Walt Disney World Co. vs Aloysia Wood

515 So. 2d 198 (1987) WALT DISNEY WORLD CO. , et al. , Petitioners, v. Aloysia WOOD, et al. , Respondents. Supreme Court of Florida. (with professor edits) Aloysia Wood was injured in November 1971 at the grand prix attraction at Walt Disney World (Disney), when her fiance, Daniel Wood, rammed from the rear the vehicle which she was driving. Aloysia Wood filed suit against Disney, and Disney sought contribution from Daniel Wood After trial, the jury returned a verdict finding Aloysia Wood 14% at fault, Daniel Wood 85% at fault, and Disney 1% at fault.The jury assessed Wood's damages at $75,000. The court entered judgment against Disney for 86% of the damages. Disney subsequently moved to alter the judgment to reflect the jury's finding that Disney was only 1% at fault. The court denied the motion. On appeal, the fourth district affirmed the judgment **** In Hoffman v. Jones, 280 So. 2d 431 (Fla. 1973), this Court discarded the rule of contributory negligence, which Florida had follow ed since at least 1886, and adopted the pure comparative negligence standard. *** In adopting comparative negligence, this Court expressly declared two purposes for the change in judicial policy: (1) To allow a jury to apportion fault as it sees fit between negligent parties whose negligence was part of the legal and proximate cause of any loss or injury; and (2) To apportion the total damages resulting from the loss or injury according to the proportionate fault of each party. ***** The real issue before us is whether we should now replace the doctrine of joint and several liability with one in which the liability of codefendants to the plaintiff is apportioned according to each defendant's respective fault.According to Disney, this Court in Hoffman set for itself the goal of creating a tort system that fairly and equitably allocated damages according to the degrees of fault. Therefore, a defendant should only be held responsible to the extent of his fault in the same way as a plai ntiff under comparative negligence. Joint and several liability is a judicially created doctrine. Louisville ; N. R. R. v. Allen, 67 Fla. 257, 65 So. 8 (1914). This Court may alter a rule of law where great social upheaval dictates its necessity. Hoffman, 280 So. 2d 435. The â€Å"social pheaval† which is said to have occurred here is the fundamental alteration of Florida tort law encompassed by the adoption of comparative negligence. Following the adoption of comparative negligence, some states have passed laws eliminating joint and several liability, and the courts of several others have judicially abolished the doctrine. E. g. , Brown v. Keill, 224 Kan. 195, 580 P. 2d 867 (1978); Bartlett v. New Mexico Welding Supply, Inc. , 98 N. M. 152, 646 P. 2d 579 (Ct. App. ), cert. denied, 98 N. M. 336, 648 P. 2d 794 (1982); Laubach v. Morgan, 588 P. 2d 1071 (Okla. 1978). The Kansas Supreme Court in Brown v.Keill reasoned: There is nothing inherently fair about a defendant who is 10% at fault paying 100% of the loss, and there is no social policy that should compel defendants to pay more than their fair share of the loss. Plaintiffs now take the parties as they find them. If one of the parties at fault happens to be a spouse or a governmental agency and if by reason of some competing social policy the plaintiff cannot receive payment for his injuries from the spouse or agency, there is no compelling social policy which requires the codefendant to pay more than his fair share of the loss.The same is true if one of the defendants is wealthy and the other is not. Brown, 224 Kan. at 203, 580 P. 2d at 874. On the other hand, the majority of courts which have faced the issue in jurisdictions with comparative negligence have ruled that joint and several liability should be retained. E. g. , Arctic Structures, Inc. v. Wedmore, 605 P. 2d 426 (Alaska 1979); American Motorcycle Ass'n v. Superior Court, 20 Cal. 3d 578, 578 P. 2d 899, 146 Cal. Rptr. 182 (1978); Tucker v. Un ion Oil Co. , 100 Idaho 590, 603 P. 2d 156 (1979); Coney v. J. L. G. Industries, Inc. 97 Ill. 2d 104, 73 Ill. Dec. 337, 454 N. E. 2d 197 (1983); Kirby Bldg. Sys. v. Mineral Explorations, 704 P. 2d 1266 (Wyo. 1985). The Illinois Supreme Court in Coney v. J. L. G. Industries, Inc. gave four reasons justifying the retention of joint and several liability: (1) The feasibility of apportioning fault on a comparative basis does not render an indivisible injury â€Å"divisible† for purposes of the joint and several liability rule. A concurrent tortfeasor is liable for the whole of an indivisible injury when his negligence is a proximate cause of that damage.In many instances, the negligence of a concurrent tortfeasor may be sufficient by itself to cause the entire loss. The mere fact that it may be possible to assign some percentage figure to the relative culpability of one negligent defendant as compared to another does not in any way suggest that each defendant's negligence is not a proximate cause of the entire indivisible injury. (2) In those instances where the plaintiff is not guilty of negligence, he would be forced to bear a portion of the loss should one of the tortfeasors prove financially unable to satisfy his share of the damages. 3) Even in cases where a plaintiff is partially at fault, his culpability is not equivalent to that of a defendant. The plaintiff's negligence relates only to a lack of due care for his own safety while the defendant's negligence relates to a lack of due care for the safety of others; the latter is tortious, but the former is not. (4) Elimination of joint and several liability would work a serious and unwarranted deleterious effect on the ability of an injured plaintiff to obtain adequate compensation for his injuries. Coney, 97 Ill. 2d at 121-22, 73 Ill.Dec. at 345, 454 N. E. 2d at 205 (citations omitted). ***** While recognizing the logic in Disney's position, we cannot say with certainty that joint and several liability is an unjust doctrine or that it should necessarily be eliminated upon the adoption of comparative negligence. In view of the public policy considerations bearing on the issue, this Court believes that the viability of the doctrine is a matter which should best be decided by the legislature. Consequently, we approve the decision of the district court of appeal. It is so ordered.

Abstract Art Development

If you take a look at the paintings, you will see that they are abstract. In fact, they are painted in a style that is sometimes referred to as â€Å"Abstract Expressionism†. Many people have trouble understanding and appreciating this type of art. The purpose of this essay is to explain how, over time, art has evolved to become more and more abstract, and why this is important. My intention is to explain the goals of abstract art, and to help you learn how to enjoy it. To begin, I'd like to introduce you to the idea that, broadly speaking, there are two types of paintings: representational and abstract.We call a painting â€Å"representational† if it portrays specific, recognizable physical objects. In some cases, the representational paintings look true to life, almost like a photograph. For example, consider the following painting by Rembrandt van Rijn (Dutch, 1606-1669). This painting is called â€Å"The Anatomy Lecture of Dr. Nicolaes Tulp†, and was painted in 1632. â€Å"The Anatomy Lecture of Dr. Nicolaes Tulp† [1632] by Rembrandt van Rijn. Display a larger picture of this painting. When you look at this painting, it is easy to recognize what you are looking at.There are eight men wearing funny-looking clothing (actually, the style of clothing worn in 17th century Holland), and on a table in front of the men lies a dead man, whose arm is being dissected. It is easy to identify all the objects in the painting, as well as the overall meaning of the painting. (You are looking at an anatomy demonstration. ) Not all representational paintings are so realistic. For example, Paul Cezanne (French, 1839-1906) created some beautiful paintings of fruit. Take a look at this one, â€Å"Apples, Peaches, Pears, and Grapes†, which Cezanne painted from 1879-1880 Apples, Peaches, Pears and Grapes† [1879-1880] by Paul Cezanne. Display a larger picture of this painting. Obviously, this painting is more abstract than the previous one. Still, what you are looking at is representational. The objects in the Cezanne painting may not be as realistic as the ones in the Rembrandt — there is no way you would mistake the Cezanne painting for a photograph — but it is easy to recognize that you are looking at various types of fruit in a bowl. When you look at a representational painting, you get an immediate feeling as to whether or not you like the painting.For example, take another look at the previous two paintings and compare what you feel when you look at the anatomy lesson with what you feel when you look at the bowl of fruit. Abstract paintings are different. They have designs, shapes or colors that do not look like specific physical objects. As such, abstract paintings are a lot harder to understand than representational paintings. Indeed, when you look at an abstract painting, you often have no idea what it is you are actually seeing. Let's see if we can make sense out of this.In general, there are t wo types of abstract paintings. The first type of abstract painting portrays objects that have been â€Å"abstracted† (taken) from nature. Although what you see may not look realistic, it is close enough that you can, at least, get an idea of what you are looking at. If you have ever seen any of the paintings of Claude Monet (French, 1840-1926), you will know what I mean. In 1899, Monet began to paint a series of paintings called â€Å"Water Lilies†. These paintings depict the garden at his house in Giverny, Normandy (in France).Although the objects in the paintings don't really look like lilies, or water, or clouds, they are close enough that you can get a feeling for what you are seeing. To see what I mean, take a look at this painting, â€Å"Water Lilies (The Clouds)†, which Monet painted in 1903. â€Å"Water Lilies (The Clouds)† [1903] by Claude Monet. Display a larger picture of this painting. A second type of abstract painting, sometimes referred to as â€Å"pure† abstract art, is even more obtuse. Such paintings do not reflect any form of conventional reality: all you see are shapes, colors, lines, patterns, and so on.Here, for example, is one of my paintings, entitled â€Å"Blue #1†, which I painted in 2000. â€Å"Blue #1† [2000] by Harley Hahn. Display a larger picture of this painting. As you can see, nothing in this painting is recognizable. There are no people, fruit or even water lilies. When you look at such art, it is natural to wonder why anyone would bother to create such paintings in the first place. What could the artist possibly have in mind? In some cases, the design itself might be pleasing to the eye, and we might look upon the painting as nothing more than a decoration.Most of the time, however, this is not the case. Indeed, a great deal of abstract art is not particularly pleasing to the eye. Moreover, why would an artist spend so much time creating a mere decoration? There must be somet hing more to it. The truth is, yes, there is a lot more to abstract art than what meets the eye, and to see why, we have to consider the basic purpose of art. To truly appreciate a work of art, you need to see it as more than a single, isolated creation: there must be context. This is because art is not timeless.Every painting is created within a particular environment, and if you do not understand that environment, you will never be able to appreciate what the artist has to offer you. This is why, when you study the work of a particular artist, it makes sense to learn something about his life and the culture in which he lived. Although the qualities of a painting depend on the skill and desires of the artist, a great deal of what you see on the canvas reflects the environment in which the art was created. As an example, take a look at the following two paintings.The painting on the right, the well-known Mona Lisa, was painted from 1503-1506 by Leonardo da Vinci (Italian, 1452-1519) . The painting on the left, a picture of Princess Diana, was painted in 1982 by Andy Warhol (American, 1928-1987). Both are portraits of a woman, and both were produced by highly skilled artists who used similar poses — but notice the striking differences in style. â€Å"Princess Diana† [1982] by Andy Warhol. Display a larger picture of this painting. â€Å"Mona Lisa† [1503-1506] by Leonardo da Vinci. Display a larger picture of this painting.If you study the lives of da Vinci and Warhol, you will find that there were — as you might well imagine — significant personal differences between the two men. These differences, however, do not account for the vast dissimilarity in painting styles. When you compare these two paintings, what you are seeing, more than anything else, are cultural differences. When an artist creates, he is strongly influenced by the times in which he lives and, no matter how innovative he might be as a person, he cannot complete ly escape the boundaries of his culture.As you study the history of art, you see that, at any particular place and time, there is always a dominant â€Å"school† of art that defines the prevailing artistic culture. Most artists of the time work within the norms of that culture. A few artists, however — the visionaries and the experimenters — break new ground and, as they do, they encounter tremendous resistance from people who don't understand the â€Å"new† style of art. However, it is from the work of these innovators that art evolves. So how does this pertain to abstract art? Until the end of the 19th century, virtually all painting was representational.Artists painted pictures that were straightforward, and people looked at those paintings for one reason: to see the particular images that were depicted. At first, this idea sounds so obvious as to hardly be worth stating. Why else would you look at paintings, if not to see the images? However, as I wil l explain, there are other, more compelling reasons to look at a painting. Indeed, it is possible to experience a painting in such a way that you go beyond what you see, in order to find out what you might feel. In the early 1870s, a movement arose in France that began to introduce abstraction into serious art.This movement, called Impressionism, produced works of art that, for the first time, did not consist wholly of realistic images. The original goal of the Impressionists was conceptually simple: they wanted to depict nature as it really existed. In particular, they labored to capture the ever-changing effects of light, as it changed throughout the day and from season to season. For example, the French painter Monet, whom I mentioned above, spent a lot of time creating series of paintings in which he painted the same subject at different times of the day.His goal was to show how the color and form of the subject changed from one hour to the next. Take a look at this painting of haystacks, created by Monet in 1890-1891. His goal was not to paint a simple image of a stack of hay, but rather to show the color and form of the haystacks at a particular time of day at the end of the summer. From Monet's point of view (I imagine), the painting was more of an exercise than a work of art. â€Å"Wheatstacks (End of Summer)† [1890-1891] by Claude Monet. Display a larger picture of this painting. Around the same time, another school of art, Neo-Impressionism, arose from the influence of Impressionism.The Neo-Impressionists used many small side-by-side dots to build up various shapes and colors. You can see this technique — which is known as â€Å"pointillism† — in the following painting, â€Å"A Sunday Afternoon on the Island of La Grande Jatte†, created in 1884-1886 by Georges Seurat (French, 1859-1891). â€Å"A Sunday Afternoon on the Island of La Grande Jatte† [1884-1886] by Georges Seurat. Display a larger picture of this painting. Finally, in the 1880s and 1890s, a disparate group of artists sought to move beyond Impressionism and its obsession with the changing effects of light.These artists, collectively known as the Post-Impressionists, created a wide range of striking and innovative paintings. Among the most important Post-Impressionists were Paul Cezanne (French, 1839-1906), whom I mentioned earlier, Paul Gauguin (French, 1848-1903) and Vincent van Gogh (Dutch, 1853-1890). When you look at Impressionist paintings, you will notice that, although they are generally soothing to the eye and calming to the spirit, they are, as a whole, quite boring. This is not the case with the Post-Impressionsts, as you can see by looking at the following two paintings. First, here is â€Å"Where Do We Come From?What Are We? Where Are We Going? â€Å", painted in 1897 by Gauguin. â€Å"Where Do We Come From? What Are We? Where Are We Going? † [1897] by Paul Gauguin. Display a larger picture of this painti ng. Next, take a look at â€Å"Irises†, painted in 1889 by van Gogh. â€Å"Irises† [1889] by Vincent van Gogh. Display a larger picture of this painting. The last three decades of the 19th century were a time of two important — and distinct — transitions. First, as I have mentioned, there was a gradual change from representational art to abstract art. You can see this in the work of the Impressionists and Neo-Impressionists.The second change was more subtle, but far more important. With the work of the Post- Impressionists, the purpose of art itself had begun to change. For most of history, the primary purpose of painting had been to portray images, rather than to evoke feelings and emotions. Starting with the Post-Impressionists, however, the emphasis began to shift. For the first time, unconscious feelings began to find their way into mainstream art. What allowed this to happen was that the Impressionists had loosened the bonds, giving permission for pa inters to stray from their representational roots and become more abstract.To be sure, the Post-Impressionists were still quite literal in their work: when you look at the work of Cezanne or Gauguin or van Gogh, you do know what you are looking at. Indeed, at the beginning of this essay, I used one of Cezanne's paintings (â€Å"Apples, Peaches, Pears, and Grapes†) as an example of representational work. Still, the gradual shift to abstraction and the capturing of deep-seated emotion was real and far-reaching. The reason that this is so important is that most of human life exists unconsciously, below the surface of perception and beyond the reach of voluntary, purposeful thinking.Within this netherworld, lies the strong, untamed and irrational forces that give life to our being and definition to what it means to be human. Until the 20th century, artists had to be content with merely grazing the surface of consciousness. Try as they might, their ability to penetrate to the hear t of what it means to be human was limited by their tools. When the brain processes a recognizable image, a mental barrier is erected that prevents significant entry into the processes of the unconscious.Thus, representational art, by its very nature, imposes limits on how deeply an artist is able to insinuate him- or herself into the unconscious processes of the observer. However, with the coming of abstraction, artists had, for the first time, a powerful tool that would allow them to bypass literal perception and reach into this otherwise impenetrable world of unconscious emotion. This was possible because, the more abstract a work of art, the less preconceptions it evokes in the mind of the beholder. In the hands of a skillful practitioner, abstract art can be an extremely powerful tool.However, as I will explain in a moment, such tools require more than the skill of the artist, they require the cooperation of the observer. Before I get to this point, however, I'd like to continu e with a bit of history. By the beginning of the 20th century, the move towards abstraction had generated enormous possibility. Previously, painters — restricted by the conventions of representational art — had confined themselves to either imitating nature or telling stories. Now, for the first time, artists were able to enter a realm in which unbounded imagination was, not only possible, but desirable.Between 1910 and 1920, a new movement towards abstract art, both in painting and sculpture, arose in Europe and in North America. The first important abstract artist was Wassily Kandinsky (Russian, 1866-1944). During the years 1910 to 1914, Kandinsky created a series of paintings which he called â€Å"Improvisations and Compositions†. Even today, almost a century later, Kandinsky's work is striking in its ability to bypass our consciousness and stir our inner feelings. Take a look, for example, at one of my favorites, â€Å"Improvisation 7†, which Kandinsk y painted in 1910. â€Å"Improvisation 7† [1910] by Wassily Kandinsky.Display a larger picture of this painting. The work of Kandinsky was extremely influential, and helped to usher in an age in which a number of abstract movements were established, one after another: Cubism, Futurism, Vorticism, Neoplasticism, Dadaism, Surrealism, and so on. Rather than describe each of these movements in detail, I'd like to jump to what I consider to be the defining point of 20th century art: Abstract Expressionism. What we now call Abstract Expressionism emerged in New York in the early 1940s. It was not so much a well-defined school of art, as a way of thinking.The Abstract Expressionists made the final break from the rigid conventions of the past, by redefining what it meant to be an artist. In essence, they rebelled against what the rest of the art world judged to be acceptable. Although the idea of abstraction had been around for some time, the Abstract Expressionists went a lot furthe r. They began to emphasize, not only the finished product, but the actual process of painting. They experimented in how they interacted with the paint, the canvas, and their tools; and they paid attention to the physical qualities of the paint itself, its texture, color and shape.I realize this sounds vague and pretentious, so I will explain to you what it all means. Before I do, though, let's take a look at an Abstract Expressionist painting, so you can at least get a feeling for what I am talking about. The following painting was created in 1950 by Jackson Pollock (American, 1912-1956), a pioneer of what came to be called â€Å"action painting†. The painting was originally called â€Å"Number 1, 1950†, but at the suggestion of an art critic named Clement Greenberg, the painting was renamed â€Å"Lavender Mist† (although, there is actually no lavender in it). Lavender Mist† [1950] by Jackson Pollock. Display a larger picture of this painting. The name â⠂¬Å"action painting† was coined to describe the techniques used by Pollock. He would fasten large canvases to the floor of his studio, and then drip, fling, and spill paint on them. He often used regular house paint, because he preferred the way it flowed. Now, I understand that the first time you look at a picture like â€Å"Lavender Mist† you may see nothing more than a confusing array of disorganized lines and spots. â€Å"What,† I hear you say, â€Å"is this supposed to mean?How could anything so primitive and crude be considered to be great art? It looks like something a bored kid would do if he was left alone in an art studio with no supervision. † Before I explain why â€Å"Lavender Mist† is, indeed, great art, let me tell you a quick story. A few years ago, I decided to visit Washington, D. C. by myself. It was the middle of winter, and the city had been hit by a huge snowstorm. I was all alone, so I decided to walk to the National Gallery o f Art. The streets were virtually empty, and as I entered the museum, I could see that it too was empty.I asked the information person if they had anything by Jackson Pollock. She said yes, and gave me directions to the room in which his paintings and drawings were hung. I had heard of Pollock and seen photographs of his work, but I had never seen any of the paintings in person. I still remember the feeling I had when I descended the stairs, turned the corner, and looked at the wall. I was alone in a large room and, there on the far wall, was â€Å"Lavender Mist†. The effect it had on me was completely unexpected. It was the only time in my life when I can remember a painting, literally, taking my breath away.I know this will sound a bit sappy, but seeing that painting changed me forever. Looking at a Jackson Pollock painting for the first time. How could this be the case? You just looked at a picture of the same painting, and I doubt you felt as if you had been changed forev er. First, I should explain that the actual canvas is large, nearly 10 feet (3 meters) long. It is quite imposing when you see it in person, especially in a large empty room, where the painting seems to reach out, grab you and pull you towards it.Second, what you see in the picture above is nothing like the real thing. Not only is the picture on your screen much smaller than the actual painting, but the colors you see on a computer monitor are muted and inexact. Moreover, on a computer screen, you do not get a sense of the texture of the paint and the canvas. All of this you understand, I am sure. Everyone knows that viewing a real painting is a lot different from looking at a picture of the painting on a computer monitor (or on a projection screen in an art history class, for that matter).However, there is another reason why I was so moved by â€Å"Lavender Mist†, and it has to do with the very purpose of art. To discuss this, we have to consider the question, Why do we crea te art? There are a number of straightforward reasons why human beings create art: to make a decoration, to tell a story, to capture or preserve an image, or to illustrate an idea. However, there is another, more subtle, but far more important reason why art is important to us. The need to reach inside ourselves and manipulate our unconscious feelings is universal.We all do it to some degree, although most of the time we are blind to what we are doing. That is where art comes in. As I explained earlier, one of the purposes of art is to allow us indirect access to our inner psyche. Great art affords a way to get in touch with the unconscious part of our existence, even if we don't realize what we are doing. In this sense, the role of the artist is to create something that, when viewed by an observer, evokes unconscious feelings and emotions.The reason abstract art has the potential to be so powerful is that it keeps the conscious distractions to a minimum. When you look at, say, the apples and pears of Cezanne, your mental energy mostly goes to processing the images: the fruit, the plate, the table, and the background. However, when you look at â€Å"Lavender Mist†, you are not distracted by meaningful images, so virtually all of your brain power is devoted to feeling. You can open yourself, let in the energy and spirit of the painting, and allow it to dance with your psyche.Of course, this only works if you cooperate with the artist. His job is to create a painting that is rendered so skillfully that, when you look at it, what you see actually changes what you feel at an unconscious level. Your job is to clear your conscious mind of thoughts and preconceptions in order to allow yourself to be influenced by what you are seeing. This means that, if you are to truly appreciate a work of art, you must be willing to let yourself go, to put yourself in the hands of the artist, so to speak, and let him take you wherever he wants.Much of the time, this partners hip fails, sometimes because the artist is simply not skillful enough; often because the person looking at the painting does not know how to truly appreciate it. Now you can see why the advent of Abstract Expressionism was so important. For the first time in history, artists were creating abstract art so skillfully that it was able to penetrate quickly and powerfully into people's subconscious (at least some people, some of the time). Thus, it is possible to view the history of painting as a long evolutionary process, starting with the slow, labored development of tools and techniques.Eventually, after centuries of representationalism, the Impressionists began to shake off the long- standing restrictions, which led to the development of various schools of abstract art, culminating, in the 1940s, with Abstract Expressionism, the beginning of a new age of creation and human achievement. I'd like to introduce to you a few of the Abstract Expressionists, painters whose work was importan t to the evolutionary process that redefined what it meant to be an artist. One thing that you will see is that work of these painters varies greatly.This is because, as I have mentioned, Abstract Expressionism is not so much a school of painting as a way of approaching and experiencing the act of creation. I have already shown you â€Å"Lavender Mist† (1950) by Jackson Pollock. Here is one of Pollack's earlier paintings, â€Å"The Key†, which he created in 1946. â€Å"The Key† [1946] by Jackson Pollock. Display a larger picture of this painting. Next, I'd like to show you a painting by Arshile Gorky (Armenian-American, 1904-1948), whose work had significant influence at the time that Abstract Expressionism was emerging.This painting, called â€Å"One Year the Milkweed†, was created in 1944. â€Å"One Year the Milkweed† [1944] by Arshile Gorky. Display a larger picture of this painting. When you are just getting used to abstract art, you might wond er, just how good are these artists anyway? It doesn't look all that hard to fill a canvas with lines, and smears, and splotches. I can assure you that the best abstract painters are all highly skilled artists in their own right. For example, here is a charcoal sketch done by Gorky in 1938, called â€Å"The Artist's Mother†. It is actually an idealization of his mother, inspired by an old photograph. ) â€Å"The Artist's Mother† [1938] by Arshile Gorky. The next painting is by Franz Kline (American, 1910-1962). It is called â€Å"Painting Number 2†, and was created in 1954. â€Å"Painting Number 2† [1954] by Franz Kline. Display a larger picture of this painting. Finally, here is a painting by Mark Rothko (Russian-American, 1903-1970), entitled â€Å"White Center† and created in 1950. This painting is an example of what is called â€Å"Color Field† painting: an abstract image with large areas of undiluted color. â€Å"White Center† [1 950] by Mark Rothko.

Juan Peron

Peron in the Advancement and History of Argentina During the 19th century in Argentina, the country advanced through many different historical changes. These changes included changes within their political system, government, and changes that would affect both the laws and the Argentine people all together. During the earlier 19th century, Argentina went through a stage of depression. It wasn’t until the 1930’s that military officials took control of Argentina’s government and things began to change. From this point on, the country of Argentina began to go through major changes and would soon receive the knowledge and leadership style of a man by the name of Juan Peron. Not only would he become the President of Argentina, he would transform Argentina and introduce new documents for the Argentine people; that outlined how to regulate the country and its citizens as well. These documents such as the â€Å"Declaration of Worker’s Rights† would alter the Argentine lifestyle and ultimately change it for the better. When looking back at the beginning, at the time when the economy of Argentina was being transformed; the factor of industrialization had a major impact. Once this took place, there was almost a massive promotion of industries, and within these years the industrial class actually tripled. This was due to the vast majority of European immigrants that Argentina received during this time, a time in which Argentina became known as â€Å"then nation of immigrants†. These immigrants and a couple of Argentine rural families began to relocate themselves within Argentina’s capital city of Buenos Aires. After Argentina began to slowly get back on its feet, the power of Juan Peron was discovered. Peron had probably one of the biggest impacts in Argentina when reviewing documents and history he put into order. Peron was a military colonial in Argentina, until he was named the Minister of Labor within the new government. While he carried this title, Peron did what he could to help improve the labor relations as much as possible. He started off doing this by, elaborating a vision of industrializing through social justice. Once throwing this idea out there, he began to create a close relationship between himself and the workers. Peron put it in his best interest to create laws that would help support these workers. By 1943-1944, Peron was officially passing laws in order to protect workers and also in an effort to create a multi-class alliance. These laws included paying workers more in order to live a standard lifestyle. All-in-all a change like this would allow workers to have enough funds in order to consume more. Therefore, putting money back into Argentina; would overall raise the economy to a higher level. These minor changes were just a start to what Peron would do for Argentina. Since Juan Peron was becoming more and more popular with the Argentine people, the military in control of Argentina began to feel threatened due to his success. In October of 1945, the Argentine military put Peron in jail. Although this did happen, it would not be the end of Juan Peron. A mass amount of workers protested the release of Peron and made his unjust confinement a huge issue. The military then released Peron, and in 1946 he then became the President of Argentina. Once elected President, Peron created the â€Å"Partido Unico de la Revolucion, also known as Peronism. He began to pursue policies aimed at empowering the working class, and expanding the amount of unionized workers. Peron also created a nationalistic view that would go against the Oligards (leading families that rules and controlled the economy of Argentina). This was seen as a good thing, since the Oligards were corrupt and responsible for the weakness of the nation in the past. When gathering information it is quite clear that Juan Peron had a major impact on Argentina. He began to nationalize banks and railroads, and continue to improve the rights of the working class. Although he was seen as a positive and influential figure, Peron did in fact lose the interest in some. After 1955, Peron actually insulted the Catholic Church and made divorce legal. He also took the education system out of their hands and put it within government control. This stunt gave the military a reason to push Peron out of power, and exiled him, stripping the president title. A couple of years later Peron returned and got reelected as President. This was seen as a must since the needs of the Argentine people decreased after his banishment, and Argentina was not that well. This was put in place until his death in 1974. As stated before, Juan Peron had a good run as President, and created many influential documents, such as â€Å"The Declaration of Workers Rights†. This document was proclaimed in public on the 24th of February, 1947. It introduced many rights that can be compared to Canada’s Charter Rights we have in place today. Before Peron, Argentina did not have set rules and laws in order to protect and better the life style of the working man. Peron gave the Argentine people the right to work and have such things as social security. This entailed an individual’s rights to be protected in case of disability. He gave them the ability to work at a rate that would support a lifestyle and the right to be in a better economic situation. This included the right to a fair wage, and the right to well-being. Employers now had the duty to train employees and create working conditions that reciprocated respect in the productive relationship of their workers. The Workers Rights was seen as one of Peron’s strongest platforms, and one that the Argentine people would remember him by in the past and present. When looking at the time period before Juan Peron, there were no such documents to help better the working class of the Argentine people. He created such an improvement within their government and legal system that would be remembered forever. At the turn of the 20th century, Argentina became quite wealthy and well established. The work in the past years in order to get to this rank now, took a lot of change and change in leadership style. Peron is seen as one of the main leader in populism, and his style was a success. All-in-all Juan Peron is seen as an important historical figure within Argentina. There are many factors that have helped Peron achieve his many goals and one important one is his leadership style. When you think of Peron’s style of leadership, you think of â€Å"the people’s party† (populism). Populism is seen as a way in leading with the citizen’s best interests in mind. Populism assumes an emotionally charged relation between the leader and the people who follow him. It can obscure class rule and inequality. When having the best interests of the Argentine people in mind, Juan Peron would automatically win the hearts of these citizens. It is the reason he was seen as such a good leader and a man who changed the ways of Argentina, specifically its working force. He has done a lot such as altering the way in leadership, creating laws and rules that would create an overall happy working class and finally improving Argentina’s economy once and for all. Peron is a legitimate hero for the working class of Argentina and is the man who would create the outline for populist leaders to follow. From all the populist leaders such as Brazil’s Getulio Vargas, and Mexico’s Lazaro Cardenas, I believe Juan Peron had the biggest impact therefore named the official figure or image of populism itself. Through struggles and issues with the military, Juan Peron overcame everything achieved his goals and improved not only the history but the country of Argentina itself.

Corporate governance in Islamic banking Assignment

Corporate governance in Islamic banking - Assignment Example Moreover, Islamic finance is one of the ways to accommodate Islamic value in finance, it insists on the importance of the accountability, transparency, and trust. Islamic banking refers to a system where all banking behavior is consistent with Islamic law and guided by the economics of Islam. Since the introduction of Islamic banking, the number of Islamic financial institutions has increased globally. This is because of the increase in Islamic population and the economic development of Islamic nations. Today, there are more than 300 institutions in more than 75 countries. In addition, there is the development of many Islamic financial products used in financial market activities, for example, trading, and investment. Corporate governance in Islamic finance entails the institutions abiding by the Islamic rules also known as Shariah. The rules govern the bank’s operations, according to Islamic principles that are derived from Quran and Hadith. Islamic financial institutions operate in the same space as the conventional banks and perform all functions expected from a financial institution. In addition, savers are able to collect deposits for the purpose of reward from both types of institutions. However, the difference comes in when agreeing on the reward. Under the conventional system, the reward is normally predetermined and fixed while in Islamic system, the reward is variable and the deposits are acceptable through Musharaka (Lewis, 2001). Additionally, the returns under conventional banking are usually higher on long-term deposits and low for short-term deposits. On the other hand, higher profit sharing is assigned to long-term deposits available for investing in long term projects, earning high returns and low weight for deposit that are short-term that cannot be spent in long term projects. Under Islamic banking, the risk and rewards are

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Movie analysis - Essay Example She then wakes up with the reality at home. She is beaten by her mom physically while she does the chores and cooking at home. One night, her principal at school visited her and seeks to speak with her mom. The principal, Mrs. Lichenstein, talks to her mom about Precious going to an alternative school Each One, Teach One, where, she thinks that Precious would get better learning. Mary, extremely aghast at the suggestion of the principal, beat Precious as soon as the principal left. She blamed Precious for her miserable life, adding accusation of stealing her lover (Precious father) when he raped her child in her presence. She verbally oppress Precious with negative words such as fat, ugly, undesirable and that school will do her no good. She don’t want Precious to go that new school in fear that it would jeopardize the welfare checks coming from the government as she pretends to be a good but jobless mom in front of the Social Welfare. Precious went to the suggested Alternative school Each One, Teach One where she met her understandable but straight A lesbian Ms. Blue Rain. She was encouraged by her new teacher and fellow students on her new environment. She developed her writing abilities as their teacher constantly asked them to write about what is in their hearts. True enough, the welfare checks stopped coming making Mary bellow in total hysterics and once again beat Precious. Precious, tired of lies soon revealed to the Social Welfare about her mom’s cruel treatment to her and asks for assistance to be moved away from her. Precious gave birth to her second child as she is reciting in class. At the hospital she met John, her attending nurse and discovered the fresh feeling of getting attended upon. When she was discharged, she returns home with her mom totally in wreck, determined to bring havoc once again through the many modes of abuse. She ran away with her baby Abdul. Precious got assistance from the social welfare to be housed

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The Tenant of Wildfell Hall by Anne Bronte - Essay Example The structure of the novel is a story within a story. The writer introduces a diary entry in the middle of the novel to tell the story of how Helen married and ran away from her former husband. The diary, told from Helen’s point of view, forms the bulk of the novel and most of the themes are to be found in this part of the book. Through her diary entries, Helen lets the reader know exactly what she went through in her marriage and what pushed her to want to leave her husband. It is through the diary narrative that the reader gets to know more about what society expected of women and the role of men during the Victorian era. The complex structure of the novel depicts the complex social situation of the woman during the Victorian era. The Tenant of Wildfell Hall talks about the issues of marriage, divorce and remarriage during the Victorian era. The main focus is on the place of the woman in a patriarchal society which considers a woman to have no rights whatsoever once she is married. In this society, the woman is supposed to be the angel in the house, the good person who is there to serve her husband and take care of her children. The heroine in the story is Helen, a woman who gets married to Arthur Huntington, a character presented as lacking in basic morals and sense of responsibility. Huntington represents the male figures during the Victorian era who drink themselves to stupors, gamble and party without having any regard for the consequences of their actions (106). On the other hand, their faithful spouses are required to put up with their roguish behaviors and ask no questions at all. Helen’s outspoken nature often puts her in conflict with those around her since it is expected that she should not question what her husband does. At the beginning of the narration, Helen meets and falls in love with Huntington who is handsome and has a charming personality which Helen falls

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International Maritime Organization IMO-International labour organisation ILO Co-relationship in Maritime Administration - Essay Example The establishment of the IMO in the year 1948 was in response to the proposal made by several countries stressing the need for an international body to promote maritime safety in a more effective manner. The IMO Convention proposed an article which summarized the purpose of the organization. It called for cooperation among governments in relation to technical matters governing the shipping industry, to adopt the highest practical standards for maritime safety, and to improve navigation efficiency and to control and prevent marine pollution (Introduction to IMO, n.d). Following the convention, the IMO adopted a newer version of SOLAS (safety of life at sea), which is concerned with maritime safety, in the year 1960. It further regulated international maritime traffic and the carriage of dangerous goods and also revised the measurement of tonnage in ships. In addition, following the increasing number of oil spills by oil tankers owing to the rise in the transportation of oil across cou ntries, the organization also laid down measures to reduce marine pollution due to tanker accidents as well as those resulting from disposal of chemical and garbage wastes into the sea. One of the important measures introduced by the IMO is the International Convention for the prevention of pollution from ships (MARPOL) which strictly regulated oil spills and also disposal of wastes into the sea (Introduction to IMO, n.d; IMO and ILO, n.d). In addition to taking measures to prevent marine pollution, IMO also adopted two treaties by which suitable compensation was provided to the victims who suffered losses due to the pollution. In the year 1970 the International Mobile Satellite Organization, which was launched as a global search and rescue system, has further improved the radio communication in ships. As a further advancement, the Global Maritime Distress and Safety System, which came into existence in the year 1988, now ensures that any ship in distress can be guaranteed with imme diate assistance through automatic message transmission (Introduction to IMO, n.d). The safety of the human force in ships are being taken care of by two standards, the International Safety Management Code and the amendment to the Convention for the certification and watch keeping of seafarers (STCW) (Introduction to IMO, n.d; IMO and ILO, n.d). In addition, further conventions related to maritime safety were adopted in the 2000s and several amendments have been adopted as a result changing technology or lessons learned from accidents. Some of the key issues of the IMO at present include tackling modern day piracy, reducing green house gas emissions from ships, and ensuring the safety of the seafarer. Secure, environment friendly, and maintaining sustainable cooperation in the shipping industry is the motto of the IMO and the organization is working towards achieving these objectives by adopting and implementing the right standards and legal practices (Introduction to IMO, n.d). ILO is the abbreviation for International Labor Organization which is a tripartite UN agency that oversees the labor standards, their rights and welfare across the world. It was founded in the year 1919 during the war crisis when it was strongly believed that universal peace can be achieved only through the establishment of a social justice system. Its representatives include the international labor conference, the

Chang Koh Metal Ptd Ltd Essay Example for Free

Chang Koh Metal Ptd Ltd Essay Comment on the fixed salary system that Andrew adopted from his former employer. Why was this system not effective for motivating the plant workers? Do you think that scrapping the fixed salary system and replacing it with the piece rate system was a good idea? What are some of the strengths and weaknesses of the piece rate system? Why was Andrew unsuccessful in his efforts to improve product quality? Do you think that a system of demerit points and wage deductions of the quality control workers would have been effective? Will more supervisors in the quality control department and shipping products to Singapore for final inspection solve the problem? What do you think would be an effective way to improve product quality? Were cross-cultural differences a factor on the effectiveness of the salary system? How effective do you think each system would have been if the plant was located in North America? Discuss the potential effects of implementing an MBO program in the plant. Do you think it would improve productivity and solve some of the problems? Are there any conditions under which the piece-rate system might have been more effective? What are some alternative ways to use pay to motivate the workers at the plant? Are there alternatives to the piece-rate system and how effective are they likely to be? What does this case say about using money as a motivator? What should Andrew do now? What would you do? ANSWERS QUESTION 1: The system was not effective for a number of reasons. It did not link pay to performance. Workers were paid a fixed salary based on the number of hours worked. This system does not take productivity into account as workers are paid the same amount per day regardless of the quantity produced. There is no incentive to reward workers for higher productivity and quality under this payment system. Another reason why the fixed salary system did not work was that it did not take cultural differences into account. Andrew imported an American business model that suited American employees who tend to have a highly individualistic culture. This is where workers perform their job based on what is required of them and do not care so much about other worker salaries but place more precedence over their own. The Chinese tend to have a culture of collectivism where each worker looks out for the best interests of their co-workers. Employees tend to place their collective goals ahead of those of the company and if both do not agree, a situation of lack of goal congruence results. QUESTION 2: Andrew adopted the same salary system as he seen used by his former employer and paid his workers a fixed salary based on the number of hours worked. The results of his actions were low productivity rates, and the workers demonstrated very little commitment to meeting the companys goals. Providing salaries for everyone changes labour cost from variable to fixed with serious employment security implications. The success of a fixed salary system requires stable, mature, responsible employees, a cooperative union, willing supervisors, and a workload that allows continuous employment. Based on the case it is evident that the fixed salary system adopted by Andrew was not successful hence we think that scrapping the fixed salary system and replacing it with the piece-rate system was a good idea but it  must be implemented with strict quality control programs. Piece-rate system usually works like this: An employee is guaranteed an hourly rate (probably the minimum wage) for performing an expected minimum output (the standard). For production over the standard, the employer pays so much per piece produced. Some of the strengths and weaknesses of the piece-rate system are as follows. Compared with a fixed salary system, the introduction of a piece-rate system usually leads to substantial increase in productivity. This system is a form of extrinsic motivation to employees. This means that the piece-rate pay, which stems from the work environment external to the task, motivates employees. According to the case, if workers produced at or below the minimum production standard for the day, they received additional money for each extra piece produced; hence they are motivated to produce above the rate in other to receive additional money. The piece-rate system may be designed to affect output other than performance. For example, employers may use the system to lower absenteeism and turnover. The system also allows employees to monitor the performance of individual employees, compare them and take the necessary actions based on the results and reduces non-value added activities which in turn lower cost. Along with the many strengths of the piece-rate system there are also some weaknesses. The use of the piece-rate system does increase output. Although production increases, other performance criteria may suffer for example quality. As mentioned in the case, after a short period of introducing the piece-rate system customer complained about low quality of the goods they were receiving from the company. Some employees are more inclined to perform better than other, since people have varying motivation to work. Employees may be dissatisfied if they have to work harder or if they feel manipulated by the system. And finally a piece-rate system that rewards individual productivity might decrease cooperation among workers. QUESTION 3: Andrews efforts were unsuccessful mainly because of the culture of the workers. The Chinese culture is one of collectivism which explains why the quality control inspectors chose to ignore products of poor quality. An implementation of a demerit system and wage deductions of quality workers may have worked but may have also had an adverse effect on the workforces motivation and their morale. The employment of additional supervisors and the shipping of final products may have also eased the situation but the question of whether the benefits outweigh the costs should be of major importance to Andrew as the chance of the company facing losses increases. Again, considering the culture of the workforce, there is a great possibility the most of the new supervisors can adopt the same attitude as the current ones. Presently, the method used by Andrew is a reactive one; an effective way to improve quality may be to have a more proactive system. Along with training the quality staff, Andrew should also train the production workers. The use of this preventative method will save a lot of resources that would otherwise go to waste. Andrew should also explain to all workers the true and long term cost of allowing product of poor quality to reach the market, which would be the loss of customers, the closing of the plant and their dismissal. QUESTION 4: Cross-cultural differences were a factor in the effectiveness of the salary systems. According to Hofstedes study, work-related values differ across culture. The North American culture is more individualistic whereas the culture in Asian countries such as China and Singapore is more collectivist. As a result, salary systems that emphasize individual initiative may not be successfully implemented in China as it would be in America. The collectivist culture in China emphasizes interdependence and loyalty to ones work group. If the plant was located in North America, the fixed salary system may not have been successful in increasing productivity because there in no incentive for employees to exert extra effort. In other words, the fixed salary system can be seen as unsuitable to the manufacturing industry, where improved productivity is important to the success of the firm. On the other hand, the piece-rate system can be effective if the plant was located in North America because given the countrys individualistic culture, employees would be more willing to exert individual effort to earn extra money. The company would benefit from increased productivity and highly motivated employees. In addition, the problem experienced with the quality control workers may not have been present if the company was located in North America. Given their individualistic nature, quality control employees in North America would not have accepted poor quality output from the production employees because it would not matter to them whether or not the production workers received a reduction in compensation. QUESTION 5: Management by Objectives (MBO) is a systematic, continuous management program designed to facilitate the establishment and accomplishment of goals as well as promote employee development. With an MBO program, objectives and goals for the organization are developed by top management and filtered down to the lower hierarchal levels. Chang Koh Metal Ptd Ltd is located in China, a country that values a high power distance between top management and other organizational members. As a result of this culture, employees value the goals of top management as it diffuses down the hierarchy. This would empower and motivate employees as they would feel as though they are part of the organization and therefore be more committed to serving it. When the goals are passed down to employees, they feel that they are pursuing a common objective, one that is shared by their coworkers. As a society that values collectivism among employees, the workers would feel that, by working towards common objectives, they are working towards the betterment of the  company. Workers at Chang Koh Metal Ptd Ltd are however not committed to the objectives and goals of the organization but hopefully through the MBO program they would realize the impact of their actions on others and on the organization as a whole. MBO programs aim to develop employees skills through training and employee interaction. At present, Jian Weis hiring practices allow people who do not have the skills necessary to perform a job to be hired for the job. By training the workers, Chang Koh Metal will benefit from increased productivity as skilled workers can be more efficient and effective in the workplace. Training will also solve the problem of poor quality as, through an MBO program, quality goals for both production and quality control employees can be set and adhered to. Employees can be trained to reduce internal and external failure of products while increasing prevention and appraisal procedures. This will result in financial savings to the organization. Periodic meeting can be held between workers and managers to monitor employees progress in achieving goals and review problems. An MBO program if implemented at Chang Koh Metal Ptd Ltd will solve the problems of lowered employee motivation, lack of skilled workers and lack of commitment towards the organization. Andrew Teo will be supportive of such a program because of his previous experience with American organizations but Jian Weis attitude will need to be changed. Jian Weis attitude is pro-collectivism as he seeks the best interest of the workers. However this attitude does not support the objectives of the organization as it hinders the effective quality control of products as well as aids in the violation of company rules and regulations against moonlighting and the use of company equipment to do so. The culture of the Chinese which includes high power distance and collectivism make it easy for the MBO programs to be implemented but attitude changes need to be made by the management before the program can be successful in Chang Koh Metal Ptd Ltd. QUESTION 6: The implementation of the piece rate system at the company did increase the  productivity of the workforce but at the expense of quality, so therefore, the conditions that may have made this pay system more effective should be focused on the maintenance of high quality with regards to the products. Firstly, the piece rate system may have worked better if the production workforce were properly trained to detect poor quality during the production process as this would minimize the proportion of the factory output that is below quality standards. Secondly, employees should be made aware of their task significance; this is impact of their job on others. By seeing the importance of what they do the workers may feel more needed which could increase their commitment to producing high quality products. A next and very important condition to be considered is the development of a quality circle within the organization. Involvement in this group can give employees a sense of empowerment. The quality circle would develop ways to improve quality; this may prove effective as it would be in compliance with the collectivist nature of the workers, Lastly, the use of total quality management in the factory can greatly improve the piece rate system. TQM is a systematic attempt to achieve continuous improvement in the quality of an organizations products and/ or services. This type of management encompasses aspects such as an obsession with customer satisfaction, a search for continuous improvement of processes, the prevention of quality error and high employee involvement and teamwork just to name a few. Top management must develop an atmosphere that is conducive to quality improvements. Workers must also be encouraged to provide feedback and to make suggestions. This, along with the aforementioned conditions should have a significant impact on the effectiveness of the piece rate system. QUESTION 7: Alternative wage incentive plans to link pay to performance at the production  plant include Profit sharing, Employee stock ownership programs, Gain sharing and Skilled based pay. Profit sharing is a group-oriented incentive system whereby when the firm makes a profit, some of the profit is returned to employees in the form of a bonus. This bonus can be paid in cash or in a deferred retirement fund. For Profit sharing to be considered, the firm must be profitable in the first place. Chang Koh Metal Ptd. Ltd. is not profitable currently. The general manager Andrew Teo could propose the profit sharing plan to the workers to motivate them to become more committed to the companys goals. Profits are only shared when the company makes a profit; however, profit sharing has some disadvantages associated with it that may cause Andrew to overlook this alternative completely. The problem with profit sharing is that there are too many factors beyond the control of the workforce that can affect profits no matter how productively workers perform their jobs. Such factors include the cost of raw materials, the state of the general economy such as a depression or slump, competition and other environmental factors the firm has no control over. Another disadvantage is that in a large firm, it is difficult to see the impact of ones work on profits, especially where the labour force is large. A second alternative to a piece rate system is Employee Stock Ownership Plans (ESOPs). This is an incentive plan that allows employees to own a predetermined portion of the companys shares and provide employees with a stake in the companys future success. By increasing employees stake in the company, employee stock options may increase employee loyalty and motivation due to workers becoming more aligned with the companys goals and interests. However just as with profit sharing, ESOPs have the problem of external factors affecting it. In Chang Koh Metal Ptd. Ltd., it may be difficult for employees to see the connection between their efforts and company profits. Also various factors can influence the value of a companys stock beside employee effort and performance. Unlike the previous alternatives, Gain sharing rewards workers performance based on factors the worker can control to improve productivity. External factors that the worker has no control tend to be overlooked. An example of a common gain sharing plan is the Scanlon Plan whereby managers and employees work together to solve problems  and pay is used to reward employees for cooperative behavior. At Chang Koh Metal Ptd. Ltd., gain sharing can be considered a good alternative to the piece rate system. Gain sharing builds trust, commitment and loyalty through extensive workforce participation. It can align employee goals with those of the company due to increased participation and teamwork by employees, who in turn learn more about the organization and focus on organizational objectives. One disadvantage of this incentive plan is that it focuses only on productivity and may neglect other important objectives such as quality. Andrew can overcome this by perhaps combining gain sharing with other programs such as Total Quality Management (TQM) to make it more effective. QUESTION 8: There are many adjustments in which Andrew can adopt. Firstly, Andrew and Jian Wei should have a meeting and discuss their differences, in order to solve or work out their problems. This is an important issue, because in order to manage a company effectively managers need to be able to work together. Secondly, it is clearly stated that the companys recruitment and selection process was inefficient. The employees were hired, based on an informal basis. Andrew has a fairly good idea on how to adopt this strategy that is, selecting the right people with the right qualifications in the right position. Most of the employees in the company were unqualified and did not have the appropriate skills to perform the tasks. By implementing an effective recruitment and selection program the problems of low productivity and morale will be solved. Furthermore, instead of training the quality control supervisors, Andrew also needs to train the production workers. He should emphasize the long term problems of not producing quality goods through quality control programs. In order to alleviate the problem of the technicians using the in maintenance machine to do moonlighting work, Andrew should have regular meetings with the employees. This would ensure that employees know about the rules and regulations of the company. These are some of the steps in which Andrew can put into place in order to improve the level of productivity and quality of the employees. As a manager, I would try to work out the differences with Jian Wei, in order to ensure a smooth flow in operations, throughout the company. The culture of the organization and employees would also be important. Analyzing the culture of the employees would help in establishing an effective and efficient workforce within the organization. Implementing this strategy would aid the other managers in preparing and analyzing strategies that will best suit the culture of the workforce. Furthermore, understanding the culture and attitudes of the employees would also help the human resource managers of the organization design specific motivational strategies to increase the morale of the employees. They would be able to distinguish whether the workers are intrinsically or extrinsically motivated within the plant. Another strategy that I would consider is to encourage cohesive teamwork amongst the workers throughout the plant. This action would increase the benefits of the piece-rate salary system. Also, since the employees would be working in groups, more collaboration will be taking place, as well as the workers will feel more committed within the organization. One of the main reasons why Chang Koh Metal Ptd. Ltd. is experiencing a number of quality problems is because of the recruitment of unqualified workers. As a manager I would recommend, that despite the lower operating costs of employing cheap labour qualified and skilled workers should be selected. One has to remember that in order for an organization to be successful it relies on the output from the employees. These are some of the things that I would implement as a manager in Chang Koh Limited.

Food and Street Foods Essay Example for Free

Food and Street Foods Essay Introduction Bulacan was officially called â€Å"Bulacan Province†, is a first class province of the Republic of the Philippines located in the Central Luzon Region (Region 3) in the island of Luzon, North of Manila (the nation’s capital), and part of the Metro Luzon Urban Beltway Super Region. Bulacan pries itself for its rich historical heritage. Bulacan has fast become an ideal tourist destination, owing to its vital role in Philippine history, and its rich heritage in culture and the arts. The province is popularly known for its historical sites; nostalgic old houses and churches; idyllic ecological attractions; religious attractions; colorful and enchanting festivals; swimming and various themed attractions; and a wide selection of elegant native crafts and sumptuous delicacies. It is also home to numerous resorts, hotels, restaurants, and other recreational facilities. (Wikipedia). The briskness of Street foods in Bulacan can be measured by the long queue of consumers’ everyday in the food outlets in strategic places where street foods like: â€Å"lugaw† or Rice Porridge, goto, mami, fish balls, barbecued banana, salted peanuts and chicken pops. (Toledo, 1988) Street Foods is a â€Å"Survival Meals†, maybe because it satisfies the gustatory sense for a temporary period of time. (Soledad Leynes, 1986) In such case, eating away from home due to the changes in occupation and activities created a demand for cooked meals and snacks at a cheaper and affordable price that are served quickly. Dual career, parents and small families who really have no time to prepare their meals at home resort to street foods for convenience. These people seem not to care for the food source whether it comes from the legitimate food merchants or from the informal sector, otherwise called black market. (Soledad Leynes, 1986) Street foods, whether snacks or meals are affordable and always available, which are very popular among the low income households to a large extent and increasingly a daily fare among the middle income groups. Households with working mothers are afforded ready to eat meals without the burden of cooking at home. Street food caters to the needs of the urban poor population by making food readily available and at low cost. Thus, street food vending is a traditional activity which can be considered a coping mechanism of the urban poor. Street foods are ready-to-eat foods and beverages prepared and/or sold by vendors or hawkers especially in the streets and other similar places. (Food and Agriculture Organization of the United Nations) They represent a significant part of urban food consumption for millions of low-and-middle-income consumers, in urban areas on a daily basis. Street foods may be the least expensive and most accessible means of obtaining a nutritionally balanced meal outside the home for many low income people, provided that the consumer is informed and able to choose the proper combination of foods. (Food and Agriculture Organization of the United Nations) Statement of the Problem. This study was conducted to assess the Quality of Food Products of Street foods sold by the ambulant vendors along the busy streets and sidewalks of Bulacan. 1. What is the status of the ambulant vendors of Bulacan in terms of: 2. 1. Gender 2. 2. Age 2. 3. Civil Status 2. 4. Income 2. 5. Family size 2. 6. Educational attainment 2. What is the nutritional quality of food products sold by the ambulant vendors in Bulacan in terms of: 3. 7. Food Supply 3. 8. Food Preparation 3. 9. Food Handling 3. What orientation program could be proposed to the ambulant vendors to improve the nutritional quality and safety of the food?

Principles of Paediatric Nursing Practice | Case Study

Principles of Paediatric Nursing Practice | Case Study This essay will reflect on the principles of nursing practice in relation to my practice experience. A case study of a child and family I provided with care is presented in this essay and shall discuss how the care provided to the child and his family reflects the three principles of nursing applied during this episode of care. This shall demonstrate my knowledge of the principles of care based on evidence-based literature. In addition, the professional, legal and ethical frameworks that guide nursing will be explored. Furthermore, I will discuss the implications in relation to my future role as a child nurse highlighting my rationale behind the selected child and family. In this essay, I shall maintain confidentiality by using pseudonyms when referring to individuals and organisations involved in accordance with the Nursing and Midwifery code for professional practice (Nursing and Midwifery Council (NMC 2008). I will be using the name Andrew when referring to the patient. Principles of nursing practice involve eight statements published by the Royal College of Nursing (RCN 2012). These principles apply to all nursing staff and tell what the public can expect from nursing practice, whether they are patients, families, friends or carers of patient (Watterson et al 2012). According to RCN (2012) the principles of nursing practice were developed by patients, nurses and others involved in healthcare to put in place values that can be supported by everyone. This was introduced by the RCN incorporation with the NMC, Patient and Service Organisation and the Department of Health (DOH). They were put in place to show service users and their families what they are to expect from nursing practice regardless of whether the provider is a registered nurse, practitioner, nursing student or health care assistant (RCN 2010). The principles of nursing practice consist of eight principles which provide a dominant framework for achieving good quality nursing care and exce llent nursing’s involvement to improve healthcare outcomes and patient experiences (Manley et al 2011). These also explain how nurses must treat their patients with humanity and dignity, be responsible for care provided, manage risks, keep their knowledge and skills up to date, provide person centred care, communicate with their patients and work collaboratively with other health and social care professionals (Calkin 2010). The chief executive and general secretary of RCN highlighted how unique these principles are and how they bring the public together in one place and the expectations of nurses. He also pointed out how the principles have been designed to help patients, carers, nursing staff, organisations and decision-makers to know exactly what quality nursing care should look like (Carter 2010). The NMC Code of Professional Conduct encourages health care professionals to provide high standard care and all care givers are expected to work within its framework and guidelines (Dolan and Bolt 2008). The code of is a set of rules that all nurses and midwives should follow in order to provide good practice and it also reminds them of their professional responsibilities. The code highlights the behaviour, ethics and performance expected from nurses and midwives in United Kingdom. The main purpose of the code is to safeguard the well-being and safety of the public. According to the NMC Code care givers must respect everyone and treat them with dignity. It also encourages nurses to take special care when vulnerable people are concerned (Herman Miller 2012). The code is also used as a tool to see if a nurse or midwife is fit to practise when their fitness to practise is questioned (Goldsmith 2011).The code is used as a guide for daily practice for nurses and midwives. The NMC also has other standard, guidance and advice alongside the code that are used to support professional development. During my practice placement, I provided care to Andrew, a new born baby who was admitted to the ward I was placed. His mother took methadone while she was pregnant. Andrew was brought to the ward because he was presenting with some withdrawal symptoms such as diarrhoea and vomiting, fever, hyperactive reflexes, seizures and blotchy skin colouring. Doctors suspected neonatal abstinence syndrome (NAS) on Andrew. This occurs in newly born babies whose mothers abuse illegal or prescription drugs while pregnant. When the mother takes the drugs, the drugs will get passed through the placenta to the baby, this causes the unborn baby to be addicted to the drugs along with the mother. The baby will still be dependent on drugs whilst in the mother’s womb. After birth the baby will show some withdrawal symptoms because they will no longer be exposed to drugs (Vucinovic et al 2008). Andrew had severe symptoms which means he needed to be constantly monitored. Substance-using pregnant wome n represent a high-risk population; their substance-use has an impact on their own health and wellbeing as well as that of the developing foetus (Oikonen 2012). Babies born to a substance-using pregnant mother have high chances of developing withdrawal conditions in the immediate post-partum period; this is known as neonatal abstinence syndrome (NAS) Part of my role as a nursing student in that unit was to observe the principles of nursing practice to ensure patients and their families are fully informed and provided with help that they needed to make decisions about their children’s care. Andrew’s mother was still using methadone and was known to be very reluctant and disengaged with healthcare resources and needed to be prompted about Andrew’s needs during her presents on the ward. Sometimes she would leave the baby unattended without informing the nursing staff of her whereabouts. There were also some situations whereby Andrew’s mother was kept away from Andrew especially when she is under the influence of drugs. It was our duty to ensure safety is maintained at all times. I am going to be looking at how principles D, E and G were reflected on the care provided to Andrew and his family. Principle D states that nursing staff should provide and promote individualised care that enables patient centred approach. The patient centred approach is about looking at an individual’s personal preferences and concerns. This should include patients, families, service users and their carers and involve them in decisions and help them make informed choices about their treatment and care (National Institute for Health and Care Excellence (NICE 2012). In Andrew’s case family centred care was also provided. Family centred care aims to work with a child’s parents or guardians in order to effectively meet the child’s needs (Bowden el al 2011). According to HM Government (2004) on Every Child Matters, children will have the best outcomes through agencies working in partnership with families. The Children Act (2004) emphasises the need for all chi ldren’s services authorities in England to be aware of the importance of parents and other person’s, caring for children when trying to improve a child’s well-being. The benefit of partnership working needs to be communicated clearly to families and reinforced with positive practitioner’s attitudes, approaches and plans. Andrew’s mother was not always there for him, but the nursing staff made sure that she was regularly updated about Andrew’s condition and the treatment available for him. She was also reassured that there was a good family team which was ready to assist her whenever she needed help. Information concerning her own condition was also provided to her to enable her to get help and support that is tailored made for her. We were able to understand Andrew’s mother as an individual and show compassion and commitment in the provision of care as stated by the Chief Executive General Secretary of the RCN (RCN 2012). A care plan which looked at Andrews care needs was produced by the nurses. This helped all the nurses who cared for Andrew see what his individual needs were. This care plan promoted person centred care because it just looked at Andrew’s condition and what his needs were. NHS Commissioning Board encouraged all staff, nurses and midwives to embrace the values of nursing care and comply with the 6Cs. The 6 Cs where brought about by a strategy called Compassion in Practice introduced by the NHS Commissioning Board and DOH. These include caring, compassion, commitment, courage, competence and communication (Ford 2012). According to Chief Nursing Officer for England, the values are there to make sure nursing staff provide their patients with the best care with compassion and clinical skill (Cummings 2012). As a future child nurse, my first priority was Andrew. According to the safeguarding children, a person working in a sector where there is contact with children and/or their families has a duty to safeguard and promote the welfare of children. I and all the other nursing staff worked closely with each other and all multidisciplinary teams (MDT) involved in Andrew’s care to ensure care and treatment was delivered in high standards, communication was also maintained to allow continuous care across teams. This is stated in Principle G of the principles of nursing practice and in addition to this, the NMC (2008) expect nurses to refer patients to another practitioners when it is in the best interest of someone in their care. Andrew was referred to other professionals such as dietician to meet his nutritional needs, social worker to safeguard him and have access to other agencies that provide services to vulnerable children and physiotherapist. The physiotherapist was there because Andrew had Metatarsus Adductus which is a deformity of the feet. He was demonstrating and educating the mother about exercises she could give Andrew in order to help his feet. He also advised her to keep mobilising Andrew so that he can have the ability to move his limbs. Principle E states that all nurses should be at the centre of all communication. They should assess documents and report on treatment and care. They should sensitively and confidentially handle information, be able to effectively deal with complaints and should always report situations they are concerned about (RCN 2008). Effective communication was very much maintained when Andrew’s care was concerned and throughout the MDT. Andrew’s mother would always be updated when there was any change in Andrew’s health or care. She was informed about Andrew’s treatment and all other information such as referrals to other professionals regarding Andrew’s condition. During these episodes, there were some people visiting and some calling the ward claiming to be Andrew’s close relatives, they also requested some information about Andrew’s condition, but we could not provide them with any medical information because all the nursing staff were aware o f confidential issues. An element of education was also given to his mother because it seemed like she did not know a lot about Andrew’s condition. The nursing staff on the ward also maintained a record of Andrew’s mother’s movements and behaviour for Andrew’s safety. During my stay in this placement area, I had the opportunity to witness a MDT meeting. They held a case conference regarding Andrew’s welfare. The meeting was held because Andrew’s mother wanted to be transferred to a hospital closer to Andrew’s father in order to get some support. This meeting involved other professionals and agencies such as nurses, social workers, doctors, police, health visitors and the safeguarding children’s team. The agenda of the meeting was to decide on whether to transfer Andrew and his mother to fulfil her wish and also to share information concerning safeguarding and protecting the welfare of Andrew. Every child matters (2009) expresses how effective information sharing by professionals is essential to protecting and promoting the welfare of children. In this meeting I observed all participants contributing information regarding Andrew’s care. According to the United Nations Children’s Fund (UNICEF 2013), every ch ild in the UK has the right to be healthy. UNICEF works with families, communities and the government to protect the rights of children. It works with the government to ensure that laws and policies work in the best interest of children (UNICEF 2013). In this process Principle G was being applied, which states that all nurses and nursing staff should work collaboratively within their team and hand in hand with other professionals. They should make sure care and treatment provided for patients is co-ordinated and of high standard with the best possible outcome (RCN 2008). Principle G encourages collaborative practice, which is when different health care professionals work alongside each other in order to deliver the best quality of care. It lets health care professionals connect with other professionals who may have the skill achieve goals other professional cannot (World Health Organisation 2010). My rationale for choosing Andrew and his family as the subject of this essay was for me to reflect on his case. It was a very interesting experience which gave me an opportunity to carry out a research on matters of safeguarding children. I have acquired some knowledge and understanding about NAS and the issues around the care of children and the application of the principles of nursing practice. In this episode of care, I have learnt a lesson in situations that staff nurses need to be aware of when planning to deliver and develop patient care. I have also learnt that patient centred care is essential when carrying out my duties in my future role as a child nurse (Dougherty and Lister 2011). As a student nurse I am now aware of the importance of applying principles of nursing practice that help guide nursing staff to deliver good care. I also learnt to be understanding and non judgemental when it comes to patients and their families. Spouse et al (2008) highlighted the requirement of commitment to be an effective tool for nurses, in order to develop effective relationships with patients and their families and also being concerned about their well-being and best interests. She also expressed the importance of nurses’ availability and open to patients and avoiding distancing themselves from patients. This essay has explored three principles of nursing practice in relation to my practice placement experience. A case study of a patient and family provided with care has been discussed and professional, legal and ethical frameworks that underpin nursing practice have been provided. However, nurses should ensure that the principles of nursing practice are always observed in order to allow the delivery quality care. References Bowden V and Greenberg C (2011) Paediatric Nursing Procedures: Principles of Family-centred care Every Child Matters (2009) Change for children available at https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/257876/change-for-children.pdf (accessed on 26 March 2014) Ford S (2012) All NHS staff told to embrace nursing 6Cs (online) at http://www.nursingtimes.net/nursing-practice/clinical-zones/management/all-nhs-staff-told-to-embrace-nursings-6cs (accessed on 20 March 2014) HM Government (2004) Every Child Matters: Change for Children available at http://m.nottinghamcity.gov.uk/CHttpHandler.ashx?id=13383p=0 (accessed on 26 March 2014) Dougherty L and Lister S (2011) The Royal Marsden Hospital Manual of Clinical nursing Procedures 8th edition Wiley-Blackwell Manley K, Watts C, Cunningham G and Davies J (2011) Principles of Nursing Practice: development and implementation Nursing Standard 25 (27): 35-37 Nursing and Midwifery Council (2008) Code of Conduct of Professional Conduct: standards for conduct, performance and ethics NMC Oikonen JM, Montelpare WJ, Bertoldo L, Southon S and Persichino N (2012) The impact of clinical practice guideline on infants with neonatal abstinence syndrome British Journal of Midwifery 20 (7): 493-501 Royal College of Nursing (2012) The Principles Of Nursing Practice (online) at http://www.rcn.org.uk/development/practice/principles (accessed on 20 March 2014) Spouse J Cook M and Cox C (2008) Common Foundation Studies in Nursing 4thedition Churchill Livingstone Vucinovic M, Roje D and Vucinovic Z (2008) Maternal and neonatal effects of substance abuse during pregnancy: our ten year experience. Yonsei Medical Journal 49(5): 705-713. http://www.nice.org.uk/newsroom/pressreleases/PatientExperienceQSAndGuidance.jsp UNICEF (2013) Working for Children worldwide (online) at http://www.unicef.org.uk/ (accessed on 26 March 2014 Nursing Commissioning Board (2012) Compassion in Practice Nursing, Midwifery and Care Staff Our Vision and Strategy, Available at http://www.england.nhs.uk/wp-content/uploads/2012/12/compassion-in-practice.pdf (Accessed 13 March 2014) http://www.ncbi.nlm.nih.gov/pubmed/24435188 http://www.nlm.nih.gov/medlineplus/ency/articlej/007313.htm http://www.ncbi.nlm.nih.gov/pubmed/24435188 http://www.nmc-uk.org/Documents/Guidance/NMC-Guidance-on-professional-conduct-for-nursing-and-midwifery-students.PDF http://www.nursingtimes.net/nursing-practice/clinical-zones/management/new-set-of-principles-for-nursing-care-launched/5022099.article http://www.rcn.org.uk/__data/assets/pdf_file/0007/349549/003875.pdf http://www.rcn.org.uk/development/practice/principles#content http://m.nottinghamcity.gov.uk/CHttpHandler.ashx?id=13383p=0 HMGovernment(2004)Every Child Matters: Change for children.London: Department for Education and Skills, Available at http://www.infed.org/archives/gov_uk/every_child_matters.htm Page 1 of 9

Macbeths Atmosphere :: Macbeth essays

Macbeth's Atmosphere      Ã‚   There are many questions concerning the atmosphere in William Shakespeare's Macbeth that this essay will answer: Is it realistic or unrealistic? Are there two atmospheres - one of purity and one of black magic? And many other questions.    Roger Warren comments in Shakespeare Survey 30 , regarding Trervor Nunn's direction of Macbeth at Stratford-upon-Avon in 1974-75, on opposing imagery used to support the opposing atmospheres of purity and black magic:    Much of the approach and detail was carried over, particularly the clash between religious purity and black magic. Purity was embodied by Duncan, very infirm (in 1974 he was blind), dressed in white and accompanied by church organ music, set against the black magic of the witches, who even chanted 'Double, double to the Dies Irae. (283)    L.C. Knights in the essay "Macbeth" mentions equivocation, unreality and unnaturalness in the play - contributors to an atmosphere that may not be very realistic:    The equivocal nature of temptation, the commerce with phantoms consequent upon false choice, the resulting sense of unreality ("nothing is, but what is not"), which has yet such power to "smother" vital function, the unnaturalness of evil ("against the use of nature"), and the relation between disintegration in the individual ("my single state of man") and disorder in the larger social organism - all these are major themes of the play which are mirrored in the speech under consideration. (94)    Charles Lamb in On the Tragedies of Shakespeare comments on the atmosphere surrounding the play:    The state of sublime emotion into which we are elevated by those images of night and horror which Macbeth is made to utter, that solemn prelude with which he entertains the time till the bell shall strike which is to call him to murder Duncan, - when we no longer read it in a book, when we have given up that vantage-ground of abstraction which reading possesses over seing, and come to see a man in his bodily shape before our eyes actually preparing to commit a muder, if the acting be true and impressive as I have witnessed it in Mr. K's performance of that part, the painful anxiety about the act, the natural longing to prevent it while it yet seems unperpetrated, the too close pressing semblance of reality,give a pain and an uneasiness [. . .]. (134)