he chooses to keep the trees and lose his daughter. Does this show that the value of the lime avenue isn't convertible? Of course not, just that he values the trees more than his offspring. If the two different values were inconvertible, he would have no way to decide one way or the other – no way to choose between them. The fact that people can and do weigh-up and trade-off values, for all types of things, shows that it is both possible and practical to do so. In the original scenario, the sensible thing to do would be to ask for enough money to buy a new bit of land, and to plant a new avenue of limes on it; but, since the principle of utility does not imply the absence of fools, this criticism has no effect, and we needn't consider this matter further. †¢ Impracticality The third most common criticism is that it is too difficult to apply – that we cannot calculate all the effects for all the individuals (either because of the large number of individuals involved, and/or because of the uncertainty). The principle of utility is, essentially, a description of what makes something right or wrong – so in order for it to fail, someone must give an example of something which is useful but obviously wrong. The principle does not imply that we can calculate what is right or wrong – completely accurately, in advance, or at all! It does not harm the principle of utility at all merely to comment that it is difficult for us to work out what is right – it is merely a lament against the human condition. The idea of practicality is often used to suggest a problem exists in the theory, when it fact it does not. For example: â€Å"how far does one, under utilitarianism, have to research into the possibilities of maximally beneficent action, including prevention? † [3] The answer is simple, and entirely obvious: as far as it is useful to do so! That is, far enough so that we get the optimal trade-off between planning and implementing, so that we maximize our effectiveness as agents. The does imply that, in some cases, it may not be best to apply the felicific calculus at all: if the problem is one that we have faced many times before, and always reached the same conclusion; or if the case presents itself as an emergency, and isn't open to extended consideration; we can forego the calculus and act immediately. †¢ Insufficiency (of scope) One argument which some people propose as being more sensible than other criticisms, is that utilitarianism is â€Å"fine, so far as it goes†, but that it fails to consider some sources of value, and that it will therefore produce the wrong results when these different sources conflict. There is potential for confusion here – sometimes â€Å"utilitarianism† is used to specifically for â€Å"hedonistic utilitarianism†; and, sometimes, it means a particular class of ethical theory (something like â€Å"value-maximizing consequentialism†) †¦ under this meaning, an ethical theory which held the existence of plastic forks as supremely valuable, and therefore tried to maximize their number, would be â€Å"plastic fork utilitarianism†. [5] So, theories which have other intrinsic values than happiness and exemption from suffering can be accommodated within a utilitarian scheme. As for those other things that are suggested as having value, there are a few worth mentioning: â€Å"life†, â€Å"friendship†, and â€Å"knowledge† among them. I think it is notable that these things are valued, but that they also generally create happiness†¦ I suggest the reason that they are valued is precisely because they promote happiness. But, if they didn't, would we still value them? Does someone who suffers too much still value their life? Surely not, or else there would be no suicides. Do we value a friendship if we get no pleasure from it? On the contrary, it is more likely that we would define our friends as those people about whom we enjoyed being. And is it worthwhile learning and philosophising, if our knowledge is never of any use at all? Or, rather, is it just so much meta-physical stamp collecting? The case against these â€Å"other† goals is quite clear. 4. A Critique of Ethical Egoism Ethical egoism, like all exclusively subjective philosophies, is prone to constant self-contradiction because it supports all individuals' self interests. It also can lead to very unpleasant conclusions, such as choosing not to intervene in a crime against another. Egoists have difficulty judging anything that does not deal with them, which is one reason why ethical egoism is so impractical for people who are very aware of the world. The very legitimacy of the theory is often called into question because it prevents its own adherents from taking reasonable stances on major political and social issues and cannot in itself solve these issues. 5. Criticisms against Ethical Relativism A common argument against relativism suggests that it inherently contradicts, refutes, or stultifies itself: the statement â€Å"all is relative† classes either as a relative statement or as an absolute one. If it is relative, then this statement does not rule out absolutes. If the statement is absolute, on the other hand, then it provides an example of an absolute statement, proving that not all truths are relative. However, this argument against relativism only applies to relativism that positions truth as relative–i. e. pistemological/truth-value relativism. More specifically, it is only strong forms of epistemological relativism that can come in for this criticism as there are many epistemological relativists who posit that some aspects of what is regarded as â€Å"true† are not universal, yet still accept that other universal truths exist (e. g. gas laws). However, such exceptions need to be carefully justified, or â€Å"anything goes†. Another argume nt against relativism posits a Natural Law. Simply put, the physical universe works under basic principles: the â€Å"Laws of Nature†. Some contend that a natural Moral Law may also exist, for example as argued by Richard Dawkins in The God Delusion (2006)[35] and addressed by C. S. Lewis in â€Å"Mere Christianity† (1952). [36] Dawkins said â€Å"I think we face an equal but much more sinister challenge from the left, in the shape of cultural relativism – the view that scientific truth is only one kind of truth and it is not to be especially privileged. â€Å"[37] Aside from the general legitimacy of relativism, critics say it undermines morality, possibly resulting in anomie and complete Social Darwinism. Relativism denies that harming others is wrong in any absolute sense. The majority of relativists, of course, consider it immoral to harm others, but relativist theory allows for the opposite belief. In short, if an individual can believe it wrong to harm others, he can also believe it right–no matter what the circumstances. The problem of negation also arises. If everyone with differing opinions is right, then no one is. Thus instead of saying â€Å"all beliefs (ideas, truths, etc. ) are equally valid,† one might just as well say â€Å"all beliefs are equally worthless†. (see article on Doublethink). Another argument is that if relativism presupposes that â€Å"all beliefs are equally valid,† it then implies that any belief system holding itself to be the only valid one is untrue, which is a contradiction. An argument made by Hilary Putnam,[38] among others, states that some forms of relativism make it impossible to believe one is in error. If there is no truth beyond an individual's belief that something is true, then an individual cannot hold their own beliefs to be false or mistaken. A related criticism is that relativizing truth to individuals destroys the distinction between truth 6. Criticism of Virtue Ethics: According to critics, a major problem with the theory is the difficulty of establishing the nature of the virtues, especially as different people, cultures and societies often have vastly different opinions on what constitutes a virtue. Some proponents counter-argue that any character trait defined as a virtue must be universally regarded as a virtue for all people in all times, so that such cultural relativism is not relevant. Others, however, argue that the concept of virtue must indeed be relative and grounded in a particular time and place, but this in no way negates the value of the theory, merely keeps it current. Another objection is that the theory is not â€Å"action-guiding†, and does not focus on what sorts of actions are morally permitted and which ones are not, but rather on what sort of qualities someone ought to foster in order to become a good person. Thus, a virtue theorist may argue that someone who commits a murder is severely lacking in several important virtues (e. g. compassion and fairness, among others), but does proscribe murder as an inherently immoral or impermissible sort of action, and the theory is therefore useless as a universal norm of acceptable conduct uitable as a base for legislation. Virtue theorists may retort that it is in fact possible to base a judicial system on the moral notion of virtues rather than rules (modern theories of law related to Virtue Ethics are known as virtue jurisprudence, and focus on the importance of character and human excellence as opposed to moral rules or consequences). They argue that Virtue Ethics can also be action-guiding through observance of virtuous agents as examplars, and through the life-long process of moral learning, for which quick-fix rules are no substitute. Some have argued that Virtue Ethics is self-centred because its primary concern is with the agent's own character, whereas morality is supposed to be about other people, and how our actions affect other people. Thus, any theory of ethics should require us to consider others for their own sake, and not because particular actions may benefit us. Some argue that the whole concept of personal well-being (which is essentially just self-interest) as an ethical master value is mistaken, especially as its very personal nature does not admit to comparisons between individuals. Proponents counter that virtues in themselves are concerned with how we respond to the needs of others, and that the good of the agent and the good of others are not two separate aims, but both result from the exercise of virtue. Other critics are concerned that Virtue Ethics leaves us hostage to luck, and that it is unfair that some people will be lucky and receive the help and encouragement they need to attain moral maturity, while others will not, through no fault of their own. Virtue Ethics, however, embraces moral luck, arguing that the vulnerability of virtues is an essential feature of the human condition, which makes the attainment of the good life all the more valuable. †¢ Cultural diversity Some criticize virtue ethics in relation to the difficulty involved with establishing the nature of the virtues. They argue that different people, cultures, and societies often have vastly different perspectives on what constitutes a virtue. For example, many would have once considered a virtuous woman to be quiet, servile, and industrious. This conception of female virtue no longer holds true in many modern societies. Alasdair MacIntyre responds to this criticism, by arguing that any account of the virtues must indeed be generated out of the community in which those virtues are to be practiced: The very word â€Å"ethics† implies â€Å"ethos. † That is to say that the virtues are, and necessarily must be, grounded in a particular time and place. What counts as virtue in fourth century Athens would be a ludicrous guide to proper behavior in twenty-first century Toronto, and vice versa. But, the important question in virtue ethics as to what kind of person one ought to be, which may be answered differently depending on the ethos, can still give real direction and purpose to people. †¢ Lack of moral rules Another criticism of virtue ethics is that it lacks absolute moral rules which can give clear guidance on how to act in specific circumstances such as abortion, embryo research, and euthanasia. Martha Nussbaum responds to this criticism, by saying that there are no absolute rules. In a war situation, for example, the rule that you must not kill an innocent person is impractical. According to Nussbaum, it is the virtues that are absolutes, and we should strive for them. If elected leaders strive for them, things will go well. On the issue of embryo research, Alasdair MacIntyre suggests that people first need to understand the social situation in which although many people are negative about embryonic stem-cell research, they are not upset with the fact that thousands of embryos actually die at various stages in the IVF (in vitro fertilization) process. Then, says MacIntyre, people need to approach the issue with virtues such as wisdom, right ambition, and temperance. Thus, some virtue ethicists argue that it is possible to base a judicial system on the moral notion of virtues rather than on rules. 7. Critiques of Normative Contractarianism Many critiques have been leveled against particular contractarian theories and against contractarianism as a framework for normative thought about justice or morality. (See the entry on contemporary approaches to the social contract. ) Jean Hampton criticized Hobbes in her book Hobbes and the Social Contract Tradition, in a way that has direct relevance to contemporary contractarianism. Hampton argues that the characterization of individuals in the state of nature leads to a dilemma. Hobbes' state of nature as a potential war of all against all can be generated either as a result of passions (greed and fear, in particular) or rationality (prisoner's dilemma reasoning, in which the rational players each choose to renege on agreements made with each other). But if the passions account is correct, then Hampton argues, the contractors will still be motivated by these passions after the social contract is drawn up, and so will fail to comply with it. And if the rationality account is correct, then rational actors will not comply with the social contract any more than they will cooperate with each other before it is made. This critique has an analog for Gauthier's theory, in that Gauthier must also claim that without the contract individuals will be stuck in some socially sub-optimal situation that is bad enough to motivate them to make concessions to each other for some agreement, yet the reason for their inability to cooperate without the contract cannot continue to operate after the contract is made. Gauthier's proposed solution to this problem is to argue that individuals will choose to dispose themselves to be constrained (self-interest) maximizers rather than straightforward (self-interest) maximizers, that is, to retrain themselves not to think first of their self-interest, but rather to dispose themselves to keep their agreements, provided that they find themselves in an environment of like-minded individuals. But this solution has been found dubitable by many commentators. (See Vallentyne, 1991) Hampton also objects to the contemporary contractarian assumption that interaction is merely instrumentally valuable. She argues that if interaction were only valuable for the fruits of cooperation that it bears for self-interested cooperators, then it would be unlikely that those cooperators could successfully solve the compliance problem. In short, they are likely not to be able to motivate morality in themselves without some natural inclination to morality. Interestingly, Hampton agrees with Gauthier that contractarianism is right to require any moral or political norms to appeal to individuals self-interest as a limitation on self-sacrifice or exploitation of any individual. In an important article, â€Å"On Being the Object of Property,† African-American law professor Patricia Williams offers a critique of the contract metaphor itself. Contracts require independent agents who are able to make and carry out promises without the aid of others. Historically, while white men have been treated as these pure wills of contract theory, Blacks and women have been treated as anti-will: dependent and irrational. Both ideals are false; whole people, she says, are dependent on other whole people. But by defining some as contractors and others as incapable of contract, whole classes of people can be excluded from the realm of justice. This point has been taken up by other critics of contractarianism, such as Eva Kittay (1999) who points out that not only are dependents such as children and disabled people left out of consideration by contractarian theories, but their caretakers' needs and interests will tend to be underestimated in the contract, as well. David Hume was an early critic of the validity of social contract theory, arguing against any theory based on a historical contract, on the grounds that one should not be bound by the consent of one's ancestors. He also questioned to what extent the fall-back â€Å"state of nature† which underlies most social contract theory is actually historically accurate, or whether it is just a hypothetical or possible situation. Others have pointed out that, with an assumed initial position which is sufficiently dire (such as that posited by Hobbes), Contractarianism may lead to the legitimization of Totalitarianism (as Hobbes himself foresaw). Some commentators have argued that a social contract of the type described cannot be considered a legitimate contract at all, on the grounds that the agreement is not fully voluntary or without coercion, because a government can and will use force against anyone who does not wish to enter into the contract. In Rousseau's conception of the social contract, even individuals who disagree with elements of the social contract must nevertheless agree to abide by it or risk punishment (they must be â€Å"forced to be free†). It is argued that this idea of force negates the requirement that a contract be entered into voluntarily, or at least to permit individuals to abstain from entering into a contract. In response, it has been countered that the name â€Å"contract† is perhaps misleading (â€Å"social compact† has been suggested as an alternative), and that anyway individuals explicitly indicate their consent simply by remaining in the jurisdiction. Either way, social contract theory does seem to be more in accordance with contract law in the time of Hobbes and Locke (based on a mutual exchange of benefits) than in our own. Other critics have questioned the assumption that individuals are always self-interested, and that they would actually want the benefits of society supposedly offered by the contract. A further objection sometimes raised is that Contractarianism is more of a descriptive theory than a normative guide or a justification. 8. Critiques of Rights Theory Critiques of rights come in two forms. The first is an attack on the substance of doctrines that give rights a central place. These critiques allege that the content of such doctrines is, in one way or other, malformed or unjustified. Here we find, for example, the criticism that natural rights doctrines are â€Å"so much flat assertion,† and that utilitarian rights tend to be implausibly weak. The second form of critique attacks the language of rights itself. The objection here is that it is inappropriate or counterproductive to express at least some kinds of normative concerns in terms of rights. We should, according to the second form of critique, reduce or avoid â€Å"rights talk. †¢ Critiques of Rights Doctrine Marx attacked the substance of the revolutionary eighteenth century American and French political documents that proclaimed the fundamental â€Å"rights of man†: liberty, equality, security, property, and the free exercise of religion. Marx objected that these alleged rights derive from a false conception of the human individual as unrelated to others, as having interests can be defined without reference to others, and as always potentially in conflict with others. The rights-bearing individual is an â€Å"isolated monad†¦ withdrawn behind his private interests and whims and separated from the community. † (Marx 1844, 146) The right of property, Marx asserted, exemplifies the isolating and anti-social character of these alleged rights of man. On the one hand, the right of property is the right to keep others at a distance: the legal equivalent of a barbed wire fence. On the other hand, the right of property allows an owner to transfer his resources at his own pleasure and for his own gain, without regard even for the desperate need for those resources elsewhere. Similarly, Marx held that the much-celebrated individual right to liberty reinforces selfishness. Those who are ascribed the right to do what they wish so long as they do not hurt others will perpetuate a culture of egoistic obsession. As for equality, the achievement of equal rights in a liberal state merely distracts people from noticing that their equality is purely formal: a society with formally equal rights will continue to be divided by huge inequalities in economic and political power. Finally, these so-called â€Å"natural† rights are in fact not natural to humans at all. They are simply the defining elements of the rules of the modern mode of production, perfectly suited to fit each individual into the capitalist machine. Communitarians (Taylor, Walzer, MacIntyre, Sandel) sound several of the same themes in their criticisms of contemporary liberal and libertarian theories. The communitarians object that humans are not, as such theories assume, â€Å"antecedently individuated. † Nozick's â€Å"state of nature† theorizing, for example, errs in presuming that individuals outside of a stable, state-governed social order will develop the autonomous capacities that make them deserving of rights. Nor should we attempt, as in Rawls's original position, to base an argument for rights on what individuals would choose in abstraction from their particular identities and community attachments. There is no way to establish a substantive political theory on what all rational agents want in the abstract. Rather, theorists should look at the particular social contexts in which real people live their lives, and to the meanings that specific goods carry within different cultures. This criticism continues by accusing liberal and libertarian theories of being falsely universalistic, in insisting that all societies should bend themselves to fit within a standard-sized cage of rights. Insofar as we should admit rights into our understanding of the world at all, communitarians say, we should see them as part of ongoing practices of social self-interpretation and negotiation— and so as rules that can vary significantly between cultures. These kinds of criticisms have been discussed in detail (e. g. Gutmann 1985, Waldron 1987b, Mulhall and Swift 1992). Their validity turns on weighty issues in moral and political theory. What can be said here is that a common theme in most of these criticisms—that prominent rights doctrines are in some way excessively individualistic or â€Å"atomistic†Ã¢â‚¬â€need not cut against any theory merely because it uses the language of rights. Ignatieff (2003, 67) errs, for example, when he charges that â€Å"rights language cannot be parsed or translated into a nonindividualistic, communitarian framework. It presumes moral individualism and is nonsensical outside that assumption. † As we saw above, the language of rights is able to accommodate rightholders who are individuals as such, but also individuals considered as members of groups, as well as groups themselves, states, peoples, and so on. Indeed the non-individualistic potential of rights-language is more than a formal possibility. The doctrine of international human rights—the modern cousin of eighteenth century natural rights theory—ascribes several significant rights to groups. The international Convention against Genocide, for example, forbids actions intending to destroy any national, ethnic, racial or religious group; and both of the human rights Covenants ascribe to peoples the right to self-determination. Such examples show that the language of rights is not individualistic in its essence. †¢ Critiques of the Language of Rights The language of rights can resist the charge that it is necessarily complicit with individualism. However, critics have accused rights talk of impeding social progress: Our rights talk, in its absoluteness promotes unrealistic expectations, heightens social conflict, and inhibits dialogue that might lead toward consensus, accommodation, or at least the discovery of common ground. In its silence concerning responsibilities, it seems to condone acceptance of the benefits of living in a democratic social welfare state, without accepting the corresponding personal and civic obligations†¦. In its insularity, it shuts out potentially important aids to the process of self-correcting learning. All of these traits promote mere assertion over reason-giving. Glendon (1991, 14) here draws out some of the detrimental practical consequences of the popular connection between rights and conclusive reasons that we saw above. Since rights assertions suggest conclusive reasons, people can be tempted to assert rights when they want to end a discussion instead of continuing it. One plays a right as a trump card when one has run out of arguments. Similarly, the ready availability of rights language may lead parties initially at odds with each other toward confrontation instead of negotiation, as each side escalates an arms-race of rights assertions that can only be resolved by a superior authority like a court. One line of feminist theory has picked up on this line of criticism, identifying the peremptory and rigidifying discourse of rights with the confrontational masculine â€Å"voice. † (Gilligan 1993) It is not inevitable that these unfortunate tendencies will afflict those who make use of the language of rights. As we have seen, it may be plausible to hold that each right is â€Å"absolute† only within a elaborately gerrymandered area. And it may be possible to produce deep theories to justify why one has the rights that one asserts. However, it is plausible that the actual use of rights talk does have the propensities that Glendon suggests. It seems no accident that America, â€Å"the land of rights,† is also the land of litigation. Another deleterious consequence of rights talk that Glendon picks out is its tendency to move the moral focus toward persons as rightholders, instead of toward persons as bearers of responsibilities. This critique is developed by O'Neill (1996, 127–53; 2002, 27–34). A focus on rightholders steers moral reasoning toward the perspective of recipience, instead of toward the traditional active ethical questions of what one ought to do and how one ought to live. Rights talk also leads those who use it to neglect important virtues such as courage and beneficence, which are duties to which no rights correspond. Finally, the use of rights language encourages people to make impractical demands, since one can assert a right without attending to the desirability or even the possibility of burdening others with the corresponding obligations. Criticisms such as O'Neill's do not target the language of rights as a whole. They aim squarely at the passive rights, and especially at claim-rights, instead of at the active privileges and powers. Nevertheless, it is again plausible that the spread of rights talk has encouraged the tendencies that these criticisms suggest. The modern discourse of rights is characteristically deployed by those who see themselves or others as potential recipients, entitled to insist on certain benefits or protections. Describing fundamental norms in terms of rights has benefits as well as dangers. The language of rights can give clear expression to elaborate structures of freedom and authority. When embodied in particular doctrines, such as in the international human rights documents, the language of rights can express in accessible terms the standards for minimally acceptable treatment that individuals can demand from those with power over them. Rights are also associated with historical movements for greater liberty and equality, so assertions of rights in pursuit of justice can carry a resonance that other appeals lack. Whether these benefits of using rights language overbalance the dangers remains a live question in moral, political and legal theory. †¢ The Critique of Rights The critique of rights developed by critical legal theorists has five basic elements: o The discourse of rights is less useful in securing progressive social change than liberal theorists and politicians assume. Legal rights are in fact indeterminate and incoherent. o The use of rights discourse stunts human imagination and mystifies people about how law really works. o At least as prevailing in American law, the discourse of rights reflects and produces a kind of isolated individualism that hinders social solidarity and genuine human connection. o Rights discourse can actually impede progressive movement for genuine democracy and justice. Right s should not be credited with progressive political advances. In â€Å"The Critique of Rights,† 47 SMU Law Review, Mark Tushnet emphasizes the first theme in arguing that progressive lawyers overestimate the importance of their work because of an inflated and erroneous view of the role of the Supreme Court in advancing progressive goals in the 1960s. That period of judicial leadership was aberrational in American history and also more reactive and pro-active, depending on mass social movements rather than lawyers’ arguments. Legal victories also are often not enforced; judicial victories do not obviate the need for ongoing political mobilization. Legal victories may have ideological value even where they lack material effects; a court victory can mark the entry of previously excluded groups into the discourse of rights which holds ideological importance inside the nation. Nonetheless, legal and political cultures inside the United States can also produce large consequences from judicial losses for relatively powerless groups. Losing a case based on a claim of rights may in some cases lead the public to think that the claims have no merit and need not be given weight in policy debates. Robert Gordon similarly argues that even noted legal victories for blacks, for labor, for the poor, and for women did not succeed in fundamentally altering the social power structure. â€Å"The labor movement secured the vitally important legal right to organize and strike, at the cost of fitting into a framework of legal regulation that certified the legitimacy of managements making most of the important decisions about the conditions of work. † Robert Gordon, â€Å"Some Critical Theories of law and Their Critics,† in The Politics of Law 647 (David Kairys ed. , third edition, Basic Books: New York, 1998). Moreover, rights are double-edged, as demonstrated in the content of civil rights. â€Å"Floor entitlements can be turned into ceilings (you’ve got your rights, but that’s all you’ll get). Formal rights without practical enforceable content are easily substituted for real benefits. Anyway, the powerful can always assert counter rights (to vested property, to differential treatment according to â€Å"merit,† to association with one’s own kind) to the rights of the disadvantaged. â€Å"Rights† conflict and the conflict cannot be resolved by appeal to rights. † Id. , at 657-68. The content of contemporary American rights in particular must be understood as failing to advance progressive causes. Current constitutional doctrine, for example, heavily favors so-called negative liberties (entitlements to be free of government interference) over positive liberties (entitlements to government protection or aid) and thus reinforces the pernicious â€Å"public/private† distinction. That distinction implies that neither government nor society as a whole are responsible for providing persons with the resources they need to exercise their liberties, and indeed, any governmental action risks violating private liberties. Current freedom of speech doctrine accords protection to commercial speech and pornography, limits governmental regulation of private contributions to political campaigns, and forbids sanctions for hate speech. Such rules operate in the often-stirring language of individual freedom, but their effect is more likely to be regressive than progressive. Rights are indeterminate and incoherent. As Mark Tushnet puts it, â€Å"nothing whatever follows from a courts adoption of some legal rule (except insofar as the very fact that a court has adopted the rule has some social impact the ideological dimension with which the critique of rights is concerned. Progressive legal victories occur, according to the indeterminacy thesis, because of the surrounding social circumstances. † At least as they figure in contemporary American legal discourse, rights cannot provide answer to real cases because they are cast at high levels of abstraction without clear application to particular problems an d because different rights frequently conflict or present gaps. Often, judges try to resolve conflicts by attempting to â€Å"balance† individual rights against relevant â€Å"social interests† or by assessing the relative weight of two or more conflicting rights. These methods seem more revealing of individual judicial sensibilities and political pressures than specific reach of specific rights. Moreover, central rights are themselves internally incoherent. The right to freedom of contract, for example, combines freedom with control: people should be free to bind themselves to agreements: the basic idea is private ordering. But the laws reliance on courts to enforce contracts reveals the doctrines grant of power to the government to decide which agreements to enforce, and indeed what even counts as an agreement. Even more basically, freedom of contract implies that the freedom of both sides to the contract can be enhanced and protected, and yet no one stands able to know what actually was in the minds of parties on both sides. Resort to notions of objective intent and formalities replace commitment to the freedom of the actual parties. 3. Legal rights stunt people’s imagination and mystify people about how law really works. The very language of a right, like the right to freedom of contract, appeals to peoples genuine desires for personal autonomy and social solidarity, and yet masks the extent to which the social order makes both values elusive, rite Peter Gabel and Jay Fineman, in Contract Law as Ideology, in The Politics of Law 496,498 (David Kairys, ed. , third edition, Basic Books: New York 1998). Contract law in fact works to conceal the coercive system of relationships with widespread unfairness in contemporary market-based societies. The system of rights renders invisible the persistent functional roles such as landlord, tenant, employer, and individual consumer of products produced by multinational conglomerates, that themselves reflect widely disparate degrees of economic and political power. Contract law is a significant feature in the massive denial of experiences of impotence and isolation and the apology for the system producing such experiences. Similar points can be made about other areas of law. Property rights, for example, imply promotion of individual freedom and security, and yet owners property rights are precisely the justification afforded to the control of others and arbitrary discretion to wreak havoc over the lives of tenants, workers, and neighbors. Contract law artificially constrains analysis by focusing n a discrete promise and a discrete act of reliance rather than complex and often diffuse communications and inevitable reliance by people on others than. Courts and legislatures recognize to some extent the power of these real features of people’s lives but the language of legal rules often leads decision makers to feel powerless to act on such recognition. Workers at a U. S. Steel plant in Youngstown, Ohio and their lawyers tried to buy the plant after the company announced plans to close it. Federal trial and appellate judges acknowledged that the plant was the lifeblood of the community but nonetheless concluded that contract and property law provided no basis for preventing the company either from shutting down the plant or refusing to negotiate to sell it to the workers. Local 1330, United Steel Workers v. United States Steel Corp. 631 F. 2d 1264 (6th Cir. 1980). Gabel and Feinman conclude: â€Å"it was not the law that restrained the judges, but their own beliefs in the ideology of law. By recognizing the possibilities of social responsibility and solidarity that are immanent in the doctrine of reliance, they could have both provided the workers a remedy and helped to move contract law in a direction that would better align the legal ideals of freedom, equality, and community with the realization of these ideals in everyday life. † Id. ,at 509. But the ideology of law made the judges feel they could not do so. [more reading: Staughton Lynd, the fight Against Shutdowns: Youngstown’s Steel Mill Closings (Single Jack Books: San Pedro, CA 1982); Joseph William Singer, The Reliance Interest in Property, 40 Stanford Law Rev. 11 (1988)] Conventional rights discourse reflects and produces isolated individualism and hinders social solidarity and genuine human connection. The individualism pervading American law calls for â€Å"the making of a sharp distinction between ones interests and those of others, combined with the belief that a preference in conduct for one’s own interests is legitimate, but that one should be willing to respect the rules that make it possible to coexist with others similarly self-interested. The form of conduct associated with individualism is self-reliance. This means an insistence on defining and achieving objectives without help from others (i. e. , without being dependent on them or asking sacrifices of them. † Duncan Kennedy, Form and Substance in Private Law Adjudication, 89 Harv. L. Rev. 1685(1976). As implemented in law, individualism means that there are some areas within which actors (whether actual individuals or groups) have total arbitrary discretion to pursue their own ends without regard to the impact of their actions on others. A legal right evokes the idea of a domain protected by law within which the individual is free to do as he or she pleases, and the arrangements ensuring that freedom are fair, neutral, and equitable. Judges must facilitate private ordering and avoid regulating or imposing their own values on the aggregate of individual choices. The state thereby polices all boundary crossings by private individuals and contributes to the pretense that individual, private, self-interested values are all that matter. Yet people need others as much as they need their own freedom. Altruism has roots as deep as individualism, and altruism urges sacrifice, sharing, cooperation, and attention to others. Rights help people deny the equal tug of individual freedom and social solidarity on people’s hearts and assert that legal rules resolve the tension by assuring that people relate to one another through the recognition and respect for each other’s separate, bounded spheres of self-interest. Yet this very mode of thinking renders it more difficult for individuals and for the legal system to act upon altruism, social cooperation, and relationships of generosity, reciprocity, and sacrifice. The legal structure of rules, and the abstracted roles (owner, employee etc. ) upon which it depends makes it more likely that people feel helpless to counteract existing hierarchies of wealth and privilege or any perceived unfairness. Robert Gordon explains: â€Å"This process of allowing the structures we ourselves have built to mediate relations among us so as to make us see ourselves as performing abstract roles in a play that is produced by no human agency is what is usually called (following Marx and such modern writers as Sartre and Lukacs) reification. It is a way people have of manufacturing necessity: they build structures, then act as if (and genuinely come to believe that) the structures they have built are determined by history, human nature, and economic law. † Robert Gordon, Some Critical Theories of law and Their Critics, in the Politics of Law 650 (David Kairys, ed. , third edition, Basic Books: New York 1998). Rights discourse actually can impede genuine democracy and justice. Rights discourse contributes to passivity, alienation, and a sense of inevitability about the way things are. Even when relatively powerless groups win a legal victory, the rights involved can impede progressive social change. The victory may make those who won it complacent while galvanizing their opponents to do all they can to minimize the effects of the ruling. Conflicting rights or alternative interpretations of the same rights are always available. Conservatives can deploy the indeterminacy of rights for their benefit. Using the language of rights reinforces the individualistic ideology and claims of absolute power within individual’s spheres of action that must be undermined if progressive social change is to become more possible. The language of rights perpetuates the misconception that legal argument is independent of political argument and social movements. Through rights language, those in power often grant strategic concessions of limits sets of rights to co-opt genuinely radical social movements. Progressives who use the language of rights thus lend support to the ideology they must oppose. With the notable exception of Roberto Unger, who has proposed an alternative regime with immunity rights, destabilization rights, market rights, and solidarity rights, most critical legal scholars argue that rights do not advance and may impede political and social change. Rights are indeterminate and yet conceal the actual operations of power and human yearnings for connection and mutual aid. Contemporary legal and constitutional practice are less likely to provide avenues for challenging unfair social and economic hierarchies than political movements, and a focus on law reform can divert and disengage those political movements. Criticism: There is some element of truth in this theory, but difficult to believe that all rights enjoyed by people in a state are true to customs and traditions. Human society is dynamic and the custom change from time to time and from place to place. Rights correspond the different stages in the evolution of human society. Rights enjoyed people in a capitalist society, for example, are different from the enjoyed by people in a feudal society. There can be no unanimity opinion as to what historical rights are. Laski says, â€Å"We do not mean by rights the grant of some his conditions possessed in the childhood of the race, but lost in the pr of time. Few theories have done greater harm to philosophy, or m violence to facts, than the notion that they represent the recovery of a inheritance. There is no golden age to which we may seek to return. † References