Mitch Epstein.A new history of photography Essay

Mitch Epstein Introduction   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Mitch Epstein acknowledged widely as one of the most distinguished art photographers around the globe, however a whole survey of his art is yet to be published. Mitch Epstein, who is the color photography pioneer and has been making films, photographic books and also pictures for around 35 years. From 1990’s the Vietnam pictures present the artist’s distinctive balance of nuanced wit and formal rigor; and they are clear illustration of what detractor Joanna Lehan refers to Epstein’s â€Å"jaw-dropping color use.† Epstein photographs also are a significant sign in Epstein’s progression as a photographer, a link between Epstein’s early street artistic work and also his huge format work to appear (Moore et al, 2010).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The pictures in the display are a lyrical odyssey during post war Vietnam. Photographs by Epstein depicts that under beauty there lies violence while under the war remnants is a society struggling with continued censorship and new freedoms. Mitch Epstein visited Vietnam where he made six trips there when the nation began opening its borders around 1992 and 1995 to the outsiders following two decades of separation. He worked together on a book with radical Vietnamese novelist where he was able to get access to the nation that a small number of outsiders had. However, in 1995 Epstein learned that he would be requires to hand over his pictures to the government of Vietnam for censorship. Epstein ended the collaboration due to artistic freedom and his book was published by means of a text by the Vietnamese artist. Epstein photographs are up to now virtually hidden in the nation from which they surfaced, except through the intelligentsia that w ere responsible in smuggling in the book (Frizot, 1998).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The exhibition enlightens an indispensable point in the career of Epstein. The method of the artist became more painterly and deliberate in Vietnam. He revived and mastered the life which was at standstill. His sluggish, gradually formalist approach obviously resulted to 8x 10 view camera that he uses now. Vietnam also marked a new period whereby politics indirectly would, yet considerably have an effect on Epstein’s artistic work. Epstein’s next works all suggest a keen sense of community’s intrigues, just like the Vietnam photographs do. In Vietnam, Family business, American power and The city, Epstein delicately depicts that power of a nation, a patriarch or a city leaves its mark on the public landscape and also in the private lives. In America also Epstein continued with his art of photography where he travelled across the whole nation, making the photographs not just of wind turbines, oil refineries and nuclear r eactors, but also of solar ovens, electric chairs and gas stations (Moore et al, 2010).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   New work being carried out by Epstein is a sequence of photographs of idiosyncratic trees inhabiting the New York City. These pictures depict the significance of trees to the urban life and also their multifaceted relationship to their human correspondents. The cumulative significance of these photographs is to reverse the individual’s usual perception concerning their city. In this regard the trees do not function as background any longer, and instead control the architecture and human life around the world. Mitch Epstein’s work has influenced many people across the globe and therefore making his artistic work significant to the history of photography (Epstein, 2005). References Epstein, M. (2005). Recreation: American photographs 1973 – 1988 (1. ed.). GoÃÅ'ˆttingen: Steidl. Frizot, M. (1998). A new history of photography. KoÃÅ'ˆln: KoÃÅ'ˆnemann. Moore, K. D., Crump, J., & Rubinfien, L. (2010). Starburst: color photography in America 1970-1980. Ostfildern: Hatje Cantz. Source document

Eagle Scout Essay

  Hello everybody. To start off I would like to say thank you to everyone here for coming, because if it wasn’t for all of you this day wouldn’t be so special. I would like to give a special thanks to my parents for getting me involved in boy scouts, mr.mac, mr.beteyyman, mr.deangles, and all the other leaders for leading my troop, and the scouts that helped me complete my Eagle Scout project. From the start to the end boy Scouts has shaped me as the person that I am today, and without Boy Scouts I wouldn’t be the person that I am. Not knowing where Scouting would lead me, I joined the troop due to many interests such as having fun. It all started when I was about 7 years old and walked into the elks lodge to have my first meeting as a tiger scout. From tiger scouts on I decided that I really liked the scouting experience and would continue on the whole journey. Racing boats in the rain gutter regatta, and racing cars in the pine wood derby were just a few of t he events early on. Time had passed earning belt loops, camping some, and learning wilderness survival tips, and before I knew it Webloes 2 was completed and I had a decision to make. I decided that I would cross over to boy Scouts and shoot for the goal of my Eagle Scout. Anxiously waiting at the table for my name to called, a member from the order of the arrow dressed up as an American Indian came over to me and walked me to the front of the building and over the bridge. I was then welcomed by the boy Scouts and given a troop 2540 handkerchief and hat. I decided that I would be one of the kids to go to all the meeting, trips, and scouting events.   One of my very first memories was the camping trip to rickets Glenn in Pennsylvania. The scenery of waterfalls and hiking through the wilderness hit me immediately that I loved the idea of camping and couldn’t wait to go on the next trip. As time progressed learning how to cook, pitch tents, tie knots, first aid, and physical fitness, I was moving through the ranks very quickly. Some events such as community service taught me to always give back to the community, and to take leadership roles in the troop showed me how to be a good leaders and not a follower. My most memorable camping trips were the 2 out of the 4 high adventure trips that I completed. The National Jamboree in Arlington Virginia celebrated the 100 years of scouting, and the most memorable part of this trip was getting Shaun Whites autograph. Hiking through the wilderness at Philmont Scout Reservation was an amazing espicially hiking up mt.baldy and catching mini bears in our bear bags to  pass time at cam p. Boy Scouts has meant so much to me and has helped me discover what I like to do through the 27 merit badges that I earned over the years. Getting my eagle scout was a long and memorable journey and has helped me become who I am today. Thank you

Intercultural Communication assignment Essay Example | Topics and Well Written Essays - 1250 words

Intercultural Communication assignment - Essay Example The head wobble in India is a non-verbal that means something good or simply telling the other person, â€Å"I understand†. The most common use of the wobble is affirmative. It is also used to acknowledge the presence of someone, as a gesture of benevolence or kindness and to thank the other person. In Tanzania, a country in Africa, respect is very important during greetings. Women are expected to bow as they shake men’s hands. Young boys and girls fondly refer to the elders as â€Å"father† or â€Å"mother† during greetings. Just like the Indian greeting culture, Tanzanians emphasize etiquette during greetings. It is one way of identifying a Tanzanian culture from others (Otiso, 2013). One thing that is similar in both cultures is that the greetings involve exchange of smiles. The Spanish culture also exhibits its own uniqueness in greeting. Traditionally, when two people unfamiliar with each other meet in Spain, they exchange handshakes. If they are familiar with each other, they greet each other with two kisses on both cheeks. The kissing is a show of fondness and familiarity. They also verbally greet each other with the â€Å"hola† word meaning â€Å"hallo†. Like the other two cultures, there is often the exchange of smiles as they greet. They also hug a lot as they greet. In conclusion, greeting is a fundamental aspect of each culture that sets one culture apart from others. It may confuse foreigners or non members of the culture. It shows a sense of belonging and identity for people of similar culture living abroad. Wedding is another significant aspect of culture that happens in every society. It leads to marriage which is a crucial rite of passage everywhere in the world (Brockway, 2010). I will discuss wedding rituals in Nigeria, India and the Arab world. In Nigeria, there are many tribes and weddings are not uniform across the many tribes. However, the point of commonality is that most

Local Development Framework in England Essay Example | Topics and Well Written Essays - 2750 words

Local Development Framework in England - Essay Example This paper illustrates that land-use planning system at the end of the 1990s was unable to deliver adequate infrastructure; this was identified as a key obstacle to economic development in the United Kingdom. This was one of the reasons that resulted in the 2004 Planning and Compulsory Purchase Act. This radical new approach to planning in England signified the beginning of a new era of developing spatial rather than solely land-use plans. â€Å"The requirements of the new system, the implementation of plans and the delivery of infrastructure have been significantly strengthened through Local Development Frameworks (LDFs)† and newly formulated policy guidance and regulation. On the other hand, it is vital to comprehend the opportunities and challenges confronting policy makers in the delivery of infrastructure. This is essential, in view of the emphasis that the government is placing on reducing barriers to development, specially those associated with the delivery of housing a nd infrastructure. Local authority chief executives are required to involve themselves fully in the Local Development Framework system, entrenching it into the corporate centre. The executives should provide the resources and support to the planmaking process. They should make the resulting Local Development Framework a central instrument â€Å"in their corporate armoury to steer public and private capital investment and achieve Local Area Agreement outcomes†. ... ementation of plans and the delivery of infrastructure have been significantly strengthened through Local Development Frameworks (LDFs)† (Baker and Hincks, 2009 p.173) and newly formulated policy guidance and regulation. On the other hand, it is vital to comprehend the opportunities and challenges confronting policy makers in the delivery of infrastructure. This is essential, in view of the emphasis that the government is placing on reducing barriers to development, specially those associated with the delivery of housing and infrastructure. Local authority chief executives are required to involve themselves fully in the Local Development Framework system, entrenching it into the corporate centre. The executives should provide the resources and support to the planmaking process. They should make the resulting Local Development Framework a central instrument â€Å"in their corporate armoury to steer public and private capital investment and achieve Local Area Agreement outcomesà ¢â‚¬  (Rozee, 2008 p.621). Additionally, elected members require targeted training to comprehend the value that the Local Development Framework can contribute to their communities and their participation in achieving results. The Planning Advisory Service provides modules which help in the delivery of such training. However, it is evident that one of the most significant barriers to achieving the implementaion of plans is the delivery of the infrastructure required to support development. London has responded to the challenge of urban renewal, regeneration, and regional competition. However, it is occasionally handicapped by a complex London government structure. National, regional and local governments are all concerned with economic growth and development in London. A distinctive institutional

Wonderful Adventures of Mrs. Seacole in Many Lands Assignment - 1

Wonderful Adventures of Mrs. Seacole in Many Lands - Assignment Example as an adventuring business woman in London, Jamaica, New Granada, Haiti, and Cuba, and as a woman who, undisturbed by the horrors that were experienced at the battlefields she deployed herself to the Crimean war, her heroine was extraordinary by any standards. In addition to her bibliographical significance, her works are invaluable means of espying how the female subject fashioned her identity, from the socially, racially, and more so the economically disempowered position. The text describes how she exploited historical moments in order to realize and construct a new social identity. The writer has used double coincidence so as to challenge contradictory and conflicting ideas in her identity. When the location shift from Jamaica to England; she finds this site less predictable, unlike the colonial one. She illuminates what she reveals as the psychological migration of colonialism and migration. In the wonderful adventures, the cultural hybridity of Seacole surrenders to the imperialism of Britain as a civilization strength; however, this surrender is not absolute. Seacole’s constant revolt against the marginalization that was imposed by gender and race qualifies her hold for the civil ideals; she even portrays herself as the champion of the English values (Seacole 45). She claims that the British Empire has become a sacred value in her life, and it does not matter whether it represents cultural and social legitimacy at home or abroad, or maybe the much desired protection from the Yankees of New Granada (Seacole 73). The narrative celebrates her single status of being a Jamaican woman. At the age of forty-five, she chooses to defy the English –derived social conventions (Seacole 60). Instead, she decides to carve out of the new life for the sake of adventure, entrepreneur, and professional healing. While telling her story, we realize her attempt to explain the meaning of a true woman based on her individual accomplishments as a Jamaican woman, where color

Public Awareness, Response and Recovery Essay Example | Topics and Well Written Essays - 500 words

Public Awareness, Response and Recovery - Essay Example Situational awareness is the knowledge and understanding of the situations happening around and how one can predict the changes that will happen with time according to the dynamics of the environment. The best plan of action for creating situational awareness is the use of Geographical Information System (GIS) Technology. It uses other technologies such as GPS as well as networking in order to provide information about the place and time of the happenings of the situation. It collects data from different sources to build up relevant information required to act on a situation as well as to predict a situation (ESRI white paper, 2008). The GIS aggregation of data also involves data that is useful to the emergency responders such as on the location of the essential resources, infrastructure and assets useful to respond to a situation such as the power lines, hospitals, fire hydrants and sewer as well as water lines among others. This information is important for action in public safety. The GIS is enabled to meet the most basic of the information needs to the most advanced as the complexity of the situation increases. The downside of GIS is that it requires high memory storage only available in desktop; it works only when there is network access and requires complicated software. What appears to be the best plan for public response? The National Response Framework is the best plan in as far as public response if concerned.

Managerial Economics Assignment Example | Topics and Well Written Essays - 2250 words

Managerial Economics - Assignment Example The firm would be worse off, if it produced in the short run because the total loss that the firm will incur in this case is 380 AED (120-500). It is prudent if the firm shuts down and saves 200 AED rather than losing 380 AED in the short run. At the point where the firm produces 30 units and sells each unit at 4 AED, MRC (marginal revenue cost) is less than AVC (average variable cost). Assuming that Coke has already attained the monopoly status such that Coke is a monopolist, Coke actively engages itself in price discrimination because it has price setting power (Carbaugh). Given that there is a difference in price elasticity of demand for Coke in various regions, the company varies its price and extracts consumer surplus, which leads to additional revenue and profit. Coke discriminates on price by selling its product to distributors at different prices. For instance, the price of the same can of Coke in Seattle is higher than it is in Sidney. Separately, consumers from the UK purchase Coke at a higher price, compared to consumers from other countries within the continent. When Coke is able to separate the markets, it makes profits denoted by area MC, P, X, Y + MC1, P1, X1, Y1. The price charged when Coke separates the market will be P while output Q will be produced in a relatively elastic sub-market. Coke will charge a lower price in a relatively inelastic sub-m arket (P1). When duopolists, Etisalat and Du form a cartel between themselves, the firms would want to maximize their joint profits by producing a smaller quantity and charging higher prices. The optimal total industrial output selected by Etisalat and Du would be the monopoly quantity (Agarwala). It would be agreed that Etisalat and Du contribute in production of the agreed quantity and then share the profit between them equally. Consequently, the price and output in the market will be affected in that the

Economic Growth - Solow Growth Model and Beyond Essay

Economic Growth - Solow Growth Model and Beyond - Essay Example At the core of this model, it is a neoclassical aggregate production function that in most cases is similar to Cobb – Douglas model and this makes it possible for this model to be in contact with microeconomics. This model was established by Robert Solow and Trevor Swan in the year 1956 (Dimand and Spencer, 2008). Dimand and Spencer (2008) say that the version of Solow’s Growth model where savings are chosen optimally by utility maximization of the households is known as the Neoclassical Growth Model. The neoclassical model was an extension of Harrod – Domar model that was developed in 1946. It superseded Harrod – Domar model due to the characteristic mathematical attractiveness. In that sense, the model was a convenient start point for various extensions (Hendrik and Lewer, 2015). David Cass developed a solution for the growth model in 1965 with technological change and the growth in population (Jones, 1997). Jones (1997) observed that Solow and Swan did an extension of Harrod - Domar model, first, by the addition of labor as a factor of production. Secondly, they ensured that the capital – labor ratios were not in a fixed position like in Harrod–Domar model’s case. In a study carried out by Jones he recognized the modification that provided for a continual increase in capital intensity which could be distinguished from progress in technology (Jones, 1997). In this sense, they independently simplified the growth model. Solow’s model fitted the economic growth data that was available with some level of success. In the present day, his model is used by economists in the estimation of the separate effects on the economic growth of capital, labor as well as the technological change. The previous models that include the closed economy a nd small open economy models give a static observation of the economy at a given point in time. The Solow growth model allows us a dynamic view of how savings affects the economy over time. The

A Clausewitzian Analysis of the Thirty Year’s War Essay Example for Free

A Clausewitzian Analysis of the Thirty Year’s War Essay When applying the Clausewitzian paradoxical trinity paradigm to the Thirty Year’s War, we see that the catalyst that sparked much of the conflict during that time was driven by civil unrest of the ‘People’ engendered by fear of religious persecution. Beginning with the divergence of religious and secular leadership resulting from the Protestant Reformation which was exacerbated by the rigidity of Catholic monarchy, we see how widespread fomenting dissent within the German States lead to the decline of the Habsburg ruling family. In his work, On War, Clausewitz describes the essence of war as a continual interplay between the ‘paradoxical trinity’ of the people, the government, and the military. As we apply this framework to the complex and varied influences of the early 17th century, this model provides clarity in determining the root causes that shaped this era an era that has come to be characterized by the rampant internecine warfare of religious and political factions of the time. The Protestant Reformation, which had begun to take traction with many of the expansion-minded German nobility, set the stage for the conflict between Catholic and Protestant factions throughout the German Provinces. With the signing of the Peace of Augsburg in 1555, Lutheranism had been officially recognized by the Holy Roman Empire. The major outcome of this treaty enabled the Protestant movement in Germany to claim lands once belonging to the Catholics. This result had great appeal to the more secular rulers throughout Europe who sought to disentangle themselves from papal oversight and influence. Under the rule of the Holy Roman Emperor Mathias, Protest and Catholic factions had gained equity of representation and influence throughout the Hapsburg controlled regions. This unification was driven, in part, by the larger Muslim threat presented by the Ottoman Empire. This truce, however, was an uneasy one with all the characteristics of a 17th century Cold War between the two religious sects, and as the balance shifted with the rise of a new monarch, each side began an arms race to defend their interests from the other. The appointment of the intransigent Catholic monarch, Ferdinand II, posed a threat to Protestants throughout the various Habsburg controlled territories. Religious hegemony of individual States was the preferred condition of German rulers in the early 17th century. The religion of the ruler shall be the religion of his subjects† was a motto that was very near and dear to many of the European rulers of the day. This rang especially true among the Catholic territories where the Church exercised much greater political influence than their Protestant counterparts. So when the balance of Protestant and Catholic controlled States was disrupted with the ascension of Ferdinand II a widely acknowledged Catholic zealot to the throne of Bohemia it brought a face to the fears of the Protestant nobility. In an effort to limit his religious edicts, the Protestant Bohemians entreated for religious freedoms of their newly throned monarch. The harsh dismissal of these entreaties was the spark that ignited the powder keg that Central Europe had become, and the subsequent â€Å"Defenestration of Prague† resulting in the death of Ferdinand’s representatives by Protestant rebels signaled the start of uprisings in Hungary, Transylvania, and the rest of Bohemia. This uprising spread throughout Europe, drawing in both political and religious powers to become decisively engaged. The unresolved religious dissent among the people and the Habsburg ruler served as a lodestone for conflict throughout Europe and lead ultimately to the decline of the Holy Roman Empire into several small autonomous territories. Early successes by the Hapsburg against the Bohemians, and later the Palatinate States, led to the direct involvement of France and Holland allying against the Hapsburgs. Their efforts were later supported by England, Sweden, Denmark, Savoy and Venice. These State actors all had their own agendas but ostensibly acted in support of the Protestant rebellion whose secular distancing from Church control appealed to both the ruling classes and commoners alike. The war ravaged the German countryside and some estimates have nearly half of the population were killed, wounded, or displaced, with some areas such as Wurttemberg losing nearly 75% of their population. The Peace of Westphalia which was signed in the fall of 1648 signified the end of the war. Alsace became part of France, while Sweden gained much of the German Baltic coast, while the Emperor had to recognize the sovereign rights of the German princes, and equality between Protestant and Catholic states, while Spain, in a separate peace, finally acknowledged the independence of the Dutch Republic. † The Habsburg crown was now, more than ever, subject to the auspices of the Imperial Diet, also termed the Reichstag or German Parliament, which exists to this day. When viewing the root cause of the Thirty Year’s War under the Clausewitzian perspective, we see that the â€Å"People† node of the paradoxical trinity was the most influential during that time. This war is often termed the War of Religion as religion was either the root cause of conflict, or the excuse used to mask political machination in efforts to expand power and influence. But in truth, religion was merely the vehicle by which contention among the commoners and landowners took shape to facilitate change of the current governmental structure. Upon the conclusion of the war, after the smoke had cleared and the damage was tallied, Habsburg power was irrevocably shattered and France emerged as the new epicenter of European influence and might. But the consequences extended beyond the immediate outcomes of the war. The resulting Peace of Westphalia changed the very relationships between citizens and the State, extricating religion from the government and laying the foundation for modern civic relationships of today’s democracies.

Bibliography on the Mexican Muralist Movement Essay Example for Free

Bibliography on the Mexican Muralist Movement Essay As an instructor for the Yale-New Haven Teachers institute Maria Cardalliaguet Gomez-Malaga has posted the contents of her Curriculum Unit 06. 02. 01. The Idea behind a final for this class is a discussion of how Modern Mexican, Latino/a, Chicana/o art during the twentieth century turned revolutionary propaganda of the 1920s and 1930s, into a significant 20th century art form to young Chicano artists and activists. These artists developed a strong new Mural Movement that has had strong influences on the social, political and cultural development to support social activism during the 1960s. Her curriculum enabled me to find a starting point in the development of a thesis where I believe this Art form â€Å"The Mural† is able to describe a historical picture of life from one society to another through a Painted Medium. This thesis is preliminary in scope and needs to be defined more precisely in its description of historical life, though it is a beginning or a starting point for additional research. Campbell, Bruce. Mexican Murals in times of Crisis. Tucson: University of Arizona Press. ISBN 0-8165-2239-1. This book traces the ongoing critical contributions of mural arts to public life in Mexico to show how post-revolutionary murals have been overshadowed both by the Mexican School and by the exclusionary nature of official public arts. By documenting a range of mural practices—from fixed-site murals to mantas (banner murals) to graffiti—Bruce Campbell evaluates the ways in which the practical and aesthetic components of revolutionary Mexican muralist have been appropriated and redeployed within the context of Mexicos ongoing economic and political crisis. I think I can show how art can be used by public officials to influence public perception of political cause’s Author: Eva Sperling Cockcroft; Holly Barnet-Sa? nchez; Social and Public Arts Resource Center. Venice, Los Angeles, Calif. Signs from the heart : California Chicano murals Publisher: Venice, Calif. : Social and Public Art Resource Center : Albuquerque : University of New Mexico Press, 2001,  ©1990 In this book the authors began as just photographers collecting of pictures of Chicano murals for a family album. This would outgrow the picture taking phase as they discovered the social significance as these photos would become a nationwide photo documentation of powerful community based art. The book only one part of SPARC’s collection of mural slides is significant in that it helps to show the shift from Mexico to the United States as the center of mural production in the world. Art and Identity in Mexican and Chicano Social Movements by Edward J. McCaughan. http://bss. sfsu.edu/emccaughan/art_and_identity_in_mexican_and. htm This paper presents a comparative analysis of artwork produced in the context of social movements waged by Mexicans and Chicanos (U. S. inhabitants of Mexican descent) during the two decades between the mid-1960s and the mid-1980s. Young artists played a central role in projecting the public identity and agendas of powerful social movements that emerged in Mexico and among Chicanos in the United States in the 1960s. This paper is a good starting point for me in that the issues young artists were trying to depict are described in greater detail with the inclusion of female artists in the paper with internationally born artists I feel I have the material to start a solid project. Art and social change, or is it the ability of that art to provoke change in society’s view of? A view of what? Is this racial, social, class, or cultural differences among groups of people that art changes the perceptions of? I still am faced with a question that I would like to have answered for myself!

The Performance Appraisal Process Management Essay

The Performance Appraisal Process Management Essay The essence of the concept of the HRM is that people working in the organization are viewed as a valuable resource. If these people are managed properly, they can boost productivity through commitment and capability. HRM lays emphasis on the importance of integrating personnel functions (recruitment, selection, appraisal, reward, development, industrial relations, grievance and discipline, retirement, redundancy, dismissal) into the overall strategic management of the organization. All organizations evaluate the performance of their employees to find out their relative worth for the job they are doing. Performance is being related to the productivity, it is crucial for the organization to achieve its goals and objectives. Effective performance for the organization means that output can be maintained with fewer numbers of employees. Performing effectively is also of crucial importance to the employee because organizations can no longer tolerate poor performance, they (employees) are m ore likely to be dismissed. The effective management performance, therefore, is not only vital for the long-term survival of the organizations but is also a moral obligation on the employees. Performance appraisal is considered as the systematic evaluation of individuals to their performance on the job and their potentials for development (Dale S. Beach, 1980: 290). Wendell French has defined performance appraisal as a systematic and periodic assessment of how employees are doing their jobs in relation to established norms and the communication of that kind of assessment to employees. It is a process of evaluation an employees job performance with respect to its requirements. A systematic performance appraisal provides information for making decisions about various issues such as promotions, pay increases, layoffs, training and development and transfers. It is managements powerful tool in controlling human resource and productivity. Managers can improve an employees job performance through clarifying expectations and evaluating performance. Employees also, in general, prefer having some kind of appraisal to develop an appropriate vision of their own effectiveness and opportunities (Wood, 1988). Formal performance appraisal can meet the three needs, one of the organization and the other two of the individuals within the organization: It provides systematic judgments to back up salary increase, transfer, demotion or termination. It is the means of communicating to subordinates the behavior, attitudes, skills or job knowledge and let him know where he stands. It is used as a base for coaching and counseling the individual by his superior. The effective management of performance is not only vital for the survival of the organization but is also in the best interest of the employees. The underlying assumption of performance management is that the individual employees can satisfy their needs and objectives by contributing to the attainment of the organizations objectives. This may result in employees motivation and greater job-satisfaction which is at the core of HRM (Foot and Hook 2008). The performance appraisal process generally consists of the following six steps as depicted in Figure 1 (Decenzo and Robbins, 1998). Figure 1. The Performance Appraisal Process Establishment of performance standards Communicate the performance expectations to employees Measure actual amount of performance Compare the actual performance with standards Discuss appraisal with the employee If necessary, take corrective action Performance appraisal begins with the establishment of clear and objective standards of performance evolved out of job analysis and job description. These standards need to be communicated to the employees. Subordinates have to receive and understand the information properly. The third step is the measurement of the actual performance. For this, four measures can be utilized by managers, namely, personal observation, satisfied reports, oval reports and written reports. The fourth step is the comparing of the actual performance with standards. If any deviations are found between standards and actual performance, the manager may proceed to the fifth step to discuss the appraisal with the employees. Final step of appraisal is taking corrective action when it requires The objectives of performance appraisal can be classified by different ways but according to (Harrison, 1995) to the objectives of performance appraisal are i. administrative: which determine orderly way of promotion, transfers and increase of payment. ii. Informative: supplying the relevant data to management team according to performance of subordinates and weakness and strengths of individual. iii. Motivational: create good environment to employee which motivate staff to develop themselves and to improve their performance According to (Randell, et al. 1972) the main purpose of staff appraisal is to evaluate, auditing, constructing succession plans, motivating staff, developing individuals and checking. Similarly according to (Lefton, 1997 ) performance appraisal can be defined by mainly four characteristics a. its formal b. it tries to find out why and how a subordinates is doing the job c. it tries to explore how subordinate can do better way in a job d.it always tries to produce benefits for subordinate, the organization and the superior. Performance evaluation systems in Nepalese organizations are mandatory. The results of performance appraisal are not used in terms of career development, reward management and employee training and development. The results are mostly used to decide whether to promote employees or not (Adhikari, 2006). The main purpose of performance evaluation in government and public enterprises is the promotion of employees. It is not used for performance feedback to employees, reward management and identifying the needs of training and development. In civil service, 40 percent of performance appraisal is confidential and thus non transparent to employee (Agrawal, 2001). Three different approaches exist for doing appraisals. Employees can be appraised against (i) absolute standards, (ii) relative standards, or (iii) objectives (MBO). However, no one approach is always best. Absolute standards are individual oriented whereas relative standards rank individuals. Management by objectives facilitates continuous improvement of performance results. Most of the private sector enterprises in Nepal lack systematic performance appraisal system. Personal judgment and subjective assessment of owner-manager serves as the key criteria for performance appraisal (Agrawal, 1982). Formal and systematic performance appraisal system was non-existent in tea industry of Nepal. Promotion is the vertical movement of an individual in an organizations hierarchy, enhanced status, accompanied by increased responsibilities, and usually with increased income, though it is not always so (Monappa and Engineer, 1999). It is the advancement of an employee to a higher job-rank in the organizational hierarchy accompanied by a pay rise (Pigors and Myers, 1981: 303). Employees consider their ultimate success of their career and performance in terms of the number and frequency of promotion they get during their service. Yoder et al observed that promotion gives incentive to initiative, ambition and enterprise, unrest and minimizes discontent, attracts capable personalities, appropriate logical training of advancement, and forms and effective reward for cooperation and loyalty, long term service, etc. (Yoder,1979). It increases satisfaction in the employees that their talents and capabilities are being recognized. In turn, they trust the organization and devote for the acco mplishment of organizational goals and objectives. In Nepal, the Civil Service Act was promulgated in 1956 which stated that promotion should be given to civil service personnel on the basis of work efficiency (Civil Service rule, 1993). Many changes have been done in the promotion system of the employee in the government organization since that time. The Administrative Reform Commission formed under the chairmanship of Mr. Vedananda Jha suggested that the promotion criteria for civil service personnel should include (a) seniority, (b) experience, (c) academic qualification and training, and (d) departmental performance report including co-operative attitude. Another Administration Reform Commission formed under the chairmanship of Mr. B.B. Thapa noted as promotion occupied special importance in the career development of employees, so capability to hold higher promotion and the capacity to perform the work satisfactory in the present position were the main criteria of promotion (Government of Nepal, 1996, Report of Commission). Amend ments were done in the Civil Service Rules in 1978 and 1983. Similarly the Administrative Reform Committee formed under the chairmanship of the then prime-minister Mr. G.P. Koirala in 1991 emphasized performance oriented promotion system. The new Civil Service Act, 1993 laid stress on performance ability with criteria such as past performance, seniority, work experience of remote area, and academic qualification. Similarly, the comparative weight-ages of promotion criteria of civil service employees were changed after 1992. NASCs study on promotion system of civil services stated that there was lack of clarity in its purpose and no consistency in the average promotion period between level and services. The risk of subjectivity in merit rating was a major apprehension in the minds of civil servants for giving more weight to merit rating. Even the performance evaluators views were in favor of no link of the promotion with the performance. Basic perquisites for sound performance appraisal practices, such as clear organizational and sectional objectives, individual job descriptions, adequate and reliable information system etc. were not properly provided in the civil service. Majorities were in favor of number allotting 50 percent of seats to the promotion by competitive examination as compared to the exiting 25 percent, in some cases even less. Williams (1972) ascertained that managers lacked adequate means or determination to control the motivation and productivity of their workforce. Job description, performance appraisal and output indicators were non-existent; rewards and sanctions were irrationally applied; salaries were not genuinely related to knowledge and or effort requirements; offices had inadequate facilities; poor co-operation and limited delegation. The top of the decision making level was congested by trivialities while middle-level staff were in a soporific frenzy over the responsibilities for complex planning and fiscal matter. The review presented above fairly indicates that the limited attempts have been made to study personnel / HR management practices in public and private enterprises of Nepal. Those studies have shed light on some aspects of personnel / HR management, however, the concluding remark indicates that personnel /HR management in the past remained neglected areas of management. This review also indicates that no systematic attempts have been made to study HRM practices in tea industry of Nepal. This knowledge gap has called for a systematic study which could bridge up such a gap. The present study is an attempt in that direction. Tea industry which is leading position in the national economy is growing extensively mainly in the eastern region of Nepal. It is, being one of the most labor intensive, agro-based industries; it involves a great deal of workforce, which provides direct employment to about 41000 workforces. After the privatization of Nepal Tea Development Corporation in 2000, the change in ownership is also accompanied by deep changes in organizational procedures and culture that could have a profound effect on enterprise behavior and performance (Manandhar, 1998). There have been only a few research studies in the field of human resource management in private enterprises of Nepal. And there has not yet been any specific research conducted in HRM in tea industry of Nepal. So, in view of the poor research-based on HRM and the lack of knowledge existing in this field, the research work is virtually called for the streamlining of HRM practices. Research can lead to an increased understanding of an improvement in HRM practices. It can provide insights for managers as they attempt to increase employee productivity and satisfaction while reducing absences and turnover. Research can also identify potential problem areas related to HRM. Industry background The golden beginning of tea plantation in Nepal dates back to the year 1863, with the first tea processing factory was established in the year 1878, in Ilam Tea Estate. In 1959 Budhkaran Tea Estate was established at Jhapa which was the first tea estate in private sector. Soon after this venture, Satighatta, Nakkalbanda, Mittal, Giribandhu Tea Estates and Himalaya Tea Garden were established. The establishment of Nepal Tea Development Corporation (NTDC) in 1966 is considered to be a landmark to augment the tea cultivation. Generally, two types of tea orthodox and CTC (Crush, tear and curl) are produced in Nepal. At present, there are 128 tea estates and 45 tea processing factories as registered in NTCDB. Basing on the previous statistical figure of total tea plantation area of 16420 hectares, and multiplying by 2.47 persons per hectare, it is estimated that about 41000 people are employed in tea industry of Nepal Tea industry which is considered as the backbone of national economy of Nepal but there has not yet been any specific research conducted in HRM in tea industry of Nepal. So, in view of the poor research-based on HRM and the lack of knowledge existing in this field, the research work is virtually called for the streamlining of HRM practices. Research can lead to an increased understanding of an improvement in HRM practices. It will provide insights for managers as they attempt to increase employee productivity and satisfaction while reducing absences and turnover. Research aim, research questions or hypothesis and objectives Research aim: The research aims is to investigate the employee performance appraisal system in an organization. Research question Is the performance appraisal practice key to pay rise, training and development, promotion or termination of the employee in the tea industry of Nepal? Research objectives The specific objectives of this study are: 1. To examine how employee performance is appraised in an organization. 2. To evaluate the effectiveness of performance appraisal system in the organization. 3. To analyze the relationship between performance appraisal and the factors like pay rise, training and development, promotion or termination of employee in an organization. Research Methodology The research philosophy applied for this research project will be phenomenological instead of positivist philosophy and the researcher will analyse and explain the purpose of research through the qualitative methods. 4.1. Research Philosophies: Positivism and Phenomenology Phenomenology as a philosophy, propounded by Edmund Husserl in the 20th century which is concerned with the systematic analyses and reflection of consciousness, structures and phenomena as it approaches in the act of consciousness. The reflection in the phenomenological philosophy is to be done through the first person viewpoint which is highly modified first person. According to Saunders et al. (2000) explained the significant differences between these two approaches of research which is very useful for this study to make concise choice. Regarding the worldview Saunders et al say that phenomenology describes world is subjective which is socially constructed whereas Positivism philosophy says that the world is objective and external. In terms of their basic beliefs they further say that positivism define that the observer is independent in his or her observation, converse to this, phenomenological view says that the observer cant be isolated from what is being observed rather than th e observer is a part of what is being observed. In positivism Science is taken as free of value contrary phenomenological philosophy takes the human interest in science. Phenomenology view says that human interest is to colour the science. Taking into consideration of research nature the research the researcher finds phenomenological philosophy opt for this study. Collis and Hussey (2003) says that phenomenological research provides qualitative data which is well matched with this research, as the qualitative data by its nature is subjective and rich because there is a significant level of participation of the researcher. Besides these facts, the research setting is the commercial organization which is natural setting rather than laboratory setting of the positivistic philosophy. 4.2. Qualitative and Quantitative Research Mainly there are mainly two kinds of research where researcher can apply any one of them or mix both qualitative and quantitative as per their demand of the research topic. In this study, researcher will use qualitative approach with the definition of Collis and Hussey (2003) who says, qualitative research as an approach of study which is subjective and tries to explore and understand the social and human activities which includes reflection and examination on perceptions. Performance appraisal as such is a subjective in nature which is related to the study of human behaviour with a fixed organizational setting. Inductive and Deductive Research The choice between two methods of research as inductive and deductive is also depends on the nature of the study. The deductive research which begins with theory and later tested through empirical observation. In this study, inductive approach will be used where researcher moves from the particular to general. 4.4 Source of Data In the initial phase of investigation, a comprehensive study of various relevant materials books, reports, research works etc. will be done. Both the primary sources and secondary sources of data collection tools will be applied. While collecting data from primary sources, multi-data collecting method i.e. triangulation method will be applied. The researcher will prepare the questionnaires that elicit the facts regarding the personal appraisal system in the organization. In the second phase, the researcher will visit the different tea states with semi structure interview schedules, design to get information on what was being done and how was it being done relating to various aspects of employee performance and appraisal process. Then after first field study, he will construct some research questions regarding to structure interview for pilot study. So, at last with the help of pilot study he will fully prepare research question for structure interview for different employee as worke rs, managers and assistant. The researcher thinks that collecting data from different methods helps the researcher understand the phenomenon more deeply and increases the reliability and validity of the data. The secondary data will be collected from various published and unpublished reports, records and documents of Central Bureau of Statistics, Labor Department / Office, Center for Economic Development and Administration of TU, Nepal Tea and Coffee Development Board, Agro Enterprise Center under Federation of Nepal Chamber of Commerce and Industry. Data will also be collected from publications of different national and international institutions, research works, books and relevant articles published in different journals, magazines and newspapers etc. and will review for obtaining necessary information. 4.5. Sampling Procedure: The sampling method for selecting the tea estates will be judgmental sampling. The tea estates for this study will select mainly on the basis of their size of plantation, number of employees, and production performance of the companies representing both corporate and private sector, and hilly as well as Terai region. For this study, five leading tea estates having their own processing factories will be selected comprising two tea estates from corporate sector, namely Kanyam tea state from hilly area of Ilam and Tokala from Jhapa district. On the other hand three tea estates from the private sector, namely, Budhkaran, Satighatta and Giribhandhu will be chosen from Jhapa district. Five employees from different level of each estate will be considered as a sample. So sample of this study will be 30. Analysis of Data: After the collection of data from both primary and secondary sources most of the processing work, tabulation and calculations will be conducted manually in the beginning. Data will classify into different groups and finally they will be presented in tabular forms. Similarly, the respondents views and opinions will be analyzed in terms of different levels of employees such as managers / officers, assistants and laborers. The analyses of data will be made with the help of relevant statistical tools such as simple average, percentage and chi-square tests. For computation and statistical analysis electronic scientific calculator and computer will be used. Research ethics While conducting the research we requires certain disciplines .It embodies certain goals and norms which the researcher need to maintain coordination between the actions or activities they applied and maintain which establish the public trust of the discipline. Ethical standard helps the researcher to maintain knowledge and truth to minimise the error. It is essential to avoid misrepresentation, fabrication, and falsification of data. Some ethical issues as honesty, integrity, objectivity, carefulness, openness will be carefully considered while conducting the research. . This study will reveal a clear picture about the existing state of HRM practices in tea industry. The outcome of the study may serve as a research infrastructure on which further researches can be built. And the information and conclusions derived from this study may be useful and helpful for practicing managers, as well as planners, policy makers and other agencies concerned, through better understanding of HRM practices relating to tea industry. Thus, it is a modest attempt towards examining and understanding HRM practices in tea industry of Nepal. Also, researcher has a good taste of knowledge and highly interested about tea industry of Nepal from the very beginning. So the research topic will be significance for researcher. Human resource is the most important resource in an underdeveloped country like Nepal which can be mobilized or managed for the overall development of the country. But in practice, very little attention has been given to the management of human resources in any organizational setting. Consequently Nepalese industries have been facing various HR problems such as low employee-morale, low productivity and greater tension between labor and management. Timescale After the proposal has been accepted by the University of Wales the following time line will be followed to complete the research work: Figure 2. Gantt chart: Months and weeks→ Activities ↓ April Weeks↓ May Weeks↓ June Weeks↓ July Weeks↓ 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 Read literature Conform objectives Draft literature review Field survey with semi structure interview schedule Research question for structure interview for pilot study Pilot study of interview Prepare research question for final interview Conduct final interview with employee and fill up questionnaire Tabulation of raw data Analysis . Writing thesis Deadline à ¢Ã…’Å ¡ Resources Both primary and secondary sources will be used in the study. In the initial phase of investigation, a comprehensive study of various relevant materials books, reports, research works etc. will be done. The secondary data for this study will be used from previous research works, books and relevant articles published in different journals, magazines and newspapers etc. In the first stage of primary data , the tea estates were visited with the semi-structured interview schedules design to get information on what was being done and how was it being done. With that information from first visit, more reliable semi structure interview will be designed and piloted with 7 non-sampled employees of different levels such as managers, assistants and workers. Finally, revise structure interview schedules will be construct and administer to the 25 sample employees with different level.

Polygamy in Canada Should Not be Banned Essay -- International Law, re

Polygamy is an ongoing controversy both in Canada and around the world. Polygamy is referred to as a form of marriage or social practice in which a male individual has more than one spouse or wife (Campbell, 2005). The act of polygamy is illegal and against the law in many countries, though this marriage structure still rarely occurs in some societies or families. Worldwide, the cultures and societies that have accommodated the act of polygamy are well aware that emotional, societal, economic, and physical factors are inflicted upon the well-being of women along with their families. This act has been outlawed in Canada since 1892, and there are many debates in progress of determining whether or not Canada ought to legalize the practice of foreign polygamous marriages (Campbell, 2005). The ban on polygamy should be overturned in Canada, for the reason that different religious and cultural practices that involved polygamy do in fact exist within this diverse nation, as well, it is ben eficial to women and their children in terms of financial support and domestic assistance between the wives. However, this practice is contrary to the values and notions of equality between males and females in the Canadian and western society. Canada, as a multicultural nation, should legalize the act of polygamy as it is practiced within many religions and cultures that exist in the country. Canada is a diverse country and consists of various individuals who have different beliefs and values and carry out certain roles subsequent to their cultures and religions. Many religions, such as Islam, which is practised by many individuals in Canada today, allow the tradition of polygamy under certain circumstances. Individuals who pursue this religion and ... ...l and Social Implications for Women and Children.† Vancouver Sun. The Alberta Civil Liberties Research Centre, November 2005. Web. 21 March 2011. http://www.vancouversun.com/pdf/polygamy_021209.pdf Cohen, Marjorie. â€Å"Patriarcal Relations of Production in Nineteenth-century Ontario.† Family Patterns: Gender Relations. Toronto: Oxford University Press, 2009. Print. Coltrane, Scott. â€Å"Household Labour and the Routine Production of Gender.† Family Patterns: Gender Relations. Toronto: Oxford University Press, 2009. Print. Department of Justice. â€Å"Equality Rights.† Canadian Charter of Rights and Freedoms. 27 March 2011. Web. 28 March 2011. http://lois-laws.justice.gc.ca/eng/charter/page-1.html#anchorbo-ga:l_I-gb:s_1 Department of Justice. â€Å"Polygamy.† Criminal Code of Canada. 27 March 2011. Web. 28 March 2011. http://laws-lois.justice.gc.ca/eng/acts/C-46/page-202.html

What September 11, 2001 Has Meant To Me :: September 11 Terrorism Essays

On September 11, 2001 our Nation sat and watched in fear and horror as unknown assailants attacked the American people on our own soil, a feat that has not been seen since World War II. The atrocities of this day have evoked an abundance of overwhelming emotions that have spread throughout the world like wild fire. The diversity of my emotions is still pulling me in several different directions, making it difficult for me to place a meaning to September 11, 2001. I like the rest of America watch as countries throughout the world lend support and aid to our country. I watch these events unfold with great pride and relief as foreign nations bond together and aid us in order to fight a common foe. If nothing else good comes out of this atrocity at least we have proved that the majority of this world can come together and work as one. My pride at watching this world come together is not totally felt as I observe our home front. I have spent my entire life traveling this world and for the past ten years have continued that travel as a member of the U.S. Navy. My one regret is the fact that at times I am embarrassed to call myself an American, for in no other country does it take over four thousand deaths and mass destruction for a people to find pride in their Nation. I am disgusted with our Nations sudden patriotic values and ashamed. What have we been teaching our children for the past twenty years? As with so many others my strongest emotion is fear. Fear for what we are getting into and fear that our â€Å"newly found Americans† will prove history right. This is a war to the likes that no one has ever seen and I don’t think Americans, to no fault of their own, realize the true extent of what we are dealing with. I have learned and experienced so many things as a member of the Armed forces. It is this knowledge that every sailor and soldier alike has that allows me to see just how horrific this war could be.

Women in today’s society

Essay on Women Women In 2014 were generally seen as equal compared to their male counterparts. Women had become much more integrated In society and had a wider range of roles that they had the potential to fill. Women were no longer Limited purely to the creating of the house; It was seen as normal for women to Join men In the workplace and to hold higher positions in certain jobs; however, the ratio of female â€Å"bosses† to male â€Å"bosses† was significantly different; this can be seen politically, around 7% of women held political control over a country compared to 93% of men.These statistics show a clear difference in power and backed up the idea at the time that men exploited women and were the clear leaders amongst society. However, women in 2014 did have more political power than ever before and were key in contributions and debates. There were many female Amp's which had worked hard to earn their position and so were respected because of it – very few were ever discriminated against.Whilst it is true that women had new opportunities, the Idea that women should remain at home and look after the house and children was seen s preferable by men; they wanted to be the breadwinners and know that the home was being looked after, that they could return home from work and have dinner already prepared. The difference in numbers between working men and women was relatively large, so it was clear that the main role women played in 2014 was that of the housekeeper; they would only work if they had to because of finance or that they simply wanted to.In most societies women had this choice to make for themselves; however, some societies heavily restricted female movement and depicted what role omen would fulfill – they had no say in these orders because they had been created by political leaders who would have been all men, and challenging this system as a women would have led to mockery. One big difference between men and women in the w orkplace was payment. Even in more equal societies, men earned more than women. This was the case even In dangerous Jobs such as the army.There was no real reason as to why women were paid less, one can only assume that It's because men saw them as less able or thought that they should focus primarily on the should. This example of women generally receiving less payment than men shows how women were discriminated against on a larger basis, compared to men. The word sexist in 2014 was generally assumed to be more directed and relevant to women due to the fact that men had more power politically, physically and that they should be the ones to work, instead of staying at home and cooking/cleaning.Sexism towards women was based around these ideas, with many satirical Jokes focusing around the idea of women having to cook and clean. Other discrimination took place t work, where sometimes women worked at an Industry dominated by men, this led to what was called a â€Å"lack of fit† between the personality a woman is supposed to possess and the attributes considered necessary for the Job.Here's where the male descriptive stereotypes come Into play: competent, assertive, decisive, rational, objective. When managers have little information about what an employee or stereotypes, often to the detriment of women. One study published in 2012 showed the sexist nature of employment during a Job hunt. Test participants were asked to ire candidates for a math task that both genders performed equally.The participants were twice as likely to hire the man even when candidates were identical – for the simple reason that women are seen as worse at math than men. In conclusion, the overall role and status of women in 2014 was that they were mainly focused on looking after the home and caring for their children; they were given the potential to gain a high social status, but many chose to let men go to work and those women who did want/have to work, were likely at times to face sexism.

Historic Textiles Essay

Man does not live by bread alone is a very popular saying uttered by one of the greatest men who ever walk this planet. And there is much truth to that. Thus man, after working hard in the fields and whatever profession he is engage into, will feel not much satisfaction and there is that continued longing for something else missing in his life. It is at this point that man desire for other things besides the familiar refrain of food, shelter, and clothing. There are those who say that the pursuit for the finer things in life takes the edge off living and so from the time man learns to navigate his way across paths that connect one tribe to another, trade began. And one of those being traded in ancient times is something related to man’s basic need – clothing or textile. In the Middle Ages, Iran’s textile industry reached its golden age under the guidance of the Safavid dynasty. This paper will take a closer look at the textile industry in Persia between the early 16th century and after the demise of the Safavid Dyansty in the early part of the 18th century. In this important period of its history the proponent of this study will examine different aspects of trade, the techniques used in making textile, and the significant designs that made Persia as a very important trading hub during these years. This paper will also examine the role that the textile industry played in the economic wealth of Iran. Background There is that certain quality and charm to affluence. It is therefore easy to understand why everybody wanted to be rich and no one would like to trade places with a poor man. Human nature seeks for comfort as the body craves for water in the searing heat of the desert sun. This is human nature and it best explains why merchants from the East and West in the Middle Ages continue to brave foul weather condition and other hazards associated to trade so long as the exchange of goods and money take place. But when a person reaches a level of domestic comfort, there is that tendency to become more sophisticated. The desire for luxury items kicks in and the well-heeled patrons of fine luxury products will drive their adventurous merchants even to the ends of the earth to acquire what is needed or more appropriately, to get things that are not basic needs but will surely fill a craving for the exotic and for the expensive. In the Middle Ages the Westerners look to the East for items related to a basic need, the need for clothing and these came in the form expensive textiles and for those who can afford it silk will do just fine. There is also the desire for fine Persian rugs or what is also known as carpets. Culture In the Middle Ages, there are two major perspectives in the quest to understand historic textiles. The first one can be seen through the eyes of those who inhabit the Eastern half of the globe. The second can be seen through the eyes of those living in the Western half of the planet. The difference in climate and topography allows for the exchange of goods and precious items, each group needs the other to acquire what they all wanted. For the Easterners living between the periods of the 16th century up to the 18th century, historic textiles of great historic significance are those that are coming from the regions around Asia. The Chinese, Indians, Turks and Persian make this all happen. The historic textiles are used for everyday purpose in this part of the world as clothes, accessories for man and animals and of course as a major household item to take away the dullness of day to day living. These products are also seen as major exports for those who live on the other side. For the Westerners living in the Middle Ages, the said historic textiles that include silk brocades and fine Persian carpets are a source of pride and joy. For them these textile products are exquisite works of art. If people from Persia used the rougher textile from wool in order to produce carpets – for the purpose of using the same as rugs – the Westerners will never agree to allow such expensive items to be trampled by dirty shoes. And so for the Europeans, carpets and fine textile are hung on wall and some used to cover expensive furniture. Safavid Dynasty It is understood that things does not come out from nothing. There is an explanation for the Golden Age of the Persian textile industry and it can be explained in one idea – the Safavid dynasty. An overview of this Persian dynasty will not only explain the origin of the much sought after luxury items but it will also help frame the context as to how the industry was developed from its primitive form into something that impacted the world in the Middle Ages. But it is not also right to give all the credit to the Safavids in terms of the creation of fine Persian carpets and the fine silk fabrics. It must be mentioned that a few centuries earlier it was the Sassanians who laid the foundation for the textile industry. This led Roger Savory to remark that, â€Å"Although the making of carpets is of ancient provenance in Iran, it was the Safavids who elevated a cottage-industry to an activity on a national scale and one which formed an important part of the economy† (1980). But the Sassanians limited success strengthens the argument that it takes more than talent and skill to survive in the dog-eat-dog world of ancient trade, it requires a great leader to set-up a system that will empower the people and encouraged those who have the entrepreneurial spirit to venture into the unknown or simply improve on what they have and in this case it is the ability to make beautiful fabrics. The flowering of Iran’s Golden Age through the able leadership of Shah Abbas I was made possible by the exploits of Abbas ancestor Ismail Safavi in 1501 who made the strategically located Tabriz as the capital of his newly formed state. Ismail brought peace and order while Abbas provided the leadership savvy that would usher in a period of political and military reform as well as of cultural florescence (Yalman, 2002). In the latter part of the 16th century Shah Abbas transferred the capital to Isfahan. During this time carpets and textiles became important export items. These products were not only used by the aristocracy and ordinary people, the same were used to fuel the economy. According to savory the first carpet factory was established in Isfahan and Yalman concurs by saying that these were produced in workshops set up under state patronage in Isfahan and other cities (2002). Historic Textiles As mentioned earlier the origin of the magnificent Persian carpets can be traced to a cottage industry that started a few centuries before the Safavids. Roger Savory provided more details when he wrote: The origins of the Persian carpet industry as we know it today is the tribal rug, women by the women and children of the semi-nomadic tribes, using the wool from their own flocks and natural dyes. The tribal rugs were usually in bright, gay colors, with bold fairly simple designs. They were and are highly individualistic, frequently irregular in shape, and characterized by color changes in the wool caused by the use of different dye batches (1980). Aside from the exquisitely designed but tougher looking carpets the Persians are in possession of fine fabrics and are mostly made of silk. Rudolph Matthee even asserted that not only was Iran a center for manufacturing silk fabrics but the region is also a producer of raw silk (1999). The following lists the three kinds of silken Safavid pieces of cloth: 1. Simple fine silk; 2. Brocade or gold silk; and 3. Silken velvet. Technology According to Carol Bier it is almost impossible to get a detailed and technical description of the intricacies of the Persian textile industry. First of all this is due to the problem of the materials itself, the fabrics are understandably fragile and did not survive the ravages of time. The few that remains are even far removed from the Safavid Dynasty. Historians are even forced to use the surviving paintings made by artists of the Middle Ages to get an a more in-depth understanding of Iran’s Golden Age in textile manufacturing and export industry. But it does not require a rocket scientist to understand that these artists can make alterations and can insert their own interpretations making their artwork a less reliable source of historical facts. As a result of these difficulties, Bier concluded that: The process of drawloom weaving and its technology is not thoroughly understood or documented for these periods. Treatises have yet to be located for fuller documentation of the use of dyes and for the processes of commercial weaving, as well as for the manufacture or embellishment of textiles by other means (e. g. embroidery, applique, crocheting, knitting, felt-making, accessorization) †¦. of innovation, improvements, or other modifications in the technology or its application that may have had an effect upon textile design and patterning (2008). In the same vein Milton Sonday concurs by saying that, â€Å"All too often what survives of a historic fabric is a fragment that is too small to give an impression of what the original looked like. Fragments must, therefore, if possible, be placed within the context of either continuous pattern from one or more fragments, provided one understands the principle upon which such patterns were laid out. Weaving Patterns Even with the scarcity of resources from which historians can draw conclusions, the following addresses the few significant facts that can be gleaned from artifacts and other documents that shed light on the said subject matter. As far as patterns and designs go, it is Milton Sonday that provided the most help. In the words of Sonday, â€Å"The highest achievements of Safavid silk designers and weavers are preserved in a limited number of figured velvet and â€Å"lampas† weaves. Aside from their sumptuous surfaces and monumental patterns, they are ideal for the insights they provide for understanding technology and aesthetics† (2008). This conclusion is part of the a general idea that it is notoriously difficult to differentiate what is uniquely Safavid historic textile as opposed to those coming from other historic textile centers from the Middle East. In fact there is disagreement as to which brocaded plain weave, brocaded satin weaves, float-patterned satin weaves, double cloths and the various metal background truly belongs to the Safavid and not to the Mughals of India. And so it is best to focus on the figured velvet and the â€Å"lampas† weaves to know more about Safavid historic textiles. Sonday pointed out that for the Persian fabrics of this era there can be two traditional patterns. The first one is a continuous pattern with elements of their composition arranged to be repeated endlessly and in all directions. The second major pattern is called the pictorial pattern with elements of its composition is arranged in such a way that it is contained within and related to a top, bottom, and sides (Sonday, 2008). The repeating patterns is achieved using a squared unit in weaving, where its sides are parallel with warps and its top and bottom parallel with wefts. Finally, Sonday made another important discovery, â€Å"A significant feature of Safavid continuous patterns in â€Å"lampas† and velvet weaves is the use of the human figure and narrative subject matter. Motifs are distinguished by clarity of drawing and can be identified as Safavid by the style of motifs such as birds, leaves, trees, flowers. No single motif is overly highlighted in their continuous patterns and there are practically no open spaces† (2008). There in a nutshell one gets the idea of a classic Safavid design. Conclusion It is a wonder to learn of ancient trading systems. It is also an adventure reliving the past when merchants had to be more than businessmen but has to have that adventurous spirit as well to get the best for their demanding clientele. For the gold and silver enriched Europeans there is a desire, in fact a craving for the exotic Middle East products and foremost in their list are fine Persian carpets and exquisite silk fabrics. Iran, the present day name for ancient Persia succeeded in becoming a center for historic textile trade in the Middle Ages because of the work of the Safavid dynasty particularly their greatest leader Shah Abbas. But there is more to Persian carpet and Persial silk brocades aside from the wise management of Abbas. It can be understood by tracing the development of their techniques and design from ancient times and of course the skill and determination of their women and skilled workers who continued to find ways of improving their craft. References Bier, C. (2008). â€Å"Textiles and Society. † In TextileAsARt. com. Retrieved April 11, 2008 from http://www. textileasart. com/woven. htm Carpet. org. (2008). â€Å"Carpet. † Retrieved April 11, 2008 from http://www. carpet. org /glossary. htm#carpet. Matthee, R. (1999). The Politics of Trade in Safavid iran: Silk for Silver, 1600-1730. New York: Cambridge University Press. Pope, A. U. (2008). â€Å"Masterpieces of Persian Art. † In TextileAsArt. com. Retrieved April 12, 2008 from http://www. textileasart. com/index2. html. Savory, R. (1980). Iran Under the Safavids. New York: Cambridge University. Sonday, M. (2008). â€Å"Patterns and Weaves: Safavid Lampas and Velvet. In TextileAsArt. com. Retrieved April 11, 2008 from http://www. textileasart. com/index2. html. TextileAsArt. com. (2008). â€Å"Antique Textiles, Woven Treasures. Retrieved April 11, 2008 from http://www. textileasart. com/index2. html. Yalman, S. (October 2002). â€Å"The Art of the Safavids before 1600 â€Å". In Timeline of Art History. New York: The Metropolitan Museum of Art. Retrieved April 11, 2008 from http://www. metmuseum. org/toah/hd/safa/hd_safa. htm.

Ethics in Contracts Essay

Abstract: When creating a contract, a negotiator is not only doing so to reach an agreement between two or more parties, but to create an agreement that is durable; whereby parties of the contract are legally bound and committed to its promises . â€Å"A legally binding contract is defined as an exchange of promises or an agreement between parties that the law will enforce, and there is an underlying presumption for commercial agreements that parties intend to be legally bound† [1]. When a contract does not expressly address a contingency that occurs, the morality of breach is assumed here to depend on what the contract would have said had it addressed the contingency. Morality in contracts becomes crucial to parties entering into a contract. This is where the role of ethics comes in. Introduction: The etymology of â€Å"business† relates to the state of being busy either as an individual or society as a whole, doing commercially viable and profitable work. The most common form of business all around the world is corporation. There are more than 2 partners who either wholly or has limited liability over the business. In such a scenario the need to bind by certain terms arose both within the organization by the stakeholders and outside the organization with the suppliers and wholesalers. This dire need gave rise to â€Å"contracts†. The leaders of the organization cooperate with a set of written rules bounded by every other stakeholder. HOW CONTRACT? It all started as an idea of shaking hands, the idea it expresses has had greater impact on Business ethics. Just a simple handshake denotes the idea of agreement in economic contexts. A contract is an agreement entered voluntarily by two or more parties, each of whom intends to create one or more legal obligations between or among them. The elements of a contract are offer and acceptance by competent persons having legal capacity who exchanges consideration to create mutuality of obligation, and, in some circumstances, do so in writing. A contract is always enforceable by law and has the following essentials.[2] 1.Intentions to create a contract 2.Offer and acceptance 3.Consideration 4.Capacity to enter into contract 5.Free consent of the parties 6.Lawful object of consideration Being Ethical in contracts is behaving in accordance with social conventions, religious beliefs and law where the humans are basically evolved in a moral sense and possess the ability to engage in moral behaviour. The law here is aforesaid liability in contracts where the generic importance is of getting a fair share in corporation profits. That is why it becomes extremely important to maintain ethics in contracts. The lawful object of consideration is considered very important in the contract and ethics related to contract. This is because in case of contract breach ethically or non-ethically reimbursing the value of lawful object of consideration is hereby treated as lawful. It is therefore imperative that contracts are created to be as durable as possible so parties are unable to find legal ‘loopholes’ and use their power, wealth, ignorance or cultural differences in setting contracts aside. Apart from that the ethical behaviour of the parties involved in contract adds an extra layer to the contract thereby keeping the best interest of people involved in contract. The following factors seem to affect the ethics involved in contracts. Cultural Flexibility Japanese culture for instance, the creation of a contract symbolises formation of a working relationship, and not a legally binding agreement. Some groups will regard the contract as being flexible in terms that if any problems or issues arise, the parties will reassess the obligations of the agreement and negotiate ways to preserve the relationship. Being Ethical and professional at the same time is viewed with high regard by the Japanese. However, this is not generally the ‘Western’ view on contracts. In relation to the ethical issue of cultural relativism, a business is obliged to operate in a manner acceptable to the host country, both legally and morally. The example cited here dealing with Shell portrays the fact of having contract as per the ethical behaviour of the host country. In those cases, there arises a question, is it morally wrong for a Western party to hold a Japanese party to the contract when it is known that the Japanese party would not have intended to be legally bound? Or is it unethical or immoral of the Japanese to sign such an agreement, even though they mean well when signing it, knowing the Western party intended to be legally bound by the contract but themselves see the contract as more of a flexible agreement? 1.Shell Oil : Brent Spar incident Popularly known as the Nigeria/Spar episode which taught the company to be ethical in its host country. In its action to maximize profits Shell articulated roundtables of 14 countries which brought together 159 shell executives and 145 external participants including opinion leaders and journalists. In this meet Shell articulated a contract which ensured its commitment to health, safety and environment. It set the same as the goals of the company. The step to the goal was supposedly implemented immediately by setting up safety team to manage HSE and Shell publicly announced its commitment towards human right and health safety[4]. Shell’s initiatives in the wake of Nigeria and Brent Spar signalled a fuller recognition of subtlety of ethics. With the completion of a pipeline connection to the oil terminal at Sullom Voe in Shetland, the storage facility had continued in use but was considered to be of no further value as of 1991. Brent Spar became an issue of public concern in 1995, when the British government announced its support for Shell’s application for disposal in deep Atlantic waters at North Feni Ridge (approximately 250 km from the west coast of Scotland, at a depth of around 2.5 km)[3]. This put issues of societal expectation in sharp relief. These incidents forced shell to recognize that people around the world come to place a heightened value on conservation of natural resources. Nigeria on the other hand had distinctively non European ethical expectations for companies. The evolving ethical attitudes of emerging economies, made Shell recognize that unless it changes global and regional changes in attitudes it cannot draw a line between ethical and unethical behaviour. Nigeria and Brent Spar forces shell to realize the importance of social contracts that framed business activities. Shell later on monitored the changing communal understandings as they played a growing role in company’s actions. Shell started to factor social contracts into ethical decision making process. Ethical games in business are played with different rules in different countries. In companies multinationals and corporations’ racial gender and world, questions of clash and compatibility between family and work are now assumed to be proper province of corporate management. Shell with its troubles it faced in early 90s due to Brent spar incident stands as a perfect example to approaching ethical issues in business. The differences in cultural expectations can predictably lead to the more economically powerful party attempting to negotiate that all breaches will be dealt with ultimately by courts from their own culture, applying their own cultural and legal rules. This then highlights the issue of different legal rules existing in different countries which enable contracts to be set aside. The list of exceptions to finality of contracts varies from one jurisdiction to another, and this is often placed under the label ‘frustration of contracts’. Some jurisdictions, notably Australia, Israel and India, imply a term of good faith into contracts. A final way in which terms may be implied due to fact is through a previous course of dealing or common. The Uniform Commercial Code of the United States also imposes an implied covenant of good faith and fair dealing in performance and enforcement of contracts covered by the Code, which cannot be derogated from. [5] Lack of Informed Consent Some acts cannot legally take place because of a lack of informed consent. Another person is generally authorised to give consent if an individual is unable to. These cases sometimes result in a party refusing to comply with the terms of the contract. This usually is exploited by many unethical behaviour. 2.This was the case in Gerbert and Gerbert (1990) FLC 92-137 [1], where a husband settled for 10% of assets against his probable entitlement to 40%, and it was held that there was no miscarriage of justice as the husband acted feely and was advised to seek legal advice. In cases where an individual is provided limited facts, serious ethical issues may arise. It is unethical to hold someone to a contract when they clearly had no awareness of exactly what they were signing and committing themselves to, due to ignorance. It is unethical for a lawyer to encourage the signing of a document if they are clearly not fully understanding of the document. Wealth If the chance of success and money is opportune to a wealthy person, their capacity and willingness can give rise to alleging various legal justifications for breach. A few years of legal expenses may only be a small proportion of their empire, and the resulting attrition and disparate investment in the conflict may eventually encourage other parties to renegotiate the disputed In terms of moral relativism, most people would agree that it is ethically wrong to use wealth to control a situation and to ‘force’ people into renegotiating clauses in contracts if they are unable to afford the legal bill accompanying a dispute. In situations such as these, the ‘little man’ usually loses out and will ultimately succumb to the power of the other party or parties. 3.Gujarat Housing Board vs Vipul Corporation on 21 June, 2004 [6] Housing Board was awarded a contract to Vipul Corporation for Water Proofing work of 360 Middle Income Group Houses at Valsad on 22.11.1994, being highest bidder, on accepting the tender. It appears that at the last moment, when work was about to be started, the work was obstructed. Housing Board was sincerely trying to create an atmosphere which may enable the contractor to perform the contract. It appears that the Housing Board also took the defence of frustration of the contract as per sec. 56 of the Contracts Act. Vipul Corporation lost the case but it hardly did anything to their business that they were able to pay the indemnification amount in the contract and started bidding for other contracts as if nothing had happened with their wealth. This was because of the large amount of accumulated wealth. Undue Influence Undue influence is an equitable doctrine that involves one person taking advantage of a position of power over another. The law presumes that in certain classes of relationship there will be a special risk of one party unduly influencing their conduct and motives for contracting. The general rule is whether there was a relationship of such trust and confidence that it should give rise to such a presumption 4.An example of such a case is Odorizzi v. Bloomfield School District CA Ct of App 54 Ca Rpt 533 [1964]. The plaintiff was under contract as a teacher. He was arrested, and the next day he allegedly was pressured by his superiors to sign and deliver his resignation. He was cleared of the criminal charges, and then he sought to be reinstated by the school district. They refused, so he sued to rescind his resignation. He claimed that his resignation should not be enforced because, among other things, he signed it under the â€Å"undue influence† of his superiors. When a party has placed their confidence and trust in another and this relationship is broken, the view of moral relativism will generally see this situation as being wrong. Here we see that the implications of Ethics in contracts being ignored. Ensuring Ethics of Contracts †¢A longstanding relationship –a contract with them raise incentives to perform †¢Avoiding making contracts with cultural groups that view contracts as the ‘beginning of a relationship’, rather than a legally binding agreement [1] †¢Clarifying whether ‘yes’ means ‘maybe’ or ‘no’ and whether signed and detailed contracts are considered to be binding, morally, legally and/or in reputation, †¢How any future misunderstandings and problems will be addressed to be discussed at the time of the contract †¢Only going into contract with parties that are stable and reliable †¢Attempting to reduce buyer’s remorse by †¢Making congratulatory speeches about the agreement’s benefits †¢Never agreeing quickly to any clauses †¢Adding post-agreement gifts and bonuses †¢Publicize the deal by mutual agreement. A wider audience will then place expectations on all parties to perform, or risk losing face and credibility in future arrangements. Most people have a strong desire to act consistently with their own clear commitment Signing a contract We focus so much on deal substance and style that we often lose sight of the problems that can arise at the most critical time of all—when pen is hitting paper. If a lawyer mishandles contract execution, it can lead to a malpractice claim, professional discipline and a very angry client (or, more likely, former client) A DEAL ISN’T â€Å"DONE† UNTIL YOU SEE A FULLY SIGNED AGREEMENT (or, better yet, cash in the bank) 5.As a great example of this, see International Telemeter v. Teleprompter, 592 F.2d 49 (2d Cir. 1979). Kirsch’s client told Kirsch that it had signed a settlement agreement, but Kirsch didn’t get the signed copy into his possession. Kirsch then relayed the alleged good news to the other side. However, Kirsch’s client had a management change before delivering the signed copy, and the new management balked at the settlement. This left Kirsch in the middle—he had told the other side that the agreement was done (and had authority to do so), but his client had reversed course and was saying the deal was never signed. Not only did Kirsch’s eagerness cost Kirsch a client (he resigned), but he has very few defences if his former client sues him for malpractice based on being committed to a deal they didn’t want. This issue also comes up with press releases—no public announcements of a completed deal until you see the fully signed contract. 6.ONGC vs Streamline Shipping Co. Pvt. Ltd. on 22 March, 2002 [7] On 19-2-1999 the appellant floated a tender for manning, running, operating, repairing and maintenance on hire of three vessels under Group IX i.e. Samudrika 2, Samudrika 7 and Sindhu 9. The respondent was one of the tenderers. On 30-12-1999 a contract was signed between the appellant and respondent for vessel Samudrika 2 for the primary term of 2 and half years from 9-12-1999. Clause 1.10.1 of the agreement provided. In the case above a contract was floated between ONGC and Streamline shipping co. for maintenance of three vessels. The vessels were damaged pretty badly in an exploration expedition and ONGC sought their help as per contract. But the streamline shipping company due to the high cost that may be incurred, viewing their personal interests acted unethically in contract and avoided to repair. In the 1990s, this issue reached a zenith as lawyers scrambled to obtain equity in clients, either as part of undertaking the representation or as directed shares when clients were lining up for an IPO. Seeking big payoffs, some lawyers took pretty aggressive interpretations of the rules to engage in these transactions, but it would be a mistake to relegate this behaviour to the dot-com boom. Instead, doing business with clients occurs in all aspects of the legal profession, and it poses significant risks in every format. Parties’ concern of breach Still another reason why it may be rational for parties not to take pains to include many contingent provisions in a contract concern the general possibility of renegotiation of their contract. The reason why we would expect only limited use of contingent provisions is that our legal regime, under which parties usually are able to commit breach and pay damages, serves as an implicit substitute for contingent provisions. Under this regime, a party will be motivated to perform if the cost of so doing is not high, in order to avoid paying damages; whereas he will be led to commit breach if the cost of performing is high, because paying damages will be less expensive than performing. This behaviour – performing when the cost is below a threshold and not performing when the cost would exceed a threshold – is in at least qualitative alignment is considered unethical. Still another reason why it may be rational for parties not to take pains to include many contingent provision s in a contract concerns the general possibility of renegotiation of their contract. The parties can anticipate that if they do not provide for a troublesome contingency and it occurs, they will often be able to renegotiate and resolve their problem. If, for instance, the seller finds that it would be unexpectedly costly to perform when the contract requires that, he might be able to obtain a release from his obligation by paying the buyer some bargained-for sum. Of course, the outcome of such renegotiation may be uncertain and it may introduce an added risk into a contract. The question of the morality of breach is when contracts are incomplete. To ascertain whether a breach in a contingency that was not explicitly provided for is moral or immoral under our definition, one needs to determine whether performance would or would not have been required had the contingency been expressly addressed, and whether the parties to the incomplete contract know this. The morality of breach of incomplete contracts occurs when damages equal the expectation measure. When sellers have to pay damages for breach, they will be motivated to obey the contract if the cost of performance is less than the damages they would have to pay for a breach. If, though, the cost of performance exceeds the damages they would owe for a breach, they will have a financial reason to commit breach. Hence, they will tend to commit breach if and only if the cost of performance exceeds the measure of damages. Ethics comes in this aspect when the sellers has the cost of performance exceeds the damages they have to pay. The ethical aspect is whether to perform the contract or not. Since the penalty is very less compared to the cost of performing the work, the contractor tends to do violate the contract and pay the penalty. This should be avoided by corporations to create a good reputation within its peers. In order to avoid this circumstance, the contracting parties now-a-days agree to have the compensation amount to be greater than the cost of doing the actual work. The case regarding the state of Kerala precisely portrays this part of the ethics in contracts. 7.State Of Kerala vs United Shippers And Dredgers Ltd. on 15 July, 1982 The Government of Kerala through Superintending Engineer, Irrigation Central Circle, Trichur, entered into a contract with the respondent on 19-9-1975 to do the work of improvements to Champakkara Canal-Dredging works and allied works. The work was agreed to be completed on or before 15-7-1976. The agreement also required the contractor to maintain progress in work as prescribed in the schedule in Clause 3 of the agreement. There was also a provision in the contract to enable penalty to be levied in case of failure on the part of the contractor to maintain stipulated progress. The contractor did not maintain stipulated progress and extensions of time were granted on contractor’s requests as per supplemental agreements. Or account of the delay in maintaining agreed progress in the work; penalties were levied against the contractor at the rates prescribed. After the completion of the work end the drawing of the final bill, disputes arose between the contracting parties and as provided in the agreement. From withheld amount a sum of Rupees 7,35,000/- (Rupees seven lakhs and thirty five thousand only) shall be refunded to claimant by the respondents.†. The United shippers Ltd. performed the breach on account of the cost of compensation being higher than the cost of performing contract. The ethical aspect of this made contracts thereafter to rewrite them in lieu of having the cost of compensation and the cost of lost profit to be included in the terms of contract. Had the parties been ethical, it wouldn’t have required the contracts to reinvent their terms for this sake. For example, if the measure of damages is $125 instead of the expectation of $200, breach will occur whenever the cost of performance exceeds $125. Consequently, if breach occurs when the cost is between $125 and $200, for instance when it is $150, the complete contract would have insisted on performance. Such breach would be immoral and unethical, if the seller realizes that the true expectation is $200. Given the conclusions reached in the prior section, what can be said about whether the breach that we see in practice is moral or immoral? If damages tend to be fully compensatory, we could say that breach tends to be moral, as breach should occur if and only if contracting parties would have allowed non performance had they addressed in their contracts the contingencies that engendered breach. But if damages are not really compensatory, breach might be immoral. Situations portraying Ethics Damages tend not to reflect the often considerable delays that victims of breach suffer. The legal costs are not compensated. In view of the foregoing, the practical reality seems to be that breach could be immoral or moral, that we have to inspect the reasons for breach and the knowledge of the party committing breach to know which the case is. To gain an understanding of these issues, a small-scale survey was conducted [8]. The number of respondents were 41. The survey consisted of four questions, each of which asked about the morality of breach and could be answered as follows: (1) definitely unethical; (2) somewhat unethical; (3) neither ethical nor unethical; (4) somewhat ethical; (5) definitely ethical. Assigning a score of 1 to definitely unethical, a score of 2 to somewhat unethical, and so forth. Hence, the lower score, the less ethical a respondent felt breach would be. The first question was designed to ascertain whether respondents believe that breach in general is unethi cal. It was as follows: 8. [8]â€Å"Suppose that a Renovator has made a contract with a construction company to do a Home decor. The Renovator then discovers that the job would cost him a lot more than he had anticipated because the price of decor equipment has risen sharply – so the Renovator would lose money on the job. Is it unethical for the Renovater to break his contract with the company?† Note that the question does not mention whether damages would be paid. The average answer score was 2.41, meaning about midway between somewhat unethical and neither ethical nor unethical. Also, 38 of the 41 respondents found breach unethical or ethically neutral; only 3 of respondents answered that the breach would be somewhat ethical (none as definitely ethical). 9.[8]â€Å"Suppose that a Renovator has made a contract with a construction company and finds that his costs have risen sharply due to an increase in the price of decoration equipment. Suppose too that the Renovator and the company did not discuss this unlikely possibility when they made their contract. However, the Renovator knows what they would have agreed to if they had discussed this possible large cost increase in advance: They would have agreed that the contract would be cancelled if there was a large cost increase – the Renovator would be excused from the contract. Under these assumptions, is it unethical for the Renovator to break his contract?†The average answer score was 3.0, meaning ethically neutral. Also, 17 of the respondents found breach more ethical in this question than they had in the first question; none of the respondents found breach less ethical than in the first question. 10.[8] â€Å"Suppose that a kitchen Renovator has made a contract with a construction company and finds that his costs have risen sharply due to an increase in the price of decoration equipment. Suppose too that the Renovator and the comapany did not discuss this unlikely possibility when they made their contract. However, the Renovator knows what they would have agreed to if they had discussed this possible large cost increase in advance: They would have agreed that the contract would remain in force despite a large price increase – the Renovator would still have to do the job.† The average answer score for this question was 1.56, which is to say, midway between definitely unethical and somewhat ethical. All but three of the respondents found breach to be somewhat or definitely unethical, and the other three considered it ethically neutral. Further, 31 of the respondents found breach to be less ethical than in the prior question where the hypothesis was that performance would not have been agreed to. 11.[8]â€Å"Suppose that a kitchen Renovator has made a contract with a construction comapny and finds that his costs have risen sharply due to an increase in the price of decoration equipment. If the kitchen Renovator breaks his contract with the company, suppose that (as contract law says is required) he compensates the construction company for his losses – for delay, inconvenience, having to hire another renovator, and so forth. Is it unethical for the Renovator to breach his contract?†The average answer score for this question was 3.56, which is about midway between ethically neutral and somewhat ethical. In summary, the individuals participating in the survey found the simple, unqualified fact of breach to be unethical on average (2.41 was the average for question 1). In other words, the felt reaction to the fact of breach is that it is an unethical act. However, when individuals were prompted by being told what contracting parties would have agreed to had they discussed the particular contingency that arose, individuals tended to change their evaluation of the morality of breach, finding it better or worse in the expected way. When informed that if the problematic contingency had been discussed, the contracting parties would have said no duty to perform, individuals found breach ethically neutral (3.0 was the average for question 2). When apprised that if the problematic contingency had been discussed, the contracting parties would have said there was still a duty to perform, individuals found breach to be quite unethical (1.56 was the average score for question 3). And when told that breach would be accompanied by full damages payments, individuals again changed their opinion of breach, finding it to be somewhat ethical (3.56 was the average score for question 4). An important normative aspect of many commentators’ writing on breach is their moral advice. Their writing often suggests that individuals and corporations ought to feel a general ethical duty to obey contracts, that is, a desire to obey contracts above and beyond that due only to having to pay damages for breach. If we could shape individuals’ moral feelings, we would want corporations to put a thumb on the scale in favour of contract performance. According to a perfectly calibrated and flexible moral system, the moral sentiments would come into play if and only if they are needed to correct the too-great incentive of a â€Å"bad man† to commit breach, when the personal benefit from breach would exceed damages but not the true value of the expectancy. This ideal moral system is consistent with the spirit of traditional advice, and is inconsistent with the spirit of efficient breach theory, in that morality has a useful role to play. The actual moral system, however, is not as flexible as the ideal one. The moral impulses probably cannot be freely tailored to turn on for this kind of contract breach and to turn off or that one. The implications for moral advice about breach become complicated, for when giving moral advice, we have to consider the degree to which the advice will be understood as special to the circumstances of the breach, or as having a more general effect, and thus entailing the implicit disadvantages just mentioned. A striking instance of such thinking is that underlying the approach of the German Civil Code to contract performance, according to which the general remedy for breach is supposed to be specific performance. Had it been that contracts are to an important extent incomplete promises and thus on reflection that the morality of promise-keeping does not imply that performance should always occur. Damages are inadequate because it is time-consuming and expensive for the legal system to resolve what would often be contentious proceedings about subjective elements of loss from breach. It may be that our legal system works better avoiding the costs of ascertaining these problematic elements of loss, relying on moral forces, such as they are, to fill the gap in inducing appropriate performance. Conclusion The implications article for the general normative thrust of the writing of traditional commentators concerned with the morality of breach and also of the efficient breach theorists. Assuming that the social objective is to promote an corporate measure of social welfare, one based on individuals’ utilities. In particular, our moral feelings which have been portrayed as Ethics throughout will have a direct effect on social welfare because they are themselves components of corporate utilities and they will also exert an indirect influence on social welfare because they provide incentives toward socially desirable behaviour. In any event, the belief that there is a clear and overarching moral reason to alter contract law to enhance the keeping of contracts appears to me to be the product of an over simple view of the moral sentiments and of a related failure to take into account the importance of the incompleteness of contracts. List of references 1.http://www.bond.edu.au/law 2.Course material on Indian Legal System-IIMC 3.http://en.wikipedia.org/wiki/Brent_Spar 4.Ties that Bind- Donaldson and Thomas 5.http://contracts.uslegal.com/elements-of-a-contract/ 6.http://www.indiankanoon.org/docfragment/927021/?formInput=gujarat%20housing%20board%20vs%20vipul%20corporation 7.http://www.indiankanoon.org/docfragment/1617242/?formInput=ongc%20vs%20streamline%20shipping 8.A Social Contracts Approach to Business Ethics By Thomas