Spartan Political and Social System Essay example -- essays research p

Spartan Political and Social SystemsSparta was, above all, a state of struggle machine state, and emphasis on military fitness began at bring forth, imprinted through companionship and the governmental system. The education of the Spartan male children prove that the military and war was constantly a huge part of Spartan society, and the laws and systems that Sparta was governed by, only obligate the militaristic attitude into the society of Sparta. That the Spartans needed to be ready for war is proved by the discord between the Spartiate and the helots, who outnumbered and under ranked the Spartans. From birth Spartan children were expected to be physically strong and when male children were decennium days old they were examined by a council of elders to see if the child had nice potential to be a warrior, or if it should be exposed. The children who were exposed were left to die at Apothetae on the slopes of Mt. Tygetus. The children who passed the examination were left in the care of their mothers until they reached the age of s fifty-fifty, at which point they left home to pass away in the barrack with other males, and were educated and trained in how to be a brave and strong warrior. While these children were still living at home they were mainly left in the care of a nurse, who taught them the graduation stage of their life-long education in the military. The nurses taught the children fight their fears as well as general superstition, toughening up the children so they would be able to better go bad when they reach the age of seven and moved the barracks. Plutarch explains in source A how boys at the age of seven were put into the care of the state, and how they would grow up constantly training physically. When in the education system the boys learnt reading a... ...er in Sparta caused the Spartiates to be constantly prepared for a Helot uprise, as P. Cartledge explains in source F The helots were the Spartans slaves and were treated ve ry poorly, being purposely chastise apart in image, given no rights, and beaten on several(prenominal) occasions. In fact each time new ephors were voted in, the helots would be go up and given an annual beating, so as the helots knew their place. all the same this treatment of the helots simply made the helots hate the Spartans, causing the Spartans to be even more prepared to an uprising, bringing the whole dilemma around in a circle. Spartans lived and breathed so that they could be ready for war. Their social and political structure shows this by their education of male Spartans, their laws and government procedures and also the demand to be ready to protect themselves from a potential helot uprise.

The Presentation of Women in Shakespeare’s Sonnet 130 and Griffin’s Ess

The Presentation of Women in Shakespe ars Sonnet cxxx and griffonsSonnet 39What attitude do their presentations of women rebound? dispute indetail how the poets choice & phthisis of language influences your interpretingof meters.It is ostensible in twain wire-haired pointing griffons metrical composition and Shakespe ars poem that theirlove for their beloved is matchless however the presentations and thepersonal interpretations of the cardinal poets consider a totally differentmessage to its readers. It is often in Shakespe bes sonnet cxxx thatwe realize he ridicules his prostitute and praises her in a course thatmisleads its readers to believe that Shakespeare doesnt love her. Whereas, in gryphons Sonnet 39, he puts his lady as the central reason of the poem and this is obvious as almost every line in hispoem begins with the word her. Without a doubt, the first line inboth poems portrays a direct contrast from each other. In Griffinspoem, he compares his ladys hair to threads of beaten golds (line1), which suggests the advanced posture and attractiveness of his lady. Onthe contrary, Shakespeare begins his sonnet by depreciating the viewof his kept woman as she is nonhing like the sun (line 1). This isalso seen in the latter(prenominal) lines of the sonnet her lips are not as redas coral, her breasts are dun-colored and the black wires growing onher head. (lines 2-4). In Griffins sonnet, we bath see how he praisesthe beauty of his lady and her correction with the use of metonymicallanguages. Although the both sonnets seems to be similar, bothadmiring the beauty of their lovers, it is still presumable that the twowomen in the two sonnets are presented in different ways and the pointthat there is a contrast between the two of them. The poem, Son... ...the way how Griffin presents his lady may sound theworlds perfect woman. Nonetheless, because of his hyperbolicalstatements and exaggerations, it may sound perfect to its readers, butthen again, the lady becomes an reckon citation and her beauty isonly artificial. Through a detail carry within the two poems, it isobvious that the two women presented in both poems are not similar. The poets viewpoints differ as they have personal opinions withregards to the qualities possess by their mistress or lady, whethertheyre goddess-like or genuine in nature. As readers, were greatlyinfluenced by the words written by the poets we are bloodsucking ontheir language and words to reveal the implications and the underlyingmessage. 1 crowd P. Wolf. Pimbleys dictionary of Heraldry G Online Available http//www.digiserve.com/heraldry/pimb_g.htm The Presentation of Women in Shakespeares Sonnet 130 and Griffins EssThe Presentation of Women in Shakespeares Sonnet 130 and GriffinsSonnet 39What attitude do their presentations of women reflect? Discuss indetail how the poets choice & use of language influences your readingof poems.It is evident in both Griffins poem and Shakespeares poem that theirlove for their beloved is matchless however the presentations and thepersonal interpretations of the two poets give a totally differentmessage to its readers. It is often in Shakespeares sonnet 130 thatwe realize he ridicules his mistress and praises her in a way thatmisleads its readers to believe that Shakespeare doesnt love her. Whereas, in Griffins Sonnet 39, he puts his lady as the centralmotive of the poem and this is obvious as almost every line in hispoem begins with the word her. Without a doubt, the first line inboth poems portrays a direct contrast from each other. In Griffinspoem, he compares his ladys hair to threads of beaten golds (line1), which suggests the high status and attractiveness of his lady. Onthe contrary, Shakespeare begins his sonnet by depreciating the statusof his mistress as she is nothing like the sun (line 1). This isalso seen in the latter lines of the sonnet her lips are not as redas coral, her breasts are dun-color ed and the black wires growing onher head. (lines 2-4). In Griffins sonnet, we can see how he praisesthe beauty of his lady and her perfection with the use of figurativelanguages. Although the two sonnets seems to be similar, bothadmiring the beauty of their lovers, it is still apparent that the twowomen in the two sonnets are presented in different ways and the factthat there is a contrast between the two of them. The poem, Son... ...the way how Griffin presents his lady may sound theworlds perfect woman. Nonetheless, because of his hyperbolicalstatements and exaggerations, it may sound perfect to its readers, butthen again, the lady becomes an idealize character and her beauty isonly artificial. Through a detail study within the two poems, it isobvious that the two women presented in both poems are not similar. The poets viewpoints differ as they have personal opinions withregards to the qualities possess by their mistress or lady, whethertheyre goddess-like or genuine in nature. As readers, were greatlyinfluenced by the words written by the poets we are dependent ontheir language and words to reveal the implications and the underlyingmessage. 1 James P. Wolf. Pimbleys Dictionary of Heraldry G Online Available http//www.digiserve.com/heraldry/pimb_g.htm

Direct-to-Consumer Advertising Essay

Direct-to-consumer (DTC) advert of ethical drug medicates has become common location in todays society. Every household with a telecasting is aw ar of DTC advertizement as they interrupt their nightly programs. Every issue magazine or local newspaper offers de none on the a la mode(p) medicate remedy for what ails us. This multi-media approach is relatively new for pharmaceutical companies as previously such efforts were directed only at physicians who were the sole residuum makers when choosing medications. With the 1997 change in the forage and drug Administrations (FDA) guidelines on with longanimouss desires to be more involved in their own cargon and intercession, drug companies concur expanded their promotional efforts to include the consumer. This essay pass on numerate at some of the up-to-the-minute regulations concerning DTC advertisement, pros and cons of these ads, and the ethical issues that arise from DTC advertising.RegulationsDirect-to-consume r (DTC) advertising is the promotion of prescription medicine drugs through newspaper, magazine, picture receiver and internet marketing. (Direct-to-consumer advertising, 2010) These ads atomic number 18 directed towards the end user, the consumer, and non the prescriber/physician. Prescription drug advertising has been regulated by the U.S. Food and Drug Administration (FDA) since 1962. Their Division of Drug Marketing, Advertising, and Communications (DDMAC) is responsible for ensuring that companies that right off advertise to the ordinary argon providing teaching that is fair playful, balanced, and accurately described. (FDA, 2010) Even though the FDA has watchfulness on DTC advertising, it should not impose unnecessary restrictions on them as they fall under the category of commercial speech protected by the first amendment (Evans &type A Friede, 2003, p. 387). The Federal Food, Drug and Cosmetic Act requires that anyone who makes, packages, or sells prescription drug s for humans must disclose data in their advertisements approximately the products uses and perils (U.S. Department of HHS, 1999, p. 3).This study disclosure is called the brief sum-up. Contrary to its name, the brief summary is rather lengthy as it must contain every risk associated with the drugs approved use. Prior to regulatory changes made in 1997, these disclosures had to be included in every advertisement making television commercials impractical due to the restricted amount of time available. Now in that location is a distinction between print and broadcast advertising so that only print ads must contain this brief summary. The DDMACs 1997 revisions flat only require audio and/or visual ads to disclose devil things. The drugs major risks in consumer-friendly language, the major statement, and give adequate provision for the consumer to coming the full product labeling (U.S. Department of HHS, 1999, p. 5). This lowlife be achieved by providing a toll free number to call, referencing the full advertisement in a print ad, or making sure brochures are easily friendly outside of a physicians office, like a drugstore or grocery store. By decreasing the amount of information unavoidable in these ads, commercials suddenly became a viable form of marketing.Advertisements seen on television or in magazines are not essential to be submitted to the FDA for praise prior to their release however, companies must submit their ads to the FDA when they first appear in public. The FDA is available to offer their advice to pharmaceutical companies when asked for help (FDA, 2010). one time they see the ad and if they palpate that it violates the law, they will send a warning letter requesting that the bon ton stop the ad immediately. These letters are posted on their electronic network site for public inspection. The drawback to this process is that an ad that violates the law whitethorn be aired without oversight. If the warning letters do not rectify t he situation, the FDA stick out work with the Department of Justice to seek injunctions against companies, or criminally go after firms. (Vogt, 2005, p. 26) The FDA also has the authority to seize drugs that it deems as misbranded and can flush reverse approval for the drug.ProsThere are numerous arguments on the benefits of direct-to-consumer advertising. Supporters of DTC advertising contend that ads can be educational, provide significant health information, and hark back sales to further necessary research and development (R&D). wholeness of the most commonly heard reasons is that DTC advertising has assisted consumers in identify(ing) complaint conditions and engage(ing) in more inform talks with their health care providers. (Pfizer, 2011) Supporters uphold that this advertising helps the doctor/patient relationship by being a conversation starter allowing discussions on disorders and options that a patient whitethorn not gather in known how to talk about earlier. Most patients today are enlightened and desire a greater level of involvement in their health care choices. DTC advertising gives the consumer power through knowledge. Important health information can be delivered in DTC advertising. These ads encounter the ability to reach millions of consumers relatively easily. by dint of print and media advertising, pharmaceutical companies can play a useful utilisation in raising awareness of certain conditions and disorders. Raising the publics awareness can promote consumers to seek medical exam attention when they differently whitethorn not have. Seeing these conditions on television or in a magazine can lessen the stigma associated with them. Large pharmaceutical companies use the money made from DTC advertising to fund their R&D. This research and development plays an integral part in ensuring a drugs galosh which in turn saves generic wine companies from pick outing to repeat R&D on the same drug. This makes generic manufac turers an new(prenominal) supporter of DTC ads. By advertising new, name brand drugs, companies are causing a demand for the medication. Once the drug has lost its patent, physicians can begin prescribing the less expensive generic alternative. The generic manufacturer has benefited by default on the large pharmas campaign.ConsThere are an equal number of allegations on the oppose effect of direct-to-consumer advertising. Opponents of DTC ads ask that ads can be detrimental to the physician/patient relationship, increase medication costs, and harm public health. Those against DTC ads feel that they have the voltage to change the way doctors and patients interact with each other. A patient whitethorn see a particular advertisement and be convinced that they have a certain condition or that they need a particular proposition drug. The patient may then present to their doctor feeling that they have diagnosed themselves and request prescriptions even if not needed. The physician may then feel pressured to oblige the patient rather than discussing other, possibly cheaper or drug free, treatment options. This scenario can lead to over-prescribing and over-use of a particular drug based on the effectiveness of the advertisement. Others have argued that advertising is expensive and the pharmaceutical companies have to infer their cost somewhere.This leads to the cost being passed on to the consumer in the form of high prescription costs. The amount of money spent on DTC ads has increase dramatically from 1997 to 2005 from $1.1 billion to $4.2 billion (GAO, 2006, p. 12). This increase expenditure could create higher healthcare costs across the board. Another cost of DTC advertising could be at the expense of public health. Most consumers lack the specialized knowledge required to evaluate the content of these ads and thusly take them at face value. They may not be fully aware of the harmful side set up or interactions of the drug. DTC ads can be seen as misleadin g since they are not required to mention other alternatives like diet, exercise or other preventative measures. These alternatives could treat the advertised condition without medication. By not including the alternatives, companies are advocating drug use as a primary response to medical conditions. good IssuesPharmaceutical companies have a substantial obligation to run into that their direct-to-consumer advertising is ethical. Their products not only have the ability to help consumers tho they may also cause potential harm. Advertising of a drug is not like advertising of any other product where you are exhausting to convince the consumer to buy something they dont need. Drug advertising needs to educate the consumer while muted promoting their product. Persuasion tactics thence should be ethical. How does one go about knowing if DTC advertising methods are ethical? In the book Persuasion Theory and Practice, ethical panorama is defined as a communication activity that per mits maximum one-on-one choice (Anderson, 1978, p. 3). The key is that the consumer must be able to make a voluntary choice without feeling coerced. DTC ads should not rely on deceptive or manipulative tactics. As previously stated, the consumer can be viewed as a vulnerable audience if they are being spoken to at a level that is beyond their ability to understand (Baker & Martinson, 2001, p. 166).Ethical marketing requires that these audiences not be unfairly targeted because of this vulnerability. DTC advertising ethics is concerned with what drug companies ought or ought not to do. Lying is morally wrong and in that respectfore considered unethical. Using lies or false impressions in a DTC ad distorts the information a consumer receives and can alter the choices they may make (Baker & Martinson, 2001, p. 160). thus DTC ads should not create false impressions or omit pertinent information just for the sake of the ad. The point of DTC advertising should not be change ma gnitude sales but be more of a means to an important social end which should be consumer education.An example of an ethical advertisement would be one that utilizes those messages that demonstrate respect for the consumer to whom they are directed. Respecting the consumer means that their needs are placed before the needs of the advertiser. Currently, the DDMAC does not regulate the ethicalness of pharmaceutical advertising. Their commission statement is, To protect the public health by assuring prescription drug information is truthful, balanced and accurately communicated. (FDA, 2010) Ethical ads tell the truth about their product and do not try to distort its capabilities or hide its defects. (Vaux) Unfortunately an ad can be truthful and still be considered unethical. Ads that play to base human emotions such as timidity can be considered unethical as they are just trying to promote emotions that would cause the consumer to seek relief through the advertisers product.Conclusio nDirect-to-consumer advertising has been integrated into our culture and is likely not issue to go away. Just as there are those who lobby against these ads, there are an equal number of proponents who support them. Regulations have been changed to allow the development of these ads to their current place in our society. As such, the DDMAC is constantly monitoring DTC ads and will need to be the ones to set ethical boundaries and ensure theyre being adhered to. Consumers must evaluate pharmaceutical ads critically so as not to be persuaded as much as they are educated. Although proponents of DTC advertising argue they provide important consumer information, too frequently the ads can operate dysfunctionally by providing misinformation and inducing the consumer to make purchases that are not in either their oblivious or long term interest. (Baker & Martinson, 2001, p. 151) Ethical DTC ads should serve an educational purpose first and a promotional purpose second.They should off er consumers information on alternatives along with true representations of the risks their medications may have. Unethical ads are those that may try to point out your flaws, i.e. depression, and then tell you they have the answer, i.e. Prozac. These unethical ads will use your emotions to cause you to believe you are in need of a fix when in reality you may not be. I believe there is a place for direct-to-consumer advertising. Consumers are constantly looking at for more and more information to help them make better informed decisions.DTC ads, when done appropriately, can be used to provide this information not only about medications but health conditions as well. Decreasing public stigma around certain health issues is another advantage advertising can bring especially if it opens doors for patients to have difficult discussions with their doctors. That being said, I believe that a balance lies with the FDA needing to take a more proactive role in how they manage DTC ads. I thin k that all ads should be required to go through a pre-approval process rather than the current release and retract method. It is hard to take back something that has already been seen and that may cause damage to the consumer.ReferencesDirect-to-consumer advertising. (2010, June 11). Retrieved March 4, 2012, from Sourcewatch http//www.sourcewatch.org/index.php?title=Direct-to-consumer_advertising Anderson, K. E. (1978). Persuasion Theory and practice. capital of stackachusetts Allyn & Bacon. Baker, S., & Martinson, D. L. (2001). The TARES test Five principles of ethical persuasion. Journal of Mass Media Ethics, 16(2), 148-175. Evans, G. W., & Friede, A. I. (2003). The Food and Drug Administrations regulation of prescription drug manufacturer speech A first admendment analysis. Food and Drug Law Journal, 58(3), 365-437. FDA. (2010, April 4). Drugs. Retrieved March 4, 2012, from FDA http//www.fda.gov/Drugs/ResourcesForYou/Consumers/PrescriptionDrugAdvertising/ucm071964.htm G AO. (2006). Prescription drugs Improvements needed in FDAs oversight of direct-to-consumer advertising. Pfizer. (2011). Ethical Sales and Marketing. Retrieved March 5, 2012, from Pfizer http//www.pfizer.com/investors/financial_reports/annual_reports/2010/ethics-sales.jsp U.S. Department of HHS. (1999). Guidance for Industry Consumer-Directed parcel out Advertisements. Food and Drug Administration. U.S. Department of Health and Human Services. Vaux, R. (n.d.). What is the

Baranagy information syste

Municipal Government of Talker is an educational institution that operates on a semesters basis. E re anyy semester, students have to take midterm exam and final examinations along with quizzes, assignments, term papers and other academic performances. Teachers exit compute and submit ground floor reports of students for fall by the wayside. In this regard, most students argon very eager to see their accounts for some reasons. However, students are encountering problems regarding the extremity of the releasing of their grades.The soon available facilities In the university Include the certification of grade report portion impartd by the NEST-MGM vertical flute. Since there is only one employee who does the entire task, students testament be given a specific date or date of the release of their grades that is why students ordain not be able to get their grades immediately. With all these concerns roughly the existing facilities, the proponents decided to develop an autom ated grade check mark eastern This study will sharpen on useing and ontogenesis an Automated Grade Verification System (AGAVES) which wants to enhance the process and melt down of the old brass of rules.Background of the Study The development of the system changed the way society accesses and processes knowledge. It is jazz that automated system tooshie update and monitor information oft easier compared to the manual of arms(a) system. The recording equipment as well as the students of NEST-MGM wants to upgrade their manual system Into automated system. The Registrar spends a lot of clipping In storing, retrieving and update students grades. For these reasons, It Is hard for the students to their grades released immediately. As far as lack in automated system is concerned and in order for the NEST-MGM,Talker Campus to be business office of todays increasingly fast-paced world, this study entitled automated grade validation system (AGAVES) was conducted. The automated grade verification system will conciliate keeping and updating of information faster and more convenient by storing file of the NEST-MGM students in a computer system. The chief(prenominal) function of the system is to enhance the process and flow of the old system that will take students to verify their grades Information. This will likewise lessen the effort of the Registrar in processing and storing files of each student.The information in a computerized system posterior be viewed in a faster way without worrying of data loss. Basically, the researchers want to help the school management as well as the students In solving their problems regarding the long process of releasing grades. The researchers attempt to design and develop a grade verification system which wants to enhance the process and flow of the old system. Statement of the Problem The currently available facilities In the university Include the certification of grade report service provided by the university reg istrar.The Registrar does the manual tiring, retrieving and updating of students grades of Nava Echo University of 1 OFF employee who does the entire task, students will be given a specific date or time of release of their grades that is why students will not be able to crawl in their grades immediately. The long process of inquiry of grades is inconvenient, tiresome and at some instances time consuming and costly. Specifically, it sought to answer the side by side(p) questions 1. What are the inquirements of the NEST-MGM Registrar that shall be included in the development of the system? 2.What are the steps to provide students better says of verifying their grades? Objectives of the Study This study will mainly focus on innovative system that will enable students to inquire nearly their grades through the use of an Automated Grade Verification System. Moreover, the proponents have the following objectives to accomplish 1 . To eliminate or lessen the time consumed in the manual procedure. 2. To improve grade verification system of NEST-MGM such as certification of grades. 3. To keep all students data, secured and in proper storage for next references. 4. To evaluate the system based on the following criteria a. Accuracy b.Reliability . readiness d. Security e. Usability f. Maintainability g. Responsiveness Significance of the Study Most of the time, the students need their grades and the Registrar cannot assure them that they can release it in a short outcome of time so the students have no choice but to cargo deck until it is done. Through the proposed system, it intends to perform the following operations study and develop the manual operation by the office of the registrar find out what are the circumstances causing the delay of the releasing of grades minimize the time consumed in searching for the grades of the students in he filling and retrieval of data.The automated grade verification system shall be done by simply type the ID number of the st udent that will automatically generate the grade information needed. It can provide an instant report of the grades of the students. It is only intended for the students of Nava Acacia University of comprehension and Technology- Municipal Government of Talker and the system covers only the information about the students subject enrolled and their grades. It has a password protection for the security of the system.Security will also be revived using a procedure that will require users to provide access identification before they can work roughly the premises of the system. Only the administration can add, edit, search, and view existing files. The suggest of the study may bring significance to the following For the university, the proposed system can earn them good image because it will bring innovative pick for the students. For the students, the proposed system will provide a convenient, easy-to-use and accessible service that will allow them to verify their grade information.F or future researchers, computerized grade inquiry. For the researchers of this study, the researchers being the main participants, will gain knowledge and experience to improve their skills in programming, system analysis and design. Scope and Limitation The proposed study deals with the development of automated grade verification system (AGAVES) for the students of NEST-MGM, Talker Campus, Talker, Innovative. The system includes the electronic filing, saving, searching and updating of NEST-MGM students records. These features are expected to make verifying of grades easier without using touchstones device.

Reflection “The Boondock Saints”

Reflections on The Boondock Saints Directions In three paragraphs write your reflections of the Movie The Boondock Saints, answering the following 1) What atomic number 18 the ethical issues you see in the movie? List several and give away their ethical or moral concern. 2) How does the plot relate to Utilitarian moral philosophy? Pluralism/Pragmatism? Social Contract Ethics? Use examples from the movie and taper a connection each (e. g. , Act vs Rule Utilitarianism and the value of consequences, Addressing twofold & conflicting values, Type(s)/theme(s) of Social Contracts evidencing, a la Hobbes, Rousseau, Locke, Gauthier). ) Utilitarian ethics, because great deal on the movie judge the appropriateness or wrongness of an act, so it produces consequences to the greatest balance of pleasure over suffering for everyone involved. Social contract, at the end of the movie peck of the state agreed that boondock saints kill cast away mess, so their prime motive being the desire for protection, which entails the surrender of around or all perosonal liberties. 2) The plot is related to utilitarian ethics, because we adage how the Boondock Saints judged people by making what they consider divine justice kill people.Pragmatism, because the Boondock Saints were putting their truths or beliefs in the term of action or parctical operation by killing people. Social contract, because the society agreeded the Boondock Saints actions to snuff it protection, to they the Boondock Saints were cleaning the society in the state. Act utilitarianism Vs. rule the boondock saints did acts and rules judging rightness and wrongness that maximized pleasure and minimized suffering.An example of act utilitarianism is that when Connor and Morphy killed people from the maffia they were feeling pleasure judging wongness. An example of rule u. , they trusted that their suffer rules were right to graven image. Finally, this movie is an example of social contract and utilitariani sm, during the movie we saw the boondock saints having conflicts values in the society when they killed the minister inside the church in front of many people. It created doubts for people about which is true righteousness from God or from the men.

Preaching to Every Pew: A Book Review Essay

Introduction            The mer dischargetile establishment of immigration continues to be a thorny issue in the joined States. The number of Hispanics and Asians is on the rise. Even if there argon sectors in the society who want to limit the number of immigrants in the country, it laughingstock no longer be denied that immigrants play an increasing role in the fabric of the American society. Up to some extent, the authorities and the hoi polloi in the society should be able to cope with this reality and make the scoop use of the situation.            As unlike races enter the United States, culture fails richer and to a greater extent diverse. The society, including the churches, should take none of the changes brought ab bulge break through by this phenomenon and reach out to peck belonging to diverse ethnic backgrounds. This multi heathen setting, however, is a trying social functi on to handle. There argon different issues that gravel to be understood and dealt with if the churches would same to be relevant to all people groups. After all, the church is non besides a church for White people moreover the professional Jesus delivery boy repeatedly stressed the universality of the Gospel and the trade union of all humans.            Cultural diversity includes differences in languageand this not only involves the grammar and modes of speaking and writing. Rather, there are subtle nuances and differences in expressing metaphors and meaning, which is inherent in every language. As such, those who speak side as a turn language would not easily understand metaphors and idiomatic expressions in the English language.            In addition to this, every culture has different practices, which would seem deep or downright crazy to people from an separate culture. If the le nses of a fact culture were utilise to understand another(prenominal), so the result would be dispute and mis intellectual.Dealing with Multi culturalism in the church            The churches are not spared from this roughy of relations with multiculturalism. However, unlike the corporate world that explores how to deal with multiculturalism, churches are floundering with their efforts to reach out to people belong to different cultures. With this reality in North America, Nieman and Rogers harbor preach to Every Pew is a timely advice and provides a enlist in dealing with multiculturalism.            The give is not and the musings of two theorists. Rather, the authors did immense research and interviews with parsons whose ministries are located in multicultural settings. Hence, their ministry is grounded in real(a) practice, thereby providing credence to the concepts and principl es that they explore. Their approach is systematic and oecumenical. They cover all the major factors affecting the issue of multiculturalism.            The authors explore hospitality as a theological mandate for pastors and church members to deal with the cultural diversity in their congregations. Indeed, end-to-end the Old Testament, hospitality1 is an important commandment of matinee idol.In the refreshful Testament, hospitality was all-inclusive to Jesus and blushtually to the disciples as they propagated the world to different areas of the world. Their setting hence was similarly multicultural. Jesus, himself, offers a great example of cross-cultural communication. When Jesus was in Samaria, he happened cultural differences and social differences when he talked and ministered to the Samaritan woman. When he spoke to the woman, he used terms and cultural references that the woman could tinct to. If he did not, then the chan ces are, the woman impart not listen to him and simply dismiss his claims.By looking at the example of Christ, we can see his sensitivity as well as the way he considered the cultural background of the mortal he is talking to. Through these theological principles, then, Christians are reminded of their roots and how they can emulate the example of Jesus and of the early disciples in dealing with believers from other cultural settings. This discussion is then surveyed by an examination of different cultural frames of the congregation.Cultural Frames Affecting DiversityThere are four different cultural frames that the author explored ethnicity, economic pattern, geographical displacement, and religious belief. These cultural frames were used by the authors in explaining the temper and dynamics of multiculturalism in the church. Through carefully crafted chapters, the authors described the cultural frame under consideration. After such a description, they listed down misconceptio ns and dealt with them point by point.According to the authors, the concept of ethnicity is much comprehensive than the term race because the former takes into account the communal identities of peoples instead of merely taking note of colors and physical characteristics. In addition to this, people who move to the United States are usually displaced geographically because of economic demandthey do not have much opportunity to operate on in their countries. As such, they choose to risk their lives and their identities by glide path to America.As a result of the displacement, they become disoriented and they major power feel that they do not belong to the new society where they relocated. Even if they were Christians from their places of origin, they still find it difficult to assimilate themselves to the American society that they find themselves in. In a sense, ethnicity becomes a question of politics and economics. Their social situation also has an important contact on the way they will accept or listen to sermons enjoin to them. Furthermore, because of their cultural backgrounds, they will have different views regarding Christianity and the message it brings.Economic class is another cultural frame through which immigrants view their world. Because they have to work a lot and meet their needs, a lot of immigrants would rather go to work on Sundays rather than attend church and listen to the sermon. This should also be taken into account by preachers. After all, a pastor or a priest talking to middle class families will not make much sense to an immigrant who is barely making a living, in the same way that middle class could not relate with prophesy directed towards rich people.After dealing fully with the cultural frame, the authors then enumerate some(prenominal) areas in the frame under consideration, which preachers, pastors, and in time priests should take into account as they minister through preaching to a multicultural congregation. In con clusion to the chapters dealing with these cultural frames, the authors suggest several strategies in preaching to a multicultural congregation.People from other split of the world tend to bring with them their own religion. When they enter the United States, they might have come from a Buddhist, Islamic, or non-Christian religions. Each religion would have its own worldview and assumptions about the world. Hence, there is also a challenge in communicating with people from different religions. But in a expression of speaking, those who have a similar concept of a personal divinity fudge might be easier to talk to than those from polytheistic religions.In the final chapter of the book, Niemann and Rogers provided a discussion on the ministry of preachers and their role in this fast changing world. Multiculturalism is another issue that they have to deal with if they were to minister effectively to their congregations. With globalization fantastic all over the world and as people become more mobile, the challenges of preaching can easily become gargantuan. The authors, therefore, provided several means in which preachers and pastors can do this.The authors dealt with cultural diversity in the churches. However, they did not worry much on the social advocacy part of the issue. Nonetheless, the authors did a better job of helping church workers be jolted awake in dealing with cultural diversity. The world tends to be confusing and more difficult to deal with because of a great deal of issues. Yet, the authors have drawn upon Gods word and real(a) experiences in the field to draw out interesting concepts and strategies to deal with this cultural diverse world created by God.The Authors            twain James R. Niemann and Thomas G. Rogers teach Homiletics. The former teaches at Wartburg theological Seminary date the latter is Associate Professor at Pacific Lutheran Theological Seminary. Both authors are Lutheran in background. Even with their background, the authors were able to transcend denominational differences to become relevant to most denominations, including the Roman Catholic Church since the issue they are dealing with affects not only protestant churches, but every church in general.Cultural Diversity and the Challenge of the clockCultural diversity can no longer be prevented. In fact, it might grow even more pronounced in the coming years as more and more countries become open to each other. Because of this diversity, people from different cultural backgrounds will have different and etymon interpretations even if they were listening to the same message. Niemann and Rogers book helps preachers deal with this. In the process, they are also helping congregations in the long run in understanding Gods word preached to them.            Preaching to Every Pew is a relevant book to our timesfor mainline protestant denomination and even for the Roman Catholic Church. The book provides a comprehensive look at how culture shapes the worldviews of people and how it influences the already complicated process of communication. Since preaching is a form of communication involving the word of God, the authors then outline principles and practices based on scriptures and on actual practice so that preaching can be more dynamic in dealing with cultural diversity.In this regard, the book is a very useful tool for pastors, priests and even lay preachers. It helps them become more relevant and interesting. Hopefully, by consulting this book, pastors, preachers, and priests can avoid becoming tiresome and insensitive in the church. Rather, they can become dynamic and sensitive to the cultural diversity that God has instituted in the world.            The authors have provided great insights into the cross-cultural nature of society. These are grounded in biblical principles and practica l application. Yet, there is no alternative for loving people and treating them as neighbors in accordance with what the Bible teaches. Differences whitethorn be there but through cross-cultural strategies, pastors, preachers and priests can actually help in making these Christians one although diverse.Conclusion            The Church is Christs legacy. It is His instrument in working out His will on the planet. The church, on the other hand, even through its flaws and mistakes, is called upon to initiate people into the marvelous experience of following Christ. This is do best by preaching and actual means of reaching out to people.            The issue of immigration has been going on in the United States for the past decades. As this trend goes on, the Church is called upon to rethink its strategies and its framework in dealing with an increasingly becoming multicultural society. Although preaching is still a good way of reaching out to these immigrants, redundant strategies are needed so that they can become more unfastened to the message that the church has to offer. If they were tapped and immersed in the life of the church in the United States, these immigrants can add vibrancy and dynamism to the church through their different perspectives2.Christ, as the model of the Church, loved people and accepted them. In the feed of his ministry, he showed cultural relevance and sensitivity. The church should no less than follow his footsteps. Otherwise, it fails to be relevant and it fails the mandate given to it by Christ.  Niemann and Rogers have done a great job in showing to the church and Christians homogeneous how to devised strategies and techniques dealing with multiculturalism in the society and in the church.BibliographyNiemann, James R. and Thomas G. Rogers. Preaching to Every Pew cross-cultural Strategies. Minneapolis Fortress Press, 2001.Warner, R. S tephen and Judith G. Wittner. Gatherings in Diaspora Religious Communities and the New Immigration. Temple University Press, 19981 Niemann, James R. and Thomas G. Rogers. Preaching to Every Pew Cross-Cultural Strategies. Minneapolis Fortress Press, 2001. (p. 18)2 Warner, R. Stephen and Judith G. Wittner. Gatherings in Diaspora Religious Communities and the New Immigration. Temple University Press, 1998, p. 368. 

Greek Mythology and Greek Goddess Aphrodite Essay

The Greek Goddess Aphrodite is known as the Goddess of beauty, love, and pleasure. Aphrodite is equivalent to the Roman form Venus. She is a major beau idealdess that was known to be youthful and the most appealing. As the god of love and affection, she has been involved in many affairs which also resulted in many children.The Goddess is believed to have been born from Ouranos damaged genital propel into the sea by Kronos after a fight. From the damaged part, she was born and arose with a foam in the sea. According to the Greek poet Homer, she was born from the God genus Zeus and the Goddess Dione.Because she was beautiful, many Gods wanted her for their wife. All of them argued over her along with Zeus. The arguments over Aphrodite proceed Zeus was rejected by Aphrodite. In punishment for rejection and for the good of outcome all arguments, Zeus forced her to marry Hephaestus, an ugly god of blacksmiths. She was non faithful in her relationship with the God of Blacksmiths and h ad affairs with other gods such(prenominal) as Poseidon, Hermes, Dionysos, Phaethon, and others. her most famous affair was with Ares, the god of war.Hephaestus was suspicious of her and align up a trap to catch her while she was with Ares. He chained them and dragged them to Olympus to show their shame. They did not take it seriously, resulting in the two being freed and Ares stipendiary a fine.Aphrodite had no children with Hephaestus her children with Poseidon argon Rhodos and Herophilos. Harmonia, Deimos, Phobos, The Erotes, and Anteros was with Ares. Hermess children are Tyche, Peitho, Eunomia, and Hermaproditos. The Charites and Priapus and children of Dionysos. Children from various others are Beroe, Astynoos, Aeneas, Lyrus, Lyrus, and Meligounis.Aphrodite played a major role in causing the fifth column War. She was involved in a disagreement with Athena and Hera that resulted in the Trojan War. Aphrodite promised the Helen of Troy to Paris while she was already married t o King Menelaus of Sparta. outrage by event and abduction of his wife, theKing sent his army to fight in the city of Troy. The Trojan War resulted in the destruction of Troy.

Antigone Essay

The bosh of Antigone is a tragic accounting that means that the familiar themes are going to make the audience thinks twice about their decisions or life itself. This story has a lot of universal themes like facing sin, role of women and the closely important theme in my opinion would be hurt. This universal can be applied to straight offs world. confront darkness subsequently the two buddy named Eteocles and Polyneices fight for opposites sides Creon decides to interred of the brother that fight for his top executivedom ,in this case would be Eteocles and he decides not to buried the other brother because he was fighting against his kingdom. Creon said that Polyneices is a blabber and should not be buried and he should be giving to the bondage (Sophocles 1109). Creon also said Anyone trying to bury Polyneices should pay with death (Sophocles 1109). This is the plosive when darkness began for Antigone figuring out how she is going to buried her brother that she whop and if she is caught she was willing to pay with her life because that prove how much she loved her brother. After Antigone death happen the darkness began for Creon because he killed his father and his song and at present looking for grace something that he didnt deserve. To finalize with this theme darkness change this kingdom. Women can make a huge impact.The story of Antigone reflects this by Antigone fighting on what she believes something that no man was willing to do. She decides to go against his uncle, the king Creon. Antigone tells her sister Ismene that she will bury Polyneices and that Creon has no even up to keep me from my stimulate (Sophocles 1105). Irmene tell Antigone Remember we are women, were not born to mete out with men (Sophocles 1105). Antigone tells her sister I will raise a bus for him, for my dear brother (Sophocles 1106). Back then women was afraid of men because they didnt know how to stand up in what believes for. A perfect lesson of this would Irmene she tells Antigone that she didnt have the courage to join her. In the end Antigone died keen knowing she did the right thing and from that point women began act oning her examples. How the theme of injustice is reflected in the story? To start with, injustice happen from the beginning the story when Creon announcing that Polyneices is not going to be buried until the part of Creon killing his accept family. Antigone was a person who believes that family members should be treated with respect and she was willing to the right thing no matter what happened to her.For example she believes everybody should be buried no matter what they did. In the other hand Creon was person that wanted to follow tradition from the city and God according to him and he was willing to do anything that he thinks should be helpful even punishing his own family. Creon killed his family because they were in favor of Antigone and that is not reason enough because they just were expressing their o pinion. To sum up, these universal themes are reflected in the play Antigone. Out of those themes injustice have to the most impact in this story because that what this story main focus for the readers. The story can be applied to todays world by everything having a consequence. For example Creon regrets killing his father and his son and wants forgiveness from God. If woman like Antigone didnt have the courage to do what she did, women today would be still fear men and the government like Irmene. flora CitedSophocles. Antigone. Schakel, Peter and Jack Radi. Approaching Literature. Boston,New York Bedford/St. Martins, 2012. 1103-1141. Story.

Reflection Paper on “Amistad” Essay

Amistad was based on the reliable story of a group of Africans that were kidnapped and sold as slaves. They revolted against their captors and win, but atomic number 18 later defeated by a group of Americans. Upon arrival for their struggle, they ar represented by an attorney who wins their case several times over but due to corruption and fear of civil war, they are constantly denied their victory until they fin completelyy win out at the supreme court as they were represented by once President of the USA, tin can Quincy Adams and are sent back home, to Africa. The movie focused on thr on the wholedom. thralldom has always been the virtually shocking phenomena of our world. thralldom was the first benevolent rights let go of to arouse wide international concern yet it still continues today. Slavery like practices remains a grave and persistent problem today. Slavery, by itself seems very unnatural and provokes mixed feelings from the heart of each person. Some plural ity are desc restants of those who used to be slaves years ago.Some go about slavery blush in the contemporary times. And some hoi polloi on the button simply do not deduct the possibility of one human being considering another(prenominal) human being its slave. Slavery, by definition, is the first historical form of exploitation, under which a slave along with different implements of deed becomes the private property of the slave owner. So, in other words slavery converts an individual human being into a thing or even some kind of consumer item. This phenomenon has done a lot of harm to millions of people, taking away lives and destroying the fate of the people who could yield been happy. The majorities of those who suffer are the poorest, intimately vulnerable and marginalized social groups in society. Fear, ignorance of ones rights and the need to delay do not encourage them to speak out. Slaves might belong to a different carry, religion, nationality, or ethnic backg round. By focusing on such differences, slave owners felt they could deny basic human rights to their slaves.As what verbalise in the obligate 1 of the Universal Declaration of Human Rights, altogether human beings are born free and equal in self-respect and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood. It means that all people are equal and that there is no superior and we should respect this freedom. We must share them as a people not as an animal. Aristotle said that to win people does not mean that we are superior to them in nature. Article 4 of the UDHR states that No one shall be held in slavery or servitude slavery and the slave trade shall be prohibited in all their form and Article 3 Section 18(2) of the Philippine Constitution states as well as that No involuntary servitude in any form shall exist boot out as a punishment for a crime whereof the party shall have been duly convicted.This two p rovisions simply prohibits forced labor that no person shall be forced to work for the fall inment of a trustworthy debt or gratitude. Slavery is the product and the extension of unjust act. We have these laws to arrest us and protect our rights. Perhaps the most blatantly cruel and most obvious element of slavery is the fact that the slave loses his/her freedom. Slavery is the self-possession of another person as ones own property, thereby relieving them of their basic liberties and freedoms. This total disrespect for humanity was shown in a contour of ways. The slave had no rights whatsoever. The living and working conditions of slaves and their food were extremely poor.Those were merciless conditions in which the slaves had to survive. Endless executions of the slaves made the situation even worse. Slavery was a period of time when one race treated the other race as animals, things, property, but not as people. And despite many efforts to end slavery, it still exists today. Some 27 million people worldwide are enslaved or work as forced laborers. Thats more people than at any other point in the history of the world. In order to effectively eradicate slavery in all its forms, the square off causes of slavery such as poverty, social exclusion and all forms of distinction must be addressed. In addition, we need to promote and protect the rights of all especially the most vulnerable in our society.Where human rights violations have al renty been committed, we are called upon to help restore the dignity of victims. These people were brutally treated, experient inhuman pain and still had the strength to try to learn to read or at least to listen to somebody reading. It is necessary to pay tribute to all these people who in spite of the cruelty in their lives managed to remain kind inside and some of them even tried to understand their masters. As what Aristotle said, Liberty should be always held out to them as the wages of their services.

Forward Integration or Horizontal Expansion? Essay

In previous(predicate) abut 2004, Alejandro Perez, president and CEO of chillyan woodry companionship, Arauco, was roundly to present his recomm endations to the board of directors as to whether the ph aner should invest US$1 billion to construct a b be-assed state-of-the-art chemical substance bod prove. The plant, slice of a multiphase purpose called Nueva Aldea, would annex Araucos force by al almost 800,000 scores to 3. 2 pulverizationion heaps, placing the union as the widest adoptr of commercialise slop, just ahead of Aracruz in Brazil. dickens years earlier, Araucos board approved the foremost phase of the Nueva Aldea project for US$150 million, which consisted of expression a sawmill, ply woodwind mill, and energy complex. The twinkling phase involved constructing a cornmeal mush mill pastime the inaugural of the new Valdivia plant on January 30, 2004. The Valdivia plant had a intentional proceeds capacity of 700,000 tons of slop, with an operating life among 30 and 40 years and expected sales of USD $350 million per year.1 Perez was concerned about the d ca single-valued functionward trend in marketplace soma bells everywhere the hold up trio years. In addition, major radical companies, the sole buyers of market physique, were typically backwardinteg calculated into the ingatheringion of glop. Perez was confident, however, that the board would trust his judgment given Araucos painful success in recent ventures into remanufactured wood merchandises ( such(prenominal) as cut stock, blanks, assimi young rips, and decking balusters), plywood, and fiberboard panels.Perez anticipated the toughest question the board would pose would shareholders be fracture served by a safe-willed forward integration move into story manufacturing rather than the horizontal egress plan he was proposing? Furthermore, was a large resource commitment a good strategic move at this point? History of Arauco and COPEC Arauco was formed with a merger mingled with Industrias Arauco and Celulosa Constitucion in 1979. Both companies had been created 20 years earlier by the Chilean government to develop forest resources, improve soil feel, and promote employment.In the late 1970s, the Chilean government had initiated an aggressive privatization program, which resulted in the sale of Industrias Arauco in 1977 to Compania de Petroleos de Chile (COPEC), a conglomerate involved in oil and gas, fishing, ________________________________________________________________________________________________________________ Professors Ramon Casadesus-Masanell and Jorge Tarzijan (Universidad Catolica de Chile) and interrogation Associate Jordan Mitchell prepared this case. HBS cases are developed solely as the keister for class discussion.Cases are not intended to serve as endorsements, sources of radical data, or illustrations of effective or ineffective counsel. Copyright 2005, 2006, 2008, 2009 President and Fellows o f Harvard College. To effectuate copies or request permission to re pee materials, call 1-800-545-7685, write Harvard work School Publishing, Boston, MA 02163, or go to http//www. hbsp. harvard. edu. No part of this yield may be reproduced, stored in a retrieval system, use in a spreadsheet, or transmitted in any form or by any meanselectronic, mechanical, photocopying, recording, or otherwisewithout the permission of Harvard trading School.705-474 Arauco (A) Forward desegregation or flat intricacy? forest management, and pulp. both years later in 1979, COPEC purchased Celulosa Constitucion, merging the twain entities to create Celulosa Arauco y Constitucion SA (referred to as Arauco). Arauco began its expansion plan in the 1980s, which involved purchasing republic and groves and installing new technology equipment to improve efficiencies to compete effectively in the universe of discourse market pulp arena.The expansion plan paid glum as the phoners fundamental holdi ngs in hectares2 grew from 170,000 in 1980 to 1,200,000 hectares in 2003. 3 Throughout the 1990s, the beau monde increase its doing capacity by constructing a second line at the Arauco mill, introducing new bl any(prenominal)(prenominal)lying systems, entering new product lines, and expanding energy propagation at its plants. By 1996, Arauco moved crossways the border to genus genus Argentina to purchase the guild Alto Parana, expanding the unions overall product offerings, land holdings, and output signal capacity.In 2000, Arauco aggressively increased its capacity yet a off by purchasing its leash mill in Chile, change magnitude output signal in Argentina, and entering into the MDF (medium-density fiberboard) and HB (hardboard) markets through stakes in sawmill PANELS plants such as Cholguan and Trupan. In late 2001, the bon ton commenced a three-year device project of its new mill, the Valdivia mill, at an estimated be of US$600 million. The Valdivia plant had ope ned in January 2004 with a enumerate construction address of US$1.2 billion US$900 million was portion to the purchase of the plants as placeds (a pulp plant and other assets), and US$300 million was for the creation of a light speed,000 hectare forest. 4 The plant was the worlds fifth-largest fagged kraft pulp plant and the largest in Chile. By 2004, Arauco was one of the worlds premier forestry enterprises in calls of plantation areas and yields. It was in like manner involved in the occupation of market kraft wood pulp, saw pure tone, and wood panels with forest plantations throughout Chile, Argentina and Uruguay. Arauco had sales offices in Argentina, Brazil, Mexico, Holland, Japan, and the U.S. , and distri simplyorships in Peru, Columbia, Venezuela, Korea, Taiwan, Thailand, Malaysia, and India. (Exhibit 1 shows Araucos corporate structure. ) COPEC was the volume shareholder with 99. 98% possessorship of Araucos shares. COPEC This company was founded later the stoc k market fragmentize in 1929 with the intention of guaranteeing fuel supplies in Chile. 5 As of the end of 2003, the market capitalization of COPEC was approximately US$9. 3 billion, which represented 12% of the market capitalization of all publicly traded companies in Chile.COPEC was publicly traded with the majority of shares being indirectly held by the Angelini Group (via another company, AntarChile). Anacleto Angelini, part owner of the Angelini Group, was deemed to be one of the 10 richest men in Latin the States by Forbes magazine. 6 COPECs consolidated sales were US$2. 7 billion, with operating income at $375 million. Although 35% of COPECs sales7 came from forestry, COPECs profits were fasten closely to pulp prices, since 78% of the companys EBITDA originated from Arauco. 8 another(prenominal) sales were derived from fuels (60. 4%), fishing (1.4%), and other investments (3. 2%). Araucos Strategy Arauco explained its substitution dodging in a letter to shareholders The central vagary behind our global strategy is to strengthen our congeal as one of the about important forestry companies in Latin the States, employing the companys size to achieve the necessary economies of scale for positioning ourselves as a company that provides a reasonable return to its shareholders while properly meeting its responsibilities to its employees, the uncouth and the communities where it develops its activities.In the forestry area, Araucos strategy is to increase the value of it forest resources, consisting of radiata and 2 Arauco (A) Forward consolidation or even Expansion? 705-474 taeda languish and eucalypt through further purchases but especially through making intense use of the most advanced technologies in genetic improvement, forest management and pest, weed and fire protection. 9 The company matte that it could achieve its strategy through implementing a capital expenditure plan aimed at increasing capacity, efficiency, and productivity in both pulp and wood products.While the companys current strength was in sof iiod through its radiata and taeda yearn forests, Arauco wanted to increase its hardwood pulp production by planting eucalypt trees. By development advanced forest techniques, the company hoped that it would improve product quality and increase margins. An analyst described Araucos appeal reward in comparison with its northern counterparts Arauco has a leading melodic phrase position in the volatile market pulp effort due to its low greet production capabilities.Unlike bl severallyed stack market pulp producers in the Federal Hemisphere, Arauco produces bleached softwood kraft pulp for less than $300 per ton. As a result, Arauco has been able to generate positive cash flows during troughs in the market pulp cycle. Nevertheless, like all producers of market pulp, Arauco is not able to light the impact of pricing swings on its financial carrying into action. This is reflected in the companys credit protec tion measures, which do improved over the past two years as prices see risen.10 Perez gave his view of Araucos perpetrateance against its strategy, in light of difficult economic conditions in Chile During some(prenominal) years, the company has been concentrated in the pulp business because we had young forests. further when while they were maturing, we developed other important businesses like woods and panels that gave a bit more stability to the results. As well, investments made to improve our assets, our operating theatreal strength, and economic conditionslike the well-disposed exchange rate for export industrieshave all helped to reduce operational costs.And, on that points a three reason that were different from other large Chilean companies that have a presence in Argentina. Were lie to exports. The crisis in Argentina has shook us like it has others, but our focus has allowed us to gain access to other markets and weather the storm. 11 An manufacture observer commented on Araucos decreasing reliance on pulp The firm . . . has been diversifying their business lines to minimize the impact of the volatility of pulp pricesone of their principal sources of income.The attempt to expand the companys horizons have already had some repercussions to the companys image traditionally, theyve been called Celulosa Arauco y Constitucion (Celarauco) or Celco, but now the company is positioning themselves more frequently with the name Arauco. 12 Product Segments Arauco had three important product segments pulp products, such as bleached and uncoloured kraft pulp forestry products like pulpwood and sawlogs and wood products, which include flitches, lumber, remanufactured wood products and panels. (Exhibits 2 and 3 show Araucos overall financials, employee base,and sales by product segment. ) physical body chassis was used primarily in the manufacturing of root and posterboard products, although pulp was also employed in other products like rayon, photographic films, cellophane and explosives. 13 3 705-474 Arauco (A) Forward Integration or Horizontal Expansion? Ninety percent of the worlds pulp originated from wood and 10% was produced through alternative materials such as st rough(prenominal) bamboo, bagasse, kenaf, flax, hemp, and cotton. 14 Processes and types in that respect were several types of kraft pulp traded throughout the world.Pulp could either be bleached or unbleached and derived from either hardwood or softwood. Two processes existed for producing pulp mechanical (produced by shredding logs or wood chips) and chemical (made by homework wood chips in a solution). Chemical pulp was further subdivided into two groups sulphite pulp and sulphate pulp (more comm unaccompanied called kraft pulp, meaning strong in German). By 2004, the kraft process was the worlds prevalent chemical pulping method accounting for 95 per cent of all chemical pulp. Kraft pulp was brown in color, and was thus bleached for most applicati ons.For example, in the manufacturing of white penning, pulp was bleached at the end of the pulping process. In contrast, brown stem bags were manufactured from unbleached kraft idea. Arauco elected to produce all of their pulp through the kraft process. a Each kingdom specialized in a given category for example, northern bleached softwood kraft pulp was produced mainly in Canada, the U. S. , Russia and Scandinavia and bleached eucalypt kraft pulp was made mostly in Latin America. Araucos production of pulp oer 50% of Araucos revenues were generated by pulp sales.As of early 2004, Arauco had five pulp mills in Chile Arauco I, Arauco II, Constitucion, Licancel, and the newly constructed Valdivia. The company also controlled another pulp mill, which was part of the whole owned Argentinean company Alto Parana. (Exhibit 4 provides information about each mill. ) Arauco Mills (both I and II) were laid 600 kilometers south of Chiles capital, Santiago, in what was known as the eighth country15 of Chile. The yearbook capacity of Arauco I was 290,000 careful tons of eucalyptus kraft pulp or 200,000 metric tons of RADIATA kraft pulp.Arauco II produced only bleached radiata pine away pulp, and its annual production capacity was about 500,000 tons. Both mills were equipped to produce basal chlorine-free pulpa pulp that emptyed the use of environmentally harmful chlorine gases. Constitucion Mill was located 360 kilometers southwest of Santiago in the seventh region of Chile, and boasted a capacity of 355,000 metric tons of unbleached pulp. Licancel made simple-minded chlorine-free bleached radiate and eucalyptus kraft wood pulp, which was used primarily in the production of printing, paternity, hygienic, and industrial writings.Its production was about 120,000 tons every year. ground in Misiones, Argentina, Alto Parana produced approximately 350,000 tons of bleached softwood kraft wood pulp from tadea pinewood, supplied both from its own plantations and i ndependent sources. The companys pulp mills were not affected by seasonality and generally ran at capacity throughout the year except eight to ten old age of maintenance every 12 months. Arauco was the worlds largest single producer of unbleached softwood kraft pulp, holding 15. 8% of the total market.The company actively exported around the world, with Asia as its major destination for export sales. Pulp represented US$709. 8 million or 48. 7% of Araucos sales in 2003. (Exhibit 5 shows Araucos pulp exports. ) Arauco Electricity generation To combat against rising electrical energy costs in Chile in the first half of the 2000s, Arauco installed two electricity generating turbines beside its pulp production facilities at an approximate cost of $60 million. Combined, the turbines have a capacity of approximately 250 megawatts (MW) per year. Araucos plants used 120 MW, leaving 130MW extra electricity generation capacity.Arauco had decided to install the additional capacity (which cos t roughly $20 million of the total $60 million) so that it could sell the extra electricity to the Chilean a The word kraft was derived from the German word strong. 4 Arauco (A) Forward Integration or Horizontal Expansion? 705-474 electricity grid. Arauco was the only Chilean manufacturing business who engaged in energy trading of such magnitude revenues from selling off the additional energy averaged about $100 million per year. Selling market pulp Arauco marketed all bleached pulp under the name Arauco and unbleached pulp under the name Celco. Pulp was a commodity and was marketed by pulp producers mostly on price and service to nonintegrated wall make-up manufacturers. Arauco aimed to march long-term relationships with nonintegrated paper manufacturers by providing competitively priced and high-quality pulp. (Araucos cost of producing pulp per ton is shown in Exhibit 6). Besides these costs, there were selling and administrative expenses averaging approximately 9% of yearly re venues. The asset beta of pulp production and sales was 0. 9. Arauco also tightly controlled its inventories, attempting to sell its bleached and unbleached pulp at favorable market prices.(Exhibit 7 shows Araucos Chilean bleached and unbleached pine pulp prices (CIF) per metric ton. ) Forests Araucos forestry products were classified as either sawlogs or pulpwood. Arauco was Chiles largest radiata pine owner, with 33% of the countrys total plantations. Radiata pine was a fastgrowing conifer tree and was highly regarded for its quality of wood. Chilean climatic conditions were ideal for the growth of radiata pine, and the country was generally considered to have the richest inbred resources of radiata pine in the world.Common uses for the radiata pine were decorative veneer, form work, cogent and light construction, joinery, paneling, pulp/paper products, wainscotings, packing cases, boxes, crates, and building materials. In Chile, the increase of pulp logs could take place 16 to 18 years after planting and high-quality saw logs could be harvested in 25 years. In contrast, pulp logs cultivated in the northern hemisphere were harvested only 18 to 45 years after plantation and sawlogs required 50 to 150 years. Radiata pine in Chile had a high yield per hectare due to the quality of soil, making it possible to plant a big number of pines by hectare.The first seven to 12 meters of the radiata pine tree was the highest quality part and was used in sawmills and plywood mills. The next eight to 13 meters was doom to sawmills or pulp mills depending on diameter and density of create from raw stuff diffusion. The top section was used for pulp and medium-density fiberboard (MDF) production. (Exhibit 8 shows a diagram of a tree and its multiple uses. ) Forests management Araucos forest holdings were geographically split by farmlands. To control forest fires, the company flowd an agreement dedicated to the constant identification and extinguishing of potential ha zards.(Exhibit 9 summarizes Araucos land and forest holdings in Chile as of year-end 2003. ) In addition to the 900,000 hectares Arauco owned in Chile, it owned 200,000 hectares in Argentina and Uruguay. Bioforest Bioforest was the only forestry science and technology inquiry center in Chile. In its laboratories, nurseries, and greenhouses, Bioforest conducted research and evaluated the latest techniques. The company fed innovations into the rest of Araucos operations but did not publicize its findings to the broader research community, nor did it offer consulting services to outside companies.The total spend on research and development was spread throughout several areas of the company and therefore, exceeded the research and development costs numbered in the companys annual financial statements. With advances in genetics and pest controls, Arauco was constantly quest to improve the quality of its plantations. Bioforest had reached important achievements including the genetic 5 705-474 Arauco (A) Forward Integration or Horizontal Expansion? replication of high-quality radiata pine trees and eucalyptus trees. The company also researched soil fertility and insects aiming to develop strategies for plague control.Among other techniques to kill parasites, the company used natural predators biologically designed and reproduced in its own labs. Wood Products From its plantations, Arauco provided logs to sawmills and pulp mills, and to factories for the manufacture of panels. Arauco also sold logs and a motley of wood pieces on the open market. Arauco supplemented its production of pulp logs with purchases in the Chilean market. The plantations owned by Arauco covered approximately two-thirds of the raw material ask for production.The remaining one-third was purchased from providers and forest owners. The company hired independent contractors to perform most of its forest operations (planting, maintenance, thinning, pruning, harvesting, transportation, and acce ss road construction). In 2003, the company employed over 10,000 workers through more than 300 subcontracting deals, with many contractors having long-standing relationships with Arauco. wholeness important activity performed by independent contractors was the transportation from the forest plantations and in the midst of mills and ports.Fifteen years earlier, Arauco had owned a complete exceed of trucks, but by 2003 the company had outsourced the majority of its transportation needs. In some situations, Arauco provided capital to truck owners in order to expand and improve services. Arauco strove to establish long-term relationships and made renewable agreements of up to three years with truck owners and operators. Sawmills Sawmills cleaned, dried, cut, and chopped logs into sawn timber. Araucos sawmills varied in capacity and capability, with some designed toproduce green sawn timber (wood not dried in a kiln) and others designed to handle kiln-dried wood and remanufactured wo od products. Arauco strategically built its sawmills close to its plantations to cut down on transportation costs and reduce time. The company owned 11 sawmills in Chile and two in Argentina that divided their production between sawn timber (green or kiln-dried) and remanufactured wood products, with an annual production capacity of 2. 5 million boxy meters of lumber. Arauco also owned five remanufacturing facilities that produced remanufactured wood products from reprocessed sawn timber.Like its forest operations, Arauco employed independent contractors to operate all of the sawmills and remanufacturing facilities. By 2003, Araucos sales of sawmill products represent 27. 5% of total sales. The mills had a total capacity of 5. 4 million third-dimensional meters of sawlogs and 2. 65 million cubic meters of lumber. The Horcones II sawmill in Chile and the Misiones sawmill in Argentina were built in the first quarter of 2000 to increase production capacity by 520,000 cubic meters of sawn timber per year. The investment cost for Arauco was approximately US$52 million.At the alike time, Arauco acquired Forestal Cholguan, through which it got the Cholguan sawmill, which further increased production capacity by 300,000 cubic meters of lumber per year. Panels Arauco produced plywood and fiber panels, which represented 20. 4% of the companys sales in 2003. Arauco had expanded capacity first by building a plywood set in 1997 at a cost of US$44 million, which increased production capacity by 230,000 cubic meters. In 2000, it built a second production line at a cost of US$30 million, and the total production of the facility reached 340,000 cubic meters.Maderas Prensadas Cholguan S. A. also became part of Arauco when the company bought Cholguan in 2000, increasing the capacity by approximately 300,000 cubic meters of MDF and HB. During 2002, two new mills MDF were set up, one in Chile and another in Argentina at a cost of US$135 million, amounting to a combined product ion capacity of 500,000 cubic meters. With all of these investments, Araucos current capacity was large than one million cubic meters per year, making Arauco one of South Americas largest panel producers. 6 Arauco (A) Forward Integration or Horizontal Expansion? 705-474 Log MerchandizingArauco used a process called log merchandizing to lay the location of cuts on each log and the order in which each section was sent to different adjoining facilities. Log merchandizing involved the use of a computer-driven scanner, which identified the logs diameter, the shape of the knots and the optimal points for the cuts. afterward a log was cut, it was automatically grouped and then sent to one of three destinations sawmills for timber, panel production or the chip plant (for ultimate pulp production). It was estimated that the log merchandizing process saved millions of dollar signs per year as a 10-centimeter (3.9 inches) error variation for an optimal cut in a major batch could result in $50 million in losses. The investment to install the specific assets related to log merchandizing cost about $30 million. As an Arauco executive stated You have no idea of the quality of the tree and the number of knots until you cut it down. The log merchandizing process ensures that we are using the parts of the tree for the right purpose. Alto Parana Arauco acquired Alto Parana in 1996, with the main goal of kick-starting profitable businesses in Argentina. The acquisition included a pulp mill and plantations.Alto Parana was located 1,300 kilometers northeast of Buenos Aires, in the Misiones state of matter of Argentina. The Alto Parana plant was the biggest pulp market producer in Argentina, with a capacity of 350,000 tons per year of bleached softwood kraft pulp. Arauco obtained raw material from Alto Paranas plantations. While the plantations spanned 173,000 hectares, only 86,000 hectares were planted. Since these plantations were not satisfactory for Alto Paranas pulp mil l capacity, approximately 50% originated from third parties. Alto Parana frequently entered into dialogs with third parties negotiating on thebasis of price, quality, availability, and delivery. Sometimes, price negotiation escalated to local government as the forestry industry was the lifeblood of the Misiones province. The proximity of third-party resources was another critical concern as transportation costs ate into margins. Alto Parana was located far away from the main ports in Argentina. Thus, it was neither plausible nor cost effective to transport raw material from other countries. Argentinas main forestry zones were located in the provinces of Misiones, Corrientes, Entre Rios, Chaco, and Patagonia.Apart from Misiones, where Alto Parana was located, Corrientes was the closest at 300 kilometers from the Alto Parana facility. In 2003, Corrientes had pine and eucalyptus plantations spanning 117,000 and 71,000 hectares, respectively. Exhibit 10 shows the approximate costs of lumber transportation inside Argentina. In addition, there were loading costs associated with moving raw materials from the forest plantations to the plants. Owners of Argentinean plantations had to choose between exporting the wood to foreign nations or selling the wood to local- found enterprises.It was estimated that the following firms would require approximately 50,000 tons of market pulp each. The main Argentinean firms that postulate wood as a raw material were Celulosa Argentina S. A. , specializing in the production of bleached pulp, and located in Santa Fe, 900 kilometers from Parana, with a capacity of 95,000 tons per year. Faplac S. A. , manufacturer of PBO (particle boards), located in the province of Buenos Aires about 1,000 kilometers from Alto Parana, with a capacity of 50,000 tons per year. 7 705-474 Arauco (A) Forward Integration or Horizontal Expansion? Ledesma S. A., manufacturer of notebooks and commercial paper, with a production facility in San Luis, 1,400 kilometers from Alto Parana. Ledesma manufactured about 85,000 tons of paper a year, although most of the raw material it needed to produce pulp came from sugar cane. Massuh S. A. , manufacturer of pulp and paper, with a production of 120,000 tons per year. Its pulp and paper plant was located in Quilmes, Buenos Aires province, more than 1,300 kilometers from Alto Parana. Papelera Jujuy, paper manufacturer, located in Jujuy, 1,100 kilometers from Alto Parana with a capacity of 50,000 tons per year. Papelera Tucuman, paper manufacturer, located in Tucuman, about 1,000 kilometers from Alto Parana, with a capacity of 50,000 tons per year. Pulp and publisher Industry The global pulp and paper industry consisted of five main activities forestry, pulp production, paper and board production, distribution, and converting. Most of the larger players in the industry had integrated operations that involved two or more of the to a higher(prenominal) place activities. The industry had under gone a number of mergers and acquisitions in the 1990s as pulp and paper manufacturers struggled to enhance efficiencies, increase capacities, and lower costs.Some industry observers entangle that the highly fragmented nature of the industry meant that prices were less stable. Several of the larger companies were considered to be to the full integrated with the ownership and operation of forests, pulp mills, paper factories, distribution, and converting facilities. Other firms chose to focus on a particular category. The overall paper quest was determined ultimately by consumers willingness to purchase products such as newspapers, magazines, office paper, stationary, and a host of home products such as weave and toilet paper. newsprint and paperboard in packaging was widespread and used across most consumer and industrial applications. The overall usage of converted paper products (newspapers, magazines, tissue paper, diapers, etc. ) created the demand, which determined the pric es for pulp and paper. The main consumers of paper were from northbound America, with an average custom of 326. 5 kilograms of paper per person per year. Western Europe, Japan, and mainland China consumed approximately 190 kilogram per person per year. Developing countries in Asia, easterly Europe, and Latin America were also increasing their usage of paper products.For example, corrugated paper in China was estimated at 13 to 15 billion cubic meters a year, with growth rates projected to be 10% annually for the next 10 years. 16 The possibility of such growth had spurred several pulp, paper, and chemical companies to form joint ventures with Chinese firms. Pulp and paper prices fluctuated as producers lowered prices in times of soft demand, and moved to increase supply by building more capacity when demand was predicted to increase. Suppliers of pulp and paper controlled inventories tightly, releasing products to the marketplace at targeted times.(Exhibit 11 shows the worldwide consumption of paper. ) Environmental ConsiderationsRecycling and Substitutes to Paper Governments had been increasing regulations for pulp and paper companies to avoid clearcutting forests, to reduce chemical by-products such as chlorine, limit gas emissions from the operation of factories, and increase recycling. With greater environmental pressures, the three R slogan (reduce, utilise and recycle) was creating alternative industries and increasing global 8 Arauco (A) Forward Integration or Horizontal Expansion? 705-474capabilities to recycle paper. For example, in the U. S. , it was estimated that approximately 42% of paper was recovered for recycling. 17 Recycled fibers from paper replaced the use of pulp in paper manufacturing. Using recycled fibers had several advantages, including lower costs to recycle paper than to produce pulp, the reduction of wood usage, lower residues released into the environment, and an overall drop in the cost of environmental treatment. The major d isadvantage of using recycled fibers was that its output per comparable ton was much less than pulp.Recycled fibers could be reused between five to seven times after seven times, the fibers became too short for papermaking. 18 Recycled fibers were experiencing modest growth, with production growing at a compound annual growth rate of approximately 6% moving from 48 million tons annually in 1980 to an estimated 150 million in 2000. Some industry observers felt that the increasing use of computers, handheld devices, and mobile phones would act as a substitute for paper. However, with more information passing through these mediums, other industry observers felt that paper usage would increase.The Paper and Paperboard Industry Over half of the material that went into making paper and paperboard was made using pulp. Other materials included recycled fiber, chemicals, and minerals. By mixing together different variations of softwood or hardwood pulp, the paper manufacturer could produce a product for a specific intent. Paper products ranged from uncoated free sheets (such as regular writing paper) to coated free sheets, tissues, newsprint, and coated and uncoated groundwood. The worldwide paper market was estimated to be greater than 330 million tons at the end of 2003.The paper market had experienced three years of soft demand with no real growth in dollar terms since 2000. As of March 2004, an analyst assessed the worldwide paper market Global paper demand is on the mend. U. S. prices are apparent to lead the way into price recovery with a meaningful positive effect on U. S. earnings in the second quarter and should gain further in the second half. The U. S. dollar sets the tone for the sentiment to invest in the paper sector. While a weaker U. S. dollar undoubtedly has negative implications for earnings in the near termthe impact of a weaker U. S. dollar is dwarfed in comparison to the impact of higher prices. . . . European paper prices have bottomed in our vi ew and it appears likely that higher prices should start to impact earnings in some early cycle segments from the third quarter onwards. Later cycle segments, such as newsprint and SC paper, should see a nice price jump in the early stages of 2005. Prices have been on a downward flight since the fourth quarter of 2000 but the tide is now turning. 19 Paper and Paperboard CompaniesMost of the large paper companies chose to operate a all integrated structure that included the ownership of forests, pulp mills, paper manufacturing facilities, distribution arms, and converting capabilities. However, there were a number of smaller local firms that produced paper based on the specific need of their markets. These smaller paper manufacturers typically purchased raw materials such as pulp from suppliers based on the type of pulp (bleached, unbleached, softwood, hardwood, etc.), the cost, and the service details. Some industry insiders felt that maintaining a fully integrated structure allo wed for greater negotiation leverage with the main suppliers to the industry, such as chemical providers and paper and pulp machinery manufacturers. 9 705-474 Arauco (A) Forward Integration or Horizontal Expansion? Exhibit 12 shows a list of 25 of the worlds largest paper companies. The top five producers included 1. global Paper Co. (U. S. ) had revenues of $25. 2 billion and profits of $302 million in 2003.The company was a fully integrated enterprise producing plywood, paper, pulp, packaging, and chemical by-products from papermaking. It controlled over 10 million acres of forestlands in the U. S. , Brazil, and New Zealand. 20 2. Georgia-Pacific Corp. (U. S. ) had revenues of $20. 2 billion and profits of $254 million in 2003. Like its main rival, International Paper Co, Georgia-Pacific was a vertically integrated competitor in pulp, paper, lumber, plywood, oriented strand board, adhesives, and a number of paper consumer products.The company planned on spinning off its consumer products division but changed plans due to weak virtue markets in 2002. However, it did sell majority ownership of its distribution arm, Unisource Worldwide. 21 3. Stora Enso Corp. (Finland) had revenues of $15. 2 billion and profits of $182 million. Stora Enso was involved in the manufacturing of a wide chassis of products such as magazine paper, newsprint, fine papers, packaging, graphic products, office papers, wallpaper base, and sawn timber. 22

Judicial Precedent in the English Legal System

The school of thought of juridic causality is base on the principle of st atomic number 18 decisis which operator to cubicle by what has been trenchant. It is a common police force principle whereby resolve argon curb to come in antecedent purposes in bailiwicks where the veridical facts are sufficiently like and the primarily purpose was do in a decidehip to a higher place the current whizz in the phi grounder hierarchy. This doctrine of causation is exceedingly strong in incline rectitude as it ensures fairness and torso and it highlights the importance of incident impartiality in our good system.Blacks police dictionary defines agent as a rule of police force established for the scratch line time by a motor lodge for a particular fictitious character of geek and on that pointafter referred to in deciding interchangeable fortunes. For this system to ply successfully, in both flagitious and civil judiciarys, three things are requisit e a settled lawcourt structure, a proportionality make up sensations mindndi and high-fidelity records of the decisivenesss do by master courts. A settled court structure is postulate as supposes compulsion to know which decisions they are ricochet to line. The English romance hierarchy was largely established by the Judicature Acts 1873-75.The crime syndicate of Lords was made the final collection court in 1876 under the appellate Jurisdiction Act, in 2009 the autonomous speak to became the final appeal court. at that place are two court systems, criminal and civil, and they both contain conglomerate appeal r startes in a vertical court structure. As the UK is a member of the EU, the European chat up of Justice and the European judicatory of military man Rights bind entirely English appeals in respect to matters at bottom their jurisdiction. For criminal graphemes the Supreme juridical system, formally the home base of Lords, is the most superior cour t in the hierarchy.It binds all courts bring low than itself and generally follows its throw ult decisions. The next court beneath in the hierarchy is the Court of magical spell (Criminal Division), they are bound by the past decisions of the Supreme Court/ domicile of Lords and its own past decisions. Both Supreme Court and Court of Appeal form a way of avoiding following their own binding condition which I provide discuss later. Below the Court of Appeal is the Queens judicature divisional Court, they are bound by both Supreme Court and Court of Appeal.They are bound by their own past decisions provided they rear end ram a flexible approach in prove to protect the liberty of the respective(prenominal) in question. The last two courts in the hierarchy are the Crown Court and Magistrates Court. These courts are bound by the Supreme Court, Court of Appeal and Queens Bench divisional Court however they are non bound by their own decisions and they do non bind any oth er court. The civil court hierarchy is different the Supreme Court is still the superior court, followed by the Court of Appeal (Civil Division).The next court down the hierarchy is the Divisional Courts of The in high spirits Court, which are bound by the Supreme Court and Court of Appeal, withal bound by their own decisions. The next court is the broad(prenominal) Court, they are bound by the decisions of all three superior courts and the decisions of the High Court bind the two modest courts which are the County Court and Magistrates Court. The inferior courts are bound by all superior courts precisely they are not bound by their own past decisions. The dimension decidendi, the lawsuit for deciding is the legal principle which the decision of the court is based upon.It is the balance decidendi which forms the binding precedent which must be followed in prospective gaffes of standardized fact, the same court and all courts below it. An example of a ratio decidendi is in the case of R v Howe (1987) where the House of Lords held that the plea of irons was no defence against the wake of murder this judgement became binding precedent which must be followed by the Supreme Court and all courts below it. It is in like manner significant to mention the obiter dictum which forms the remainder of the judgement. An obiter dictum means other things said and these statements do not bind however they cigaret form highly convincing precedent.An example of an obiter dicta statement is also found in the case of R v Howe (1987) where the judge stated that if the charge had been attempted murder rather than murder, past manacles would still not mystify been obtainable as a defence. This statement was obiter dicta because it did not recompense off relate to the facts of this particular case. This persuasive precedent was followed in the case of R v Gotts (1992) where a defendant charged with attempted murder tried to use the defence of duress in the Cour t of Appeal. The ratio decidendi of R v Gotts (1992) then formed its own binding precedent.Other persuasive precedents include decisions of the Scottish courts and those made in the courts of other Commonwealth countries much(prenominal) as Australia and Canada. This whitethorn be because a case with these particular facts has not been heard in the English Courts forward but may have been heard in another country. This was the case in R v R (1991) where the Court of Appeal and House of Lords followed antecedent decisions made by the Scottish courts that a man could be found guilty of raping his wife. other persuasive precedent are dissent judgements which come from the appeal courts.In the Supreme Court and Court of Appeal the cases are heard by more(prenominal) than one judge and well-nightimes a decision is reached by besides a absolute majority of these judge. The judges in the minority depart also transcend a judgement for why they came to their decisions and this is c alled a dissenting judgement. A dissenting judgement was followed by Lord Denning in the case of Candler v Crane Christmas (1951). The final requirement to ensure effective procedure of judicial precedent is that thither needs to be accurate records of the decisions of the superior courts. These rotter be found in uprightness Reports.It is crucial that accurate records are obtainable so that it is possible for the binding and persuasive precedents to be found. 1 example of a law report is the All England Law Report, law reports are also found in the media, The Times publishes law reports weekly. The reports contain all relevant information relating to the case names of litigants, cases employ, solicitors, barristers, a summary of the facts and the judgement itself. There are a number of advantages and disadvantages to judicial precedent and how it operates in the courts in England and Wales, most advantages have corresponding disadvantages. unrivaled advantage is the inferen ce it provides, as the courts follow past decisions. Due to this certainty people are more aware of what the law is and have a better idea of how it may be applied in their case. In the House of Lords exert Statement 1966 it points out how important certainty inside the law is. Another advantage is consistency and fairness in the law so it house be seen that similar cases are heady in a similar way. In order for law to be presumptive it must be consistent. For example, the ratio of R v Howe that duress is no defence to the charge of murder must be followed in cases of similar material fact.There is a wealth of detail contained in the describe cases. The principles set out in the cases are a response to veridical life situations and things that may have occurred and this can guide future litigants. every(prenominal)where time the law allow for become more comminuted as it will gradually be built up by all the variations of facts that come before the courts. Judicial precede nt is also flexible and in that location is room for the law to change as the Supreme Court can use the Practice Statement to overrule cases. An example of flexibility is in R v R, after the judgement was made, Parliament amended the intimate Offences Act 1956, stating that marital rape is a crime.The doctrine of precedent also allows for new or original precedents to be make waterd. This will occur when there are no previous decisions on the case before the court or there is no legislative provision. Therefore an original precedent makes legal provisions for a matter for which there was previously no law. An example of this, where the matter had no come before the court before and Parliament had no guidance to offer, is found in Gillick v double-u Norfolk and Wisbech Area Health Authority (1985). In this case the House of Lords had to decide whether girls under the age of 16 could be prescribed contraceptives without parental consent.The Lords decided that girls could be prescr ibed contraceptives in this circumstance, provided they could understand the issues involved. Judicial precedent can also been seen as a useful timesaver. Where a principle has already been established, cases with similar material facts are un belike to have to go by means of a lengthy litigation process. A major disadvantage of judicial precedent is how rigid it is. An unjust precedent can lead to upgrade in evaluators, as once the Supreme Court sets an unjust precedent it wont be overruled until a case with similar facts goes on to the Supreme Court on appeal.The chances are that this may not happen for umpteen years. Also, the law may become outdated and require modernisation. An example of this is where judges since the 1960s had felt that the law stating a builder did not owe a vocation of care to persons they had sold a house to was unfair. Lord Denning made obiter comments regarding this to the effect that a duty should be owed. However the law was not changed until 1978 in Batty v Metropolitan Property Realisations Ltd where it was held that a duty of care was owed.Sometimes the law will only be changed if an individual had the courage, the persistence and the money to appeal their case. It can be very difficult for anyone to conduct thorough research into the law hundreds of judgements are made every year so it can be hard to discover the precise law on a matter. In order to find this out a person may have to search through many a(prenominal) volumes of law reports, the complete official law reports are estimated to run to roughly half a million pages. The judgements are often complex and indeed it can be difficult to determine what the ratio decidendi of a case actually is.In the Court of Appeal and Supreme Court there is more than one judgement to consider and a common ratio must be decided by the judges in future cases. A judge may also give more than one ratio, for example in Rickards v Lothian (1913) where Lord Moulton gave two ratios for not attribute the defendant liable. Judgements themselves are often long with no clear preeminence betwixt comments made and the reasons for the decision. In Dodds Case (1973) the judges in the Court of Appeal were unable to find the ratio in a decision of the House of Lords.Also, the use of distinguishing to avoid past decisions have lead to some areas of law becoming very complex. It can also be argued that judges are overstepping their constitutional role by actually making the law rather than just applying it. Judicial precedent maybe seen as monarchal as it is the role of Parliament to create law, the judiciary are there to enforce it. In the same way it can also be seen as undemocratic as judges are not pick out and thence should not be making law. Another disadvantage is that there is no opportunity for the judge to research or consult experts on the likely outcomes or effects of their decisions.Therefore judges are restrain to making their decisions based on the argu ments presented in the course of the case. Despite the doctrine of judicial precedent being a major factor in the English legal system, there are a number of ship canal by which a judge may avoid following a precedent. Distinguishing is a method which can be used by a judge to avoid following a precedent. If a judge finds that the material facts of a current case are sufficiently different from those of a previous precedent and can draw a distinction between them, then he is not bound by the previous decision. ii cases that demonstrate this process are Balfour v Balfour 1919) and Merritt v Merritt (1971). In both cases a wife was making a claim against her husband for give of contract. The judgement in Balfour was that the claim could not succeed as it had been a domestic arrangement rather than a legal one and therefore was not legally binding. In Merritt the court held that there was a legal contract between husband and wife and the agreement had been made in writing and in like mannerk place after they had separated.This distinguished the case from Balfour, the agreement in Merritt was not just a domestic arrangement, and it was a legally enforceable contract. This provided sufficient differences between the cases that the judge in Merritt did not have to follow the judgement made in Balfour. Another mechanism which can be used by judges to avoid following precedent is over opinion where a court in a later case states that the legal ruling decided in an preferably case is wrong. Overruling is where a higher court does not follow a precedent set in a previous case, either by a turn down court or by itself.This may occur when a higher court overrules a decisions made in an earlier case by a lower court. An example of a superior court overruling a previous precedent set by a lower court is Hedley Byrnes v the Tempter and Partners (1964) which was a claim for damages arising from negligent and misleading advice. The House of Lords overruled the decisions o f the majority in the Court of Appeal in Candler v Crane Christmas (1951) and held that there can be liability for making a negligent mis-statement. However, too frequently overruling casts doubts on the certainty of the law and leads to inconsistencies.For lawyers to be able to give good advice the law must remain relatively safe to foreshadow and this not the case if senior judges use every available opportunity to reverse the decisions of their predecessors. Some alarm was caused in the 1986 case of R v Shivpuri (1986) which was the first use of the Practice Statement in a criminal case. The House of Lords overruled their own previous decision made in Anderton v Ryan which had only been made twelve months earlier as they believed that the law (Criminal Attempts Act 1981) has be incorrectly applied.On the other hand, the House of Lords have often been reluctant to overrule even bad previous decisions. This was illustrated in Jones v Secretary of State, where the decision in R v D owling was allowed to stand even though four of the seven Law Lords thought it was wrong. The need for certainty is still highlighted in the decision of the House of Lords since 1966. Both of these practises can be useful in allowing flexibility within the law but can also lead to uncertainties and inconsistencies which undermine the reliability of the system.However, where these two line of latitude ideas of certainty and flexibility is concerned, there will never be one definite solution to satisfy all. Disapproving can also be used by judges to avoid following precedent this is where a judge states in his judgement that he believes the decision in an earlier case is wrong. This may occur where the present case is on a related point of law but the point of law is not sufficiently similar for the earlier decision to be overruled. It can also occur where the judge in a lower court in the hierarchy than the court which made the original decision.In this situation the lower court can not overrule the superior court however they can reject of the decision by expressing their view that it was wrong. An example of this is found in the case of R v Hasan (2005), this case was about the availability of the defence of duress by threats, to a criminal offence. The main point of the case was whether a defendant could use the defence of duress if he should have accomplished that he was putting himself in a position where he big businessman be pressurised into committing an offence.Reversing is similar to overruling however it occurs where a higher court does not follow precedent set by a lower court in the same case. Reversing is where the same case has gone to appeal and the appeal court reaches the opposite decisions to that of the lower court. An example of reversing is found in Fitzpatrick v Sterling House Association Ltd (2000). In this case the Court of Appeal refused to allow the homosexual partner of a deceased tenant to take over the tenancy due to regulations laid out in the hold Act 1977.On appeal the House of Lords reversed the decision of the Court of Appeal. The Practice Statement 1966 was issued by the House of Lords, declaring their intention not to be bound by their own previous decisions. The Practice Statement allowed the House of Lords to change the law if they believe that the decision made in an earlier case is wrong. It gave them to the flexibility to refuse to follow an earlier judgement when it appears right to do so. This was shown in the case Herrington v British Railways climb on (1972) which involved the law on duty of care owed to a minor trespasser.In the case of Addie v Dumbreck (1929), the judgement was that an occupier of land would only hold a duty of care for injuries to child trespassers if they were caused deliberately. In Herrington the Lords held that kindly and physical conditions had changes since 1929 and therefore the law should also change. The judgement in Herrington was that land owners did owe a duty to prevent injury or stopping point to child trespassers. The Court of Appeal can also refuse to follow its own previous decisions under three exceptions that were bought up in the case of Young v Bristol Aeroplane (1944) These exceptions are as follows If a previous decision conflicts with a later House of Lords (Supreme Court) decision, it must follow the decision of the House of Lords if there are two conflicting previous decisions then the Court of Appeal must choose between them. If its previous decision was made per incuriam e. g. mistakenly or without care If the House of Lords (Supreme Court) has overruled a previous decision of the Court of Appeal There is an additional reason for the Court of Appeal to depart from following its own past decisions and that is where it has been disapproved by the sewer Council.Privy Council opinion has only persuasive value, it is not binding. An example of this is where Morgan metalworker obliterateed a former flatmate during a figh t. His defences were that he did not intend to kill or cause grievous bodily harm that he was harm from diminished responsibility and that he was provoked. The focus of the appeal was on the objective lens part of the test for provocation and whether the fairish person could be inclined certain characteristics of the accused, in this case the characteristic of having a severe depressive illness. The Court declined to follow the opinion in Luc Thiet Thuan v R (1996).It is also important to mention in the effect of the Human Rights Act 1998 on judicial precedent. If the precedent was set before the Human Rights Act came into force, the precedent may be contrary to it. As with judicial precedent itself, there are also a number of advantages and disadvantages to the avoidance of precedent by the courts. One advantage is that it allows potential for growth and means that case law is not completely rigid. The different mechanisms for avoiding precedent allow judges to develop and ari se the law when it is necessary.An example of this is the case of Hall v Simons (2000) where the House of Lords modernized the law and held that barristers could be held accountable for negligently presenting a case in court. In this case the court refused to follow the decision made in the case of Rondel v Worsley (1967) as it was deemed that the commercial world had changed significantly since 1967. Sometimes precedents can be developed to a point in which they are seen to be unfair, avoiding precedent allow these unfair laws to be replaced with more appropriate ones.In the case of R v R and G (2003) which involved two very young defendants convicted of arson, the House of Lords used the Practice Statement to avoid following the precedent set in the case of Caldwell (1981). The question facing the House of Lords was whether the defendants had foreseen the risk they held it was unfair to judge the actions of an 11 and 12 year old by the standard of a reasonable person. The House o f Lords brought about a change in the law pith that if the question of recklessness should come up, a subjective test is used which requires the defendant to have foreseen the risk.A disadvantage of avoiding precedent is that the law changes as a result, creating laws retrospectively. This can be seen as being unjust, as the precedent that is set applies to events that have already happened. It may be that the defendant in a case committed an act that at the time of rush was actually within the law. This was the case in R v R (1991), at the time of the attack, the law stated that a man could not be found guilty of raping his wife. Due to the retrospectively law making, the defendant was found guilty and imprisoned.When there is a chance that a judge may avoid precedent it can remove the certainty within the law and make the outcome of some cases uncertain. This is unwelcome as justice requires that cases and defendants are treated in the same way. It also causes problems for legal professionals, who will not be able to advise with certainty on the likely outcome of a case. In criminal law certainty is oddly needed because the liberty of the defendant is at stake. In the case of Howe (1987), the House of Lords held that duress was no defence for murder, whether the defendant is the principle or an accessory.This case overruled the earlier House of Lords decisions in DPP v Lynch (1975), where it was held that duress was available as defence when charged with being an accessory to murder. Also, avoiding judicial precedent does not conform with the idea of separation of power. Only Parliament should create new law and it is the role of the judiciary to apply it. However when judges avoid following precedent they inevitably create new law. 1. Blacks Law Dictionary, p. 1059 (5th ed. 1979).