Saturday, December 28, 2019
Great Ambition in Macbeth - Free Essay Example
Sample details Pages: 2 Words: 746 Downloads: 6 Date added: 2019/02/20 Category Literature Essay Level High school Topics: Macbeth Essay Did you like this example? Ambition, if genuinely pursued, can lead to many astonishing goals accomplished over a short period of time. Once we have our ambitions and progress further through them, we start to become blind of certain things we cannot see we are doing wrong. We start to have a narrow view of who we are and because youââ¬â¢re in your ââ¬Å"own little fantasyâ⬠, it is hard to see any of your imperfections, corruption, or mistakes. Donââ¬â¢t waste time! Our writers will create an original "Great Ambition in Macbeth" essay for you Create order Then, start to be in denial from people trying to correct us, tell us we are wrong for certain things, but we are so full of pride and integrity of our achievements we do not see these warnings as such, but we see it as just a ball of hatred, negativity, and envy. Until eventually all the this stress from this energy builds up and we take it out on the ones we love (or at least onced loved) or take it out on ourselves. Great ambition or lust for power ultimately bring ruin and evil can be disguised as something nice looking, blinding us from our degrading foundation until it makes us fall and not allowing us to see our mistakes or personal issues and take responsibility for those actions. Once a person has reached a point while pursuing an ambition (or already reaching the peak of them), they (most of the time) can never realize the people who helped them to get to that point, or more importantly who they came up with to reach those goals once their there. In Shakespeareââ¬â¢s tragic novel Macbeth, the character Macbeth could not remember the people who gave him the extra support to go through with his idea and ambition to become king. ââ¬Å"The, Vera 2 trusted home, might yet enkindle you unto the crown, besides the thane of Cawdor. But ââ¬Ëtis strange. And oftentimes, to win us the instruments of darkness tell us truths, Win us with honest trifles, to betrayââ¬â¢s in deepest consequencesâ⬠(Act 1, Scene 3). Banquo heard of the prophecies from the witches with Macbeth and although he saw that there could be consequences included in what the witches were saying, he still tried to help Macbeth and gave him moral support. Macbeth later ended up killing Ban quo, even though Banquo was always loyal and humble to him since the beginning when Macbeth took the throne. ââ¬Å"Come spirits that tend on mortal thoughts, unsex me here, and fill me from the crown to the toe top-full of direst crueltyâ⬠. Lady Macbeth was so proud of the good news from which Macbeth received from the witches that she started to ââ¬Å"possess demonsâ⬠(Act 1, Scene 5) (not only showing how loyal she was to Macbeth but as well as showing how evil she was) to be on their side so this prophecy could come true. It is hard for people to see their weaknesses or flaws once you have reached a certain point in your life, where they feel they have succeeded and reach the ambitions that make them happy. When people call others out for their flaws, peoples first instinct is to immediately try to defend themselves, but sometimes they cannot look in the mirror and see that is true for themselves. ââ¬Å"O treachery! Fly good Fleance, fly, fly, fly! Thou mayââ¬â¢st revenge O slaveâ⬠(Act 3 Scene 3). Here Banquo is killed by Macbeth, the effect that was provoked by Macbethââ¬â¢s own envy causes one of his most loyal companions to die at his hands, Macbeth not being able to see the wrong he is doing. As the tragic story develops more and more we see Macbethââ¬â¢s corruption increasing because no one steps in to tell him its wrong, building up his corruption and eventually making everyone fear him. ââ¬Å"O full of scorpions is my mind, dear wifeâ⬠(Act 3 Scene 2). At this point in the tragedy, Lady Macbeth could have told Macbeth he was wrong for Vera 3 his envy and that he should be proud Banquoââ¬â¢s sons would become kings, but instead she encourages these though ts, which is what leads to their ultimate demise. ââ¬Å"Avaunt, and quit my sight! Let the earth hide thee. Thy bones are marrowless; thy blood is cold; Thou hast no speculation in those eyes which thou dost glare withâ⬠(Act 3 Scene 5). Once again, Macbeth corruption and madness is revealed again in this scene but no one in the room does anything to help him, they feel scared and helpless under Macbethââ¬â¢s rule.
Friday, December 20, 2019
Cognitive Dissonance Theory - 1621 Words
Leon Festinger created the cognitive dissonance theory as an attempt to explain why people desire to have consistency between their behaviors and actions. Cognitive dissonance is the distressing mental state people feel when they find themselves doing things that donââ¬â¢t fit with what they know, or having opinions that do not fit with other opinions they hold (Festinger, 1957; as cited in Griffin, 2009). Thus, people are motivated to change either their behavior or their belief when feelings of dissonance arise. Dissonance is reduced using three mental strategies. Selective exposure is the strategy used before a decision is made. The premise of this strategy is to avoid information that is likely to increase dissonance. The secondâ⬠¦show more contentâ⬠¦The difference between condition one and three is that condition three allowed the participants to self-affirm after finding out their verdict was in disagreement with the other group members. Festinger argues that the lac k of choice adds consonant cognitions which reduce the overall amount of dissonance that otherwise would be experienced (Festinger, 1957, 1958; as cited in Matz Woods, 2005). Additionally, the opportunity to self-affirm strengthens self-worth and thereby reduces the dissonance created when peopleââ¬â¢s actions threaten their personal integrity (Simon, Greenberg, Brehm, 1995; as cited in Matz Woods, 2005). Thus, Matz and Woods hypothesize that dissonance will be reduced by the lack of choice and the opportunity to self-affirm. The results show low levels of discomfort in the lack of choice and self-affirmation conditions, providing an explanation of the kinds of strategies people use to reduce dissonance. Study three introduces an interpersonal strategy introduced by Festinger: changing oneââ¬â¢s own attitude to align with othersââ¬â¢ opinions (Festinger, 1957; as cited in Matz Woods, 2005). Building off of Festingerââ¬â¢s idea of changing oneââ¬â¢s attitude thre e conditions are used in this study. The three strategies used are: (a) changing oneââ¬â¢s own attitudes to agree with others in the group, (b) influencing others to change their opinion, and (c) joining a different, attitudinally congenial group. The end results showShow MoreRelated Cognitive Dissonance Theory Essay1027 Words à |à 5 Pages nbsp;nbsp;nbsp;nbsp;nbsp;The theory of Cognitive Dissonance states that when individuals are presented with information that implies we act in a way that contradicts our moral standards, we experience discomfort (Aronson, Wilson, and Akert, 1998, P. 191). This is considered Cognitive Dissonance, A psychological term used to describe mental conflict that occurs when beliefs or assumptions are contradicted by new information; arouses unease or tension; relieved by one of several defensive maneuvers:Read MoreCognitive Dissonance Theory Paper1375 Words à |à 6 PagesCognitive Dissonance Theory Paper 1 Cognitive Dissonance Theory Paper Psy 400 Axia Online Cognitive Dissonance Theory Paper 2 Introduction The cognitive dissonance theory has many possible scenarios and examples chosen throughout life. The theory will be either enhanced or decreased depending on a number of factors such as the personââ¬â¢s moral values, social upbringing, and social status at work, religiousRead MoreCognitive Dissonance Theory - Applications2122 Words à |à 9 PagesCONTENTS 1. Introduction 1.1. What is Cognitive Dissonance? 1.2. Cognitive Dissonance Phenomena 1.3. Ways to address Cognitive Dissonance 1.4. Significance 2. Project Statement 3. Methodology 3.1. Sample 3.2. Material 3.3. Procedure 4. Results 5. Conclusion 6. References 1. Introduction 1.1. What is Cognitive Dissonance? The cognitive dissonance theory was proposed by a famous psychologist Leon Festinger in the 1950ââ¬â¢s. The theory states that if a person holds two inconsistentRead More Cognitive Dissonance Theory Essay3265 Words à |à 14 PagesCognitive Dissonance Theory Leon Festinger shared his brilliance with the world when he, opposing all previous psychological behaviorist work, created the Cognitive Dissonance Theory. In his own words, he quickly sums up this quite complex theory: If you change a personââ¬â¢s behavior, his thoughts and feelings will change to minimize the dissonance (Groenveld, 1999, p.1). In order to decode this dense statement, we must first be aware that Festinger held to be true that humans have a deep abidingRead MoreThe Theory of Cognitive Dissonance Essay example877 Words à |à 4 Pages The theory of cognitive dissonance started as a very simple observation by Leon Festinger that people do not like to deal with inconsistency. This simple observation led to the development of a theory that became very controversial, and it would be this controversy that propelled the theory forward. Many years of research has led to many different ideas of what cognitive dissonance really is and why it actually occurs. Festinger developed the term cognitions while developing his theory on cognitiveRead More The Validity of Cognitive Dissonance Theory Essay2607 Words à |à 11 PagesDescription of Theory The term dissonance refers to when one cognitive element is inconsistent with another cognitive element according to the lecture notes of Professor Soreno. Cognitive elements can be categorized in four groups called beliefs, attitudes, values, and perceptions of behavior. Beliefs can be defined as a perception that something exists or not. This perception can range from a central or peripheral type of belief. The more central a belief is, the harder it is to change that beliefRead MoreLeon Festingers Theory Of Cognitive Dissonance1500 Words à |à 6 PagesThis essay will evaluate the presentation of Leon Festingerââ¬â¢s theory of cognitive dissonance in the world of social psychology. Throughout I will discuss the establishment of his theory, itââ¬â¢s supporting evidence and any limitations of this. I will also deliberate what it can explain and the alternative explanations presented by other psychologists; how they differ from Festingerââ¬â¢s, how they add to Festingerâ⠬â¢s original theory and finally how they extend the knowledge in understanding the interactionRead MoreAn Examination of Festingers Cognitive Dissonance Theory and Notable Modifications2030 Words à |à 9 PagesFestingers Cognitive Dissonance Theory and Notable Modifications Sometimes the greatest test of a theory is its longevity. Over time, some theories will be disproved, some will be modified, and some will become the basis for a whole new group of theories. Leon Festingerââ¬â¢s theory of cognitive dissonance has stood up to challenge for over forty years, and is considered by many to be the single most important theory of social psychology. Though there have been modifications to the theory afterRead MoreThe Cognitive Dissonance Theory ( Cdt ) Essay2141 Words à |à 9 PagesIntroduction This paper applies the principles of the cognitive dissonance theory (CDT) to the potential racial motivations of homegrown terrorists. Generally, the CDT rests on the premise that in a situation where one is faced with conflicting attitudes, beliefs, or behaviors, there is a need to restore harmony, with his or her pre-existing thoughts and ideas. In addition, this need for harmony can give rise to irrational and sometimes maladaptive behaviors in order to reinstate that balance (McleodRead MoreLeon Festinger s Theory Of Cognitive Dissonance1855 Words à |à 8 PagesLeon Festinger s theory of cognitive dissonance (1957) sets its meaning on the theory that behavior does not support the attitude or vice versa. At many times individuals see themselves experiencing this phenomenon, so in order to reduce this dissonance, either the attitude or the behavior needs to be altered or changed. A perfect example would have to be when a white person says that black and whites are all the same y et he/she would not want to live in a neighborhood with the majority of the population
Wednesday, December 11, 2019
Edocs Inc free essay sample
A no shop clause is common primarily in MA and private equity transactions and prevents the seller or investee/entrepreneur from looking for another bidder/investor- the reason for the inclusion of a no shop clause is that a buyer or investor plans to spend considerable time and resources conducting due diligence and does not want to run the risk of losing the deal or getting out-bid, hence the prevention from ââ¬Å"shopping around. â⬠CRV realizes that this is a hot market (VC commitments 21% CAGR for last 5 years) and that edocs represents a unique, high growth/return potential investment and wants to secure the deal for itself. CRV knows that edocs could take their term sheet and try to get other VCs to outbid/offer better terms to edocs and CRV wants to avoid a bidding war which would drive up the valuation (cost) and reduce CRVââ¬â¢s stake. This is also an important transaction for CRV, particularly for Jonathan Guerster, as this is his first VC transaction for CRV, so he wants to be sure he will not lose the deal. The CRV term sheet signifies instant certification and validation of the edocs business plan and investment opportunity- a no shop clause was necessary for CRV in order to hook in edocs without the fear of needing to enter a bidding war with another VC. However, from edocs perspective, there are both pros and cons to the no shop clause: The benefits for edocs include: ? Higher valuation, CRV term sheet acts as certification for the edocs opportunity and hence VCs will be willing to pay more to seal the deal on a high potential/lucrative deal; a higher valuation will mean that the founders will keep more of the company; which is also good for interest alignment/motivation; ? Renegotiation of key terms in favor of edocs the CRV term sheet would represent the best, most investor friendly option, thus any subsequent offer will need to adjust the terms to be more entrepreneur/edocs friendly or else they wonââ¬â¢t get the deal- / minimum offer to edocs- opening up the bid, especially in a hot market such as 1998 could shift the bargaining power to edocs Cons for edocs: May not get additional bidders: edocs has spent months trying to find investors and they run a significant risk if they decide to shop around and in the end do not end up with any financing- time to market/first mover advantage is critical; Negative signaling- the fact the edocs would dump the first, highly credible/experienced investor interested in their business could be a sign to other VCs of the quality and commitment of the sponsors- such an act of defiance could make other VCs questions whether putting up a competing bid would be worth their time- they would not want to get far in the negotiations only to have edocs sell out the first offer they are given; Inability to raise full amount: While $2M may be easy to raise, it may be more difficult to find one investor willing to put in $4M; edocs may even have to try to negotiate with 2 or more parties and that may make the entire negotiation much more difficult and would put edocs in an even worse bargaining position; CRV has an excellent network from which to source the $2M and is able to put up the full $4M if need be. If edocs thinks they can renegotiate some of the stickier/more sensitive elements of the term sheet with CRV then it would be beneficial to allow the no shop clause- this would enable them to access much needed funding quickly when timing to market is crucial. The deal on the table would still leave majority control with the founders. On the other hand, if edocs does not think it can renegotiate key terms then it should not accept the no shop clause. I would advise edocs to accept the no shop clause but narrow the time window (i. e. 20-30 days max) so that CRV will need to act fast in its due diligence and come quickly to a conclusion so that if negotiations do deteriorate then edocs can, without having lost too much time, go back to the market and try to find another financier- in this way they can accept the term while putting pressure back on CRV to make good on/improve the deal on the table. 2. What was the most contentious negotiating point (see Exhibit 7)? Why? Guerster (CRV) on one hand proposes a financing round of $4M against the issuance of Series A Convertible Preferred Stock (CPS). CRV would make an investment of $2M and in line with their general financing model, CRV will also search for one other top-tier venture firm to put in the remaining $2M. However, if no venture firm appears to be willing to put down the $2M, CRV will close the gap. As remuneration for the additional direct financing, CRV does require 500,000 of warrants (exercisable at $0. 10 per share, duration of 3 years) for common shares in addition to the Series A CPS. Although the edocs idea sounds very profitable, CRV is also taking a huge risk with this venture investment. If no other investor is convinced of the potential of the edocs business model, CRV will suffer financial damage. First of all, CRV would need to come up with an additional $2M and the news about this failed collaboration will also damage the edocs investment. Therefore, CRV will argue that it needs some measure of compensation for such damages. In addition, CRV could argue that the idea behind the syndication is to give the investment company (edocs) access to a diverse network and to provide a stronger financial syndicate. So in fact, CRV has the best interest of the portfolio company in mind. Edocs, on the other hand, will argue that CRV, based on the firm valuation, has proposed an investment amount and that CRV should also be responsible for raising the funds. There is no justifiable business reason for penalizing the founders if CRV is not successful in finding a syndicate partner. The founders would not want to bear the risk and the costs of CRV not finding a co-investor. It is not likely that edocs will accept this warrant arrangement, especially since the VC market is booming. The founders even have an offer for their company readily waiting for them back home. Guerster on the other hand will be conservative in his negotiations on behalf of CRV. First of all, Guerster is taking a huge reputational risk with this investment. Secondly, Guerster is a new recruit at CRV and will not want to take big risks for his first deal. He needs to close the deal in a way that CRVââ¬â¢s interests are best secured. 3. What are the most important terms for edocs (Kevin Laracey)? Below is an overview of the most important terms for edocs: Valuation CRV was offering a $10. 5 M valuation for edocs. Considering the increase in the venture investments, Laracey had to make sure that edocs was taking advantage of the competition between VCs while maintaining edocsââ¬â¢ first mover advantage. CRV had after all identified two of edocsââ¬â¢ competitors Just-in Time Solutions (JITS) and Bluegill as a potential investment target so Laracey did not have too much time to negotiate. CEO Position The proposed documents mention that CRV intends to hire a new CEO to run edocs. However, Kevin Laracey clearly wants to stay in charge of edocs operations. Laracey, together with Canekeratne, has developed the innovative idea behind the edocs software product and business model. Both guys have invested their personal savings in developing product in the early stage. Furthermore, Laracey has initiated some strategically important developments for edocs. As an example, Laracey arranged a partnership agreement with CheckFree which was a leading provider of electronic payment and bill presentment services. Following this agreement, Laracey signed a Technology Partnership agreement with CyberCash, the leading provider of technology that enabled secure payments over the internet (credit card/checking account). This strategic partnership enabled the recipients of online bills (edocs generated messages) to make the payments online with just a click on a button. Laracey early on recognized that this would be an important service for future clients of edocs. Taking into account the technical knowledge, industry experience, the commitment and the dedication to develop edocs into a large and successful company, it is understandable that Laracey was not willing to step aside at this stage. After all the hard work in bringing an idea into life, Laracey wants to bring the company to the next level, at least until his limited managerial experience are no longer sufficient to run edocs. Board of Directors (BOD) As regards the composition of the BOD, two issues are of importance for the founders of edocs. The current draft term sheet first of all appoints only one of the founders as a board member. CRV would have two representatives on the board of directors and two outside directors would be appointed after approval by both parties. Before appointing a new CEO by CRV, the BOD would therefore consist of five board members with only Laracey as the representative of the founders. Considering their equity position and their involvement in the company, edocs founders would require a more strong representation on the board. We can imagine that edocs would like to appoint one of the founders as the chairman of the BOD. Secondly, the above described composition of the BOD excludes Canekeratne from a position in the BOD. It is very important for Laracey that his partner from the very first beginning of edocs has a seat on the BOD. First of all, Canekeratne has co-invested in the development of the edocs software and he has served as a key technical advisor to the edocs team. In addition, Canekeatne and his family have helped to facilitate the off shore development of edocsââ¬â¢ software by giving access to software development personnel in Sri Lanka (family had a company in Sri Lanka). Vesting schedule CRV has proposed a vesting schedule of 48 months for the foundersââ¬â¢ options (total of 1. 5M). The proposed vesting scheme stipulates a 12-month cliff and linear vesting thereafter. The foundersââ¬â¢ shares would vest for 25% on closing and with a linear vesting of 36 months for the remainder shares. Considering the quality and the experience of the founding team, CRV does not want to run the risk that the founders will leave with their equity position after the investment. Laracey feels that vesting of the founder shares is as a signal of mistrust. The founders have already incorporated edocs, Inc. and already own an equity stake in the company. The edocs founders do not want to be tied down by CRV. The founders are already committed to the product and to the company and they are not planning to leave the company. The founders do not need a vesting scheme to stay motivated and committed to the company. Warrants This first financing round against the issuance of Series A Convertible Preferred Stock is for a total amount of $4M. CRV would make an investment of $2M and in line with their general financing model, CRV will also search for one other top-tier venture firm to put in the remaining $2M. If no venture firm is willing to co-invest, CRV will close the gap of $2M. For this additional direct financing, CRV request for 500,000 of warrants (exercisable at $0. 10 per share, duration of 3 years) for common shares. The founders want to protect and maintain their equity stake in the company. This warrant scheme will chip away from their equity position and give CRV cheap warrants. The founders will not want to bear the risk of CRV not finding a co-investor. Anti-dilution and Right of first refusal Anti-dilution provision allows investors to maintain their equity position in the company in light of subsequent equity issances. In case of a weigthed average basis, there is a re-pricing of the investorsââ¬â¢ shares in the event that the subsequent stock issuance is at a lower price. In such an event, the conversion price is reset based on an average of all the prices at which the company has sold stock. edocs, a company in its start-up phase, will consider this instrument as an impediment to future financings. In addition to the general anti-dilution provision, CRV proposes a ââ¬Å"pay to playâ⬠provision. Based on this provision, stockholders are required to participate in subsequent stock offering in order to benefit from the antidilution protection. Edocs could request removal of this harsh provision since it could scare away future minority investors. Similar to a call option, the investor wants to secure that in the event that one of the founders decides to sell their shares, an offer is made to the investors. This does mean that the founders will have limited freedom to choose future investors in the edocs company. This limited flexibility is worriesome for the founders. However, our recommendation would be to use this provision as small change in their negotiations with CRV. 4. What are the most important terms for Charles River Ventures (Jonathan Guerster)? CRV, i. e. Jonathon Guerster is aware that the market conditions are dictating the need for CRV to act quickly. This is the reason why CRV offered the term sheet right at their initial presentation. Valuation Considering the stage of the product development, the very ambitious business plan and some of the amounts raised by the comparable firms, post money of $10. 5M seems fair from the CRV side. Also, CRV has committed to finance $2M and to shop for another $2M investor for 45 days. Guerster has canvassed bill presentment solution companies and knows that edocs is a possible star, but since heââ¬â¢s a newcomer in CRV and his reputation is at stake, heââ¬â¢s trying to acquire some cheap equity through warrants, rather than, as heââ¬â¢s trying to present to Laracey, a buffer for unsuccessful co-investor search. Laracey as future CEO CRV wants to keep the right to hire a new CEO according to the proposed board representation structure. Laracey has indeed ambition to stay in charge, he has organized and developed with Canekeratne the online billing and payment solution and strategically directed the company by signing several win-win partnership agreements. But at that point, Laracey didnââ¬â¢t have much senior managerial experience, was 33 years old and had no experience in dealing with VCs. If CRV is not satisfied with the work done by Laracey, they want to have an option to place someone more adequate for this position. Antidilution CRV is not demanding a ratchet provision, but instead more company-friendly weighted average provision, but in the same time insisting on a pay-to-play provision. CRV wants to protect itself since edocs will need syndication in subsequent financing rounds, and CRV preference is to act as lead investor, but since in the draft term sheet is not defined how the pay-to-playâ⬠provision is going to be restructured, it could range from losing some of the preferential features (participation rights, voting rights, all or a portion of the liquidation preference etc) to complete loss of all preferential rights. Right of First Refusal/Right of Co-Sale It is important for CRV to have a right to participate in any subsequent equity financing either through option of first offer (RoFR) or right to co-sale its shares along with shareholders of Common or equivalent- this prevents dilution, and potential to acquire more of the company, if things go well, and the freedom to sell, if things go poorly. 5. Why would edocs ask for a second term sheet from CRV? If no, why not? If yes, which terms should bechanged in the second term sheet? Taking into account that edocs has just finished its product development stage and given the state of the VC market, it is legitimate for edocs to ask for second term sheet. Adjusted provisions should include: ? Higher valuation. Favorable market conditions, admitted by Guerster himself, are pushing valuations upwards. Strategically, CRV left some wiggle room if it gets into the bidding war for edocs, so Laracey and the rest of the team could hammer out better valuation by shopping the deal to other VCs. Otherwise, the issuance of warrants, stock options, buy-back provisions or other earn in options could sweeten the deal for edocs founders. ? Expulsion of warrants as a method of compensation. The responsibility for not finding a co-investor should lie solely on CRV, and not on edocs and thatââ¬â¢s why itââ¬â¢s unacceptable for edocs to give up of 5% shareholding for $50,000. ? Give Laracey a proper chance. Edocs should fight for itââ¬â¢s CEO, since he has showed already outstanding results, and CRV should give him a chance to manage a company.
Wednesday, December 4, 2019
Harassment under Irish Criminal Law-Free-Samples for Students
Question: Discuss about the Crime of Harassment under Irish Criminal Law with reference to existing Legislation. Answer: The Law Reform Commission in its report on Harmful Communications and Digital Safety discusses reform in the field of criminal law with respect to harmful digital communications. The report recommends reforming of harassment offence stipulated under section 10 of the Non-Fatal Offences against the Person Act 1997[1]. This current legal framework governs the offences amounting to harassment by any means. However, this provision does not mention any specific reference with respect to harassment by the online or digital means that is essential to ensure that this form of harassment is included in the harassment offence[2]. The Commission also talks about introducing a particular stalking offence in the context of digital and online stalking, to be included within the harassment offence. This essay discusses about the deficiency in the present legal framework that governs harassment law in Ireland. It also entails the reasons that make it necessary to expand the harassment law by encompa ssing a distinct offence of stalking and indirect forms of harassment into the framework of harassment law dealt under section 10 of the statute. According to section 10 of the Non-Fatal Offences against the Person Act 1997, any person who, without any legal authority harasses another person by using any means including telephone, or continuously watching, following, besetting or by communicating with such person shall be considered as guilty. This section has been derived from a recommendation made by the Commission in the 1994 Report on Non-fatal Offences against the Person [LRC 45-1994, paragraph 9.77]. It was stated that any act of harassment that results in serious interference with a right of another person to lead a personal and peaceful life should be included in the criminal law instead of the facts that gives rise to the fear of violence that are otherwise, covered by the offence of coercion. It is an essential requirement of the statutory provision stipulated under section 10 of the Act that the words watching, following, pestering, communicating, besetting must be established to be continuous in nature. It is important for these conduct to be persisting in nature as these conducts under section 10, are otherwise considered lawful acts and it only amounts to an offence, when such act is continuously repeated to such extent that it is interfering with the privacy and peace or causes harm or distress to the other person[3]. According to Gillespie (2006), the term persistently had been construed in a manner that was independent of any specific number of incidents or any time frame within which such incidents had occurred. While a single prolonged act may satisfy the requirement for persistence, separate incidents, which are not delayed, should not amount to criminal liability under section 10 of the Act. In Director of Public Prosecutions (ODowd) v Lynch [2008][4], the accused was convicted under section 10 of the statute for continuously committing sexual exposure in front of two children, amounting to harassment offence. The Court held that the fundamental requirement of persistence under section 10 is continuous behavior that may include either several incidents or a single incident, but continuous incident that has a prolong effect. The penalties stipulated under section 10(6) of the statute imposes upon the offender imprisonment and/or fine for a term not exceeding 12 months on summary conviction and conviction for 7 years on accusation. In addition, the court may issue an order restraining the defendant from communicating with the harassed person and maintain certain distance from the residence or employment of such harassed person. In regards to the deficiencies existing in the present legal framework governing harassment laws, the necessity to expand the statute to include indirect harassments forms and stalking as a separate offence is based on the following arguments. As per section 10 of the 1997 of the Act, it can be applied to several forms of harmful internet behavior, which includes harassment, by digital or online means as it entails that harassment may be carried out by any means including telephone. Ashworth (2013) states that as per the harm principle, serious conducts that amounts to harassment shall be subjected to criminal law[5]. Harassment by means of online or digital communication is equally serious as offline harassment and it can be even more harmful, given the specific features of digital communications. Digital communications can be numerous, instant and have the capability to reach out to the global audiences or be permanently available. Further, harassment by online means cam also has an unavoidable quality, which enables the victim to become a target due to the internet-connected devices such as Smartphone. The potential for harassment by online or digital means is to cause significant harm, which results in substantial psychological harm and even suicide. In the words of Ormerod (2015), section 10 of the Act already encompasses harassment by digital or online means as it is applicable to harassment by any means and has already been applied in certain online harassment cases. However, harassment by online or digital means is often not reported, hence, under-prosecuted which suggests that this section fails to such prevent such conduct[6]. The child or an adolescent are the ones who fear the most to report about cyber-bullying incidents due to the fear that their own internet access or devices may be taken away from them or that they understand the technology better than pre-digital era adults. There have been several debates over amending section 10 of the statute to include a specific reference to harassment offences by online or digital means. This amendment would enhance reporting of harassment by the online or digital means and may prevent or change such behavior. The inclusion of specific reference to harassment by online means in the section 10 of the Act shall provide certainty and clarity to those who have been conferred with the responsibility to interpret the section. It would further lay much emphasize on the seriousness of harassment that is caused through online or digital and the legal intolerance to such conduct. Furthermore, such inclusion of online harassment should be accompanied with proper guidance that should be given to the law enforcement to ensure that such inclusion does not lead to disproportionate criminalization of young people[7]. Since the provision under section 10 of the Act is adaptable to various scenarios, any attempt to specify the means through which such harassment should be made by considering the risk that may arise when future technological advancement shall not be encompassed by the words of the statutory provision. However, Reilly (2017) dissented with the suggestion that this section should be replaced on the ground that the section is already applicable to harassment offences committed any means; hence, such amendment is not necessary[8]. He asserted that instead of replacing such provisions, it is better to promote public education and engagement to ensure that the public has sufficient knowledge about the scope of section 10 of the statute. Moreover, the issue related to section 10 is the ineffective enforcement of the section and not the wording of the statutory provision. Nevertheless, the Law Commission asserted that it is necessary to include harassment offences by online or digital means is necessary, as it would clarify the scope of the offence similar to specification of the term telephone included in section 10 of the Act which would further enhance the reporting of harassment incidents. This explicit identification of offences amounting to harassment by online or digital means in the legislation shall signify a wider harassment offence form that would highlight societys recognition of the need and seriousness of such form of harassment offence and prevent occurrence of such offence[9]. However, it is also necessary to enhance public awareness regarding the capacity of harassment offence that is to be applied in online harassment cases and provide the police officials with the guidance to deal with such offences. Further, the mention of the term telephone under section 10 of the Act without mentioning any other forms of electronic communication does not make the provision complete. Thus, the inclusion of digital harassment offence in the statutory provision stipulated under section 10 of the Act shall clarify the words of harassment offence. It would also correctly identify the conduct that is covered by the offence ensuring digital or online, as a means of harassment does not remain a hidden form of harassment under section 10 of the 1997 Act[10]. Therefore, the Commission recommends that section 10 of the Non-Fatal Offences against Person Act 1997 should be replaced and repealed with a harassment offence that is expressly applicable to harassment by all forms of communication including online and digital communications such as internet or social media. He further recommended that the amended provision must include definition of communication in the legislation that would entail any form of communication. In regards to indirect forms of harassments, it is recommended that it should also be considered equally serious offence. Indirect forms of harassments include continuous harmful communications made through social media sites, email or other online and digital means regarding a particular person to third parties, but such communication takes place indirectly. There is a gap in the Irish law with respect to indirect harassment as the Act of 1997 specifically with direct communications with the concerned persons and it deals less with communications about someone, hence, it does not have a broad interpretation. According to Ormerod (2015), this deficiency can be met by amending the harassment offense to include harassing communication with any person instead of any target of such harassing behavior. In the online context, it would clarify that it is a criminal offense to post any harassing communications on a public medium or to send digital communications to any third party, which mig ht result harmful to the victim as was held in R v Debnath [2005][11]. According to section 10 of the Irish Act of 1997, the accused must be engaged in watching, besetting, communicating and pestering with the victim to establish the fact that the accused is guilty of committing direct harassment offense. The requirement to communicate with the victims would imply that it is unlikely that section 10 could be interpreted while dealing with cases involving indirect activities[12]. Hence, under indirect form of communication, the offending communication is sent to third parties instead of the offender, it may not amount to communication to victim. The language used in the section shall exclude indirect type of behavior and harmful messages posted on a private social media page are not covered by section 10 of the Act. Indirect harassment is included in the English Protection from Harassment Act 1997 as it defines harassment in more general terms compared to section 10 of the Act. This is because it criminalizes the engagement in the course of conduct that is not necessarily against the victim but it constitutes harassment of the victim. Therefore, the Commission believed that inclusion of indirect harassment in the provision stipulated under section 10 of the Act is necessary and would not make a fundamental change to the harassment offence as the direct relation between the victim and the perpetrator shall be retained with the inclusion. However, such behavior must interfere with the privacy and peace or cause harm to the victim to satisfy the requirement to establish that such person has committed harassment offense[13]. In regards to the inclusion of distinct and separate offence of stalking, the offence of harassment is often described as stalking. Stalking is commonly defined as a procedure that cannot be distinguished from harassment. Stalking can be define as the practice, action or crime of persecuting or harassing a person following an obsessive, unwanted and usually threatening attention for continuous period of time. It is best comprehended as an aggravated form of harassment. The Law Commission concluded that stalking should be included under section 10 of the Act. Cyber-stalking includes relentless pursuit of the victim online and is often combined with an offline attack. Although stalking is described as a form of harassment, there is an argument regarding whether it should deserve a specific recognition. The Commission considered in its 2013 Report stated that the scope of offence harassment is adequately broad to include behavior that is known as stalking in colloquial language. In interpreting section 10 of the Act, the Commissioner asserted that majority of the section encompasses stalking kind of behavior. The Commission felt that introducing a specific form of stalking offence shall unnecessarily complicate the interpretation of the statutory provision and result in duplication of criminal law. However, the Commission decided to deal with the issue relating to whether stalking through online or digital means be incorporated as a specific and distinct offence[14]. In Northern Ireland, legal cases related to stalking are prosecuted under the harassment offences in section 4 and 6 of the Protection from Harassment (Northern Ireland Order 1997). However, in Ireland, the introduction of stalking as a specific offence has been suggested given the experiences of England and Wales and Scotland. According to Hanly (2013), identifying stalking as a specific and distinct offence in Ireland would be advantageous and significance for victims of stalking owing to the hidden nature of crime as well as the serious nature of such crime in comparison to the offense of harassment. The incorporation of stalking in legislation instead of its inclusion within the wide-ranging offence of harassment would enable to underline the various and more menacing character of such crime. This led the Commission realize that stalking as a distinct offence should be introduced as a separate offence from the harassment offence. However, the Commission considered the amended elements of harassment offense as essential ingredients of a stalking offence, that is, a stalking offence shall be committed where a person stalks another person continuously by communicating through online or digitally or by communicating information about one person to another person. Further, the person must have interfered with the peace and privacy of another person persistently, intentionally and have caused distress or alarm to such person, which any prudent person would comprehend as an interference with privacy and peace of another person[15]. Therefore, the only distinction between an offence of harassment and the offence of stalking is that in case of the latter, the accused must act recklessly or intentionally or have caused any form of distress to the concerned person, thus interfering with the privacy or peace of the victim. This additional requirement should be fulfilled to meet the stalking offence and to distinguish it from the offence of harassment. The offence of stalking shall include same penalty as the offence of harassment[16]. From the above discussion, it can be inferred that digital communication and internet advancements and other dangerous ways which may hinder individual privacy. The digital or online world exposes the vulnerable individuals to severe privacy violations by way of posting false, shameful, private, shameful or harmful content with the help of social media sites. The harm that is caused to the person against whom such content is posted online as such information spread instantly and reaches out to global audiences. Such interferences with the private life of an individual might have a significant impact upon the psychological and mental health of such individual. Therefore, it is essential that the issues of the victims should be addressed effectively and the government should ensure that the privacy of individuals is appropriately safeguarded. Reference List Allen, Michael.Textbook on criminal law. Oxford University Press, 2013. Ashworth, Andrew, and Jeremy Horder.Principles of criminal law. Oxford University Press, 2013. Child, John, and David Ormerod.Smith Hogan's Essentials of Criminal Law. Oxford University Press, USA, 2015. Commission Report on Non-fatal Offences against the Person 1994 [LRC 45-1994, paragraph 9.77] Conway, Vicky, Yvonne Daly, and Jennifer Schweppe.Irish criminal justice: Theory, process and procedure. Clarus Press, 2010. Director of Public Prosecutions (ODowd) v Lynch [2008] IEHC 183 Ellison, Louise, and Yaman Akdeniz. "Cyber-stalking: the Regulation of Harassment on the Internet."Criminal Law Review29 (1998): 29-48. Finch, Emily. "Stalking: A violent crime or a crime of violence?."The Howard Journal of Crime and Justice41.5 (2002): 422-433. Geach, Neal, and Nicola Haralambous. "Regulating harassment: is the law fit for the social networking age?."The Journal of Criminal Law73.3 (2009): 241-257. Gillespie, Alisdair A. "Cyber?bullying and harassment of teenagers: The legal response."Journal of Social Welfare Family Law28.2 (2006): 123-136. Hanly, Conor.An introduction to Irish criminal law. Gill Macmillan, 2006. Lacey, Nicola, Celia Wells, and Oliver Quick.Reconstructing criminal law: text and materials. Cambridge University Press, 2003. Non-Fatal Offences against the Person Act 1997 O'Connell, Michael. "Is Irish public opinion towards crime distorted by media bias?."European Journal of Communication14.2 (1999): 191-212. O'Mahony, Paul, ed.Criminal justice in Ireland. Institute of Public Administration, 2002. Ormerod, David, et al.Smith and Hogan's criminal law. Oxford University Press, USA, 2015. R v Debnath [2005] EWCA Crim 3472 Reilly, Adrienne, and Tim Moore. "Incidence and Prevalence of Stalking in Northern Ireland." (2017). Reilly, Adrienne. "Legislative Position on Stalking and Relevant Statistics in the UK and the Republic of Ireland." (2017). Non-Fatal Offences against the Person Act 1997 (section 10). Geach, Neal, and Nicola Haralambous. "Regulating harassment: is the law fit for the social networking age?." The Journal of Criminal Law 73.3 (2009): 241-257. Hanly, Conor. An introduction to Irish criminal law. Gill Macmillan, 2006. [2008] IEHC 183. Ashworth, Andrew, and Jeremy Horder. Principles of criminal law. Oxford University Press, 2013. Conway, Vicky, Yvonne Daly, and Jennifer Schweppe. Irish criminal justice: Theory, process and procedure. Clarus Press, 2010. Gillespie, Alisdair A. "Cyber?bullying and harassment of teenagers: The legal response." Journal of Social Welfare Family Law 28.2 (2006): 123-136. Ellison, Louise, and Yaman Akdeniz. "Cyber-stalking: the Regulation of Harassment on the Internet." Criminal Law Review 29 (1998): 29-48. Allen, Michael. Textbook on criminal law. Oxford University Press, 2013. Reilly, Adrienne, and Tim Moore. "Incidence and Prevalence of Stalking in Northern Ireland." (2017). [2005] EWCA Crim 3472. Reilly, Adrienne. "Legislative Position on Stalking and Relevant Statistics in the UK and the Republic of Ireland." (2017). Child, John, and David Ormerod. Smith Hogan's Essentials of Criminal Law. Oxford University Press, USA, 2015. Child, John, and David Ormerod. Smith Hogan's Essentials of Criminal Law. Oxford University Press, USA, 2015. Ormerod, David, et al. Smith and Hogan's criminal law. Oxford University Press, USA, 2015. Reilly, Adrienne, and Tim Moore. "Incidence and Prevalence of Stalking in Northern Ireland." (2017).
Thursday, November 28, 2019
A Comparison of the Segmentation, Targeting, and Positioning Strategies of Nivea Beiersdorf in the UK and Thailand Essay Example
A Comparison of the Segmentation, Targeting, and Positioning Strategies of Nivea Beiersdorf in the UK and Thailand Essay Example A Comparison of the Segmentation, Targeting, and Positioning Strategies of Nivea Beiersdorf in the UK and Thailand Paper A Comparison of the Segmentation, Targeting, and Positioning Strategies of Nivea Beiersdorf in the UK and Thailand Paper Apart from the operating procedures being done by the Nivea Beiersdorf joint, the need for an efficient analysis of the marketing plans employed the multinational firm is important for the success of its operations in the United Kingdom and Thailand. Both countries exhibit a different set of cultures, as well as a varying array of demographics which greatly affects the STP strategies being used by any company who wishes to successfully penetrate both markets (Kotler, 2003). Nivea Beiersdorf has its foothold in Europe and penetrating the British Market would not be that hard given that the cosmetics and lifestyle company has been there for about sixty years. Nevertheless, the company presence in Thailand, given its totally different demographics than that of the UK, as well as its highly competitive cosmetics market would pose as a challenge in the positioning strategy of Nivea Beiersdorf (2007). The STP strategies to be utilized for both countries should be analyzed with utmost considerations. These considerations will in turn fall under three main parts: the concentrated, undifferentiated, and the differentiated strategies (Kotler, 2003). Concentrated Strategies Under this type of marketing strategy, the company, Nivea Beiersdorf needs to concentrate its resources within specific market segments of the UK and Thailand (2006c). With this in mind, the firm needs to determine which segment of the two different markets have the better need of market penetration strategies. Although Thailand has a grater need of marketing penetration strategies since Niveaââ¬â¢s presence there is recent and the market growth is more competitive as compared to that of the British market, the concentrated strategy can be more efficiently is used in the British market since the company has been there for quite long. Under this type of marketing strategy, competition is currently recognized and small to medium-sized firms which offer the same marketing mix like Marks and Spencer have the capability to compete with the company given that Nivea Beiersdorf was already able to position itself above the cosmetics market as a premiere cosmetics company. On the other hand, the concentrated targeting strategy being employed by Nivea Beiersdorf in the UK is more on the maintenance and improvement of the market share in the country as well as coping up with the market growth factors that are involved (Kotler, 2003). Undifferentiated Strategies Along with the current concentrated strategies used by Nivea Beiesdorf in the UK and Thailand, under the undifferentiated strategy, the company positioning is not much taken seriously in the UK out of the already established reputation and is more concerned on the savings that the company could achieve. However, this target marketing strategy can be best employed in the Thai market out of the high level of nationalism of the locals towards their local products. Using this specific strategy, Nivea has to position itself as a local brand yet of foreign origin. That is, Nivea will have to establish itself as a product that is not much different from the local ones. This specific strategy is currently being employed by the company to date with a local factory as well as local employees being employed. This way, appreciation of the products of the company is simplified and savings on marketing can be used for other purposes. Although, this type of strategy is more susceptible to competiti on, the right amount of company vigilance of the Thai demographics must be carefully monitored (Kotler, 2003). Differentiated Strategies Under this type, the company is producing several types of products that would specifically cater to the needs of the different market segments present in both countries. A specific example of this is the range of products offered by Nivea aside from the usual white cream up to sun tan lotions, body sprays, etc. The targeting strategies being used here is a product based on the thorough analysis of the demographic factors that are present in the UK and Thailand. For example, the British market is composed of a high adult market segment with a high disposable income (2006b). The range of products to be developed for them suits the characteristics of this particular domain. On the Thai market on the other hand, there are a lot of the housewife segment with a middle-sized income who is obsessed with having white skin, hence, a different set of product offerings ought to be made for them (2006a). Company positioning therefore can be dictated by the product offerings that will be utilized by the company.
Sunday, November 24, 2019
Amphoteric Oxide Definition in Chemistry
Amphoteric Oxide Definition in Chemistry An amphoteric oxide is an oxide that can act as either an acid or base in a reactionà to produce a salt and water. Amphoterism depends on the oxidation states available to a chemical species. Because metals have multiple oxidation states, they form amphoteric oxides and hydroxides. Amphoteric Oxide Examples Metals that display amphoterism include copper, zinc, lead, tin, beryllium, and aluminum. Al2O3 is an amphoteric oxide. When reacted with HCl, it acts as a base to form the salt AlCl3. When reacted with NaOH, it acts as an acid to form NaAlO2.Typically, oxides of medium electronegativity are amphoteric. Amphiprotic Molecules Amphiprotic molecules are a type of amphoteric species that donate or accept H or a proton. Examples of amphiprotic species include water (which is self-ionizable) as well as proteins and amino acids (which have carboxylic acid and amine groups). For example, the hydrogen carbonate ion can act as an acid: HCO3âËâà OHâËâà ââ â CO32âËâà H2O or as a base: HCO3âËâà H3Oà ââ â H2CO3à H2O Keep in mind, while all amphiprotic species are amphoteric, not all amphoteric species are amphiprotic. An example is zinc oxide, ZnO, which does not contain a hydrogen atom and cannot donate a proton. The Zn atom can act as a Lewis acid to accept an electron pair from OHâËâ. Related Terms The word amphoteric derives from the Greek word amphoteroi, which means both. The terms amphichromatic and amphichromic are related, which apply to an acid-base indicator that yields one color when reacted with an acid and a different color when reacted with a base. Uses of Amphoteric Species Amphoteric molecules that have both acidic and basic groups are called ampholytes. They are primarily found as zwitterions over a certain pH range. Ampholytes may be used in isoelectric focusing to maintain a stable pH gradient.
Thursday, November 21, 2019
France Nationalism Essay Example | Topics and Well Written Essays - 2500 words
France Nationalism - Essay Example n the late 18th century, tracing back to events like the French revolution (Smith 3-7) Nationalism in France relates to among other things, the nationââ¬â¢s growth process, feeling of belonging among the citizens, political and social movements on its behalf and the general and particular doctrine of France being nation (Stovall & Van 33-191). Nationalism emerges in two categories with that of France being civic in nature besides demonstrating some unique and special features. Nationalism in the nation emerges in different phases with the present and past trends sharing some similarities while also exhibiting differences. Moreover, the negative and positive impacts of the concept which hinges extensively on the French revolution are widespread. Among the impacts institute economic changes in France. Further, there exist future prediction of the economy and other facets of French nationalism being among the frequently discussed subjects in the nationââ¬â¢s history. Nationalism in France is a factor that incessantly grows. The process is social and political in nature just as the chase is in other parts of the globe. This manifests in the involvement of political entities in the espousal of the standpoints of the Political Party National Front. This is in line with the partyââ¬â¢s growing popularity. According to the article, ââ¬ËFrance: The Growing Popularity of Nationalismââ¬â¢ (n.p), this movement reflects on the ideals of the party which point to the failure of multiculturalism. Moreover, the incursion of immigrants also continues to put at risk the traditional secularism nature of the nation. According to Fraioli (pp. 55-71), French nationalism is a factor of the struggles of Joan of Arc whose reference to her supporters as Frenchmen attained a lot of popularity. Besides the period after the French revolution saw French nationalism rise as a movement. The ideals of equality, fraternity and liberty which defined the French revoluti ons became part of the phenomenon
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