Human Behaviour Is Learned Rather Than Based on Instinct Essay

This argument can be discussed also using the nature vs. nurture theory, it has been studied widely and there is evidence to support both sides of the argument. The nurture theory argues that human behaviour is the way is it because they were taught that way or grew up in that type of environment. *[1] ’Children raised in healthy, positive environments are more likely to grow into productive successful adults than children raised in negative, threatening environments.’ *[1] http://www.ehow.com/info_8337653_two-sides-nature-nurture-debate.html#ixzz26C7cfhp The nature theory argues that human behaviour is often based on their genetics. It’s argued that human behaviour is the result of inherited traits that people are born with. Even though a person would have experience and learnt things from other people, his/her nature or characteristics would not change. Some people might say we do not have ‘free will’ because our destinies have already been determined by our traits. A child may have a positive upbringing but genetics may show that the child may always be violent no matter what type of upbringing he/she has. Gender is a good example of nurture, although gender is determined by genetics, some people say that acting in appropriate ways for our gender is learnt. Boys are taught at a young age to generally be more masculine by playing competitive sports such as football or rugby. Girls are generally taught to be more feminine, by staying at home and learning how to cook and not participating in rough sports but to be more sensible. There also may be cases where girls have been more masculine and boys more feminine, but either way they have been shown how to behave rather than instinctively knowing. In later life boys or someone more masculine could do well with aggressive jobs such as lawyers, and girls or more feminine people could do well with jobs like nursing where sensitive qualities are needed. People are also different due to their social class, children will have different upbringings due to however many opportunities are available to them. Upper class children are more likely to have more open opportunities such as better colleges and universities, where as a child in middle class will have less opportunities due to lack of money or status.

Martin Luther King Letter from Jail Essay

Martin Luther king believes that the only way to wipe away the injustices experienced within Birmingham City was through holding peaceful negotiations in order to resolve the issues amicably. In the article, â€Å"Ways of Meeting Oppression† by Martin Luther King Jr, tries to bring out Injustices and Oppression, which have been prevalent issues within our society. He believed that black Americans could win equal rights by peaceful means such as peaceful boycotts and marches. He always reminded Americans that their nation’s principles were justice, freedom and equality. Luther King’s argument for non-violent protest against the greater good of human beings may be the disobedience by the authorities, but as Erich Fronmon states in his essay â€Å"Disobedience is a psychological and Moral Problem†, that any act of disobedience against any inhuman law state is morally correct and is for the betterment of the human kind. In his speech â€Å"I have a dream†, He says that his nation will rise up to the true meaning of its creed†¦that all men treated equally. He believed that his children will live to the expectation of his dreams and that equality, both the white people and the black people would exercise fairness and justice. In Martin Luther King message â€Å"Struggle for Equality† in 1963 , he shared his dream of equality with the white Americans , like many other black American he was not treated properly they were forced to use separate al black schools, restaurants and stores. They had different entrances for the black people and certain parts of the nation denied the right to vote. Thus, the placing of laws was for the arising conditions, People needed awareness of such needs. Peaceful negotiations and boycotts held by Martin Luther and his staff paved way for the rapidly gained equality in their rights. In the letter to Birmingham jail, racial and education segregation are undermining goals to the hate inflicted upon the African American community. In the speech at the Great March on Detroit in 23 June 1963, held in Washington, King expound upon making â€Å"the American Dream a reality†. Following the letter from Birmingham jail he said that,† the Negro is no longer willing to accept racial segregation in any of its dimensions.† He considered segregation as wrong because it was a system of adultery, perpetuated by illicit intercourse between injustice and immorality. Educational segregation was one of the key issues that affected not only societal segregation in general but also the lives of the lives of the many black Americans. Most black schools were n’t funded well and as result, there was poor education among the students. This finally translated into the black people acquiring the worst jobs hence unable to afford the decent housing acquired by the white Americans. He continued struggling against segregation and with his aim, he went to Alabama and Birmingham city to watch the injustice practiced there. In order to conclude the many civil rights protest boycotts and demonstrations, there was reinforcement on segregation issues to those aware of it. Eventually it leads to the abolishment of segregation as law and through time changing racist attitudes altogether (Mendoza). In conclusion, the unjust law not only has inflicted pain and anguish among the black Americans but also but compelled them to total misery. Racial discrimination, hatred and education segregation are spring folds of the injustice practiced.

Angels Demons Chapter 98-101

98 The six pompieri firemen who responded to the fire at the Church of Santa Maria Della Vittoria extinguished the bonfire with blasts of Halon gas. Water was cheaper, but the steam it created would have ruined the frescoes in the chapel, and the Vatican paid Roman pompieri a healthy stipend for swift and prudent service in all Vatican-owned buildings. Pompieri, by the nature of their work, witnessed tragedy almost daily, but the execution in this church was something none of them would ever forget. Part crucifixion, part hanging, part burning at the stake, the scene was something dredged from a Gothic nightmare. Unfortunately, the press, as usual, had arrived before the fire department. They'd shot plenty of video before the pompieri cleared the church. When the firemen finally cut the victim down and lay him on the floor, there was no doubt who the man was. â€Å"Cardinale Guidera,† one whispered. â€Å"Di Barcellona.† The victim was nude. The lower half of his body was crimson-black, blood oozing through gaping cracks in his thighs. His shinbones were exposed. One fireman vomited. Another went outside to breathe. The true horror, though, was the symbol seared on the cardinal's chest. The squad chief circled the corpse in awestruck dread. Lavoro del diavolo, he said to himself. Satan himself did this. He crossed himself for the first time since childhood. â€Å"Un' altro corpo!† someone yelled. One of the firemen had found another body. The second victim was a man the chief recognized immediately. The austere commander of the Swiss Guard was a man for whom few public law enforcement officials had any affection. The chief called the Vatican, but all the circuits were busy. He knew it didn't matter. The Swiss Guard would hear about this on television in a matter of minutes. As the chief surveyed the damage, trying to recreate what possibly could have gone on here, he saw a niche riddled with bullet holes. A coffin had been rolled off its supports and fallen upside down in an apparent struggle. It was a mess. That's for the police and Holy See to deal with, the chief thought, turning away. As he turned, though, he stopped. Coming from the coffin he heard a sound. It was not a sound any fireman ever liked to hear. â€Å"Bomba!† he cried out. â€Å"Tutti fuori!† When the bomb squad rolled the coffin over, they discovered the source of the electronic beeping. They stared, confused. â€Å"Medico!† one finally screamed. â€Å"Medico!† 99 â€Å"Any word from Olivetti?† the camerlegno asked, looking drained as Rocher escorted him back from the Sistine Chapel to the Pope's office. â€Å"No, signore. I am fearing the worst.† When they reached the Pope's office, the camerlegno's voice was heavy. â€Å"Captain, there is nothing more I can do here tonight. I fear I have done too much already. I am going into this office to pray. I do not wish to be disturbed. The rest is in God's hands.† â€Å"Yes, signore.† â€Å"The hour is late, Captain. Find that canister.† â€Å"Our search continues.† Rocher hesitated. â€Å"The weapon proves to be too well hidden.† The camerlegno winced, as if he could not think of it. â€Å"Yes. At exactly 11:15 P.M., if the church is still in peril, I want you to evacuate the cardinals. I am putting their safety in your hands. I ask only one thing. Let these men proceed from this place with dignity. Let them exit into St. Peter's Square and stand side by side with the rest of the world. I do not want the last image of this church to be frightened old men sneaking out a back door.† â€Å"Very good, signore. And you? Shall I come for you at 11:15 as well?† â€Å"There will be no need.† â€Å"Signore?† â€Å"I will leave when the spirit moves me.† Rocher wondered if the camerlegno intended to go down with the ship. The camerlegno opened the door to the Pope's office and entered. â€Å"Actually†¦Ã¢â‚¬  he said, turning. â€Å"There is one thing.† â€Å"Signore?† â€Å"There seems to be a chill in this office tonight. I am trembling.† â€Å"The electric heat is out. Let me lay you a fire.† The camerlegno smiled tiredly. â€Å"Thank you. Thank you, very much.† Rocher exited the Pope's office where he had left the camerlegno praying by firelight in front of a small statue of the Blessed Mother Mary. It was an eerie sight. A black shadow kneeling in the flickering glow. As Rocher headed down the hall, a guard appeared, running toward him. Even by candlelight Rocher recognized Lieutenant Chartrand. Young, green, and eager. â€Å"Captain,† Chartrand called, holding out a cellular phone. â€Å"I think the camerlegno's address may have worked. We've got a caller here who says he has information that can help us. He phoned on one of the Vatican's private extensions. I have no idea how he got the number.† Rocher stopped. â€Å"What?† â€Å"He will only speak to the ranking officer.† â€Å"Any word from Olivetti?† â€Å"No, sir.† He took the receiver. â€Å"This is Captain Rocher. I am ranking officer here.† â€Å"Rocher,† the voice said. â€Å"I will explain to you who I am. Then I will tell you what you are going to do next.† When the caller stopped talking and hung up, Rocher stood stunned. He now knew from whom he was taking orders. Back at CERN, Sylvie Baudeloque was frantically trying to keep track of all the licensing inquiries coming in on Kohler's voice mail. When the private line on the director's desk began to ring, Sylvie jumped. Nobody had that number. She answered. â€Å"Yes?† â€Å"Ms. Baudeloque? This is Director Kohler. Contact my pilot. My jet is to be ready in five minutes.† 100 Robert Langdon had no idea where he was or how long he had been unconscious when he opened his eyes and found himself staring up at the underside of a baroque, frescoed cupola. Smoke drifted overhead. Something was covering his mouth. An oxygen mask. He pulled it off. There was a terrible smell in the room – like burning flesh. Langdon winced at the pounding in his head. He tried to sit up. A man in white was kneeling beside him. â€Å"Riposati!† the man said, easing Langdon onto his back again. â€Å"Sono il paramedico.† Langdon succumbed, his head spiraling like the smoke overhead. What the hell happened? Wispy feelings of panic sifted through his mind. â€Å"Sorcio salvatore,† the paramedic said. â€Å"Mouse†¦ savior.† Langdon felt even more lost. Mouse savior? The man motioned to the Mickey Mouse watch on Langdon's wrist. Langdon's thoughts began to clear. He remembered setting the alarm. As he stared absently at the watch face, Langdon also noted the hour. 10:28 P.M. He sat bolt upright. Then, it all came back. Langdon stood near the main altar with the fire chief and a few of his men. They had been rattling him with questions. Langdon wasn't listening. He had questions of his own. His whole body ached, but he knew he needed to act immediately. A pompiero approached Langdon across the church. â€Å"I checked again, sir. The only bodies we found are Cardinal Guidera and the Swiss Guard commander. There's no sign of a woman here.† â€Å"Grazie,† Langdon said, unsure whether he was relieved or horrified. He knew he had seen Vittoria unconscious on the floor. Now she was gone. The only explanation he came up with was not a comforting one. The killer had not been subtle on the phone. A woman of spirit. I am aroused. Perhaps before this night is over, I will find you. And when I do†¦Ã¢â‚¬  Langdon looked around. â€Å"Where is the Swiss Guard?† â€Å"Still no contact. Vatican lines are jammed.† Langdon felt overwhelmed and alone. Olivetti was dead. The cardinal was dead. Vittoria was missing. A half hour of his life had disappeared in a blink. Outside, Langdon could hear the press swarming. He suspected footage of the third cardinal's horrific death would no doubt air soon, if it hadn't already. Langdon hoped the camerlegno had long since assumed the worst and taken action. Evacuate the damn Vatican! Enough games! We lose! Langdon suddenly realized that all of the catalysts that had been driving him – helping to save Vatican City, rescuing the four cardinals, coming face to face with the brotherhood he had studied for years – all of these things had evaporated from his mind. The war was lost. A new compulsion had ignited within him. It was simple. Stark. Primal. Find Vittoria. He felt an unexpected emptiness inside. Langdon had often heard that intense situations could unite two people in ways that decades together often did not. He now believed it. In Vittoria's absence he felt something he had not felt in years. Loneliness. The pain gave him strength. Pushing all else from his mind, Langdon mustered his concentration. He prayed that the Hassassin would take care of business before pleasure. Otherwise, Langdon knew he was already too late. No, he told himself, you have time. Vittoria's captor still had work to do. He had to surface one last time before disappearing forever. The last altar of science, Langdon thought. The killer had one final task. Earth. Air. Fire. Water. He looked at his watch. Thirty minutes. Langdon moved past the firemen toward Bernini's Ecstasy of St. Teresa. This time, as he stared at Bernini's marker, Langdon had no doubt what he was looking for. Let angels guide you on your lofty quest†¦ Directly over the recumbent saint, against a backdrop of gilded flame, hovered Bernini's angel. The angel's hand clutched a pointed spear of fire. Langdon's eyes followed the direction of the shaft, arching toward the right side of the church. His eyes hit the wall. He scanned the spot where the spear was pointing. There was nothing there. Langdon knew, of course, the spear was pointing far beyond the wall, into the night, somewhere across Rome. â€Å"What direction is that?† Langdon asked, turning and addressing the chief with a newfound determination. â€Å"Direction?† The chief glanced where Langdon was pointing. He sounded confused. â€Å"I don't know†¦ west, I think.† â€Å"What churches are in that direction?† The chief's puzzlement seemed to deepen. â€Å"Dozens. Why?† Langdon frowned. Of course there were dozens. â€Å"I need a city map. Right away.† The chief sent someone running out to the fire truck for a map. Langdon turned back to the statue. Earth†¦ Air†¦ Fire†¦ VITTORIA. The final marker is Water, he told himself. Bernini's Water. It was in a church out there somewhere. A needle in a haystack. He spurred his mind through all the Bernini works he could recall. I need a tribute to Water! Langdon flashed on Bernini's statue of Triton – the Greek God of the sea. Then he realized it was located in the square outside this very church, in entirely the wrong direction. He forced himself to think. What figure would Bernini have carved as a glorification of water? Neptune and Apollo? Unfortunately that statue was in London's Victoria & Albert Museum. â€Å"Signore?† A fireman ran in with a map. Langdon thanked him and spread it out on the altar. He immediately realized he had asked the right people; the fire department's map of Rome was as detailed as any Langdon had ever seen. â€Å"Where are we now?† The man pointed. â€Å"Next to Piazza Barberini.† Langdon looked at the angel's spear again to get his bearings. The chief had estimated correctly. According to the map, the spear was pointing west. Langdon traced a line from his current location west across the map. Almost instantly his hopes began to sink. It seemed that with every inch his finger traveled, he passed yet another building marked by a tiny black cross. Churches. The city was riddled with them. Finally, Langdon's finger ran out of churches and trailed off into the suburbs of Rome. He exhaled and stepped back from the map. Damn. Surveying the whole of Rome, Langdon's eyes touched down on the three churches where the first three cardinals had been killed. The Chigi Chapel†¦ St. Peter's†¦ here†¦ Seeing them all laid out before him now, Langdon noted an oddity in their locations. Somehow he had imagined the churches would be scattered randomly across Rome. But they most definitely were not. Improbably, the three churches seemed to be separated systematically, in an enormous city-wide triangle. Langdon double-checked. He was not imagining things. â€Å"Penna,† he said suddenly, without looking up. Someone handed him a ballpoint pen. Langdon circled the three churches. His pulse quickened. He triple-checked his markings. A symmetrical triangle! Langdon's first thought was for the Great Seal on the one-dollar bill – the triangle containing the all-seeing eye. But it didn't make sense. He had marked only three points. There were supposed to be four in all. So where the hell is Water? Langdon knew that anywhere he placed the fourth point, the triangle would be destroyed. The only option to retain the symmetry was to place the fourth marker inside the triangle, at the center. He looked at the spot on the map. Nothing. The idea bothered him anyway. The four elements of science were considered equal. Water was not special; Water would not be at the center of the others. Still, his instinct told him the systematic arrangement could not possibly be accidental. I'm not yet seeing the whole picture. There was only one alternative. The four points did not make a triangle; they made some other shape. Langdon looked at the map. A square, perhaps? Although a square made no symbolic sense, squares were symmetrical at least. Langdon put his finger on the map at one of the points that would turn the triangle into a square. He saw immediately that a perfect square was impossible. The angles of the original triangle were oblique and created more of a distorted quadrilateral. As he studied the other possible points around the triangle, something unexpected happened. He noticed that the line he had drawn earlier to indicate the direction of the angel's spear passed perfectly through one of the possibilities. Stupefied, Langdon circled that point. He was now looking at four ink marks on the map, arranged in somewhat of an awkward, kitelike diamond. He frowned. Diamonds were not an Illuminati symbol either. He paused. Then again†¦ For an instant Langdon flashed on the famed Illuminati Diamond. The thought, of course, was ridiculous. He dismissed it. Besides, this diamond was oblong – like a kite – hardly an example of the flawless symmetry for which the Illuminati Diamond was revered. When he leaned in to examine where he had placed the final mark, Langdon was surprised to find that the fourth point lay dead center of Rome's famed Piazza Navona. He knew the piazza contained a major church, but he had already traced his finger through that piazza and considered the church there. To the best of his knowledge it contained no Bernini works. The church was called Saint Agnes in Agony, named for St. Agnes, a ravishing teenage virgin banished to a life of sexual slavery for refusing to renounce her faith. There must be something in that church! Langdon racked his brain, picturing the inside of the church. He could think of no Bernini works at all inside, much less anything to do with water. The arrangement on the map was bothering him too. A diamond. It was far too accurate to be coincidence, but it was not accurate enough to make any sense. A kite? Langdon wondered if he had chosen the wrong point. What am I missing! The answer took another thirty seconds to hit him, but when it did, Langdon felt an exhilaration like nothing he had ever experienced in his academic career. The Illuminati genius, it seemed, would never cease. The shape he was looking at was not intended as a diamond at all. The four points only formed a diamond because Langdon had connected adjacent points. The Illuminati believe in opposites! Connecting opposite vertices with his pen, Langdon's fingers were trembling. There before him on the map was a giant cruciform. It's a cross! The four elements of science unfolded before his eyes†¦ sprawled across Rome in an enormous, city-wide cross. As he stared in wonder, a line of poetry rang in his mind†¦ like an old friend with a new face. ‘Cross Rome the mystic elements unfold†¦ ‘Cross Rome†¦ The fog began to clear. Langdon saw that the answer had been in front of him all night! The Illuminati poem had been telling him how the altars were laid out. A cross! ‘Cross Rome the mystic elements unfold! It was cunning wordplay. Langdon had originally read the word'Cross as an abbreviation of Across. He assumed it was poetic license intended to retain the meter of the poem. But it was so much more than that! Another hidden clue. The cruciform on the map, Langdon realized, was the ultimate Illuminati duality. It was a religious symbol formed by elements of science. Galileo's path of Illumination was a tribute to both science and God! The rest of the puzzle fell into place almost immediately. Piazza Navona. Dead center of Piazza Navona, outside the church of St. Agnes in Agony, Bernini had forged one of his most celebrated sculptures. Everyone who came to Rome went to see it. The Fountain of the Four Rivers! A flawless tribute to water, Bernini's Fountain of the Four Rivers glorified the four major rivers of the Old World – The Nile, Ganges, Danube, and Rio Plata. Water, Langdon thought. The final marker. It was perfect. And even more perfect, Langdon realized, the cherry on the cake, was that high atop Bernini's fountain stood a towering obelisk. Leaving confused firemen in his wake, Langdon ran across the church in the direction of Olivetti's lifeless body. 10:31 P.M., he thought. Plenty of time. It was the first instant all day that Langdon felt ahead of the game. Kneeling beside Olivetti, out of sight behind some pews, Langdon discreetly took possession of the commander's semiautomatic and walkie-talkie. Langdon knew he would call for help, but this was not the place to do it. The final altar of science needed to remain a secret for now. The media and fire department racing with sirens blaring to Piazza Navona would be no help at all. Without a word, Langdon slipped out the door and skirted the press, who were now entering the church in droves. He crossed Piazza Barberini. In the shadows he turned on the walkie-talkie. He tried to hail Vatican City but heard nothing but static. He was either out of range or the transmitter needed some kind of authorization code. Langdon adjusted the complex dials and buttons to no avail. Abruptly, he realized his plan to get help was not going to work. He spun, looking for a pay phone. None. Vatican circuits were jammed anyway. He was alone. Feeling his initial surge of confidence decay, Langdon stood a moment and took stock of his pitiful state – covered in bone dust, cut, deliriously exhausted, and hungry. Langdon glanced back at the church. Smoke spiraled over the cupola, lit by the media lights and fire trucks. He wondered if he should go back and get help. Instinct warned him however that extra help, especially untrained help, would be nothing but a liability. If the Hassassin sees us coming†¦ He thought of Vittoria and knew this would be his final chance to face her captor. Piazza Navona, he thought, knowing he could get there in plenty of time and stake it out. He scanned the area for a taxi, but the streets were almost entirely deserted. Even the taxi drivers, it seemed, had dropped everything to find a television. Piazza Navona was only about a mile away, but Langdon had no intention of wasting precious energy on foot. He glanced back at the church, wondering if he could borrow a vehicle from someone. A fire truck? A press van? Be serious. Sensing options and minutes slipping away, Langdon made his decision. Pulling the gun from his pocket, he committed an act so out of character that he suspected his soul must now be possessed. Running over to a lone Citroen sedan idling at a stoplight, Langdon pointed the weapon through the driver's open window. â€Å"Fuori!† he yelled. The trembling man got out. Langdon jumped behind the wheel and hit the gas. 101 Gunther Glick sat on a bench in a holding tank inside the office of the Swiss Guard. He prayed to every god he could think of. Please let this NOT be a dream. It had been the scoop of his life. The scoop of anyone's life. Every reporter on earth wished he were Glick right now. You are awake, he told himself. And you are a star. Dan Rather is crying right now. Macri was beside him, looking a little bit stunned. Glick didn't blame her. In addition to exclusively broadcasting the camerlegno's address, she and Glick had provided the world with gruesome photos of the cardinals and of the Pope – that tongue! – as well as a live video feed of the antimatter canister counting down. Incredible! Of course, all of that had all been at the camerlegno's behest, so that was not the reason Glick and Macri were now locked in a Swiss Guard holding tank. It had been Glick's daring addendum to their coverage that the guards had not appreciated. Glick knew the conversation on which he had just reported was not intended for his ears, but this was his moment in the sun. Another Glick scoop! â€Å"The 11th Hour Samaritan?† Macri groaned on the bench beside him, clearly unimpressed. Glick smiled. â€Å"Brilliant, wasn't it?† â€Å"Brilliantly dumb.† She's just jealous, Glick knew. Shortly after the camerlegno's address, Glick had again, by chance, been in the right place at the right time. He'd overheard Rocher giving new orders to his men. Apparently Rocher had received a phone call from a mysterious individual who Rocher claimed had critical information regarding the current crisis. Rocher was talking as if this man could help them and was advising his guards to prepare for the guest's arrival. Although the information was clearly private, Glick had acted as any dedicated reporter would – without honor. He'd found a dark corner, ordered Macri to fire up her remote camera, and he'd reported the news. â€Å"Shocking new developments in God's city,† he had announced, squinting his eyes for added intensity. Then he'd gone on to say that a mystery guest was coming to Vatican City to save the day. The 11th Hour Samaritan, Glick had called him – a perfect name for the faceless man appearing at the last moment to do a good deed. The other networks had picked up the catchy sound bite, and Glick was yet again immortalized. I'm brilliant, he mused. Peter Jennings just jumped off a bridge. Of course Glick had not stopped there. While he had the world's attention, he had thrown in a little of his own conspiracy theory for good measure. Brilliant. Utterly brilliant. â€Å"You screwed us,† Macri said. â€Å"You totally blew it.† â€Å"What do you mean? I was great!† Macri stared disbelievingly. â€Å"Former President George Bush? An Illuminatus?† Glick smiled. How much more obvious could it be? George Bush was a well-documented, 33rd-degree Mason, and he was the head of the CIA when the agency closed their Illuminati investigation for lack of evidence. And all those speeches about â€Å"a thousand points of light† and a â€Å"New World Order†Ã¢â‚¬ ¦ Bush was obviously Illuminati. â€Å"And that bit about CERN?† Macri chided. â€Å"You are going to have a very big line of lawyers outside your door tomorrow.† â€Å"CERN? Oh come on! It's so obvious! Think about it! The Illuminati disappear off the face of the earth in the 1950s at about the same time CERN is founded. CERN is a haven for the most enlightened people on earth. Tons of private funding. They build a weapon that can destroy the church, and oops!†¦ they lose it!† â€Å"So you tell the world that CERN is the new home base of the Illuminati?† â€Å"Obviously! Brotherhoods don't just disappear. The Illuminati had to go somewhere. CERN is a perfect place for them to hide. I'm not saying everyone at CERN is Illuminati. It's probably like a huge Masonic lodge, where most people are innocent, but the upper echelons – â€Å" â€Å"Have you ever heard of slander, Glick? Liability?† â€Å"Have you ever heard of real journalism!† â€Å"Journalism? You were pulling bullshit out of thin air! I should have turned off the camera! And what the hell was that crap about CERN's corporate logo? Satanic symbology? Have you lost your mind?† Glick smiled. Macri's jealousy was definitely showing. The CERN logo had been the most brilliant coup of all. Ever since the camerlegno's address, all the networks were talking about CERN and antimatter. Some stations were showing the CERN corporate logo as a backdrop. The logo seemed standard enough – two intersecting circles representing two particle accelerators, and five tangential lines representing particle injection tubes. The whole world was staring at this logo, but it had been Glick, a bit of a symbologist himself, who had first seen the Illuminati symbology hidden in it. â€Å"You're not a symbologist,† Macri chided, â€Å"you're just one lucky-ass reporter. You should have left the symbology to the Harvard guy.† â€Å"The Harvard guy missed it,† Glick said. The Illuminati significance in this logo is so obvious! He was beaming inside. Although CERN had lots of accelerators, their logo showed only two. Two is the Illuminati number of duality. Although most accelerators had only one injection tube, the logo showed five. Five is the number of the Illuminati pentagram. Then had come the coup – the most brilliant point of all. Glick pointed out that the logo contained a large numeral â€Å"6 – clearly formed by one of the lines and circles – and when the logo was rotated, another six appeared†¦ and then another. The logo contained three sixes! 666! The devil's number! The mark of the beast! Glick was a genius. Macri looked ready to slug him. The jealousy would pass, Glick knew, his mind now wandering to another thought. If CERN was Illuminati headquarters, was CERN where the Illuminati kept their infamous Illuminati Diamond? Glick had read about it on the Internet – â€Å"a flawless diamond, born of the ancient elements with such perfection that all those who saw it could only stand in wonder.† Glick wondered if the secret whereabouts of the Illuminati Diamond might be yet another mystery he could unveil tonight.

Ethical filter worksheet Essay Example | Topics and Well Written Essays - 500 words

Ethical filter worksheet - Essay Example It is not easy to live with what is meager and sometimes having to think of a surplus liability. What could be a life in comfort will be earning surplus income saving every 10% from every income without difficulty. Confidence is very important, but often, research proved to be helpful in making personal or organizational decisions. However, in instances where immediate decisions must be made, there is nothing better that a manager who have more than enough courage to show self-esteem. 1. Sometimes we face choices when we have little time, and possibly no preparation. What are the advantages to role-playing those situations in advance What is your action plan to avoid falling into ethical traps MacAdams (1998) stated that R. H. Morrison recognized determination and firmness of purpose as the optimal ingredient to every victory. I am an advocate to the same concept, and this is how I avoid falling into ethical traps.

Ethical Case study Example | Topics and Well Written Essays - 750 words

Ethical - Case Study Example One of the adult children demanded for an answer to her mother’s health condition to the extent of becoming abusive to the staff. I later heard the doctor telling the child about his mother’s diagnostic condition. The above case study presents an ethical dilemma that the doctor in charge had to handle in a professional and ethical manner. There is need for an ethical model to be used in the analysis of this case and followed through its implementation procedures. The model essentially works to enhance the decision-making process in order to arrive at a feasible alternative approach without violating the rights of either party involved. The doctor in this case scenario was in a dilemma on whether to abide by the woman’s request of keeping her condition secret or to inform her children of the condition as they had become unruly. The patient was in shock and was not yet ready to share the information with the rest of the family save for her husband. As her condition continued to deteriorate, her family became more concerned and wanted to know exactly what was ailing their mother. The eldest son became more inquisitive, and abusive to the staff. In order to contain the situation, the brain mass doctor opted to inform the eldest child of his mother’s condition. going against her wish. In my own assessment, giving out information to the children without the consent of her patient was not a professional way of solving the ethical dilemma. The doctor violated the health policy that requires the privacy of patients’ information to be sustained and only availed to the authorized practitioners for medical intervention (Chivima, 2014). According to the brain mass doctor, giving out information to the family was meant to solve the anxiety among the family members considering that they are also entitled to information about their patient. The best possible approach to

The Reformation Essay Example | Topics and Well Written Essays - 750 words

The Reformation - Essay Example It had no lasting influence unlike other European countries except the fact that it strengthened the Roman Catholic Church1. However, sometimes the Reformation is described as the Northern Renaissance. This description has been given to the Reformation in the views of many of the historians. The Northern Renaissance is the Renaissance in northern Europe. It was by the late 15th century that the ideas of the Italian Renaissance humanism spread across Europe and influenced many national and localized movements such as the French Renaissance, German Renaissance and others. Each of these had their own different characteristics and strengths. Italian art and artists such as Leonardo Di Vinci were commissioned and great palaces were built to import the art. It was also believed that the Northern Renaissance was closely linked to the Protestant Reformation and to the series of external and internal conflicts that existed between the various Protestant groups and the Roman Catholic Church. T hese had a lasting impact on the Renaissance. Despite the link between the Northern Renaissance and the Reformation, many researchers have found the differences between them that hinder the connection link between them. The Northern Renaissance was seen as the rebirth of the Greek and Roman civilization2. The Renaissance first begun in the states of Italy and many of the intellectuals suggested that the era after the fall of the Roman Empire till their own times was the Dark Ages, or the Middle Ages. However, this was not true, in fact the irony of the Renaissance, the cultural and intellectual achievements owed a lot to the medieval world. There were many gains in literature, art, philosophy and political thoughts, and individualism was seen as people wanted to receive personal credit fir what they did rather than praising God for everything. As the education spread throughout the Europe and the printing press was introduced in the mid-fifteenth century, the Renaissance spread thro ughout the Europe and was now called the Northern Renaissance. The Northern Renaissance was mainly interested in the religious concerns and this is what leads to the Protestant Reformation. The Reformation had aimed to correct the problems associated with the Catholic Church and sparked the religious civil war for over a century. It was mainly a spiritual and religious revolution3. There were many ideas that emanated in the Italian Renaissance which influenced the Reformation. The Italian Renaissance encouraged the concept of individual and the search for beauty and knowledge. Various forms were used to spread the Renaissance throughout Europe which included letters, writings and several other kinds of practices. This way, the Northern Renaissance was seen to have been influenced by the relationship of the individual with God. The values were built upon the importance of learning and staying connected to the personal relationship with God. Eventually, with further teachings and idea s, a religious sect arose which applied the humanist values to the religious life. And thus, gradually the Northern Renaissance gave a rise to the Reformation. Petrarch, Erasmus and Luther’s lives are best descriptions of the adoption of Renaissance into the Reformation. Petrarch insisted the learning of Greek and Roman manuscripts. He portrayed the value and worth of a man through his portraits and letters. Furthermore, his travels allowed the ideas to spread throughout Europe. An example is his description of the Renaissance as the

Reasons for the Growth of MNEs from Emerging Economies from a Essay

Reasons for the Growth of MNEs from Emerging Economies from a Theoretical Perspective - Essay Example The author of the essay "Growth of MNEs from emerging economies from a theoretical perspective" explains, MNEs are Multinational Enterprises which operate in many nations as part of their internationalizations strategy. Barlett, Ghoshal and Beamish (2008) provide a similar definition to MNEs, by stating MNEs are â€Å"organizations that have substantial direct investment in foreign countries and actively manage those operations and regard those operations as integral parts of the company both strategically and organizationally.† However, the same type of organization are also referred by other term as well like international firms, multinational companies, transnational or 'global', to supranational, etc in common day usage, in business circles and in various articles and books. This being the case, the term MNEs are used in particular contexts. That is, as pointed out earlier, the organizations that operate in many countries are not simply a MNC or MNE in just the legal sense . Instead, they are â€Å"an aggregate group or network of corporate and non-corporate entities, established under the domestic laws of different nations and thereby endowed with different nationalities†. In that context, the term enterprise or MNE appears to be the most suited for covering all the many and varied forms of corporate and operational interrelationships. (Zurawicki 1979). Thus, due to their extensive operations, they are being influenced by various factors from their origination to every day functioning. This is particularly visible when the MNEs are divided into MNEs from developed countries and MNEs from emerging or developing countries or economies. That is, it is a well known fact that economic advantages, military strength, technological capabilities, even geographical strength and other aspects differentiate and categorize countries of the world as developed, developing and poor countries. This categorization is also visible among the business circles, wit h the organizations categorized into MNEs from Developed countries (DMNEs for short) and MNEs from Emerging countries (EMNEs for short). According to Rugman (2009), â€Å"currently the world's 500 largest MNEs dominate world trade and investment, and in terms of FDI the world's largest firms account for 90 percent of the world total.†. As these MNEs operate in many countries by having subsidiaries, joint ventures, etc., they are making positive impacts all over the world. That is, many MNEs from emerging and least developed countries are also working as part of this large MNE system. â€Å"It is through the activities of this set of very large MNEs that less developed countries are being integrated into the world's economic system.† (Rugman 2009). But, at the same time, when the positions of these DMNEs and EMNEs are compared, it appears that EMNEs are positioned well below DMNEs. That is, although EMNEs from many countries including China, India, Brazil, etc, etc. hav e increased in numbers in the recent decades due to various accentuating factors, they constitute only minority among the largest firms of the world. â€Å"Although their numbers have increased, developing-country firms account for only between 5 and 8.4% of the largest public firms. Moreover, they tend to be present at the lower end of the ranking† (Cuervo-Cazurra and Genc 2008). Even then EMNEs are coming up with optimal strategies to strongly compete with the DMNEs, and in many cases are even overtaking the DMNEs. This paper focusing of these EMNEs will first discuss how certain historic, geographic, cultural and institutional factors acted and are still acting as the disadvantages for the EMNEs, and then will discuss how notwithstanding these disadvantages, the EMNEs are able to compete with established DMNEs through effective strategies. One of the main disadvantages which have been faced by

American Society - 1920s and 1930s Term Paper Example | Topics and Well Written Essays - 1250 words

American Society - 1920s and 1930s - Term Paper Example It was a period which signified the rise of League of Nations. After elections, the nest President, Harding died and the vice president, Calvin Coolidgetook over the office as president. He was a promoter of moral values and honesty. The United States witnessed an era of excessive prosperity and growth during his reign which was from 1923-1929. The first document is taken from Pathways to the present. It starts with early American history from the time of early European explorers till the development of European colonies. Three different cultures mixed up to form the culture of these new colonies. They included the Native American culture, the European culture and the West African culture. The Native Americans resided mostly in North America. These natives had come from Asia. The beliefs of these Asians were quite different from the beliefs of the Europeans who had come. The picture/cartoon in document 1 shows this clash of cultures. On the one hand there were Africans who were compl etely unsophisticated and Europeans were quite civilized with their own distinct tastes in Music. They were quite well-dressed also. The next picture shows the people of choir discussing the person in the first picture. The person shown is quite tall and huge. He is improperly dressed. Europeans had come to America in search of riches. Their culture was very different. The Europeans, during that time were going through a period of very high economic growth. The renaissance or more commonly called the French revolution was characterized by an outburst of knowledge in European countries and European countries focused more on competition between states rather than kinship or strong fraternal relationships. Thus, the discrimination between Africans and Europeans existed (Cayton, 2007). The culture of the Africans, on the other hand, was based on strong tribal ties and fraternal relations. This was completely at odds with the European culture. Slavery was a part of the African culture. A fricans captured slaves from other tribes. Africans and Europeans continued to trade with each other for sometime but later on, some African people were sold in trading. This gave rise to slave trade. The picture also signifies the clash and disparity. The second document explains the role of women in 1920s. The status of women in 1920s was greatly uplifted. Now the employers were more acceptable to take women as their employees. Previously they were only restricted to clerical roles nut now they had started taking up better jobs. The society at large was becoming broader minded with respect to females. They had started participating in sports and had also started going to different cities for acquiring good jobs. The period following the war was characterized by massive growth as is discussed previously. The author has written this book in such a way that the reader would feel as if he also living in the same era. The third document was written after the First World War when the pe riod of renaissance had actually started. African Americans were of the thought that discrimination against the, would now come to an end, however, this was not the case. Document 4 highlights that the generation following the end of world war had become spoilt with regard to excessive spending as compared to their forefathers who had witnessed the period of war and were hence deemed as frugal by this generation. Animosity between grand parents and grand children also started to grow as grand

Monsanto vs. Schmeiser Essay Example | Topics and Well Written Essays - 500 words

Monsanto vs. Schmeiser - Essay Example From this study it is clear that governments around the globe are trying to create a regulatory procedure for examining the results of and authorizing novel kinds of genetically modified plants. Most government have made health testing of genetically modified foods mandatory. In addition, food labelling of genetically engineered manufactured foods is legally binding, with a specified limit for contamination. Regulatory authorities have been established to assess if genetically modified plants are environmental friendly, if it is safe to grow and consume the plant. Moreover, these authorities also regulate additives, pesticides, toxins that could ensue in potential damage to health or environment. State inspectors visit farms at regular intervals and evaluate conditions to ascertain compliance. Contravention of laws can ensue in heavy fines, cancellation of licences and even imprisonment. This proved to be a landmark case in the sphere of biotechnology. Monsanto sued Percy Schmeiser, a Candaian canola farmer for patent infringement when unlicensed Roundup Ready canola was discovered on his land. Schmeiser advocated that he had never planted biotech seeds; instead, they reached his fields by accident. Monsanto contended that they possess patent on the gene and the canola cells within it; hence, they can dictate its utilization. This entitled them to restrict replanting seeds from the genetically modified plants. As opposed to this, Schmeiser asserted that he could stock and regrow plants from seeds that accidentally flew in his field. The Canadian court declared that the â€Å"tests revealed that 95 to 98% of the 1000acres of canola crop was made of Roundup Ready plant.  

The Company Yahoo Essay Example | Topics and Well Written Essays - 750 words

The Company Yahoo - Essay Example As the discussion stresses, the company was on the height of its success at the time of dot-com boom in 2000 when its stock price plunged to record high. Yahoo! also started its free mail service in response to the release of Google’s Gmail in 2004. In the following year, the company took over Flickr, a thriving photo sharing service. Yahoo! continued to expand by acquiring and purchasing innovative business in need of capital. The range of services offered by Yahoo! also rose in the year 2005 when the company stepped into Web 2.0 services. MSN Messenger and Yahoo! Messenger became interoperable in 2005 which was another great achievement for the company. Yahoo! also allowed its mail users unlimited free space in 2007 as it removed the barrier of 1GB storage. In 2008, in the time of recession, the company announced the layoff of 1000 employees. The company was facing difficulties in competing with the efficient Google. The main revenue model for the company was advertising ini tially. Afterwards, the company started making money from the augmented services that it offered. Efficient management of capital and reduction in expenditure helped the company to gain its profitability in the pure internet business. In 2008, the company was approached by Microsoft for the offer of a merger. However, Yahoo! rejected the offer of Microsoft as the share price being offered was very low. Recently, Yahoo! webpage is seen to be changed and a new version is launched called the Metro. This new look also has links to famous applications such as Facebook.com and Netflix. E-commerce website like Yahoo! needs to constantly innovate and develop new features on the website to attract more users and subscribers. The company right now faces lack of originality as it is engaged in merging and acquiring already established businesses like Flickr. The customer data which is private should not be used by the company to be sold to marketing agencies.

Knowledge Management in Supply Chain Management Essay

Knowledge Management in Supply Chain Management - Essay Example The research provided efficient solutions to the problems and including the integrating system and providing effective IT solutions in the supply chain management. It also provided some recommendations to the major problems of KM in the company. The implementation plan revealed the type of knowledge and resource required in the KM project. The conclusion provided a summary in brief the main discussion on the topic under study. Knowledge Management in Supply Chain Management in Dell Company Introduction Knowledge management has become an emerging key issue in many organizations. Dell Company, which is an American conglomerate computer technology, is among the industries that incorporate knowledge management in the supply chain management process. The corporation has more than 103,300 workers worldwide, and it is among the leading technology industries. The company engages in design, development, manufacturing and marketing or distributing of diverse computer services globally. The emp loy corporate responsibility and business model of culture, compliance and credibility in order to achieve effective performance. Increased technology advancement has forced many organizations to employ effective methods; thus, use of knowledge management in many organizations has become the significant aspect. Knowledge management (KM) is a strategic tool or framework employed  to design, represent and distribute as well as enable adoption of experiences in business process. KM in supply management has become the leading area of concern and managerial challenges. For instance, the supply chain management has become one of the key areas that utilize knowledge management in order to achieve a competitive advantage. KM is increasing as a significant business asset in the supply chain management. However, Dell Company face varied challenges of incorporating knowledge management in the supply chain management process. Dell’s operates its business across the product line includi ng desktop computers, network services, computer notebooks and storage products. The company owner, Michael Dell established the business based on the sidestepping dealer concept. The company started selling  personal computer products straight to clients; thus evading the issue of delay and outlays of supply chain issues. Better financial performance contributed to its successful implementation of using direct sales model. However, despite the recent industrial growth, the company faces varied challenges. The foremost problem is increased technology changes; thus holding inventories an immense liability. Therefore, the organization employs knowledge management in supply management in order to design, manufacture, market and delivers computer products effectively across the globe. The company manages KM through aligning the organizational strategies and employs logistics as well as provides IT solutions effective for managing knowledge. Problem Identification and Analysis Increase d technology changes have become the main concerning the issue in the company’s supply chain management. Technology changes are significant because it enables the company to design or employ new business strategies that can enable them improve business performance (Dwivedi and Butcher (2009, p.123). Dell Company  is among

The Pentagon Papers Essay Example for Free

The Pentagon Papers Essay Introduction Publication of the Pentagon Papers by leading newspapers in June 1971 was an important incident in modern American history. The inside of the papers fueled the fires of antiwar movements at home and overseas; the release of the papers aggravated an extraordinary criminal prosecution of two American citizens; plus the reaction of the administration of President Richard M. Nixon to publication of the papers led eventually to the Watergate scandal as well as the first resignation of a president in American history. Frequently overlooked, though, is the fact that the trial of Daniel Ellsberg and Anthony Russo for photocopying the Pentagon Papers exposed the imperial and unruly side of the Nixon Administration, and this brought into sharp relief the quandary of government secrecy in a democratic polity. Never before had citizens been charged with a crime for disclosing apparently Top Secret information to the general public through the American press. Heretofore, with the exception of narrow fields of secrecy legislatively sanctioned by the Congress for instance certain atomic energy information, the keeping of secrets had been implicit to be an executive prerogative however not a statutorily vested authority. Once the cat was out of the bag, the press was free to make use of information. Nevertheless, the leaking of classified information had been, and still is, a very common practice. The principal restraint on the press was the capability of the president to influence the press not to publish information. Not like Britains prime minister and most other heads of state, who can protect secrets under an Official Secrets Act, the president possesses no statutory authority to obstruct press publication of classified information. Before the trial of Ellsberg and Russo, also, it was not usually alleged that the president could legally prosecute citizens for leaking classified information to the American press. Certainly, the threat pretense by such authority to informed debate in a democracy and to disclosures of governmental malfeasance made such executive authority almost improbable. In passing the Espionage Act of 1917, for instance, the Congress denied President Woodrow Wilsons requests for broad authority to control war information. Members of Congress intentionally restricted the scope of the law in order that it could not be used as an instrument for presidential censorship of the press. Over the years, the Congress has constantly refused to permit the executive branch to draw a statutory veil of secrecy around itself. The Nixon Administrations prosecution of Ellsberg and Russo, consequently, was a daring effort by an imperial executive branch to secure from the judicial branch a broad measure of power and authority long denied it by the legislative branch. However, the Congress sat by although the administration ingeniously fashioned extraordinary criminal charges out of novel interpretations of existing statutes covering conspiracy, theft, and intelligence. While the administration failed in its attempt to imprison Ellsberg and Russo, the unwillingness of the court to nullify the prosecution at the outset basically changed the regulations of executive secrecy in the United States by converting what had been a political game of hide-and-seek between presidents and the press into a potentially criminal game of cat-and-mouse. Therefore, the long-standing importance of the Pentagon Papersand the basic clash between secrecy and democracylay not so much in the unauthorized publication of the documents, however in the abuse of the Rule of Law by the administrationan abuse that has had the effect of hanging a judicial sword of Damocles above the heads of citizens who would reveal classified information to the public. Principal Events On Sunday, June 13, 1971, The New York Times started to publish excerpts from a U.S. Defense Department study marked Top Secret and entitled History of U.S. Decision-Making Processes on Vietnam Policy, widely recognized as the Pentagon Papers. The collection of documents had been assembled during Lyndon B. Johnsons administration at the request of then-Secretary of Defense Robert S. McNamara at first; President Nixon was not particularly disturbed by the publication of the papers. Their contents, after all, managed policy-making before his administration and were, consequently, probable to be embarrassing to the Democrats just before an election year. Though, the presidents national security adviser, Henry Kissinger, succeeded on the president to do something regarding this huge hemorrhage of state secrets. (Peter Schrag, 1974) On the evening of June 14, after two days of publication and after various White House consultations, Attorney General John Mitchell asked The New York Times to cease publishing excerpts from the Pentagon Papers. Mitchell stated that publication of the documents dishonored the Espionage Act. The Times refused to act in accordance with, saying, It is in the interest of the people of this country to be informed of the material contained in this series of articles. The U.S. Department of Justice got a temporary preventive order against The Times. The newspaper pleads to the U.S. Supreme Court on June 24. (David Rudenstine, 1996) At the same time as The Times was restrained from publishing excerpts from the Pentagon Papers, The Washington Post started to publish portions of the study. The Post distributed extracts to some 345 client publications through the Washington Post Los Angeles Times News Service. The Department of Justice got a temporary restraining order against The Post, and after that appealed to the U.S. Supreme Court when the U.S. Court of Appeals for the District of Columbia ruled that The Post had a constitutional right to issue the material. Extracts from the Pentagon Papers were as well published by The Boston Globe, The Los Angeles Times, The St. Louis Post-Dispatch, The Christian Science Monitor, plus a number of further newspapers during June 22-29. The Department of Justice got a restraining order against The St. Louis Post-Dispatch on June 26. (Sanford Ungar, 1972) On that day, the U.S. Supreme Court heard public oral arguments from Solicitor General Erwin Griswold for the United States, Alexander Bickel for The Times, as well as William Glendon for The Post. In a swift and extraordinary thrive of activity, the Court rendered a 6-3 decision on June 30, and issued a short per curiam opinion for the Court, with justices Warren Burger, John Harlan, and Harry Blackmun rebellious. The decision was accompanied by nine opinions. The per curiam opinion held that the United States had not conquer the heavy constitutional presumption against prior restraint on the press. Justices Hugo Black and William Douglas took a virtually absolute view of a First Amendment prohibition of prior restraint on newspapers. Justices William Brennan, Thurgood Marshall, Potter Stewart, and Byron White recognized that there could be circumstances that would validate a prior restraint on press publication of national security information, however that such conditions were not present in this case. Chief Justice Burger objected to the unseemly haste with which the Court handled the cases. Justices Harlan and Blackmun as well objected to the frenzied train of events [that] took place in the name of the presumption against restraints created by the First Amendment. The dissenting justices thought that publication of the Pentagon Papers must have been delayed until an assessment could have been made of the papers potential consequence on national defense and security. (Peter Schrag, 1974) The New York Times and The Washington Post hailed the ruling as a conquest for freedom of the press, and resumed publication of excerpts of the Pentagon Papers on July 1. Even though the Nixon Administration had succeeded in temporarily imposing the first U.S. government prior restraint on newspapers in American history, an event that outdone even the Sedition Act of 1798, the effort to control leaks by judicially restraining the press did not stick. In the view of the administration, something else had to be done to defend executive prerogatives over the dissemination of information. The setback at the Supreme Court did not discourage the Nixon Administration from following criminal charges against Daniel Ellsberg. The White House had recognized Ellsberg as the person accountable for the Pentagon Papers leak almost instantly after publication of the documents. (Peter Schrag, 1974) Ellsberg was first accused on June 25, 1971. He surrendered to U.S. authorities in Boston on June 28. Not completely content with the strength of its case, though, the administration continued to look for incriminating proof, both legally and illegally, and to look at its prosecutorial options. Throughout the Labor Day holiday, members of the White House Plumbers unit burglarized the office of Ellsbergs psychiatrist in an effort to get information that may be used to damage Ellsbergs trustworthiness and cast doubt on his motives. (Daniel Ellsberg, 2002) On June 19, the FBI questioned Anthony J. Russo regarding his role in the release of the Pentagon Papers. Russo refused to answer FBI questions. On June 23, he was subpoenaed to give evidence before a federal grand jury in Los Angeles. In spite of a grant of immunity, Russo declined to testify unless his testimony could be made public. On August 16, he started serving a 47 day jail term for contempt of court. On October 1, U.S. District Court Judge Warren J. Ferguson released Russo from prison and ordered the government to offer Russo with a record of any testimony he might be needed to give to the grand jury. Assistant U.S. Attorney David R. Nissen held the order to be unlawful and refused to obey it. Russo once more declined to testify before the grand jury. On December 29, 1971, the grand jury issued a new, secret indictment in the Pentagon Papers case; one that added new charges aligned with Ellsberg and as well included criminal charges against Russo. (John Prados and Margaret Pratt Porter (eds.), 2004) The defendants were charged with 15 counts of criminal conduct, together with conspiracy, espionage, as well as conversion of government property (theft) for photocopying in 1969 substantial portions of the Pentagon Papers. In contradiction of a common belief, Ellsberg and Russo were not accused for giving the Pentagon Papers to any newspapers or for making the documents public by any means. They were accused for temporarily removing the Pentagon Papers from the premises of the RAND Corporation in Santa Monica, California, plus for photocopying the documents at an advertising agency owned by Russos friend, Lynda Sinay. Listed as unindicted coconspirators were Lynda Sinay and Vu Van Thai, a former South Vietnamese ambassador to the United States. Thai had clearly been present at one of the photocopying sessions. The charges against Ellsberg carried utmost penalties of 115 years imprisonment plus $120,000 in fines. Those against Russo carried maximum penalties of 35 years imprisonment and $40,000 in fines. Throughout the trial, though, U.S. District Court Judge William Matthew Byrne, Jr., directed an acquittal on one espionage count each against Ellsberg and Russo. (Daniel Ellsberg, 2002) There are numerous reasons for thinking that the trial of Ellsberg and Russo-popularly recognized as the Pentagon Papers Trialwas a case of selective prosecution undertaken for political reasons. For one, Ellsberg and Russo were the first citizens in American history to be criminally prosecuted for activities related with a leak of classified information to the public. Second, the leaking of classified information by public officials from the president to low-level subordinates had been, as it carries on to be, a common practice. Political warfare may not be the suitable term in this case; however even so, political warfare is a common motivation for leaking secrets, whether it is by presidents, national security advisers, or persons outside an administration. In addition, a full compilation of available documents was soon published by Beacon Press with the assistance of Senator Mike Gravel. (David Rudenstine, 1996) Third, no members of the press, who in fact published the documents, were accused by the government. Certainly, the condemnation of Ellsberg and Russo steered obvious of any probable collision with the press by limiting the supposed criminal behavior to the period of March 1969 to September 1970, a time period that ended more than nine months before the publication of the Pentagon Papers. Fourth, no effort was made to impeach other private citizens formerly associated with the Lyndon Johnson Administration who possessed copies of the Pentagon Papers, or portions thereof, and who debatably drew on those documents, directly or indirectly, for books, articles, and speeches. The accessible records of White House discussions of how to proceed against Ellsberg propose that the decision to prosecute was a political approach intended to make an instance of him. The administration wished to stem what it viewed as a rising tide of sensitive leaks by indirectly intimidating others who might consider disclosing information to the press. The main problem facing the administration was one of finding a statutory foundation for prosecution. To do so, the U.S. Department of Justice had to bring to bear on the case considerable creativity. All charges involved novel interpretations of standing statutes. The Pentagon Papers Trial started in Los Angeles on July 10, 1972, with selection of the jury. On July 24, Judge Byrne exposed that the government had filed a wiretap transcript of a conversation by a member of the defense staff, however ruled that the contents need not be disclosed for the reason that they did not bear on the case. The defense appealed the ruling to the U.S. Supreme Court. The trial was stayed until November 13, when the Supreme Court upheld the judges ruling. Instantly afterward, the trial was again stayed when the defense appealed for and got dismissal of the jury. Selection of a new jury started on January 8, 1973. (John Prados and Margaret Pratt Porter (eds.), 2004) On May 11, 1973, though, near the close of testimony, Judge Byrne dismissed all charges against Ellsberg and Russo, and affirmed a mistrial due to improper government conduct which affronted a sense of justice. Among other things, the White House Plumbers had burglarized the office of Ellsbergs psychiatrist in 1971; FBI wiretap transcripts of telephone conversations by Ellsberg in 1969-1970 had disappeared; on numerous occasions the government had failed to make a timely disclosure of exculpatory evidence; and presidential assistant John Ehrlichman had flown to Los Angeles in April to offer Judge Byrne the directorship of the FBI. A poll of the jurors after the mistrial indicated that most would likely have voted for acquittal if they had had the opportunity to decide the case. Conclusion The Pentagon Papers trial was a political trial in the classic sense. It was as well a prosecutorial attempt that conformed to the Nixon Administrations often extraordinary constitutional asserts to power and its offhand disregard for the Rule of Law. The decision to prosecute was a high-level one made by the president, plus the charges brought against Ellsberg and Russo symbolized a creative political construction of statutes intended to make a noncrime into a crime. The proof is in the pudding, so to speak. The concern of the Nixon Administration with leaks was so great that, besides the Pentagon Papers trial, it required to attain the same ends in its proposals to the Congress to reform the federal criminal code. All the legal issues rose in the Pentagon Papers trial and the creative constructions of statutes used to prosecute Ellsberg and Russo were contained in the administrations criminal code reform proposals. Those proposals, if passed, would have provided a firm base in criminal law for prosecuting persons for disclosing classified information to the public, and would have banned defendants from raising such questions as ownership of information and the propriety of any government classification of documents. Improper classification would have been no defense against criminal charges. The Congress rejected the presidents proposals, Nixon resigned from office, the imperial presidency came to an end, and the Vietnam War as well came to an shameful end two years later, however the issues raised in the Pentagon Papers trial have continued to haunt public life, affecting every administration since Nixon. For the reason that Judge Byrne elected to defer rulings on the substantive legal and constitutional issues until the end of the trial, the mistrial left all the issues judicially unresolved. Therefore, the possibility of prosecution continues to stand as a probable threat to citizens who disclose classified information to the general public, though any decision to prosecute, and the foundation for doing so in cases similar to the Pentagon Papers case, carries on to remain in the realm of politics rather than statutory law. The state of the law, as it now stands, neither permits nor prohibits a president from prosecuting persons who leak classified information to the American press. A key question for Americans, then, is whether the issues raised by the Pentagon Papers trial can be resolved legislatively or judicially. Even though it is usually recognized, as John Jay argued in The Federalist nearly 200 years ago, that executive secrecy is sometimes essential for the conduct of effective foreign policies, it is hard to reconcile in any precise way the practice of secrecy with the openness required for democratic policy-making. Legislative and judicial solutions would necessarily be flawed, and conceivably dangerous to democracy, since one cannot say in advance and thoroughly what sorts of information must be kept secret. Even authentically sensitive national security secrets might occasionally have to be exposed so as to root out malfeasance or otherwise protect the public good. Given that officials already err on the side of secrecy when they can get away with it, any further encouragement via legislation or judicial support may intensify the problem. The capability of presidents and their agents to protect secrets that are genuinely fundamental to the security of a democratic nation can easily be expanded to protect secrets that are very important merely to the power and interests of public officeholders. Therefore unless there is to be no secrecy, reconciliation of the need for secrecy with the prerequisites of democracy requires, in the final analysis, public-spirited officials who are capable and keen to exercise sound judgment footed on honest assessments of the national interest as determined by democratic processes. Such was not the case in 1971. References: Daniel Ellsberg. Secrets: A Memoir of Vietnam and the Pentagon Papers; Viking Adult (October 10, 2002) David Rudenstine, The Day the Presses Stopped: A History of the Pentagon Papers Case. Berkeley and Los Angeles: University of California Press. 1996 John Prados and Margaret Pratt Porter (eds.). INSIDE THE PENTAGON PAPERS, Lawrence: University Press of Kansas, 2004. Peter Schrag. Test of Loyalty: Daniel Ellsberg and The Rituals of Secret Government. New York: Simon and Schuster. 1974. Sanford Ungar, The Papers and the Papers (New York: Dutton, 1972).

Counselling Rape Survivors

Counselling Rape Survivors According to the Home Office findings, Rape is defined as ‘forced to have sexual intercourse (Vaginal or anal penetration)’. The legal definition stipulates it to be ‘penile’. In general terms, rape is an act of aggression and violence against another; it is not an act of sex but is one of specifically dominance and power. Key points of the findings of the Research, Development andStatistics directorate of the Home Office published in 2002 are listedbelow. 0.4% of women aged 16 to 59 in England and Wales said they hadbeen raped in the year preceding the 2000 BCS, an estimated 61,000victims. 0.9% of women said they had been subject to some form ofsexual victimization (including rape) in this period. Around 1 in 20women (4.9%) said they had been raped since age 16, an estimated 754,000 victims. About 1 in 10 women (9.7%) said they had experiencedsome form of sexual victimisation (including rape) since age 16. Age is the biggest risk factor for experiencing sexual victimisation; women aged 16 to 24 were more likely to say they had been sexually victimised in the last year than older women. Women are most likely tobe sexually attacked by men they know in some way, most often partners(32%) or acquaintances (22%). Current partners (at the time of theattack) were responsible for 45% of rapes reported to the survey.Strangers were responsible for only 8% of rapes reported to the survey.18% of incidents of sexual victimisation reported to the survey came to the attention of the police; the police came to know about 20% of rapes. 32% of women who reported rape were ‘very satisfied’ with theway the police handled the matter, 22% were very dissatisfied. Lessthan two-thirds (60%) of female rape victims were prepared toself-classify their experience as ‘rape’ and less than three-quarters(70%) of women who self-classified themselves as having been victims of ‘attempted r ape’. Amnesty international reported that there were 14,000 recorded rapesin 2003 and 11,441 recorded rapes in 2002, representing a 8% increase.According to the Home Office, in the year ending March 2003, the totalnumber of sexual offences recorded by police in England Wales was 48,654, a 17% rise over the previous year. A victim of rape feels the fight or flight response that humans have built-in; which means that when the incident is over, one is leftwith a feeling of devastation, exhaustion, confusion, sadness, etc. The lingering psychological disorder is called Post Traumatic Stress Disorder (PTSD). The most effective therapeutic approach for long-term,severe PSTD appears to be talking treatment sessions with a clinicalpsychologist, in which the person is encouraged to talk through theirexperiences in detail. This may involve behavioural or cognitivetherapeutic approaches. Antidepressants may also be prescribed torelieve concurrent depression, a common feature in survivors, andenable the person to get the most out of any psychological treatment.Counselling may be helpful too in the early stages of recovery,particularly from counsellors experienced in the treatment of PTSD. Before we go into detail on counselling for rape survivors, it is essential to take into account the effectiveness of counselling in general. According to the Department of Health (2001), Counselling hasbeen defined as â€Å" a systematic process which gives individuals anopportunity to explore, discover and clarify ways of living moreresourcefully, with a greater sense of well-being †. The use ofcounselling as a means of responding to people in distress and turmoilhas been increasing rapidly in recent years. This has generated adebate on the effectiveness of counselling process itself. The methodsof evaluation of effectiveness is also highly controversial. Theconcerns in the qualitative and quantitative evaluation is discussed indetail later. Bondi summarises from her reports on controlled trials conducted inhealth care settings. They seem to indicate that counselling is aneffective intervention, clinically and economically. Its costs andbenefits are broadly comparable to those of antidepressant medication. Moreover, it seems to be a popular choice with many patients. Cautionis sometimes attached to the results of these trials. This may be dueto the fact that it only involves a small trial when compared to thelarge trial group of medication. Studies of counselling in othersettings indicate a high level of satisfaction among clients. Bondialso writes that there is good evidence to suggest that counselling hasa capacity to reduce demand on psychiatric services. This is becausecounselling prevents less serious problems from becoming more seriousand helps people to maintain reasonably good levels of mental health. Choice of treatment of survivors of rape has been one of increasing significance within health care and also highlights the need toconsider factors other than clinical and cost-effectiveness.Counselling is not the only form of talking treatment available. Otherforms of talking treatment include psychotherapy, cognitive behaviourtherapy, self-help groups and support groups. Counselling attaches a great significance to the autonomy of the victim and therefore it cannot be administered to the unwilling. The success of counselling, therefore, depends on active participation. For counsellingof rape victims, feelings caused by abuse may be quite overwhelming and difficult to deal with. The Department of Health (2001) has recommended counselling as one of the types of psychological therapy for depression, anxiety, panic disorder, social anxiety and phobias andpost traumatic disorders. These problems can be mainly related tosurvivors of rape. The National Center for Victims of Crime (2004) recommends that counselling can help cope with the physical and emotional reactions to the sexual assault or rape, as well as provide necessary information about medical and criminal justice system procedures. According to the reports by the Brunel University (2005) on sexual abuse and rape, sharing experiences in a safe, understanding and confidential setting may help to manage their feelings by being heard and taken seriously.   Counselling enables to make sense of the present, in relation to the past.   Some survivors of sexual abuse maybe plagued by memories in the form of distressing flashbacks, mental images or nightmares.   Talking about the images and memories while being heard and supported will often ease the problem.   It may beeasier to share incidents and feelings with a professional counsellorconfidential, rather than a friend. Some people prefer to talk to ahelpline so they do not have to face the person they are disclosing to.    According to Bondi’s summary of her studies on the effectiveness ofcounselling that sceptics often voice doubts of counselling because itappears to involve nothing other than one (or two people) â€Å"chatting† toa counsellor. However, in spite of these doubts, communication takesplace when counselling is effected, whereby a special kind ofrelationship is developed between the counsellor and the victim. Bondiattributes this to the fact that human beings are social creaturescapable of connecting with others. It is worth to note that allapproaches to counselling share a commitment to apply insights andunderstandings about the importance of these connections to offertherapeutically effective relationships. Impacts of counselling on rape survivors often depends on the development of a helpful working relationship between the counsellor and survivor.   According to the STAR findings, some women feel nervous and unenthusiastic about seeing a counsellor. Therefore, it is essential that they feel relaxed and comfortable to be able to talk freely. Setting up of a pace comfortable for the victim is important as it recognises the interlinked nature of people’s lives (Skinner andTaylor,   Home Office report 51/04).   According to Bernes (2005), effective counselling leading to a good counsellor-victim relationship follows the following dynamics. They are an emotionally charged, confiding relationship between the patient and therapist; warmth, support and attention from the therapist in a healing setting; a positive therapeutic alliance between patient and therapist; a new rationale or conceptual scheme offered with confidence by the therapist; the passage of time; installation of hope and expectancy and finally techniques consistent with patient expectation and efficacy. Common process strategies in counselling include gathering sufficient information, listening well and with understanding, helping the individual reflect and gain insight, helping in decision-making and goal setting, and providing options and ideas for client consideration (Korhonen). According to the Home Office reports on the STAR scheme, the data collected from the survey did not give any indications that anyone counselling technique works better than another.   Methods likedrawing or making lists of feelings, events, concerns and workingthrough them were found to be effective by some rape survivors. Some found making plans for the future, for example, symbolic moves such aschanging the dà ©cor of the room seemed to indicate a new phase in their lives.   Others indicated that a flexible integrated approach with respect, a respectful politeness, support and even the smiling face of the counsellors seemedto have helped them. The need for administering couna respectful, supportive and caring environment is also essential. Also, them cope development of a programme of work that enabled them to look at themselves in a logical, positive and respective manner athem cope with their emotions and move forward at their own pace is essential. The university of Dundee has introduced a computer counsellingtechnique called ‘ENHANCE’ for rape victims. Often, women who have been raped find it hard to talk about their feelings and research evidence shows that in sensitive and potentially embarrassing areas of human functioning, some people may find it easier to talk openly to acomputer. ENHANCE,   a computer based facility which includes a diaryfacility for free writing, a visualisation tool to describe feelingsand graphic manipulation and exploration, an information base to accessa range of supportive information, leaflets and contacts and the optionof what to destroy or save it for later reference. Further work is being done to develop ENHANCE and the researchers feel that their workcan be transferred to other agencies in future. Furthermore, it is inan early stage to be assessed for effectiveness. Computer counselling is, therefore, new and brings to attention to the fact there is very few online support avail able for rape survivors. This can be a good sourceof data for qualitative research as it reduces some of its ethical risks which are discussed in detail later.  Ã‚  Ã‚   It is very difficult to assess the effectiveness of counselling forrape survivors as due to the dilemmas in relation to the ethicalpractises of counselling, training and qualifications of counsellors and the evaluation of counselling and little published information.Counselling services are offered in a wide range of settings, which influences the kind of outcomes (Bondi). Bondi, in her review ofdifferent counselling orientations writes that similar effects may beusually reported. This is consistent with the argument that it is thequality of the therapeutic relationships offered by the counsellorswhich determine the effectiveness of counselling.   Effectiveness of rape counselling can be studied by either qualitativeor quantitative research. McLeod (2000) reports from his paperpresented at the 8th Annual International Counselling, University of Durham that counselling in Britain at the beginning of the twenty-first century does not have a clear vision of the role of research. It is worth mentioning that very few studies have focussed on research methods to measure effectiveness of counselling for rape victims. McLeod also reports that, in general, published studies of counsellingand therapy in dominated by quantitative research like up to 95%. Ingeneral, cultural assumptions are concerned with the development ofmethods that are valid and reliable.   Quantitative research reduceshuman experience and action to variables. Hypothesis are framed interms of the relationships between these variables, which can often beinterpreted a rational voice allowing no expression of feeling orpersonal experience (McLoad, 2000).   There has been no reports  relating to quantitative research on counselling for rape. Qualitative research has been used lately in the health care settingsand voluntary organisation for rape survivors. Qualitative research refers to research conducted in an interpretive or critical tradition. Research conducted in this tradition generally includes ethnographies, naturalistic observation or intensive interviewing studies, and usessome type of content analysis of words or texts to generate themes, which summarize the results of the study. The goals of qualitative research are not usually to generalize from the findings to some largertruth, but rather to explore or generate truths for the particular sample of individuals studied or to generate new theories. There is often an emphasis in qualitative research on perception or livedexperience.  There   are quite a few ethical concerns in qualitative research of assessing the effectiveness of counselling of rape victims.   Knapik (2002)in his paper summarises the ethical concerns of qualitative researchwhich mainly rev olve around an assessment of benefit versus harm,confidentiality, duality of roles, and informed consent   It is oftenassumed that qualitative data does not involve physical manipulation orintrusive procedures on victims. But it can pose certain risks to the victims.   Moleski and Kiselica (2005) highlight the dangers of a dual or multiplerelationships between the counsellor and victim. During research involving in-depth interviews or focus group discussions on such asensitive as rape, the researcher (generally a counsellor, but called aresearcher in this context as the data collected is for the purposes of qualitative research) develops a relationship of trust with the victim. The relationship may be misinterpreted by the participant as atherapist-client relationship. The data may be interpreted in waysunflattering or damaging to participants. It is therefore important toassess the harms and benefits in dealing with real clients. Secondly, risks to individuals participating in qualitative researchmay often not be anticipated. This is because the method and researchquestions are always evolving and changing from the various organisation’s approach to the case. These risks should be made clearto the participants from the beginning and also du ring the course ofthe experiment. Thirdly and most importantly, qualitative research   always generatesquestions on the ability to protect confidential information. Usually, names and personal data are excluded from published results, but quotations, cues from the publications can always identify theparticipant to those familiar with the research. Reasons for this maybe because of the nature of sensitivity of the rape abuse problem,  trial groups always being small and trials being conducted in smallcommunity structures. Reports were published by the Home Office on the ‘STAR young person project’ on assessing the counselling services offered to rape survivors. Young women primarily had a positive counselling experiencebut a small number reported some level of dissatisfaction.   One of the reasons were the short sessions of counselling, as they could not continue working with their counsellors on a long term basis. This indicated the issue of assess to a restricted number of sessions.  Another issue was the pace at which information is disclosed to thecounsellor, as a small percentage of the women disliked gettingstraight to the information or having to answer questions pertaining tothe incidents within a shorter period of contact between the victim andthe counsellor. This may be because a certain time span is needed toestablish a counsellor-victim relationship which varies from case tocase and depends on the severity of the case.       Another small percentage of the STAR participants felt that the counsellor was not equipped to work with areas of the case and thatthey were given unhelpful advise or irrelevant information or help in away which was not the one suited for the particular case. This throwslight on the training issues of counsellors, whether they are properly equipped for the job. Another percentage of the women, said that thecounsellor disapproved of them being late or related issues whichindicate an over-protective or over-controlling issue which can causenegative impacts on the counselling experience. The findings indicatethe need for a more flexible approach during counselling experiences, longer-term counselling and support by the counsellor, proper trainingfor counsellors and more research into counselling methods and theirevaluation.   According to the findings of the British Crime Survey (2002), it isdifficult to assess the level of support for victims of rape due to the small number of victims in year 2001. Also, the British Crime Survey(2002) reports that support services are under-funded, relative tosupport services dedicated to victims of domestic violence. In UK, therapy services for rape survivors are available from charity andlistening services, health services provided by the universities forstudents, NHS and   few religious movements.   In the NHS, there areusually long waiting lists sometimes up to a year for patients toaccess counsellor services. In voluntary and charity services there maynot always be round-the clock assistance for rape survivors. Telephone access is restricted to certain times of the day.   Findings of research on women rape victims are available in a varietyof forms and from a variety of places. Professional journals such as Violence Against Women, the Journal of Interpersonal Violence, Aggression Violence Behavior, Violence Victims, and the Journal of Family Violence include research conducted by psychologists, social workers, sociologists, advocates, and others. In addition to professional journals, findings of research are presented at domesticviolence conferences, described in the popular press, found on websites devoted to ending violence against women, and are available aspublications from government agencies like the Home Office, UK orprivate research organizations (various voluntary organisation’swebsites). Research reports published in scientific journals are subject to peer-review.   Research published in scientific journals thus gives thereader some confidence in the scientific credibility of the researchfindings. Scientific credibility, however, does not necessarily meanthat the findings represent â€Å"the truth†. Research released directlyfrom an organization sponsoring the research does not usually gothrough the peer review process. So there is a real need for independent qualitative research into the counselling services for rape victims in the UK. The UK Home Office should actively engage inindependent evaluation of counselling services for rape victims. The STAR project recommendations the following for future research. There is need for piloting and evaluating peer support systems. New research projects into contexts and circumstances of rape is requiredto throw new light on the academic and practitioner’s knowledge. More research is needed into the needs of victims from internet supportservices while reviewing the current internet support service toprovide guidelines for practise. More creative approaches in regards toservices for survivors were also required. It is also recommended that counsellors be given appropriate training to improve the services to rape survivors. According to Bernes (2005), there are five critical components forbecoming an effective counsellor. The counsellor should have aprofound, genuine and early draw to the field, a profound and genuinefascination to try to understand human nature, cognitive ability, arigorous and quality academic program and major field exposure. There is therefore a genuine need for efforts to be focussed in creating effective counsellors to deal with rape victims. More funding to develop therapy services is required. There is a need to establish infrastructure towards organisations involved in treatmentand care of victims. Further research into the effective processes ofvarious approaches of counselling is recommended. Detailed research isneeded into the qualitative analysis of effectiveness of thecounselling processes. Also, independent qualitative analysis in victimsupport is needed to verify the results. In general, in the UK, counselling for rape survivors have still a long way to go.

Types of Alternative Dispute Resolutions

Types of Alternative Dispute Resolutions Introduction- This factsheet is about the different types of Alternative dispute resolutions (ADR), including advantages and disadvantages for each of them. ADR is a method mostly used for civil cases to deal with legal conflicts and disputes that are resolved privately other than through hearing in the public courts. Binding is a decision of an agreement or promise involving an obligation that cannot be broken. For example, tribunals have a panel of independent people (judge) who will make a decision for them. Non-binding is where the decision of agreement or promise requires both of the parties to come to an agreement. For example, a verbal agreement is considered to be non-binding because there is no legal force. You basically dont have to commit to any agreement, it is optional. Types of Alternative dispute resolutions Tribunals- usually sit as panel, 2 of which are specialised in the dispute that is getting solved and one who us hearing the case and potentially is the judge. However, tribunals have limited power to impose fines and penalties or to award compensation and costs. More than that the parties agree on a non-binding decision- in other words the tribunals can give their own opinion on how to resolve the case but they cannot enforce both of the parties on a legal settlement or a solution. This is similar to a court without the ritual or formality. They are involved in a number of specialist tribunal which bear their name: Employment Tribunals, Immigration Tribunals, and Social Security Tribunals etc. There are many types of tribunals but they may be classed as two main types: administrative and domestic.   Ã‚   Administrative individual v state e.g. Social Security Appeal Tribunal, Immigration Tribunal and Mental Health Review Tribunals. Note: exceptions e.g. Employment tribunals and rent tribunals Domestic Tribunals often set up by professional bodies to deal with in-house- issues and apply rules within that body. E.g. Solicitors Disciplinary Tribunal, GMC, FA, GTC etc Advantages: Solving disputes using tribunals is quite cheap and cost effective as mostly expertise who are specialised in a certain field in civil law reduces the time needed and the cost of using a qualified judge. Disadvantages: Effectiveness Tribunals embrace many valuable assets in aiding the justice system. They are cost effective as tribunals do not charge a fee, and each party pays their own expenses compared to the courts where the loser pays for the legal fees of the winning party. Another way that tribunals are cost effective is the fact that there is no need for a specialized court house for cases to be heard. Tribunals are also less expense because members sitting on tribunal panels are cheaper to employ compared to judges and there is no need for legal representation. Mediation Mediation is Mediation is an effective way of resolving disputes without the need to go to court. It involves an independent third party a mediator who helps both sides come to an agreement. Reference from (http://www.civilmediation.org/about-mediation/29/what-is-mediation-) The role of the mediator is to help parties reach a solution to their problem and to arrive at a result that both parties are content to accept. Mediators avoids being biased, and are not favourable to one party when making judgements or giving guidance. They are basically responsible for developing effective communications and building compromise between the parties. The focus of a mediation meeting is to reach a common sense settlement agreeable to both parties in a case. Advantages: In Civil cases Mediation is quite simple and there are no complex rules therefore the case/dispute is solved efficiently there is a 3rd party involved, but have no active role i.e. no decision making therefore there is no determination of accountability, solution personalised to parties needs. As Parties are paying for mediation it encourages for them to settle to an agreement, because as they are paying for it they have more value for the ADR method they are using. This is also gives the parties are full participants and can express their own views and apprehensions, where in civil litigation the parties legal representative such as lawyers- are the only ones who represent their party unless the party takes the stand and is subject to question by the opposite advocate. The first advantage is that mediation is less costly than civil litigation for many reasons: Most mediators who specialise for example in construction charge by the hour rates and the mediation usually is completed in a short period of time between 1 to 2 days, this also saves time as litigation is more time-consuming. Preparation for mediation is far easier and simpler than is required to prepare for arbitration or litigation, this is because there is not a lot of paperwork needed. lawyers are not necessary but may participate at the request of a party, this makes their case more favourable as the would be a chance that one of the party who had a legal representative wins the case. However, If the parties choose to have a binding mediation, they will have a similar conclusiveness as binding arbitration offers. Which is without the formalities and costs associated with binding arbitration. In many cases, the mediation can be held at the home involved rather than needing to schedule a place/accommodation to visit and if needed, a separate arbitration hearing at a neutral location or litigation that must be held at a court of jurisdiction. In most instances, the mediator is experienced in the issues that are in dispute and can assist the parties in the reality of their opinions and positions, ultimately making the parties settle for an agreement. Lastly, the parties should not face court filing fees and its related expenses. Disadvantages: Even though there are normally no lawyers present at mediation, the agreement between the parties involved is legally binding in most judicial systems. Another disadvantage of mediation is that either party can withdraw from the proceedings at any time. Reference from (https://www.lawteacher.net/free-law-essays/contract-law/advantages-and-disadvantages-of-mediation-adr-contract-law-essay.php) overall mediation is very successful, so there is a very less chance for the parties not to settle and have some sort of agreement. Effectiveness Mediation may be particularly useful when parties have a relationship they want to maintain. For instance, when family members, neighbours, or business partners have a dispute, mediation may be the ADR process to use. Mediation is also effective when emotions are getting in the way of resolution. An effective mediator can hear the parties out and help them communicate with each other in an effective and non-destructive manner. However, Mediation may not be effective if one of the parties is unwilling to co-operate or compromise for an overall settlement. Mediation also may not be effective if one of the parties has a significant advantage in power over the other i.e. may have a solicitor supporting them with their case. Therefore, it may not be a good choice if the parties have a history of abuse or victimisation. Negotiation-is at the core of most Alternative Dispute Resolution (ADR). It has been defined as any form of direct or indirect communication where both of the parties come with an agreement. It involves inspecting the facts of a situation, showing both the common and opposing interests of the parties involved, and bargaining to resolve as many issues as possible. negotiation is done by both of the parties having no third party involved both them alone. The aim is to negotiate and settle their differences by the parties having to compromise for agreement whilst avoiding argument and dispute. reference https://www.skillsyouneed.com/ips/negotiation.html#ixzz4Y7yz37Kf Advantages: It is completely confidential mostly for those people who are going to dispute a civil case and it is the quickest method because if both of the parties come to an agreement then the case doesnt have to go to the courts or need other types of ADR. Negation is much cheaper than taking the case to the court, meaning the parties wouldnt have to pay for lawyers or solicitors or the expenses of a 3rd party. Lastly it allows the parties flexibility in the terms of settlement such as negotiating money or compensation and potentially doesnt cost anything at all. However, no party is required to participate in a negotiation. The parties are free to accept or discard the outcome of negotiations and can withdraw at any point during the process. Also The parties are free to adopt whatever rules they choose, if any. Generally, they will agree on issues such as the subject matter, timing and location of negotiations. Further matters such as confidentiality, the number of negotiating sessions the p arties commit to, and which documents may be used, can also be addressed. Reference from http://www.justice.gc.ca/eng/rp-pr/csj-sjc/dprs-sprd/res/drrg-mrrc/03.html Disadvantages: If the parties cant resolve their problems on their own, their problem will continue unsettled and the parties must consider another process for resolution. This is a disadvantage because cost and expense would occur for both of the parties, and this is very unfair for people or group that are less fortunate to fun for other ADRs. another disadvantage is that, the parties themselves have to research laws and analyse their disputes amongst themselves by representing facts and evidence without legal representatives or 3rd parties. Effectiveness In my opinion negotiation is effective for very minor civil cases such as the tenant has not paid rent for 4 months. Both of the parties can negotiate Arbitration -in such an instance the courts will refuse to hear your claim until arbitration. In the process it may state how arbitration will proceed e.g. date time, venue etc. arbitration s free but the arbitrator will charge fee. An arbitrator essentially acts as a judge would if the case went to the court. The arbitrator will hear the dispute and gather evidence presented by the parties involved and will make a binding decision. The arbitrator essentially acts as a judge would if the case went to court. The arbitrator will hear arguments and evidence presented by the parties involved in the dispute and will make a binding decision to resolve the disagreement. Advantages Arbitration, involves two parties in a dispute who agree to work with a disinterested third party in an attempt to resolve the dispute privately. Arbitration process is fairly quick. Once an arbitrator is selected, the case can be heard immediately. Disadvantages Effectiveness Arbitration is best for cases where the parties want another person to decide the outcome of their dispute for them but would like to avoid the formality, time, and expense of a trial. It may also be appropriate for complex matters where the parties want a decision-maker who has training or experience that are specialist in the subject matter of the dispute. On the other hand, If parties want to retain control over how their dispute is resolved, arbitration, particularly binding arbitration, is not appropriate. In binding arbitration, the parties generally cannot appeal the arbitrators award, even if it is not supported by the evidence or the law. Even in nonbinding arbitration, if a party requests a trial and does not receive a more favourable result at trial than in arbitration, there may be penalties Conciliation Comparable to mediation because there is a third party involved. However, it plays a more active role, e.g. make suggestions on settlement and/ or suggestions on any compromises that should be made within the parties disputes. At some point during the conciliation, the conciliator will be asked by the parties to offer a non-binding settlement proposal. This means that the agreement isnt compulsory and can be denied by the parties if they wish not to settle. Advantages: Conciliation allows the parties to have flexibility as they can choose their own timing and language, place, structure and content of the conciliation proceedings whereas the court gives you their own place, timing and the structure of content for example- whatever the date of the hearings, the party would have to be present there and then. As a conciliator you do not need a professional background i.e. any qualifications. Both conciliation is analytical and make a fair judgement. However, the process for conciliation is not legally binding so both of the parties do not have to negotiate a settlement. On the other hand, if the parties where solving their disputes in the court, it would be a process that is legally binding so the judges will decide on the settlement and they both have to agree with it. Disadvantages: Effectiveness Conclusion