Thursday, October 31, 2019

The Age of Depression Article Example | Topics and Well Written Essays - 750 words

The Age of Depression - Article Example 156). Thus, the authors underline that depression is a term used both too widely and too narrowly. Psychiatrists who use it too widely apply it to diverse normal states, like sadness and grief, and diverse abnormal states, like paranoid paralysis due to fear, and obsessive ambivalent paralysis. "Revolutionary transformations" in psychiatry allow identify new causes and manifestation of emotional and mental disorders classified as depression. The authors give a special attention to strengths and weaknesses of such types as DSM I and DSM II editions. The new edition, DSM III proposed a new approach to psychiatric diagnosis criteria. Thus, the author underline that 'the main drawback of symptom-based criteria was they eliminated the consideration of the context in which the symptoms arose" (Horwitz & Wakefield 2005, p. 157). The authors take into account research studies comparing statistical results obtained during 1980s and 1990s. They found that some psychiatrists who apply the conce pt too narrowly deny depressive dynamics in others to hide them in themselves, from themselves. Or the diagnosis is not made because the patient disguises the illness: (1) as a behavioral symptom; (2) as an attitudinal symptom; (3) as a physical symptom; (4) as another psychological disorder. The authors claim that the main limitation of these studies that they ignored the context of symptoms. As the most important, the traditional symptom-based approach is easy to use but it is less effective. The description of the clinical manifestations of depression is organized according to the parameters of the mental status examination. While the diagnosis of depression is not warranted unless a significant number of the signs and symptoms are present, it should be suspected even in the presence of just a few of them. The authors state that "it is important to make distinction between the normal and sadness responses" in order to provide effective treatment because "medical interference in n ormal sadness can be even harmful" (Horwitz & Wakefield 2005, p. 159). Horwitz & Wakefield come to conclusion that DSM III has many limitations and inadequate criteria which caused 'unintended consequences' for general public and society. The authors of the articles discuss an important problem of criteria applied to the state of depression and negative consequences of misdiagnosis. I agree with the authors that it is crucial to apply both symptom-based and content-based criteria to diagnose mental disorders. According to DSM III, psychiatrists diagnose depression from depressive-like symptoms that are in fact part of another syndrome. Because symptoms characteristic for depression are also characteristic for other disorders, most depressive symptoms have a differential diagnosis. For instance, a patient can be misdiagnosed as "depressed" because he/she is unable to relate to others. In some cases, psychiatrists diagnose depression in the absence of illness. This happens when normal moodiness is misidentified as depression. Here the clinician fails to distinguish getting depressed from having a clinical depression, the symptom from the syndrome. The main limitations of the article are lack of current research and statistical data. The author use statistical information and research studies

Tuesday, October 29, 2019

Discussion Questions Essay Example for Free

Discussion Questions Essay DQ #1: Select a small business that you may want to start. What is strategic management and planning? Why would a strategic plan be important to the success of this business? How are the four functions of management relative to creating and implementing a strategic plan? I want to start an e-commerce sales business. The strategic management and planning guidelines for this kind of business include the following: Planning As an owner, I will analyze the direction the organization will go and create core objectives for the business. The objectives will help the company stay on track and assist in any unexpected developments that may arise down the road and short-term and long-term goals are designed. Organizing We will analyze our resources and determine the volume of products to purchase and the individual cost to generate profits. We will also review how many employees will be needed. Directing Our managers will be tasked with the responsibility of encouraging positive behavior from employees to create production that leads to higher profitable margins. Managers will implement a reward system for consistent high producers. Controlling The entire team will survey the operation and gauge areas that may require improvements or adjustments to maximize sales volumes. The team will also use the same goals and objectives that were previously established to review any issues or concerns and confirm that any negative feedback that may have been received is addressed. A strategic plan would be very necessary and important for this business to solidify a position in the e-commerce industry where customers can shop for quality products and the company will earn profits, while instilling great customer service. The four functions of management are relative to creating and implementing a strategic plan so all areas are balanced and functioning in conjunction with the expectations of the business. DQ #2: What is the difference between mission and vision statements? What factors must be considered to produce an appropriate mission and vision statement for an organization? Vision and mission statements various phrases that a company uses to describe or state their values, direction, integrity position, beliefs and style. The difference between the vision and mission statement is that the mission statement defines the purpose, goals and objectives of a business. The mission statement also explains the impact the business will have on the community. The vision statement speaks more to the values of the organization, explains the purpose of the achievements, and outlines how things should be done as the goals and objectives are being followed. In order to produce an appropriate mission and vision statement the business should focus on elements that build trust among potential consumers that will help them to understand the primary facets from which the business plans to operate. Some key variables are the quality of products and services that will be delivered, the contribution to the community, and the ethical position that will be the foundation of good business behaviors

Saturday, October 26, 2019

Risk Management Of Ambuja Cement Economics Essay

Risk Management Of Ambuja Cement Economics Essay Ambuja Cements was set up in 1986. In the last decade the company has grown tenfold. The total cement capacity of ACL as on CY07 is 18.5 million tonnes. Its plants are some of the most efficient in the world. Its environment protection measures are on par with the finest in the developed world. ACL follows a unique home grown philosophy of giving people the authority to set their own targets, and the freedom to achieve their goals. This simple vision has created an environment where there are no limits to excellence, no limits to efficiency. It has presence in the North, East and Western regions of India. Its domestic market share stands at 10.2% as on CY07. ACL has developed a unique homespun channel management model called Channel Excellence Programme (CEP). Over 7,000 dealerships and 20,000 retailers across India are covered under this model. This program emphasizes the relationship management approach to build strong business ties with the dealers and retailers. ACL largely expor ts to the Middle East. ACL was one of the first companies to be equipped with shipping fleet and make use of sea as a medium to transport cement across the globe. Sea transport costs one-third of road transport. It has a port terminal at Muldwarka, Gujarat that handles ships with 40,000 DWT. It is also equipped to export clinker and cement and import coal and furnace oil. ACL is the one of the most profitable cement companies in India, and one of the lowest cost producers of cement in the world. GACL has bulk cement terminals at Muldwarka (Gujarat), Panvel, Navi Mumbai and Surat. Risks in Company- Demand-supply mismatch could take time to stabilise, thereby putting further pressures on margins- Recently due to Slowdown of the cement demand a mismatch come into effect so due to excess production and supply of the cement company is bearing on the front of lower margins. Cement price / realisations to dip on account of demand slowdown- As mentioned above the demand slowdown impacted the prices to take it lower so company is having less profits which is adversily effecting the future growth projects lead out by GACL. Rise in input costs affecting OPMs- GACLs OPMs were at its peak in Q1CY07 after which it has seen a constant fall due to the rising prices of commodities like fly ash, gypsum, coal, crude oil, etc, rise in power fuel costs and rise in other expenditure. Higher clinker purchase pulls down margin- Higher clinker purchase pulled down the margin of the company. Ambuja is trading at a steep premium to its peers despite the fact that it does not have the best return ratios and best margins in the industry. Thus, we are maintaining our UNDERPERFORMER rating on the stock. Demand-Supply gap, overcapacity: The capacity additions distort the demand-supply equilibrium in the industry  thereby affecting profitability. Risks in Industry- Increased cost of production due to increase in coal prices. High Interest rates on housing: The re-pricing of the interest rates in the last four years from 7% to 12% has resulted in the slowdown in residential property market. Imports from Pakistan affecting markets in Northern India: In 2007, 130000 tonnes in 2008, 173000 Metric tones of  cement  was exported to India. This was done to keep the price of cement  under check. Effect of global recession on real estate: The real estate prices are stabilizing and facing steady slowdown especially in metros. There has been drastic reduction in property prices due to reduced demand and increased supply. Shifting supplies from export market to domestic market: ACL is the largest exporter among the Indian cement players. Its exports account for nearly one-third of the total exports from the country by listed players. ACL witnessed reduction in exports by 28% to 1.3 mn tonnes in CY07 vis-à  -vis 1.8 mn tonnes in CY06 due to diversion of exports to the domestic market on account of more lucrative prices in the domestic markets. The recent lifting of the ban on export of cement in the backdrop of waning demand for this crucial construction input from the real estate sector will have marginal impact on exports from India as the government had allowed export of cement from ports in Gujarat (accounting for 85% of the exports from India) on May 27, 2008. The ban was imposed on April 11 this year to curb the rapidly rising inflation. Competitors:  The Indian cement industry has a large number of fragmented firms. There is also a dearth of new players as incumbents have already procured key raw material sources, like limestone reserves on long-term leases. Further, large firms are continuously consolidating by acquiring smaller ones that find it difficult to attain minimum efficient scale of production. Product: Cement is a bulk commodity and a low value product. It is sold in 50 kg packs as OPC grade 33, 43, and 53. It is used in all construction activities as a primary constituent of concrete. Due to similar raw material inputs and production processes, there is no significant differentiation in the cement produced across firms. Environmental Issues:  Greenhouse gas emissions from cement manufacturing pose a serious environmental threat. Currently, the cement industry generates 5% of Indias total carbon-dioxide emissions.2  With stringent emission norms, the production process needs to be made environmentally sustainable. The cost of implementing new production processes that help reduce emissions can be offset by trading certified emission reductions (CERs). CERs are a component of national and international emissions trading schemes, implemented through Clean Development Mechanism (CDM) projects, in an attempt to mitigate global warming.3  Credits obtained through implementation of such projects can be traded in international markets. Risk Techniques used by Company- Company is expanding its operations by purchasing more units and invreasing the production capacity to further lower down the overall production costs to remain competitive in the industry. It also is reducing costs by making to reach to the Big suppliers which can provide quality materials in less prices. It is how company responded to the challenges. Post Impact of Risk Management techniques- Company has come forward in the industry and increased the operations in many states, also enhanced its exports and has posed a challenge before other companies.

Friday, October 25, 2019

County cork :: essays research papers

Philipps-Università ¤t Marburg  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Fachbereich 10: Fremdsprachliche Philologien Institut fà ¼r Anglistik und Amerikanistik PS: The Landscape of Ireland Leitung: Madeleine Kinsella Hausarbeit von Mathias Weber County Cork County Cork The aim of this term paper is to give an overview of the county Cork, beginning with its geographical location then present some historical events that are relevant to the history of Cork and finally show the places of interest, both of the county Cork and of the city itself. The population amounts to 400,000 inhabitants according to the CSO and the principal city, Cork city, covers an area of 378 hectares with about 120,000 inhabitants. County Cork also includes 640 km of coastline with many beaches, steep cliffs, making the importance of the sea play an even greater importance since Cork has one the principal harbor of Ireland. It connects Ireland to France (Roscoff, Le Havre) and the United Kingdom (Swansea). Until the sixties it used to be the starting point of many steamers for America and also the departure point of three million Irishmen who emigrated to the “new world'; in the 19th. This port has in fact contributed a lot to the economic and commercial development of Cork and the whole of Ireland. The climate is also largely influenced by the ocean: soft, wet and windy thus allowing a great variety in flora and fauna. Cork derives from the Irish ‘Corcah Mor Mumham’ and means the ‘great Marsh of Munster’ and refers to the fact that the center of Cork city is built on islands, surrounded by the River Lee, which were marshy and prone to episodes of flooding. Some of the waterways between the islands were built over to form some of the main streets of present day Cork. The oblong shape of the city center island, bounded by the north and south channel of the Lee give Cork much of its physical charm. Spencer even immortalized the unusual topography of the city when he wrote:   Ã‚  Ã‚  Ã‚  Ã‚  “The spreading Lee that like an island fayre   Ã‚  Ã‚  Ã‚  Ã‚   encloseth Cork with his divided flood'; Even tough a few prehistoric artifacts have been found, the monastery of Cork represents one of the earliest evidence of human settlement in this region. As said earlier the sea played an important role in the history of Cork as the first foreign known settlers came using maritime means: the Vikings frequently raided isolated monasteries. An attack by the Vikings is reported to have taken place around Cork in 802; they raided the abbey and the settlement nearby.

Wednesday, October 23, 2019

Case Study of Stock Management System

In effect this means getting the correct product to the customer in the right place at the right time. When talking about the customer it is important to distinguish between the customer in the street i.e. general public, and the customer, the trader, who is buying the goods to sell on at any level. The term logistics applies to all customers but we are applying the term to the trader for the benefit of this study. In recent years, focus upon logistics has become of paramount importance at all levels of trade and has become a major emphasis in large-scale retail, especially those with a high and fast turnover i.e. supermarkets. This is reflected in recent reports:  ¡Ã‚ §A prime objective of any business should be constantly to seek ways of reducing the total costs of ownership while lowering their own costs ¡K ¡ Cost of ownership is the costs above those charged, for example, inventory carrying, warehousing and handling, ordering and quality inspection. To minimalise these costs, large-scale retailers have spent great deals of money upon centralized stock distribution and computerized inventory management systems, to try and gain a competitive market advantage. Centralized stock distribution involves using one as opposed to many warehouses to distribute stock for more efficient transportation. Inventory management systems automate many of the tasks involved in the control of stock and reordering. Without effective distribution and effective inventory management systems, other activities and functions carried out within the company may at best, fail to be optimized and, at worst, be rendered a waist of time if time. Therefore no money and (or) time saved in the long term. Leaders of these management systems include the likes of J. Sinsbury, Tesco, Asda, Iceland and Safeway, the case study I shall discuss in this piece of coursework. Safeway has a sales base ordering inventory management system, known as Stock Management III (SMIII), introduced in 1992/3. This was fully implemented to centrally distribute many of their product ranges, including; grocery, beers, wines and spirits and non-food department items. SMIII ¡s aim was to improve the accuracy of stock ordered in the stores, reducing the number of out of stock produce and therefor creating sales maximization. Moreover reducing wastage, reducing backstocks and creating a consistency in merchandising practices. SMIII uses data collected in each store to work out the sales forecast for each product using the store inventory. It then converts these quantities for ordering. These processes rely on data input for accuracy. There are six key concepts involved in this process. Firstly, the sales forecast. Line by line information on sales is built up at the checkout. A forecast of how much more stock is likely to be required is then calculated for future ordering periods. The demand is calculated using specific parameters for each line. The system must take into account: how much stock the store already has; the space allocated for each product; the code life of products (when they become out-of-date); outstanding deliveries; sales opportunities (promotions etc.) and current business policies. The system will then calculate how much stock is needed for sales and the amount needed to fill the shelves. Case Rounding rules are needed to convert the two figures, that of sales and to fill the shelf, for ordering. This is quite simple. The system will always order enough stock to fulfil the sales. It then decides according to the amount of shelf space, whether to round up or down to the nearest case to fill the shelves. It must be noted that the accuracy of the orders generated by the system is only as good as the data input. Data is obtained from a number of sources, therefor it relies upon each department or division getting its part of the process correct. The departments are responsible for entering product and item movement information into SMIII and processing stock as follows: Trading: ranging, space allocation, units per outer (UPO), data integrity. Supply chain: supply to depot, optimum lead times, data integrity. Distribution: delivery of right stock to store at right time. Store: replenishing shelves, scanning, accurate bookstocks. If any one of these items is omitted then the process will fail. These above activities affect the inventory and range, the two key aspects of SMIII. The system relies on accurate inventory data. Most item movement is updated automatically; deliveries through the companies central distribution system and sales captured by scanning at the checkouts. The store though is required to inform SMIII of any stock that enters or leaves the store through other channels. For example: spoilage; inter-store transfers; inter-departmental transfers (e.g. purchases for the staff restaurant); cross-picks (stock delivered but not ordered and vice versa); quality control (damaged stock that is not offered for sale). Moreover stores take a bookstock check.. This is where a check is undertaken for any product out of stock, or where stock levels are exceptionally high or low. If the bookstock is inaccurate, the system is informed, improving the accuracy of the next order. The range refers to the actual range of products the store holds. For instance, a smaller in-town supermarket will not supply the array of products that an out-of-town hypermarket will stock. Stocking plans are determined by the trading division and are transmitted to the store where they are accepted into the store range. Stores are required to carry the full range of products within their plan size. This is an important factor because it shows that stores are not allowed to delete products from the range. They are however allowed to change the space allocated to a product. SMIII calculates the optimum quantity of stock required to cover expected sales, safety stock levels (in cases where sales outstrip forecast) and stock levels required to maintain shelf presentation standards. In the case of groceries and long life products if accurate ‘fill and face ¡ information is not correctly input into the system by the store, shelf presentation may be affected and, moreover, out of stocks or high back-stocks may occur. Through these factors the, sales forecast is achieved. Inaccurate sales forecasts will result in incorrect orders being generated. This could result in out of stocks, excessive back-stocks and/or unnecessary wastage. The above factors must, in tern be undertaken accurately. To achieve this the store must enforce a number of disciplines throughout, from stockroom level i.e. tidy, with stock in correct place to maximize stock level efficiency. Through to daily checks for out-of-date goods, and ensuring shelf space is allotted correctly and displays are correct. A mid-morning inspection of a Safeway supermarket has been undertaken. There were a number of factors that can be seen as unsatisfactory from the stores point of view. I shall undertake to identify theses and solve them with minimum disruption to the store. There were a number of problems with the produce department. Firstly presentation was poor in a number of the commodity groups such as root vegetables and loose apples. If the display does not look good or is not up to a reasonable standard, this can affect the customer ¡s discussion to buy, this could affect forecasting levels especially if it occurred on more than one occasion. If the produce looks bad on a number of occasions it could affect the customers decision to shop at the store in the long term. Moreover, If the displays are not full this may jeopardize the SMIII ¡s calculation of quantities reordered as it runs on the assumption that the shelves are always optimally filled. Therefore sales cannot be maximized as the space allocation is not being followed. Finally it can be seen that if the display is bad this could mean that some of the produce is being caused damage unnecessarily. Creating wastage and again potentially affecting the customers decision to buy. This needs to be sorted out quickly and efficiently, although not at a busy time, as from experience it can be off-putting trying to shop when people are filling the shelves. Moreover it must be noted that blame should not necessarily be rested upon anyone due to it being a mid-morning inspection on a Friday; a popular day for the weekly shop, the morning probably being the busiest time especially just after the school run. It is quite possible and probable that the poor display is due to the morning rush of customers. There was only one item out of stock, cauliflower due to a delivery shortage at the depot. Obviously nothing can be done about this at store level. But this information needs to be input into the SMIII to keep the store inventory updated so that this will be taken into account when forecasting. This reflects well on the produce department as the whole range other than this is shown giving people the most possible choice. There are wider implications for an out of stock item in a situation where there are two competing supermarkets. If a different item on someone ¡s shopping list is out of stock each week, it may be a factor in persuading them to shop elsewhere. The produce delivery was being worked and the shelves were in the process of being stocked. Although this may cause shoppers some inconvenience it shows that the department is keeping the stock rolling, maximizing space used in line with the SMIII ‘thinking ¡. Deliveries though should ideally arive and be sorted before opening to minimise inconvenience for both the shopper and staff, as it is easier to attend to the task in an empty shop. Product quality was generally good, although a number of grapefruit, which were below standard, were now being removed. These grapefruit must then be counted and entered into the system to update the inventory for forecasting. It can be seen as good that the bad fruit were being removed, but bad stock must always be removed as soon as possible as customers will notice and may be put off buying. In a wider aspect though, perhaps stockholding levels should be looked at as they may have been in the store too long due to excess stock. This could also be damage through bad storage or transportation, which would need looking into if it recurred continuously. Overall it can be seen that bad stock, shortages and displays should be checked regularly and sorted out as soon as possible. People look at these factors when making buying decisions. This is concerned with relationship marketing where there should be a twin focus on total quality and service as a source of customer satisfaction. Customer satisfaction ensures better customer retention and therefor greater profitability. The customer can be put off by too many staff filling shelves as it can distract from the pleasure of being able to browse whilst shopping. Therefor a balance must be found. The forecasting potential was good in the produce section as long as out of stock and wastage was entered into the SMIII system. Otherwise stockholding levels could be affected especially with the non-full lines. Moreover the presentation must be kept to a high standard as this may affect peoples opinion of the shop and therefore customer loyalty. The grocery department had three main problem areas. The promotional point of sale was missing from an on-shelf promotion on the tea/coffee section. This is a major problem as it would have a great affect on the forecasting. The store would expect to sell more of this product through the promotion, and therefor have ordered in more to compensate. Sales would not reflect the expected response to the promotion, as people would be unaware of it. This needs to be rectified as soon as possible and the system notified as the anticipated extra demand would not be apparent. This would affect forecasting and therefore future orders; potentially causing a shortage once the promotion was displayed. Loose stock was stacked behind other adjacent products on the soup section and appeared to have been there for several weeks. This reflects bad organization. Stock may not be noticed by the customer and space allocation disrupted. Space for the stock is allocated so that the system can accurately forecast the quantity of goods required to both fill the shelf and for sales. Using the space incorrectly can affect stockholding levels due to the amount predicted to be on the shelves and in storage. Although actual recording of sales will not be affected, it must be noted that sales could be, if the product namely soup couldn ¡t be found. This needs to be sorted out immediately, and could possibly reflect a lack of motivation in store, as the shelves were not stacked correctly. It also reflects badly on myself as acting manger, as this problem appeared to have been so for weeks. Store inspections must be held regularly to ensure this type of problem does not occur.

Tuesday, October 22, 2019

UN Human Rights Regime Assignment The WritePass Journal

UN Human Rights Regime Assignment Introduction UN Human Rights Regime Assignment :1391) argue on similar lines, stating that if one denies the participation of former leaders (who are also the perpetrators of past offences) in a present government, it may effectively â€Å"obstruct social integration and political stability†. By way of example, Alston and Goodman refer to the undesirable consequences of prosecuting major organisations who were involved in the apartheid regime in South Africa, (2012: 1392). Perhaps the most powerful argument against amnesties involves victims’ rights and tolerance of impunity. Protesters of amnesty measures argue that amnesty infringes states’ obligations to make sure that victims receive means to achieve justice, and seek out the truth in their cases (Mallinder, 2008:7). By imposing an amnesty measure, the perpetrators’ crimes are effectively denied, causing victims to feel alienated from society, which, in turn, increases the likelihood of vigilantism on their part (Mallinder, 2008:10). There are not many who would deny the negative impact that amnesty has on victims and/or their families, and the argument here is that such a negative impact cannot be avoided if one is to achieve common good for the society as a whole. Another point against the statement that justice must sometimes defer to amnesty following gross violations of human rights is that such a deferral, by its very nature, prevents the achievement of the aims of criminal justice, such as prosecution, retribution, stigmatisation and deterrence (Freeman, 2009: 20).   Aston and Goodman take this view and point out that trials can be very important in the promotion of â€Å"norms and expectations of punishment† in the country, (Alston and Goodman, 2012:1392). Moreover, as Freeman points out, the deferral of justice to amnesty in spite of the International Bill of Human Rights’ promissory note, undermines public confidence in the rule of law, (Freeman, 2009: 33). However, even assuming that amnesty is capable of preventing the realisation of some of the criminal justice’s goals, it should not be forgotten that an amnesty measure can take many forms. Freeman states that, more often than not, an amnesty measure would be accompanied by other provisions, such a reparation programme, which may lessen the harm caused by an amnesty, and an amnesty’s potential harm caused is always overestimated, (2009:25). Another argument is that there are many conditional amnesties in existence, which may encompass some of the aims of the criminal justice process, for example, Freeman enumerates a number of temporal and provisions amnesties, (2009:93). Even if one takes into account the need for a trial and all its benefits, it is not altogether clear that a trial or its threat may lead to beneficial results in every case, because as Freeman argues, a threat of a trial may lead to the perpetrators destroying the vital evidence needed in the future for the victims or their relatives to find out the truth about a crime, (2009:24). In support of this argument Alston and Goodman also state that any attempts at prosecution in a state which undergoes the transition from an authoritarian past may threaten a delicate peace-conflict balance between different groups, (2012:1391). Mallinder makes a similar argument when she states that although the trial of leaders may benefit the society by asserting the supremacy of democratic values (as argued by Scharf), there may not be enough evidence to put those leaders on trial in the first place, (2008:18). Here, it is interesting to point out an illuminating point made by Mallinder that there could be an instance where the distinction between victims and perpetrators is not clear, for example, in the case of child soldiers who are part of a rebel group in Uganda, and, therefore, the prosecution and punishment may have to take a back seat, (Mallinder, 2009: 34). Clark also questions the belief that the promotion of individual criminal responsibility is always desirable, (in Lessa and Payne, 2012:13). He draws attention to the criminal prosecutions in Rwanda and Uganda, and argues that by insisting on the prosecutions, the international organisations overlooked â€Å"the specific context and dynamics of these countries†, for example, the absence of   legal procedures and institutions to carry out an effective judicial process, (2012:14). This means that even though the countries may be the signatories of the International Bill of Human Rights, their specific contexts should be taken into account, and may be used to justify the imposition of conditional amnesties. One of other widespread arguments against the idea that amnesty should be granted is that doing so only creates a culture of impunity, encouraging future violence, and prevents accountability. This view has a widespread support from many governments around the world, for example, from the government of Sri Lanka.[5] When academics make this argument they often refer to the offenders who continue violate human rights, and are only stopped when amnesty is granted to them. The clear example of this is Ugandan rebel group ‘The Lord Resistance Army’s public statement that they will only stop the violence if amnesty is granted to its members. Nevertheless, to these arguments it can be replied that it is not necessarily the case that amnesty will produce further violence, and in fact, there may be situations where one must choose a lesser of two evils and invoke an amnesty provision. Freeman supports this argument. Therefore, it seems that although the case for the abolition of amnesty is a strong one, it is not without its weaknesses, and despite the promissory note of the International Bill of Human Rights, there may be circumstances where the imposition of an amnesty provision is not a truly unthinkable course of action. It is clear that there are obvious discrepancies between the theoretical foundations of the International Bill of Human Rights and the practical application of the Bill. There inevitably will be circumstances where it is unwise to follow the literal meaning of the Bill. The reality of an international/domestic political scene is that sometimes compromises must be made in order to safeguard peace in a country and prevent further conflict. In the same vein, Snyder and Vinjamuri maintain that in order to prevent future violations of rights and reinforce the respect for the rule of law it is often necessary to â€Å"strike politically expedient bargains that create effective coalitions to contain the power of potential perpetrators of abuses,† (Snyder and Vinjamuri, 2003:17). Thus, one of the main arguments for the proposition that justice must sometimes defer to amnesty following gross violations of human rights is that such deferral of justice is likely to foster reconciliation and may be necessary to achieve peace in terms of promoting political settlement. Linked to this is an argument that amnesties are needed so that a state can make a break from its past and start from a ‘clean slate’, (Mallinder, 2008:13). Governments often use these reasons to justify the imposition of amnesties when it is necessary to end violence. However, this view is becoming more controversial as the states-signatories to the International Bill of Human Rights move to the implementation of more mechanisms of accountability, and this view is not shared by everyone. For example, in 2007 the ICC Prosecutor, Lois Moreno-Ocampo termed the demands of amnesty made by combatants as being nothing less than pure blackmail. Moreover, the offering of amnesty may appear as t hough a state is showing signs of weakness, which may, in turn, encourage more violations of human rights, (Mallinder, 2008:12). However, despite this, Freeman supports the view that amnesties may sometimes be necessary to achieve peace in a state, (2009:11). He contends that there may not be any other choice for societies which have gone through mass violence and genocide, (2009:7). Freeman asserts that he is against the idea of impunity for serious crime, but he states that there may be situations where the desire for peace and security should stand above any impunity which may result from granting amnesty (2009:6). In particular, he states that if we look at such countries as Burma and Somalia and their particular contexts, one may be forgiven for wishing any kind of amnesty in order to ensure the survival of people by lessening daily violent conflicts, even though this leads to impunity, (2009:24). Another argument against the view that amnesties are needed to achieve peace in a country, and to ensure a smooth transition from an authoritarian regime to a democratic one, is provided by Robinson when he draws on an example of Sierra Leone, (Robinson, 2003:490). In that country, unconditional amnesties were granted to ensure that peace would follow only to discover that the culture of impunity was reinforced and gross violations of human rights continued. However, in reply to all this, it can be pointed out that, regarding the International Bill of Rights in particular, amnesties can be used, because the International Bill encompasses a wide variety of rights, and unlike the Rome Statute, is not primarily concerned with the protection against gross human rights violations. Freeman also makes a relatively convincing argument that amnesties are rarely granted without the imposition of other orders or qualifications, such as a reparation programme or an institutional reform measure, (2009:14). Truth Commissions, which are primarily set up to investigate the causes of death/injury unlawfully perpetrated, often play an important role in offsetting the damage done by amnesty. However, it is questionable whether they are, in fact, as successful as they were initially perceived to be. For example, again using the Sierra Leone example, the Lome Accord 1999 was designed to provide both an amnesty provision and a Truth Commission investigation, but was unsuccessful in its implementation (Alston and Goodman, 2012:1452). Nevertheless, a broad conception of justice usually agrees with the idea that there could be a Truth Commission and a limited amnesty in place to satisfy â€Å"the essential purpose of the right to justice†, (Naqvi, 2003:34). Dugard seems to be of the same view when he states that even though unconditional amnesties should not be permitted, a Truth Commission should still be capable to grant amnesty after an investigation, provided that amnesty contributes to the achievement of peace and justice, and is more effective than prosecution, (Dugard, 1999:1020). Arguably, South Africa’s imposition of a conditional amnesty showed that it was possible to combine an amnesty with an accountability process which culminated in the achievement of truth and social healing. Another argument, which is linked to the argument about the right to remedy discussed above, and which is put forward by Freeman and Pensky (in Lessa and Payne, 2012), is that an amnesty measure will not necessary infringe international law in every instance. This argument rests on the well-known fact that the status of amnesties in international law is unclear, and the practice of its imposition still persists in many countries, including Rwanda, Cambodia, El Salvador and South Africa. This point is supported by Laplante, who argued that the status of an â€Å"outright prohibition on amnesty remains unclear†, (Laplante, 2009:920). To illustrate the point, Mallinder discovered in her research that the number of amnesties which includes different kinds of crimes has increased, and this casts doubt on the proposition that we are living in the age of accountability (Mallinder in Lassa and Payne, 2012:95). Mallinder concludes that this means that there is still a belief that an am nesty measure may be deemed necessary where there is some exceptional situation, (Mallinder in Lassa and Payne, 2012: 96) Liked to this is the idea that amnesties do not necessarily stand in opposition to the spirit of the International Bill of Human Rights, and, in fact, can fulfil some of its provisions by balancing   competing goals, and facilitating long-term peace and security in the nation. One particular example is where a political activist-offender is integrated into a society anew, preventing further disputes. The final point is that some defendants are unlikely to come within the scope of criminal prosecution as defined by the Rome Statute, and some countries’ legal systems may not be sufficiently evolved to prosecute such defendants. In these cases, it may be argued that amnesty could be granted to alleviate the political tension in the country if it exists. Moreover, even the Rome Statute could be said to presuppose the use of amnesties as it gives discretionary powers to prosecutors/judges to take account ‘the interests of justice’, particularly for those defendants which are unlikely to come within the scope of the International Criminal Court’s prosecution.[6] Thus, it seems that it may not be correct to treat all amnesties as being in the opposition to   the principles of justice and truth, and the specific context of a country must be taken into account. Even though amnesties violate the victim’s rights and can potentially create a culture of impunity, it is important to recognise that some amnesties, in some circumstances, may be an effective measure directed at achieving peace and security in a country. This is especially true since it is wrong to think of amnesties as either granting complete impunity or achieving long-term peace. This view fails to take into account the sheer diversity of amnesty measures which a state can employ, and which can be combined with the variety of accountability measures, (Mallinder, 2008:8). Moreover, as Freeman points out, justice may sometimes defer to amnesty because such practice is virtually unavoidable, although it should be maintained as a practice of the last resort (2009:4). Moreover, o ncloser examination, the granting of an amnesty may not be in the direct conflict with the spirit of the International Bill of Human Rights and, therefore, it is fair to say that justice must sometimes defer to amnesty following gross violations of human rights in a state. Word count: 3,228. Bibliography Books/Academic Articles Alston, P. and Goodman, R. (2012) International Human Rights, New York: Oxford University Press Cassese, A. (2008) International Criminal Law, New York: Oxford University Press Cassese, A. (2004) International Law, 2nd Edition, Oxford: Oxford University Press Dugard, J. (1999) ‘Dealing with Crimes of a Past Regime: Is Amnesty Still an Option?’, Leiden Journal of International Law, 12, No. 4, at p. 1001 Freeman, F. (2009) Necessary Evils: Amnesty and the Search for Justice, 1st Edition, New York: Cambridge University Press Griffey, B. (2011) ‘The ‘Reasonableness’ Test: Assessing Violations of State Obligations under the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights’, Human Rights Review, Vol. 11, No. 2 Harris, D., Moeckli, S. and Sivakumaran, S. (2010) International Human Rights Law, 1st Edition, Oxford: Oxford University Press 8.   Joyce, D. (2010) ‘Human Rights and the Mediatization of International Law’, Leiden Journal of International Law, Vol. 23, Issue 3, pp. 507-527 Laplante, L. (2009) ‘Outlawing Amnesty: The Return of Criminal Justice in Transitional Justice Schemes’, Virginia Journal of International Law, 49, at p. 915 Lessa, F. and Payne, L. (2012) Amnesty in the Age of Human Rights Accountability, New York: Cambridge University Press Loucaides, L. (2003) ‘TheDeveloping Case Law  of the  InterAmerican Court  of  Human Rights’, Human Rights Law Review, Vol. 3, No. 1, pp.  1-25 Mallinder, L. (2010) ‘Law, Politics and Fact-Finding: Assessing the Impact of Human Rights Reports’, Journal of Human Rights Practice, 1, No. 4 Mallinder, L. (2009) ‘The Role of Amnesties in Conflict Transformation’, in Ryngaert, C. (ed.) The Effectiveness of International Criminal Justice, Intersentia Publishers Mallinder, L. (2008) Amnesty, Human Rights and Political Transitions: Bridging the Peace and Justice Divide, Hart Publishing Meisenberg, S. (2004) ‘Legality of Amnesties in International Humanitarian Law. The Lomà © Amnesty Decision of the Special Court for Sierra Leone’, International Law Review of the Red Cross, 86, No. 856 Naqvi, Y. (2003) ‘Amnesty for War Crimes: Defining International Recognition’, International Law Review of the Red Cross, Vol. 85, pp. 583-560 (2003); Available: mkkk.org/eng/assets/files/other/irrc_851_naqvi.pdf [10 Dec 2013] Orentlicher, D. (1991) ‘Settling Accounts: The Duty to Prosecute Human Rights Violations of a Prior Regime’, The Yale Law Journal, Vol. 100, at p. 2537 Robinson, D. (2003) ‘Serving the Interests of Justice: Amnesties, Truth Commissions and the International Criminal Court’ European Journal of International Law, Vol. 14, No. 3, pp. 481-500 Snyder, J. and Vinjamuri, L. (2003) ‘Trials and Errors: Principle and Pragmatism in Strategies of International Justice’, International Security, Vol. 28, No. 3, pp. 5-44; Available: http://belfercenter.hks.harvard.edu/publication/343/trials_and_errors.html [ 9 Dec 2013] Weissbrodt, D. Ni Aolin, F., Fitzpatrick, J. and Newman, F. (2009) International Human Rights: Law, Policy, and Process, LexisNexis Publishing; Available: http://www1.umn.edu/humanrts/intlhr2006/chapters/chapter8.html [ 7 Dec 2013] Reports United Nations (2011) Report of the Secretary General’s Panel of Experts on Accountability in Sri Lanka, New York: United Nations Publications; Available: un.org/News/dh/infocus/Sri_Lanka/POE_Report_Full.pdf [10 Dec 2013] Web Materials The International Centre for Transitional Justice (2009) Justice, Truth, Dignity: Amnesty Must Not Equal Impunity [Online]; Available: http://ictj.org/publication/amnesty-must-not-equal-impunity [8 Dec 2013]

Monday, October 21, 2019

Redaing 12am Focus Essay Questions

Redaing 12am Focus Essay Questions Redaing 12am Focus Essay Questions Reading 12AM – focus and essay questions FOCUS QUESTIONS: 1. To what extent is its historical period relevant to a discussion of â€Å"Twelve Angry Men†? 2. What can we conclude about the 8th juror’s personality from pages 1-7 of the play? 3. We never learn the characters’ names. Why does Rose choose to identify the men only by jury number and how does this affect the way we relate to the characters? 4. Read pages 7-15, how are we encouraged to sympathise with the 8th juror? 5. Read [pages 15-19, does 8th juror’s revelation about the second knife change your opinion at this stage about the defendant’s guilt or innocence? 6. On page 31, the characters exit to the washroom. Why? How does this affect the scene? 7. At the end of Act 1, to what extent are the characters presented as being either â€Å"good† or â€Å"bad† and to what extent are they complex and sometimes contradictory? 8. What changes are evident in 3rd and 10th juror’s speech and behaviour when they are in a minority and not safe majority? Ref pages 47-50. 9. Read pg 50 of the play. Why does the 11th juror believe jury duty is such a â€Å"remarkable’ aspect of the democratic process? Consider his personal background in your response 10. In pages51-54, 10th juror’s prejudices are revealed. How does Rose relate prejudice to fear? 11. 12th juror is the only one to change his vote more than once. What does this tell you about his character and how is he different to the others? 12. Why do you think 3rd juror finally change his vote? 13. How does Rose ensure that we judge 3rd juror’s stubbornness as a negative instead of a positive character trait? 14. The relationship between 3rd and 8th jurors is the central one in the play. Identify other important relationships between characters and discuss how they differ from this one. 15. Consider the play’s title. What might be the significance? 16. In what way does the 8th juror prove that democracy must be the responsibility of each and every individual? 17. To what extent is the 3rd juror a sympathetic character? 18. To what extent is the 10th juror the most frightening character in the play? Why? 19. Is it reasonable doubt that leads to the â€Å"not guilty† verdict, simple logic or a combination of both? 20. Does Rose suggest that there can be no such thing as a â€Å"fact,† or does he simply argue that it is difficult to establish the truth of any given â€Å"fact?† 21. In his play, what view does Rose present of the ageing process? Consider not only the 9th juror, but also the elderly witness and the female witness who was wearing â€Å"brand new clothes that should have been worn by a younger woman.† (pg 69) 22. What point do you think the play may be attempting to make about leadership in a democracy? 23. How does the play communicate the idea that democracy is an individual concept? 24. According to the play, what are some of the greatest dangers of allowing personal bias to go unchecked? 25. Are the issues of civic duty and social responsibility explored in Rose’s play relevant in contemporary Australian society? 26. In what ways are images of youth connected to the concept of powerlessness? 27. In what ways is the American justice system portrayed as weak and vulnerable? 28. Does the play privilege any one group of decision-making factors over the others, or suggest that any particular variables are more valid than others? Essay questions: 1. â€Å"12AM is best interpreted as an attack on the jury system.† Do you agree? 2. â€Å"Despite questioning the ultimate fairness and reliability of the jury system, 12AM is, at heart, a tribute to this system.† Discuss. 3. â€Å"We have reasonable doubt and this is a safeguard that has