Analyzing Ethics in the US Legal System - 1351 Words

In the legal system of the United States, there are many controversial topics and crises that have no one solution. Following suit, there is the question of ethics that exists within such an ideology. Some think that the current way of thinking is a sufficient way to run a country; others see changes that need to be executed immediately. The fact of the matter is as such, no one social institution is perfect. Therefore, the legal system is not expected to be flawless and the epitome of ethical conduct. Acting with morality is not the strong suit of the U.S. government, especially when it comes to the incarceration of dangerous criminals. Two of the issues that can be seen are the death penalty and the life sentence. Both controversial, it†¦show more content†¦An example of poor police officer conduct is in the case of Larry Hope: Hope was handcuffed to a hitching post after an argument with another inmate. He was offered water and bathroom breaks. This was his first offense, one month later, after napping on the bus to the chain gang worksite, he was slow to respond to an order and after a series of events a scuffle broke out between Hope and officer. He was then sent back to the prison and rechained to the hitching post. This time not being offered water or bathroom breaks. He was, in fact, taunted with a dog’s bowl of water. The way that his wrist was chained it put him in pain and cut up his wrist. (Schmalleger 465) This has brought the cruelty that is inflicted on criminals to the attention of the public. Though police officers need to have a reputation that should not be messed with, this takes the situation to an unnecessary level to try and make a point. By showing that legal does not always mean ethical, it can be seen that ethical does not always legal. This is due to the institution that is known as jails and prisons, where violence does not solely come from the inmates, but is frequently inflicted on them. Though the jails and prisons in the U.S. are thought to have a purpose in getting crime off the street, there are unethical tactics in the ways that the tenants of the establishment are treated. This seems unethical and yet people know that such conduct is happening andShow MoreRelatedBusiness Ethics at Rocky Mountain Imaging Essay examples1676 Words   |  7 Pagesthose who have an invested interest in this business – those who make the decision or one who impact this organiza tion internally and externally - are: a. The Board of Directors – Those who overlook the organization and those who assigned the task to us as Operational Managers. b. Tim – He is the CEO of this company. His responsibility is to increase profit and increase cash immediately. c. Maria – She is Rocky Mountain Imaging’s bookkeeper. 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Deviance. Topic Questions Free Essays

string(71) " necessarily involve men being particularly nasty to individual women\." University of Wollongong Research Online Faculty of Arts – Papers Faculty of Arts 1993 What Is Hegemonic Masculinity? Mike Donaldson University of Wollongong, miked@uow. edu. au Publication Details Donaldson, M, What Is Hegemonic Masculinity? , Theory and Society, Special Issue: Masculinities, October 1993, 22(5), 643-657. We will write a custom essay sample on Deviance. Topic Questions or any similar topic only for you Order Now Copyright 1993 Springer. The original publication is available here at www. springerlink. com. Research Online is the open access institutional repository for the University of Wollongong. For further information contact the UOW Library: research-pubs@uow. edu. au Theory and Society, Vol. 22, No. 5, Special Issue: Masculinities, Oct. , 1993, pp. 643-657. What Is Hegemonic Masculinity? Mike Donaldson Sociology, University of Wollongong, Australia Structures of oppression, forces for change A developing debate within the growing theoretical literature on men and masculinity concerns the relationship of gender systems to the social formation. Crucially at issue is the question of the autonomy of the gender order. Some, in particular Waters, are of the opinion that change in masculine gender systems historically has been caused exogenously and that, without those external factors, the systems would stably reproduce. 1) For Hochschild, the â€Å"motor† of this social change is the economy, particularly and currently, the decline in the purchasing power of the male wage, the decline in the number and proportion of â€Å"male† skilled and unskilled jobs, and the rise in â€Å"female† jobs in the growing services sector. (2) I have argued that gender relations thems elves are bisected by class relations and vice-versa, and that the salient moment for analysis is the relation between the two. (3) On the other side of the argument, others have been trying to establish â€Å"the laws of motion† of gender systems. Connell, for instance, has insisted on the independence of their structures, patterns of movement. and determinations, most notably in his devastating critiques of sexrole theory. â€Å"Change is always something that happens to sex roles, that impinges on them. It comes from outside, as in discussions of how technological and economic changes demand a shift to a ‘modern’ male role for men. Or it comes from inside the person, from the ‘real self’ that protests against the artificial restrictions of constraining roles. Sex role theory has no way of grasping change as a dialectic arising within gender relations themselves. † It has no way of grasping social dynamics that can only be seriously considered when the historicity of the structure of gender relations, the gender order of the society, is the point of departure. (4) This concern with broad, historical movement is linked to the question of male sexual politics. Clearly, if men wish to challenge patriarchy and win, the central question must be, who and where are the â€Å"army of redressers? (5) But â€Å"the political project of rooting out the sexism in masculinity has proved intensely difficult† because â€Å"the difficulty of constructing a movement of men to dismantle hegemonic masculinity is that its logic is not the articulation of collective interest but the attempt to dismantle that interest. (6) It is this concept of â€Å"hegemonic masculinity† on which the argument for autonomy of the gender structures turns, for it is this that links their broader historical sweep to lived experience. Put simply, if the gender system has an independence of structure, movement, and determinations, then we should be able to identify counter-hegemonic forces within it; if these are not identifiable, then we must question the autonomy of the gender system and the existence of hegemonic masculinity as central and specific to it. On the other hand, if gender systems are not autonomous, then the question â€Å"why, in specific social formations, do certain ways of being male predominate, and particular sorts of men rule? † remains to be answered and the resistances to that order still remain to be identified. The political implications of the issue are clear. If there is an independent structure of masculinity, then it should produce counter-hegemonic movements of men, and all good blokes should get involved in them. If the structure is not independent, or the movements not counterhegemonic, or the counter-hegemony not moving, then political practice will not be centred on masculinity †¦ and what do we men do then, about the masculine images in and through which we have shaped a world so cruel to most of its inhabitants? Hegemony and masculinity Twenty years ago, Patricia Sexton suggested that â€Å"male norms stress values such as courage, inner direction, certain forms of aggression, autonomy. mastery, technological skill, group solidarity, adventure and considerable amounts of toughness in mind and body. † (7) It is only relatively recently that social scientists have sought to link that insight with the concept of hegemony, a notion as slippery and difficult as the idea of masculinity itself. Hegemony, a pivotal concept in Gramsci’s Prison Notebooks and his most significant contribution to Marxist thinking, is about the winning and holding of power and the formation (and destruction) of social groups in that process. In this sense, it is importantly about the ways in which the ruling class establishes and maintains its domination. The ability to impose a definition of the situation, to set the terms in which events are understood and issues discussed, to formulate ideals and define morality is an essential part of this process. Hegemony involves persuasion of the greater part of the population, particularly through the media, and the organization of social institutions in ways that appear â€Å"natural,† â€Å"ordinary:’ â€Å"normal. † The state, through punishment for non-conformity, is crucially involved in this negotiation and enforcement. (8) Heterosexuality and homophobia are the bedrock of hegemonic masculinity and any understanding of its nature and meaning is predicated on the feminist insight that in general the relationship of men to women is oppressive. Indeed, the term â€Å"hegemonic masculinity† was invented and is used primarily to maintain this central focus in the critique of masculinity. A fundamental element of hegemonic masculinity. then. is that women exist as potential sexual objects for men while men are negated as sexual objects for men. Women provide heterosexual men with sexual validation, and men compete with each other for this. This does not necessarily involve men being particularly nasty to individual women. You read "Deviance. Topic Questions" in category "Essay examples" Women may feel as oppressed by non-hegemonic masculinities, may even find some expressions of the hegemonic pattern more familiar and manageable. (9) More than fifty books have appeared in the English language in the last decade or so on men and masculinity. What is hegemonic masculinity as it is presented in this growing literature? Hegemonic masculinity, particularly as it appears in the works of Carrigan, Connell, and Lee. Chapman, Cockburn, Connell, Lichterman, Messner, and Rutherford, involves a specific strategy for the subordination of women. In their view, hegemonic masculinity concerns the dread of and the flight from women. A culturally idealized form, it is both a personal and a collective project, and is the common sense about breadwinning and manhood. It is exclusive, anxiety-provoking, internally and hierarchically differentiated, brutal, and violent. It is pseudo-natural, tough, contradictory, crisis-prone, rich, and socially sustained. While centrally connected with the institutions of male dominance, not all men practice it. though most benefit from it. Although cross-class. it often excludes workingclass and black men. It is a lived experience, and an economic and cultural force, and dependent on social arrangements. It is constructed through difficult negotiation over a life-time. Fragile it may be, but it constructs the most dangerous things we live with. Resilient, it incorporates its own critiques, but it is, nonetheless, â€Å"unravelling. † (10) What can men do with it? According to the authors cited above, and others, hegemonic masculinity can be analyzed, distanced from, appropriated, negated, challenged, reproduced, separated from, renounced, given up, chosen, constructed with difficulty, confirmed, imposed, departed from, and modernized. (But not, apparently, enjoyed. ) What can it do to men? It can fascinate, undermine, appropriate some men’s bodies, organize, impose, pass itself off as natural, deform, harm, and deny. But not, seemingly, enrich and satisfy. ) Which groups are most active in the making of masculinist sexual ideology? It is true that the New Right and fascism are vigorously constructing aggressive, dominant, and violent models of masculinity. But generally, the most influential agents are considered to be: priests, journalists, advertisers, politicians, psychiatrists, designers, playwrights, film makers, actors, novelists, musicians, activists, academics, coaches, and sportsmen. They are the â€Å"weavers of the fabric of hegemony† as Gramsci put it, its â€Å"organizing intellectuals. These people regulate and manage gender regimes: articulate experiences, fantasies, and perspectives; reflect on and interpret gender relations. (11) The cultural ideals these regulators and managers create and perpetuate. we are told, need not correspond at all closely to the actual personalities of the majority of men (not even to their own! ). The ideals may reside in fantasy figures or models remote from the lives of the unheroic majority, but while they are very public, they do not exist only as publicity. The public face of hegemonic masculinity, the argument goes. is not necessarily even what powerful men are, but is what sustains their power, and is what large numbers of men are motivated to support because it benefits them. What most men support is not necessarily what they are. â€Å"Hegemonic masculinity is naturalised in the form of the hero and presented through forms that revolve around heroes: sagas, ballads, westerns, thrillers,† in books, films, television, and in -sporting events. (12) What in the early literature had been written of as â€Å"the male sex ole† is best seen as hegemonic masculinity, the â€Å"culturally idealised form of masculine character† which, however, may not be â€Å"the usual form of masculinity at all. † To say that a particular form of masculinity is hegemonic means â€Å"that its exaltation stabilizes a structure of dominance and oppression in the gender order as a whole. To be culturally exalted, the pattern of mascu linity must have exemplars who are celebrated as heroes. † (13) But when we examine these bearers of hegemonic masculinity, they seem scarcely up to the task, with more than just feet of clay. A football star is a model of hegemonic masculinity. (14) But is a model? When the handsome Australian Rules football player, Warwick â€Å"the tightest shorts in sports† Capper, combined football with modelling, does this confirm or decrease his exemplary status? When Wally (â€Å"the King†) Lewis explained that the price he will pay for another five years playing in the professional Rugby League is the surgical replacement of both his knees, this is undoubtedly the stuff of good, old, tried and true, tough and stoic, masculinity. But how powerful is a man who mutilates his body, almost as a matter of course, merely because of a job? When Lewis announced that he was quitting the very prestigious â€Å"State of Origin† football series because his year-old daughter had been diagnosed as hearing-impaired, is this hegemonic? In Australian surfing champion, iron man Steve Donoghue, Connell has found â€Å"an exemplar of masculinity† who lives â€Å"an exemplary version of hegemonic masculinity. † But, says Donoghue, â€Å"I have loved the idea of not having to work †¦. Five hours a day is still a lot but it is something that I enjoy that people are not telling me what to do. † This is not the right stuff. Nor are hegemonic men supposed to admit to strangers that their life is â€Å"like being in jail. † Connell reveals further contradictions when he explains that â€Å"Steve, the exemplar of masculine toughness, finds his own exemplary status prevents him from doing exactly what his peer group defines as thoroughly masculine behaviour: going wild, showing off, drunk driving, getting into fights, defending his own prestige. This is not power. And when we look to see why many young men take up sport we find they are driven by â€Å"the hunger for affiliation† in the words of Hammond and Jablow; we see the felt need for â€Å"connectedness† and closeness. How hegemonic is this? (15) Homosexuality and counter-hegemony Let us, however, pursue the argument by turning now to examine those purported counter-hegemonic forces that are supposedly generated by the gender system itself. There are three main reasons why male homosexuality is regarded as counter-hegemonic. Firstly, hostility to homo- exuality is seen as fundamental to male heterosexuality; secondly, homosexuality is associated with effeminacy; and thirdly, the form of homosexual pleasure is itself considered subversive. (16) Antagonism to gay men is a standard feature of hegemonic masculinity in Australia. Such hostility is inherent in the construction of heterosexual masculinity itself. Conformity to the demands of hegemonic masculinity, pushes heterosexual men to homophobia and rewards them for it, in the form of social support and reduced anxiety about their own manliness. In other words, male heterosexual identity is sustained and affirmed by hatred for, and fear of, gay men. (17) Although homosexuality was compatible with hegemonic masculinity in other times and places, this was not true in post-invasion Australia. The most obvious characteristic of Australian male homosexuals, according to Johnston and Johnston, has been a â€Å"double deviance. † It has been and is a constant struggle to attain the goals set by hegemonic masculinity, and some men challenge this rigidity by acknowledging their own â€Å"effeminacy. This rejection and affirmation assisted in changing homosexuality from being an aberrant (and widespread) sexual practice, into an identity when the homosexual and lesbian subcultures reversed the hegemonic gender roles, mirror-like, for each sex. Concomitantly or consequently, homosexual men were socially defined as effeminate and any kind of powerlessness, or a refusal to compete, â€Å"readily becomes involved in the imagery o f homosexuality† (18) While being subverted in this fashion, hegemonic masculinity is also threatened by the assertion of a homosexual identity confident that homosexuals are able to give each other sexual pleasure. According to Connell, the inherent egalitarianism in gay relationships that exists because of this transitive structure (my lover’s lover can also be my lover), challenges the hierarchical and oppressive nature of male heterosexuality. (19) However, over time, the connection between homosexuality and effeminacy has broken. The â€Å"flight from masculinity† evident in male homosexuality, noted thirty years ago by Helen Hacker, may be true no longer, as forms of homosexual behaviour seem to require an exaggeration of some aspects of hegemonic masculinity, notably the cult of oughness and physical aggression. If hegemonic masculinity necessarily involves aggression and physical dominance, as has been suggested, then the affirmation of gay sexuality need not imply support for women’s liberation at all, as the chequered experience of women in the gay movement attests. (20) More than a decade ago, Australian lesbians had noted, â€Å"We make the mistake of assuming t hat lesbianism, in itself, is a radical position. This had led us, in the past, to support a whole range of events, ventures, political perspectives, etc. ust because it is lesbians who hold those beliefs or are doing things. It is as ludicrous as believing that every working class person is a communist. † (21) Even though there are many reasons to think that there are important differences in the expression and construction of women’s homosexuality and men’s homosexuality, perhaps there is something to be learned from this. Finally, it is not â€Å"gayness† that is attractive to homosexual men, but â€Å"maleness. † A man is lusted after not because he is homosexual but because he’s a man. How counter-hegemonic can this be? Changing men, gender segmentation and paid and unpaid work Connell notes, â€Å"Two possible ways of working for the ending of patriarchy which move beyond guilt, fixing your head and heart, and blaming men, are to challenge gender segmentation in paid work and to work in men’s counter-sexist groups. Particularly, though, countersexist politics need to move beyond the small consciousness raising group to operate in the workplace, unions and the state. † (22) It is hard to imagine men challenging gender segmentation in paid work by voluntarily dropping a third of their wage packet. But it does happen, although perhaps the increasing trickle of men into women’s jobs may have more to do with the prodding of a certain invisible finger. Lichterman has suggested that more political elements of the â€Å"men’s movement† contain human service workers, students, parttimers. and â€Å"odd-jobbers. † Those in paid work, work in over-whelmingly female occupations -counselling, nursing, and elementary teaching are mentioned. In this sense, their position in the labour market has made them â€Å"predisposed to criticise hegemonic masculinity, the common sense about breadwinning and manhood. It can also be seen as a defence against the loss of these things, as men attempt to colonize women’s occupations in a job market that is increasingly competitive, particularly for men’s jobs.? (23) If we broaden the focus on the desegmentation of paid work to include unpaid work, more interesting things occur. While Connell has suggested that h egemonic masculinity is confirmed in fatherhood, the practice of parenting by men actually seems to undermine it. Most men have an exceptionally impoverished idea about what fatherhood involves, and indeed, active parenting doesn’t even enter into the idea of manhood at all. Notions of fathering that are acceptable to men concern the exercise of impartial discipline, from an emotional distance and removed from favouritism and partiality. In hegemonic masculinity, fathers do not have the capacity or the skill or the need to care for children, especially for babies and infants, while the relationship between female parents and young children is seen as crucial. Nurturant and care-giving behaviour is simply not manly. Children, in turn, tend to have more abstract and impersonal relations with their fathers. The problem is severely compounded for divorced fathers, most of whom have extremely little emotional contact with their children. (24) As Messner has explained, â€Å"while the man is ‘out there’ establishing his .name’ in public, the woman is usually home caring for the day-to-day and moment-to-moment needs of her family †¦. Tragically, only in mid- life, when the children have already ‘left the nest’ †¦ do some men discover the importance of connection and intimacy. † (25) Nonetheless, of the little time that men spend in unpaid work, proportionally more of it goes now into child care. Russell has begun to explore the possibility that greater participation by men in parenting has led to substantial shifts in their ideas of masculinity. The reverse is probably true too. Hochschild found in her study that men who shared care with their partners rejected their own â€Å"detached, absent and overbearing† fathers. The number of men primarily responsible for parenting has grown dramatically in Australia, increasing five-fold between 1981 and 1990. The number of families with dependent children in which the man was not in paid work but the woman was, rose from 16,200 in 1981 to 88,100 in 1990. Women, however, still outnumber men in this position ten to one. (26) Not only a man’s instrumental relations with others are challenged by close parenting, but so are his instrumental relations with himself. Men’s sense of themselves is threatened by intimacy. Discovering the affection, autonomy, and agency of babies and children, disconcerted by an unusual inability to cope, men are compelled to re-evaluate their attitude to themselves. In Russell’s study, the fathers who provided primary child care â€Å"constantly marvelled at and welcomed the changes that had taken place in their relationships with their children. (27) Even Neville Wran, the former premier of the Australian state of New South Wales whose most renowned political activity was â€Å"putting the blowtorch to the belly† of political opponents. said of fatherhood, which occurred in his sixties, â€Å"It’s making me a more patient, tolerant, understanding human being. I’m a r eal marshmallow. † (28) The men who come to full-time fathering do not, however, regard themselves as unmanly, even though their experiences have resulted in major shifts in their ideas about children, child care, and women. In fact, one quarter of them considered these changes a major gain from their parenting work. This was despite the fact that these men’s male friends and workmates were highly critical of their abandonment of the breadwinner role, describing them, for instance, as being â€Å"bludgers,† â€Å"a bit funny,† â€Å"a bit of a woman,† and â€Å"under the thumb. † (29) This stigmatism may be receding as the possibility of securing the children’s future, once part of the father’s responsibility in his relations with the â€Å"public sphere,† is becoming less and less possible as unemployment bites deeper. 30) Child-minders and day-care workers have confirmed that the children of active fathers were â€Å"more secure† and â€Å"less anxious† than the children of non-active fathers. Psychological studies have revealed them to be better developed socially and intellectually. Furthermore, the results of active fatherhood see m to last. There is considerable evidence to suggest that greater interaction with fathers is better for children, with the sons and daughters of active fathers displaying lower levels of sex-role stereotyping. (31) Men who share the second shift had a happier family life and more harmonious marriages. In a longitudinal study, Defrain found that parents reported that they were happier and their relationships improved as a result of shared parenting. In an American study, househusbands felt positive about their increased contribution to the family-household, paid work became less central to their definition of themselves, and they noted an improvement in their relationships with their female partners. (32) One of the substantial bases for metamorphosis for Connell’s six changing heterosexual men in the environmental movement as the learning of domestic labour, which involves â€Å"giving to people, looking after people. † In the same sense that feminism â€Å"claimed emotional life as a source of dignity and self respect,† active fathers are challenging hegemonic masculinity. For hegemonic masculinity, real work is elsewhere, and relationships don’t require energy, but provide it. (33) There is also the question of time. The time spent establishing the in timacy that a man may crave is also time away from establishing and maintaining the â€Å"competitive edge,† or the â€Å"public face. There are no prizes for being a good father, not even when being one is defined narrowly in terms of breadwinning. (34) Social struggles over time are intimate with class and gender. It is not only that the rich and powerful are paid handsomely for the time they sell, have more disposable time, more free time, more control over how they use their time, but the gender dimensions of time use within classes are equally compelling. No one performs less unpaid work, and receives greater remuneration for time spent in paid work, than a male of the ruling class. The changes that are occurring remain uncertain, and there is, of course, a sting in the tail. Madison Avenue has found that â€Å"emotional lability and soft receptivity to what’s new and exciting† are more appropriate to a consumer-orientated society than â€Å"hardness and emotional distance. † Past television commercials tended to portray men as Marlboro macho or as idiots, but contemporary viewers see men cooking, feeding babies, and shopping. Insiders in the advertising industry say that the quick and easy cooking sections of magazines and newspapers are as much to attract male readers as overworked women. U. S. Sports Illustrated now carries advertisements for coffee, cereal, deodorants, and soup. According to Judith Langer, whose market-research firm services A. T. T. , Gillette. and Pepsico among others, it is now â€Å"acceptably masculine to care about one’s house. (35) The â€Å"new man† that comes at us through the media seems to reinforce the social order without challenging it. And he brings with him, too, a new con for women. In their increasing assumption of breadwinning, femocratic and skilled worker occupations, the line goes, women render themselves incomplete. They must -‘give up† their femininity in their appropriation of male jobs and power, but men who embrace the feminine become â€Å"more complete. † (36) And if that isn’t tricky enough, the â€Å"new men† that seem to be emerging are simply unattractive. Indeed, they’re boring. Connell’s six changing heterosexual men in the environmental movement were attracted to women who were â€Å"strong, independent, active. (37) Isn’t everybody attracted by these qualities? Gay men find â€Å"new men† irritating and new men are not too sure how keen they should be on each other, and no feminist worth her salt would be seen dead with one. The ruling class: Really real men? If the significance of the concept of hegemonic masculinity is that it directs us to look for the contradictions within an autonomous gender system that will cause its transformation, then we must conclude it has failed. The challenges to hegemonic masculinity identified by its theorists and outlined above seem either to be complicit with, or broader than, the gender system that has apparently generated them. I can appreciate why Connell is practically interested in and theoretically intrigued by arguing against the notion of the externality of gender change. Both experience and theory show the impossibility of liberating a dominant group and the difficulty of constructing a movement based not on the shared interest of a group but on the attempt to dismantle that interest. † (38) (My emphasis). The key is the phrase â€Å"constructing a movement. † It is only a system which has its own dynamics that can produce the social forces necessa ry to change radically that system. But Connell himself has written that gender is part of the relations of production and has always been so. And similarly, that â€Å"social science cannot understand the state, the political economy of advanced capitalism. the nature of class, the process of modernisation or the nature of imperialism, the process of socialisation, the structure of consciousness or the politics of knowledge, without a full-blooded analysis of gender. † (39) There is nothing outside gender. To be involved in social relations is to be inextricably â€Å"inside† gender. If everything, in this sense, is within gender, why should we be worried about the exteriority of the forces for social change? Politics, economics, technology are gendered. â€Å"We have seen the invisible hand;’ someone wittier than I remarked, â€Å"It is white, hairy and manicured. † Is there, then, some place we can locate exemplars of hegemonic masculinity that are less fractured, more coherent, and thus easier to read? Where its central and defining features can be seen in sharper relief? If the public face of hegemonic masculinity is not necessarily even what powerful men are, then what are they necessarily? Why is it â€Å"no mean feat to produce the kind of people who can actually operate a capitalist system? (40) Even though the concept â€Å"hegemony† is rooted in concern with class domination, systematic knowledge of ruling class masculinity is slight as yet, but it is certainly intriguing. One aspect of ruling class hegemonic masculinity is the belief that women don’t count in big matters, and that they can be dealt with by jocular patronage in little matters. Anoth er is in defining what â€Å"big† and â€Å"little† are. Sexual politics are simply not a problem to men of the ruling class. Senior executives couldn’t function as bosses without the patriarchal household. The exercise of this form of power requires quite special conditions – conventional femininity and domestic subordination. Two-thirds of male top executives were married to housewives. The qualities of intelligence and the capacity for hard work which these women bring to marriage are matched, as friends of Anita Keating, the wife of the Prime Minister of Australia, remarked, by â€Å"intense devotion †¦ her husband and her children are her life. † Colleen Fahey, the wife of the premier of New South Wales, had completed an 18-month part-time horticulture course at her local technical college, and she wanted to continue her studies full-time. But my husband wouldn’t let met,† she said. â€Å"He said that he didn’t think it was right for a mother to have a job when she had a 13-year-old child †¦ I think if I’d put my foot down and said I’d really wanted a career, he’d have said, ‘You’re a rotten mother leavi ng those kids. † (41) The case for this sort of behaviour is simply not as compelling for working-class men, the mothers and the wives of most of whom undertake paid work as a matter of course. Success itself can amplify this need for total devotion, while lessening the chances of its fulfilment outside of the domestic realm. For the successful are likely to have difficulty establishing intimate and lasting friendships with other males because of low self-disclosure, homophobia, and cut-throat competition. The corporate world expects men to divulge little of their personal lives and to restrain personal feelings, especially affectionate ones, towards their colleagues while cultivating a certain bland affability. Within the corporate structure, â€Å"success is achieved through individual competition rather than dyadic or group bonding. The distinction between home and work is crucial and carefully maintained. For men in the corporation, friends have their place outside work. (42) While William Shawcross, the biographer of media mogul Rupert Murdoch, found him â€Å"courageous† and â€Å"charming,† others close to Murdoch described him as â€Å"arrogant,† â€Å"cocky,† â€Å"insensitive, verging on dangerous,† â€Å"utterly ruthless,† and an â€Å"efficient Visig oth. † Murdoch himself described his life as â€Å"consisting of a series of interlocking wars. Shawcross also found that Murdoch possessed â€Å"an instinctive feel for money and power and how to use them both;’ had a â€Å"relentless, unceasing drive and energy,† worked â€Å"harder and more determinedly† than anybody else, was â€Å"sure that what he was doing was correct†, â€Å"believed that he had become invincible†, and was driven by the desire â€Å"to win at all costs. † (43) And how must it feel to know that you can have whatever you want, and that throughout your life you will be looked after in every way, even to the point of never having to dress and undress yourself? Thus the view that hegemonic masculinity is hegemonic insofar as it succeeds in relation to women is true, but partial. Competitiveness, a combination of the calculative and the combative, is institutionalised in business and is central to hegemonic masculinity. The enterprise of winning is life-consuming, and this form of competitiveness is â€Å"an inward turned competitiveness, focussed on the self,† creating, in fact, an instrumentality of the personal. (44) Hegemonic masculinity is â€Å"a question of how particular groups of men inhabit positions of power and wealth, and how they legitimate and reproduce the social relationships that generate their dominance. † (45) Through hegemonic masculinity most men benefit from the control of women. For a very few men, it delivers control of other men. To put it another way, the crucial difference between hegemonic masculinity and other masculinities is not the control of women, but the control of men and the representation of this as â€Å"universal social advancement,† to paraphrase Gramsci. Patriarchal capitalism delivers the sense, before a man of whatever masculinity even climbs out of bed in the morning, that he is â€Å"better† than half of humankind. But what is the nature of the masculinity confirming not only that, but also delivering power over most men as well? And what are its attractions? A sociology of rulingclass men is long overdue. Footnotes 1. M. Waters. â€Å"Patriarchy and Viriarchy: An Exploration and Reconstruction of Concepts of Masculine Domination. † Sociology 7 (1989): 143-162. 2. A. Hochschild with A. Machung. The Second Shit: Woking parents and the Revolution at Home (New York: Viking. 989): 257. 3. M. Donaldson, Time of Our Lives: Labour and Love in the Working Class (Sydney: Allen and Unwin, 1991). 3. R. Connell. â€Å"Theorising Gender,† Sociology, 19 (1985): 263; R. Connell, â€Å"The Wrong Stuff: Reflections on the Place of Gender in American Sociology. † in H. J. Gans, editor, Sociology in America (Newbury-Park : Sage Publications 1990), 158; R. Connell, â€Å"The State, Gender and Sexual Politics: Theory and Appraisal† , Theory and Society 19/5 (1990): 509-523. 5. Connell. â€Å"Theorising Gender,† 260. 6. R. Connell, Which Way is Up? Essays on Class, Sex and Culture (Sydney: George Allen and Unwin, 1983), 234-276. 7. T. Carrigan, B. Connell. and J. Lee, â€Å"Toward a New Sociology of Masculinity. † in H. Brod. editor. The Making of Masculinities: The New Men’s Studies (Boston:. Allen and Unwin), 75. 8. R. Connell. Gender and Power: Society, the Person and Sexual Politics (Sydney: Allen and Unwin. 1987), 107; Carrigan. Connell and Lee, 95. 9. Carrigan, Connell. and Lee. â€Å"Toward a New Sociology of Masculinity. † 86: Connell, Which Way is Up? 185. 10. Connell, Which Way is Up; Connell. Gender and Power; R. Connell, â€Å"A Whole New World: Remaking Masculinity in the Context of the Environmental Movement,† Gender and Society 4 (1990): 352-378: R. Connell. â€Å"An Iron Man: The Body and Some Contradictions of Hegemonic Masculinity,† in M. Messner and D. Sabo, editors, Sport, Men and the Gender Order (Champaign. Ill. : Human Kinetics Books, 1990): Connell, â€Å"The State, Gender and Sexual Politics†; Carrigan, Connell and Lee, 86; R. Chapman. â€Å"The Great Pretender: Variations in the New Man Theme. † in R. Chapman and J. Rutherford. editors. .Male Order: Unwrapping Masculinity (London: Lawrence and Wishart. 1988) 9-18; C. Cockburn. â€Å"Masculinity, the Left and Feminism. † in Male Order:103–329; P. Lichterman. Making a Politics of Masculinity,† Comparative Social Research 11 (1989): 185-208; M. Messner â€Å"The Meaning of Success: The Athletic Experience and the Development of Male Identity,† in The Making of Masculinities:193-2 10; J. Rutherford. â€Å"Who’s That Man’? † in Male Order, 21-67. I I. Connell, Which Way is Up: 236, 255, 256. 12. Connell, Which Way is Up: 185,186,239. 13. Connell, â€Å"Iron Man,† 83, 94. 14. Connell, â€Å"Whole New World,† 459. 15. D. Hammond and A. Jablow, â€Å"Gilgamesh and the Sundance Kid: The Myth of Male Friendship,† in The Making of Masculinities: 256: Messner. â€Å"The Meaning of Success†, 198; Connell. Iron Man. † 87, 93: Donoghue in Connell. â€Å"Iron Man,† 84-85. 16. Carrigan, Connell, and Lee, â€Å"Toward a New Sociology of Masculinity†: Connell, Gender and Power. 17. G. Herek, â€Å"On Heterosexual Masculinity: Some Physical Consequences of the Social Construction of Gender and Sexuality,† in M. Kimmel, editor, Changing Men, New Directions on Men and Masculinity (Newbury Park: Sage. 1987): 71-72; Connell. â€Å"Whole New World,† 369. 18. Carrigan, Connell and Lee, â€Å"Toward a New Sociology of Masculinity†: 93; C. Johnson and R. Johnston, â€Å"The Making of Homosexual Men. † in V. Burgmann and J. Lee, editors, Staining the Wattle. A People’s History of Australia Since 1788. (Fitzroy: McPhee Gribble/Penguin, 1988): 91; Connell, Gender and Power: 80; Carrigan, Connell and Lee: 86. 19. Carrigan, Connell, and Lee. 85; Connell. Gender and Power : 116. 20. Johnston and Johnston. â€Å"Homosexual Men. † 94: Carrigan. Connell, and Lee. 74: J. Hearn, The Gender of Oppression: Men, Masculinity and the Critique of Marxism (Brighton: Wheatsheaf, 1987); Connell, , Gender and Power: 60; Connell, Which Way is Up: 234. 177-178. 21. Otto in L. Ross. â€Å"Escaping the Well of Loneliness. † Staining the Wattle: 107. 22. Connell. â€Å"Whole New World,† 474-475, 477. 23, Lichterman, â€Å"Making a Politics. † 187-188, 201, 204. 24. Hochschild, Second Shift, 239: V. Seidler, â€Å"Fathering, Authority and Masculinity,† Male Order, 276; G. Russell, The Changing Role of Fathers? (St. Lucia: University of Queensland Press. 1983), 98. 117; Seidler, â€Å"Fathering,† 287: Hochschild, Second Shift, 249; Connell, Which Way is Up, 32. 25. Messner. â€Å"Meaning of Success,†: 201. 26. Russell, Changing Role; Hochschild, Second Shift, 2, 217, 227; C. Armitage, â€Å"House Husbands. The Problems They Face,† Sydney Morning Herald (4 July 1991): 16. 27. Seidler. Fathering,† 298, 290, 295; Russell, Changing Role, 177. 28. Bicknell, â€Å"Neville Wran: A Secret Sadness,† New Idea (May 11, 1991): 18. 29. Russell, Changing Role, 128-129, 135-136. 30, Seidler. â€Å"Fathering,† 283. 31. Hochschild, Second Shift, 218, 237; P. Stein. â€Å"Men in Families,â⠂¬  Marriage and Family Review 7 (1984): 155. 32. Hochschild, Second Shift, 216; Defrain in Stein, â€Å"Men in Families. † 156; E. Prescott, â€Å"New Men,† American Demographics 5 (1983): 19. 33. Connell. â€Å"Whole New World. † 465; Seidler, â€Å"Fathering,† 275. 31. Donaldson, Time of Our Lives, 20-29. 35. Chapman, â€Å"Great Pretender,† 212; Prescott, â€Å"New Men. 16, 20, 18. 36. Chapman, â€Å"Great Pretender,† 213. 37. Connell, â€Å"Whole New World,† 465. 38. Connell, â€Å"Whole New World,† 176. 39. Connell, Gender and Power, 15; Connell, â€Å"The Wrong Stuff,† 161. 40. Connell, Which Way is Up: 71. 41. R. Connell, Teachers’ Work (Sydney: George Allen and Unwin, 1985). 187; Connell. Which Way is Up: 71: Hochschild, Second Shift, 255: N. Barrowblough and P. McGeough. â€Å"Woman of Mystery. The Trump Card Keating Hasn’t Played,† Sydney Morning Herald, (8 June 1991): 35. D. Cameron. â €Å"Just an Average Mrs. Premier,† Sydney Morning Herald, (28 Nov. 1992): 41. 42. M. Barrett, Women’s Oppression Today: Problems in . Marxist Feminist Analysis (London: Verso, 1980): 187-216; Messner, â€Å"Meaning of Success. † 201: R. Ochberg, â€Å"The Male Career Code and The Ideology of Role,† in The Making of Masculinities: 173. 184; Hammond and Jablow, 255-256; Illawarra Mercury, â€Å"Family Comments Greeted with Fury. † (1 December 1992): 7. 43. W. Shawcross, Rupert Murdoch, Ringmaster of the Information Circus (Sydney: Random House. 1992). 44. Carrigan. Connell. and Lee, 92; Connell, Gender and Power, 156; Connell. â€Å"Iron Man. † 91; Seidler. â€Å"Fathering,† 279. 45. Carrigan, Connell, and Lee, 92. How to cite Deviance. Topic Questions, Essay examples

Blog - Blurb - Critical Review

Questions: 1. Write a blog post about a topic Plastic Surgery. 2. Write the blurb for the cover of New Treehouses of the world by Pete Nelson. 3. Write a critical review of on the TV series orange is the new Black (season 2). Answers: 1. Blog Title: Plastic Surgery: Plastic surgery is a particular type of surgery that can be concerned by both persons manifestation and capability to purpose. Plastic surgery strives to get better, patients manifestation and personality from beginning to end of reconstructive and cosmetic procedures. Reconstructive means defects in face or body part, which include bodily origin like cleft lips and palate etc, distressing injuries from dog bites, fire burn. On the other hand cosmetic proceeding means change the part of that body which person dont like which include reshape the nose, extra fat surgery. Part of the Face treatment by inject able, as skin become more inclined to wrinkles and floppy. In facial fillers is also known as dermal fillers and inject able, they are used to fat skinny lips, make softer facial crease and also it is a kind of injection which keep face area surgery long lasting to temporary. Many kind of facial filler are existing in US and each and every part are intended for numerous reason like lip expansion, wrinkle etc. Minimally invasive cosmetic surgery is a kind of surgery which is done with the help of a performancerange and particularlyplanned surgical device. In this kind of surgery they result in a smaller amount of caution, a smaller amount scar and an earlier revival for the patient as well as condensed health care expenses. In the cosmetic surgery, the minimally invasive takings use of newer equipment such as laser, to carry out actions that once required wide surgery and healing time. Now a days cosmetic surgeons and plastic surgeons have a range of apparatus and procedure that make facelifts and eye lifts more easy to get to and reasonable. Many Hollywood stars had done this kind of surgery to look good, and its the essentials truth that as point in time make human change. On the other hand some of the Hollywood stars are there who change themselves unexpectedly and its clear that they went to get into under table. After doing the surgeries they feel so shy to say that they did the plastic surgeries, they say that it is because of makeup etc but real truth is that the plastic surgeries that make their lip thin, faces slighter etc. there are some examples which gaze before and after looks of the stars. In year 2002 and 2008 Anna Faris did her lip surgery. 3. Blurb: New Treehouses of the world by Pete Nelson A particular story is all about the people of tree house builders who have grown-up considerably in numerous ways. Basically they are attractively leader (THAKUR, 2013). Tree houses have been building more or less in the world, and they are mostly from Asia to North America and numerous areas areconnecting. In millennium period of time the major challenge are world shifting and sustainable existing things. Tree house represent the concept of encouraging control, environmental awareness and helpfulness and they come only when all are in danger. At some time they all cant think on regarding these kinds of environmental things. New Tree houses of the world is an extension part of Tree houses of the World(Nelson, 2009). Journal style travelogue Pete Nelson is the known as the world best tree house stylish and designer. Pete Nelson decided that in Spain he will build a tree house from his individual venture(Grnnow, 2010). This book says that Pete Nelson started his trip from Spain to Sea ttle were he establish a point of tree house. From the introduction part of tree house this book shift to the theme of conversation, state-of-the-art tree-connection technology which gave a short conversation about how to construct a tree house(Jones, 2009). 3. Critical review on the TV series orange is the new Black (season 2) Many people are there who already watch half of this series Orange is the new black(Verboord, 2009). In this series there is a part in season one were kohan is a character name and she is more confident about storytelling because she laid the basics of the varied typescript. In season 2 kohan gave more intensity in worldwide appraisal, and it is one of the most exciting, amazing drama which had been yet finished. This season is full of comedy and based on drama. It deals with the re establishment of guard and inmate. In this Kohan is a unforgettable character with a good-looking quality and slight examination of society, here the character is more classified and the work done by Taylor Schilling in the first season(Transnationalism and American serial fiction, 2012). In this series producer took an original move toward by focus on the range of the character. Writer used flashback for understand the qualityimproved for each individual. Realistic picture is produce by the writer for th e great location and for the editing part. The most impressive part about this series is the character is stereotypes. Now this series is so beautiful because here every individual character express them. Every moment of connection in the world is slightly better. One of the major parts of the TV series is not too justify the right and wrong set of behavior of characters. The TV series very much connect to the adult audience rather than family audience because of too much of violence and shadycharacter present within the series. The TV series does not signify wrong or right character rather that it gives every one point of view. Orange is new Back is very much different from the general TV shows which family drama or the comedy show. Every character and roles played by the actor are very much are judgmental and bring various shades of the other character. The story line does not have any kind of bureaucracy and every character played by the actors isemotionallyattaching with the TV series. However, the story line is very much engaging and sketchy characters are very much loved by the audience. Reference: Grnnow, M. (2010).Travelogue. Berlin: Revolver Publ. by VVV. Jones, M. (2009). Enabling Environments: Treehouse - Branch out.Nursery World, 2009(10). Nelson, P. (2009).New treehouses of the world. New York: Abrams. THAKUR, V. (2013). Spot fixing: an ugly side of modern cricket.PE, II(I), pp.1-3. Transnationalism and American serial fiction.(2012).Choice Reviews Online, 49(10), pp.49-5539-49-5539. Verboord, M. (2009). The Legitimacy of Book Critics in the Age of the Internet and Omnivorousness: Expert Critics, Internet Critics and Peer Critics in Flanders and the Netherlands.European Sociological Review, 26(6), pp.623-637.

The Spider and the Fly Essay Example

The Spider and the Fly Paper In the famous poem The Spider and the Fly written in 1829, Mary Howitt writes of a spider who cunningly persuades a fly to visit his parlor through flattery and carefully chosen words. The fly at first resists, but eventually falls prey to vanity, and, when the spider has disappeared, flutters Into the parlor, only to be pounced upon and devoured for dinner. On the literal level, the spider uses meiosis to tranquilize the flys fears of the web, and all its implications (flrst and foremost: inevitable doom). By simply referring to it as a parlour the spider is able to negate all the negative onnotations of a spiders web, and the actual ramifications of entering such a web: death. A web is where a spider kills and feasts upon its prey, but through meiosis the spider replaces web with parlour, which simply is a place while people drink- thereby not specifying who will be drinking (the spider) and what hell be drinking (the spiders blood). Understanding the cultural and historical context is the single most important factor in determining the underlying meaning of this poem. Critical analysis Seths poem Is In the form of a story narrative; a parable that seeks to teach as It peaks. The frog Is an unmusical fellow, who nevertheless sings through the night causing his neighbours a lot of discomfort. He refuses to be cowed by any form of restraint and remains the neighbourhood bully. When the nightingale astounds everybody with her beautiful voice, ther frog found himself jealous and upset with her presence and he set about systematically eliminating his rival through a sinister plot. Her realises that she has no notion of her abilities. He makes use of that. He makes her believe that he is a maestro and a music critic. He keeps putting her abilities down. He drives her relentlessly and makes money off her as her tutor as well as from people who wish to listen to her. Soon she breaks down and dies and the frog rules the roost again. The bog once again echoes with the unmusical croaks of the frog. The Spider and the Fly is a poem by Mary Howitt (1799-1888), published In 1829. The first line of the poem is Will you walk Into my parlor? said the Spider to the Fly. We will write a custom essay sample on The Spider and the Fly specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on The Spider and the Fly specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on The Spider and the Fly specifically for you FOR ONLY $16.38 $13.9/page Hire Writer The story tells of a cunning Spider who ensnares a naive Fly through the use of seduction and flattery. The poem is a cautionary tale against those who use flattery and charm as a front for potential evil. the poem concerns a very eloquent spider trying to entire a beautiful fly into his manor. The artwork is very detailed and in a simple black and white scheme. The poem itself is very straightforward and the rhyming pattern is very catchy which. The conflict is between the Spider and the Fly but has a deeper understanding and moral to that. The moral of the tale is that not everyone who flatters and acts friendly really is. Sometimes the very worst things in ife lurk beneath pretty, flowery words. The spiders cunningness stands contrasted with the Innocence of the fly, but the spider succeeds only because the fly Is prone to flattery and Is gullible. Assay By shbhmasthana In the famous poem The Spider and the Fly written in 1829, Mary Howitt writes of a spider has disappeared, flutters into the parlor, only to be pounced upon and flys fears of the web, and all its implications (first and foremost: inevitable doom). By not specifying who will be drinking (the spider) and what hell be drinking (the Seths poem is in the form of a story narrative; a parable that seeks to teach as it speaks. The frog is an unmusical fellow, who nevertheless sings through the night everybody with her beautiful voice, ther frog found himself Jealous and upset with of the frog. The Spider and the Fly is a poem by Mary Howitt (1799-1888), published in 1829. The first line of the poem is Will you walk into my parlor? said the Spider to with the innocence of the fly, but the spider succeeds only because the fly is prone to flattery and is gullible.

Reading Comprehension When Applying for a Job

Reading Comprehension When Applying for a Job The perfectly composed resume will fail to impress an HR professional unless it underscores the skills and experience your prospective employer needs. To determine what the company is looking for, you must learn how to search for the clues in the job posting. Then, you can tailor your resume and cover letter.   To test your job post comprehension  read the following advertisements and answer the questions below: Needed: Full-time secretary position available. Applicants should have at least 2 years experience and be able to type 60 words a minute. No computer skills required. Apply in person at United Business Ltd., 17 Browning Street.Are you looking for a part-time job? We require 3 part time shop assistants to work during the evening. No experience required, applicants should between 18 and 26. Call 366 - 76564 for more information.Computer trained secretaries: Do you have experience working with computers? Would you like a full-time position working in an exciting new company? If your answer is yes, give us a call at 565-987-7832.Teacher Needed: Tommys Kindergarten needs 2 teacher/trainers to help with classes from 9 a.m. to 3 p.m. Applicants should have appropriate licenses. For more information visit Tommys Kindergarten in Leicester Square No. 56.Part Time work available: We are looking for retired adults who would like to work part-time at the weekend. Responsibilities include answerin g the telephone and giving customers information. For more information contact us by calling 897-980-7654. University positions open: The University of Cumberland is looking for 4 teaching assistants to help with homework correction. Applicants should have a degree in one of the following: Political Science, Religion, Economics or History. Please contact the University of Cumberland for more information. Comprehension Questions Which position is best for these people? Choose ONLY ONE position for each person. Jane Madison. Jane recently retired and is looking for a part-time position. She would like to work with people and enjoys public relation work. The best job for Jane is _____Jack Anderson. Jack graduated from the University of Trent with a degree in Economics two years ago. He would like an academic position. The best job for Jack is _____Margaret Lillian. Margaret is 21 years old and would like a part-time position to help her pay her university expenses. She can only work in the evenings. The best job for Margaret is _____Alice Fingelhamm. Alice was trained as a secretary and has six years of experience. She is an excellent typist but does not know how to use a computer. She is looking for a full-time position. The best job for Alice is _____Peter Florian. Peter went to business school and studied computer and secretarial skills. He is looking for his first job and would like a full-time position.​​ The best job for Peter is ____Vincent san George. Vincent loves work ing with children and has an education license from the city of Birmingham. He would like to work with young children. The best job for Vincent is _____ Once youve found the best job for each person, check your answers below. Answers Which position is best for these people? Jane Madison. Jane recently retired and is looking for a  part-time position. She would like to work with people and enjoys public relation work. The best job for Jane is  5Jack Anderson. Jack graduated from the University of Trent with a degree in Economics two years ago. He would like an academic position. The best job for Jack is  6Margaret Lillian. Margaret is 21 years old and would like a part-time position to help her pay her university expenses. She can only work in the evenings. The best job for Margaret is  2Alice Fingelhamm. Alice was trained as a secretary and has six years of experience. She is an excellent typist but does not know how to use a computer. She is looking for a  full-time position. The best job for Alice is  1Peter Florian. Peter went to business school and studied computer and secretarial skills. He is looking for his  first job  and would like a  full-time position. The best job for Peter is  3Vincent san George. Vincent loves working w ith children and has an education license from the city of Birmingham. He would like to work with young children. The best job for Vincent is  4

How to Give a Great Presentation

How to Give a Great Presentation How to Give a Great Presentation Giving a presentation is, for many students, a stressful experience; even the most studious of us can find ourselves lost for words when faced with a roomful of expectant faces, gazing out in quiet anticipation. But being able to give an oral presentation is vital for your education and can help your career prospects. Rather than feeling nervous about it, you should therefore think of giving a talk as a chance to develop your communication and presentation skills. There are plenty of things you can do to make giving a presentation go smoothly too, including the following†¦ Practice, Practice, Practice! It’s an obvious place to start, but practicing your presentation will help make sure it goes perfectly on the day. Factors to consider include timing, the structure of your talk and the kind of questions your audience might ask. You should try reading your presentation out loud, as if to an audience. If you have a few willing friends, they could even listen, ask questions and give you feedback. Alternatively, you could also give your presentation to the mirror or record yourself and listen back afterwards. Be Prepared†¦ On the day before your presentation, try to get a good night’s rest. Likewise, on the day, make sure you eat healthily so you’ll have the energy required to engage with your audience. Moreover, try to turn up around fifteen minutes before your presentation is due to begin, or however long you need to settle in and set up any resources you plan to use, such as laptops, projectors or handouts. Be Confident Easier said than done sometimes, but even pretending to feel confident will help you communicate clearly while giving your presentation. Good tips include dressing smartly, making eye contact with your audience and not feeling like you have to apologize for yourself. If you need a moment to gather your thoughts at any point, stopping briefly to take a sip of water will allow you to think (and keep you hydrated). This can be especially helpful when answering audience questions. Be Heard! It’s important to make yourself heard when giving a presentation. This means addressing the entire audience (not just the first row), speaking at a steady pace (not rushing) and vocalizing clearly (not speaking into your chest). It’s a good idea to have notes to guide your presentation, but try not to just read them out loud, as this is often unengaging for an audience. Use Visual Aids These days, most presentations are accompanied by visual aids, such as hand outs and PowerPoint slideshows. These can be a great addition to your talk, but try not to rely on them too much.

Controversy of Pre-natal Diagnosing Research Paper

Controversy of Pre-natal Diagnosing - Research Paper Example According to medical professionals, policymakers and other interest groups, prenatal testing provide parents the choice of therapeutic abortion freeing them from reproductive risk by preempting the birh of a child with a genetic disease thus liberating them from the financial and emotional burden and distress that the child and the family may experience from â€Å"interpersonal, intrafamilial and intergenerational relations† (Ekberg, 2007, 67). The idea was to detect fetal defect and to give expectant mothers â€Å"choices† if possible abnormality in the fetus is detected. While this may seem to be a medical breakthrough of giving expectant mothers advance information about the health and well being of their upcoming babies, this has however raised a number of disturbing issues. Rather than focusing more on the health and well being of both the babies and the mother, the issue redounded to a cold hearted cost benefit assessment that it will be more cost efficient to â⠂¬Å"terminate a birth† than to spend for the care of a disabled child. ... It also assumes that a fetus which has been diagnosed with abnormality through prenatal diagnosing will have no chance to live a productive, meaningful and rewarding life. It immediately passed a judgment that a child with disability will become an automatic liability to the family and society without a chance to recover nor to live a meaningful life. It is an assumption that is based on the impression on what is probable without inquiring on the state and well-being of the disabled child and his/her families. It also reinforces an intolerant society that discriminates against a trait and persons that does not fit to what the generally constructed concept of normalcy in society. Where before parents had control as to the quantity of childbirth, now it seeks control as to the quality of a child by terminating the birth of a fetus that may have potential defects. It is an impression that is misinformed because when studies were made â€Å"on children and families affected by disabilit ies indicated that disability does not preclude a satisfying life (Asch, 1999, 1649). Further, in a study conducted in 1995 revealed that a child’s disability did not affect the lives of their families and the needs and concerns of those family with disabled child were strikingly similar compared to a family with a normal child. What was distinguishable was only the complexity of the arrangement that is needed to balance the responsibilities at work and home (qtd. in Freedman et al, 1995) , Asch furtherly articulated that â€Å"these professions fail people with disabilities, by concluding that because there may never be full physical recovery, there is never a regrouping of physical, cognitive, and psychological resources with which to participate in a rewarding life (Asch, 1999, 1650).

Journal research Essay Example | Topics and Well Written Essays - 500 words

Journal research - Essay Example The introduction gave a brief description of body mass index ( BMI) as a measure for obesity.The historical background of the research is focused on the increased cardiovascular risk for obese children. The importance of measuring BMI and its validity in establishing obesity was a good platform in establishing a good hypothesis. The study was conducted no less than one of the authors ( Pietrobeli) with another group of researchers. Studies citing complications that arose from obese children in a 40 yr follow-up study by Jacques et al in was presented. Accordingly, the study by Jacques revealed that childhood obesity did not only result to diabetes but led to increased mortality due to coronary artery disease as well. The present study hypothesized that early childhood obesity along with a sedentary lifestyle increases the risk for diseases such as type 2 diabetes and cardiovascular diseases. This translates to higher incidence of mortality when these children become adults. For the methods section, a comparative survey that compares the BMI across teens in the US was used. The cited study was done by Lissau et al published in 2003. The method engaged was a cross-comparison of incidence of obesity in teens in US against teens in Europe. The comparison resulted to the conclusion that occurrence of obesity in US teens is three times higher than European counterparts. Unfortunately, much cannot be said about statistical data since the study was just referenced in the journal Much of the given conclusions were summaries of compiled studies. In fact, the journal is more like of an informative and persuasive article that warns the public of the dangers of childhood obesity. The journal also comments on what directions , programs and policies that European Commission must do so that European teens would not experience same situation as American teens. The suggestions posed by the researchers were interventions

Business Law Essay Example for Free

Business Law Essay What is Business Law? Businesses interact in many and varied ways. To name just a few types of business transactions, there are contracts, mergers and acquisitions, leasing, etc. How these transactions are carried out is overseen by Business Law. Additionally, how businesses are formed is a large part of Business law. This area of law is very wide-ranging, although it deals primarily with defining the rights and responsibilities of businesses, rather than enforcing these laws. Because of its extensive scope, Business law has spawned a large number of legal practice area subcategories, which include Sales and Secured Transactions, Banking, Landlord-Tenant, Mortgages, Real Estate Transactions, Debtor and Creditor, Bankruptcy, Consumer Credit, Negotiable Instruments, and Contracts. Business law and Commercial law are very closely related, so much so that the terms are often used interchangeably and the legal issues they address frequently overlap. The Uniform Commercial Code (UCC) is the principal presiding authority over commercial transactions. * Business.gov Business.gov helps small businesses understand their legal requirements and locate government services from federal, state and local agencies. Business.gov is an official site of the U.S. Small Business Administration. * Commercial Law / Business Law Definition Commercial law (sometimes known as business law) is the body of law that governs business and commercial transactions. It is often considered to be a branch of civil law and deals with issues of both private law and public law. Commercial law includes within its compass such titles as principal and agent; carriage by land and sea; merchant shipping; guarantee; marine, fire, life, and accident insurance; bills of exchange and partnership. It can also be understood to regulate corporate contracts, hiring practices, and the manufacture and sales of consumer goods. * Compliance with Business Laws Most aspects of running a business have some legal consequences. Whether your business is just starting up, expanding, or winding down, you must comply with the federal, state, and local laws that govern your business activities. * Employment Law for Businesses A great many common law rulings, statutes, administrative rules and legislation make up the practice and interpretation of employment law. Its governance falls under the umbrella of both federal and state statutes, as well as administrative regulation and judicial precedent. When workers file claims for employment discrimination, unemployment compensation and workers’ compensation, these claims fall under employment law. Likewise, overseeing workplace safety and standards, fair wages, retirement and pensions, employee benefits, and much more, are part of this wide-ranging legal area. Employment law deals with both the employer and the employee’s actions, rights and responsibilities, as well as their relationship with one another. A well-known, prevalent administrative regulatory body for employment law is the Department of Labor, which exists on both the federal and the state level.The elaws Advisors are interactive e-tools that provide easy-to-understand information about a number of federal employment laws. Each Advisor simulates the interaction you might have with an employment law expert. It asks questions and provides answers based on responses given. * Self-Employment Assistance Self-Employment Assistance offers dislocated workers the opportunity for early re-employment. The program is designed to encourage and enable unemployed workers to create their own jobs by starting their own small businesses. Under these programs, States can pay a self-employed allowance, instead of regular unemployment insurance benefits, to help unemployed workers while they are establishing businesses and becoming self-employed. Participants receive weekly allowances while they are getting their businesses off the ground. * Model Business Corporation Act A corporation is a legal entity created through the laws of its state of incorporation. Individual states have the power to promulgate laws relating to the creation, organization and dissolution of corporations. Many states follow the Model Business Corporation Act.State corporation laws require articles of incorporation to document the corporations creation and to provide provisions regarding the management of internal affairs. Most state corporation statutes also operate under the assumption that each corporation will adopt bylaws to define the rights and obligations of officers, persons and groups within its structure. States also have registration laws requiring corporations that incorporate in other states to request permission to do in-state business.There has also been a significant component of Federal corporations law since Congress passed the Securities Act of 1933, which regulates how corporate securities are issued and sold. Federal securities law also governs requirement s of fiduciary conduct such as requiring corporations to make full disclosures to shareholders and investors. The law treats a corporation as a legal person that has standing to sue and be sued, distinct from its stockholders. The legal independence of a corporation prevents shareholders from being personally liable for corporate debts. It also allows stockholders to sue the corporation through a derivative suit and makes ownership in the company (shares) easily transferable. The legal person status of corporations gives the business perpetual life; deaths of officials or stockholders do not alter the corporations structure.Corporations are taxable entities that fall under a different scheme from individuals. Although corporations have a double tax problem both corporate profits and shareholder dividends are taxed corporate profits are taxed at a lower rate than the rates for individuals.Corporate law has important intersections with contracts and commercial transactions law. * Securities law A generic term for shares of stock, bonds, and debentures issued by corporations and governments to evidence ownership and terms of payment of dividends or final payoff. They are called securities because the assets or profits of the corporation or the credit of the government stand as security for payment. However, unlike secured transactions in which specific property is pledged, securities are only as good as the future profitability of the corporation or the management of the governmental agency. Most securities are traded on various stock or bond markets. Securities law exists because of unique informational needs of investors. Securities are not inherently valuable; their worth comes only from the claims they entitle their owner to make upon the assets and earnings of the issuer or the voting power that accompanies such claims. The value of securities depends on the issuers financial condition, products and markets, management, and the competitive and regulatory climate. Securities laws and regulations aim at ensuring that investors receive accurate and necessary information regarding the type and value of the interest under consideration for purchase. Securities exist in the form of notes, stocks, treasury stocks, bonds, certificates of interest or participation in profit sharing agreements, collateral trust certificates, preorganization certificates or subscriptions, transferable shares, investment contracts, voting trust certificates, certificates of deposit for a security, and a fractional undivided interest in gas, oil, or other mineral rights. Certain types of notes, such as a note secured by a home mortgage or a note secured by accounts receivable or other business assets, are not securities. * The Setting for Buying and Trading Two principle settings for buying and selling securities exist issuer transactions and trading transactions. On the one hand, issuer transactions are the means by which businesses raise capital. These transactions involve the sale of securities by the issuer to investors. On the other hand, trading transactions refers to the purchasing and selling of outstanding securities among investors. Investors trade outstanding securities through securities markets that can be either stock exchanges or over-the-counter. Stock exchanges provide a place, rules, and procedures for buying and selling securities, and the government heavily regulates them. Generally, to have their securities sold and bought on a stock exchange, a company must list its securities on a given exchange. The Securities and Exchange Commission (SEC) must approve the stock exchanges rules before they take effect. Transactions that do not take place on a stock exchange occur in the the residual securities market, known as the over-the-counter market. Only dealers and brokers registered with the SEC may engage in securities business both on stock exchanges and in over-the-counter markets. Most of the broker-dealers serving the public used to be members of the National Association of Securities Dealers (NASD), which served the NASDAQ stock market, but in 2007, the NASD merged with the dealers from the New York Stock Exchange to form the Financial Industry Regulatory Authority (FINRA) a national securities association registered with SEC. * Securities Regulation Securities regulations focus mainly on the market for common stocks. Both federal and state laws regulate securities. On the heels of the Great Depression, Congress enacted the first of the federal securities laws, the Federal Securities Act of 1933, which regulates the public offering and sale of securities in interstate commerce. This Act also prohibits the offer or sale of a security not registered with the Securities Exchange Commission and requires the disclosure of certain information to the prospective securities purchaser. Then, needing an agency to enforce those regulations, Congress established the Securities Exchange Act of 1934, which created the SEC. Since then, Congress has charged the SEC with administering federal securities laws. The 1933 Acts registration requirements aimed to enable purchasers to make reasoned decisions by requiring companies to provide reliable information. The Securities Exchange Act of 1934 also regulates officers, directors, and principal share holders in an attempt to maintain fair and honest markets. The Act requires that issuers, subject to certain exemptions, register with the SEC if they want to have their securities traded on a national exchange. Issuers of securities registered under the 1934 Act must file various reports with the SEC in order to provide the public with adequate information about companies with publicly traded stocks. The 1934 Act permits the SEC to promulgate rules and regulations to protect the public and investors by prohibiting manipulative devices and contrivances via the mail system or other means of interstate commerce * Partnership Law A partnership is a for-profit business association of two or more persons. Because the business component is defined broadly by state laws and because persons can include individuals, groups of individuals, companies, and corporations, partnerships are highly adaptable in form and vary in complexity. Each partner shares directly in the organizations profits and shares control of the business operation. The consequence of this profit sharing is that partners are jointly and independently liable for the partnerships debts.Creation, organization, and dissolution of partnerships are governed by state law. Many states have adopted the Uniform Partnership Act. A partner relationship is generally the result of a contract either express or implied with no formal requirements (such as a signed document). This is not the case of a limited partnership where one or more general partners manage business operations and assume personally liable for partnership debts while other contributing/profit sharing partners take no part in running the business and incur no liability beyond contribution obligations.) Limited partnerships are governed in many states by the Uniform Limited Partnership Act . State property law also impacts partnerships by defining ownership in a partnership and determining how the death of a partner changes the partnership structure. Federal law plays a minimal role in partnership law except in the context of a diversity action, or in instances where a partnership agreement contains an effective choice-of-law provision designating the application of federal law. Federal law also governs whether a partnership exists for federal tax purposes. For state and federal tax purposes, a partnership is not a taxable entity. Partnership income is taxable to the partners in proport ion to their share in the companys profits. * Small Business Advocacy Despite their importance to the economy, small businesses are heavily burdened by the costs of government regulation and excessive paperwork. Advocacy research shows that firms with fewer than 20 employees annually spend 45 percent more per employee than larger firms do to comply with federal regulations. Advocacy is an independent voice for small business within the federal government and is the watchdog for the Regulatory Flexibility Act (RFA). Advocacy advances the views and concerns of small business before Congress, the White House, the federal agencies, the federal courts and state policy makers. * Mortgage Law An arrangement under which a borrower puts up the title to real estate as security (collateral) for a loan to buy the real estate. The borrower typically agrees to make regular payments of principal and interest to repay the loan. If the borrower falls behind (defaults) on the payments, the lender can foreclose on the real estate and have it sold to pay off the loan. A mortgage involves the transfer of an interest in land as security for a loan or other obligation. It is the most common method of financing real estate transactions. The mortgagor is the party transferring the interest in land. The mortgagee, usually a financial institution, is the provider of the loan or other interest given in exchange for the security interest. Normally, a mortgage is paid in installments that include both interest and a payment on the principle amount that was borrowed. Failure to make payments results in the foreclosure of the mortgage. Foreclosure allows the mortgagee to declare that the entire m ortgage debt is due and must be paid immediately. This is accomplished through an acceleration clause in the mortgage. Failure to pay the mortgage debt once foreclosure of the land occurs leads to seizure of the security interest and its sale to pay for any remaining mortgage debt. The foreclosure process depends on state law and the terms of the mortgage. The most common processes are court proceedings (judicial foreclosure) or grants of power to the mortgagee to sell the property (power of sale foreclosure). Many states regulate acceleration clauses and allow late payments to avoid foreclosure. Some states use instruments called deeds of trust instead of traditional mortgages. Three theories exist regarding who has legal title to a mortgaged property. Under the title theory title to the security interest rests with the mortgagee. Most states, however, follow the lien theory under which the legal title remains with the mortgagor unless there is foreclosure. Finally, the intermediate theory applies the lien theory until there is a default on the mortgage whereupon the title theory applies. The mortgagor and the mortgagee generally have the right to transfer their interest in the mortgage. Some states hold that even when the purchaser of a property subject to a mortgage does not explicitly take over the mortgage the transfer is assumed. Mortgages employ due-on-sale and due-on-encumbrance clauses to prevent the transfer of mortgages. These clauses allow acceleration (having the principal and interest become due immediately) of the mortgage. The law of contracts and property govern the transfer of the mortgages interest. If the mortgage being foreclosed is not the only lien on the property then state law determines the priority of the property interests. For example, Article 9 of the Uniform Commercial Code governs conflicts between mortgages on real property and liens on fixtures (personal property attached to a piece of real estate). When a mortgage is a negotiable instrument it is governed by Article 3 of the Uniform Commercial Code. A mortgage may be used as a security interest by the mortgage. * Strangely enough, the word mortgage comes from the French word â€Å"mort† which means â€Å"dead† and â€Å"gage† from Old English, which means pledge. The term came from the doubtfulness of whether or not the mortgagor would pay the debt. In the 1500’s, if the mortgagor did not pay, then the land pledged as security for the debt was taken away. The land was then considered â€Å"dead† to the mortgagor. Nowadays, the term mortgage is used as a term for purchasing a property. We no longer associate anyone’s death with it. Although a few lucky people may be in a position to pay all cash for a property, home mortgages are required to purchase a home. Mortgages all have a term (typically 15, 20 or 30 years) representing the length of time before your home is paid off and a rate which determines the principal and interest payment that will be required to be paid during this term. * Bankruptcy Bankruptcy law provides for the development of a plan that allows a debtor, who is unable to pay his creditors, to resolve his debts through the division of his assets among his creditors. This supervised division also allows the interests of all creditors to be treated with some measure of equality. Certain bankruptcy proceedings allow a debtor to stay in business and use revenue generated to resolve his or her debts. An additional purpose of bankruptcy law is to allow certain debtors to free themselves (to be discharged) of the financial obligations they have accumulated, after their assets are distributed, even if their debts have not been paid in full. Bankruptcy law is federal statutory law contained in Title 11 of the United States Code. Congress passed the Bankruptcy Code under its Constitutional grant of authority to establish uniform laws on the subject of Bankruptcy throughout the United States.States may not regulate bankruptcy though they may pass laws that govern other a spects of the debtor-creditor relationship. There are two basic types of Bankruptcy proceedings. A filing under Chapter 7 is called liquidation. It is the most common type of bankruptcy proceeding. Liquidation involves the appointment of a trustee who collects the non-exempt property of the debtor, sells it and distributes the proceeds to the creditors. Bankruptcy involve the rehabilitation of the debtor to allow him or her to use future earnings to pay off creditors. Under Chapter 7, 12, 13, and some 11 proceedings, a trustee is appointed to supervise the assets of the debtor. A bankruptcy proceeding can either be entered into voluntarily by a debtor or initiated by creditors. After a bankruptcy proceeding is filed, creditors, for the most part, may not seek to collect their debts outside of the proceeding. The debtor is not allowed to transfer property that has been declared part of the estate subject to proceedings. Furthermore, certain pre-proceeding transfers of property, secured interests, and liens may be delayed or invalidated. Various provisions of the Bankruptcy Code a lso establish the priority of creditors interests. * Small Business Financing Loans and Grants Federal, state and local governments offer a wide range of financing programs to help small businesses start and grow their operations. These programs include low-interest loans, venture capital, and scientific and economic development grants. * Uniform Commercial Code The Uniform Commercial Code (UCC or the Code), first published in 1952, is one of a number of uniform acts that have been promulgated in conjunction with efforts to harmonize the law of sales and other commercial transactions in all 50 states within the United States of America. The goal of harmonizing state law is important because of the prevalence of commercial transactions that extend beyond one state. The UCC therefore achieved the goal of substantial uniformity in commercial laws and, at the same time, allowed the states the flexibility to meet local circumstances. The UCC deals primarily with transactions involving personal property (movable property), not real property (immovable property). * US Department of Commerce The U.S. Department of Commerce has a broad mandate to advance economic growth and jobs and opportunities for the American people. It has cross cutting responsibilities in the areas of trade, technology, economic development, environmental stewardship and statistical research and analysis. The products and services the department provides touch the lives of Americans and American companies in many ways, including weather forecasts, the decennial census, and patent and trademark protection for inventors and businesses. What is the UCC? The Uniform Commercial Code (UCC), a comprehensive code addressing most aspects of commercial law, is generally viewed as one of the most important developments in American law. The UCC text and draft revisions are written by experts in commercial law and submitted as drafts for approval to the National Conference of Commissioners on Uniform State Laws (now referred to as the Uniform Law Commissioners), in collaboration with the American Law Institute. The Commissioners are all attorneys, qualified to practice law, including state and federal judges, legislators and law professors from the United States and its territories. These quasi-public organizations meet and decide whether to endorse these drafts or to send them back to the experts for revision. The revision process may result in several different revisions of the original draft. Once a draft is endorsed, the Uniform Law Commissioners recommend that the states adopt these rules. The UCC is a model code, so it does not have leg al effect in a jurisdiction unless UCC provisions are enacted by the individual legislatures as statutes. Currently, the UCC (in whole or in part) has been enacted, with some local variation, in all 50 states, the District of Columbia, and the Virgin Islands. UNIFORM COMMERCIAL CODE Act 174 of 1962 AN ACT to enact the uniform commercial code, relating to certain commercial transactions in or regarding personal property and contracts and other documents concerning them, including sales, commercial paper,bank deposits and collections, letters of credit, bulk transfers, warehouse receipts, bills of lading, other documents of title, investment securities, leases, and secured transactions, including certain sales of accounts and contract rights; to provide for public notice to third parties in certain circumstances; to regulate procedure, evidence and damages in certain court actions involving such transactions, contracts or documents; to make uniform the law with respect there to; to make an appropriation; to provide penalties; and to repeal certain acts and parts of acts. * 1-101. Short Titles. (a) This [Act] may be cited as the Uniform Commercial Code. * 1-102. Scope of Article. This article applies to a transaction to the extent that it is governed by another article of [the Uniform Commercial Code]. * 1-103. Construction of [Uniform Commercial Code] to Promote its Purposes and Policies: Applicability of Supplemental Principles of Law. (a) [The Uniform Commercial Code] must be liberally construed and applied to promote its underlying purposes and policies, which are: (1)to simplify, clarify, and modernize the law governing commercial transactions; (2) to permit the continued expansion of commercial practices through custom, usage, and agreement of the parties; and (3) to make uniform the law among the various jurisdictions. (b) Unless displaced by the particular provisions of [the Uniform Commercial Code], the principles of law and equity, including the law merchant and the law relative to capacity to contract, principal and agent, fraud, misrepresentation,mistake, bankruptcy, and other validating or invalidating cause supplement its provisions. * 1-104. Construction Against Implied Repeal. [The Uniform Commercial Code] being a general act intended as a unified coverage of its subject matter, no part of it shall be deemed to be impliedly repealed by subsequent legislation if such construction can reasonably be avoided. * 1-105. Severability. If any provision or clause of [the Uniform Commercial Code] or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of [the Uniform Commercial Code] which can be given effect without the invalid provision or application, and to this end the provisions of [the Uniform Commercial Code] are severable. * 1-106. Use of Singular and Plural; Gender. In [the Uniform Commercial Code], unless the statutory context otherwise requires: (1) words in the singular number include the plural, and those in the plural include the singular; and (2) words of any gender also refer to any other gender. * 1-107. Section Captions. Section captions are part of [the Uniform Commercial Code]. * 1-108. Relation to Electronic Signatures in Global and National Commerce Act. This article modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., except that nothing in this article modifies, limits, or supersedes Section 7001(c) of that Act or authorizes electronic delivery of any of the notices described in Section 7003(b) of that Act. * 1-201. General Definitions. (a) Unless the context otherwise requires, words or phrases defined in this section, or in the additional definitions contained in other articles of [the Uniform Commercial Code] that apply to particular articles or parts thereof, have the meanings stated. (b) Subject to definitions contained in other articles of [the Uniform Commercial Code] that apply to particular articles or parts thereof: (1) Action, in the sense of a judicial proceeding, includes recoupment, counterclaim, set-off, suit in equity, and any other proceeding in which rights are determined. (2) Aggrieved party means a party entitled to pursue a remedy. (3) Agreement, as distinguished from contract, means the bargain of the parties in fact, as found in their language or inferred from other circumstances, including course of performance, course of dealing, or usage of trade as provided in Section 1-303. (4) Bank means a person engaged in the business of banking and includes a savings bank, savings and loan association , credit union, and trust company. (5) Bearer means a person in possession of a negotiable instrument, document of title, or certificated security that is payable to bearer or indorsed in blank. (6) Bill of lading means a document evidencing the receipt of goods for shipment issued by a person engaged in the business of transporting or forwarding goods. (7) Branch includes a separately incorporated foreign branch of a bank. (8) Burden of establishing a fact means the burden of persuading the trier of fact that the existence of the fact is more probable than its nonexistence. (9) Buyer in ordinary course of business means a person that buys goods in good faith, without knowledge that the sale violates the rights of another person in the goods, and in the ordinary course from a person, other than a pawnbroker, in the business of selling goods of that kind. A person buys goods in the ordinary course if the sale to the person comports with the usual or customary practices in the kind of business in which the seller is engaged or with the sellers own usual or customary practices. A person that sells oil, gas, or other minerals at the wellhead or minehead is a person in the busine ss of selling goods of that kind. A buyer in ordinary course of business may buy for cash, by exchange of other property, or on secured or unsecured credit, and may acquire goods or documents of title under a preexisting contract for sale. Only a buyer that takes possession of the goods or has a right to recover the goods from the seller under Article 2 may be a buyer in ordinary course of business. (10) Conspicuous, with reference to a term, means so written, displayed, or presented that a reasonable person against which it is to operate ought to have noticed it. Whether a term is conspicuous or not is a decision for the court. Conspicuous terms include the following: (A) a heading in capitals equal to or greater in size than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same or lesser size; and (B) language in the body of a record or display in larger type than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same size, or set off from surrounding text of the same size by symbols or other marks that call attention to the language. (11) Consumer means an individual who enters into a transaction primarily for personal, family, or household purposes. (12) Contract, as distinguished from agreement, means the total legal obligation that results from the parties agreement as determined by [the Uniform Commercial Code] as supplemented by any other applicable laws. (13) Creditor includes a general creditor, a secured creditor, and any representative of creditors, including an assignee for the benefit of creditors, a receiver in equity, and an executor or administrator of an insolvent debtors or assignors estate. (14) Defendant includes a person in the position of defendant in a counterclaim, cross-claim, or third-party claim. (15) Delivery, with respect to an instrument, document of title, or chattel paper, means voluntary transfer of possession. * International trade law Includes the appropriate rules and customs for handling trade between countries. However, it is also used in legal writings as trade between private sectors, which is not right. This branch of law is now an independent field of study as most governments has become part of the world trade, as members of the World Trade Organization (WTO). Since the transaction between private sectors of different countries is important part of the WTO activities, this latter branch of law is now very important part of the academic works and is under study in many universities across the world. International trade law should be distinguished from the broader field of international economic law. The latter could be said to encompass not only WTO law, but also law governing the international monetary system and currency regulation, as well as the law of international development. The body of rules for transnational trade in the 21st century derives from medieval commercial laws called the lex mercatoria and lex maritima — respectively, the law for merchants on land and the law for merchants on sea. Modern trade law (extending beyond bilateral treaties) began shortly after the Second World War, with the negotiation of a multilateral treaty to deal with trade in goods: the General Agreement on Tariffs and Trade (GATT). International trade law is based on theories of economic liberalism developed in Europe and later the United States from the 18th century onwards. International Trade Law is an aggregate of legal rules of â€Å"international legislation† and new lex mercatoria, regulating relations in international trade. â€Å"International legislation† – international treaties and acts of international intergovernmental organizations regulating relations in international trade. lex mercatoria the law for merchants on land. Alok Narayan defines lex mercatoria as any law relating to businesses which was criticised by Professor Julius Stone. and lex maritima the law for merchants on sea. Alok in his recent article criticised this definition to be too narrow and merely-creative. Professor Dodd and Professor Malcolm Shaw of Leeds University supported this proposition. Contract: the elements of a contract The first step in a contract question is always to make sure that a contract actually exists. There are certain elements that must be present for a legally binding contract to be in place. The first two are the most obvious: * An offer: an expression of willingness to contract on a specific set of terms, made by the offeror with the intention that, if the offer is accepted, he or she will be bound by a contract. * Acceptance: an expression of absolute and unconditional agreement to all the terms set out in the offer. It can be oral or in writing. The acceptance must exactly mirror the original offer made. * A counter-offer is not the same as an acceptance. A counter-offer extinguishes the original offer: you can’t make a counter-offer and then decide to accept the original offer! But†¦ * A request for information is not a counter-offer. If you ask the offeror for information or clarification about the offer, that doesn’t extinguish the offer; you’re still free to accept it if you want. It is very important to distinguish an offer from an invitation to treat – that is, an invitation for other people to submit offers. Some everyday situations which we might think are offers are in fact invitations to treat: * Goods displayed in a shop window or on a shelf. * When a book is placed in a shop window priced at  £7.99, the bookshop owner has made an invitation to treat. * When I pick up that book and take it to the till, I make the offer to buy the book for  £7.99. * When the person at the till takes my money, the shop accepts my offer, and a contract comes into being. * Adverts basically work in the same way as the scenario above. Advertising something is like putting it in a shop window. * Auctions: * The original advertising of the auction is just an invitation to treat. * When I make a bid, I am making an offer. * When the hammer falls, the winning ‘offer’ has been accepted. The seller now has a legally binding contract with the winning bidder (so long as there is no reserve price that hasn’t been reached) An offer can be revoked at any time before it is accepted, so long as you inform the person you made the offer to that the offer no longer stands. * Consideration: each party to the contract must receive something of value.Consideration is the price paid for the other’s promise. There are four legal maxims that apply to consideration: * Consideration must move from the promisor; * Consideration need not move to the promisee; * Past consideration is not good consideration; * The consideration given must be sufficient, but it need not be adequate. Arrangements of a social nature are presumed not to be legally binding, whilse commercial arrangements are presumed to be intended as binding contracts. Of course, these presumptions can always be rebutted in court by producing evidence to the contrary. * Importance of Business Law It is essential to know about business law before starting a business, as it will help you operate your business without the hindrances of ignorance. It is better to seek the expert guidance of an accountant and an attorney to learn about the latest business laws that will affect your business.. There are different laws for different business entities. Be certain you learn about the business laws that govern the kind of business entity that you choose to start. The major types of businesses are C, S and closed corporations, limited liability companies, and sole proprietorships. Zoning Laws: It is essential to know about zoning laws, as certain zones are restricted in certain areas. It deals with the kind or type of business allowed in certain areas, how the land surrounding a business is used, signboards, advertisements, and parking. Licensing Laws: In order to operate a business certain licenses are required and there are some important business laws you need to know. If a business operates without these licenses, it is illegal and the business may be dissolved or forced to close. Trademark and Patent Laws: These are laws that deal with ownership; intellectual property rights, and inventions. They are necessary to protect the business. Employment Laws: These are laws regarding the hiring and firing of employees, their rights, compensation, safety, work place discrimination, child labor laws, overtime pay structure, disability laws and unemployment laws. Tax Laws: This section deals with filing of tax returns and depends on the kind of business entity and the state the business operates in, sales tax. These include franchise tax, income tax and other state and federal tax requirements of a business. These are very important business laws you need to know before starting a business. Environmental Laws: The government enforces the environmental laws for the discharge of hazardous waste and the recycling laws pertaining to the business. Health Department Permits: This is necessary if your business deals with food products. You must get health department permits to operate your business. Fire Department Permits and Air and Water Pollution Control Permits: There are laws that certain kinds of business entities must get permits from these departments to operate. The list above contains basic business laws you need to know before starting a company. It is necessary to take precautions that you are not violating any law by operating your business. You must obtain all the necessary permits and licenses from the appropriate authority.