Day V Caton

Day v. Caton 119 MASS. 513 1876 FACTS: Plaintiff Day built a wall between two adjacent estates in Boston and required defendant Carton to pay for a portion of the wall. On the other hand, defendant Caton claimed that there was no express contract between Plaintiff Day and himself whereas his silence did not insinuate any promise to pay anything for it. In the trial court, the jury found for Plaintiff Day and defendant Caton filed the appeal. ISSUE OR QUESTION:Was the fact sufficient of itself to establish the existence of a contract? Whether the silence of a party seeing services which actually the party got the benefit DECISION: Upheld REASON OR RULE 1) NO. The fact that the plaintiff expected to be paid for the work would certainly not be sufficient of itself to establish the existence of a contract. Because the plaintiff expected to be paid for the brick wall ,though the defendant did not know that the plaintiff was acting with that expectation. ) Yes. Although a promise to pay fo r the wall would not be implied from the fact,which the building of the wall was not in accordance with the request of the defendant,the silence of defendant Caton was treated as evidence of an acceptance of paying for the wall. The defendant had the opportunity to reject the building of the wall , instead, he stood by in silence and saw valuable services rendered upon his real estate by the erection of a structure.A PERSONAL COMMENT In this case, the jury found for Plaintiff Day. I also agree with the decision. However, I want to emphasize that I think this lawsuit can be avoided. If plaintiff Day and defendant Caton can write down an agreement before building the wall, they will have an express contract. Plaintiff Day also can acknowledge defendant Caton that he will require a payment. ZHIBO ZHOU 02/03/2012

Strategic Alliances: A Competitive Necessity

The past two decades has been an era of global evolution, in which the globalisation of markets, the convergence of and rapid shifts in technologies, and the breakdown of many traditional industry boundaries, has rendered strategic alliances a competitive necessity (Ohmae, 1989). A single firm is unlikely to possess all the resources and capabilities to achieve global competitiveness. Therefore, collaboration among organisations that possess complementary resources is often necessary for survival and growth (Dussauge, Garrette and Mitchell, 1998).Defined as a long-term, explicit contractual agreement pertaining to an exchange or combination of some of a firm's resources with another firm(s), strategic alliances allow firms to share risks and resources, gain knowledge and technology, expand the existing product base, and obtain access to new markets (Burgers, Hill and Kim, 1993; Dacin, Hitt and Levitas, 1997; HagedoornAlthough the benefits of strategic alliances are well documented, w hether strategic alliances can be a viable entry strategy option for small and medium-size enterprises (SMEs) to successfully penetrate markets held by major incumbent suppliers is less clear.In this paper, strategic alliances are shown to be an effective entry-cum-deterrence strategy for SMEs to successfully penetrate markets that are well established and dominated by major corporations. In addition, the conditions under which SMEs can use strategic alliances as an entry strategy without restricting themselves to target only those markets ignored by bigger firms are identified.In terms of methodology, this paper follows a deductive approach – one based on game theory, to examine explicitly the reactions of bigger firms to the entry of SMEs into their markets, specifically taking into account the resource limitations faced by SMEs. To verify that the theoretical arguments presented are consistent with practice, two cases of the use of strategic alliances by SMEs as an entry s trategy to penetrate markets dominated by major corporations are examined. The practices and experiences of these SMEs were found to be consistent with the theoretical arguments presented here.

Internet Lingo Essay

Internet lingo or Internet slang (also known as ‘netspeak’) refers to a set of words, phrases, and acronyms used primarily in casual communication over the Internet. Its elements were created and made popular by Internet users themselves. Characteristic of netspeak are acronyms for phrases, like â€Å"LOL† (laughing out loud), â€Å"ROFL† (rolling on the floor laughing), and â€Å"OMG† (oh my god. Netspeak has expanded to include full words as well—words like â€Å"blog†, â€Å"flame†, â€Å"online†,   and â€Å"haxor† are only a few of the many words that the Internet has given birth to. A special set of Internet lingo, called â€Å"emoticons†, or â€Å"emotion icons†, also exists. These are the familiar â€Å"smileys† like â€Å":)† or â€Å"=)†, wherein the colon or the equals sign stand for the eyes, and the parenthesis symbol the mouth. The exact date of the first usage of Internet slang is somewhat difficult to determine, but its beginnings can be traced back to the 1980s, during the days of Usenet (Anderson 1996). They were perhaps meant to ease the load on users to type so much so they could say more in a smaller amount of time and effort, and was also perhaps a means to signify their statuses as Internet users. From there, it spread all across to what the Internet is today—from message boards, to chatrooms, to instant messaging—it has become a ubiquitous language in the World Wide Web, understood by any Internet user. One of the original purposes of Internet lingo (which it still serves well even today) it to save the user a few keystrokes. The reason why a large part of Netspeak consists of cryptic acronyms is exactly this. For instance, an Internet user in the middle of a chat, needs to leave abruptly, but is not disrespectful as to leave his friends without so much as saying a word. He would like to say that he will talk to them some other time, but â€Å"talk to you later† is such a long phrase that may take even longer to type if said user is not very good at typing. Instead, he will type â€Å"ttyl†, which stands for the original message in his mind, and saves himself a few more seconds. His friends, able to decipher his message, acknowledge, perhaps with a â€Å"k† (â€Å"okay†) or â€Å"cu† (â€Å"see you†). Most of Netspeak functions this way, and there are a great many acronyms which stand for equally numerous messages, all serving to save the user some time and effort.   Emoticons were invented to enable Net users to express emotions and feelings over the Internet. Since the users most likely do not see each other while communicating online, emoticons are important when words are no longer enough to express a feeling. The regular smiling face, â€Å":)†, is the most popular, and usually means that the other person is pleased or feels happy. It is difficult to list all of the existing emoticons as there are simply too many, at least one for almost every expression, and even for non-expressions. They, too, can also serve to save some time and a few keystrokes. For example, instead of saying â€Å"I am sad,† the user can simply use â€Å":(â€Å". Or, he can use them at the end of a sentence to more effectively convey what he feels: â€Å"I am mad at you! >:(â€Å" However, the latter purpose seems to have weakened nowadays—if someone sees the sentence in the previous example, he would not believe that the person is actually angry or displeased; rather, he would think that the person at the other end is using the smiley to achieve a comical effect. Like in any group or subculture, a means to indicate that one understands or one belongs is necessary in order for one to be truly part of that group. This is another purpose of Internet slang: it lets people identify themselves as part of the Internet culture. Like a secret handshake, knowledge of this language is more or less required for one to be a true â€Å"Netizen†Ã¢â‚¬â€an Internet denizen. In fact, one can observe that some groups in the Internet will even go as far as mocking those who has little knowledge about the words or phrases, or if he misuses them. In instances like these, the misinformed user will be referred to as a â€Å"n00b†, a derogatory term derived from the word â€Å"newbie†, which means a newcomer (Wikipedia 2007). With the rising availability, affordability, and popularity of computers and Internet access, Netspeak has found itself a wider user base than ever before. Indeed, this language has become so popular that it has begun to creep into people’s offline lives—popular acronyms like â€Å"LOL† and â€Å"WTF† (both of which can be typed in lowercase, as well as most other Internet acronyms), as well as many of the words can be found in mobile text messages, in television and movies, and even in the spoken language. However, teachers and other academic personnel and proponents are not too keen on this new language. Many people seem to regard this spread of Netspeak as nothing but harmful and degrading to intelligence, especially those of students. Jodi Schenck (Arditti  ¶;3), a high school teacher at the Rothberg Comprehensive High School in Israeli, recounts her students using Netspeak in academic writing: using the symbol â€Å"4† instead of â€Å"for†, using the letter â€Å"u† instead of spelling out â€Å"you†, and acronyms like â€Å"LOL†. It is also difficult, according to Schenck, to prevent the students from doing this (Arditti  ¶;3). To many teachers, like Schenck, Netspeak is corrupting the English language and is detrimental to a student’s intelligence. The problem is that it is so popular, and sometimes people might not be aware of the fact that they are already using them outside of the Internet, or that they are not acceptable in writing. Internet slang, much like regular slang, are only meant for use during casual conversations (or in the case of Netspeak, chatrooms and informal emails and messages). However, some people will disagree. As it resembles a new language on its own, linguists will give it due treatment, and defend it. Professor David Crystal, a linguist, in fact thinks that it is not a corruption but an enhancement to the English language (NPR 2007). He believes that it adds more variety and a wider choice for speakers and non-speakers alike of English by extending the range, expressiveness, and richness of the language. This is yet another purpose of Internet lingo. It may be necessary, however, to limit its use to casual conversations only. Students should still be required to differentiate between formal and informal speech, and when either should be used. Since Netspeak is considered a form of informal speech, it should stay away from formal and academic papers. The adoption of phrases and terms used in the Internet as a form of language is a fairly recent move. Due to its many purposes—as a time-saver, as a way to express feelings and emotions where it was otherwise impossible, as a symbol of belonging, and as an enrichment to the language—Internet slang, Netspeak, or Internet lingo deserves its place in the English language. It serves its purposes well, and are actually quite useful to know, especially now when almost everyone is using the Internet and this form of speech. It may still be confusing to some people, and may be misused at some places, but through proper education, the ubiquity of Internet slang should not pose a threat to corrupt the English language. Works Cited: Anderson, Andrew. â€Å"Usenet History.† The Network Administrator’s Guide.1996. 27 June 2007. . Arditti, Avi. â€Å"When Netspeak Enters Formal Writing, Teachers are Anything but LOL.†   NewsVOA.com. 2007. 25 June 2007.   . Ulaby, Neda. â€Å"OMG: IM Slang is Invading Everyday English.† National Public Radio. 2006. 25 June 2007. Wikipedia. â€Å"List of Internet Slang Phrases.† 2007. 27 June 2007. .

Final Essay Example | Topics and Well Written Essays - 500 words - 19

Final - Essay Example The main aim of the imperialist policies in the British Empire was to assist in the acquisition of many foreign territories. These territories would therefore provide raw materials and the market for the British manufacturers. They also established trade monopolies that would ensure that their export exceeds imports. They believed this would provide foreign income to expand and maintain the empire. After successful wars with the French, Spanish and the Dutch in the seventeenth century, Britain was successful in acquiring most territories in the Caribbean, St Lawrence basin in Canada, parts of Africa for slavery acquisition and the coast of the North America. They developed interest in India and the British government took over the East India Company. Britains control extended to neighbors of India, including Burma and Afghanistan. After the end of the Napoleonic wars in1815, Britain became more powerful. At this time, they acquired Dutch South Africa but were challenged in India due to the eastern and southern expansion of the Russian empire. During this period, the traditional rivals of Britain had been diminished in power and size and so Britain remained the leading empire in Europe. However, the old mercantile empire weakened due to certain factors during the late eighteenth and early nineteenth century. Some of the factors were freeing in slaves held in another part of the empire and colonial associations for greater commercial and political independence. British Empire had several motives in penetration in India. The British investors ventured into certain parts of India in search of opportunities that had significant profits. British intellectuals, including Christian missionaries facilitated the movement that sought to bring western technological innovations and intellectuals to Indians. The Christian missionaries translated the bible

Evaluate emerging trends in organizational behavior related to Essay

Evaluate emerging trends in organizational behavior related to high-performance workplaces and stress management techniques - Essay Example An organizational culture refers to a system of shared actions, values and beliefs that is present among the members of an organization. For example the corporate culture of Apple computers values the importance of innovation and creativity. Stress can be defined as tension from extraordinary demands, constraints, or opportunities (Schermerhorn, et al., 2003). There different stressors that cause stress in the workplace. Some of those stressors include task demands, ethical dilemmas, physical setting, and interpersonal problems. There are different techniques managers are using to deal with stress in the workplace. An emerging technique that is helping a lot of workers deal with stress is wellness programs. A wellness program involves maintaining a balance between physical and mental health. Providing the employees of a company with a gymnasium is an example of a wellness initiative that can help reduce stress in the workplace. People can reduce their stress by practicing relaxation techniques, meditation, or yoga. A simple way managers can help reduce stress in the workplace is by having several short breaks during a workday. References Schermerhorn, J., Hunt, J., Osborn, R. (2003). Organizational Behavior (8th ed.). New York: John Wiley & Sons.

Criminal law problem question Essay Example | Topics and Well Written Essays - 750 words

Criminal law problem question - Essay Example 1Simple criminal damage finds a person guilty of criminal damage if they recklessly destroy or damage property belonging to another person. In order to prove a defendant liable to simple criminal damage the following elements have to be proved: Proving the mens rea in this case would be simple as the events that led to the destruction of $6,000 worth of property were triggered with Archie catapulting the stone. As set out in Roper v Knott  2any diminution in value of property due to a person’s act other than the owner is considered criminal damage. The prosecution in this cases would have the most difficult in proving the mens rea. The prosecution would be burdened with proving that Archie had the intention to destroy the garage or he acted recklessly leading to the damage in the garage. It is clear from the facts of the case Archie’s actions were not intended at causing the damage. Therefore, the prosecution would have to prove Archie acted recklessly in hitting the bus with the stone. In R v G & R recklessness can be proved; if Archie was aware of the risk of the stone hitting a vehicle on the road adjacent to the park existed3. Secondly, if he was under circumstances that made it unreasonable for him to take the risk. Under the reasoning in R v G & R  4, Archie could not appreciate the risk of damage because of his age. In R v G & R it was ruled that a defendant’s age, experience and knowledge must be taken into consideration while determining if they acted recklessly5. Therefore, Archie can use his age as a defence against the charge of simple criminal damage. Therefore, the prosecution would not be successful in convincing the court, Archie is liable to any criminal offense. In this case, Barry aims and fires his high powered air rifle with the intention of teaching his neighbour Siegfried a lesson. The previous night, Barry had not slept as Siegfried had played dubstep music the whole night. The impact of Barry’s

Different modes of interpreting treaties between North American Essay

Different modes of interpreting treaties between North American Aboriginal Peoples and the Crown - Essay Example Hence treaties between the aboriginal people and the crown establish a moral basis and a moral and constitutional basis of alliance between the people of the first nation and the sovereign institutions of Canada. The treaties which they have made are right important to the Canadian natives because they perceive them to be sacred. The binding character and the sacredness of their treaties with the crown is not to be primarily found on the legalistic language or the signature marks which adorned the treaty documents. The sacredness of the aborigines treaties were rooted in what they referred to as the aboriginal languages (Canadian natives), at the time when they were negotiating the treaties with the crown, deliberations were usually accompanied with an exchange of some presents which were symbolically significant or by smoking a sacred pipe. On the side of the crown the basic principles of treating making was initiated by King George III. Most recently these treaties have been interpreted differently by different institutions such as the courts. The discussion in this paper will include the literal approach, focusing on the written version of treaty presented by the Government of Canada; "spirit and intent" approach, focusing on the Indian understanding of the treaty terms and the oral account of the treaty; and the legal interpretation of treaties by Canadian and International courts. The writer will also suggest the mode of interpretation which it’s perceives to be more accurate or correct. The binding character and the sacredness of treaties on the Aboriginal side is not to be found in the legalistic language or in the signature marks which adorns the documents of the treaty, (Bear 1991 p. 8) Instead these treaties forces are rooted in what is shown by the aboriginal languages during negotiations when treaty signing were

The Eden project Assignment Example | Topics and Well Written Essays - 2000 words

The Eden project - Assignment Example The prime objective of Eden project is to enhance the awareness of greenery within the economy of UK thereby reducing the impacts of pollution and harmful gases. However, the initiative of Eden project became successful mainly due to the sheer intelligence and confident nature of Tim Smit. This acted as a boon for the project thereby amplifying its popularity and prosperity in the entire globe. Apart from this, the bureaucratic structure of the project of Eden is also another effective cause for its success. It helped in proper allocation and standardization of the tasks such as (allocation of funds, commercial loans sanctions etc) so as to amplify the intensity of success thereby reducing the defects or negative impacts. This helped in improvement of the level of inspiration and devotion of the supporting team members such as Danny Almagor, Deon Kamien, Malki Rose, Tracie Olcha, Amanda Miller and Romy Grace. Along with this, such type of organizational structure also helps in enhanc ing the interpersonal relationship among the members thereby reducing the range of arguments and conflicts. This is mainly due to the presence of extremely clear and defined roles and responsibilities to the members of the Eden project (Vidal, 2004). Along with this, in a bureaucratic structure, the members of the organization or project include very less authority to present any sort of suggestions or ideas regarding its betterment. As the entire control and power is within the hands of the hierarchy i.e. the board members as well as Tim Smit. This is mainly because in such type of organizational structure, the manager or organizer (Tim Smit) is the most powerful person as compared to others. And he is responsible to delegate all sorts of activities and policies within the team members or architects. And so the engineers or architects are bound to follow his ideas and thoughts for the betterment of Eden project. In Eden project, all the members had to obey the orders and responsibi lities delegated by Tim Smit, as he is the supreme authority to assign the varied types of responsibilities among the members of the team as compared to other Pre-bureaucratic or post bureaucratic organization structures. Moreover, in this type of organizational structure, the head or founder (Tim Smit) presents varied types of ideas and suggestions such as (utilization of commercial loans for the betterment of the operations) so as to enhance its level of supremacy and reputation in the market among others. Along with this, high level of contribution and commitment of Tim Smit towards implementation of the idea of Eden project to enhance the level of awareness towards green and sustainable planet proved extremely effective for the economy of UK. Hence, it might be clearly depicted from the above mentioned paragraph that the success of Eden project is mainly dependent over its hierarchical structure and uniform culture. Other than structure, the culture of the organization of Eden p roject is extremely uniform and homogeneous. It is mainly due to the hierarchical structure in which, a single individual is the delegating authority, i.e. Tim Smit. Each and every decision and suggestion is presented before him by all other members, so as to get his accent. Moreover, by doing so, all the members associated with the Eden project might become aware about the information and may also present their

Finance Dissertation Example | Topics and Well Written Essays - 12000 words

Finance - Dissertation Example These sorts of scandals caused several studies in which scholars and financial analyst tried to identify the content of information that the directors usually possess through which the directors were able to generate higher profits in the stock market. This paper clarifies whether directors outperform their business markets whenever they trade, when they buy, or when they sell. The research paper also establishes the characteristics in transaction level, the firm level, or the director-level, which determine the directors’ trade profitability. Based on the same, hardly any existing studies provide adequate empirical evidence of percentage gain by directors generated by directors in their process of purchasing or selling company shares. The paper also provides that directors are better selling off shares, through insider trading, rather than purchasing them at comparatively lower prices. For testing, data was extracted from the New York Stock and NASDAQ of fifty randomly select ed companies. The insider trading information of these companies for the financial period January 1, 2009 until June 30, 2012 was analyzed. The testing has proved the hypothesis that directors are able to generate abnormal profit through the insider trading sale transactions. 1.0 Introduction In the world of economics and finance, when it comes to financial malpractices, insider trading tops the list. Insider trading is one of the most notorious financial crimes being practiced by managers, directors and other employees all around the globe. An individual who has direct and reliable access to the non-public information about the security can define insider trading as the buying and selling of a security. Insider trading is not always considered as a malpractice or illegal and is subjective to the underlying intention to the transaction. The statement can be further elaborated by considering the fact that if the trader is reaping profits on the basis of such information which is not being public yet, then the insider trading transaction is illegal. In addition, insider trading does not always mean that buying and selling of security is taking place. Providing confidential information to a third party, in exchange of monetary or any other form of consideration, is also illegal. The practice of insider trading is not confined to Directors of any corporation but the practice also prevails among brokers and even the family members of the directors. Although, once the information is public, the inside transaction is not illegal as the parties involved does not derive any unfair advantage over the general public. Media has made the masses at general knowledgeable with the passage of time and they have also equipped themselves with the technicalities of insider trading especially after the cases of Enron and Martha Stewart. The Securities and Exchange Commission of USA has adopted the practice of enforcing strict and practical guidelines which distinguishes legal and illegal trading of the shares by the inside people. Insider trading is not a recent or a latest money making gimmick which has been exploited by the directors and managers to earn higher return. The history of insider trading dates back to the great depression as well. The securities and exchange commission of the United State

“Nineteen Eighty-Four” by George Orwell Essay Example for Free

â€Å"Nineteen Eighty-Four† by George Orwell Essay â€Å"Nineteen Eighty-Four† is George Orwell’s unswervingly grim vision of a dystopian future. The author always intended it as more warning than prophecy, so that even though its title date has passed, its lessons about the dangers of conformity, mental coercion, and verbal deception retain their validity and relevance. The novel depicts a world divided into three totalitarian superpowers that are constantly at war with one another: Oceania, dominated by the former United States; Eurasia, dominated by Western Europe; and Eastasia, dominated by China and Japan. Since the novel belongs to the genre of the dystopia, a negative Utopia, much of its content is necessarily involved in describing Oceanian society—not only in the features of its everyday life, much of which reflects British life in 1948 (a year whose inverted numbers may have suggested the novel’s title), but also in detailed explanations of the historical origins of Ingsoc and Oceania, as well as its official language, Newspeak. Discussion A key ingredient in this chilling documentation of eroding human freedom is its depiction of a corrupted language, â€Å"Newspeak,† Orwell’s brilliant rendering of that degraded language of politicians and sophists which hides rather then reveals truth. (Orwell, 19) Orwell, rather clumsily in the view of some critics, gives much of this information in the form of a book-within-a-book, the supposed handbook of the revolutionaries, and an appendix to the novel itself about Newspeak. The purpose of Newspeak was to drastically reduce the number of words in the English language in order to eliminate ideas that were deemed dangerous and, most importantly, seditious to the totalitarian dictator, Big Brother and the Party. Thought crime, the mere act of thinking about ideas like Freedom or Revolution, was punishable by torture and brainwashing. Newspeak was the sinister answer. A character in 1984 describes it succinctly: Do not you see that the whole aim of Newspeak is to narrow the range of thought? In the end, we shall make thought crime literally impossible because there will be no words in which to express it. The whole climate of thought will be different. In fact, there will be no thought as we understand it now. Is our real world today, at the beginning of the new millennium, so very different on a fundamental level from what Orwell predicted? There have been countless refutations of the 1984 dystopia: Totalitarianism is on the wane, Communism is dead, there is more prosperity, more community, more freedom than ever before. (Orwell, 37) Arguably, on a geo-political level, the global information economy has promoted the causes of peace and freedom, preventing potentially worse atrocities and repression in hotspots such as China and the Balkans. The bottom line is: you have no freedom, no power, you feel no need or desire for freedom or power, and, whats worse you do not even know that you do not have it. Analysis Critics of every aspect along the political spectrum, no matter what their views about the validity of Orwell’s social analysis in â€Å"Nineteen Eighty-Four†, agree on one thing: Considered politically and historically, â€Å"Nineteen Eighty-Four† is one of the most important books of the twentieth century. The bleakness of its vision of a totalitarian society became a profound warning, and Orwell’s accuracy was attested by dissidents in Eastern Europe and Russia both before and after the dissolution of the Soviet empire; Orwell, said a Russian philosopher, â€Å"understood the soul, or soullessness† of Soviet life. Not only did the words â€Å"Newspeak† and â€Å"doublethink† enter the English language but Russians refer to the Novoyaz of Communist Party language. (Orwell, 67) Some critics have pointed out that another layer of meaning exists within the novel. They connect Orwell’s dissection of Oceanian society to his portrayal of his depressing and unhappy preparatory school days, which he discussed in his essay â€Å"Such, Such Were the Joys† (1952). Young English boys were removed from the warmth and security of their families, mini-societies governed by love and respect, and hurled into a world dominated by fear, repression, and an all-pervading sense of guilt. There, Orwell was imprisoned â€Å"not only in a hostile world but in a world of good and evil where the rules were such that it was actually not possible for me to keep them. † In such a society, rebellion or even dissent becomes almost impossible, and even personal relationships are viewed with hostility and suspicion by the ruling â€Å"class,† that is, the masters and proprietors of the school. (Orwell, 81) Conclusion As a true anti-utopian novel, one in which the horrors of totalitarianism are amply illustrated, â€Å"Nineteen Eighty-Four† serves as a poignant reminder of the preciousness of free thought and an open society and whatever the author has predicted in this novel has one way or the other turned out to be true. Works Cited Orwell, George (1949). â€Å"Nineteen Eighty-Four†. New York: Harcourt, Brace Co. pg 15-129.

Impact of Art on Fashion

Impact of Art on Fashion Fashion and art are two disciplines that revolve around the same sphere, which is creativity. The two worlds share a bridge that links the two together. Art in its own aspect has followed humanity through its times and the world of fashion has also been synonymous to it. The two mediums share a close relationship. Fashion has its deep roots set in self expressionism, a means to show the world our personality by way of body adornment and clothing. Art as well tends to articulate the thoughts of the artist across to the spectator, by the colours that have been used to the mood that the artwork brings about. These elements could say a lot about the artist and his personality, just as much as a dark makeup and ripped jeans could say in context to self expressionism in fashion. The dissertation is a study on the influence on art on fashion and how fashion impacts art. It generates from the Period of Rococo, all the way into the modern world, and showcases the significance of art and fashion in the development and harmonious existence of the two subjects. Research Approach Research is defined by Saunders as: the systematic collection and interpretation of information with a clear purpose, to find things out. (Saunders, Lewis, Thornhill, 2003). It is with this theory in mind that I approach my study. Research Methodology In order to tackle the objective I have of how art influences fashion, I will use both Primary and secondary data. Primary Data Is the data which is collected by the researcher himself, by means of observations, interviews and surveys. It is data which has not been published. I will formulate the primary data by way of interviews conducted with artists and fashion designers as well as current fashion design students. Secondary Data Is data that has already been published and already exists in literary sources. They can be in the form of Books, Journals, Public Records, documentaries etc. Secondary data will be gathered by means of books written on fashion and art and design. News paper archives, scholarly journals and magazines will also be sourced. Web pages and blogs discussing art and fashion will also be consulted. Literature Review Art and its influence on fashion, has a very broad spectrum. Art in its own aspect can vary from fine arts to performing arts, from paintings and sculptures to Broadway musicals. When you consider fashion it can deal with an innumerable amount of things, varying from clothing to footwear and jewellery to beauty, hair and makeup. In order to make this study more feasible I limited my scope to Paintings and Womens clothing. I will survey the most relevant and significant literature in relation to my topic. When conducting my literature review I considered literary sources pertaining to the fundamentals of art and fashion. I looked into the history of the two subjects by way of published books and museum explorations. I also looked into books published on how art influences fashion and fashions impact on art. My literary investigation also explores the online world. I used search engines with terms such as Art and fashion and art movements for instance Op-Art and Art deco to generate articles written on the subjects. I went through online archives of news papers and online journals to find any articles written on either fashion or art. Fashion depicted in Paintings The links between art and fashion go back at least to the Renaissance (Boucher, 1988, p. 191). Italian artists during the renaissance period were highly influenced by fashion. Artists of the stature of Jacopo Bellini, Antonio del Pollaiuolo and above all Antonio Pisanello, were not only depicting fashions in their paintings, but also creating costume models and designing textile patterns and embroidery. (Mackrell, Art and Fashion, 2005, p. 5) The 16th Century brought about a new era in world of fashion and art, Alice Macrell states in her book that: The 16th century was the great age of travel and exploration, with a quest for knowledge that included the costume and customs of other nations. This had tremendous results for fashion, as the first printed costume books appeared in the second half of the century, heralding a new visual source (Mackrell, 1997, pp. 14-17) Fashion and art continued in unity from the 16th century to the 17th Century. The interaction of art and fashion continued apace in the 17th century. In France the artists more closely associated with fashion engraving during the reign o King Louis XIII (1610-43) were Jacques Callot, Jean de Saint-Igny and Abraham Bosse. Callots most illuminating, illustrations of fashion were his twelve etchings in the series La Noblesse de Lorraine (1624) in which he observed most perceptively the fashionable dress of dames and seigneurs of his native region. (Gaudriault, 1988, p. 8 and 29) Artists in Europe during the 17th century were finding inspiration in clothing. The Flemish Baroque artist known as Rubens was producing costume studies for his subject paintings and portraits. He then compiled a vast compilation of drawings known as the Costume Book. Anthony van Dyke was Rubens assistant. He was the son of a cloth and silk merchant and was known for his sumptuous costume Van Dyke must have acutely been aware o the power of dress. (Gordenker, 2001, p. 3) The bohemian artist Wenceslaus Hollar worked in England as an Etcher, engraver and illustrator. He engaged in costume studies specializing in womens Fashions. His best known series of womens costumes is the four seasons. The British Museum which holds one of the four etchings of the Seasons says; Hollars virtuosity as an etcher is apparent from the variety of fabric and furs, he captures in the womans garments. (Winter an Etching, www.britishmuseum.org). Figures 1 2 below show the full length etching of summer and winter sketched by Wenceslaus Hollar. Alice Mackrell in her book Art and Fashion (2005) gives her view on Paintings held at Museums. Figure 3 below shows the Painting of Madame de Pompadour by Franà §oise-Hubert Drouais. Descending the long staircase in the Sainsbury wing of the National Gallery, London, into the lower galleries that housed the exhibition Madame de Pompadour: Images of a Mistress, ones attention showed straight ahead her ravishing portrait painted by Franà §oise-Hubert Drouais [Refer Figure 3 for the painting] Madame de Pompadour seated in her boudoir at her tambour frame, engaged in embroidery work yet surrounded by her books and a portfolio of engravings reminding the viewer of her intellectual and artistic achievements, wears a gown of naturalistic light green leaves and salmon pink flowers, trimmed at the elbows with three rows of large four striking bows of matching striped silk at her elbows with three rows of large engagà ©antes (cuffs with two or three ruffles) made of fine French needle lace. This garment epitomizes the Rococo taste serpentine curves, three-dimensional ornamentation and clear, delicate colours. (Mackrell, Art and Fashion, 2005) Franà §oise-Hubert Drouais, Madame de Pompadour at her Tambour Frame The colours on her dress characterize the Rococo taste Another one of the great artists who represented womens fashions in his paintings is Thomas Gainsborough, Mackrell yet again states: The English artist whose work most conjures up fashionable ladies in their silks and gauzes indeed whose portraiture not only captured a living likeness, but also epitomized the English elegance of Rococo fashion, is Thomas Gainsborough. He was very much aware of Rococo art and fashion. (ibid, p.8). The Rococo movement was followed by the Neo-Classical movement. Neo-Classicism was all that the Rococo period was not about. Artist Joseph Marie Vien belonged to this era. Contemporaries looked to Vien to Inspire women to abandon their Rococo capriciousness for classical simplicity. Neo classicism became the dominant movement in the fine and decorative arts, architecture and fashion in Europe from the late 18th century, as knowledge grew ever more widespread about the archaeological discoveries extending from southern Italy to Egypt and the Near East. (ibid. pp. 33 and 35) The literary movement of Romanticism followed Neo-Classicism. Romanticism was the cult of personality. The celebration of individual character and social status took on a fresh aspect in the form of a new kind of fashionable society portraiture. The Romantic sense of mission had a powerful influence on artists in exploring the self. (Mackrell, Art and Fashion, 2005, p. 46) Romanticism was a new movement, but it did not completely break away from the trends that were evident during the Neo-Classical era. Romantics frequently sought to make classicism a living experience rather than a dead ideal, and aspects of Neo-classicism a living experience rather than a dead ideal, and aspects of Neo-classicismhave been seen as a hybrid version of Romantic classicism. (Baudelaire, 1992, p. 53) Aestheticism then followed the Period of Romanticism. An artist during this period of time who incorporated fashion in his art was an American painter by the name of James Abbott McNeill Whistler. The book Art and Fashion (2005) asserts: Whistler was someone who assimilated the fashions of his time as an integral component of his art, such as the craze for everything Japanese that was sweeping Paris and LondonHe appreciated beauty and styling women, and concentrated on them in his portraiture, painting images of beauty that could be appreciated on their aesthetic merit alone. (Mackrell, 2005, pp. 84 and 85) The beauty of aestheticism was followed by Realism. Artists tried to depict a sense of reality through their paintings. Charles Pierre Baudelaire was a French critic during this period. He identified the concepts of realism as: Romantic individualism, with an art that reflected its own epoch and, in its demands or a modern style Realism continued the aims of the Romantics (Rubin, 1980, p. 49) Édouard Manet, was a friend of Baudelaire and a painter. For Manet dress represented the outward aspect of modern life, that transient envelope that both veils and reveals its unchanging essence. (Mauner, 2000). According to The French taste for Spanish painting: Manet admired and sought to emulate, in order to better depict the realities of life, including fashion. (Tinterow Lacambre, 2003, p. 51) Impressionism was then followed after Realism, Following the lead of Manet, they shared a commitment of vision, in which their depiction of dress was a salient sign of their determination to be modern. (Mackrell, Art and Fashion, 2005) Impressionists linked contemporary life with fashion in their works of art. According to R L Herbert: Fashion and art shared certain featuresand for the Impressionists there was an underlying association of contemporary life with fashion. (Herbert, 1988, p. 198) At the end of the 19th Century, new appeared to be the high thrill word. Articles in newspapers and magazines referred to the new woman, the new fiction the new journalism and the new art, the key date for the new art was 1884, this was founded in Belgium and the term Art Nouveau was coined by supporters of this avant-garde group. (Mackrell, Art and Fashion, 2005) According to the Victoria and Albert Museum: Art Nouveau was the first concerted attempt to create a modern international style based on decoration. (Greenhalg, 2000) On the chapter of Art Nouveau and Art Deco Mackrell affirms the meaning of Art Nouveau: Art Nouveau was an essentially urban creation of sophisticated artists and designers, and reflected a diversity of trends. The natural world was the single most important source. Nature was widely used to achieve a modern look, so much so, that in Art Nouveau circles, nature and modernity cam to mean almost the same thing. (Mackrell, Art and Fashion, 2005, p. 112) Paul Poiret was a couturier who emerged during the early years of the 20th century, Poiret marked the beginning of a new era, not only in fashion but in illustration too, heralding the birth of the style which is known today as Art Deco. (Robinson, 1976, p. 38) Poiret was also known for his knack of linking the fashion world with art. Having an affinity with painters he [Poiret] was the first couturier to relate fashion successfully to the arts. (ibid. p. 116) Sonia Delaunay was a painter designer and printmaker during the 1920s. She was an advocate of Orphism. Sonia Delaunay made a significant impact on how art and fashion could overlap and influence each other. (ibid. p. 130) The early 1920s brought about the Surrealist movement. The term surrealism was coined in 1917 by the French prose writer, poet and art critic Guillaume Apollinaire. Surrealists gave positive expression to their views. They reacted with a review of values at every level of society, inspired by psychoanalytical theories of Sigmund Freud. (ibid. p. 135) Surrealism touched fashion in a way that no previous art movements had. Fashion and its instruments were at the heart of the Surrealist metaphor, touching on the imagery of woman and the correlation between the world of real objects and the life of objects in mind. (Martin, 1990) Two Fashion designers who were greatly influenced by surrealism arts was Elsa Schiaparelli and Coco Chanel. They found a new and exciting canvas on which to articulate their ideas, by translating Surrealist art into clothing. Surrealism was the leading and most controversial movement in literature and the arts between the two World Wars. (Mackrell, Art and Fashion, 2005, p. 135) Salvador Dali was known as the father of Surrealism. He and Elsa Schiaparelli forged together to make a new avenue in fashion. Dali and Schiaparelli also collaborated on two of the most iconic dresses of the 1930s, the organza dress with painted lobster was one of them (ibid. p.144) Figure 4 5. The literature review I conducted shows that there is an existance between fashion and art. It concludes that artists and painters alike have been influenced by the fashion world. Fashion designers have also been inspired by the works of artists and their paintings. The literature review is only subjected to paintings and womens wear clothing. It does not explore other works of art like sculptures. When it comes to the world of fashion, the review only deals with aspects of clothing and has not explored the influece that art might have on different articles of fashion, such as foowear and jewellery. The Influence of Art on Fashion The two worlds of art and fashion go a long way into history, almost as far as the Renaissance. Art in its own aspect has followed humanity through its times. The world of fashion has also been synonymous to it. A web article on the rise of Social conscience in art inspired fashion acknowledges that Art can be a means of reconstructing experiences, communicating emotions or echoing sentiments of individuals or the masses. (The Rise of Social Conscience in Art Inspired Fashion) Fashion too shares a place in evoking emotions and making statements. In these aspects it is obvious that Art and Fashion share many common links. The article also states that The desire to express the need for a higher social conscience is driving the union between revolutionary art and clothing. (ibid) Since it is now clear that there are links between Art and Fashion, I would like to first look at these two subjects individually. Art Art plays a major role in peoples lives. It helps us be creative and gives us a platform to express ourselves. It is a big part of our lives that sometimes we stop to acknowledge the part it plays. Just think about the house you live in the jewellery you adorn, the cover of a novel, these are all a part of art. Two currents of thought run through our ideas about art. In one, first considered by Aristotle (384 BC.), Art is concerned as mimesis (imitation), the representation of appearances, and gives us pleasure through the accuracy and skill with which it represents the real world. The other view derived from the Greek philosopher Plato (427 BC.), holds that the artist is inspired by the Muses, or by God or the inner impulses, or by the collective unconscious)to express that which is beyond appearances, inner feelings, eternal truths or the essence of the age. (Definition of Art, Hutchinson Encyclopedia) The two philosophers Aristotle and Plato have defined art as Representational and Non Representational art. Non Representational art is more commonly referred to as Abstract art. Representational art is a style of realistic painting which depicts recognisable objects or figures. Whereas abstract art has no clear images and dont form a clear identity, and must be interpreted by the observer of the artwork. Examples of representational art include still life, portraits and landscapes to name a few. Non representational art came about during the modern world at the beginning of the 20th Century. The Abstract movement was formed and Piet Mondrian and Mark Rothkos were works of art which to the beholder had no objective meaning, unless scrutinized. Like most subjects art too has fundamentals that it uses. Such as line, shape, form, space, texture and colour. Artists manipulate these elements, mix them in with principles of design and compose a piece of art. (Mitler Ragans, 1992). The elements of art serve as a base, on which the artist can build their forte on. An artist cannot create art without making the use of at least one or more of these elements. Art is also governed by its own principles. These principles help govern how artists organise the visual elements by giving them guide lines. The principles of art include balance, variety, harmony, emphasis, proportion, movement and rhythm. (Mitler Ragans, 1992) There are many products that we can classify as art. It solely depends on the individual. What I call art may not fall into the context of art for you. It is subjective, and is open to many interpretations. There is no definite limit to what can or cannot be called art; in the end it is up to the audience. Art communicates with people across different cultures. It ranges from sculpture to painting to Shakespeare novels and Mozarts Classic compositions to Todays graphically improvised Anime cartoons and play station games. These are all the work of master craftsmen in their own accord. In other words they would simply be called Artists and what they create would be classified as works of art. The musician Frank Zappa believed that Anything can be music but it doesnt become music until someone wills it to be music, and the audience listening to it decides to perceive it as music. Most people cant deal with that abstraction, or dont want to (Definition Of Art, 2005) I want to go into the depths of Paintings and how it influences us and Fashion. My main focus will be on Paintings from the New Modern Age. Paintings have been in existence since the pre historic times. It is a continuous form of creativity which flows throughout history and culture and into todays world. Paintings in history have had its influence mainly on the existing culture of its time. Like African, Indian, Japanese and Islamic art all have a strong link to its culture. Since the religion of Islam prohibits the remaking of any form of a living creature, Islamic art does not possess any form of Human life in it. Its main art form is Arabesque, the use of calligraphic motifs and Mosaic art Paintings have a history of their own. From the cave paintings of the Stone Age to the art of the Renaissance period and into Modern art. As William Dobell says A sincere artist is not one who makes faithful attempts to put on to canvas what is in front of him, but one who tries to create something which is, in it-self a living thing. (Dobell, 2009) I will give a brief synopsis on the Artistic movements through history to Today, starting from the period of the Renaissance. The Renaissance Artists during this period wanted art that showed joy in human beauty and lifes pleasures. The paintings were more lifelike and brought in a sense of realism. They studied the art of perception, the artists painted in a way that showed differences from points of focus, resulting in painting with depth. The two famous painters from this time were Leonardo Da Vinci and Michelangelo. A famous quote by Michelangelo was that The true work of art is but a shadow of the divine perfection this is because he was a devout Christian and the church was his greatest patron. Rococo Period of Art (1700 1750) Rococo art is known for its light, ornamental and elaborate style of art. The main focus on paintings was of surface decoration and consisted mainly of light delicate colours. Portrait paintings was famous during this period, and one of the women painted often during this period was Madame de Pompadour. Neoclassicism (1750 1830) Then came about the 1800s this was thought to be an age of change. It was also during this time that the french reveloution took place. No single art style was in place Fashion Fashion is a specialized form of body adornment. It has been around ever since man was put down on earth. It has its own history and evolution through times. Explorers and travellers were among the first to document and comment on the body adornment and dress styles that they encountered around the world. Some returned from their travels with drawings and examples of clothing, sparking off a desire not only for the artefacts themselves but also for an understanding of them. Eventually the study of clothing came to be an accepted part of anthropology The study of human beings. (Jones, 2002) Fashion relates not only to clothing but also its accessories like jewellery, hairstyle, footwear and even body art. I intend on looking into the aspect of fashion in relation to clothing. To find out what fashion is and who make fashion be called fashion. For as long as time, individuals have used clothing as a means of non verbal communication. It is known to be a form of free speech. It is a language of signs and symbols and iconography. (Jones, 2002) It helps individuals to make a statement through what they wear and express individual identity, and since it is visual it is very easy for the onlooker to comprehend the image we are portraying through what we adorn. Cultural theorists and clothing analysts have focused on four practical functions of dress: utility, modesty, immodesty and adornment. (Jones, 2002) George Sproles suggested four additional elements which are: symbolic differentiation, social affiliation, psychological self enhancement and modernism. (George, 1979) Brief outlines of these elements are given below. Utility Clothing to be functional has to be practical. It is used to give us protectiveness in the environment that we are in. The human body temperature needs to be kept at a mean temperature to make sure of blood circulation and comfort. Dress reformers have put utility above other aesthetic considerations. The American Publisher Amelia Jenks Bloomer was worried about the impracticality of the crinoline that women used. She then brought about the concept of wearing trousers called bloomers, which eradicated the impracticality of the crinoline. (Jones, 2002) With the story of the bloomers in mind, people today choose clothes with comfort and durability in mind. Modesty Clothing acts as an aid to our nakedness. They help cover our body and can act as a guard to our modesty. We are often self conscious about our image, when it comes to revealing more of our body. When we grow older we try to hide our flaws, and seek clothing as our cover. Our culture plays a big role in modesty; it varies through individuals and societies over time. Immodesty Women have often been symbolized as passive sexual objects. Clothing can be used to enhance this attractiveness according to the wearer. A psychoanalytic approach, based on the writings of Sigmund Freud and Carl Jung have been used by fashion theorists to explain the unconscious process underlying changes in fashion. (Jones, 2002) Adornment Young women in particular, often attempt to measure up to the ideals of beauty. In relation they use adornment to enrich their physical appearance, and bring out their individuality. The use of adornments could be as excessive as the user wants it to be. Such as how high can your shoe heels be, and how much make up could we layer on our face. These are all choices made on an individual level, in order to fit into a group or to make a statement. Symbolic Differentiation We as human beings often feel the need to identify who we are to society. Be it a doctor, lawyer, nun or pop artist. We use clothing to help satisfy this need. Clothing helps differentiate and help recognize who we are. It distinguishes the levels of social standing and helps in recognizing religious associations and professions. Social affiliation As opposed to differentiation, when it comes to social affiliation, we tend to dress to fit into a particular group or part of society. Clothing can sometimes be used as a revolt against fashion and its current trends as well. Like the punks who can be noted by their torn clothes, coloured hair and the dramatic use of safety pins. The Goths, who also dress in a similar fashion, have led to a more feminised version in Japan called the Gothic Lolita. These groups in time tend to form their own fashions and people treat them as modern trends. And try to adopt these elements into their wardrobe as well. Psychological self enhancement We as individuals try to stand out on our own and show our personality. For this reason you will hardly find two people dressed alike from head to toe. Because as individuals we have our own tastes and styles of putting things together. So we adorn ourselves in different manners even if we shop at the same store, and buy the same clothes the way we look once we have accessorised ourselves would differ, just like no two people are alike. It is now evident that fashion indeed, does affect our life greatly. According to Linda Watson, dressing is our forth bodily function. Dressing is the fourth bodily function after breathing, eating and sleeping and excluding a couple of delicious optional extras one of the fundamental pleasures of the human body is to clothe it. Which makes fashion its closest relation pretty important. (Watson, 1999) Fashion is a form of art which will forever be changing throughout the decades, and the change is brought about by trends which are signalled out through Fashion design and its designers. Fashion Design Fashion design is a form of art. It falls into the category of applied arts. Applied arts unlike fine arts is the application of design together with aesthetics to produce objects of use. it is ruled by the principle that form follows function. Fashion designing is the creativity of deigning clothing. Like many forms of design and art fashion design too has its elements. The main elements are silhouette, line, and texture. The uses of these elements are called principle; they are repetition, rhythm, graduation, radiation, contrast, harmony, balance and proportion (Jones, 2002) Fashion is divided into two seasons, Spring/Summer and Autumn/Winter. Designers design accordingly to the two seasons. The clothing they produce for each season is called a collection. Fashion collections always have certain similarities, an invisible thread which ties up all the pieces of the collection together. A look into the above mentioned elements and principles will help us to understand how fashion design works. Silhouette In simple terms Silhouette is basically the outline of a form. Fashion Silhouette is the overall outline a garment produces. As garments are three dimentional the Silhouette changes when it is moving. So designers have to keep this in mind when they design the clothing. The Silhouette of a garment is what first catches the eye. Because of distance it is what is first noticed before the detailing of the clothing comes to view. For this reason Silhouette is one of the most important elements in design. When designers produce a collection they keep in mind that it cannot have too many different Silhouettes. Too many variations will weaken the impact and the overall message that the designers are creating will be lost. Silhouettes have changed throughout times and have gone to extremes of being bulky and voluminous to flat and skinny. I will look at this later during the historical analysis if fashion. Line The most common use of line in fashion is in the seaming of the pattern pieces and in fastenings. Vertical seam lines create an effect of length and elegance because they lead the eye up and down the body. Horizontal lines tend to be shorter in span and therefore draw attention to the width of the body. Lines across the body can make the figure appear shorter and wider. (Jones, 2002) Lines in a garment give us different views of perception. Lines can be used effectively to enhance or hide features of the body. It helps give the garment direction and flow. Texture Texture in fashion design relates to the surface feel of the fabric. The way a fabric behaves is very important in design. As it will set the overall look of the garment and how the garment will sit on the body and move with flexibility. Colour is also important when it comes to creating a good impression with the garment. Fashion design gives us a unique sense of luxury. As it offers to us not just forms of adornment by way of clothing, but it also gives us a feeling of belonging and self enhancement. As the clothing we wear and who they are made by speak tremendously about our personality. The inspirational source behind the clothing we choose does impact us to a certain degree. In the next chapter I will give an in-depth analysis on how Fashion design has been influenced by artistic movements and paintings. Gianni Versace was a designer who was obsessed with the past. He was frequent in visiting museums and obsessed with their artworks. He studied the Byzantine art at the Metropolitan Museum of arts and was inspired by the metal found in byzantine art. Which he then put to use, by creating a metal neck cocktail top. Yves St. Laurent, from 1965-1966, made dresses which bore the artistic works of Abstract Painter Piet Mondrian. The welding of art and fashion, however found its most vivid expression in the Mondrian Dresses of Yves St. Laurent. His dresses came to be known as the Mondrian Dress and was called the Dress of Tomorrow (Mackrell, Art and Fashion, 2005, p. 147) Figure 7. The romance between fashion and the Surrealist movement began in the early 20s when the movement broke away from the written word to embrace objects. The appeal of Surrealism to the fashion industry is instantly obvious in their use of ordinary everyday objects and weird landscapes that transferred easily to fabric printing, jewellery, hats, couture etc, allowing designers the freedom to create art pieces, and this fascination worked both ways as what covered the body had always been important to the Surrealist philosophy, in the way that it allowed the imagination to wonder what lay underneath, and this translated easily into wearable garments. (Martin, 1990)

The Features Of Institutional Bargaining Approach Politics Essay

The Features Of Institutional Bargaining Approach Politics Essay The birth of the concept of institutional bargain approach stems from the work of Oran R. Youngs criticism on the current rationalist and cognitivist approaches to define the regime formation. Schools of thought of the realist or neorealist highlights the existence of the dominant actors or hegemons possessing structural powers is a necessary condition for international regime formation or maintenance.  [5]  In the other hand, the liberal-institutionalism stresses that a sizable number of self-interested states would coordinate their behaviours to maximize absolute gains by devising mutually beneficial institutional arrangements reducing transaction costs.  [6]  The cognitive theorist underlines that it is the role of cognitive factors that influence the regime formation.  [7]   Literature Review The process of negotiations in climate change poses huge diplomatic and legal challenges to international community. The complexity of the climate change negotiations especially its dependence on science for political decisions have produced two set of perspectives at the negotiations; these are the countries of the view that they would do something to the problem and other countries of the view that would not do something to the problem. Most importantly, climate change negotiations has a unique political dynamic. Power at these negotiations does not derive simply from the size of the economy, but it derives from the fact that how much the country is emitting Greenhouse gases. The countries that pollute the environment hold the most bigger bargaining power. This paradigm poses a huge obstacle to reach a balanced outcome at the climate change negotiations. The book by William Marson (2011)  [8]  highlights the flaws of the climate change negotiations in Copenhagen, stating that group of elite polluters: the United States, the European Union and China have chips to deal and so they rule the game. The other barrier in ensuring a transparent negotiation lies on the issue of a paradigm shift in the environmental politics. The book by Pamela S. Chasek, David L. Brownie, Janet Welsh Brown (2010)  [9]  highlights that the paradigm shift in environmental politics has given rise to the participation of various actors in international environment negotiations and has drawn the climate change issue from dominant socio economic paradigm to the rise of alternative paradigm, in some cases making the problem of climate change a security issue. A collection of articles on the concept of equity  [10]  written by climate change negotiating experts of the BASIC  [11]  countries state the importance of having equitable access to atmospheric space and actions needed in mitigation and adaptation to come up with a long term global goal. In addition, Steve Vanderheiden ( 2008)  [12]  aims at presenting the negotiations of the climate change as revisiting norms such as fairness, equity and atmospheric justice. According to Vanderheiden, it is imperative to address the climate change negotiations in a manner that promotes fairness based on the ideals of equity and national responsibility has practical and principle justification. Dieter Helm and Cameron Hepburn (2009)  [13]  highlights that despite the acceleration of research and scientific explorations on climate change, the policy formation in climate change still disconnected with the findings of science and explains as to why this disconnect prevails. Dieter Helm, analysing the pros and cons of the existing international regimes on climate change highlights also disparity between the share of responsibility in the mitigation efforts between the developing and developed countries and states that unless all the countries are shouldering the responsibility in terms of mitigation, any future agreement in this regard will not be effective. With regard to the process of negotiation from Bali to Copenhagen, books by Abdrew E Dessler and Edward A. Parson ( 2006)  [14]  and a collection of articles in Political Theory and Global Climate Change by John Barry (2008)  [15]  and Negotiation capacity and strategies of Developing countries by Pamela Chesak and LavanyaRajamani ( UNDP report on Global Public Goods 2003)  [16]  and a UNDP report on sustaining human progress in a changing climate (2012)  [17]  present the argument of the disadvantages faced by the developing countries in international environment negotiations as they are being underrepresented or unrepresented at the key decision making moments. Even more so, an in depth analysis by Pamela S. Chasek in her book  [18]  on 30 years long negotiations on the Earth highlights the realpolitik of the environment negotiation and the reasons as to why an agreement is not feasible in the near future. In addition, on the academic literatures, the theoretical framework presented by Young highlights most of the issue as he has been carrying out lot of research and studies on the governance of natural resources and regime formation on same and also through his intervention of the institutional bargaining approach. In his book in 1989  [19]  , he has made an effort to explain the possibility of applying the international regimes and international institutions to address the problem of international coorperation on natural resources and environment. Also, another book by Young in 1994  [20]  is re-examines the basic issues focusing the distinction between governance systems and governments. Apart from regime formation it deals with the flaws of the international governance system and also it reaffirms the emergence of the concept of institutional bargaining as a method to create international regimes. In his books, Young (2002  [21]  and 2010  [22]  ), says that the cli mate change regime which us been created and in the process of being created does not account the nature of the problem, thus there is a mismatch between the character of the regimes created to address the nature of the problem. Thus so far, the materials that have been referring to however, does not approach the process of negotiation through the lens of the developing countries which are not major emitters. For example, those countries which did not allow the Copenhagen Accord to be adopted at the Copenhagen climate conference, are not the major emitters nor they were financially powerful. They were belonging to an economic block in the Latin American continent and to the Small Island Developing States. Most of them were poor countries with least economic and political standing in the world affairs. Then how did Copenhagen go wrong and what was the reason for hundreds of other nations to rally around this small group of countries with weak or no economic power? According to the institutional bargain theory, it could be because of the power of transnational alliances as well as the breaking of the consensus rule. Through the theoretical analysis, this paper will examine the reasons for a small group of coun tries to win the climate battle without allowing it to divert the years long negotiations to fail. It also aims at examining the different tactics and strategies by major emitters in terms promising much and committing little and thereby utilizing the process of negotiation to produce yet again an international agreement which has taken into account the concerns of the most vulnerable and badly affected by the problem. Features of Institutional Bargaining Approach Critics of realism, neorealism and neoliberalism often states that these theories base their assumption on the same flaws and dynamics thus does not pay much attention to the process of negotiation. As stated earlier, most of the time, these theories explain why states cooperate rather than how they are cooperating and as to how the regimes are being formed. The approach of institutional bargaining display the dynamics and flaws of how states cooperate based on their interests which derive from their domestic realities. The main assumption of this approach is analysing the regimes through interests. Main features of the institutional bargain approach are highlighted as follows: Consensus Rule and Multiple actors There are several actors in international institutions. Be it states parties which could be as low as 15 and there are international regimes which has 180 States parties and hundreds of observers from international organizations and civil society etc. In addition, the institutional bargain model base the assumptions on the consensus rule. It is normal for some parties to resist, reject an international negotiations, but it does not mean that the others who would want an outcome not to put their full effort in reaching an agreement, which all parties would be approving. Even though it may be difficult to reach politically an unanimous agreement, it is the basis for any agreement to come to life in the international system. Therefore unanimously is essential when States bargain in designing international regimes  [23]  . Mixed Motive Bargaining According to Young, there are two types of bargaining. One is termed as distributive, is when negotiators will know in advance what they would gain out of a negotiation. This information reaches them through the strategic behaviour and the tactics that they would use in committing to certain issues and positions of others. One of the main points in the distributive bargaining is that the negotiators would lose in one while they gain from the other. The second type of bargaining is integrative bargaining where the negotiators bargain in the absence of fixed contract or negotiation set.  [24]  Due to the lack of information on strategies, the negotiators will try to explore the possible agreements for the mutual benefits. Climate change negotiations and its framing into a model of distributive or integrative lies on the degree of approach of the negotiators to bargain with each other. This can be done only through the level proof through science on the scale of the global warming a nd thereby to rest aside the uncertainties on the issue itself. The veil of uncertainty The term veil of uncertainty is the explanation of dearth of information, knowledge about the issue, or the lack of confidence in making decisions or expressing the preferences. According to Young, the veil of uncertainty give rise for the parties to agree with each other.  [25]  Most of the time, the negotiating parties in the institutional bargaining process perform under a veil of uncertainty on the future positions and interests. No Party would know what would be their future positions when negotiations are taking place. Therefore, when the Party has to choose among many rules, it is much more difficult for a person to determine which of the several choice options confronted will, indeed, maximize whatever set of values that person desired to maximize  [26]  . One of the reason for this behaviour is that the negotiator may be suffering from the notion of loss of interest identity. This becomes all the more prominent in climate change negotiations as the negotiators are de pending on scientific evidence, which some States do not accept as a negotiation information, therefore, individual negotiators who faces different set of choices can become uncertain about the impact of the alternate position that it can take. In addition, this level of uncertainty makes the negotiator to agree with the arrangements or the choice that can be perceived as the faire one which is broadly acceptable to the majority. Problems and Approaches In a negotiation, the negotiators are focusing on the key issues and try to reconcile their differences on these issues rather than trying to reach an agreement on the exact areas of the regime. In this context, the negotiating text is produces to serve as a guiding tool for the negotiators and to reconcile their differences in the process. For example, as Chasek highlights one of the major characteristics of Climate Change negotiations is producing a draft text either by the chair of the working group or the COP President  [27]  . For example, after the Bali Road Map was adopted the Ad-Hoc Working Group on Longterm Cooperative Action ( AWG-LCA) was initiated and at each COP the Chair of the LCA was requested by the negotiators to produce a text highlighting the key issues of divergence and convergence. This course of action was repeated till the Copenhagen and at the Copenhagen there were texts produce by the Chairs of Working Groups each day. This course of action was aiming at narrowing down the differences and to leave the key issues of divergence for the political leadership to deliver. Transnational Alliances States are of diverse interests and political identities. The grouping in the international negotiations, especially at the United Nations have been made on the basis of geographical regions. Therefore, states with diverse interests and identities have been composed into these groups  [28]  . It is then natural that conflict of interest arise and they tend to be inter regional or/and intra- regional. Thus the States, in a negotiation process tend to align themselves or create alliances among the similar states with similar interests, these transnational alliances are highly influential in regime creating. They hold the negotiation positions or let lose them as and when they deem fit and as and when they cater their interests. For example, the Alliance of Small Island Developing States ( AOSIS)  [29]  and the ALBA  [30]  ( Alliances of Bolivarian Republic)group of countries as well as the LDCs ( Least Developed Countries) play a critical role in climate change negotiations . Their critical role was one of the key elements in shaping the negotiations as well as reaching agreements from Bali to Copenhagen  [31]  . Shifting Involvements According to Young, the institutional bargaining model all the time linked with gamut of issues and events happening in the socioeconomic and political environment  [32]  . These unfolding political and socioeconomic events pose different degrees of obstacles for the regime creation, and also complicating the negotiations and sometimes some parties as they struggle with domestic matters, they simply ignore the current issues. This situation can lead to reach an agreement through package deals such as that of practised in Copenhagen through the Copenhagen Accord. Or in some cases, the parties may borrow the assistance from the civil society and the NGO community to facilitate them in regime creation. For example after the failure in Copenhagen, the package deal reached in Cancun at the COP 16 was generously assisted by the civil society and the NGO community at the time it was being approved by the COP plenary despite the objection by the State of Bolivia. Factors to account the success of Institutional Bargaining Approach in Climate Change Negotiations Institutional bargaining is simply is bargaining to create an institution and this approach focuses on the process of regime setting as a priority. Young foresee major two flaws in rationalist approach of bargaining  [33]  . On one hand the rationalists approach according to Young is overly optimisitic as it regards that actors are rationally cooperate. On the other hand, the rationalists fails to consider major obstacles that disturbs the process of reaching an agreement. Severe obstacles such as problems arising strategic behaviour, intra-party behaviour, lack of trust among the parties are not considered in the rationalist approach. In sum, the model of institutional bargaining has two folds, these are descriptive and analytical. Under the descriptive folder, it seeks to outline essential circumstances under which collective efforts to form regimes regularly takes place. Analytically, it lays down several factors that are critically useful for the success of those efforts  [ 34]  . These are as follows: Contractual Environment blurring the zone of agreement and veiling the future distribution benefits Institutional bargaining can succeed only when the issues at stakes lend themselves to treatment in a contractarian mode.  [35]   Under a veil of uncertainty, negotiators of a process aim at reaching agreement on the terms of a social contract in order to solve the collective-action problems. Also, in a consensus-ruled situation, it is important that the parties avoid positional deadlocks in this contractarian environment. Thus, collective-action problems which will be solved through devising institutional arrangements vary in the degree to which they lend themselves to treatment in contractarian terms.  [36]   Exogenous shock of crisis Exogenous shocks or crises increase the probability of success in efforts to negotiate the terms of governance systems  [37]  . For example, in the case of Chernobyl, led the process of negotiation for a legal outcome in the nuclear treaty. In the case of the depletion of Ozone layer also influenced enormously the negotiations in the Montreal Protocol. In the case of climate change negotiations, the hot summer in the USA and Canada, influence the two countries to make arrangements for the Toronto Conference. However, Young informs that creeping crisis of global warming has not thus so far had an effect just as the Chernobyl crisis or Ozone hole on the negotiation process  [38]  . Availability of equitable solution Young asserts that the availability of arrangements that all participants can accept as equitable is necessary for institutional bargaining to succeed  [39]  . Without emphasising the achievement of allocative efficiency by utilitarian models, equal attention should be paid to equity as negotiating environment features a consensus rule. In this context, the institutional bargaining can yield success only when all the major parties and interest groups agree that their concerns have been treated fairly. For example, the importance of historical greenhouse gas emissions and the act

The Role of the Supreme Court in the Civil Rights Movement Essay

The Supreme Court was important in both suppressing and aiding the Civil Rights Movement. However, decisions taken by the President, the continued white opposition and improvements in media communications also had an effect. Although all were important, the Civil Rights movement alone would have reached the same end without the help of the Supreme Court, and the devotion of its many members and leaders is the major factor in advancing Civil Rights. The Supreme Court is perhaps most well known for the Brown vs. Board of Education decision in 1954. By declaring that segregation in schools was unconstitutional, Kevern Verney says a ‘direct reversal of the Plessy †¦ ruling’1 58 years earlier was affected. It was Plessy which gave southern states the authority to continue persecuting African-Americans for the next sixty years. The first positive aspect of Brown was was the actual integration of white and black students in schools. Unfortunately, this was not carried out to a suitable degree, with many local authorities feeling no obligation to change the status quo. The Supreme Court did issue a second ruling, the so called Brown 2, in 1955. This forwarded the idea that integration should proceed 'with all deliberate speed', but James T. Patterson tells us even by 1964 ‘only an estimated 1.2% of black children ... attended public schools with white children’2. This demonstrates that, although the Supr eme Court was working for Civil Rights, it was still unable to force change. Rathbone agrees, saying the Supreme Court ‘did not do enough to ensure compliance’3. However, Patterson goes on to say that ‘the case did have some impact’4. He explains how the ruling, although often ignored, acted ‘relatively quickly in most of the boarder s... ...day .23 Mark Rathbone, The US Supreme Court and Civil Rights, History Today .24 James T. Patterson, The Troubled Legacy of Brown v. Board, p. 10 .25 Mark Rathbone, The US Supreme Court and Civil Rights, History Today26 The Troubled Legacy of Brown v. Board, James T. Patterson, p. 6.27 Martha Gellhorn, Justice at Night, The Spectator 193628 Douglas A. Blackmon, Slavery by Another Name, p.729 Paterson and Willoughby, Civil Rights in the USA, 1863-1980, p.200.30 Douglas A. Blackmon, Slavery by Another Name, p.53.31 Mark Rathbone, 20th Century History Review, The US Presidency.32 Mark Rathbone, 20th Century History Review, The US Presidency.33 Clive Webb, Modern History Review, The Ku Klux Klan.34 Clive Webb, Modern History Review, The Ku Klux Klan.35 John A. Kirk, History Toady volume 52 issue 2, The Long Road to Equality for African-Americans

A Jury of Her Peers, by Susan Glaspell :: A Jury of Her Peers Essays

Glaspell spent more than forty years working as a journalist, fiction writer, playwright and promoter of various artistic. She is a woman who lived in a male dominated society. She is the author of a short story titled A Jury of Her Peers. She was inspired to write this story when she investigated in the homicide of John Hossack, a prosperous county warren who had been killed in his sleep(1).Such experience in Glaspell’s life stimulated inspiration. The fact that she was the first reporter on scene, explains that she must have found everything still in place, that makes an incredible impression. She feels what Margaret (who is Minnie Wright in the story) had gone through, that is, she has sympathy for her. What will she say about Margaret? Will she portray Margaret as the criminal or the woman who’s life has been taken away? In the short story Minnie Wright was the victim. Based on evidence at the crime scene, it is clear that Minnie has killed her husband; however, the women have several reasons for finding her â€Å"not guilty† of the murder of John Wright. First, When Martha and Mrs. Peters arrive at the scene of the crime, they see that it is a very lonely place off the road. The house is in a hollow, with lone-some looking trees around it(1).Mr. Hale thinks that having a phone to communicate with rest of the world in such place will reduce loneliness although Mr. Wright does not want communication(2). Minnie lives a miserable life in this place. Martha cannot believe that this is what Minnie foster has turned into. She describes her rocker, and says: â€Å" that rocker don’t look in the least like Minnie foster. The Minnie foster of twenty years before†(3). The rocker is a very old rocker with a faded color and few parts of it are missing. Also, Mrs. Hale thinks it is a torture for Minnie to wrestle with the stove year after year because that stove is in a very poor condition(8). These are some few examples that show how miserable Minnie is in such a lonely place.