Tuesday, December 24, 2019

The Pledge Of The United States Of America - 1136 Words

â€Å"I felt so uncomfortable sitting out the Pledge in one high school class that I opted to drop that subject entirely. The scrutiny from classmates, even more so from the teacher, was more than I was willing to bear. I stood up for my principles by sitting down, but I was an insecure conformity-craving teen just like everyone around me. To opt out of the Pledge without giving myself hives, I opted out of biology. And to think I could have been a doctor† (Pellot 16) The Pledge of Allegiance of the United States of America is a form of speech to show devotion the United States of America, symbolized by the U.S. flag consisting of 13 horizontal lines, alternating with the colors red and white, and 50 white stars on the upper left corner with a blue background. The pledge was written in 1892 to celebrate the 400th anniversary of the discovery of America. It wasn’t until 1954 that the term â€Å"under God’ was a part of the pledge. Despite the fact that the Pledge of Allegiance demonstrates devotion to the nation, forcing students to recite the Pledge of Allegiance causes controversy due to the mention of God, violating the first amendment which allows U.S. citizens to have the freedom of speech and religion, and how numerous of young children do not understand the meaning of the pledge. Forcing students to say religious phrase â€Å"under God† violates U.S. citizens’ first Amendment rights of freedom of religion. â€Å"The Christian share of the U.S. population is declining, while the number ofShow MoreRelatedThe Pledge Of Allegiance From A Very Young Age1295 Words   |  6 PagesThe Pledge of Allegiance was taught to me at a very young age. Most children in the United States learn the Pledge in Kindergarten. As a child I never questioned the phrase â€Å"Under God†. Perhaps I did not question it because I was raised as a believer of God. Fortunately, with age, I have become more of a critical thinker. I have become more cultured and knowledgeable to the people who differ from me. Not every American citizen is a believer of God; there are various religions with different or multipleRead MoreThe Pledge Of Allegiance, A Common Topic Within The Educational System1675 Words   |  7 PagesIssue The Pledge of Allegiance is a common topic within the educational system. Reciting the pledge was a common place in most schools across America, typically following roll call.The Pledge of Allegiance is so ingrained in many Americans minds that reciting it is like taking a breath, comes natural. Even though most citizens have the pledge memorized, many students do not know the real reason behind narrating this word of honor every morning. The primary goal behind reciting the Pledge of AllegianceRead MoreReligion in Government Essay994 Words   |  4 Pagesby no power on earth†-George Mason 1772(Founding Fathers 2). The presence of God is in every part of America. The Christian religion was brought to American shores by nearly all who immigrated to the United States. The American nation was built on the principles of â€Å"one nation under God† and now people want to erase Him from everything. ‘I pledge allegiance to the flag of the United States of America and to the Republic for which it stands one nation under God indivisible with liberty and justice forRead MoreWhy God Should be Taken Out of the Pledge of Allegiance Essay932 Words   |  4 Pagesnation, but do they have to show loyalty to â€Å"God†? When saying the pledge, one must elicit the words â€Å"one nation under God.† This not only contradicts freedom of religion, but it draws attention away from the purpose of pledging loyalty to America. It’s the Supreme Court’s responsibility to make sure there is an equal chance for fairness. Only the Supreme Court can override the decision to not remove â€Å"under God† from the pledge. The Supreme Court also controls the opportunity for this case to evenRead More God Should Remain in the Pledge of Allegiance Essay1145 Words   |  5 PagesGod Should Remain in the Pledge of Allegiance One of the most controversial issues, if â€Å"Under God† should remain in the pledge, and if children should be required to say it, went to court a few weeks ago. The argument was brought to court by Michael Newdow, the father to the girl on whose behalf the lawsuit was brought forward. Newdow argued in court and on many different public speaking occasions that knowing his child is being led to say â€Å"One nation under God† on a daily basis makes him feelRead MoreThe Role of Religions in America680 Words   |  3 Pagesover 300 religions in the United States? Monotheisms, polytheisms, pantheisms, and atheism make up these 300 religions. Although the United States may be one of the freest countries in many fields such as freedom of the press, its censorship level is the fourth lowest in the world according to Reporters Without Borders, I believe that freedom of religion isn’t one of its more free fields. For example, the national motto is â€Å"In God We Trus t,† which shows the United States that it is a monotheisticRead More Terrorism, Patriotism and the Farce of the Pledge of Allegiance1179 Words   |  5 Pagesand the Farce of the Pledge of Allegiance nbsp; It is unfortunate that the terrorists did not attack and destroy the Pledge of Allegiance instead of the World Trade Center.nbsp; But politicians and zealots have perverted patriotism to include a blind veneration of the United States based on an oversimplified conception that disregards current laws and social customs, a perversion evident in the idolatry performed regularly by most American citizens during the Pledge of Allegiance. nbsp;Read MoreBeing American: Liberty, Equality and Republicanism Essay884 Words   |  4 Pages(n.p). However, today in America liberty is viewed differently by a variety of people; â€Å"Different men often see the same subject in different lights† (Henry n.p). For instance, according to John Petrie, Thomas Jefferson stated, â€Å"When the people fear their government, there is tyranny; when the government fears the people, there is liberty† (n.p). Therefore, the quote stated by Thomas Jefferson is an example of how particular groups of individuals view liberty in America. Other than liberty, thereRead MoreTo Pledge or Not to Pledge---Is That the Question? Essay580 Words   |  3 PagesAmong others promoting the civic duties and democratic virtues prized by our American society, nothing has caused as much controversy as the recitation of the Pledge of Allegiance in public schools. At the start of a new school day, every classroom of a government run school would be ringing with the chorus of America’s youth delivering the pledge in an almost autonomous way. The reason why this is such a big deal is due to the fact that to some, including myself, believe the words â€Å"under God† suggestsRead MoreThe Pledge Of Allegiance Of The United States1152 Words   |  5 PagesThe Pledge of Allegiance of the United States can be analyzed from two general perspectives: that of the speaker and that of the author. The first perspective is more familiar, especially to those who went through the American public education system. This is the perspective of the physical speaker, who delivers the pledge to the United States Flag, which is the audience. Typically, this speaker is a child in a school but it could also be a government official in a government meeting, among other

Monday, December 16, 2019

A Poison Tree essay Free Essays

The poem â€Å"A Poison Tree† talks about the two ways to deal with anger. The first two lines deal with how we should deal with it but the rest of it talks about the wrath that the speaker has. The main theme of this poem is not anger but how anger can be cultivated. We will write a custom essay sample on A Poison Tree essay or any similar topic only for you Order Now It shows how not bringing your anger up to the surface and dealing with it directly with the person you are angry with, this anger can be germinated into something poisonous and destructive. This poem is appropriate for Songs of Experience rather than for Songs of innocence because if it would be a song of innocence the human mind and soul would want to let the anger out in order to keep their soul clean of any bad thoughts. Innocence is a state of genuine love and naive trust towards all humankind, accompanied by unquestioned belief in Christian Doctrine. Songs of Experience deals with the loss of innocence after exposure to the material world and all of its mortal sin during adult life. This poem shows how the speaker is cultivating his anger and is seeking to destroy his â€Å"foe†. At the end of the poem we see how the hatred got the best of him. The anger grew into this poisonous fruit that when his enemy ate it he faced death. Nowhere in this poem it shows that his â€Å"foe† had any anger thoughts towards the speaker yet he was so blind by the anger that he probably didn’t even realize it since he was too busy feeding his anger. Also this is a Songs of Experience because at the beginning of the poem we see the wisdom that it has when it tells us â€Å"I was angry with my friend; / I told my wrath, my wrath did end. † It’s giving us a wise advice for our lives showing that the speaker posses wisdom not â€Å"innocence†Ã¢â‚¬â€stupidity. The poison tree that this poem talks about can be a symbol to the tree of forbidden knowledge from the bible. The speaker has this poisonous fruit that it’s there to tempt his foe to eat it to be destroyed. The foe sneaks into the garden and steals the fruit not being able to see that the tree is poisonous leading to his death. Just like in the bible God told Adam and Eve that if they were to eat from that tree they would face death the speaker’s foe faced the same fate. He was tempted and he had fallen. At this the speaker was satisfied and with the death of his foe his anger died. Mercy, pity, peace, and love cannot be connected to anger since these have no relations with anger. If not able to deal with anger a person doesn’t have mercy towards the person that they are angry at. They are not in peace with themselves they are always thinking of a way to get back at them and definitely have no love towards them. This poem is not a Songs of Innocence since anger at the point to want to hurt the other person is malicious and it comes with negative thoughts gained from experience not naive thoughts from those like children. Anger needs to be handled in the best manner possible and not let it germinate into something poisonous and destructive because at the end it harms both one that’s angry and the person you’re angry at How to cite A Poison Tree essay, Essays

Sunday, December 8, 2019

Research Proposal Essay Example For Students

Research Proposal Essay Our everyday lives are effected by music. People listen to it in the car, while grocery shopping, in the movies, at home, and practically anywhere else possible. There are many different types and styles of music such as: rock and roll, classical, rap, hardcore, Christian, jazz, reggae, country, and the list goes on. Each person has his or her own likes and dislikes of music that they enjoy. Listening to the lyrics, though, it is interesting to hear what musicians are actually saying. Some artists use lyrics in their songs to express explicit messages or to make people think. Other artists want to inspire people, while others are just relaxing. The type of music people listen to are personal opinions, but the lyrics can have surprising effects. It is not just the lyrics that affect people, but the way bands or musicians perform, the videos they make, and the way they act in public. If a band sings about death and acts it out on stage, fans may begin to act like that too. The way the band acts and what they say can influence people more than they think. Music is a very powerful force. Its effects can be disgusting or delightful. Thesis: Because society embraces musicians and their messages as role models, we allow them to influence our society in any way they please. Bibliography:none

Saturday, November 30, 2019

Labeling TheoryLabeling Theory free essay sample

Intro: The labeling theory is based upon the idea that one is not considered deviant through their actions, but instead deviance is built upon from people negatively judging an individual with disparate behavioral tendencies from the cultural norm. It centralizes around the idea that deviance is relative, as nobody is born deviant, but become deviant through social processes when surrounding peers consistently label a person as deviant. Therefore, one becomes a deviant because one believes that one’s self-concept is a deviant through consistent labeling of external factors, usually from higher authoritative peers. The labeling theory therefore focuses on how one’s self-identity or behavior can be shaped and influenced by how other people classify and react to one’s actions. This paper will begin by analyzing foundational frameworks of the labeling theory, and proceed with how this theory then was exemplified. Then, the main points of this theory will be summarized, following in depth classifications, and then an example of the application of the labeling theory to policy. We will write a custom essay sample on Labeling TheoryLabeling Theory or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Intellectual Foundation: The foundational base of the labeling theory is built around the theories created from Mead, Tannenbaum and Lemert. Mead created the idea of symbolic interactionism, that everyone creates their self-identity or human behavior through social interactions with their surrounding environment. Then by putting together all these experiences, one uses this to construct their own self-identity . There is a strong correlation to labeling theory as it is built upon the idea that the labels attached to individuals are built by others’ conception of the individual’s behavior. Tannenbaum constructed the idea of the â€Å"Dramatization of the Evil†, which has a central premise of how adolescents become delinquents. Many activities that adults do not approve of include smoking, flooding school washrooms or cutting classes. When informally punished by teachers or parents, if severe can instead stimulate deviancy the adolescents to further engage in misconduct. The idea of symbolic interactionists was used was the framework of explaining deviance and crime. Afterwards, Lemert explains the labeling theory as a transitional process from primary deviance to secondary deviance. Becker follows this by explaining the labeling theory through a deviant career  model. First, Lemert explains that everyone is in the stage of primary deviance. Through normal everyday occurrences, anyone can be situated in incidents that would cause them to form deviant acts because of external factors, such as peer pressure. However, as long as these occurrences remain hidden or occasional, they will stay as primary deviance and not influence the individual as there will be little to none negative social reaction. As a result of the little negative social reaction, each person would not label himself or herself as deviant either. If they do however however, Sykes and Matza specified five neutralization techniques for one to maintain a non-deviant self-concept. These five concepts consist of: denial of responsibility for their act, denial that injury to others is real, denial that a victim is really a victim, condemn those who are condemning them, and appeal to higher loyalties to justify their actions. (82) One therefore uses these strategies to avoid the self-definition of deviancy. However, when someone is socially defined as deviant and accepts their self-definition as deviant, they engage in Lemert’s concept of secondary deviance. When the deviant label is successfully applied, this often follows with negative social interaction and social rejection. Longing for social acceptance, this person resort to subcultures consisted with people who pursue similar acts. Then, this person adapts to the lifestyle, culture, people and environment of deviancy. Becker extends the labeling theory onto two more perspectives: moral entrepreneurship and the deviant career. He introduces these concepts through the idea that consistent deviant behavior is what stimulates deviant motivation. Becker’s famous book Outsiders is known to be the manifesto of the labeling theory movement among many sociologists. He describes deviance in relation to the labeling theory as that: â€Å"social groups create deviance by making rules whose infraction creates deviance, and by applying those roles to particular people and labeling them as outsiders. From this point of view, deviance is not a quality of the act the person commits, but rather a consequence of the application by other of rules and sanctions to an offender. The deviant is one to whom that label has been successfully applied; deviant behavior is behavior that people so label The idea of moral entrepreneurs consists of people with higher authoritative power that have the ability to create and enforce moral norms by integrating them into legal statues and  prohibitations (Gomme, 2007, p. 83). This creates a social hierarchy between those with higher moral or economic interests in comparison with those of less social and economic power. Therefore, the higher social classes are the ones that create the deviant labels of nonconformists. A deviant career is the process of how one becomes a deviant. Becker relates this to the concept of a career from how one begins at the lowest position and through hard work and time he or she will continuously be promoted throughout his or her career. Each promotion affects the individual’s self-esteem, self-concept, and identity (Gomme, 2007, p. 83). The same concept applies to a deviant career, as promotion in this area reflects a positive light on the individual from their deviant peers. An aspect of a deviant career is also the â€Å"master status†, meaning a status that â€Å"overrides other statuses regardless of the context in which the person is located when he or she is the subject of reaction† (Gomme, 2007, p. 83). When one has a master status of a deviant, there is usually continuous negative response such as gossip, avoidance, or discrimination. The concept of shaming from Braithwaite does not consist only of the labeling theory, as he combines several other theories such as: strain, subcultural, social learning, control and labeling theories. Reintegrative shaming begins by having the individual feel social disapproval, followed by feelings of remorse as a result of being shamed. Ceremonies are held to certify the deviancy, and then followed by additional ceremonies to decertify the deviancy. Through this, people see the cause and effect of reintegrative shaming so they avoid future actions that would create a master status label of a deviant. Shaming through instigmatization however, provokes and amplifies criminal behavior because shaming arouses disrespectful disapproval and humiliation. The ceremonies that certify deviancy are not followed with ceremonies to decertify the deviancy. Therefore, the act and the persons’ self-concept both become labeled as evil, resulting in a master status of a deviant. Explanation of the theory: Symbolic interaction is the core foundation of what the labeling theory is built upon. Through social processes, meanings and symbols become created through interaction. Whether positive or negative, these messages are interpreted to define a person’s identity and self-concept. This therefore  is a â€Å"symbolic interpretation of the symbolic interpretations of the reactions of others act as a social mirror that reflects the actor’s self† (p. 87). George Mead created the concept that meanings are comprised the interpretations of one another given off in symbolic messages in the context of the interaction. This self-identity is created from how others interpret people’s reaction of them. As Mead identified this as â€Å"the self as a social construction†, Charles Cooley identified this as â€Å"the looking glass self† (Gomme, 2007, p. 87). Through this frame work of the symbolic interaction came the creation of the labeling theory in perspective of crime and deviance. In this case, usually people with higher social class or authority have the power to either informally, as a parent teacher etc, or formally, as an institution etc, to label someone. This is the basic framework of what constitutes as the labeling theory. Afterwards, many different perspectives of defining and constructing the labeling theory were created. One important aspect is how deviance transitions from primary to secondary. One is first defined deviant through consistent negative social reaction from surrounding factors. When these people begin to isolate and neglect the labeled â€Å"deviant†, the deviant believes that his or her self-concept is truly deviant, therefore creating a deviant identity. Therefore, these deviant labeled people live in deviant environment, processing onto secondary deviance. Additional key concepts include the moral entrepreneur, the deviant career and the master status. Moral entrepreneur are ones with high authoritative power that can create or enforce moral norms into the legal system, therefore labeling ones with less economic and social power. The master status is the primary status that overrides all other ones despite context and location of the situation. Having a deviant master status causes social neglect and negative social reactions. Finally, Braithewaite uses the concept of the labeling theory and creates the reintegrative shaming, which specifies conditions under which â€Å"labeling constitutes a mitigating or aggregating circumstance influencing future and criminal behavior† (Gomme, 2007, p. 88). There are two types. Reintegrative shaming reduces crime, and stigmatizing increases crime. Application of theory to policy: Despite the many efforts of the labeling theory to reduce deviance and crime, there are many implications that rests on that labeling and stigmatization my official agents actually increase crime and deviance. In order to decrease this, theorist advice that stigma be reduced through limiting formal procedures (criminal justice program) and instead promote diversion programs. One idea is the implementation of community service in replacement of juvenile jail time. This will minimize official labeling by directing ones of minor offences out of prison and into court-mandated work in the community (Gomme, 2007, p. 86). A conviction of juvenile time is considered severe can cause the effect of Lumert’s idea of secondary deviance, as a formal institution is labeling an adolescence as a deviant. For example, this individual will now have a criminal record so when this person applies for a job, he or she will need to present his criminal record. Not only this, but by being in a jail environment, this individual will meet and interact with similar people who conducted similar deviant acts. They can bond, and share ideas to pursue in future deviant acts together. Through community service however, the individual might be initially labeled as a deviant, but the name is soon be gone as he or she finishes their mandatory volunteer time. Not only this, but they will no engage with other deviants. Therefore, implementing and stronger court-mandated work in the community would reduce stigma in comparison to promoting juvenile jail time. Tannenbaum supports this by stating that, â€Å"the way out is through a refusal to dramatize the evil†, the justice system attempts to do this through diversion programs. The growth of the theory and its current application, both practical and theoretical, provide a solid foundation for continued popularity. Classifying the theory: Deviant labels are usually given from classes with higher authoritative power who have integrated their moral norms into statutes and prohibitations, therefore labeling those with less economic and social stability. This therefore falls under the conflict theory. Although the labeling theory is classified as a conflict theory, the labeling theory focuses on a micro level analysis of how people’s social interactions with their surrounding environment are interpreted then re-modified to produce a personal identity. Becker supports this by stating â€Å"the most relative interactionist theory of deviance is that â€Å"social groups create deviance by making the rules whose  infraction constitutes deviance†. This means that deviant behavior is arisen from the influences of social control factors instead of the personal reason of why one commits a deviant act, resulting this to be a micro-level analysis. The labeling theory is classified as process as this theory involves how one’s process of developing a deviant identification is through the social reactions of their peers. From all these gathered information, constitutes how this individual would also define situations. Therefore, the labeling theory constitutes the process of how one becomes and develops a deviant self-concept. Conclusion: The labeling theory is created among the idea that one’s actions do not define whether he or she is deviant. Instead however, social reaction of one’s behavior creates and mol one’s self-identity, and along side attaching meanings and labels. Therefore, no one is born as a deviant person, but instead is molded into deviancy through social process. The labeling theory constitutes of a strong framework through the ideas of Mead, Tannenbaum and Lemert. Mead’s idea of Symbolic interaction could be considered the seed of the labeling theory. The label theory answers the questions of â€Å"Who is defined as a deviant?† â€Å"How did this happen?† and â€Å"What are the consequences?†

Tuesday, November 26, 2019

Harley Davidaon Marketing Plan Essays - Harley-Davidson, Free Essays

Harley Davidaon Marketing Plan Essays - Harley-Davidson, Free Essays Harley Davidaon Marketing Plan subject = Marketing/Business title = Harley Davidaon Marketing Plan HARLEY DAVIDSON MARKETING PLAN EXECUTIVE SUMMARY Harley-Davidson is the largest market share holder of motorcycles over 750cc in the United States. After the expansion of our production and distribution capacity, we will be in the position to meet the increasing demand for our motorcycles and other products. Growth potential appears very good especially in the overseas market. Gaining a larger market share in these area may require a further increase in production and distribution capacities. We must plan for expansion now and continue to grow as a company. COMPANY DESCRIPTION In Milwaukee, William Harley, 21, and Arthur Davidson, 20, began experiments on taking the work out of bicycling. They were soon joined by Arthurs brothers, Walter and William. Many changes were made to the engine design before its builders were satisfied. After the new looped from was finalized, they were ready to begin production. In 1903 they produced three motorcycles. Harley-Davidson erected its first building the current Juneau avenue site in 1906 and incorporated in 1907. In 1907 Harley-Davidson produced 150 motorcycles. SITUATION ANALYSIS The motorcycle market over 750cc has been increasing over the last five years. The Harley-Davidson 1996 model year production line, sold though a world wide network of more than 1,000 dealers, includes 20 cruiser, factory custom and touring motorcycles, as well as police motorcycles. Harley-Davidson benefits form having one of the worlds most recognized and respected brand names and our motorcycle model names are among the best known in the industry: The Competition and Market share This chart shows the competition and market share for 1995 in the United States: Current Market Situation Overall Net sales for 1995 of $1.4 billion were $191.6 million, or 16.5%, higher than net sales for 1994. Net income and earnings per share from continuing operations were $111.1 million and $1.48, for 1995 as compared with $96.2 million and $1.26, for 1994. Net income and earnings per share from discontinued operations were $1.4 million and $.02, for 1995 as compared with $8.0 million and $.11, for 1994, which included a $4.6 million, or $.06 per-share, one-time tax benefit related to the legal reorganization of Holiday Rambler. On January 22, 1996, the Company announced its strategic decision to discontinue the operations of the Transportation Vehicles segment in order to concentrate its financial and human resources on its core motorcycle business. The Company does not anticipate a loss on the discontinuance of the Transportation Vehicles segment. The results of the Transportation Vehicles segment have been reported separately as discontinued operations for each year presented. On November 14, 1995, the Company acquired substantially all of the common stock and common stock equivalents of Eaglemark Financial Services, Inc. that it did not already own. The purchase price was approximately $45 million, which was paid from internally generated funds and short-term borrowings. The Company has included the results of operations of the Financial Services segment ($3.6 million) in its statement of operations for the year ended December 31, 1995 as though it had been acquired at the beginning of the year and deducted the preacquisition earnings as part of non-operating expense. The Company increased its quarterly dividend in September from $.04 per share to $.05 per share which resulted in a total year pay out of $.18 per share. Units Shipped and Net Sales The Motorcycles and Related Products (Motorcycles) segment's net sales increased 16.5% over 1994 due primarily to a 9,293 unit (9.7%) increase in motorcycle shipments, as well as a 14.0% increase in its Parts and Accessories business. The increase in motorcycle shipments is the result of ongoing implementation of the Company's manufacturing strategy and efforts to satisfy demand. The manufacturing strategy is designed to increase capacity, adjust to changes in the market place and further improve product quality while reducing costs. Sales of Buell motorcycles (which are distributed through select Harley-Davidson dealers) increased to $14 million in 1995 as compared to $6 million in 1994. The Company began 1995 at a scheduled motorcycle production rate of 395 units per day. As the implementation of the manufacturing strategy continued, the rate increased to 470 units per day by the end of the year. The Company exceeded its production goal of 100,000 units in 1995 and anticipates 1996 production will reach at least 115,000 units. The Company is currently reviewing alternative sites for the construction of a new manufacturing facility to enable it to achieve its long-term goal of doubling motorcycle production by 2003. Year-end data indicates that the domestic (United States) motorcycle market continued to grow throughout 1995. Compared to 1994, industry registrations of domestic heavyweight (engine displacements in excess of 751cc) motorcycles

Friday, November 22, 2019

Sun Tzu Biography

Sun Tzu Biography Sun Tzu and his Art of War are studied and quoted in military strategy courses and corporate boardrooms around the world. There’s just one problem – we aren’t sure that Sun Tzu actually existed! Certainly, someone wrote a book called The Art of War several centuries before the common era. That book has a singular voice, so it is likely the work of one author and not a compilation. That author also appears to have had significant practical experience leading troops into battle. For simplicity’s sake, we will call that author Sun Tzu. (The word Tzu is a title, equivalent to sir or master, rather than a name - this is the source of some of our uncertainty.) Traditional Accounts of Sun Tzu According to traditional accounts, Sun Tzu was born in 544 BCE, during the late Spring and Autumn Period of the Zhou Dynasty (722-481 BCE). Even the two oldest known sources about Sun Tzus life differ as to his place of birth, however. Qian Sima, in the Records of the Grand Historian, claims that Sun Tzu was from the Kingdom of Wu, a coastal state that controlled the mouth of the Yangtze River during the Spring and Autumn Period. In contrast, the Spring and Autumn Annals of the Lu Kingdom state that Sun Tzu was born in the State of Qi, a more northerly coastal kingdom located approximately in modern Shandong Province. From about the year 512 BCE, Sun Tzu served the Kingdom of Wu as an army general and strategist. His military successes inspired him to write The Art of War, which became popular with strategists from all seven rival kingdoms during the Warring States Period (475-221 BCE). Revised History Down through the centuries, Chinese and then also western historians have reconsidered Sima Qians dates for Sun Tzus life. Most agree that based on the specific words he uses, and the battlefield weapons such as crossbows, and the tactics he describes, The Art of War could not have been written as early as 500 BCE. In addition, army commanders during the Spring and Summer Period were generally the kings themselves or their close relatives - there were no professional generals, as Sun Tzu appears to have been, until the Warring States Period. On the other hand, Sun Tzu does not mention cavalry, which made its appearance in Chinese warfare around 320 BCE. It seems most likely, then, that The Art of War was written sometime between about 400 and 320 BCE. Sun Tzu probably was a Warring States Period general, active about one hundred or one hundred and fifty years after the dates given by Qian Sima. Sun Tzus Legacy Whoever he was, and whenever he wrote, Sun Tzu has had a profound influence on military thinkers over the past two thousand years and more. Tradition avers that the first emperor of unified China, Qin Shi Huangdi, relied on The Art of War as a strategic guide when he conquered the other warring states in 221 BCE. During the An Lushan Rebellion (755-763 CE) in Tang China, fleeing officials brought Sun Tzus book to Japan, where it greatly influenced samurai warfare. Japans three reunifiers, Oda Nobunaga, Toyotomi Hideyoshi, and Tokugawa Ieyasu, are said to have studied the book in the late sixteenth century. More recent students of Sun Tzus strategies have included the Union officers pictured here during the American Civil War (1861-65); Chinese Communist leader Mao Zedong; Ho Chi Minh, who translated the book into Vietnamese; and US Army officer cadets at West Point to this day. Sources: Lu Buwei. The Annals of Lu Buwei, trans. John Knoblock and Jeffrey Riege, Stanford: Stanford University Press, 2000. Qian Sima. The Grand Scribes Records: The Memoirs of Han China, trans. Tsai Fa Cheng, Bloomington, IN: Indiana University Press, 2008. Sun Tzu. The Illustrated Art of War: The Definitive English Translation, trans. Samuel B. Griffith, Oxford: Oxford University Press, 2005.

Thursday, November 21, 2019

Faculty of Business Environment and Society Essay

Faculty of Business Environment and Society - Essay Example I began by explaining to the producer what the requirements and contents of a legally binding agreement actually are, and how they apply specifically to this case. I also gave a general summary of what the show could expect, as per liabilities and legal redress, if the hostess backed out or tried to renege on the deal. The conversation was long and extensive, covering the main points of the legal issues as outlined herein. The first issue I advised Simon on was the need to be careful in what he might assume to be small talk or simple, informal negotiations, because one needed to consider that oral and written contracts are considered to be on the same standing when it comes to law. In order to take this into account, I advised, the director should be explicitly clear with Davina when they were negotiating informally, and in the best case scenario, to have a legal advisor present at all formal negotiations. This is not to say that if the two had drinks together and Simon promised the moon to Davina while under the influence all would be binding, but simply the need to be clear and careful in all communications. At this point, I decided it was a good time to explain that the common law accepted both objective and subjective proofs of legal contract agreements. As Mindy Chen-Wishart explains in Contract Law: â€Å"The subjective approach, which favors what a party's actual intention is, regardless of appearances; and The objective approach, which refers to how a reasonable person would interpret a party's intention from his conduct in all the circumstances.† (Chen-Wishart, 2007) Chen-Wishart also quotes Smith vs. Hughes (1871) as the main case law precedent related to the objectivity test, which posits a test of â€Å"reasonability† to determine how the average person would interpret a party’s intention in negotiation in forming a contract as decisive. (Chen-Wishart, 2007) When Simon asked how he could make sure he was not bound by informal ag reements or understandings when talking with business clients, I reiterated this was the overriding need for keeping legal representation present at all times when officially discussing business terms. While the handshake agreement remains popular in some circles, it is a dangerous way to conduct business in modern times, I concluded, precisely because of the lack of witnesses and clarity of situation involved in private, two-party negotiations. After this, Simon asked exactly what requirements were considered most important to make a contract legally binding for all parties following the initial negotiation. While there is a broad corpus of case law referencing contracts, I replied, the main factors could be considered: 1. â€Å"Agreement - where one party makes an offer and the other accepts it; 2. Consideration - where one party gives something in exchange for something from the other party; 3. Intention - where both parties intend to abide by the contract; 4. Capacity - where b oth parties are mentally capable of understanding a contract; 5. Genuine consent - where both parties agree to the contract of their own free will; and 6. Legality - where all of the parts of the contract are legal.† (Victorian Law Foundation, 2011) The principle of agreement, I said, could be applied to either the verbal or written contract and was based on mutual