Scope of Communications Methods Essay Example for Free

Scope of Communications Methods Essay 1. Introduction Contracts are in anywhere. Contracts = â€Å"Intention†, â€Å"Agreement† and â€Å"Consideration†. The rule of Contracts will establish when offeree is accepted the offeror’s offer. â€Å"Agreement† is one important term in Contract. â€Å"Agreement† is â€Å"Offer† and â€Å"Acceptance†. Today our topic is The Postal Acceptance Rule which only applies to â€Å"Acceptance†. Hence we focus on â€Å"Acceptance† and assume that if â€Å"Acceptance† is valid, and the contract will valid too. The general rule is formed contract acceptance is actually communicated to the offeror. But The Postal Acceptance Rule is an exception of this rule. Today is the electronic world, communication is not only by postal service also use by electronic transaction. Now we will discuss The Postal Acceptance Rule is its rationale, effect, should it continue to be applied and compare to Electronic Transactions Act (ETA) for determining the timing of acceptance sent by fax and email. Also we will talk about expanding or restricting the types of modern communication methods affected by this rule. 2. History and Background of the Postal Acceptance Rule The Postal Acceptance Rule is the fifth and the last of the relevant sub-rules affecting communication of acceptance. The Rule maybe summarized in this way In 19th Century England, there only 2 method of communication between offeror and offeree deal in person or by mail. The courts had to decide the moment of contract formation by this 2 method. If the negotiating parties are deal in person, they do not face the problem of delay and failure of information transmission. If offeree accept the offer to offeror by mail, there will be a substantial delay in delivery of the letter or even totally lost in the course of post. Adams v Lindsell[1] is the case of delay acceptance and The Postal Acceptance Rule was established by this case. In Case we saw that negotiating parties were not sure the precise time of acceptance had been communicated. This created timing of the acceptance problem and led to the formation of rule. Hence the court determined the acceptance is valid when the letter of acceptance is posted. 3. Case of the Postal Acceptance Rule 3.1 Application case of the Postal Acceptance Rule According to Household Fire Carriage Accident Insurance Co (Ltd) v Grant[2], Grant applied by a letter for shares in the Household Fire and Carriage Accident Insurance Company Ltd. The shares were allotted to him and the letter was sent to him at the address given by him. But Grant never received this letter. Later the company went bankrupt, Grant is asking for the outstanding payments. In this case, Grant is offeror, Household Fire and Carriage Accident Insurance Company Ltd is offeree and the offer is buy the shares. By the Postal Acceptance Rule, the acceptance is valid when the letter of acceptance is posted no matter that the offeror is received it or not. Now the offer is accepted by offeree and offeree posted the acceptance to offeror. Hence Grant is legally bound to pay the outstanding payments. Further to case Dunlop v Higgins[3], is in same situation, Dunlop send to offer to Higgins. In the communication delay time, Dunlop’s good prices have increased. Higgins has posted the letter of acceptance when he received the offer from Dunlop. Dunlop’s won’t to supply the goods to Higgins with old prices. By Postal Acceptance Rule, hence Dunlop must comply with their offer supply the goods to Higgins with old prices. 3.2 Exclusion case of the Postal Acceptance Rule The Postal Acceptance Rule does not apply in every case. Even if the negotiating parties involved consider the postal service is an acceptable means of communication. According to Byrne v. Van Tienhoven[4], the Postal Acceptance Rule cannot accept offeror revocation their posted acceptance. In this case, Van Tienhoven had been sent out the acceptance to Byrne. But Van Tienhoven withdrawal offer and sent out the new one to Byrne before Byrne received the old offer. The court determined Van Tienhoven is not allowing to revocation of posted acceptance. The withdrawal of the offer was not effective until negotiating parties was communicated. Another case Holwell Securities Ltd v Hughes[5], the grantee must comply strictly with the conditions stipulated for exercise by the offeror. If not, the acceptance will not be valid although negotiating parties even they have telephone conversation. The Postal Acceptance Rule cannot apply when there are express terms in the offer specifying that acc eptance must reach the offeror. 4. Electronic Transactions Act ETA[6] was enacted by the Federal Government. And it creates a regulatory regime for using electronic communications transactions. It attempts to remove existing legal impediments that may prevent a person using electronic communications to satisfy legal obligations under Commonwealth law. For the purposes of a law of the Commonwealth, ETA provides criteria for determining the time and place of the dispatch and receipt of an electronic communication. The following requirements imposed under a law of the Commonwealth can be met in electronic form (a) Requirement to give information in writing (b) Requirement to provide a signature (c) Requirement to produce a document (d) Requirement to record information (e) Requirement to retain a document (ELECTRONIC TRANSACTIONS BILL 1999[7]) 5. Conclusion 5.1 Rationale of the Postal Acceptance Rule Contract is formed at the time and place an acceptance is communicated to the offeror. Time of acceptance communicated is very important. Because it will affect the contract’s content. After contract established, every terms added in this contract was invalid. The Postal Acceptance Rule is established for the court to determining attempt to provide some degree of certainty to an offeree accepting an offer by post. In case of Dunlop v Higgins[8], the parties can not sure the precise time of acceptance when using postal service. It had a substantial delay in delivery of the acceptance or even totally lost in the course of post. This created a number of problems and has led to a formulation of the rule. Hence the Postal Acceptance Rule would complementary with Contract Acceptance for ensure the precise time of acceptance. 5.2 Effect of the Postal Acceptance Rule The effect of the Postal Acceptance Rule is that the offerees acceptance will be valid when the moment the acceptance is correctly posted and it is not relevant whether the acceptance is delayed or even totally lost in the course of post. It means if the Postal Acceptance Rule is applied, establish contract have two more problem to be consideration â€Å"Time† and â€Å"Location†. Indeed, the courts have been concerned with locating the place of formation of a contract in the majority of cases which have considered the applicability of the Postal Acceptance Rule. 5.3 The Postal Acceptance Rule in currently applies circumstances Today, the Postal Acceptance Rule in currently applies circumstance is business convenience. It most frequently cited rationalization for retention of the rule. For example, the Company (offeror) sends the promotion letter (offer) to person (offeree) and the person accepts the offer and sends back the acceptance to correctly address. By Postal Acceptance Rule, the contract between company and person was established when the acceptance was posted. If acceptance is complete upon proper posting, this effectively allows the offeree to structure his affairs on the basis. And the binding contract is formed on postage. 5.4 The Postal Acceptance Rule and ETA In instantaneous communication most likely to applied ETA or general rule of â€Å"Acceptance†, For example, offeree accept website acceptance or telephone acceptance even though the parties are not in physical proximity of one another. This is no delayed time between the offer and the acceptance. In non-instantaneous communication most likely to applied the Postal Acceptance Rule. This had delayed time between the offer and the acceptance. Postal Acceptance Rule is handle the argued of moment of contract formation and ETA is imposed under a law of the Commonwealth can be met in electronic form. Both of the rule and are they complementary with each other. If technical delay or human error, there are no universal rule can be applied and it is needed to reference to the intentions of both parties. 5.5 Rules used for acceptance sent by Fax and Email We know that there are two types of communication, instantaneous and non-instantaneous. Instantaneous communication is no delay time between sent and received and non-instantaneous communication had delay time between sent and received. Fax is the instantaneous communication. This is because Fax transmits is same as telephone transmits. It is direct transmission from fax machines to other fax machines, transmission between sent and received is in same time. Hence Fax is instantaneous communication it most likely to applied ETA or general rules of â€Å"Acceptance†. How about of the Email? Some articles expressed that Email is instantaneous communication. Because the legislation deals a default rule for the time that Email (electronic communications) is sent and when it is received. But this is wrong, in fact according to Email transmits, it along the internet may involve travelling across the world with correctly Email address. That’s mean after click â€Å"SEND† button the transmission may be immediacy, may be takes a moment, sometimes used a few minutes or even over an hours that’s base on the network connection until the recipient received the message. The e-mail transmission through the network depends completely on the viability of the ISP[9] for the offeree and the offeror. Now we have millions of internet user, delays in e-mail communication is very normal situation. The communication may have delay and they are not sent and when it is received. We can study the case Chwee Kin Keong v Digilandmall.com Pte Ltd[10] in Singapore. Hence Email is non-instantaneous communication it most likely to applied the Postal Acceptance Rule, but Email also under the ETA. 5.6 Keeping Postal Acceptance Rule in part of Australian contract law? It must be â€Å"YES†, the Postal Acceptance Rule should continue to be applied. In application level, we know that the general acceptance principle depends on whether the method of communication is instantaneous or â€Å"non-instantaneous†. From the above discussion, Email could be considered as a non-instantaneous communication. Analyze the moment of contract formation is an essential point for the court to apply the Postal Rule of Acceptance in the context for e-mail transmission. As the method of communication is improving, some problem may be created. If the problem is relevant the moment of contract formation and the communication is defend as a non-instantaneous communication. The Postal Acceptance Rule is most likely applied on it, and the concept of the rule is not outdated. Another basic reason for keeping Postal Acceptance Rule is the electronic communication could not fully replaced the postal service. Maybe in laggard or destitute country, the postal service is the only way for the communication. In content level, the Postal Acceptance Rule was not allowed the offeror withdrawal the offer when offeror posted the offer to offeree (Byrne v. Van Tienhoven[11]). If Postal Acceptance Rule was abolished, the offeror choses he can always make the formation of the contract, until he is receive any reply. If the offeror doesn’t receive any reply from the offeree he can always make inquiries to the offeree about the offer. If the contract is not concluded there would be considerable delay in transactions and the acceptor would never be safe until he has received notice that his letter of acceptance had reached its destination[12]. In the Australian legal system which want to make the fair rule to negotiating parties. In case if Postal Acceptance Rule was abolished, the offeree was in unsafe situation. Because there are unfair to the offeree and offeree don’t get any protect by the Australian legal system. Hence the Postal Acceptance Rule should keeping in part of the Australian contract law. BIBLIOGRAPHY: 1. Peter Gillies, ‘Business Law 12th Edition’, 2. David Parker and Gerald Box, Business Law for Business Students 2008 3. Kathryn O’Shea and Kylie Skeahan (1997) Acceptance of offer by E-Mail How Far Should the Postal Acceptance Rule Extend 4. Australasian Legal Information Institute http://www.austlii.edu.au/ 5. Dave Stott, Australian Law Students Association Should The Postal Acceptance Rule be Applied to E-Mail? 6. Sharon Christensen, Vol 1 No 1 QUTLJJ Formation of Contracts by Email – Is it Just the Same as the Post? 7. Electronic Transactions Act 8. Holwell Securities Ltd v Hughes [1974] 1 WLR 155 9. Exclusion of the postal acceptance rule http://www.austlii.edu.au/au/journals/QUTLawJl/1997/18.pdf 10. Exclusion of Postal Acceptance Rule 11. Chwee Kin Keong v Digilandmall.com Pte Ltd ([2005]SGCA 2) 12. Adams v Lindsell (1818) 106 ER 250. 13. Byrne v Van Tienhoven (1880) LR 5 CPD 344 14. Dunlop v Higgins [(1848) 1 H.L.C. 381] 15. Holwell Securities Ltd v Hughes [1974] 1 WLR 155 16. 17. [pic] [1] Adams v Lindsell (1818) 106 ER 250. [2] Household Fire Carriage Accident Insurance Co (Ltd) v Grant (1879) LR ExD 216 [3] Dunlop v Higgins [(1848) 1 H.L.C. 381] [4] Byrne v. Van Tienhoven, [1880] 5 CPD 344 [5] Holwell Securities Ltd v Hughes [1974] 1 WLR 155 [6] Electronic Transactions Act [7] http://www.comlaw.gov.au/Details/C2004B00505/Revised%20Explanatory%20Memorandum/Text [8] Dunlop v Higgins [(1848) 1 H.L.C. 381] [9] Internet Service Provider [10] Chwee Kin Keong v Digilandmall.com Pte Ltd ([2005]SGCA 2) [11] Byrne v. Van Tienhoven, [1880] 5 CPD 344 [12] Kathryn O’Shea and Kylie Skeahan (1997) Acceptance of offer by E-Mail How Far Should the Postal Acceptance Rule Extend

Supplier Assessment And Screening For Good Environmental Performance Management Essay

Supplier Assessment And Screening For Good Environmental Performance Management Essay Abstract:- Suppliers assessment is a critical function within supply chain management . Green supplier assessment is also necessary for sustainable supply chain management. The purpose of this paper is to evaluate supplier performance using different methods. Since Environment protection has been concern to public in recent years,and the traditional supplier selection did not consider about this factor therefore, this paper introduces green criteria into the framework of supplier selection criteria. Index Terms:- Supply chain,Logistics. Introduction:- Logistics, or supply chain management, describe the transport, storage and handling of products as they move along the chain from the raw material source, through the production system to their final point of sale or consumption. However over the last 10 to 15 years environmental concerns have put companies under more and more pressure to address and reduce the environmental impact of their logistics operations. The adverse effects of distributing goods are diverse including impairing air quality, generating noise and vibration, causing accidents and contributing significantly to global warming. The effect of logistics and supply chain management on climate change has increased mainly because of the realisation that global warming presents a much greater and more immediate threat than previously thought. Freight transport is estimated to contribute roughly 8 per cent of energy-related CO2 emissions worldwide (Kahn Ribeiro and Kobayashi, 2007), however, making logistics sustainable in the longer term will involve more than just cutting carbon emissions. Green Supply Chain Management (GSCM) is a fastest growing concept in developing countries and having its presence both in environment management and supply chain management literature. Adding the greendimension to supply chain management (SCM) involves addressing the influence and relationship between supply-chain management and the natural environment. Green supply chain management (GSCM) is generally understood to involve screening suppliers based on their environmental performance and doing business only with those that meet certain environmental regulations or standards. The green supply chain known at present refers to supply chain effect brought about by green products proposed by European Community in the 21st century. Although the focus on green logistics seems to be a recent phenomena there has been different research initiatives conducted over the past 40 years which attempted to address the environmental concerns. McKinnon (2010) discuss these under the following headings: Reducing freight transport externalities During the 1970s the focus, especially UK ,was on lorries that were much noisier And more polluting than is the case today. There was substantial growth of freight by Road and efforts were put in place to rationalise this freight ,tightening regulations On Emission levels,etc. In this way there were general reduction in transport Externalities. City Logistics Urban freight plays a vital role in th sustainable development of cities. There are, However, many challenges facing urban freight transport, including high levels of Traffic congestion,environmental impacts,high energy usage and labour problems This has led to research to what is now City logistics,a process to optimise urban Logistics within all different conditions that impact urban freight movements (Taniguchi et al.2001). The work in this area has led to modelling of city logistics, Demand and supply models,impact models,vehicle routing and scheduling,etc. All of These efforts contributed to addressing in the environmental issue. Reverse Logistics In a world of limite resources ,it becomes crirical that products such as white goods (washing tubs,stoves,fridges,etc.) are recovered. This has led to the extension of Logistics to include Reverse Logistics,which incorporates the flow of goods in both Directions. This development has a strong element of waste management and Sustainable development. The green suppliers can be the biggest assets to the organization but poor choice can make them biggest liability also. This paper, thus deals with issues related to supply. For vendor selection different model is proposed to show procedure involved and steps in software à ¢Ã¢â€š ¬Ã¢â‚¬ ¢super decisionsà ¢Ã¢â€š ¬- are shown using windows for easy understanding. Literature review:- Green supplier management, has captured significant interest in the current literature (Lee et al., 2009; Hsu and Hu, 2009). Sphere of influence theory states that greening a supply chain is influenced greatly by focal companies that can effectively influence suppliers to engage in the GSC projects and act as better performers (Hall, 2001). Supplier selection is a multi-criteria problem which include analytic hierarchy process (AHP) (Akarte, (2001), Chan (2003)), Fuzzy analytic hierarchy process (FAHP) (Kuo(2007), Kahraman (2003)), case based ANP (Bayazit (2006), Gurpinar(2007)). Evaluation criteria for the supplier selection, may be tangible (measurable) or intangible (immeasurable). The criteria for supplier evaluation and selection were first proposed by Dickson (1966), who identified 23 different criteria, including quality, on-time delivery, price, performance history, warranty policy, technical capability and financial stability, and so on. Weber, Current, and Benton (1991) sur veyed the frequency of Dicksons 23 criteria and found that price, delivery, quality, and productive capability were mostly used to measure suppliers performance. Quality is considered the most decisive criterion for supplier selection (Weber et al., 1991). However, quality in itself is not sufficient to ensure that the suppliers can avoid extra costs while offering the right quality. From the literature we can develop a broad supplier assessment process model in the context of greening a supply chain that can be separated into three managerial decision phases: indentified suppliers, classifying criterias and evaluating suppliers based environmental performance, and select the best supplier. t methods of green supplier evaluation er many areas such as on-time delivery ,qualitycause an understanding ofa supplierlity Procedure:- There are different methods of green supplier evaluation. kjgjlgilggi;lglijhilk;hlkh;b. Analytic Heirarchical Process: U.S. operations researcher A. L. Saaty put forward the Analytical Hierarchy Process (referred to as the AHP method) in the 1970s; it is a decision analysis method which combine the qualitative and quantitative. It is a process which make decision-makers thought for a complex system modelling and quantitative. Applying this approach, decision-makers decompose the complex problem into a number of levels and a number of factors, through this way, make simple comparison and calculations between the factors, then we can get the weights of di ¬Ã¢â€š ¬erent programs, can provide the basis for the selection of the best option. As a tool combine the qualitative and quantitative,AHP has been widely used in many areas. Application procedures of AHP are as follows: Step 1 Con ¬Ã‚ rming problems. Step 2 Building hierarchy structure. Step 3 Establishing multiple comparisons judgment matrix. Step 4 Checking consistency. The consistency index of judgment matrix is CI (Consistency Index). Its expression is: CI = ÃŽÂ »max-n n-1 And the greater the value of consistency index CI is, the greater the degree of the judgment matrix deviate from complete consistency will be; the smaller the value of CI is, the closer the judgment matrix and complete consistency will be. Generally, the greater the order (n) of judgment matrix is, the greater the value of CI which shows the deviation from complete consistency caused by human will be; the smaller the n is, the smaller the value of CI which shows the deviation from complete consistency caused by human will be. In this paper, we use ANC to have consistency test. Step 5 Total taxis of hierarchy. Arranging weights which come from the factors in same level shows the relative importance of the top-level (overall objective); known as total taxis of hierarchy, this process is from high level to low level and step by step. The total taxis of hierarchy which come from the lowest level (program level) are the total order of all evaluation schemes. Analytic Network Process:- The Analytic Network Process (ANP) developed by Thomas Saaty, in his work on multi criteria decision making. It applies network structures with dependence and feedback, among the criteria, to complex decision making. It is an extension of his Analytic Hierarchy Process (AHP) for decision making which involves breaking down a problem into its decision elements, arranging them in a hierarchical structure, making judgments on the relative importance of pairs of elements and synthesizing the results. ANP is combination of two parts: Network of criteria and sub criteria that control the interactions The network of influences of elements and clusters Hierarchies in AHP do not represent relationship among the levels. This shortcoming is removed in ANP feedback approach. For example, in AHP, importance of criteria determines the importance of alternatives but does not represent importance of alternatives may have impact on importance of criteria. Therefore linear structure of top to bottom is not applicable for a complex system. A feedback system is represented by a network where nodes correspond to levels or components. The structural difference between AHP and ANP is shown in Figure 1. The nodes in a cluster (level) may influence some or all the nodes in another cluster. Relationships in a network are represented by arcs and direction of arcs signifies dependency. Interdependency between two clusters is shown by two way arcs and inner dependencies are represented by loop arcs. Hierarchical (b) Network (a) (b) Figure 1: Structural Difference There can be many control criteria and sub criteria, these can be classified into four merits, namely, Benefits, Opportunities, Costs and Risks. For each control criterion of these B, O, C, R, one derives the priorities for alternatives of the decision with respect to all the significant influences that cause some of the alternatives to have higher priorities. After rating the top ranked alternative for each B, O, C, R, resulting weights are combined for each alternative of each merit to obtain the final answer in the form of priorities whose relative values are important in choosing the best alternative. Table 1 gives Saaty scale used for pair wise comparison matrix. Table 1 :Saaty Scale Used For Pair Wise Comparison Matrix Intensity of Importance Definition 1 Equal importance 3 Moderate importance of one over the other 5 Essential or strong importance 7 Very strong importance 9 Absolute importance 2,4,6,8 Intermediate Values Working of ANP:Supplier Selection: ANP BOCR Analytic network model, with BOCR is prepared as shown in Figure 2. The pair wise comparison matrices were made by taking opinion of the team. Calculations were performed by Super Decision software. Ranks of the alternatives are obtained and suppliers are selected. Supplier Selection Risks Costs Opportunities Benefits OD FS LS FR CC CD MBD PC LC ASC SC SD MC EC R PR V1 V2 V3 V4 Figure 2: Network model Table 2:Criteria for ANP Benefits Opportunities Costs Risks Response(R) Supplier collaboration(SC) Product cost(PC) Order delays(OD) Product Reliability(PR) Supplier development(SD) Logistics cost(LC) Field return(FR) Environmental Control(EC) Increase in manufacture capacity(MC) After sales cost(ASC) Financial strength(FS) Changes in demand(CD) Labour strikes(LS) Customer complaints(CC) Machine break down(MBD) Conclusion:- In the current scenario of global operating conditions and competitive environment, it has become highly necessary for organizations to select the best Green supplier. Any inaccurate selection of Green supplier will affect the companys overall performance. This shows that supplier selection procedure is a highly essential decision making process for companies. This paper endeavour to utilise AHP and ANP for ranking the potential suppliers and making the final selection.

Identity Crisis in Canadian Film Essay -- Canada Movie Movies Films es

Identity Crisis in Canadian Film Much has been written about the ways in which Canada's state as a nation is, as Peter Harcourt writes, "described" and hence, "imagined" (Harcourt, "The Canadian Nation -- An Unfinished Text", 6) through the cultural products that it produces. Harcourt's terms are justifiably elusive. The familiar concept of "Canadian culture", and hence Canadian cinema, within critical terminology is essentially based on the principle that the ideology of a national identity, supposedly limited by such tangible parameters as lines on a map, emerges from a common geographical and mythological experience among its people. The concept that cultural products produced in Canada will be somehow innately "Canadian" in form and content first presupposes the existence of such things as inherently Canadian qualities that can be observed. Second, it presupposes a certain commonality to all Canadian artists and posits them as vessels through which these said "inherently Canadian qualities" can naturally flow. T hird, it also assumes the loosely Lacanian principle that Canadian consumers of culture are predisposed to identify and enjoy the semiotic and mythological systems of their nation, and further connotes that Canadians have fair access to their own cultural products. Since these assumptions are indeed flawed but not altogether false, this paper will deal with the general relationship between the concept of Canada, its cultural texts, and its mythological and critical discourse as an unresolved problematic that should be left "open" in order to maximize the "meaning potential" of films as cultural texts within the context of "national identity," an ideological construct that remains constantly in flux. However pr... ...cate American entertainment films. But what was the cost to the development of Canada's supposed "cultural identity" and the perogative of the Canadian filmmaker to make a film without mimicking Classic Hollywood style and theme? Toward the mid-1980s, following the demise of the Capital Cost Allowance tax shelter in 1982, the "success" of a Canadian film was determined less by its forecast box office potential. The trend in the late 1970s and the early 1980s towards what Ted Magder calls the "If you can't beat `em join `em" (Magder, 169) relationship with the commercial Hollywood production infrastructure, was met in the mid-1980s by an equally vehement movement, which maintained that the infiltration of American culture and the adoption of their economic or "big-business" approach was precisely the problem with the Canadian film industry, and hence Canadian films. Identity Crisis in Canadian Film Essay -- Canada Movie Movies Films es Identity Crisis in Canadian Film Much has been written about the ways in which Canada's state as a nation is, as Peter Harcourt writes, "described" and hence, "imagined" (Harcourt, "The Canadian Nation -- An Unfinished Text", 6) through the cultural products that it produces. Harcourt's terms are justifiably elusive. The familiar concept of "Canadian culture", and hence Canadian cinema, within critical terminology is essentially based on the principle that the ideology of a national identity, supposedly limited by such tangible parameters as lines on a map, emerges from a common geographical and mythological experience among its people. The concept that cultural products produced in Canada will be somehow innately "Canadian" in form and content first presupposes the existence of such things as inherently Canadian qualities that can be observed. Second, it presupposes a certain commonality to all Canadian artists and posits them as vessels through which these said "inherently Canadian qualities" can naturally flow. T hird, it also assumes the loosely Lacanian principle that Canadian consumers of culture are predisposed to identify and enjoy the semiotic and mythological systems of their nation, and further connotes that Canadians have fair access to their own cultural products. Since these assumptions are indeed flawed but not altogether false, this paper will deal with the general relationship between the concept of Canada, its cultural texts, and its mythological and critical discourse as an unresolved problematic that should be left "open" in order to maximize the "meaning potential" of films as cultural texts within the context of "national identity," an ideological construct that remains constantly in flux. However pr... ...cate American entertainment films. But what was the cost to the development of Canada's supposed "cultural identity" and the perogative of the Canadian filmmaker to make a film without mimicking Classic Hollywood style and theme? Toward the mid-1980s, following the demise of the Capital Cost Allowance tax shelter in 1982, the "success" of a Canadian film was determined less by its forecast box office potential. The trend in the late 1970s and the early 1980s towards what Ted Magder calls the "If you can't beat `em join `em" (Magder, 169) relationship with the commercial Hollywood production infrastructure, was met in the mid-1980s by an equally vehement movement, which maintained that the infiltration of American culture and the adoption of their economic or "big-business" approach was precisely the problem with the Canadian film industry, and hence Canadian films.

Imperialism Essay -- History Rome Papers

Imperialism "Imperialism - the policy, practice, or advocacy of extending the power and dominion of a nation especially by direct territorial acquisitions or by gaining indirect control over the political or economic life of other areas; broadly: the extension or imposition of power, authority, or influence" According to Webster's dictionary's definition of "imperialism", a nation is not truly imperialistic until it has controlled another territory through political or economic aspects or directly annexed the land. There were many steps in the history of Rome, which lead her down the road of becoming an imperialistic nation. Rome's dealings with the Mamertines, Hiero, and Carthage in Sicily around 264 BC would lead to the First Punic War, and thus lead Rome down the path of Imperialism. The Romans actions in that war were in fact not Imperialistic at all, but in the wars that would ensue with Carthage Rome would begin to develop a sense that Rome was the destined ruler of the world (Frank, 238). Not until the Third Punic War had Rome truly committed an act of Imperialism, when she destroyed the kingdom of Carthage for her benefit without a just cause. The confidence Rome gained in herself from the deposing of the greatest kingdom she had known, would open the gates for Roman expansion into the East. As Hiero of Syracuse advanced in an attempt to win back Messana, on the basis that the Carthaginians were protecting the independence of Messana from Hiero, they resurrected a garrison in the city (Boardman et al, 27). The Mamertines, however, did not wish for the type of independence that came in being a Carthaginian protectorate. The Mamertines would come to ask Rome for her protection from both the Carthaginian... ...e, and she was for her era. Often it is difficult to look at Rome’s actions and think how they could possibly act in such a manner, but the problem entails in that an individual will tend to think about their era instead of looking at Rome’s. Rome was an imperialistic state according to the modern day standards we have of imperialism, but from an ancient world perspective she was as just as any state in her era. Bibliography: 1. Boardman et Al. â€Å"The Oxford Illustrated History of the Roman World†; Oxford University Press; New York, NY; 2001. 2. Badian, E. â€Å"Roman Imperialism in the Late Republic†; Cornell University Press; Ithaca, NY; 1968. 3. Richardson, J.S. â€Å"Hispaniae: Spain and the Development of Roman Imperialism 218-82 BC†; Cambridge University Press; New York, NY; 1986. 4. Frank, Tenney â€Å"Roman Imperialism†; The MacMillan Company; New York, NY; 1914. Imperialism Essay -- History Rome Papers Imperialism "Imperialism - the policy, practice, or advocacy of extending the power and dominion of a nation especially by direct territorial acquisitions or by gaining indirect control over the political or economic life of other areas; broadly: the extension or imposition of power, authority, or influence" According to Webster's dictionary's definition of "imperialism", a nation is not truly imperialistic until it has controlled another territory through political or economic aspects or directly annexed the land. There were many steps in the history of Rome, which lead her down the road of becoming an imperialistic nation. Rome's dealings with the Mamertines, Hiero, and Carthage in Sicily around 264 BC would lead to the First Punic War, and thus lead Rome down the path of Imperialism. The Romans actions in that war were in fact not Imperialistic at all, but in the wars that would ensue with Carthage Rome would begin to develop a sense that Rome was the destined ruler of the world (Frank, 238). Not until the Third Punic War had Rome truly committed an act of Imperialism, when she destroyed the kingdom of Carthage for her benefit without a just cause. The confidence Rome gained in herself from the deposing of the greatest kingdom she had known, would open the gates for Roman expansion into the East. As Hiero of Syracuse advanced in an attempt to win back Messana, on the basis that the Carthaginians were protecting the independence of Messana from Hiero, they resurrected a garrison in the city (Boardman et al, 27). The Mamertines, however, did not wish for the type of independence that came in being a Carthaginian protectorate. The Mamertines would come to ask Rome for her protection from both the Carthaginian... ...e, and she was for her era. Often it is difficult to look at Rome’s actions and think how they could possibly act in such a manner, but the problem entails in that an individual will tend to think about their era instead of looking at Rome’s. Rome was an imperialistic state according to the modern day standards we have of imperialism, but from an ancient world perspective she was as just as any state in her era. Bibliography: 1. Boardman et Al. â€Å"The Oxford Illustrated History of the Roman World†; Oxford University Press; New York, NY; 2001. 2. Badian, E. â€Å"Roman Imperialism in the Late Republic†; Cornell University Press; Ithaca, NY; 1968. 3. Richardson, J.S. â€Å"Hispaniae: Spain and the Development of Roman Imperialism 218-82 BC†; Cambridge University Press; New York, NY; 1986. 4. Frank, Tenney â€Å"Roman Imperialism†; The MacMillan Company; New York, NY; 1914.

Location Based Social Networking Essay

Imagine yourself in a locality surrounded by strangers- a new city, a new state yet, no more totally strange. Check-in Yo!, update your profile and you are all set for the location. The location based social networking app Yo!Buddy is making you familiar with the society and locale wherever you are. You can see the like-minded interests and hobbies pursuant, neighbors and have chance to communicate with them. If you think you are not familiar with the ones you desire to go ahead and say ‘hello’, do not feel the set back. Yo! will show you everyone using the app around you, upto 5km. The further you go with Yo!, it has the feature to update and check-in your location, nearby people, activities and events. What more would you ask your locality to show you than what you desire- the users and chance to communicate with them. Yo! finds it simple and unique to bring your online friends and neighbor closer to you in your real life. When you meet your locality people online more often chances to meet them in real life increase much more. Who knows you go to a big mall and are just checked-in to find out that another of your neighbor or friend is nearby or even an online Facebook friend has come to visit the city. You might even be idling at home on a weekend to find another of the Yo! user nearby you too is idling. This makes your networking stronger with him/her. Yo! is mastering itself to provide you the platform so that every time you check-in, the GPS based Yo! records it for you and fellow users. You can even check-in Yo! through your Facebook profile, connect with your friends nearby and be updated on how about of them. The social networking on web is changing and applications like Yo! are changing it for our betterment. You have the world shrunk in a piece of computer.You have Facebook, Twitter to make friends & followers worldwide and network. Though most of the friends or followers you get through these are virtually available and you might not have them when you need them. We are traveling to distant places for various reasons and at a strange place we feel left alone, most of the time. We like to see and enjoy our stay, befriend the people around and see nice places or just sit in a corner and still be updated as who are doing what nearby. Imagine yourself to see and doing whatever you like. Imagine to be updated and also open to be welcomed and involved in the surrounding. Location based social networking is bringing the world more alive to you- on your android application, in your palm. You just have to give it a try: invite and spread it to people around you, check-in, update and you are all set to say ‘Yo! Buddy, Wassup!’

How Are Syariah Laws Being Currently Applied in Malaysia Essay

Islam had been established in Malaya by the 14th century. Malacca, one of the Malay States in Malaya, emerged as a Muslim Kingdom under Sultan Iskandar Syah and his successors. By the early 15th century, it had become a power of great importance in South East Asia. This brought an end to the political control and cultural influence of the Hindu and Buddhist powers over the Malay Peninsula. This brought an end to the political control and cultural influence of the Hindu and Buddhist powers over the Malay Peninsula. Malay society and its laws were influences by thought and ideas from various Muslim countries. This because Islam itself came to this region from different countries, namely the Arab countries, India and even China. The law used in Malacca was Muslim law together with Malay customary law. Malay customary law may also referred as to as Adat Melayu. In 1511, Malacca was conquered by the Portuguese. However, it’s difficult to provide a satisfactory account of the legal development during that period. Although Malay customary law was preserved under Portuguese rule and later by the Dutch, during their conquest of Malacca in 1641, it was ultimately replaced by English law during the British colonization of Malaya beginning from 1786. Evidences and traces of Islamic legal thought and institutions are present in Malay law. Terminology and ideas from the Islamic legal system found their way into the numerous treatises on traditional Malay law. They are found in the Melaka Digest (Undang-undang Melaka or Risalah Hukum Kanun of 1523) and the Pahang Digest of 1596 with a later supplement, and in the Kedah Digest dated 1606 containing port rules. Further evidence is found in the 18th century, 99 Laws of Perak and in the Johor Digest of 1789. Finally the orthodox Muslim works of the Shafiee School of Islamic Law, such as the treatises on the law of marriage, divorce and legitimacy of children were translated in Malay. The Majalah al-Ahkam al- Adliyyah (The Mejelle), a set of Muslim civil laws of the Ottoman Empire, was also translated into Malay and recognized as the law to be followed by the Johor courts in 1914. Islamic law, being an imported law, evolved through a period of 6 centuries of development. Its impact on the country’s legal system was far reaching, even until the early part of the present century. This is well illustrated in the case of Laton v Ramah, where the Court of Appeal held that Islamic law in Peninsular Malaya was not foreign law but local law, the law of the land which every court must take judicial notice. But during the post British colonial period, Islamic law has been reduced in importance and its significance has further declined after the independence. The ninth Schedule of the Federal Constitution, Legislature Lists (List II- State List) states: ‘The Islamic Law is under state authority. Each state enacts its own enactment with jurisdiction over it. Every state has its own Council of Islamic Religion and Malay Custom and the Kadis Courts. These courts have limited jurisdiction on persons professing the Islamic religion, and only included in this list, but shall not have jurisdiction in respect of offences except insofar as centred by Federal Law’. The Muslim Courts (Criminal Jurisdiction ) Act 1965 [No. 23 of 1965] provides that the jurisdiction of the Shariah Courts : ‘ Shall not be exercised in respect of any offence punishable with imprisonment for a term exceeding 6 month or with any fine exceeding one thousand dollars or with both’. It’s been a questioned among the people about the application of Hudud law in Malaysia since there are different types of religious and beliefs the nations uphold. Many people agreed with the implementation whereas some disagreed with the issue. Basically, Hudud is the most severe and strict Islamic law for resorting to punish those offenders through physical means. The provisions of the Hudud law cause Malays feared the law and they are not ready for the implementation of Hudud laws as there are lack of understanding on the need of a proper model on the Islamic criminal law. According to Professor Dr. Mahmood Zuhdi Abdul Majid of IIUM, he said ‘If we do not politicize it, we Malays are definitely ready to implement hudud in Malaysia, but if we were look at Hudud as a political issue, then it becomes a problem’, He also stated that criminal laws should be imposed on all citizens because Islam does not discriminate on whether you are a Muslim or a non-Muslim. Besides, PAS had decided that it will seek constitutional amendment in the Parliament to apply the Hudud law once the Pakatan take over the federal administration. According to our Former President, Dr. Mahathir Mohammad, had stated his dissatisfaction on the implementation of Hudud laws in Malaysia which will create an injustice judiciary system. For an instance, a Muslim who committed an offence will be punished according to Hudud law, which is a severe punishment whereas the non-Muslims who committed the same offence will be punished according to civil law which is much lineal. He also commented that there is nothing mentions in the Quran about the severe punishments and he urged Muslims to follow the primary sources of Islam, Quran instead of the Sunnah or Hadith which are basically those interpretations of the Quran. Furthermore, Nibong Tebal MP, Tan Tee Beng said Kita president, Zaid Ibrahim confessed that non-Muslims can be punished under the Hudud criminal code enactments. He added that Shari’ah laws that being practiced in Malaysia are based on civil and family legislation, which governs individual Muslim matters. The issue is controversy as Hudud law can be applied if the Federal Constitution amended which requires majority votes from the members of Parliament. Based on UMNO Minister, Datuk Seri Jamil Khir Baharom view, he stated that Hudud Law will never give any impact on Non-Muslims. The government is alert that there are distinctions of views and thoughts on this issue among Islamic scholars and jurists and a research need to be done before the Hudud law implemented in Malaysia, so that the penal code is fair to all, complies with Allah’s conditions and is in accord with the Malaysia legal system. He also added that if Hudud law is to be applied in Malaysia, the Syari’ah Court would only have jurisdiction over those who practice Islam in accord with the Federal Constitution, the Supreme law of the Federation. Though the issue on the application of Hudud law in Malaysia is indecisive stage, the application of Shari’ah law does not lose its position. The Islamic law that is in force in Malaysia totally is not genuine Islamic law but may have been influenced by written laws judicial decisions and customary law. For an instance, the written laws, especially, those enacted before independence, may reject Islamic law. Thus in Ainan v Syed Abu Bakar, it was held that the legitimacy of a child should be determined by the Evidence Enactment (F. M. S. ) and not accordance with Islamic law.

A Students Guide to Economics Written by Paul Heyne Essay

?Monograph Review A Students Guide to Economics Written by Paul Heyne When you first thought about Economics, what did you think of? To me it was pretty much the study of money, as simple as that. I thought it would be interesting to ask a few people what their thoughts were and I heard many different definitions from as simple as â€Å"Money† from a family member to â€Å"To me it is the state of well being – money, housing, unemployment, industry etc. † told to me by a coworker. The true definition of Economics is the study of how individuals transform natural resources into final products and services that people use. This definition is quite a bit different than what I thought it would be, so I was very interested to read the monograph A Students Guide to Economics, Paul Heyne and hopefully learn how this definition came to be. As I was reading the book I found that the changes came and were documented by many different economists and were explained in many of the publications that those economists had written. In the monograph A Students Guide to Economics, Paul Heyne describes the history of economics and how this definition evolved to what it is today. The book starts out with the â€Å"discovery† of the Economics. In 1776, Adam Smith was the first person to question economic growth with a book titled Inquiry into the Nature and Causes of the Wealth of Nations. Adam Smith summed up economics as â€Å"the volume of the nation’s annual production will depend primarily on the skill, dexterity, and judgment with which people apply their labor to the natural resources available to them. I take this as, in a good economic society, people will use the natural resources personal talents wisely. Smith also states that everyone is a merchant, by this I think he means that with every transaction, you are making a trade. For example, if a shoe maker sells a pair of shoes, the money that is paid for them is not really the trade, the leather that he buy with the money so he can make more shoes is the trade for the shoes he sold. The General Theory of Employment, Interest, and Money written by John Maynard Keynes was published in 1936. This book stopped many economists from focusing on the trade cycle and started them focusing on government spending to make up the deficiency in private spending that had caused and prolonged the slump during World War II. From what I understand about this publication, Keynes was one of the first people to hold the government accountable for certain economic problems. For example after World War II certain people wanted the government to be responsible for bringing the unemployment rate up to 100% when the employment rate was extremely low at that time. Macroeconomics was brought up for the first time in 1948 in the publication Economic: an Introductory Analysis written by Paul Samuelson. A Students Guide to Economics states that Microeconomics or â€Å"the modern theory of income determination† as Samuelson called it, uses variables including total expenditures on personal consumption, total business investment, and total government purchases of goods and services. Microeconomics is not considered one of the two parts of economics, the other being Microeconomics. People have two possible responses when they start feeling that the organization has changed in a negative way (decrease in quality or benefit to the member), they can exit (leave the organization), or they can voice (try to improve the issue by communicating with the organization). This theory was written about in Exit, Voice, and Loyalty written by Albert O. Hirchman. An example of an exit response would be going into a grocery stare and finding out that they do not carry the type of salsa that you like anymore, when you find this out, you decide to switch grocery stores and go to the one that has your salsa. An example of a voice response would be going to a salon to get your hair colored, you go home and realize the color is not what you asked for, instead of leaving the salon and finding another one, you call and voice your frustration, you end up going back and they fix your hair for free. Written in 1957, The Economics of Under-Developed Countries by Peter Bauer and Basil Yamey looked into the theory of â€Å"growth economics†. At that time people had the notion that if there is an under-developed country, another country can go in and help it with a quick fix. Economists believed that with a small amount of funds and a good economic model an under-developed country would have major economic growth. With this growth they assumed that the country would not cause their country any issues. Bauer and Yamey were not buying into this theory. They wrote in their book that to help an under-developed country many other things would determine the countries outcome like the citizen’s attitude and knowledge. Risk, Uncertainty, and Profit written by Frank Knight in 1921 explains how a market-coordinated economy handles the problem of coordinating activity in the presence of uncertainty. One of the things that stands out most about Frank Knight was that he distinguished between two types of change, risk and uncertainty, defining risk as randomness with knowable probabilities and uncertainty as randomness with unknowable probabilities. Frank Knight stated that risk arises from repeated changes for which probabilities can be calculated and insured against but uncertainty arises from unpredictable changes in an economy changes that cannot be insured against. Uncertainty, he said â€Å"is one of the fundamental facts of life. † (Review by Gail Owens Hoelscher). Fire would be an example of a risk, you know what will happen if a fire occurs. A customer’s preference would be an example of an uncertainty. Deirdre McCloskey wrote that there was no such thing as a scientific method for economics in The Rhetoric of Economics written in 1985, scientists merely argue what they believe is true. McCloskey states that economics needs to get back to the science of facts or responsible rhetoric and get away from the things that economists are trying to persuade people is true. A businessman may know what his costs will be to produce a product and may be very aware of what the demand will be for that product but he may not be able to predict the competition he has from companies producing a similar product. Economics is the study of how individuals transform natural resources into final products and services that people use. A Students Guide to Economics has helped me understand why the definition â€Å"Money† doesn’t quite cut it. There are so many aspects that I never even thought of when it comes to economics like planning for risk and uncertainty and understanding exit and voice responses. Economics has evolved tremendously from the time it was first brought to peoples attention in Inquiry into the Nature and Causes of the Wealth of Nations to the current writings of Deirdre McCloskey. Looking into the future, I predict we haven’t seen the last changes.