Symbolism and Mrs. Mallard

In the short story â€Å"The Story of an Hour† the theme is clearly stated. The theme is â€Å"Mrs. Mallard’s desire to be independent. † The theme is expressed through the story through characterization and irony. However, the theme is expressed the most though many examples of symbolism. For example a few examples of symbolism are spring time, comfortable armchair, and Mrs. Mallard’s heart condition. The first example of symbolism that is found in â€Å"The story of an hour† is spring time. In the story it says â€Å"she could see the tops of trees that were all aquiver with the new spring life† (Chopin).This helps to symbolize Mrs. Mallard realizing that her life without Brently is like a new start. The symbol of spring time also ties into the theme of the story. It helps to portray that Mrs. Mallard likes the way her new life would look without Brentley. She also realizes that she would feel free and independent. The next example of symbo lism is found in the story is the comfortable armchair. After Mrs. Mallard hears about the news that her husband had died she sat in a â€Å"comfortable armchair†(Chopin).This comfortable armchair symbolizes Mrs. Mallard’s feeling of become comfortable with her husband’s death. This symbol also helps to support the theme because it also proves that Mrs. Mallard is become comfortable with the thought of independence and freedom. The last account of symbolism that is found in the story is Mrs. Mallard’s heart condition. At the beginning of the story it is said â€Å"Mrs. Mallard was afflicted with heart trouble†( Chopin). In the story heart trouble symbolizes her stress and unhappiness in the marriage.This also relates to the theme of the story because it expresses that she wasn’t happy with Brently and that would explain why she felt that sense of freedom. In the end of the story Mrs. Mallard dies of overjoy. The reason she died of overjoy wa s simply the thought of living her life free and independent. In conclusion the short story â€Å"The story of an Hour. † Symbolism is used all throughout the story in order for the author to express the theme of the story. Without the use of these examples of symbolism the theme would not be so boldy expressed.Spring time, heart condition, and the comfortable chair are just a few of the many examples of symbolism that is used to express the theme of â€Å"The Story Of an Hour† Works Cited â€Å"The Story of an Hour Theme. † 123HelpMe. com. 18 Feb 2013 . â€Å"Symbolism in The Story of an Hour. † 123HelpMe. com. 18 Feb 2013 . Arp, Thomas R. and Greg Johnson. Perrine's Literature: Structure, Sound and Sense. 10th Edition. Boston: Wadsworth Publishing, 2008. Print.

Grapes of Wrath Summary

The Grapes Of Wrath Gena Rodriguez Student in Crime Films The Grapes Of Wrath The Grapes Of Wrath was a book that followed the Joad family on their journey from their deserted farm in Oklahoma to the riches of California, as their farms were destroyed in Oklahoma. They took few possessions with them on their journey, however they had eachother. They even picked up others along the way, all in hopes of a vision of getting their lives on track in California. Their journey was not easy as they had trouble with their vehicle, they lost family members and friends to death, and even heard several rumors of a depleted job market.The salesmen and pawnbrokers took full advantage of them as they knew that the families were in no position to deny payments for their goods. The family continued to stay together and remained positive as they looked forward to what was to come. Upon arrival in California, the Joads were met with much hostility. The camps were overcrowded and full of starving migran ts, who were often nasty to each other. The locals were fearful and angry at the flood of newcomers, and label the migrants as â€Å"Okies. Work is almost impossible to find or pays such a meager wage that a family’s full day of work cannot buy a decent meal. Farmers resent the droves of Okies from flooding the state, as hungry and impoverished people are a danger. They are viewed as vagrants and thieves. The farmers, police and landowners were in a position of power, and it seems that they only seek to take advantage of those below them. They did not falter even when they were in a position to save a family, they refused to give up their wealth.The farmers used the police to their advantage, as they would have deputies destroy secret gardens, so that the camps people would not have extra food. The police labeled labor organizers as â€Å"red† and had them removed from camps for trying to organize and get decent wages and contracts for workers. Those labeled as  "red† were placed on a blacklist and could not get work. The farmers’ association even tried to organize a riot, which they would pay certain â€Å"Okies† to start trouble, get the organizers put in jail and have the camp shut down.The migrants, got word of this and prevented it. Police seemed to be uncaring, rude, and cold mannered. They were abusive and corrupt. Many of the people in the camps felt they had to pretend to be incoherent and ramble, act â€Å"bull simple†, so that the police viewed them as unthreatening and idiots. Many of the â€Å"Okies† seemed to lack respect for the police due to their degrading treatment. An example would be Ma Joad chasing the police officer with a skillet. The police also acted recklessly such as in the shooting of Floyd Knowles.The police shot at him, but struck another woman in the crowd. Floyd Knowles was being arrested for trying to organize a contract and wages for workers, however the farmer became angry and informed the police. Knowles was later arrested on a bogus charge. The portrayal of police in this book can easily be compared to that of current police portrayals in movies and television shows. The times have changed to where people want to see the bad cop win or more action from police. The book portrays police as almost heartless and insincere, and corrupt.It portrays the police officer not as someone you go to, but someone you stay away from, which is very much in line with current trends in media. There are so many different types of police officers portrayed. Certain fictional dramas have come to show police officers as being corrupt and taking advantage of the power they hold but in my opinion this is not just fictional but rather a reality. This typed is definitely apparent in the book and the show â€Å"Underbelly†. There are some shows which portray police as masculine, overly intelligent, fit, aggressive, action packed, and always willing to shoot at suspects .The reality is that the public want to see these kinds of police officers. All of the excitement and glamour of being a police officer is what everyone wants to watch. A show where police are filling out forms and writing up boring reports just won’t cut it. The glamourized types of officers are portrayed in shows like â€Å"Hawaii 5 0† and â€Å"NYPD†, whereas the more realistic approach to policing is portrayed in shows like â€Å"First 48† and â€Å"cops†. References The Grapes of Wrath by John Steinbeck

Military Leadership

The American Revolution comprised mainly of land based forces in the form of army battalions. Because of the early creations of ammunition, the armies are the only available units in the war. Since this conflict primarily involved the intention of independence, it was a very brute event for the commanders of both sides. Christian men are the most proliferated individuals in this war. Interestingly, the American Revolution had a great influence on liberal thought throughout Europe (American Revolution, 2006). On the other hand, the American civil war was a major war between the forces of the same constituents of a nation. However, because of the relative differences in ideology, the war became inevitable and eventually came into reality. The military people in the American civil war may be perceived to have a balanced approach towards victory. Because of the relative smaller scope, the commanding forces of the army may have been somehow reluctant to fight their own citizen domains. They were very prone to social trauma considering that they live in the same national domain with just a little misunderstanding of idealism approaches. It would have been very hard for the army to fight for both sides since they belong to a single line of citizenship. The most explicit factor in the procedure of this war was the collaboration of slaves and the fighting units until the end of the event. Emancipated slaves fought in several key battles in the last two years of the war (wikipedia, 2007). The military personnel still has the concentration of American males with religious affiliations of Christian origin. This made the war very traumatic for both parties. On the event of the Indian wars, the army still had the opportunity to disclose its might. Although naval and air forces are not very significant during this period war, the relative intensity on the part of the army still focused on the aproach to dislodge what native americans were fighting for. The concentration of Native American and English lineages was the main component of the war. Men were still the most active participants in the war while some females of both social parties were engaged in post war operations. The relative differences in racial characteristics of both sides was the aggravating factor that lead to various levels of fight setbacks. The armies of both sides were willing to win against each other. As with the whole population of the American army, most Americans viewed the Indians as incorrigible and non-reformable savages. Those closest to the warring factions or who were threaten by it, naturally wanted government protection at any cost (Davis, 1999). For World War I, the overall capacity of the army, the navy and the availability of the air force, has dramatically changed the way war is staged. For the army, it was during this time that the physical participation of units is reduced because of advanced weapons and guns. For the navy, a greater scope of challenges was encountered due the international scope of the war. The naval forces played a great role in weakening the offenses of the enemy before letting the army proceed with the fight. On the other hand, the air force became a significant penetration unit to dislocate the stable forces of the enemy nation by targeting its internal strengths. Men are still the main forces in these three force units. However, women participation was very visible in the form of service units. Health care and rehabilitation are the main tasks for women involved in World War I. The religious affiliations were significant factors in this war because of the global scope of the conflict. References: American Revolution. 2006. Complete History-Aftermath. American Revolution. Retrieved May 21, 2007 from http://www.americanrevolution.com/. Davis, S. 1999. Buffalo Soldiers and Indian Wars. Buffalosoldiers. Retrieved May 21, 2007 from http://www.buffalosoldier.net/. Wikipedia. 2007. American Civi War. Retrieved May 21, 2007 from http://en.wikipedia.org/wiki/American_Civil_War#Military_factors. Â  

Screening report Movie Review Example | Topics and Well Written Essays - 250 words

Screening report - Movie Review Example As Sirk intended All that Heaven Allows to be a critic of the conventional American values, the movie successfully resorts to the exploitation of appropriate angles of vision, to accentuate this theme. The movie typically opens up with a high-angle shot of a cold and aloof church spire in New England, thereby making the values symbolized by it that governed the lives of the people inhabiting that town look petty, insignificant and flimsy. The other theme that the director intended to accentuate was the literal and thematic asphyxiation of Cary, by the dominant social norms and values. Metty successfully managed to visually develop this theme by resorting to placing frames within frames. Many a times the main character Cary is shown to be positioned within frames, as behind the windowpanes or the foreboding reflection of Cary in the television set, symbolizing and pointing towards her metaphorical and actual

Jim Crow Research Paper Example | Topics and Well Written Essays - 1000 words

Jim Crow - Research Paper Example The Jim Crow was characterized by tough anti-black polices or laws (Packard 2003, 222). Under the Jim crow, people of color especially African Americans were seen as people who belonged to the lower or second class in society. The Jim Crow rallied for implementation of anti-black policies because many theologians and Christians preached that the white people were children of God. They taught that God cursed people of color especially black men to be servants, and due to this, God endorsed racial biasness (Boskin 1976). In addition, craniologists and social thinkers argued that the culture of the black people was inferior and that they were intellectually inferior to the white people. Those politicians who were against social integration believed that the black culture could not mix with the white culture as this could lead to mongrelization of the white race which they perceived to be superior than any other race (Klarman 2006, 211). The media propagated racial segregation in their articles where they referred to black people as darkies, coons, and niggers. Their messages in the articles spread anti-black information and stereotypes. For instance, in schools, white children saw black children as inferior and worthless. Under the Jim Crow, all social institutions such as schools and churches reinforced oppression of the people of color particularly African Americans (Parish 2008, 93-95). The Jim Crow norms worked in combination with the Jim Crow policies. The Jim Crow norms were responsible for black exclusion from significant facilities such as jobs, transport, and schools. The 13th and 15th amendment of the US constitution had given black people same rights and legal protection as white people (Stetson 2011, 188). However, when Rutherford was elected the US president, border and southern States started restricting the freedoms and rights of black people. Even the highest institution in the land, the Supreme Court, reinforced racial segregation with the

Research methods psychology Lab Report Example | Topics and Well Written Essays - 750 words

Research methods psychology - Lab Report Example Although exercises promise vast number of health benefits, addiction may disturb the natural flow of life and create health problems. Scientists suggest chemical compounds such as endogenous opioids and catecholamines produced during strenuous exercise are responsible for auto addiction (Adams & Kirkby, 2002). Some researchers believe exercise addiction is a result of psychological condition related with body image and composition. Anorectic or bulimic individual may develop exercise addiction to reduce their body weight instead of vomiting. People in special professions such as long distance athletes, models, dancers etc., in which the thinness is much appreciated, are more vulnerable for exercise addiction (Cumella, 2005). Since exercises are highly encouraged for healthy living and commonly accepted by the society addiction cannot be identified easily (Cox & Orford, 2004) In our society males and females have opposite views on their body image. Thinness is preferred by most of the females while masculinity is preferred by most of males. Therefore both genders engage in exercises to obtain their desired body image in addition to health benefits. Like some other psychological conditions addiction to exercise may have a gender specific tendency. However research evidence are lacking in this area. Therefore it is important to identify any gender difference in exercise addiction. Apparently healthy 100 males and 100 females who are regular members of a gym and between 20 to 30 years of age are selected randomly from the membership registry. Members who are athletes and who have medical conditions (heart disease, pregnancy, hypertension etc.) which limit the exercises and who are known to have any psychological disorders are excluded. Questionnaire: consisted of personal details such as age, occupation etc. and several psychological questions to identify exercise addiction. These questions have a marking scale and according to the final score and the

Gender Inequality in the British National Curriculum Essay

Gender Inequality in the British National Curriculum - Essay Example Key stage tests have been brought about by the British national curriculum whereby pupils are usually assessed at various stages throughout their education. This National Curriculum was introduced in England, Wales and Northern Ireland to be used national wide by primary and secondary state school following an Education Reform Act 1988. The main aim of the National Curriculum was to ensure that all pupils cover certain basic materials and later on entire teaching time was covered as the curriculum grew in majority of state schools. There have been debates amongst educators about gender-related issues throughout the 20th century. This refers to the cultural classification of people as ‘masculine’ or ‘feminine’. Societies set down cultural expectations for males and females and people are encouraged to think, feel and act in manner ‘appropriate’ to their sex. It is argued that although boys get much more attention from teachers, â€Å"it is not s imply because they are boys, it is partly because of the way both boys and girls behave and this behaviour is shaped by the wider society,†. The most determined action taken within the school cannot effectively counter the influence of peer groups, magazines, television and family. Even if teachers get rid of their sexist attitudes everything would not necessarily be fair and both boys and girls would be treated equally, but classroom action is a two-way process, it is not simply teacher led. French argued that pupils bring in their own behavior patterns to the classroom.... Key stage 1 This stage includes children between the ages of 5-7 years. The key stage is the legal term for the two years of schooling in England and Wales known as year 1 and 2. The students in this stage follow 12 areas of education programme. In year 2 at the age of 7 years, the pupils are assessed with a test known as SAT's that covers English, Science and Mathematics. The subjects this stage is suppos ed to cover include: English Mathematics Science Information and Communication Technology Design Technology History Geography Modern Foreign Language Art and Design Music Physical Education Religious Education (Education Act. 2002, 2002) Key stage 2 This stage includes children between the ages of 7-11 years. The key stage is the legal term for the four years of schooling in England and Wales known as Year 3, Year 4, Year 5 and Year 6. In this stage, covers pupils during junior schools although in some cases part of this stage fall in a middle while the other part falls through primary school. In this stage, the pupils follow the same areas programme of education just like of key stage 1. In Year 6 at the age of 11 years, the pupils are tested as part of the national programme of national curriculum tests known as SAT's. These tests covers English, Mathematics and Science and the tests are externally marked and the results published in DFES performance table. (Education Act. 2002, 2 002) Key stage 3 This includes children between the ages 11-14 years. The key stage is the legal term for the three years of schooling in England and Wales known as Year 7, Year 8 and Year 9. The stage covers pupils during the first three years of secondary education although in some

The Life of Billy Sunday Essay Example | Topics and Well Written Essays - 1000 words

The Life of Billy Sunday - Essay Example Rather than stand stoically behind a pulpit, he would leap, dance and slide across the stage, then pick up his chair and spin it over his head. And instead of inviting people to come forward to receive Christ, he told them to 'hit the sawdust trail.'"1 William Ellis agrees and he adds, "Beyond question he is the most vigorous speaker on the public platform today. One editor estimates that he travels a mile over his platform in every sermon he delivers."2 Yet there was no sign in his early childhood or in his growing up years that he will be a great revivalist. Again W. Ellis writes, "His life was normal; no different from that of tens of thousand of other American boys. He himself was in no wise a phenomenon. He was possessed of no special abilities or inclinations. He came to his preaching gift only after years of experience in Christian work." There was no early sign of greatness. He was born William Ashley Sunday on November 19, 1862. His father died shortly after he was born. Two years later, his mother Jeni, remarried an alcoholic who gave up on the family after a few years. So, Billy and older brother Ed was sent to a soldier's orphanage that made Billy independent and stubborn. Years after he was known for his acrobatic preaching some would began to make the connection between his playing days and present ministry. Ellis remarked, "A level head, a quick eye, and a body which is such a finely trained instrument that it can meet all drafts upon it, is part of Sunday's inheritance from his life on the baseball diamond."3 His life was moving on the fast lane until he was invited to join a church service. At the height of his career as a professional baseball player he gave his life to the Lord.4 In 1885 through the famous Pacific Garden Mission he became passionate for the Lord. Some would say that he joined because of the beautiful Helen "Nell" Thompson who would later become his wife. Others, would tell it differently, that Billy met Nell after his conversion but chose to become a member of the Presbyterian Church because of her. Ministry He chose to serve the Lord rather than to continue playing baseball. But he was not able to let go of his first love that easily. Soon after the announcement that he was released by his former club, many invitations came to join a new club with a lot of cash incentives. He finally turned them all down. Billy was no overnight success as a mass evangelist. He had to work hard on his craft and had his start teaching at the local YMCA. Yet his extensive training came at the hands of J. Wilbur Chapman, a traveling Presbyterian evangelist. Success When Chapman retired, Billy felt called to continue his mentor's work as an itinerant preacher. Not long after newspaper reporters began saying that he was attracting large groups of people. Elijah P. Brown recalls, "The religious interest is becoming deeper every day.5 People cannot stay away. As a result, the name of God is being

Environmental and Corporation Social Responsibility Assignment

Environmental and Corporation Social Responsibility - Assignment Example The efficiency of production range between 50 and 60 percent; this translates to only to the preferred replacement technology of energy production. From the same graph, it should be noted that the higher the emission of biofuel byproducts into the atmosphere, the higher the ionization rate (Werther and Chandler, 2011). Additionally, the same biofuel products usually react with the free hydrogen gas and radicals in the atmosphere leading to acidic atmosphere. From the graphs, it is also apparent that the higher the energy generation form the biofuel the higher the chances of formation of the acidic atmosphere. The effects of the use of biofuel are stronger when the emission is directed to the air other than water (Mullerat and Brennan, 2011). In fact, it should be noted that the direct use of these gases is intense in air emission than water since the water emissions usually result in accidents. Nonetheless, both cases are never environmental friendly. Finally, it should be noted that eutrophication is also affected by increased emission and use of biofuel into the environment. Charts c and d indicate that the high the electrici ty generation the high the emission; thus, the higher the global warming thereby affecting the normal ecosystem functionalities (Kao, 2010). Hence, it is worth noting that electricity generation among the use of other energy sources contributes to the efficiency of the environment in different ways. All the charts above indicate the higher or the massive use of biofuels in the United States, the higher the effects on Eutrophication, Acidification, and Global Mass Warming; hence, the corporates should minimize such energy use to minimize the effects on the same. All these graphs and their subsequent analyses relate to the energy regulation and generation of barley.

European Human Rights Essay Example | Topics and Well Written Essays - 2000 words

European Human Rights - Essay Example It also seeks to promote the rights of women and children, as well as of minorities and displaced persons. ‘Margin of appreciation’ is a doctrine that was first developed and applied in the case law of European Court and Commission of Human Rights. It is a concept developed by the European Union where different member states’ courts can interpret the Convention of Human Rights differently (Greer, 2000, p.5). The doctrine does not have universal litigation for all convention rights, since it has higher profile for some convention rights i.e. right to property; however, it has lower profile on other rights in the conventions. Moreover, there is no simple and clear method of describing how the doctrine works; further, the doctrine’s nature is that of uneven and unpredictable. Due to the nature of margin of appreciation, there is need for much structure, precision supervision and regularity in its application (Greer, 2000, p.5). The European Union formulated th e margin of appreciation since its member states comprise of diverse cultural and legal traditions embraced thus, it was difficult to identify uniform European standards of human rights. Moreover, the doctrine provides the flexibility needed to avoid damaging rows between the European Court, General, and the Member States. Additionally it permits the Court to balance the autonomy of Member States with their obligations under the Convention. The purpose of this paper is to evaluate the contemporary practice of margin of appreciation in applying of Convention rights and freedoms. The paper will explore the logical flaws in the margin doctrine as currently conceived and the way they contribute in devaluing the convention. Moreover, the role of the Strasbourg Organ in the supervision of administering of the doctrine in its Member States is also discussed. Finally, an assessment of the efficiency and consistency of supervision is analyzed. Margin of appreciation The European Commission o f Human Rights endorsed margin of appreciation on the grounds that the national authorities are better placed to judge than the Strasbourg institutions. This doctrine is applicable in connection with articles of the convention providing some accommodations or limitation clauses. Some of the areas where Member States have been accorded margin of appreciation by the European Union convention on human rights are protection of morals, determining the mandate of the judiciary, prevention of crime and disorder and matters pertaining to national economy and security. In determining the scope of marginal of appreciation, the courts consider firstly, the subject matter of the protected right, i.e. a narrow margin is issued if the subject matter being protected is considered fundamental. Secondly, the aim and the interest of set restriction are also considered. Therefore, the margin of appreciation is determined by the effects of a restriction on other people in the society. Moreover, there a re European consensus standards, which are applicable to all Member States. In such cases, there is less need for application of margin of appreciation (Kleijkamp, 1999, p.50). However, there is concern in that uncontrolled margin of appreciation is devaluing the rights and freedoms provided by the Human Rights Convention. States that have the norm of human rights relativism can exploit this doctrine to cartel the exercise of human

Evolution of the Use of Wool and History of the Plow Term Paper

Evolution of the Use of Wool and History of the Plow - Term Paper Example The discovery of the plow also helped man in his activities such as farming. Science and technology has enhanced the improvisation of wool over the years thus keeping wool in the forefront of the rest of the fabrics. Wool has thus adapted to the modern standards in spite maintaining its previous features. It also takes a large part in the history of Britain. During the cradle of humankind around 1900 BC, weaving of wool into cloth became the main activity practiced. Domestication of sheep in the other areas started earlier (Lewis and John 1). Man soon realized that sheep produced milk and during the milking process, sheep shed its fleece, which made its acquisition easy and woven into cloth. Man discovered the several benefits he got from the sheep and thus decided to domesticate and rear it. Soon after domesticating sheep, man devised a way of getting cloth from fleece. He invented weaving and spinning the fleece into clothing. Man continued with the production of wool until it reached time where wool became the major export (Lewis and John 13). With time, the wool industry expanded a great deal. Exporting of wool increased and so did the manufacturing of wool fabrics and thus it became localized and specialized. Countries such as East Anglia and districts of Pennine had soft water, which makes the fabric more firm and compact surface. The Huguenot refugee weavers who sort refuge in France in the sixteenth century brought their weaving techniques with them and thus England surpassed Flanders in the wool manufacturing company and it stimulated the export rate. Introduction of machinery and mechanization in the industry of wool raised the standard of production of wool (Holsaert 105). This resulted into introduction of several other types of wool, which includes shape-Leeds, Bradford, Udders field, Halifax, and Wakefield. The sheep industry has greatly increased in the world. The natural coat of the sheep needed

Forecasting the Adoption of E-Books Essay Example for Free

Forecasting the Adoption of E-Books Essay Question 1 The size of the market for e-books in the long-run: 293. 7 million x 46. 7% x 8% = 10. 973 million (Total US population x percentage of US population reading literature x Percentage of traditional paper books purchased online in 2003) It will take 10 years to reach 95% penetration of the potential market. Question 2 I predict that the sale of the e-book when it first became available is 0. 751milion (pm) (Assumption: each innovator buy one book. ) Question 3 The long-run total adoption of e-books would be 10. 973 million. (Total US population x percentage of US population reading literature x Percentage of traditional paper books purchased online in 2003) Question 4 I do expect the market for e-books tend to be guided by imitators rather than innovators. According to the table above, I found that the weighted average for e-book of q (0. 0684) is larger than p (0. 2990). In addition, the word of mouth takes an important role in the adoption of e-books. The information about the e-book from the innovators contribute much to the adoption of e-books since people tend to hesitate to change their old reading habit. Question 5 S(t)=[p+(q/m)N(t-1)][m-N(t-1)] Year 1: [0. 0684+(0. 2990/10. 973) X (0)][10. 973-0] = 0. 751 million Year 2: [0. 0684+(0. 2990/10. 973) X (0. 751)][10. 973-0. 751] = 0. 908 million Year 3: [0. 0684+(0. 2990/10. 973) X (1. 659)][10. 973-1. 659] = 1. 059 million Year 4: [0. 0684+(0. 2990/10. 973) X (2. 717)][10. 973-2. 717] = 1. 176 million Year 5: [0. 0684+(0. 2990/10. 973) X (3. 893)][10. 973-3. 893] = 1. 235 million Question 6 The adoption of e-book will be very different from digital music obtained online. The adoption of e-books face more challenges when comparing to the adoption of digital music. To most of the listeners, there is not much difference in experience between listening to a song from an iPod and a CD player. Therefore, they have a relatively low switching cost and more willing to change their habits. On the contrary, to most of the readers, it is definitely very different from reading an e-book to reading a printed book. The feelings of holding a printed book and flipping over a physical book are irreplaceable. So readers are loyal to printed book and hesitate to switch from traditional books to e-books. Hence, it is reasonable to predict that the pace of adopting digital music is faster than the pace of adopting e-books. Question 7 I think both of the attitudes about reading and purchasing e-content have changed a lot in recent years. In the old time, people could read e-content via PC only. Nowadays, people are able to read e-content through various mobile devices. Therefore, they spend more time on reading e-content especially during leisure time and even commuting time. However, the quality of the reading effort is diminishing as the overload of e-content available on Internet. In addition, people tend to rely more on the e-content since it is very convenient, environmentally friendly, high mobility and high accessibility. For the attitude about purchasing e-content, more people are willing to pay for the e-content in recent years. The advanced online payment system plays an important role. People feel more secure and also convenient when dealing online ever than before. Moreover, more well-known and large-scale publishers offer more choices of e-content for readers. Besides, in the light of the prevalent of mobile device, people have more time and chances to read the e-content regardless of the time and places. Thus, people are more willing to spend on e-content than before. Question 8 The hardware plays a paramount important role in the adoption of e-books. No matter how amazing the e-content is, the e-books would not be popularized if the hardware were not user-friendly. However, a good hardware is very likely to boost sales of the e-books. It is because the hardware is a fixed cost while the e-books are the variable cost to the readers. A portable hardware with proper size of monitor and high capacity is very attractive to the readers. They no longer need to neither carry the bulky printed books nor spare some places for storage. Moreover, the hardware enables readers to read comfortably when comparing to read via PC or smart phone. It is good for the readers’ eyes. Last but not least, the hardware contributed to protecting the environment as it saves much paper. Only when the hardware preforms better than the tradition printed books, the adoption of e-books will be success. Question 9 I do expect the size and also the pattern of diffusion are quite different globally as compared to the United States. The size and the pattern of diffusion depend on many factors. Population, culture, attitude to new products, technology and even literacy could be one of the variables of the size and pattern of diffusion. Take Africa as an example; though the population size of Africa is much larger than The United States, the potential size of the market for e-books must be obviously different from the United States. So it is not difficult to understand that the size and pattern of diffusion of various places will not be similar to the United States.

Do You Call That Art? a Conversation

Do You Call That Art? a Conversation T: Do you call that art? I just dont see how something like could be called art, I just dont see it. Where is the form, where is the beauty? Is that not what art is for; to hint at universal truths, to uncover answers to fundamental questions about our human condition? To make us experience a kind of immortal truth, Beauty is truth, truth beauty that is all/Ye know on earth, and all ye need to know. (Keats, 1908: 14) Is that not what Keats said? To be honest I fail to see how an unmade bed surrounded by the detritus of a good night out can be classed as either. It is just sensationalism, pure sensationalism and should not be allowed into an art gallery. S: I suppose it has some merits doesnt it? T: No, none at all as far as I am concerned. What does it say? What does it mean? Where is the skill in its construction? Why, anyone could make that, look, it is only made out of every day items, theres no paint, no clay, no stone, none of the traditional tools of the artist. My six year old child could have made that, in fact he does every morning after a restless night. S: I read some interesting reviews on it. T: What do reviewers know? Listen to this: La Giaconda is, in the truest sense, Leonardos masterpiece, the revealing instance of his mode of thought and work. In suggestiveness, only the Melancholia of Durer is comparable to it; and no crude symbolism disturbs the effect of its subdued and graceful mystery (Pater, 1948: 264) That is both a reviewer and artist coming together in a perfect symbiosis of artistic appreciation, Walter Pater was a man of great intellect and understood the genius of Da Vinci in an intimate way. What is spoken of here lifts the everyday into the world of aesthetics and art, it transforms the daily life, it consoles and palliates, it makes the hardships seem worthwhile and the little pains of life worth bearing. S: Yes, I see that, but does that not apply to artists like Tracey Emin and Damian Hurst too? T: Do you feel palliated by this unmade bed? Do you feel as though your pain is soothed by a bisected sheep? These images serve only to make us feel worse, to highlight our pain, to capitalise on our misfortunes. These are the things that modern art work on, these are the emotions that they stir up; depression, sadness and alienation. Is that art? Is that worth bothering about, buying or funding? S: I dont know, perhaps if we were to look at them more carefully. Isnt art just a matter of taste anyway? T: Ah but taste is a complex thing and has been hotly debated in art history and philosophy. In some ways it goes right to the heart of our experience of art and literature as a whole. Two of the most interesting and most important theories concerning taste come, of course, from the English thinker David Hume and Immanuel Kant, both of these philosophers, in their own way, asserted the existence and importance of the notion of taste and aesthetic judgment. Hume saw that education and experience would enable men (and women) to acquire taste; the more art we see, the more books we read, the more films we see and the more music we listen to the more we learn about what is good and what is bad in art. For instance, if I had only seen one picture in my entire life, say of a cottage in a mountain glade surrounded by pink and blue flowers, then it goes without saying that this must be the best painting I know and, ipso facto that I must be of the opinion that this is the best painting in the world. The same, I suppose, goes for a situation where the only sculpture I had seen was this unmade bed, then I would naturally think it was masterpiece and hail it as the finest work of art ever made. Well, according to David Hume, the more I see the more educated I become, the more my taste develops. Therefore if I were to view, say, Eugene Delacroixs Massacre at Chios, that depicts a scene from the Greco-Turkish war of 1824 and is painted with both subtlety and strength, I would automatically think this was better than an unmade bed. If I then chanced to view a Renoir or a Rossetti then I might think that these were better. You see how this works? You see how, through education and experience my taste broadens and becomes more refined. S: But I still do not see who defines what is good and what is bad for the rest of us? Taste is relative isnt it? T: To an extent, says Hume, but taste as a benchmark and as a standard is set by those who are educated most. It stands to reason, does it not, that those who are educated and experienced most will know the most about a particular given subject. When your car needs a service what sort of mechanic do you choose? S: A good one? T: Yes, a good one, but what is a good mechanic? Is it a good mechanic someone who has had no or very little experience with cars, is it someone who has only ever seen or worked on one car the whole of their lives? No, you would choose the mechanic with the most experience, the mechanic who has worked on hundreds, perhaps thousands of cars. S: Yes, I suppose I would. T: So, could we not say that that mechanic is an expert, at least over the other mechanic who has seen very few cars? S: Yes. T: Well, it would that mechanic who sets the standard. What if he told you your engine needed replacing? S: I would believe him. T: Exactly, and if the inexperience mechanic told you it didnt, who would you believe? Who would you think was telling you the right thing? S: Probably the experienced mechanic, he after all is more educated and more experienced so he must know what he is talking about. T: So why is it so different with taste? Why is it so difficult to believe that those with most experience set the taste for the rest of us? Taste is intersubjective, it is founded on agreement and consensus. This was Humes great notion. It does not exist as an objective notion nor purly subjective but somewhere in between. Joshua Reynolds encapsulates it well when he says The arts would lie open for ever to caprice and casualty, if those who are to judge of their excellencies had no settled principles by which they are to regulate their decisions, and the merit or defect of performances were to be determined by unguided fancy (Reynolds, 1992: 182). Although, of course, Reynolds himself saw taste as being intrinsically fixed and established in the nature of things. S: So, what about Kant? How did he see taste and aesthetic judgement? T: For Kant, taste came secondary to the notion of beauty. There was, he thought such a notion as intrinsic beauty; a beauty that existed outside of taste, outside of the capriciousness of fashion, a beauty that is, to quote Keats again A Joy forever. Kants philosophy extended far and wide, his works like The Critique of Pure Reason and The Critique of Practical Reason sought to classify and quantify exactly what it was to be human, not just in an ontological sense but in the sense of how we experience the world; how we perceive things and, most importantly, how we reason about these things. In fact Bertrand Russell says in his A History of Western Philosophy that According to Kant, the outer world causes only the matter of sensation, but our mental apparatus orders this matter in space and time, and supplies concepts by means of which we understand experience. (Russell, 1979: 680) In order to experience the world, thought Kant, we label many of the things we sense, often in ways that are unconscious or arbitrary. Take this bench, for instance, we both know this is a bench and that it is for sitting on but we only know this because it has certain characteristics as distinct from, say, that fire extinguisher over there. It is made of wood, it is flat, it has four legs etc. etc. The bench is out in the world (Cummiskey, 1996: 78) and thus our experience of it informs our idea of what it is. For Kant there was no such thing as an a priori knowledge; nothing, he said could be divorced from our experience of it. S: But how, then, if we know this is a bench through our perception of it out in the world can we ever know beauty. Beauty, after all is not out in the world, it is surely a priori? We must have an idea of beauty before something can be classed as beautiful. I understand that, for Hume this is based on consensus, but this does not fit in with Kants ideas. T: For Kant, beauty does exist in the world but not, perhaps in the way that we might assume. He noticed that we classify and label things according to the purpose they have for us as human beings. We have a notion of the bench because it is good for us to sit down on and take a rest every now and then. Beauty on the other hand can not be eaten or smelt or even touched, however it is in every culture every civilisation known to man so, in some ways at least, it must be intrinsic to our needs. Beauty and art have a purposeless purpose. S: How can a purpose be purposeless? T: Let me explain: when I see a picture by Monet for instance, it inspires feelings in me of contemplation and of emotion. I am touched by the delicate brushwork, I am moved by the images. If I see a beautiful flower I feel the same thing. I do not find the flower beautiful because I want to eat it or because it gives me an actual benefit in the real world but because it promotes a kind of internal pleasure, a psychological harmony. This is what Kant thought of the beautiful. If we begin to attach meaning to art by deliberately making it ugly or adapting it for our own psychological or socio-political ends we ruin its initial purity and lose a valuable part of its nature. Kant said Taste is the faculty of estimating an object or mode of representation by means of a delight or aversion apart from any interest. The object of such a delight is called beautiful(Kant, 1972: 479). This is why Kant regarded Nature as representing a higher plain than man made art, simply because it does not have the other aspects, the poetic, artificial meaning. This unmade bed is neither of these situations, it is neither a depiction of the sublime in Nature not does it evoke a universal response. It simply is, like the unmade bed that it mirrors, because of this is can not be art. However, if we take a picture from the Romantic movement of Nineteenth century, for example, such as Turners The Fighting Temeraire (1838) or Landscape with a Distant River and Bay (1840) we can see that what the artist is striving for is a universal achievement of beauty; a beauty that is invested in the very paint he uses, a beauty that arises from the purity of the image; the colours, the brushwork, the setting. S: So, for Kant, the artist is the translator of that sense of beauty? T: Yes, for Kant, only the artist or the man of genius can truly be said to be a translator of these universal truths. His theories gave way to the march of the Romantic movement in Europe and artists like Turner, William Etty and Landseer and writers like Wordsworth, Coleridge and Shelley. Let us think, for example, of the painting The Leaping Horse by John Constable (1825). What do we see in this painting? We see the majesty of Nature, not only in terms of the visual images of the sky, the clouds and the trees but in the way that this is translated through the human experience. The figure in the foreground is pictured not merely against Nature but in it, existing within it and being a part of it. There is a directness of vision here that reflects Kants assertions on the place of the artist within society. The artists role, he said, was to translate the experience of the sublime, of the beauty of Nature, into the synthetic medium of art. This unmade bed, or the bisected sheep of Hurst or even the daubings of Jackson Pollock do not attempt to do this and so, in my opinion at least, are not art in the slightest. A: I beg to differ with you. They turn to see A standing behind them. A: What do you see there? S: I see an unmade bed, I see rubbish, I see magazines, tissues, cigarette butts. A: I see an idea, a concept, a representation of truth. As you said, truth is beauty, right? T: No, actually what I said was Beauty is truth and truth beauty there is a world of difference between those two ideas. A: Yes perhaps, and I would agree with you, maybe this work is not about beauty in the Kantian sense, it is not about a universal notion of what is beautiful, what is sublime but it has everything to do with what the world means to us and how we interpret our own experiences of life. In his first manifesto on Surrealism, Breton says The marvellous is not the same in every period of history: it partakes in some obscure way of a sort of general revelation only the fragments of which come down to us: they are the romantic ruins, the modern mannequin or any other symbol capable of affecting the human sensibility(Breton, 1990: 16). All we have now are shards of aesthetic philosophy that have made their way down to us. S: So you are saying Kant and Hume were wrong? A: No, I am saying they were right in their time. We have been let down by their structures; the notions of truth and beauty no longer mean anything to us in this postmodern age. T: Postmodern? Does that word even mean anything? A: Well, yes, Modernism as a philosophical construct can be seen to stem from the Enlightenment of the mid Eighteenth century. S: I thought Modernism happen just after the First World War? A: Yes in a way, the artistic and literary movement hails from then but, in terms of philosophy and, of course, aesthetics, Modernism can be seen to be founded much earlier with thinkers such as Rousseau, Locke, Hobbes, Bishop Berkely and others. Later, of course, this manifested itself in philosophies of Kant, Hegel and Marx. S: So, what do these thinkers tell us about what art is and why this work should be called art? A: Well it was not so much what they said about art that is of importance as how they say it. Modernism, as Jean Francois Lyotard says in his study The Postmodern Condition: A Report on Knowledge, relied on metanarratives, all encompassing notions like truth, beauty, the body and even the self to provide a foundation for its philosophies. The Enlightenment is considered the birth of the modern because it asserted the primacy of the individual consciousness and the reason upon which it was based; it signalled a split from the religious dogma and the superstition of the Renaissance and Middle Ages. The art, the music and the literature all reflected the birth of this new idea. Postmodernism is not so much the rejection of this as a melancholic outcome of its demise and failures. I am sure there is not one thinker in the whole postmodern canon who would not find it agreeable to rely on concrete notions like beauty and truth, but what are they? That is what postmodernism asks us, they have failed us. Foucaults poetic evocation at the end of his history of human sciences is as good as any at expression this idea: As the archaeology of our thought easily shows, man is an invention of recent date. And one perhaps nearing its end. If those arrangements were to disappear as they appeared, if some event of which we can at the moment do no more than sense the possibility without knowing either what its form will be or what it promises were to cause them to crumble, as the ground of Classical thought did, at the end of the eighteenth century, then one can certainly wager that man would be erased, like a face drawn in the sand at the edge of the sea.(Foucault, 1997: 387) The postmodern condition recognises no hierarchy of taste; it does not see taste as being universal or being classifiable in any meaningful way. With technological advances like the internet and reprographics what now is beautiful? What can even be considered original? This is the point that Walter Benjamin makes in his seminal essay The Work of Art in the Age of Mechanical Reproduction. S: So, the Modernist artists were the beginning of this, after all they experimented with style and content didnt they? As Ezra Pound said, they sought always to Make it new. A: Could we not see artistic Modernism as not so much the beginning of something new as the end of something old? Its theoretical foundations are clearly based in a number of thinkers all of which assert the importance of teleological thinking: Freud, Marx, Hegel etc. If we examine, for instance Guillaume Apollinaires series of essays and articles on the Cubists, we can see that we characterises both Cubism and Apollinaire is the sense of revolution; in both art and in conceptions of beauty. He says Greek art has a purely human conception of beauty. It took man as the measure of perfection. The art of the new painters takes the infinite universe as its ideal, and it is to the fourth dimension alone that we owe this new measure of perfection.(Harrison and Wood, 1997: 178) We can see here how, even though the nature of the artists vision has changed, his or her place hasnt. The Cubists and, indeed the Moderns as a whole (especially in terms of its literature) asserted the validity of the artist in exactly the same way as our friend here has pointed out that Kant did. T: Which I see as being a testament to the correctness of Kants vision. A: It was this that the Moderns desperately strove to cling on to, all of their experimentation, all of their theorising, all of their invention can be seen as merely an attempt to cover up the fact that what was dying, what was losing its validity was them; their special place as artists, writers and thinkers. In the postmodern age all things are equally valid as art, all things are equally worthy even an unmade bed. How does a painting like David Bombergs The Mud Bath (1914) or even Picassos Guernica (1937) reflect the ideals of Kant? They are obviously beautiful pictures and yet they have the power to terrify and to inspire awe, they do not palliate or console so much as remind us of our own death and mortality. How do they fit in with your scheme? T: You have answered your own question, they are sublime paintings. They remind us of our own place as human beings. I agree with you, times change and so does art but the notion of the artist as a translator of human emotion is an important one. Picasso was a visionary, his art was beautiful, it made one think, to cogitate, to realise ones own humanity. OK, not in the same representative way as, say Constable or Rossetti but, then again, neither did Turner, Monet or any of the Impressionists. The subtle play of colour and light, for instance in La Promenade (1875) or even the famous Waterlilies (1905) is nothing but the distillation of experience both in terms of the artists heightened sensibility and training. The same can be said of Picasso or Braque or any of the so called Moderns that you speak of. The form is of no importance, forms and fashions change, what matters is the importance of the artist. There are recent artists who manage to combine both an artistic brilliance with a clear understanding of exactly what art means. Take someone like Lucien Freud, for instance, his paintings do not inspire one in the traditional sense of the word. They do not remind one of beauty in the same way Botticelli does or Poussin, however he asks questions about the human condition whilst displaying an artistic talent, or skill if you will. Freuds pictures are about what is like to be human, about what it is like to have a body that is constantly dying, that is betraying the young person that you still are on the inside. His naked self portraits are concerned with my point exactly: with the place of the artist in society. It is their role to exorcise the ghosts. A: Art should not be a religious experience. T: You are wrong, thats exactly what it should be. A: Art is about reflecting whats here and now not what is eternal. The work of Tracey Emin is as valid as Lucien Freud, as valid as Picasso as valid as Turner and as valid as Rembrandt because it is a product of a time that recognises no universal truths, no absolute hierarchies and no metanarratives. T: But how, then do you judge? How do you decide what should be in an art gallery and what isnt? Do you simply open the doors and let everyone in? A: Yes. T: But thats absurd, where would that led us? A: What are you afraid of? What have you got to lose? S: What is there to lose by the destruction of the discourses of truth and beauty? A: Well, this is at the heart of the question of whether this work is a work of art. What is there to lose by saying it isnt? We have seen the failure of realism in describing the truth about the human condition and we have seen the failure of abstraction in describing the truth about human emotions and mind. The only thing left for us to do is to suggest that it is the truth itself that is non-existent. S: So there is no truth left. A: There is no universal truth, the same as there is no universal sense of beauty. What is beauty after all? The Japanese have a notion they call Wabisabi, it makes up almost all of their aesthetic appreciation. Roughly translated it means imperfect or incomplete, modest or humble. It is as far from our traditional notions of Western aesthetics as we could get. There is none of the grandeur of the sublime, none of the intricacies of Vermeer or Zoffany just the simplicity of line and the imperfection of creativity. S: You mean Wabisabi actively encourages imperfection? A: Yes, it is an intrinsic ingredient of the Japanese aesthetic, but the important point is that aesthetic notions change from country to country from time to time, therefore it is an impossibility for them to be a universal ideal as our friend here seems to think. S: But is it art, this unmade bed? A: Is it in an art gallery? S: Yes. A: It must be art then. T: So you are saying anything that is in an art gallery is art, how ridiculous. That means anything I bring into this gallery could be called art. My dog? The shoes on my feet? The flask I have in my bag? At least we know where we are with the universal notion of beauty. It may not be perfect, in fact it may far from perfect but it is solid, it is not ever-changing or open to this mumbo jumbo that you are talking of. You speak as though everyone were an artist, as though everyone could lay claim to being a Picasso or a Matisse. A: Well, in a way, yes, I am. For postmodernism to work we must adopt a number of responsibilities and positions as well as reject old ones. We must be aware of our actions, Of course that means realising that, perhaps, the whole system of aesthetics needs re-evaluating. Media such as the Internet and increased access to cheap means of publishing means that it is becoming easier and easier to publish ones work and get it to a wide audience. Many musicians have found this out and have started making their work available for Internet downloads and many artists are using technology to challenge the boundaries of the traditional routes into the art world. This has got to be a good thing hasnt it? S: So, what you are saying is that because of changes in society, because of this postmodernism thing the old ideas about what is beautiful, what is true, what is art become irrelevant. In their place is a series of individual judgements based on context. If I put a light switch into a gallery a s a light switch it is not art, if I put it in as art then it is? A: Exactly. S: So it has a linguistic base your argument? If I say something is art, it is? T: This all sounds like rubbish to me. Art has a function in the real world, to be beautiful or at least to make us realise our own humanity or humanness. If we do not draw boundaries, if we dont make distinctions between art and the rest of the world we cheapen art. A: Or we elevate life! T: Take for example Hegels aesthetics theory. For Kant, existence, and along with it art and culture, could only be witnessed in a subjective sense, in other words only bits of the larger picture could be seen by anyone at any one time. It would be impossible to see the whole. Hegel disagreed with this and stated that, if we used reason, we could look at the entire universe at once. S: But thats clearly impossible isnt it? How can we look at anything other than through subjectivity? T: Think about the philosophy of science, physics, chemistry, do they not claim to be able to look at the entire world at once? There is no suggestion in medicine, for instance that we find a cure for TB in a subjective way. An integral part of the truth of the discovery is that it is reproducible, objective and quantifiable, in other words that it is being viewed in some kind of universal way. Israel Knox has a fine quote about Hegels method Hegel exalted reason to an eminence from which it could have an adequate and coà ¶rdinated knowledge of the whole of reality of reality as the incessant temporal forward march of the Absolute, of Spirit, of God.(Knox,1958: 81). It is reason that is at the basis of scientific discovery so why can not reason be at the heart of Aesthetic theory? A: Because reason is an outmoded construct. T: Let me finish! For Hegel, art is a reflection of Geist, which can be translated as either spirit or mind. In Hegel the two are much the same thing the mind and the spirit could be thought of as the defining entity in man; it is the thing that distinguishes him from anything else. His humanness, if you will. Geist is a manifestation of the order of the universe, the phenomenology of Geist is existence and its highest expression is art and philosophy. In this Hegel disagrees with Kant who, as we saw, thought that Nature was the most beautiful of all things. If art is an expression of Geist and Geist itself is a manifestation of the orderliness or reason of the universe, then it follows that the greatest art must be that which mirrors most succinctly this universal sense. For Hegel, art transcends nature precisely because it is a manifestation of mans spirit. You see, Hegel believed in a system he called dialectics. In the Preface to his Phenomenology of Spirit (1977) (or mind, of c ourse) he outlined his grand scheme of things and one that he was to go on to relate to art in his Introductory Lectures on Aesthetics (1993) of the 1820s. The dialectic is the grand working of history, it describes how progression can be achieved by thesis, antithesis and synthesis rather than relying on the idea of a continual advancement. In art, as in everything, first an antithesis establishes an idea, say the classical period of art; here we have a number of philosophies, ways of seeing and ideas that go up to making what we know about the world. However this is very rarely enough, this is never would we call exhaustive. Our culture, in order to progress, needs an antithesis. The classical period of art then, gave way to a period of Romanticism whereby artists and writers developed startling new ideas and notions that would transform art into something completely new. This second notion is the antithesis, it describes not a backward movement but a negation that can propel things forward; that can ensure a synthesis is formed that unites the two and causes forward momentum. For Hegel, this happens in all walks of life, from ideas and science to art and literature. He takes the great periods of art and shows how they interacted with each, succeeding schools challenging preceding schools and so on until eventually there will be an end to art where we have reached a final stage of enlightenment and there is no longer any need for dialectics. Hegel sees that reflected in his own age, with its use of reason and beauty and its synthesis of ideas and notions. Look at this bed, I see no spirit in this, I see no manifestation of Geist here, I see a manifestation of damp and mildew but very little else. This is not art because it does not conform to any of the notions I have been talking about, there is nothing here of the majesty of the universe nothing that lifts us above our everyday experience, in fact it is our everyday experience. S: I can see how Hegels philosophy makes art seem reasonable and structured, I can see that there is a progression from one idea to another. After all, if you look at a painting of the classical period it looks nothing like a painting of today, does it? Hegel must be right; art must be a reflection of some universal spirit that finds its expression in an ever progressing artistic movement. A: But, of course, if that is the case where is the end point? S: The end point? A: Yes, according to Hegel and the other philosophers of Modernism like Marx, the dialectical process inevitably advances, it has to lead to some end point. In Marx it was the glories of revolution and a Marxist state, in Hegel it was the enlightened mind. For their philosophies to have any form of truth in them this end point needs to taken into account but, where is this end point? Where has it gone? We have had almost 150 years of Marxism and over 200 hundred years of Hegelianism but still there is no sign of reaching the end point that they speak of. Consider this, for Hegel the crowning glory of civilization was his own, and therefore our, age. This was the time at which art and literature, music and culture reached its highest point, the point at which Geist was reflected most in societys artifacts. T: Yes, that is what I said. A: According to that philosophy there can only be progression, there can only be forward motion through dialectics; art, literature, culture can only get better. T: Yes, surly. A: But where is this enlightened society? If anything, society is getting more dangerous, more violent. The canonical image is that of Auschwitz, how can Auschwitz be a symbol of a society getting more enlightened and reflecting the reason of the universal unity? If anything it is a sign that it is getting less enlightened. What about the Russian Gulags, they challenge both Hegel and Marx and the same time! On the one hand they make us question the idealist dialectic of Hegel by suggesting that, far from getting more and more enlightened, society is getting more and more barbaric and, on the other, it questions Marxs dialectical materialism by asking where is this glorious revolution that was promised? What we have is not a series of structured progressions based around thesis and antithesis at all but an ad hoc collection of ideas that are organised retrospectively by history. S: So what does this mean for art? A: Well it means that, not only are the ideas in Hegels aesthetics challenged but also that his very methodology is as well. It was this failure that Adorno and Horkheimer traced in their ground breaking work The Dialectic of Enlightenment (1997). It is not so much that postmodernism negates modernism or reason but that it shows up its failings. In an interesting reworking of Odysseus and the Sirens in their book, Adorno and Horkheimer suggest that there is forever a socio-political aspect to art that precludes it from ever being a universal given. Odysseus plugs the ears of his sailors with wax so that they can not hear the song of the Sirens but he ties himself to the mast, fully able to hear. S: What does this mean for art though? A: Well, it means, for one thing that the experience of the Sirens song (a clear symbol for art) depends upon who you are in the ship. If you are a sailor you only know the dangers of the song, you are blissfully unaware of its terrible beauty and alluring qualities and if you are Odysseus you are know the beauty and the terror but you have the pain and responsibility of denial. The song remains the same, only the listeners change. S: So the value of art,

Management Essays Force Field Analysis

Management Essays Force Field Analysis Force Field Analysis One of the vital tools for organizational transformation is the use of the Force Field Analysis. According to Wilson (2000, p. 207), most situations that have something to do with work can be envisioned as having two sets of forces those that encourage the situation and those that prevent or discourage it. Driving forces are those forces or factors affecting a situation which are pushing in a particular direction (Jenkins). Driving forces tend to initiate a change and keep it going. Restraining forces may be likened to walls or barriers (Jenkins). They only put a stop and prevent movements towards improvements. These forces are acting to restrain or decrease the driving forces. In any group or organization, there are both driving and restraining forces at times of change. The Force Field Analysis suggests ways of dealing with these opposing forces. With reference to this model, analyze the essential stages in the change process, the characteristics of crises and conflict, and the managerial approaches for successfully implementing change. Introduction: Many years ago, Kurt Lewin told us that the best way to understand an organisation is to try to change it (Carter, et al, 2001 p. 4). Different organisations have a number of barriers and challenges to overcome. These can come both from their external and internal environments. These barriers constitute a force for change. Change has always been one of the main features of organisational life. It may not always be welcomed and desirable but it is proving to be the one of the main constant in todays changing environment. An organisation that does not recognize change is an organisation that has ceased to exist in the real world. Organisations respond to different challenges in different ways. Most of these challenges are brought about by the emergence of new technologies, new competitors, new markets, and new customer demands (Harvard). These challenges bring about the need to embrace organisational change in structure, culture, and process. If organisations are contemplating changes, then it will be helpful to determine what forces are acting for or against these changes. As these organisations are moving about and implementing change, they are constantly being bombarded with environmental, social, economic, political, and leadership challenges and pressures. These challenges breed different types of forces. Carefully analyzing the forces that bring about these challenges can help organisations decide, control, and implement balanced change programs in difficult and uncertain times. A model of change calls for identifying the different ways of dealing with these forces by understanding and following the change process, the identification and resolution of crisis and conflicts, and the different managerial approaches to successfully implementing change. Force Field Analysis One of the vital tools for organizational transformation is the use of the Force Field Analysis. According to Wilson (2000, p. 207), most situations that have something to do with work can be envisioned as having two sets of forces those that encourage the situation and those that prevent or discourage it. Driving forces are those forces or factors affecting a situation which are pushing in a particular direction (Jenkins). Driving forces tend to initiate a change and keep it going. Restraining forces may be likened to walls or barriers (Jenkins). They only put a stop and prevent movements towards improvements. These forces are acting to restrain or decrease the driving forces. When driving forces are countered by restraining forces, a certain level of equilibrium develops. This equilibrium can be raised or lowered by changes in the relationship between the driving force and the restraining force. Sometimes, in order to maintain this equilibrium, driving forces may be increased or decreased. In the course of doing so however, additional restraining forces may emerge. Different forces can be modified by reducing or removing forces, stretching or adding forces, and changing the direction of forces. Force field analysis is a management technique developed by Kurt Lewin, a pioneer in the field of social sciences for diagnosing situations (Accel-team). It is often useful when looking at the variables involved in planning and implementing a change program and in trying to overcome resistance to change and inertia. It is also widely used to inform decision-making and planning and implementing change management programs in different organizations. As a vital tool in organisational change, it can identify the relative priority of factors on each side of organizational issues. It can also be used to analyse the forces affecting these issues and situations. Force Field Analysis Process This analysis is carried out with a group using a flip chart or overhead transparency. Usually, the first step is to assess the current situation and agree on the goal of the policy or institutional change. This goal should be written between two columns. All the forces for change (usually, driving forces) and encouraging improvements should be listed on one column and all forces against change (restraining forces) in the other. The next step is to try to establish the weight of each force, that is, how much influence is being exerted by that force using a scale of 1 to 5 where 1 denotes a weak influences and 5 denotes a strong influence. Equilibrium is usually achieved when the sum of the weights of the driving forces equals the sum of the weights of the restraining forces. Force Field Analysis as a Model of Change Wilson (2000, p. 224) says that for most organisations that are about to embark on change process, one of the first steps is for senior managers to spend time reviewing strategies and exploring alternatives. This process may involve away days, seminars, and conferences. Another strategy is to define specific problems and ask specific questions related to the different problems. This may be a difficult task considering the level of energy needed to break the opposition to change and inertia. For example, in analyzing how to improve and increase the number of enrollees in most higher education institutions, questions like, why dont we change the way we screen and accept students or what are the forces which are keeping our strategies in their present trend? The education sector is in a very competitive environment nowadays. Colleges and universities around the world are keen on attracting an even greater number of students even from distant places through different online programs. However, as school administrators are slowly exploring deeper into the root causes of falling number of college students, it becomes clearer that there may be some strong forces preventing substantial changes in strategies from occurring as well as strong forces pressing toward changing the nature of the entire educational system. There might be several forces which point toward more acceptable levels of screening techniques and even ways of attracting prospective college students: Students desire more flexible schedules and more convenient ways of dealing with their instructors. College entrance examinations may not always be the most reliable way of screening and evaluating prospective college students. Technology makes it possible for education related services to simulate traditional classroom environments and interactions. In addition to these forces, schools desire to be the center of excellence on specific fields of learning. Today, schools are continually trying to improve on all the aspects of their student services. There might be other forces which seem to be opposed to these changes. Some of these forces are: 1. Many faculty members in most colleges and universities lack formal training in technology-based educational system. 2. Easing on the present method of screening students and experimenting with the unknown makes everyone involved feel insecure. 3. Testing with new scheduling methods may be risky and can contribute to the deterioration of classroom instructions and the quality of other services. During the clarification stage of the change process, one of the goals of this stage is to be able to clarify misconceptions and provide the forum and venue where doubts can be raised and addressed properly. Identifying the driving and restraining forces are concentrated on reaching a common understanding of what the proposed changes would mean and how it relates to the entire organisation. One of the driving forces is the need to see and visualize the short and long term benefits of any proposed changes. The restraining force may be the lack of specific and detailed information and supporting documentation with regards to the proposed changes. During the implementation phase of the change process, it is necessary to attain a certain level of success. After having clarified some goals, senior management can spend more time developing clear measures of success. Some of the driving and restraining forces can be centered on how and when to measure the success of the implemented changes. In each stage of the change process, it is crucial to attain a certain level of equilibrium so that change can be sustained and be kept going. Force Field Analysis Example The force field analysis has been used in diverse fields ranging from organisational change to self-development. In another example of using the force field analysis for change, let us examine the goal of one manufacturing company. This manufacturing company would like to use new strategies and new technologies in their marketing operations. The driving and restraining force are sorted on common themes and are prioritized according to their magnitude towards change by assigning a score or rating to each force, ranging from 1 to 5 where 1 denotes a weak force and 5 as the strong force. Driving forces Score/Rating Customers want new information on products 4 Improve speed of information delivery to customers 3 Raise level of product awareness 4 Marketing costs are increasing 3 ___________ Total 14 Restraining forces Score/Rating Loss of staff overtime 2 Staff frightened by new technologies 3 Environmental impact of new technologies 3 High cost of new technologies 3 Disruption to daily marketing operations 2 ___________ Total 13 Based on the previous example, it is clear that the driving forces are pushing for new ways of marketing products and services. One of the new technologies which can be used to market these products and services can be the use of web-based technologies and the Internet. The use of the web provides customers a lot of opportunities to gain access to real-time information at a much faster rate compared to traditional marketing techniques like the printing and distribution of card catalogs containing new product information and specifications. This strategy also raises the level of awareness of these products and services as it can cover a wider customer base. Although initially, investing on new technologies can be cost-prohibitive, in the long run, as marketing costs related to printing and manpower eventually rises, the use of web and Internet technologies may prove to be much more cheaper in the long run. One of the restraining forces is the loss of staff overtime. It is one restraining force because these overtimes provide additional pay to employees and it would make it more difficult for these employees to come to terms with these losses due to changes in marketing strategies. The use of the web virtually lessens the need to do overtime marketing jobs especially for those who are working on the field. Sometimes, the staff may be averse to the introduction of new technologies as there is always the degree of uncertainty and job loss to be brought about by them. Crisis and Conflicts Problem solving is often concerned with shifting the balance (Wilson, p.207). As organisations adapt changes, certain relationships are created, certain policies are changed, and some techniques are developed. In handling conflicts and crisis brought about by change, the force field analysis can help identify the different forces that bring about negative and positive feedbacks and reactions from people. Individuals are being asked to give up practices, relationships, attitudes, and sometimes emotions (Wilson, p. 218). In trying to resolve conflicts and crisis situations associated with planned changes, the force field analysis can reduce or remove the force that is causing the conflict situation. It can also stretch or add new forces to counter another force. In certain instances where conflicts cannot be resolved through the addition or removal of certain forces, changing the direction of these forces can be an alternative. If organisations are to put a new philosophy in conflict r esolution, then they are adding a new driving force. Managerial Approaches for Successfully Implementing Change It is a must for organisations undergoing change to create effective processes and approaches for the planning and management of change (Pieters, p.119). Managing change through the use of the force field analysis may inevitably bring forth new ways of identifying factors that can contribute to the success or failure of the change process. Management of change processes must consider not only short term goals but also long term ones. The force field analysis can be seen as the framework in diagnosing interrelationships between the intervening variables in the organisational setup. Management approaches in organisational change should not upset the equilibrium. Sometime, top level managements desire to achieve and see immediate results through increased profits and productivity by increasing the driving forces can breed different sets of restraining forces. A manager that is autocratic and imposes high working standards and discipline on the entire organisation can expect to achieve an immediate increase in output in the short term. However, new restraining forces may develop in the form of increased antagonism and hostility towards the manager and the organisation in general. It may generate discontentment, disillusionment, and increased resistance to change. By the time a new manager takes over, there would already be an increased activity related to the different restraining forces which can cause lower productivity and output. This new equilibrium may need a new set of managerial approaches in order to stabilize the situation. The manager may see the need t o increase output and productivity right away but may try another approach. He may not immediately increase the driving forces but might even try to lessen the restraining forces by engaging in dialogs and other problem solving techniques. With the possible elimination of hostility and negative attitudes towards management, in the long term, the equilibrium (increased productivity) needed to attain a certain level of increased productivity may begin to be achieved through increase in skills and commitment to organisational objectives. It is also important to develop the habits of participative work since it is likely possible that the identification of the different forces can come from the different levels of the organisation (Harvard). Specifically, some of these approaches are the following: Push the decision making down to the lowest possible. The identification of the root causes of problems and the possible solutions to these problems can be found on those that are in the frontline. Begin sharing information freely. By sharing information freely, members of the organisation are encouraged to share their own problems and experiences. Make communication a two way street. It is important to talk and listen at the same time. Eliminate unnecessary symbols of hierarchy and unequal status. These symbols can come in the form of executive lunch rooms and parking spaces. Encourage participatory management. It is important to keep in mind that everyone is also capable of managing different aspects of their life. Get into the trenches with frontline employees and encourage other managers to do the same. This management approach would be construed as a way of bridging the gap between management and the workforce. Give people practice in collaborative work between functions by attacking projects and problems through cross-functional teams. This approach encourages more interaction and communication not only between management and the employees but from among the employees themselves. Help people see the why of change, and work with them to discover the what. It is easy to explain and understand the need for change. What is difficult to understand and see is the why. There are interlocking problems and complex issues that need to be simplified for every individual to see. With respect o cultural change, the following steps and approaches should be considered: Uncover beliefs and values. Acknowledge, respect, and discuss differences between core values and beliefs of different sub cultures within the organisation. Look for incongruencies between conscious and unconscious beliefs and values and resolve by choosing those to which the organisation wishes to commit. Conclusion: It is assumed that in any situation, there are driving and restraining forces that influence any change that can occur. Organisations that are planning some form of changes need to be able to adopt a specific change model that would address most of the issues and problems that would be associated with it. The force field analysis can be a good model for change. This analysis provides a lot of opportunities for organisations contemplating on change to view different situations and identify different sets of forces that can directly influence the change process, conflict and crisis resolution, and managerial approaches to these changes. It also allows the organisation to weigh these forces and adopt priority measures based on the strengths of these forces. In general, it means that the organisation has gotten into grips with the problems that they are currently experiencing and have thought of all the consequences of all the possible solutions. Driving forces tend to initiate change while restraining forces tend to decrease or even stop the driving forces from initiating change. The current setup of todays organisations and the way they adapt to changing environments influenced by a lot of factors and forces makes the force field analysis one of the best models in managing and implement ing organisational change. The harsh reality of life nowadays encourages the removal of restraining forces rather than develop overpowering and driving forces. These strategies provide one of the strongest analytical tools yet for organisational change. Bibliography Duck, Jeanie (2001), The Change Monster, Crown Business, New York. Harvard Business Essentials (2003), Managing Change Transition, Harvard Business Carter, L et al (2001), Best Practices in Organizational Development and Change, Wiley, San Francisco. Kanter, Rosabeth (1992), The Challenge of Organizational Change, Free Press, Canada. Nutt, Paul (1992), Managing Planned Change, McMillan, Singapore. Pieters, Gerald (2000), The Ever-Changing Organization: Creating the Capacity for Continuous Change, Learning, and Improvement, St. Lucie Press, Florida. Wilson, Graham (2000), Problem Solving, 2nd edn, Kogan Page, London. Jenkins, David (1949), Force Field Analysis Applied to a School Situation, Retrieved: May 30, 2005 from http://www.crossroad.to/Quotes/brainwashing/force-field.htm. Force Field Analysis, Retrieved: May 28, 2005 from http://www.pyswww.com/mtsite/forcefield.html. Force Field Analysis, Retrieved: May 30, 2005 from http://www. Asem.org/conferences/2004/conferenceproceedings/koplyay150.pdf Team Building: Force Field Analysis, Retrieved: May 28, 2005 from http://www.accel-team.com/techniques/force_field_analysis.html Sustainable Change Management, Retrieved: May 29, 2005 from http://www.challengequest.com/pdf/sustainable_change_management.pdf Organizational Culture: Change Process, Retrieved: May 30, 2005 from http://www.soi.,org/readaing/change/process.shtml

Accounting Terms :: essays research papers

The following explanations of terms are presented to aid in understanding the narrative discussions and illustrations included in this text and the terminology generally used in governmental accounting, auditing, financial reporting and budgeting. Because this glossary is reprinted from the Government Finance Association's Governmental Accounting and Financial Reporting, the terms and explanations have not been modified to reflect specific Texas school district issues, etc. Synonyms for specific terms also may be presented in this appendix. In such instances, the abbreviation "syn." is used before the term. ACCOUNTABILITY. Being obliged to explain one's actions, to justify what one does. Accountability requires governments to answer to the citizenry-to justify the raising of public resources and the purposes for which they are used. Governmental accountability is based on the belief that the citizenry has a "right to know," a right to receive openly declared facts that may lead to public debate by the citizens and their elected representatives. [SGAC1] ACCOUNTING PRINCIPLES BOARD (APB). Authoritative private-sector standard-setting body that preceded the FASB. The APB issued guidance in the form of Opinions. ACCOUNTING STANDARDS EXECUTIVE COMMITTEE (AcSEC). An AICPA committee that is authorized to issue Practice Bulletins. A Practice Bulletin specifically targeted to state and local governments and cleared by the GASB would enjoy "level 2" status on the hierarchy of authoritative sources of GAAP established by SAS No. 69, The Meaning of "Present Fairly in Conformity with Generally Accepted Accounting Principles" in the Independent Auditor's Report. ACCRUAL BASIS OF ACCOUNTING. A method of accounting that recognizes the financial effect of transactions, events, and interfund activities when they occur, regardless of the timing of related cash flows. ACQUISITION COSTS. Term used in connection with public-entity risk pools. Costs that vary with and are primarily related to the acquisition of new and renewal contracts. Commissions and other costs (e.g., salaries of certain employees involved in the underwriting and policy issue functions, and inspection fees) that are primarily related to contracts issued or renewed during the period in which the costs are incurred are considered to be acquisition costs [SGAS 10] ACTIVITY. A specific and distinguishable service performed by one or more organizational components of a government to accomplish a function for which the government is responsible (e.g., police is an activity within the public safety function). ACTUARIAL ACCRUED LIABILITY. Term used in connection with defined benefit pension plans. That portion, as determined by a particular actuarial cost method, of the actuarial present value of pension plan benefits and expenses which is not provided for by future normal costs.

Criminalistics Case Review :: essays research papers fc

This essay will give a critical review of the R-v-Guy Paul Morin case, which started to take place in Canada over twenty years ago. It will look at both the prosecution and defence cases, the evidence given within both cases and the decisions from both court cases and the appeal, which finally freed Guy Paul Morin. On New Years Eve 1984 Christine Jessop a nine-year-old girl from Ontario, Canada was found murdered in a field about fifty kilometres from where she lived. Christine Jessop’s body had been left in disgusting position, she had also been sexually assaulted and decapitated. The police felt they needed to arrest this killer before another similar crime could be committed. After extensive investigation by the police of at least three hundred and fifty suspects, a young musician and next door neighbour of the Jessop’s, Guy Paul Morin was arrested and spent eleven months in jail waiting for the case to be brought to trial. Whilst incarcerated, an undercover officer was placed in Morin’s cell to try and extract information from him relating to the crime. This was done because the police were aware of the weakness of their case. In all the time Morin was under observation, by the undercover officer, he at no point admitted any involvement in the murder of Christine Jessop . In 1986 the case went to trial, mid-way through, in an astonishing tactic Morin’s lawyer tried to prove that he was schizophrenic. The jury didn’t believe the evidence of the schizophrenia, but never the less Morin was still acquitted of the crime. In the years following the acquittal the Canadian legal system was tested to its limits, Morin’s acquittal was reversed and a new trial was ordered. In 1992 Morin was found guilty of the murder and sentenced to twenty-five years with no chance of parole. In the years following new DNA evidence surfaced proving that Morin was a convenient fall guy in a badly botched investigation. There were a lot of questions, which needed to be asked of both the investigation and the centre of forensic investigation. The prosicution team knew that their case was weak and thus as mentioned before an under cover officer was placed in a cell with Morin. According to the officer, when he asked Morin how he managed to deal with life’s frustrations, Morin answered, â€Å"Me I just redrum the innocent. That’s my cure man.

Religious Symbolism in John Steinbecks The Grapes of Wrath Essay

Religious Symbolism in John Steinbeck's The Grapes of Wrath      Ã‚  Ã‚  Ã‚  Ã‚   In his novel The Grapes of Wrath, John Steinbeck portrays the movement of a family of migrant workers, the Joads, from Oklahoma to California during the Great Depression. Steinbeck's novel, though it is surprisingly lacking in surface-level symbolism, was "conceived [on] simultaneous levels of existence, ranging from socio-economic determinism to transcendent spirituality" (DeMott, xiii). One of the many levels on which this novel can be read is as a parallel to the stories of Christ and the Exodus (Louis Owens, John Steinbeck's Re-Vision of America, quoted in DeMott, xiii). Steinbeck intertwines allegories based on these two stories throughout his novel. Through these intertwined religious textures, and the destitution and depression that constitutes the greater part of the novel, Steinbeck conveys the message of the impending "death of religion" while at the same time establishing his novel as a sort of new gospel for the people. On the surface, one can read Steinbeck's novel in one of two ways: by reading the longer, even-numbered chapters, one gains a close understanding of the life of this particular family. But by reading the shorter, odd-numbered, "intercalary" chapters, which could almost constitute a short novel in and of themselves, one begins to comprehend the "epic sweep" of the exodus of multitudes of workers to California, the apparent promised land. Steinbeck intended to separate these two stories in the reader's mind, as we see in his journal kept while writing the book, published later as Working Days: I find that I am not very satisfied with the numbering of these chapters. It may be that they simply will be numbered with large nume... ...apes highlight the differences between the times in which the two stories were written, and the flaws of the culture in which Steinbeck wrote. The approach of looking at this epic as it relates to the Christian tradition sheds some new light on it, and in addition shows that Steinbeck truly meant this work to be remembered for all time.    Works Cited DeMott, Robert. "Introduction". The Grapes of Wrath. New York: Penguin, 1992: vii-xliv. Levant, Howard. "The Fully Matured Art: The Grapes of Wrath". The Novels of John Steinbeck: A Critical Survey. Columbia, Mo.: University of Missouri Press, 1983. New Revised Standard Version Bible. New York: American Bible Society, 1989. Steinbeck, John. The Grapes of Wrath. New York: Penguin, 1992. Steinbeck, John. Working Days: The Journals of the Grapes of Wrath. Ed. Robert DeMott. New York: Viking, 1989.

Indegenous People Native Tile

Native title is a concept in the Australian law. It is a type of continuous ownership of land by local indigenous Australian. However native title can be combined with non-indigenous proprietary rights. Common law and aboriginal law develop this concept In case of any discrepancy between Australian law and customary aboriginal law, the non-indigenous rights will generally prevail. Native title is a land title and it was recognized in Australia during 1992 by the High Court in the Mabo decision. The native title linked with groups of people whom traditional connections between the lands, waters among the aboriginal people.The native title rights recognized under Australian law. The native titleholders protected to get compensation if governments acquire their land or waters for future developments. The native title is different from land rights. Native title is available to Aboriginal groups with traditional ties to land. Hence people who have always lived in the same area can claim n ative title. The native title is recognized by Commonwealth legislation. On 1st September 1995, the Bardi and jawi people of Dumpier Peninsula and islands of Buccaneer Archipelago filed an application for a native title determination.After registration and public notification more than 155 persons were joined as parties to the application. At last the claim was made on behalf of the Bardi and Jawi people. The applicants i. e. Bardi-Jawi people sought a native title determination in regard to land, waters, water courses, reefs, seas and seabed in the Northern Dampier and Kind Sound Regions of Western Kimberley-Lombadina and One Arm Point, Western Australia. The claim of native title rights and interest which includes rights to the possession, occupation, use and enjoyment of the areas.Besides it protection of cultural knowledge also claimed. The main opponent Western Australian Fishing Industry Council and Telstra were opposed the application. Federal Court Judge Robert French had gi ven a judgment in favor of a native tile application by the Bardi and Jawi people. Their claim is at about 1,037-sq. km area of land at the northern end of Dampier Peninsula. This land surrounded by areas of sea to a three nautical mile boundary comprising Aboriginal reserves and unallocated crown land with many of the 900-strong community living on or near the area.The judge also ruled that the Bardi and Jawi people had exclusive rights to the whole of the mainland they had claimed, as well as right to hunt turtle and dugong in waters in the area and to take pearl shell for cultural purposes, which includes the following rights based on the Sec. 225 Native Title Act indicates the rights and interests. The rights include use and enjoyment rights and these are not limited to the following rights § 1. The right to live on the land 2. The rights to access move about on and use the land and waters 3. The right to hunt and gather on the land and waters4. The right to engage in spiritua l and cultural activities on the land and waters 5. The right to access, use and take any of the resources of the land (including ochre) for food, shelter, medicine, fishing and trapping fish, weapons for hunting, cultural, religious, spiritual, ceremonial, artistic and communal purposes 6. Right to refuse, regulate and control the use and enjoyment by others of the land its resources, 7. The right to have access to and use the water of land for personal, domestic, social, cultural, religious, spiritual, ceremonial and communal purposes.In relation to the offshore waters, the rights were limited to non-exclusive rights of access and use of the areas resources. These rights are exercisable in accordance with the traditional laws and customs of the native titleholders and the laws of the State and Commonwealth. However these are subject to the certain other rights and interest such as 1. Use and Benefit of Aborigines 2. Fishing and aquaculture licenses 3. The interest of Telstra Corpo ration Limited 4. Public right to fish and navigate in tidal waters 5.International right of innocent passage The exclusive native title rights cannot be granted in relation to any flowing or underground waters and the taking of resources cannot be done for commercial purposes. Not only the bardi – jawi people or any other persons can be used. LEGAL The Native Title Act, 1993 §, which was in force from 1st January 1994. In order to provide native title rights, the Act was established. The Australia’s legal and parliamentary systems required providing such native rights to the persons in order to enable economic activity.It was forced by the decision of High court in the case of Mabo Vs. State Queens µ land. The determination of native title in a particular area, land or water depends upon the group of persons and their interests. The offshore place means the water within the limits of the State only. BLUE REEF With regard to the Brue Reef, the evidence established its importance in the mythology or cosmology of the applicants, it did not establish that the law devolved rights in relations to land or waters as a result.This leaves the claimant group unable to protect an important spiritual site. Here the judge has placed undue weight on activity-based use-rights of members of the group and thereby discounting the importance of indigenous forms connection to land. Instead more importance to be given the indigenous rights. In the case of Sampi Vs State of Western Australia. The part of Brue Reef, which lies within 12 nautical mile limit. There was no basis disclosed on the evidence of native title rights in Brue Reef and hence the Bardi/Jawi claim was dismissed.The rights and interest claimed that includes access and use and enjoyment of the reef, and it cannot be as an exclusive right. The Blue Reef also comes under non-exclusive right.  § NON-EXCLUSIVE RIGHTS Non-exclusive rights also proposed to be recognized over the inter tidal zones and associated reefs and areas of water. With regard to the Blue Reef area though it may be evidently noticed the use as traditional and occasional visit and it may be religious significance, the exclusive right to use the persons only cannot be issued. However they can go as usual beside all other like people will go.Mere visiting to the places does not confer any privilege to get the exclusive right only particular people should go which attraction of non-violence of international treaties. It was linked with the claim, which was made by the Bardi-Jawi people previously. The rejection of claim will not be amounted to the exploitation of the Bardi-Jawi people. Hence the claim of Bardi-Jawi people with regard to the Blue Reef cannot be entertained which was linked with more than 12 nautical miles of the water. The non-exclusive possession native title rights exist to the Bardi Jawi people.With this they have the right to access, hunt dugong and turtle, and take resources for food, relig ious, spiritual, cultural, ceremonial and communal purposes. It includes used pearl shell for ceremonial purposes in accordance with the traditional laws and customs. EXCUSIVE RIGHTS The rights over land include the right to live on the land, right to access, move about and use the land, the right to hunt and gather, the right to engage in spiritual and cultural activities, the right to use resources including food and ochre and the right to refuse, regulate and control the use of the land by the others.The rights over areas of water include the right to use and enjoy the reefs and associated water, the right to hunt and gather, including for dugong and turtle and the right to use the resources for food, trapping fish, religious, cultural and ceremonial purposes. Their basic claim was registered in the case lies only with three nautical mile limit back to the commencement point. The claim of Bardi Jawi people first lodged in 1995. Before the claim went to trial and later amended the area from 12 nautical miles offshore to three nautical miles.Hence the claim again cannot be entertained, which was already decided with the three nautical miles of the water. ADVISE TO THE COUNSEL Based on the above, it is identified the following suggestions for which counsel may not entertain the Bardi-Jawi arguments. 1. The claim of Bardi-Jawi people for extension of 12 nautical lines cannot be entertained since they have claimed earlier for three nautical miles only. Once the decision was made cannot be reopened in the same issue. If it is accepted again they will raise for another. 2.With regard to the Blue Reef, which extends beyond sixteen nautical miles from the coast cannot be entertained. Traditional custom is not exclusive right for which every other person can also go. Though it is evidenced by several years that Bardi-Jawi people are using and going for religious significance, exclusive right rights cannot be permitted. 3. The native title right cannot be recognized o n the sea beyond 12 nautical miles, which attract the violation international treaties. The distinction between the existence of native title under traditional law and custom and its recognition by the common law was made in Fejo Vs.Northern Territory, 1998.  µ 4. Those rights and interests will be continued in spite of non- recognition by the common law may be taken into account in the definition of the connection with land and waters, which indigenous people may have by virtue of their traditional laws and customs. 5. The Bardi-Jawi also granted previously non-exclusive rights, which they have been protected sufficient and they can go for the Blue Reef as usual, but it is not exclusive right. 6. The State government power is on nautical miles only up to 3.Hence Bardi-Jawi claim beyond 12 nautical miles cannot be entertained under any stage. Australian Fishing Industry Council and Commonwealth Government will exercise the rights. The commonwealth government has concurrent jurisdi ction with the State in the claim jurisdiction with the three nautical mile limit to the 12 nautical mile limit. The commonwealth has sole jurisdiction beyond the 12 nautical mile limit around Brue Reef. The claimants made a petition for claiming a native title of the land, which is surrounded by an area of sea to a three nautical mile boundary only.Hence more than the claim not permitted for extension beyond three nautical miles still they go for appeals again and again.  § 7. The State government can grant up to three nautical miles since it recognized the role of owners i. e. Bardi-Jawi who have right to exclusive possession of the land, fishing rights up to three nautical mile limit and the right to hunt turtle and dugong and the right to take resources from Brue Reef. CONCLUSION While taking the decision in connection with bardi-jawi, the following must be noticed by the decision makers.In the Australia, the native tile to land has been established by taking the sources of tr aditional laws and customs of indigenous peoples. The principles of international law linked with the decisions taken in connection with native tile to land. The native law has been developed and justified in the Australia based on different colonial histories and styles of the community were acknowledged. * REFERENCES Appendices, http://www. nntt. gov. au/publications/AR_20052006/appendices. asp? PrintContent=True Australian Constitution Act, http://www. austlii. edu.au/au/legis/cth/consol_act/coaca430/ Claimants celebrate native title decision, 2005, http://www. theage. com. au/news/national/claimants-celebrate-native-title-decision/2005/06/10/1118347602071. html Commonwealth Consolidated Acts, http://www. austlii. edu. au/au/legis/cth/consol_act/nta1993147/s4. html Focus: Native Title – September 2005, http://www. aar. com. au/pubs/nat/fontsep05. htm Frequently Asked questions, http://www. nativetitle. wa. gov. au/about_FAQs. aspx International Law, http://www. ohchr. org/ english/law/index. htm Native Title Act, 1993, http://www. austlii. edu.au/au/legis/cth/consol_act/nta1993147/ Office of Native Title, State Government agency, Western Australia, http://www. nativetitle. wa. gov. au/ Racial Discrimination Act, 1975, http://www. austlii. edu. au/au/legis/cth/consol_act/rda1975202/ Sampi v State of Western Australia (No 3) [2005] FCA 1716, http://www. atns. net. au/agreement. asp? EntityID=3203 http://www. ministers. wa. gov. au/ripper/docs/speeches/bardiprogress. pdf http://www. aph. gov. au/Senate/committee/ntlf_ctte/completed_inquiries/2002-04/nat_nattitle_trib/report/report. pdf http://ntru. aiatsis. gov. au/ntpapers/ip04v3. pdf