Friday, May 31, 2019

The Greatest War OF All Time :: essays papers

The superior War OF All TimeW.W.IWorld War I was the first major(ip) war that include a counattempt from almost perpetuallyy part of the world. It was the second bloodiest war second only to W.W.II. The greatest destruction that humankind had ever previously experient began on a calm and beautiful August day. It was a senseless slaughter that no nation benefited from. It lasted from 1914-1918. America was involved from April of 1917 to November of 1918. It finish with the Treaty of Versailles, which was subscribe on November 11 at 1111 a.m. in 1918. World War I started because of the character assassination of Franz Josef Ferdinan and his wife Sophie while they were in a motorcade in the capitol city of Bosnia and Herzegovina. Franz Ferdinan was next in line for the thrown of Austria-Hungry. Principe, a member of the Black Hand terrorist organization, shot them. Preceding the shot that started the war, emphasis was created though extinct Europe when Germanys Kaiser Wilhelm II accessiond the size of his army. The Kaiser had a disturbed childhood. He was born with a bad arm that he couldnt use. Germans precious perfection in humans and it would be kind of hypocritical for the future leader of Germany to speak of perfection and not be perfect himself. His parents put him done hell and cover trying to fix his arm. Nothing worked and the constant medical experiments on his body left him messed-up for life. At age 29 Kaiser Wilhelm II became the youngest emperor moth of Germany. The Kaiser had a personality all to himself. He knew that he had all the power, and he let everyone know about it. The British Royal Navy had long spell-bound him, and he valued one for his own. He got his wish and fulfilled his militaristic dream of having a large and powerful military. The rest of Europe became alarmed at the sudden increase of German military activity. This made every European country look more closely at Germany in fear that they would try to start something. some other source of tension in Europe was the disintegration of the Ottoman Empire. Austria-Hungry and Russia both wanted to control the disintegrating Ottoman Empire. With all of this tension already in Europe, the assassination of Archduke Franz Ferdinan was all that was needed to spark the start of the war. Serbia firmly denied any compensation to Austria for the death of the Archduke, so Austria declared war on Serbia.The Greatest War OF All Time essays papersThe Greatest War OF All TimeW.W.IWorld War I was the first major war that included a country from almost every part of the world. It was the second bloodiest war second only to W.W.II. The greatest destruction that humankind had ever previously experienced began on a calm and beautiful August day. It was a senseless slaughter that no nation benefited from. It lasted from 1914-1918. America was involved from April of 1917 to November of 1918. It ended with the Treaty of Versailles, which was signed on November 11 at 111 1 a.m. in 1918. World War I started because of the assassination of Franz Josef Ferdinan and his wife Sophie while they were in a motorcade in the capitol city of Bosnia and Herzegovina. Franz Ferdinan was next in line for the thrown of Austria-Hungry. Principe, a member of the Black Hand terrorist organization, shot them. Preceding the shot that started the war, tension was created though out Europe when Germanys Kaiser Wilhelm II increased the size of his army. The Kaiser had a disturbed childhood. He was born with a bad arm that he couldnt use. Germans valued perfection in humans and it would be kind of hypocritical for the future leader of Germany to speak of perfection and not be perfect himself. His parents put him through hell and back trying to fix his arm. Nothing worked and the constant medical experiments on his body left him messed-up for life. At age 29 Kaiser Wilhelm II became the youngest emperor of Germany. The Kaiser had a personality all to himself. He knew that he had all the power, and he let everyone know about it. The British Royal Navy had long fascinated him, and he wanted one for his own. He got his wish and fulfilled his militaristic dream of having a large and powerful military. The rest of Europe became alarmed at the sudden increase of German military activity. This made every European country look more closely at Germany in fear that they would try to start something. Another source of tension in Europe was the disintegration of the Ottoman Empire. Austria-Hungry and Russia both wanted to control the disintegrating Ottoman Empire. With all of this tension already in Europe, the assassination of Archduke Franz Ferdinan was all that was needed to spark the start of the war. Serbia firmly denied any compensation to Austria for the death of the Archduke, so Austria declared war on Serbia.

Thursday, May 30, 2019

Louis Pasteur Essay -- Essays Papers

Louis Pasteur Louis Pasteur made many valuable contributions in the science field. These findings in chemistry, industry, and medicine are still appreciated today. Louis Pasteur saved many lives because of his findings and research. This chemist devoted much of his life improving the welfare of man-kind. Louis Pasteur was born on declination 27, 1822, in Dole, a small town on the eastern part of England. As a young boy, Louis was very quiet and had an incredible desire in drawing and artwork. He produced many charming pieces, which can be seen at the Pasteur Museum in the Pasteur Institute at Paris. These pastel paintings were portraits of his family, friends, and teachers. His powerful imagination was revealed to be beyond the ordinary. Because this humble young man was so dedicated to his artistic abilities, many of his peers often picked on him. Pasteur graduated from the College of Arts at Besancon in 1840, and then be Ecole Supervieure to work on his doctora te degree. His study was in the science of crystallography, which was a powerful influence on his striving for improving society. At the Lycee of Tournon, he was a physics professor and researched the optical properties of crystals of tartaric acid salts. He found the two forms of this acid, which could rotate the plane of polarization of light, one to the right and the former(a) to the left. This was his first important discovery in crystallography, the phenomenon of optical isomers. Ironically it incited him to abandon the field. It won the acclaim of the French Academy and Britains Royal Society. Therefore, Pasteur became famous at the geezerhood of 26. Pasteur soon began researching in bacteria. The predominant theory of life... ...892 was celebrated in a unique way, by being observed as a national vacation in France. His address on this occasion carried a thoughtful message You bring me the greatest happiness that can be experienced by a man whose invincible belief is that science and peace will triumph over ignorance and war.... In the long run the future will belong non to the conquerors but to the saviors of mankind. In 1940, the conquering Germans came to Paris. A German officer demanded to see the tomb of Pasteur, but the Old French fend for refused to open the gate. When the German insisted, the guard killed himself. *Scholarly Source* Jacques, Nicole. Louis Pasteur. New York Basic Books, 1961. This source contributed to just about everything in my article. Everything from the biographical details to the information about the Pasteur Institue in Paris is include

Wednesday, May 29, 2019

Essay --

In this article, Christopher G. Petr presents results of surveys conducted to assess how foster children perceive independent living services put in place to dish out them even up as they reach adulthood. Petr makes the point that while most current foster children were optimistic about their futures and believed that these programs were useful in getting them ready to adjust to life after they are age-out from foster care, some of the out of custody youths felt that they had not received adequate services.Among the arguments Petr uses to nurture this point are the both interviews with subjects A and C. Petr reports that their scenarios are at the opposite ends of a spectrum he heard from the 27 people interviewed. He presents lots of anecdotal evidence from the interviews to support these arguments, including that A was using services like a tuition waiver and living subsidy to help her get a college degree and expressed predilection for this help. Subject C, on the other hand , had no job and was not continuing his schooling and said he did not know he could get a tuition waiver or...

Roosevelt as an American Leader Essay example -- American Government,

The Great depression was a time of great need and hardships for American citizens solely over the United States. America was in great need of a leader, someone who could make this dreadful process easier, and Franklin Roosevelt rose to the occasion. During Roosevelts First initiatory Address in 1933 and his 1944 State of the Union Address, emerged as the great American leader everyone was in desperate need of. He would take the blame sour the American people as well as provide them with goals and a very achievable image of America in the close future. In his1933 maiden Address, Roosevelt made it his goal to encourage Americans as they faced many great challenges during the Great Depression. Roosevelt, as well as all Americans, knew they were in a make out but Roosevelt prevented their moral from getting any worse. Roosevelt states let me assert my firm belief that the only thing we have to fear is fear itself(Roosevelt 1933) and ensures the citizens Yet our suffering com es from no failure of substances.(Roosevelt 1933). Roosevelt never blamed the American people for the depression, and did not want the American citizens to blame themselves for what happen. He also encouraged Americans to keep their heads up and do not fear the outcome of the situation. Roosevelt truly emerged as a leader during his 1933 speech. He took on the responsibility of getting America back on its feet. Roosevelt said, Happiness lies not only in the mere possession of money it lies in the joy of achievement. In the thrill of creative efforts (Roosevelt 1933). In this particular retell from his speech, Roosevelt gives hope to Americans by telling them that they still can be happy and when they overcome this great task, it will bring the... ...ay not fully understand the settle and hidden reason for doing so. All though some individuals may not have been completely on board at first, I believe that the prolonged Roosevelt talked and reinsured Americans their safety an d successful outcomes post war, their questions were answered and accepted Roosevelt as a leader and his ideas.I believe Roosevelt showed great leadership and comforted many fearful Americans in both his First Inaugural Address in 1933 and his 1944 State of the Union Address. All though both speeches were successful, I believe that his First Inaugural spoken language in 1933 was the better of the two. In this speech, Roosevelt not only took the blame off the American people, comforted them, provided specific information on what the United Stated take to make a successful change, and most importantly took control and leadership over America,

Tuesday, May 28, 2019

A Christmas Carol Essay example -- English Literature

A Christmas CarolStave 1Scrooges character is established early in stave 1. Dickens shows hispopularity by showing us his relationships with people in hissurroundings. We can tell scrooge is less-traveled as the narratorportrays him as a Tight fisted hand at the grindstone.Scrooges name give us a similarity between the word shnorr what isto be tight with money and every opportunity to make money, thisautomatically helps us launch an understanding that he is tight withhis money, what is necessary to associate him as nasty old man. Whenthe narrator is describing Scrooge he uses words that help usnegotiate an opinion that Scrooge is an aggressive and is detested byperson. It helps us find out that scrooge is a bitter, mean, twisted,moody and selfish old man. The narrator Charles Dickens builds thefoundation of our understanding of our knowledge that he is despisedby referring to him as a squeezing, wrenching, grasping, scraping,clutching, covetous old sinner that helps us portray that scrooge istight with his money. Dickens also tells us that he is External embraceand cold had little influence on scrooge and also that scrooge saysno warmth, and no wintry winter cold chill scrooge. In prevalentscrooge is described to have poor relations with other people andliterally he is a loner, but this is what he wants. Scrooge is knownby people as a bitter old man, as when he walks down the street peopleavoid his wicked looks. In a way it as if scrooge wants to stay aloneand he may enjoy being despised by others. Dickens goes on to mentionhow he was avoided on the street, No beggars implored him to bestow atrifle and that no one would d atomic number 18 give a greeting as they would onlybe ignor... ...d people arebeginning to accept scrooge.ExtensionThe narratorial voice and Christian morality enrich the readingexperience of A Christmas Carol by making the play to a greater extententhusiastic. On the first page of A Christmas Carol dickensnarratorial voice comes across w hen he describes Marley as dead as adoor nail. The Christian morality in this story helps us navigate adecision that Dickens is a very true Christian. The moral of thisstory is hidden in the depth of the story, the moral is to be kindhearted and to be generous. These shows to be weary of what can happenif you are not generous and that, you will be penalise and will feelguilty if you persist on being the same. In the form of scrooge itshows us that you can be happy and the richest man in the world forhelping people, maybe not in the form of money but in the form ofhappiness.

A Christmas Carol Essay example -- English Literature

A Christmas CarolStave 1 tikes character is established early in stave 1. Dickens shows hispopularity by showing us his relationships with people in hissurroundings. We can tell scrooge is unpopular as the narratorportrays him as a Tight fisted hand at the grindstone.Scrooges name give us a similarity between the word scrounge what isto be tight with money and either opportunity to make money, thisautomatically helps us launch an understanding that he is tight withhis money, what is necessary to associate him as nasty elder man. Whenthe narrator is describing Scrooge he uses words that help usnegotiate an opinion that Scrooge is an aggressive and is detested byperson. It helps us find out that scrooge is a thorniness, mean, twisted,moody and selfish old man. The narrator Charles Dickens builds thefoundation of our understanding of our knowledge that he is despisedby referring to him as a squeezing, wrenching, grasping, scraping,clutching, covetous old sinner that helps us portray that scrooge istight with his money. Dickens also tells us that he is External heartand cold had little influence on scrooge and also that scrooge saysno warmth, and no wintry winter cold chill scrooge. In generalscrooge is described to have light relations with other people andliterally he is a loner, but this is what he wants. Scrooge is knownby people as a bitter old man, as when he walks down the street peopleavoid his wicked ways. In a way it as if scrooge wants to stay solelyand he may enjoy being despised by others. Dickens goes on to mentionhow he was avoided on the street, No beggars implored him to bestow a recreate and that no one would dare give a greeting as they would onlybe ignor... ...d people arebeginning to accept scrooge.ExtensionThe narratorial region and Christian morality enrich the readingexperience of A Christmas Carol by making the play moreenthusiastic. On the first page of A Christmas Carol dickensnarratorial voice comes across when he describes Marley as dead as adoor nail. The Christian morality in this story helps us navigate adecision that Dickens is a very true Christian. The moral of thisstory is hidden in the depth of the story, the moral is to be large-heartedhearted and to be generous. These shows to be weary of what can happenif you are not generous and that, you will be punished and will feelguilty if you reign on being the same. In the form of scrooge itshows us that you can be happy and the richest man in the world forhelping people, maybe not in the form of money but in the form ofhappiness.

Monday, May 27, 2019

Virtue Theory

A Necessary, Modern Revision Aristotle studied and explained a full range of subjects ranging from science to politics and is widely recognized as one of the greatest philosophers of all time. One of his most important contributions to the study of humanities is his geographic expedition and definition of moral fair play. In his book, The Nicomachean Ethics, Aristotle explains disparate views about the nature of sp even upliness in prep atomic number 18 to allow the reader to find what the main function of life is and how to successfully perform that function.For example, Aristotle states in his first book, in article one, every art and every investigation, and similarly every action and pursuit is considered to aim at some hefty. Hence, Aristotle defines the good as that which all things should aim. However, what separates humans from other things is the fact that humans seek the good in order to achieve eudemonia, or happiness. In order to achieve this result, a human musti ness function well, and would therefore be acting with rational operation.So, if a person performs the function of rational activity well, they have acted with moral reasoning, acting faultlessly to achieve eudemonia. In summary, Aristotle imagines the good, or virtue, is in a humans self-interest because of the results it produces. However, I strongly intrust that, to classical philosophers, achieving virtue was a broader concept that its young con nonation suggests.It is commonly known that certain theories contribute be considered obsolete over time if not restated in a modern day context, because as society advances, there is a need for theories and ideas to accommodate and recognize room for such changes in order to maintain their relevance So, in order to adapt Aristotles surmise of the good, besides known as Aristotles virtue opening, into modern day life, different theorists and philosophers became interested in reevaluating the theory and adding to it in order to achieve a successful and newer theory for humans to consider.I want to discuss the most popular theories recreated from Aristotles virtue theory to prove that there is, in fact, a need to modernize and restate his original concept, there is not a need to rationalise it or substantially add to it. I believe that his theory must simply be presented through a modern outlook to be apply as a guideline as to how humans should act instead of a set group of rules that could possible contradict each other. There are many different theories to consider when trying to find the best interlingual rendition of Aristotles virtue heory, they range from supplementary views to non-supplementary and non-criteria names. For example, Supplementalists such as James Rachels believe in supplementing Aristotles theory of the good with an independent theory of right action. Whereas, non-Supplementalists can be shape up split into criterialists such as Rosalind Hursthouse, who believes that happiness ca n be objective, and non-criterialists such as Julia Annas, who believes that virtue theory does not need any criteria of right action because a truly virtuous person would neer get into a situation where a criteria of right action would be needed.These theories differ on core principles and methods of adaptation, some even disagree with parts of Aristotles theory however, they all have some form of agreement with respect to Aristotles theory of the good and can be used to enhance it for its adaptation into modern day context. After my evaluations of each philosophers view points, I have found the most practical and least contradicting theory in Julia Annas stress, universe Virtuous and Doing the Right Thing. Her essay delves into not only the original concept of Aristotles virtue theory, but also discusses the consequences of abiding by those guidelines in modern day.Her theory allows Aristotles theory to remain intact, however she refreshes it to the modern connotation it neede d to be more commonly accepted by todays society. However, when looking at the other popular views, James Rachels provides a decimal pointed argument vouching for his supplementalist view point on the theory of the good in his essay The Ethics of celibacy. In his opinion, Aristotles theory shows an excellent motivation for moral action and gives us a better perspective of our finishs by enabling a different method of weighing our action.Yet, he also states that through Aristotles theory alone, there would be no reason for individuals to think that characteristics are virtues rather than vices. For example, courage could be a vice because there is no basis for asserting that courage is a virtue. Second, he adds it is difficult to see how unsupplemented virtue theory could handle cases of moral conflict (Rachels 2). For example, honesty can conflict with kindness if a certain circumstance presents itself. According o Rachels, a purely virtue-based religion must always be incompl ete, since it could not by itself explain why certain character traits are not morally good and therefore, humans could never decipher if they are truly acting virtuously and experiencing eudemonia. In order to make such a distinction between what is and is not morally good, he concludes that a combined approach, supplementing Aristotles theory with an independent theory of right action, such as Kantianism or Utilitarianism, will allow for an adequate moral philosophical system in modern day.However, there can be problems with supplementation because moral theories, such as Kantianism for example, suffer from the same problem of deciphering the conflict of virtues. Rachels evaluates a list of virtues such as benevolence, civility, fairness, justice and so on, describing them as traits of character that should be fostered in human beings. By doing so, he conveys to the reader the need for an independent theory of right action such as Kantianism to help distinguish whether or not it is a virtue or vice. However, he does not go into detail of the problems such independent theories of right action can run into.Say Rachels wants to supplement the virtue theory with kantianism, and a person posses the virtue of honesty, however, if that person were to be conflicted by Nazis asking where hidden refugees are, that person would have to tell the truth because that is what the categorical imperative deems. Therefore, supplementing the virtue theory proves unnecessary and contradicting when trying to maintain using the virtue theory in modern day. Next, I chose to compare a theory opposing the supplementalist view such as the non-supplementalist view that Rosalind Hursthouse agrees with in her essay Virtue Theory and Abortion. However, she also adds a criterialist view point in that an action is right, if and only if, it is what the virtuous agent would do in the circumstance (Hursthouse 225). In her paper, she primarily uses the example of abortion to demonstrate her cr iticism of the virtue theory and discuss what is needed to be applied to the theory for it to promote the correct virtuous firmness in modern circumstances. She states that virtue theory cant get us anywhere in real moral issues because its bound to be all assertion and no argument Hursthouse 226), therefore, she addresses the need for clear, virtuous guidance about what ought and ought not to be done when a person is stuck in a conflicting decision of virtues. In her example of a womans decision of whether or not to have an abortion, she emphasizes the necessity of that guidance. However, in the evaluation of Hursthouses paper, she states nine separate criticisms of virtue theory, demonstrating what she believes to be an inadequate grasp either of the structure of virtue theory or what would be involved in idea about a real moral issue in its terms.She clearly makes the point that Aristotles theory of the good does not allow for a blazing answer in circumstances in which a perso n could either only do unseasonable or face the decision of acting for the good of human kind or for their own self interest. But, what she does not grasp is the simple fact that a virtuous person would never be in such situations to begin with, as Julia Annas later states. Hursthouses example of abortion becomes invalid with the realization that a virtuous person would not have trigger-happy sex to land herself in a situation of whether or not to have an abortion.She mostly disagrees with Aristotles overall concept therefore, her need to recreate it in a more understandable method is diluted and consumed by her overall goal of asserting the need of a virtuous guidance for those stuck in unvirtuous situations. Julia Annas further addresses the contradictions Hursthouse makes in her essay Being Virtuous and Doing the Right Things, in that she does not follow the criterialist belief that Hursthouse believes is necessary to make the virtuous decision.As stated before, she uses the m ain contradiction that the circumstances where there is no right answer a virtuous person wouldnt be in to begin with. Also, she believes that we are not whitened slates we already have a firm views about right and haywire ways to act, worthy and unworthy ways to be (Annas 66), and we become knowledgeable of what is right and wrong through a developmental process, not through some technical method of deciphering right from wrong. She believes that you become good at being virtuous the same way you become good in everything else, for example, in order be good at playing the piano, you must practice.Her statements help relate Aristotles virtue theory to those confused about how to apply it in everyday life. She is providing the excuse of instinct and development for the vagueness of his original theory in order to make it more practical and achievable for those wanting to act with virtue. Overall, Annas proves her view deliberately and assertively throughout her paper. It becomes ap parent that becoming a virtuous person requires a developmental process much like other activities in life.Also, through defying other theories, such as Hursthouses, she shows how uncomplicated making a virtuous decision can be, instead of making such a decision seem unachievable and complicated in modern context. I agree with her statement that it is wrong to force our everyday moral thoughts into a system of one-size-fits all kind, virtue ethics tells us to look elsewhere at what happens when we try to become a builder or pianist (Annas 73), because I believe that is how I came to learn what was morally good, and how I am still learning what is right or wrong in todays society.She revives Aristotles virtue theory for modern day by allowing its original vagueness to remain intact and not trying to rewrite the theorys initial context, while at the same time describing it as more of a guideline for humans to live by and a way to improve practical judgment in everyday life. In conclus ion, Annas non-supplementalist, non-criterialist outlook on Aristotles virtue theory provokes thought and consideration, but also relates to a reader, because if looked at closely, the virtuous developmental process can be easily recognizable in any readers childhood.Also, her analytical methods of telltale(a) the problems in other theories help the reader to comprehend her theory easier. Annas leaves the reader stating When it comes to working to find the right thing to do, we cannot shift the work to a theory, because we, inappropriate theories, are always learning, and so we are always learning and aspiring to do better (Annas 74). Overall, Annas provides the best adaptation to Aristotles theory of the good and provides a positive outlook on the methods of becoming virtuous without constraining the reader to believe that there is exact and deliberate steps a human must make in order to gain eudemonia.Her revision allows Aristotles concept to live on into modern day, and thus p rovides a well-rounded and current guideline to the betterment of todays society. Works Cited Annas, Julia. Being Virtuous and Doing the Right Thing. Proceedings and Addresses of the American Philosophical Association (2004) 61-75. Aristotle. The Nicomachean Ethics. 325 B. C. Hursthouse, Rosalind. Virtue Theory and Abortion. Philosophy and common Affairs 20. 3 (1991) 223-246. Rachel, James. The Ethics of Virtue. 1996. Norman R. Shultz. November 2010 .

Sunday, May 26, 2019

Are Iphones Making Us Stupid?

Bridgett Goss English 101 MWF 11-1150 September 23, 2012 Dr. Barko Are IPhones Making Us Stupid? Have we become in addition depended on our portable technology? Some people, not dear teenage girls, cannot function without having their surround in hand constantly. Technology is not a just product anymore, it is a lifestyle, and without it people honestly do not think that they will not make it. These smart shouts have everything on them you can assenting internet search sites, shopping net works, public networks, and so much more.People are so into their phones that they will look like complete idiots by data track into things and sometimes seriously hurting themselves because they are so taken into by their phones. I know I am a person that depends on my phone for everything, even simple things like telling the time. My phone is my access to my family all the way back in Louisiana, that is how I not only get to communion to them but to a fault get to see them by using Skype an d other camera products.Without texting and being able to communicate with other people that are across the country from me I will go crazy. I think that technology, especially smart phones, like the IPhone, they are an addiction. Like the article with Google, we are dependent on them, we do not retain information because all we have to do is type it in our phone or even talk to and ask our phone and we get a quick response.Peoples phones are their source of work also, they have their entire work career on their phone, and in some cases also their personal lives. Is there anything we can do to fix our addiction to our phones? Hopefully it will not become much more of a problem than it already is, as a whole our civilization needs to understand that technology is a resource not a life solution.

Saturday, May 25, 2019

Walmart Income Statment Comparative Analysis

Wal-Mart Stores, Inc. Comparative Consolidated Income Statement 2012 Amount Percent 443,854 100. 0% 335,127 75. 5% 108,727 24. 5% 85,265 19. 2% 23,462 5. 3% 3,096 0. 7% 2,160 0. 5% 24,398 5. 5% 7,944 1. 8% 16,454 3. 7% 2011 Amount Percent 418,952 100. 0% 314,946 75. 2% 104,006 24. 8% 81,361 19. 4% 22,645 5. 4% 2,897 0. 7% 2,004 0. 5% 23,538 5. 6% 7,579 1. 8% 15,959 3. 8% 2010 Amount Percent 405,132 100. 0% 304,106 75. 1% 101,026 24. 9% 79,977 19. 7% 21,049 5. % 2,953 0. 7% 1,884 0. 5% 22,118 5. 5% 7,156 1. 8% 14,962 3. 7% Net Sales damage of Goods Sold Gross Profit Operating Expenses Income from Opertaions Other Revenues and Gains Other Expenses and Losses Income before Income Tax Provision Income Tax Provision Net Income From above relative income statement for threes years, Walmart has lower percentage gross profit for 2012 compare with previous two year, which caused by increased cost of goods sold.However the dollar amount for net gross sales is increasing from year to year. O perating expenses are decreased for the percentage comparation, this is a favorable trend. Again the dollar amount increased. Even the other renenues, gains and other expenses, losings percentage remain the same for the past three years, but dollar amount increased. The income tax rate for the past three years are remained lucid .

Friday, May 24, 2019

Molson Coors Case Study

A. Major classifications of an income statement are Income from continuing trading operations before tax income Discontinued operations ( take in of tax) Net income from continuing operations Other revenues and expenses Operating income Extraordinary items (net of tax) Net income before extraordinary items Net income Cumulative effect of change in chronicle principle (net of tax) B. Companies various activities and transactions differ in stability and risks thereby indicating a need for information about various components of earnings.The requirement to provide classified income statements help hirers better assess the persistence of earnings and the risk related to various components of net income. Income statements may include non recurring items which should be considered in find future earnings and or cash flows, moreover GAAP require separate disclosure of a number of these items, for instance discontinued operations, thereby free a better picture of financial statements. C. In accounting, current income statements do not reflect future expectations.Part of the roles of accounting information is for evaluation and valuation. Persistent income of a company will affect the assumptions of future earnings and or cash flows, which will help to better project a companys valuation. D. (INSERT resolution HERE) E. (INSERT ANSWER HERE) F. (INSERT ANSWER HERE) G. (INSERT ANSWER HERE) H. (INSERT ANSWER HERE) I. (INSERT ANSWER HERE) J. i. Non- operational items are the following Interest expense-it is related to non-operating liabilities and Interest income- it is related to long-term loans. Debt extinguishment costs.Minority interest the part of the net income destined to the minority owners is considered as non-operating. Discontinued operations. ii. 20072006 Interest expense(126462)(143070) Interest income2658716289 Debt extinguishment costs (24478) 0 Other income1766217736 Non-operating items (106691)(109045) Tax 28%(29873)(30533) Non-operating items later tax (76818)(78512) Discontinued operations (17682)(12525) Minority interest (15318)(16089) count non-operating items (109818)(107126) iii. 20072006 Net income497192361031 Net expense 109818107126 NOPAT607010468157 K.Non-operating assets current notes receivable Notes receivable Noncurrent assets of discontinued operations Non-operating liabilities short term borrowing Current portion long-term debt Current liabilities of discontinued operations Long-term debt Derivative hedging instruments Long-term liabilities of discontinued operations k. ii. 20072006 Total assets 1345156611603413 Non-operating assets -194503229290 Operating assets 1325706311374123 Total liabilities 62854245739275 Non-operating liabilities -2907976-2523472 Operating liabilities33504483215803 Net operating assets 99066158158320L. (2007) 607010/9906615 = 6. 13% (2006) 468157/8158320 = 5. 75% RNOA has increased from 2006 to 2007 but is is low compared to industry. m. Operating profit margin (2007) 607010/ 6190592 = 9. 81% (2006) 468157/ 5844985 = 8. 01% Net operating asset turnover components (2007) 6190592/ 9906615 = 0. 625 (2006) 5844985/ 8158320 = 0. 716 The operating profit margin =9. 81 % that means that the company realized 9. 8 cents of operating profit this indicator have increased from 2006 to 2007even if the operating asset turnover has decreased. n. Non-persistent itemsDebt extinguishment costs Other income (expenses) Loss from discontinued operations Cumulative effect of change in accounting principle o- i The hard-hitting tax rate is 0. 8% = 4186/534378 p. The following income statement shows persistent earnings. 2007 as inform Presistent Net sales $6,190,592 $6,190,592 Cost of goods sold (3,702,921) (3,702,921) Gross profit 2,487,671 2,487,671 Marketing, worldwide and admin. (1,734,408) (1,734,408) Special items, net (112,194) (111,663) Operating income 641,069 641,600 Interest expense (126,462) (126,462)Interest income 26,587 26,587 Debt extinguishment costs (24,478) 0 Othe r income (expense), net 17,662 7,384 Total other expense (106,691) (92,491) Income before tax 534,378 549,109 Income tax expense (4,186) (153,751) Minority interests (15,318) (15,318) Income from continuing operations 514,874 380,040 Loss from discontinued operations (17,682) 0 Net income $497,192 $380,040 q. Persistent Interest expense $(126,462) Interest income 26,587 Other income / (expense) 7,384 Nonoperating items reported on a before-tax basis (92,491) Tax at marginal rate of 28% (25,897)Minority interest (15,316) Total nonoperating items $ (81,912) Persistent Net operating profit after tax $461,952 Net income Persistent income Return on net operating assets 6. 13% 4. 66%1 Net operating profit margin 9. 81% 7. 46%2 Net operating asset turnover 0. 625 0. 625 These numbers are mainly informative about the companys future profitability. To use the numbers to evaluate managements performance, we may include these one-time charges. But to use the number to value the firm, the persi stent numbers are better predictors of future, pass judgment profits.

Thursday, May 23, 2019

Land Law in Kenya Essay

An engagement in lower according to The Registered Land exertion detonating device 300 is delimitate as follows take in repose overwhelms absolute sustainership of province. According to Blacks virtue Dictionary, affaire with imply to state of matter justness is defined as a court-ordered sh ar in nighthing either or fragmentize of a heavy or sincere championship to or mature in airplane propeller that is, righteousness, title, and refer. Collectively, the word includes either aggregation of rights, privileges, powers, and immunities. Oxford defines interest as interest with regard to subvert legal philosophy as a right in or over kingdom.It whitethorn comp coat evenhanded ownership of the land such(prenominal) as the interest of the dwell for spirit downstairs a inuredtlement, where the legal terra firma is micturate by trustees or the benefit of some former(a) right over the land of a nonher, such as an easement or rent trip off. In altoge ther these definitions, the characteristics of rights over the land, ownership and title argon key frisks of interests in land. We should therefore examine these three to widen a full understanding of what interests in land really are. Rights over LandDefinitionA right over land is the exclusive intimacy and privilege to enjoy land due to the individuals with legal shares in the land. Land here is perceived as the following definitions dent 2 of the RTA defines land as including land and benefits to arise out of land or things embedded or rooted in the earth, or attached to what is so embedded for the permanent in force(p) enjoyment of that to which it is so attached, or permanently fastened to anything so embedded, rooted or attached, or any country or interest therein, together with all paths,passages, ways, waters, watercourses, liberties, privileges, easements, plantations and gardens thereon or there under lying or being, unless specifically excepted.Section 3 of the RLA defines land to include land covered with water, all things ontogeny on land and buildings and separate things permanently affixed to land. Section 260 of the Constitution of Kenyas definition of land includes (a) The surface of the earth and the subsurface rock(b) either body of water on or under the surface(c) Marine waters in the territorial sea and exclusiveEconomic z hotshot(d) intrinsic resources completely contained on or under theSurface and(e) The air space in a higher place the surfaceTherefore when regarding rights over land, this is looking-glass through which land is fooled. The definition of a right over land has roots in two Latin dictums. 1. Cuius est solumeius estus que ad coelum et ad inferos meaning he who owns the land owns e very(prenominal)thing extending to the very heavens and to the depths of the earth.This maxim was set forth in Wandworth v join Tel. Co. Ltd (1884) 13 B.D. 904 2. Quid quid plantatour solo, solo cedit meaning whatever is attached to the ground becomes a part of it. The rule also implies that objects attached to the building in question become annexed to the realty with the result that they are regarded as fixtures. The Land Registration crook Cap 300 Section 30 represents an evolution and stratification of these rights and goes on to describe these rights as follows 30.Unless the contrary is expressed in the register, all registered land shall be field of study to such of the following overriding interests as may for the time being subsist and affect the same, without their being beakd on the register (a) Rights of way, rights of water and cabbage subsisting at the time of first readjustment under this Act (b) Natural rights of light, air, water and support(c) Rights of compulsory acquisition, resumption, entry, search and physical exerciser conferred by any new(prenominal) written law (d) Leases or agreements for leases for a term non exceeding two years, periodic tenancies and indeterminatetenancies within the meaning of section 46 (e) Charges for uncompensated rates and other moneys which, without reference to registration under this Act, are expressly declared by any written law to be a charge upon land (f) Rights acquired or in process of being acquired by virtue of any written law relating to the limitation of actions or by prescription (g)The rights of a somebody in possession or actual occupation of land to which he is entitled in right only of such possession or occupation, save where inquiry is made of such somebody and the rights are not disclosed (h) Electric supply lines, telephone and telegraph lines or poles, pipelines, aqueducts, canals, weirs and dams erected, constructed or topical anestheticize in pursuance or by virtue of any power conferred by any written law These rights are acquired by the owner of the land.A proprietor, according to the Registered Land Act Cap 300 is (a) In resemblance to land or a lease, the someone named in the register as the prop rietor thereof and (b) in relation to a charge of land or a lease, the someone named in the register of the land or lease as the person in whose favour the charge is made These rights are enshrined in the Laws of Kenya and as such they are a fundamental aspect of the Kenyan legal go under.The importance of the rights over land are as important as the issue of land itself for the rights over land are the reason and rationale to own, hurl-to doe with and sell land. After all, what is the point of owning land if one has no rights over it? The Rationale Behind Rights over LandThe importance of these rights is engrained as much in their history as much as their practicality. The history of rights over land in Kenya can be traced back to the pre- colonial era. In pre-colonial Kenya, the land was owned by the community at large. Rights over land were granted to all members of the community. All members of the community could derive all benefits he or she so wished.(It is important to n ote that the pre-requisite to enjoy these benefits was membership to the community not proprietorship as is the case today.) However, the land being owned by the community and by virtue of the complete community being able to use of goods and services the land as they wished was by all agency and purposes owned by the community at large not by individuals. Therefore the appropriation of such land was not under the purview of individuals.By its very nature, appropriation is based on capitalist concept. The rule behind appropriation is the exclusiveenjoyment of certain property and all rights pursuant to it. The African view towards land was inherently communist. The shift from the communist view towards the rights over land to the capitalist view was a result of the British invasion and colonisation of Kenya. Colonialism brought with it a discontinue enterprise economy. A characteristic feature of that mode of production is that it is individualistic.That is to say, at the core of it, the individual has the greatest motivation if he knows that whatever he applies, whatever he produces through his own stew and effort will be entirely his and not available to be shared by others or subjected to being communally owned.One immediate jounce of the introduction of the free enterprise arranging was that land was treated as a commodity which could be individualized, sold, owned, or negociatet with as per the wishes of those who had titles to such land. Due to factory farm being the main income generator for colonial settlers and in turn the colonial disposal, the issue of land ownership and the rights over land were dispensed with expediently.Over the years, land policy in Kenya has undergone a transformation especially as a result of the 2010 Constitution. However, the basic rights over land arrive remained the same.Land term of officeDefinitions1. The use of land in a manner established by custom or law. 2. The right to ready property part of an ancient hierarchical transcription of maintaining landsUnder capitalism the system of land tenure is based on the right of private land ownership (by capitalists or small works peasants) or on a land rental agreement. Various forms of rental relationships are becoming increasingly prevalent in agriculture. Under socialism the system of land tenure is based on cosmos socialist ownership of the federal agency of production and on the socialist economic system.When the impertinently system of landholding was introduced in the el even outth century, the king gave rights over large areas of land to each of his intimately powerfulsupporters, in substitute for an oath of loyalty and the performance of services (which very often involved ghting for the king when necessary). In turn, each lord would grant to his followers similar rights over move of the land he had received, again in commuting for loyalty and services.The relationship in the midst of the grantor (the king or lord who gran ted the rights) and the grantee (the renter who received them) is called tenure (from the Latin word tenere which means to hold), and various forms of tenure developed, according to the nature of the services to be per make by the live. These forms of tenure came to be described as freehold tenures, because rights in land could be held in this way only by free men (i.e., not by the unfree serfs or villeins, who were obliged to remain in the area in which they had been born and to work for the local lord).Over the centuries, changes in society meant that the services due from the populate were no longer performed and the link between lord and tenant was forgotten. However, the underlying theory that land is held from the Crown remained, and although most forms of tenure relieve oneself been abolished a landowner is good-tempered said to hold his land from the Crown by the one remaining form of tenure (free and common socage). Nevertheless, for all practical purposes the precept of tenure has little modern signicance, and it is very likely that the owner of a house is completely unaware of his tenurial relationship with the Crown.Under feudalism there were four principal forms of land tenure. Land tenure by the feudal lord, based on various forms of hierarchical feudal land ownership and on the dependent position of the workers themselves, the serfs or feudally bound peasants.Tenure of deal land by serfs who were attached to land not belonging to them and who therefore bore various obligations to the feudal lord for its use this form secured the economic can of the class rule of the feudal lords (gentrys landowners) and, within certain limits, created conditions for the development of small-scale peasant farming.The third form was land tenure by peasants who enjoyed own(prenominal) freedom but had to pay a quitrent (monetary or in kind) to the feudal lords or fulfilpersonal obligations.The fourth was land tenure by free peasants, based on their free, al odial ownership. Such a free peasant, however, was a rare phenomenon under feudalism.Doctrine of Tenures is a doctrine followed in old English law whereby it is presumed that all land is held of the Crown, either directly or indirectly, on some type of tenure.Legal Effect of DoctrineThe crown is the owner of all the land. No one has absolute ownership. Rather, landowners hold the land of the Crown as tenants (therefore tenure). They may then alienate their land further, creating subtenants (subinfuedation). The relationship between a lord and his tenant is one of mutual duties. In return for tenure, a tenant provides the lord with services and a right to incidents.Elements of DoctrineAccording to the doctrine, all of the land finally belongs to the Crown, who gives it (via grants) to people. This means that no one has absolute ownership (no allodial land). The people are said to hold the land of the Crown. They are tenants of the crown, therefore, they are granted tenure.The doctri ne creates the system of lord and tenant the lord alienating land to a tenant (who can then alienate the land to individual else, creating a new lord and tenant relationship). There is a mutual exchange or duties and obligations between the lord and tenant Services the tenant has to provide a admixture of services for the lord in return for his tenure. In return, the lord provides the land, a court (manorial courts) and protection. Incidents the lord also had rights to incidents .Roots of DoctrineThe doctrine originated in the Norman Conquest, when William the Conquerormade the Crown the absolute owner of all land. His supporters were made tenants in chief pursuant to a grant. The old landlords who did not ascend were entitled to keep their land. To deal with this, William created the legal fiction of the Crown having granted this land to the landlords. Land ownership had a pyramidal structure with complex ties between world powers and tenants in chief. The King was at the ti p, and sub-tenants were at the bottom. In the middle were tenants who made grants.These tenants who made grants became Lords, for they possessed and held their land. The sub-tenants merely had a right to occupation. There was fragmentation in a spatial dimension (i.e. There were overlap sets of rights over a particular area of land). This allowed more than 1 person to have an interest in the same land.Development of DoctrineThe modern absolute definition of ownership exactly did not fit the feudal system of land ownership as no one person had absolute title. A freehold was not really ownership. Only the Crown had what came close to being considered absolute rights. The doctrine of tenure allows overlapping rights over one piece of land because of the subinfuedation.The process eventually became too cumbersome, and a statute was created to reduce the difficulties that arose including 1. It permitted every free man to alienate his interest in the whole or part of his land without hi s lords consent 2. It prevented further subinfeudation to occur (Substitution still remained). If A held land as a tenant-in-chief (a landlord) from the King, and gave land to B, B would become the tenant-in-chief for that parcel. Earlier, A remained tenant-in-chief, while B was in an awkward quasi-tenured position.SummationThere are two building blocks of English land law1) Doctrine of tenure2) Doctrine of res publicasThe doctrine of tenure is now irrelevant, but shaped the doctrine of estates.THE CONCEPT OF LAND TENUREThe term land tenure is derived from the Latin word tenure which means to hold. Tenure defines the social relations between people in respect of the object of the tenure, in this case land. Tenure also defines the methods by which individuals or groups acquire hold transfer or transmit property rights in land (Ogolla, Mugabe 1996).Property rights may include a variety of incompatible rights for example to build, to use, to transfer, to mine etc. the rights may be t ransferred or transmitted either together or individually at the discretion of the holder with or without limitations depending on the tenure system. Formal rules of tenure therefore define the nature and content of property rights in land or other resources and the conditions under which those rights are to be held and enjoyed.LAND TENURE SYSTEMS IN KENYAInterests in land broadly fall into two groups. Rights and that are held through handed-down African systems, and rights that derive from the English system introduced and maintained through laws enacted by colonial and then the national parliament. The former is loosely known as everyday tenure bound through handed-down rules ( normal law).The latter body of law is referred to as statutory tenure, secured and expressed through national law, in various Act of parliament e.g. Government Land Act (cap 280), Registered Land Act(cap 300), Registration of Titles Act (cap 281), Trust Land Act (cap 288) of the Laws of Kenya.a) Customar y Land TenureThis refers to unwritten land ownership practices by certain communities under customary law. Kenya being a diverse country in terms of its ethnic composition has multiple customary tenure systems, which vary mainly due to different agricultural practices, climatic conditions and cultural practices. However most customary tenure systems exhibit a enumerate of similar characteristics as followsFirst, individuals or groups by virtue of their membership in some social unit of production or political community have guaranteed rights of access to land and other natural resources (Ogendo 1979). Individuals or families thus claim property rights by virtue of theiraffiliation to the group. Secondly, rights of control are rested in the political authority of the unit or community. This control is derived from sovereignty over the area in which the relevant resources are located.Control is for the purpose of guaranteeing access to the resources and is redistributive twain spart ially and intergenerationally. Its administrative component entails the power to allocate land and other resources within the group, regulate their use and defend them against outsiders (Ogola, Mugabe 1996). Thirdly, rights analogous to private property accrue to individuals out of their investment of labour in harnessing, utilizing and maintaining the resource. Thus the present cultivator of some piece of land has the greatest rights to it.These rights transcend mere usufruct and encompass transmission and in some communities transfer (Elias 1956). Lastly, resources that do not require extensive investment of labour or which by their nature had to be shared, for example, common pasturage are controlled and managed by the relevant political authority. Every individual member of the political community has guaranteed equal rights of access thereto. The regulatory mechanisms imposed by the political units such as exclusion of outsiders, seasonal variations in land use and social press ure ensured sustainable resource utilization.This mode of ownership in Kenya is currently governed by the Trust Land Act by which all land in the rural areas which is neither disposal land nor individually owned is vested in the county council in trust for the residents living there.b) Statutory Tenuresi) Freehold TenureThis tenure confers the greatest interest in land called absolute right of ownership or possession of land for an indefinite period of time, or in perpetuity. Freehold land is governed by the Registered Land Act (RLA) Cap 300 of the Laws of Kenya. The Act provides that the registration of a person as the proprietor of the land vests in that person the absolute ownership of that land together with all rights, privileges relating thereto. A freehold title generally has no restriction as to the use and occupation but in practice there are conditional freeholds, which restrict the use for sayagricultural or ranching purposes only. ii) Leasehold TenureLeasehold is an int erest in land for a definite term of years and may be granted by a freeholder usually subject to the remuneration of a tip or rent and is subject also to certain conditions which must be observed. e.g. relating to developments and usage. Leases are also granted by the disposal for government land, the local authorities for trust land and by individuals or organisations owning freehold land.The maximum term of government leases granted in Kenya is 999 years for agricultural land and 99 years for urban plots. There are few cases of 33 years leases granted by government in respect of urban trust lands. The local authorities have granted leases for 50 and 30 years as appropriate (GOK 1996).c) Public TenureThis is where land owned by the Government for her own purpose and which includes unutilised or un alien government land reserved for future use by the Government itself or may be available to the general public for various uses. The land is administered under the Government lands A ct Cap 280.These lands are vested in the president and who has, normally through the Commissioner of Lands, powers to allocate or make grants of any estates, interests or rights in or over unalienated government land.Categories of government land include forest reserves, other government reserves, alienated and unalienated government land, national parks, townships and other urban centres and open water bodies(GOK 1996). The Government Lands Act does not contain any notion of trusteeship by government of the land to her people. In bit the government at times acts as a private owner and allocates parcels to those in its favour.d) Other InterestsThese include Reservations of other government or trust land to government ministries, departments or parastatals for their use. Minor interest such as easements, wayleaves or temporary occupation licences. Non formalised defacto tenure by which people, individually or in groups run over and occupy other people or government land particularl y inmajor urban centres of Nairobi, Mombasa and Kisumu.OWNERSHIPLand has been described as those parts of the earth that are capable in law of being owned and are within court jurisdiction. Generally , ownership of land includes the airspace above it and the sub soil below it (a coelo usque ad centrum from the heaven to the centre of the earth).Land tenure is the name given, particularly in common law systems, to the legal regime in which land is owned by an individual, who is said to hold the land self-will is the exclusive right to use, possess, and dispose of property, subject only to the rights of persons having a superior interest and to any restrictions on the owners rights imposed by agreement with or by act of the third parties or by operation of law.Ownership may beCorporeal- of material thing which may itself be a movable or an immovable Incorporeal- of something tangible e.g. copyrightOwnership involves enjoyment of a number of rights of the property. The owner can alien ate some of those rights while still retaining others e.g. an owner of land may grant a right of way or a patent owner may grant a license to manufacture the patented goods. Ownership may be held by different persons for different interests e.g. when a freehold owner grants a lease or when land is held on a trust of land for persons with interest in succession to one other. more than person can own property at the same time they maybe either joint owners with a single title to the property or owners in common each having a distinct title in the property that he can dispose of independently. A person may be either the legal and beneficial owner, or the legal ownership of property maybe separate from the beneficial ownership, which is the right to enjoy the property as when a trustee owns the legal estate in land for the benefit of another.A legally valid transaction may confer specific rights to use, posses, or deal with property without conferring ownership of it e.g. a contract ma y appoint a person as the owners agent for the sale of specify land. design HISTORY OF LAND TENUREHistorically in the system of feudalism, the lords who received land directlyfrom the Crown were called tenants-in-chief. They doled out portions of their land to lesser tenants in exchange for services, who in turn divided it among even lesser tenants. This processthat of granting subordinate tenanciesis known as subinfeudation.In this way, all individuals except the monarch were said to hold the land of someone else. Historically, it was usual for there to be reciprocal duties between lord and tenant. There were different kinds of tenure to fit various kinds of duties that a tenant might owe to a lord. For instance, a military tenure might be by knight-service, requiring the tenant to supply the lord with a number of gird horsemen. The concept of tenure has since evolved into other forms, such as leases and estates.MODES OF OWNERSHIP AND TENURE present are a great variety of modes of land ownership and tenure Traditional land tenure. For example, most of the indigenous nations or tribes of North America had no formal notion of land ownership. When Europeans first came to North America, they sometimes simply disregarded traditional land tenure and simply seized land more often, they accommodated traditional land tenure by recognizing it as aboriginal title.This theory formed the basis for (often unequal and often ab utilize) treaties with indigenous peoples. Ownership of land by swearing to make productive use of it. In several developing countries as Egypt, Senegal, this method is still presently in use. In Senegal, it is mentioned as mise en valeur des zones du terroirand in Egypt, it is called Wadaa al-yad. Allodial title, a system in which real property is owned absolutely free and clear of any superior landlord or sovereign.True Allodial title is rare, with most property ownership in the common law orb (Australia, Canada, Ireland, New Zealand, Kingdom, U nited) being in give simple. Allodial title is inalienable, in that it may be conveyed, devised, gifted, or mortgaged by the owner, but it may not be distressed and restrained for collection of taxes or private debts, or condemned by the government.Feudal land tenure, a system of mutual obligations under which a kingly or noble personage granted a fiefdom ,some degree of interest in the use or revenues of a given parcel of land, in exchange for a claim on services such as military service or simply maintenance of the land in which the lord move to have an interest.This pattern obtained from the level of high nobility as vassals of a monarch down to lesser nobility whose only vassals were their serfs. compensation simple under common law, this is the most complete ownership interest one can have in real property, other than the rareAllodial title. The holder can typically freely sell or otherwise transfer that interest or use it to secure a mortgage loan. This picture of complet e ownership is, of course, complicated by the obligation in most places to pay a property tax and by the fact that if the land is mortgaged, there will be a claim on it in the form of a lien. In modern societies, this is the most common form of land ownership.Land can also be owned by more than one party and there are various concurrent estate rules. Native title in Australia, native title is a common law concept that recognizes that some indigenous people have certain land rights that derive from their traditional laws and customs. Native title can co-exist with non-indigenous branded rights and in some cases different indigenous groups can exercise their native title over the same land. Life estate under common law, this is an interest in real property that ends at death. The holder has the use of the land for vitality, but typically no ability to transfer that interest or to use it to secure a mortgage loan.Fee tail under common law, this is hereditary, non-transferable owne rship of real property. A similar concept, the legitime, exists in civil and Roman law the legitime limits the extent to which one may disinherit an heir. Leasehold or rental Under both common law and civil law, land may be chartered or rented by its owner to another party a wide range of arrangements are possible, ranging from very short terms to the 99-year leases common in the United Kingdom, and allowing various degrees of freedom in the use of the property.Rights to use a common, which may include such rights as the use of a road or the right to graze ones animals on commonly owned land.Sharecropping, under which one has use of agricultural land owned by another person in exchange for a share of the resulting crop or livestock. Easements, which allow one to make certain specific uses of land that is owned by someone else. The most classic easement is right-of-way, but it could also include (e.g. the right to run an electrical power line across someone elses land. surnameDefin ition of titlea) The coincidence of all the elements that constitute the fullest legal right to control and dispose of property or a claim. b) The aggregate evidence that gives rise to a legal right of possession or control. c) The instrument, such as a deed, that constitutes this evidence. d) Something that provides a basis for or justifies a claime) Legal right to possession of legal propertyTitle is the set of facts upon which claim to a legal right or interest is put ined, title can exist even when there is no pre-existing legal interest or right vested in a person who claims he has title. Professor Ray Goode distinguishes title and interest in this manner A persons interest in an asset denotes a quantum of rights over which he/ she enjoys against others, his title measures the strength of the interest which he enjoys in relation to others.Title to a proprietary interest can be either relative or absolute. An absolute title is one that is indefeasible in the reason that there is no-one else who can point to a bankrupt title in respect of the same object. The essence is fundamentally that there isnt anyone with a better title. Instances of proving absolute titlei. Simplest is through creation of something out of nothing for example an author of a retain has absolute title over the said book because he wrote it and hence created something from nothing. ii. Manufacturing of something in the absence of other evidence of manufacture of the said thing being manufactured but any one other then he claiming he manufactured it for example coca-cola have absolute products over coca-cola for no one other then they have the correct manifestation of creating the fizzy drink. iii. Registration of such said title, gives you absolute title. This means that if one is to buy a piece of land and it is properly registered in the proper office then he has absolute title to the landA relative title is one that can be overcome by a person showing that he orshe has a better title to the thing It follows from the definitions of title that two or more persons may have independent legal interests in the same thing. For example, both a rightful(a) owner of an asset and a person with mere possession with the intention to control can have absolute legal interests in the asset.This legal interest is enforceable against third parties by both the true owner and a possessor. Whilst they both have same legal interests, they have titles that are different in nature. The true owner has a much stronger title than a mere possessor of the chattel.A true owner has an indefeasible title whereas the possessor has a mere relative title. The strength of the true owners title is greater because it cannot be defeated by anyone so long as the true owner has an intention to control the asset. The title of the possessor is liable to be defeated by the true owner, and thus, whilst he has a legal interest, his title is a relative one. There are different ways that one can tak e up a title, this are the ways Sole OwnerTaking title as sole owner means that only one person holds title. He or she is the sole owner of the property and no one else needs to be considered.Tenants In CommonTenants in Common means that the only thing the owners have in common is tenancy in the property. The property may have 2 or more owners and they may be related or unrelated. What is natural to note is that the percentage of each owner may be sold or willed without the permission of the other owners. For instance, if both John and Bob own a piece of property and John dies, the percentage of ownership of John goes to Johns heirs, not to Bob.Tenants in EntiretyTenants in Entirety is reserved for get hitched with couples only. This means that you own the property as one. If something happens to either one of you, the other person automatically keeps title to the property.Joint TenancyJoint Tenancy means that each of you owns the property jointly. When you take title as Joint Ten ants, youve agreed to the right of survivorship to the title of the property. This means that if one of you passes away, the other gets the property. It also means that one owner cannot sell or will the property without the other owners consent. For instance, if owner John wants to sell the property, then co-owner Bob will have to agree to that.TrustA popular trend is taking title as a trust. This means that the trust, not you, owns the property. This may protect your asset in the event of litigation Registration of title is made out by the fact that it offers cheap and expeditious insecure methods in property dealings which are in sharp contrast to the position in the unregistered system which was thought to be costly, disorganized insecure and complicated. Its principle objective is to replace the traditional and registered title method with a single established register which is state maintained and therefore conclusive and authoritative as to the details or particulars set out t herein.It is precisely because of that that it is credited in eliminating wasteful burden placed on potential purchasers under the unregistered system which requires them to separately investigate titles to get a line themselves that it is a good title that can pass and which is free from any hidden claims which may be adverse to their interests. Since it is state maintained and operated, the title registration system enjoys all the advantages that are unavailable under the registration of the deed system which is not very different from the unregistered system.Unlike the registration of the deed system the registration of title system has the capability of investing secure titles in all persons in whose favour such registration may be effected. It is further regarded as final authority on the correct position regarding any registered land. It is also cheap and expeditious in terms of facilitating various proceedings regarding registered land. State indemnity is available for any losses that may be incurred and so it makes conveyance very simple.DOCTRINE OF ESTATESDefinitionWhat is an nation?Blacks Law Dictionary defines an Estate as The amount, degree, nature, and shade of a persons interest in land or other property esp., a real-estate interest that may become possessory, the ownership being measured in terms of duration.These are interests projected on the plane of time so as to be able to be capable of quantification in terms of duration. An estate must be distinguished from Tenure, which is concerned with the quantity of estate. Tenure as it is basically refers to a set of conditions upon which an estate interest in land may be held. Hence, the relevant question is how much and not for how long, the latter being relevant to the estate.What is the Doctrine of EstatesThis is an old English rule that a person cannot own land, but can merely own an estate in it, authorizing the person to hold it for some period of time. The Doctrine Of Estates And The Ri se Of The Fee SimpleThere are two elements to the doctrine of estates, corresponding to two ways in which estates may be classified (1) Duration An estate in the land is a time in the land or the land for a time so land can be split into slices of time. IllustrationSimpson imagines a legal community the whole cake is the fee simple (time in land without end) but slices of cake can be taken out and passed to another e.g. an estate for life, then get the cake back. This is a present right to present enjoyment. Case LawWalsingham Case1(2) Time of enjoyment Not only may the right to seisin be cut up into slices of time, but there may also be a present (alienable) right to a future enjoyment, when the person with the life estate has died. This is a present right to future enjoyment (but that right can still be transferred now toanother) to get the cake back in the future.HistoryIt was formally known as the doctrine of tenure that concentrated on the quality of interests in land. It has its origin in the medieval theory in English law. After the Norman Invasion of 1066, the king acquired an ultimate radical title to all the land in England (the government has similar title in Kenya). It followed that all subjects occupied their land on terms of grant acquired ultimately from the charity of the crown. The King determined who got the best prince for land depending on your benefit to him.(Benefits included service as Knights in his army, produce from the land, service to the Crown as well as other shows of fealty.) In such an arrangement it wasnt clear what a tenant could say he owned but answer was eventually found in the doctrine of estates. This doctrine gave expression to the idea that each landholder owned not land but a slice of time. Each estate comprised of time related segments- a temporal slice- of the rights and powers exercisable over the land. Types of EstatesEstates are divided into two(a) Free-hold Estates(b) Less than free-hold Estates (Lease-hold)Fre e-Hold EstatesDefinitionBlack defines Free-Hold Estates as An estate in land held in fee simple, in fee tail, or for term of life any real-property interest that is or may become possessory. Bouvier defines free-hold estates as An estate of freehold is an estate in lands or other real property, held by a free tenure, for the life of the tenant or that of some other person or for some uncertain period.It is called liberum tenementum, frank tenement or freehold it was formerly described to be such an estate as could only be created by livery of seisin, a ceremony similar to the investiture of the feudal law. But since the introduction of certain modern conveyances, by which an estate of freehold may be created without livery of seisin, this description is not sufficient.(The term livery of seisin means simplytransfer of possession livery means delivery and is from the Old cut livrer, and seisin means possession and is from the Old French saisir or seisir. The concept behind livery of seisin, therefore, was the symbolic transfer of the possession of land. ) Summarily, this is an interest in land that a particular person holds and it is usually for an straight-out period of time and is passed on to his/her heirs according to the type of free-hold estate the owner had contracted into. TYPES OF FREE-HOLD ESTATESThere are three types of Free-Hold Estates(a) Fee-Simple Estate(b) Fee-Tail Estates(c) Life EstatesA. Fee-Simple EstateDefinitionFee refers to estates of inheritance while the word simple connotes possession by the heirs generally. Originally this was an estate which endured for as long as the original tenant or any of his heirs survived. Heirs comprised any blood relations, although originally ancestors were excluded not until the Inheritance Act 1833 could a person be the heir of one of his descendants.Thus at first a fee simple would terminate if the original tenant died without leaving any descendants or collateral blood relations (e.g. brothers or cous ins), even if before his death the land had been conveyed to another tenant who was still alive. However, by 1306 it was settled that where a tenant in fee simple alienated the land, the fee simple would continue as long as there were heirs of the new tenant and so on, irrespective of any failure of the original tenants heirs, Thenceforward a fee simple was Virtually eternal.2 The estate in fee simple is the largest estate known to the law, ownership of such an estate being the nearest approach to ownership of the land itself which is consonant with the feudal principle of tenure, It is the most comprehensive estate in land which the law recognises it is the most extensive in quantum, and the most absolute in respect to the rights which it confers, of all estates known to the law,Traditionally, the fee simple has two distinguishing features first, the owner (tenant in fee simple) has the power to dispose of the fee simple,either inter vivos or by Will second, on intestacy the fee si mple descends, in the absence of matrilinear heirs, to collateral heirs to a brother, for example, if there is no issue,3 All fee simple estates in Kenya whether by initial grant or by passage of long leases can be traces ultimately to the Crown Lands Ordinances of 1902, 1915 and the Government Lands Act4.Accordingly, their radical titles remain vested in the State. Accordingly, to H.W.O Okoth Ogendo5, the only practical implication of such conclusion is that where the fee simple cannot pass due to failure of issue, the estate will escheat to the State as the ultimate heir of all property rights in land. This is the effect of Section 8(A) (I) of the G.L.A6, which expressly preserves the doctrine.Types of Fee Simple EstatesThere are three types of fee simple estatesa) Fee Simple AbsoluteDefinitionInterests of rights are particular(a) as against others but not as against the State. This means that ownership is exclusively enjoyed by the owner and is indefeasible by anyone other tha n the State b) Determinable Fee SimpleDefinitionThe Estates terminates automatically upon the occurrence of a specified event. Some of the terminologies used are so long as, until during while and others that denote duration. c) conditional Fee SimpleThis has a stipulation attached to it by which the Estate may be cut short upon the occurrence of the said event. Some of the terminologies used are but if on condition that provided that. In Free-hold Estates is known as the grantor while the person being given the estate is known as the grantee. With Fee Simple Estates, there are certain terms used by the partakers of a Fee Simple Agreement such as The person in possession, in remainder, in reversionIn possession This denotes the person enjoying the property at that point in time In Remainder This denotes the person waiting for his/her turn toenjoy the estate(s) In Reversion This denotes the grantor who is waiting for the land to revert to him/her.B. FEE TAILFee here refers to a perso ns hers/inheritors while Tail connotes that the land passes on to specific heirs based on gender, trait or other parameter as may be specified by the grantor. It is essentially an estate that is heritable only by specified descendants of the original grantee, and that endures until its current holder dies without issue. C. Life Estatespur autre vie (For the life of another)Here the estate is determined by a particular life,it could be that of the grantee or that of another individual for example the spouse. life estate (1888) A life estate for which the measuring lite the life whose duration determines the duration of the estate is someones other than the possessors. This is an estate, which subsists for the life of another and not of whom the property rights are/were vested. Thus if property is vested in A for the life of B, the estate will last for as long as B lives. But if B dies before A, the property reverts to B, the settler.7The Kenyan positionThe foregoing classification of rights and interests in property has been imported/ into or inherited by Kenya, albeit with a few qualifications i.e. the fee tail estate is not relevant in Kenya. Accordingly we only have the fee simple estate. The fee tail estate disappeared in 1942 when the colonial government enacted the Trust of Land Act. This enactment was with one object to abolish settlement.A settlement was a devise used in England to tie up Land within the family and accordingly, to control property. After the life estate, there is a remainder, which reverts back to the donor i.e. the fee simple. For continuity, the donor can transfer the property to another and another and eventually a tail, which however, will still have a reminder, which will revert to the donor. This situation was abolished by the Trust of Land Act8. This act defined a settlement as an attempt to create a settlement without exploiting the full estate i.e.The Fee Simple. Under the act, if a person attempts to do so, whatever is don e will be convertedinto a trust for sale. A settlement will be converted by Cap 290 into a trust. An equitable interest is an interest that lies behind a trust since it creates a settlement. A trustee can always dispose of the settlement subject to the rules of the trust. The Kenyan position is further made advent of the Absolute estate.This is purely a creature of the R.L.A9. Accordingly, the absolute estate under the R.L.A supersedes the fee simple estate existent under the ITPA. However its worth noting that under the ITPA, the fee simple estate remains to be the largest estate. We still have in Kenya, the customary estate i.e. an estate in land defined by customary law

Wednesday, May 22, 2019

Diabetes And Periodontal Disease

INTRODUCTIONDiabetes and periodontal distemper are both highly prevalent in the world(a) population. A disease of the metabolism, diabetes has far reaching effects in the body. It affects the bodys capacity to fight infections and regenerate. Periodontal disease, though limited to the oral cavity, stick out influence outlineic health. The effect of diabetes on periodontal disease has been studied extensively in the past. Now, with the advent of periodontal medicine, the effects of periodontal disease on development and mince of diabetes are under scrutiny. We shall be seeing the cyclic relationship of these two diseases, and how control of one finish lead to improved control of the other.DIABETESDiabetes mellitus is a general disease with several major complications affecting both the quality and length of life. It is an endocrine disorder characterized by chronic hyperglycemia. Diminished insulin intersection, afflicted action of insulin or both, lead to decreased transport of glucose to the tissues. This leads to an elevated blood sugar level.There are two types of diabetes, depending on the produceType 1 (insulin aquiline diabetes mellitus) It is received due to autoimmune destruction of the cells of the pancreatic Islets of Langerhans.Type 2 (non insulin dependant diabetes mellitus)It is caused by underground of peripheral receptors to the action of insulin.Both types of diabetes are associated with legion(predicate) long term complications. These accept nephropathy, retinopathy, and neuropathy, cardiovascular and cerebrovascular complications. Periodontitis is now considered to be the sixth complication of diabetes.It is also associated with poor wound healing and susceptibility to infections.PERIODONTAL DISEASEPeriodontal disease keister be defined as An inflammatory disease of the supporting tissues of the teeth caused by specific microorganisms or groups of specific microorganisms, in a susceptible innkeeper, dissolving agenting in libe ral destruction of the periodontal ligament and alveolar bone with pocket formation, recession or both.Periodontitis is an ongoing process characterized by phases of destruction and quiescence. The destruction is influenced by many systemic factors like dietary deficiencies, hormonal balance and host defense. Condition like vitamin c deficiency, pregnancy, immune deficiency and diabetes affect periodontal disease.DIABETES AS AN exacerbating FACTOR OF PERIODONTAL DISEASEThe oral manifestations of diabetes include mucositis, burning mouth, candidiasis, abscesses, gingival polyps and periodontal disease. Diabetes, when a complication of Periodontitis, acts as a modifying and aggravating factor in the severeness of periodontal infection. Diabetics with periodontal disease demonstrate to a greater extent attachment loss, bone loss, and deeper probing pocket depths than non-diabetic individuals. The earlier the onset of diabetes, and the poorer the control, more is the susceptibility t o periodontal disease. Also, when a diabetic individual contracts periodontal disease, it is of a greater severity than in non-diabetic individuals.Change in the MicrofloraDiabetic individuals show elevated levels of glucose in the blood. This leads to elevated glucose levels in the gingival crevicular fluid (GCF). This changes the milieu of the periodontal microflora. There is a qualitative change of micro-organisms between non-diabetic and diabetic individuals. Studies have shown an ontogeny in the number of Capnocytophaga and Aggregatibacter actinomycetemcometans subgingivally in diabetic individuals.Microvascular AngiopathyDiabetes leads to microvascular angiopathy, causing a compromised delivery of blood and nutrients to the periodontal tissues. There is a decrease in the removal of toxic metabolites from the tissues. There is a constant release of toxins from the plaque. Thus microangiopathy can cause tissue destruction.Collagen TurnoverCollagen metabolism is defective in di abetics. Hyperglycemia is associated with an increase in protease and collagenase activity. There is an increase in Accumulated Glycation End-products (AGEs). These AGEs cause cross-linkage of collagen fibers. These fibers, then, are not make bettered or replaced. This causes decreased wound healing.Immune ResponseDiabetes also leads to a diminished immune result. Diabetic abnormalities in immune response include impaired neutrophil chemotaxis, phagocytosis and adhesion. Certain protein factors in diabetic serum competitively bind neutrophil receptors, thereby preventing complement-mediated phagocytosis. The bodys defense system is thus undermined, predisposing to infections.Cytokine RegulationDiabetics show an increase of inflammatory cytokines from monocytes/ polymorphonuclear leukocytes and reduction in growth factors from macrophages. This predisposes to chronic inflammation, tissue breakdown and diminished repair capacity. There is an increase in Interleukin1 (IL1) and Tumor necrosis factor (TNF). These, in turn increase the release of enzymes that destroy gingival connective tissue, and promote the formation of osteoclasts.Bone FormationDiabetes has also been imbed to impair the ability of new bone formation. It interferes with the process of coupling. This diminished capacity of new bone formation interferes with the ability of a diabetic individual to repair the loss of tissue that occurs in periodontal disease.Bacterial plaque is the primary etiologic factor of periodontal disease, but diabetes complicates periodontal disease by altering host response to plaque and reducing the ability to heal following surgery.PERIODONTAL DISEASE AS A MODIFYING FACTOR FOR DIABETESThe interrelationship between Periodontitis and diabetes provides an example of systemic disease predisposing to oral infection, and once that infection is established, the oral infection exacerbates systemic disease.Effects of Infection on Glycemic ControlGlycemic control is affected by all kinds of infections. Systemic bacterial and viral infections cause a resistance in the peripheral tissue receptors to insulin.In case of periodontal disease, there is a persistent bacterial infection which acts in a manner similar to other systemic infections. The presence of severe periodontal disease worsens glycemic control. This effect is more pronounced in Gram invalidating infections.Insulin ResistancePeriodontal infection causes an increase in the levels of proinflammatory cytokines, like interleukin1 (IL1) and tumor necrosis factor (TNF). Studies have demonstrated that TNF suppresses insulin action via its specific receptor hence, it exacerbates insulin resistance, producing an insulin resistance syndrome similar to that observed in diabetes. It initiates destruction of pancreatic beta cells leading to development of diabetes.Insulin resistance prevents glucose uptake into the tissues and increases the blood glucose level. The pancreas, thus, have to step up the produ ction of insulin. This effect is seen in normal individuals as well as diabetics.Periodontitis, Diabetes and PregnancyPeriodontitis is particularly a problem in pregnant, diabetic women. Periodontitis causes an increase in biologic fluids, inducing labor. In this manner, it is associated with pre term, low birth weight babies. Diabetic women are more prone to Periodontitis than non diabetic women. They also tend to have more bone loss, more attachment loss and deeper pockets than non diabetic women. Diabetes, independently, also causes complications during childbearing.The effect of Periodontitis on the duration of pregnancy is exacerbated in diabetics.Periodontitis can also cause a loss of glycemic control in this crucial time. Thus, it is important that the periodontal health of pregnant, diabetic women be evaluated. Proper treatment modalities should be undertaken to avoid an unfavourable outcome.Treatment of Periodontitis in DiabeticsRecent evidence suggests that Periodontitis should be treated differently in diabetic individuals. Periodontal surgery and the resultant transient bacteremia can cause an up regulation of TNF. This aggravates insulin resistance and upsets glycemic control. Thus Periodontitis in diabetic individuals should be treated non-surgically. The treatment of Periodontitis causes elimination of the bacterial challenge. This leads to a better tissue response to insulin. Normal tissue response is restored over time. Treatment of Periodontitis, thus, improves glycemic control. This is more apparent in patients with severe Periodontitis.CONCLUSIONPeriodontal disease is the result of a complex interplay of bacterial infection and host responses, and is often modified by various systemic diseases such as diabetes mellitus. Such diseases are able-bodied of affecting the periodontium and/or the treatment of periodontal disease.On the other hand, recent research indicated that periodontitis too can influence the course of a systemic disease lik e diabetes.In order to understand the cellular/molecular mechanisms responsible for such a cyclical association, one must identify common physiological changes associated with diabetes and periodontitis that produce a synergy when the conditions coexist. When one of the diseases is under control, control of the other disease is facilitated.Not only is periodontal disease thereby affected by systemic diseases, but carefully managed periodontal therapy may also have a positive effect on the general health of patients with systemic diseases.

Tuesday, May 21, 2019

“His fiend-like queen” Does this seem a fitting judgement of Lady Macbeth? Essay

Upon beginning the play, one number one believes that doll Macbeth does indeed possess the evil, inhumane characteristics of a fiend.Within minutes of reading Macbeths letter, in which he informs her that according to the prophecy of the witches he is a king that shalt be, she contemplates regicide, in the belief that fate and metaphysical aid doth seem to have Macbeth crownd withal. though this introductory scene portrays her as fiend-like, despite condemning Macbeth for being too fill o the milk of human kindness, she herself is worried that compunctious vistings of genius will shake her fell purpose of shoot. She then turns to demonic spirits, calling them to fill her from the crown to the toe full of direst cruelty.It is the feminine traits of compassion and fallibility often attributed to women of the Jacobean era that causes to dame Macbeth beg the spirits to unsex her here and take her milk for gall, for womens capacity for cruelty was considered to be inferior to that of men. Lady Macbeth is fully aware of her weaknesses both as a human and especially as a woman that may impede them from the golden round. From this we see that Lady Macbeth is non naturally evil, for she calls upon the supernatural to aid her in the murder they are planning to commit. This is alike shown in terms of language, for Lady Macbeth speaks in iambic pentameter, which conveys the human amount beat. This is in contrast to the non-human, fiendish, witches who use a different verse form. Therefore Lady Macbeths verse shows that not only is she human, she, unlike the demonic, has a heart.Though it is Lady Macbeth, through seductive verse, emotional blackmail and her powers of manipulation, who finally persuades Macbeth to deplete Duncan it must be remembered that murder was not, initially, the idea of Lady Macbeth.It was Macbeth who, on the fulfilment of the first prophecy of the witches, entertains horrible imaginings of murder yet fantastical. As a woman, it is true that Lady Macbeth was only able to achieve success through her maintain and, perhaps, she may have exploited his weaknesses in order to gain power. Nevertheless, from a different perspective, it may appear that Lady Macbeth simply encouraged and supported her husbands ambition, for it is Macbeth himself who satisfies his black and deep desires by killing Duncan.It is also evident that though Lady Macbeth may be fiend-like in word, she appears to be quite human in her actions. For Malcolms judgement on Lady Macbeth seems utterly justified when she talks of the babe that milks her, for she claims that even while it was smiling in her face/ Have seethed her nipple from his boneless gums,/And dashd the brains out, had I so sworn. It follows that fiend-like is a true description of her character, for it is only an evil, inhumane fiend who would murder an innocent and helpless baby.However, Lady Macbeth soon reveals her inconsistency when she confesses that she would have murdered Dunca n had he not resembled her father as he slept. From this comment we see that Lady Macbeth is more humane than she would like to believe. She also claims that she has known how tender tis to spang the babe that milks her. Lady Macbeth has experienced love and this love must still remain, for it is her love for her father that stops her killing Duncan. Therefore Lady Macbeth cannot be fully fiend-like as she possesses the decidedly human quality of love.Paranoia causes Macbeth, against his wifes wishes, to hire murderers to kill his former friend Banquo, and his son Fleance. Lady Macbeth feels that their desire is got without content and begs her husband to leave this when he hints at disposing of Banquo.He ceases to involve his partner of greatness in his plans and she is evidently no eternal dominant in the relationship. Instead Lady Macbeth is now in the position which befitted a Jacobean wife, for, according to prevalent Christian belief, the husband was the head of the family.W hereas Macbeth appears to no longer possess a conscience, Lady Macbeth is plagued by hers. She sleepwalks regularly, for unnatural deeds do breed unnaturaltroubles and is afraid of the dark, having a light by her continually, even carrying a candle whilst sleepwalking. This is in contrast to the time when she called come thick night she is afraid of the darkness which she erstwhile summoned. She, who scorned Macbeth when he feared that regicide will cause them to jump the life to come, now fears eternal damnation. She pleads with the damning guilt to leave her, crying out, out curse spot. In her disturbed sleep she instructs herself to wash your turn over, in the hold that a little water will straighten out them of this deed. However, it is soon clear that Macbeths fear as to whether all great Neptunes ocean wash this blood/Clean from his hand is not unfounded, for Lady Macbeth soon despairs that these hands will neer be clean.Earlier in the play Lady Macbeth is shown to be a m aster of language in her manipulation of Macbeth. Due to her upset state of mind she has lost the ability to speak in verse and instead uses distracted prose. At one point her language breaks down to doggerel, on her remembrance that the Thane of Fife had a wife.Lady Macbeth is no longer aware of her surroundings, as her mind recalls the various murders of Duncan, Banquo and the Macduffs. It is difficult to ascertain whether at times she is public lecture to herself or to Macbeth, for she is evidently in conversation with someone, exactly who is not clear, though she makes one reference to My Lord, Macbeth. Her insanity is also shown by her the inconsistency of her speeches and her heart disregard for chronology, for she abashs the order of the murders as well as the present with the past. Her parting words recognise the hopelessness of her situation, for she knows that whats through with(p) cannot be undone.This also shows that, unlike her husband, Lady Macbeth feels remorse f or their actions. She is sorry that their actions cannot be undone. Macbeth, on the other hand, shows no sign of regret, for he feels that he is in blood/Steppd in so far, that should he wade no more, /Returning were as tedious as go oer. Murder, including that of innocent, women and children are part of course with him. A distraught Lady Macbeth begs No more o that my Lord, no more o that, for memories of the murders serve only to torment her, though it is she who earlier unfeelingly remarked that whats done is done with the belief that things without all remedy/Should be without regard. Her guilt has driven her to near insanity and her conscience is so disturbed as to confuse her mental faculties.Eventually, Lady Macbeth by self and violent hands/Took off her life for Lady Macbeth is unable to bear the burden of guilt any longer and suicide appears to be her only option. According to Jacobean belief, suicide led to certain damnation, and Lady Macbeths untimely end is evidence of her despairing of hope in the next life, for she will now jump the life to come having resigned herself to deep damnation. This, if anything, is proof that Lady Macbeth is not fiend-like. Lady Macbeth regrets their actions, begging her husband to cease his murdering, a sign that unlike her husband, she still possesses a morsel of humanity. Lady Macbeth is by no means evil, for evil has no conscience, whereas the conscience of Lady Macbeth is very much in evidenceAs an audience we witness, through the medium of the stage, the breakdown of Lady Macbeth. We watch her eventual unravelling, from her initial ambitious purposeto murder the king, to her final, desperate act of suicide. We gradually realise, that Malcolm, blinded by the knowledge that Lady Macbeth was instrumental in his fathers death, is too harsh in his judgement of her. By showing signs of remorse, not to mention an unwillingness to kill Duncan and an inability to be cruel without aid, Lady Macbeth proves that she has no t the evil of a fiend. She is for sure not without conscience, having been tortured by guilt, nor is she without feeling, for she has known how tender tis to love. I conclude, therefore, that though Lady Macbeth is not, by any stretch of the imagination, a gentle wench, she is certainly no fiend. Though, at the beginning of the play she may have appeared to be as evil and inhumane as a fiend, by its closing, she is seen to be a wretched, desolate woman who deserves our pity.

Monday, May 20, 2019

IBM Corporation Turnaround Essay

IBM leading the engine room industry passed through several challenges in last fewer decades. IBM had undergone significant diverges to ensure effectiveness of its business. Market competition and globalization of industry decreased the effectiveness of IBM requiring change in structure and work setting. IBM focused on its core competencies while successfully adopted unexampled managerial structure placing emphasis on flexible ending devising with make upd responsibility on first line managers. Case Statement IBM was successfully leading the technology industry since its formation and fruitfully penetrated in various markets globally.However, the company expanded incautiously resulting in increased knock cost although lucre were soaring but gradual change in demand by the end of year 1990 compel significant financial problems for company depicted in huge losses for the consecutive three old age. This sideslip identifies the reasons which root to IBM condition in 1990 an d sequential pattern of changes in structure which affected the financial implementation of company. This case classifies the role of management in IBM performance and associated impact of overhead on company emf to grow.Basically, this case categorizes the problems which plunged the IBM to expire towards failure and associated role of management. Situation Analysis of IBM under John Akers Leadership IBM was absolute approx. 70% lucre of global technology industry in 1980s commencement era. However, during the last years of decade company was encountered with serious problems that affected the performance of company. John Akers, CEO of IBM appointed in year 1985, created significant changes in organization structure and work settings defined sore setting of decision making and operational procedures conforming his attitude and behavior.Company returns on assets and on equity started eroding and finally move towards negative return on business. IBM suffered with decreasing mark et share, loss of profits, negative perception building of customers towards IBM, increase competition, and failures in product launch (Hitt et al. , 2007). IBM was striving hard to compete with new entrants in market, maintain its positiveness level, and kept high market demand for its mainframe computers. Company was pursuance bureaucratic structure, centralized decision making hindering to the growth of company.IBM overhead costs were momentous to industry average cost overhead costs were three times of industry, company was inviteing high perks and benefits to employees, majority of employees were detrimental to work requirement, executives were non fully productive and were relying on junior members to perform their duties (creating un necessary employment). Company had 125 data centers globally internally organization was not proficient in IT management resulting in bad performance of IBM. investigate department of IBM appeared unable to design products in consideration of customer demand which created significant problems in the beginning of 1991 (Hitt et al. , 2007), pushing company towards change in management structure, and requiring large scale operational change in organization to cover up its cost from current demand level. SWOT Analysis of IBM IBM is operating globally leading the industry with its unmatched solution compare to competitors offerings remarking the business performance. A legal brief SWOT analysis of IBM is as underStrengths IBM offers a range of solutions to numerous businesses which differentiated it from competitors. IBM was dealing in mainframes, mainframe storage, single user personal computers, minicomputers, and client/server solutions. Company was soaring high profits from the industry, therefore spending high amount on R&D to invent and design products in consideration of future demand (Hitt et al. , 2007). IBM has strong brand image which increases the company sustainability and efficiently penetrate in competitive ma rkets.Company had effective teams of personnel reach to customers was valuable due to high value propositions. Weaknesses IBM was following bureaucratic structure and major(postnominal) executives were running the operational decisions limited decision making power cut the innovation and hindered the growth of company. Company had employed unnecessary people to fulfill job tasks, increasing the cost. However, senior management members were relying on junior/support members for reporting purposes which resulted in refined information flow necessary for organization function irrespective of challenges that can be faced in long run.Executives remuneration was truly high compare to services in return to organization overhead costs dramatically increase as different competitors entered in industry (Hickman, 2006). IBM did not focus on offering of browser and entanglement integration application which revolutionized the industry in early 1990s however investing in OS/2 operating syste m resulted in financial losses. Opportunities IBM being one of the giant leaders of technology industry secures high profits and market share. This provides company an opportunity to overtake small business entities to offer diverse and complete range of products to customer (one stop solution).Competitors were investing huge amount on new products creation which IBM can use in its product portfolio to reach global consumers to increase brand value. Threats unsanded competitors which include DELL, ACCENTURE, COMPAQ and MICROSOFT focused on offering computer products at cheap prices (Hitt et al. , 2007) IBM rely on Intel for about of its core physical component supply IBM customer relationship management strategy inefficiency of R&D to design innovative solution market globalization and organization structure created direct threats to IBM market share.