Tuesday, January 21, 2020
Computer Ethics Essay -- Ethics Morals Morality
Computer Ethics A Ten Commandments of Computer Ethics (see Appendix A) was first presented by Dr. Ramon C. Barquin's in his paper for the Computer Ethics Institute of the Brookings Institution entitled, "In Pursuit of a 'Ten Commandments' for Computer Ethics" in May of 1992. Computer ethics is about principles related to behavior and decisions made by computer professionals and users, including software engineers, operators, managers, policy makers, as well as educators and students. This means all these people involved should be supported with some "policies for ethical conduct" i.e. policies that guide their actions and increase adequacy of the decisions they make. (Szejko par. 1) With the rapid infusion of computers, software and related technologies into homes, schools and businesses, we initially focused our energies on learning about the technologies and how to use them. We now need to focus our attention on the ethical issues surrounding technology to insure that we and our children understand and practice values important to all of us; respect for others, their property, ownership, and the right to privacy. (Alden par. 4) There are various interpretations of the term "computer ethics." Computer ethics might be understood in one sense as the efforts of professional philosophers to apply traditional ethical theories and concepts to issues regarding the use of computer technology. However, it is possible to construe computer ethics in another sense to include standards of professional practice, codes of conduct, and aspects of computer law, public policy, and corporate ethics. Information technology has affected our home life, our business life, and our relationships with others. It has also affected us in regards to ... ... Respect For Your Fellow Humans. Works Cited Alden, Sally B. Myths and Misperceptions on Computer Ethics. 1990. Computer Learning Foundation. Retrieved 26 Jan. 2007 http://www.computerlearning.org/articles/respmyth.htm Barquin, Ramon. The Ten Commandments of Computer Ethics. 1992. Computer Ethics Institute. Retrieved 22 Jan. 2007 Davis, Michael. "Thinking like an Engineer: The Place of a Code of Ethics in the Practice of a Profession". Philosophy and Public Affairs 20.2 (1991): 150-167. Luegenbiehl, Heinz C. "Codes of Ethics and the Moral Education of Engineers", Business and Professional Ethics Journal 2 (1983): 41-61. Rpt. in Ethical Issues in Engineering . Ed. Deborah G. Johnson. Englewood Cliffs, NJ: Prentice-Hall, 1991. 137-154. Szejko, Stanislaw. Patterns of Ethical Behaviour and Decision Making. 2004. Ethicomp 2004. Retrieved 24 Jan. 2007
Monday, January 13, 2020
ââ¬ÅStructural and Semantic Properties of Phraseological Unitsââ¬Â
, ?. ?. : ââ¬Å"Structural and semantic properties of phraseological unitsâ⬠IV -48 : . ?. ?. ââ¬â 2011 Plan Introduction 1. Problems with the definition of phraseological units. The groups of phraseological units according their meaning 2. Ways of forming of phraseological units 3.Semantic structure of phraseological units Conclusions References Introduction Phraseological units, or idioms, as they are called by most western scholars, represent what can probably be described as the most picturesque, colourful and expressive part of the languageââ¬â¢s vocabulary. If synonyms can be figuratively referred to as the tints and colours of the vocabulary, then phraseology is a kind of picture gallery in which are collected vivid and amusing sketches of the nationââ¬â¢s customs, traditions and prejudices, recollections of its past history, scraps of folk songs and fairy-tales.Quotations from great poets are preserved here alongside the dubious pearls of philistine wisdom and crude slang witticisms, for phraseology is not only the most colourful but probably the most democratic area of vocabulary and draws its resources mostly from the very depths of popular speech. Our abstract is devoted to the problem of defining the phraseological units and to their structural and semantic features. We try to analyze the works of different scholars, which researched these questions and to systematize their conclusions. Problems with the definition of phraseological units.The groups of phraseological units according their meaning In modern linguistics, there is considerable confusion about the terminology associated with these word-groups. Most Russian and Ukrainian scholars use the term ââ¬Å"phraseological unitâ⬠, which was first introduced by Academician V. V. Vinogradov whose contribution to the theory of Russian phraseology cannot be overestimated. The term ââ¬Å"idiomâ⬠, widely used by western scholars, has comparativ ely recently found its way into Russian and Ukrainian phraseology but is applied mostly to only a certain type of phraseological unit as it will be clear from further explanations.There are some other terms denoting more or less the same linguistic phenomenon: set-phrases, phrases, fixed word-groups, collocations. The confusion in the terminology reflects insufficiency of positive or wholly reliable criteria by which phraseological units can be distinguished from ââ¬Å"freeâ⬠word-groups. It should be pointed out at once that the ââ¬Å"freedomâ⬠of free word-groups is relative and arbitrary. Nothing is entirely ââ¬Å"freeâ⬠in speech as its linear relationships are governed, restricted and regulated, on the one hand, by requirements of logic and common sense and, on the other, by the rules of grammar and combinability.One can speak of a black-eyed girl but not of a black-eyed table (unless in a piece of modernistic poetry where anything is possible). Also, to say t he child was glad is quite correct, but a glad child is wrong because in Modern English glad is attributively used only with a very limited number of nouns (e. g. glad news), and names of persons are not among them. Free word-groups are so called not because of any absolute freedom in using them but simply because they are each time built up anew in the speech process where as idioms are used as ready-made units with fixed and constant structures.So we can give the definition of each type of unit given above to use them correctly. First of all, set-phrases imply that the basic criterion of differentiation is stability of the lexical components and grammatical structure of word-groups. The term ââ¬Å"word-equivalentâ⬠stresses not only semantic but also functional inseparability of certain word-groups, their aptness to function in speech as single words. A collocation is two or more words that often go together. These combinations just sound ââ¬Å"rightâ⬠to native Englis h speakers, who use them all the time.On the other hand, other combinations may be unnatural and just sound ââ¬Å"wrongâ⬠. Look at these examples: the fast train ââ¬â the quick train; fast food ââ¬â quick food The term ââ¬Å"idiomsâ⬠generally implies that the essential feature of the linguistic units under consideration is idiomaticity or lack of motivation. Uriel Weinreich expresses his view that an idiom is a complex phrase, the meaning of which cannot be derived from the meanings of its elements. He developed a more truthful supposition, claiming that an idiom is a subset of a phraseological unit.Ray Jackendoff and Charles Fillmore offered a fairly broad definition of the idiom, which, in Fillmoreââ¬â¢s words, reads as follows: ââ¬Å"â⬠¦an idiomatic expression or construction is something a language user could fail to know while knowing everything else in the languageâ⬠. Chafe also lists four features of idioms that make them anomalies in the tra ditional language unit paradigm: ? non-compositionality; ? ansformational defectiveness; ? ungrammaticality; ? frequency asymmetry.Generally speaking, the term ââ¬Å"idiomâ⬠, both in our country and abroad, is mostly applied to phraseological units with completely transferred meanings, that is, to the ones in which the meaning of the whole unit does not correspond to the current meanings of the components. According to the type of meaning phraseological units may be classified into: (classification given by Ryzhkova) ? Idioms; ? Semi-idioms; ? Phraseomatic units. Idioms are phraseological units with a transferred meaning. They can be completely or partially transferred: red tape.Semi-idioms are phraseological units with two phraseosemantic meanings: terminological and transferred: chain reaction, to lay down the arms. Phraseomatic units are not transferred at all. Their meanings are literal: the begging of the end; pins and needles. As we can see there is no one specific defin ition for such phenomenon as phraseological units. Different scholars make their own suggestions, which are worth to be considered. Weââ¬â¢ve outlined the main of them which are necessary to know dealing with this problem in the process of studying of the English language.Ways of forming of phraseological units As we deal with the structure of phraseological units itââ¬â¢s necessary to pay attention to the classification given by A. V. Koonin. He distinguishes the groups of phraseological units according to the way they are formed. Primary ways of forming phraseological units are those when a unit is formed on the basis of a free word-group: a) Most productive in Modern English is the formation of phraseological units by means of transferring the meaning of terminological word-groups, e. . in cosmic technique we can point out the following phrases: ââ¬Å"launching padâ⬠in its terminological meaning is ââ¬Å" â⬠, in its transferred meaning ââ¬â ââ¬Å" â⬠, ââ¬Å"to link upâ⬠ââ¬â ââ¬Å"?ââ¬â¢ â⬠in its transformed meaning it means ââ¬â ââ¬Å"â⬠. b) A large group of phraseological units was formed from free word-groups by transforming their meaning, e. g. ââ¬Å"granny farmâ⬠ââ¬â à « à », ââ¬Å"Trojan horseâ⬠ââ¬â ââ¬Å"ââ¬â¢ â⬠. ) Phraseological units can be formed by means of alliteration, e. g. ââ¬Å"a sad sackâ⬠ââ¬â ââ¬Å" â⬠, ââ¬Å"culture vultureâ⬠ââ¬â ââ¬Å", â⬠, ââ¬Å"fudge and nudgeâ⬠ââ¬â ââ¬Å"â⬠. d) They can be formed by means of expressiveness, especially it is characteristic for forming interjections, e. g. ââ¬Å"My aunt! â⬠, ââ¬Å"Hear, hear! â⬠etc e) They can be formed by means of distorting a word group, e. g. ââ¬Å"odds and endsâ⬠was formed from ââ¬Å"odd endsâ⬠. f) They can be formed by using archaisms, e. g. in brown studyâ⬠means ââ¬Å"in gloomy meditationâ⬠where b oth components preserve their archaic meanings, g) They can be formed by using a sentence in a different sphere of life, e. g. ââ¬Å"that cock wonââ¬â¢t fightâ⬠can be used as a free word-group when it is used in sports (cock fighting), it becomes a phraseological unit when it is used in everyday life, because it is used metaphorically; h) They can be formed when we use some unreal image, e. g. ââ¬Å"to have butterflies in the stomachâ⬠ââ¬â ââ¬Å"â⬠, ââ¬Å"to have green fingersâ⬠ââ¬â ââ¬Å" â⬠etc. ) i) They can be formed by using expressions of writers or politicians in everyday life, e. g. ââ¬Å"corridors of powerâ⬠(Snow), ââ¬Å"American dreamâ⬠(Alby) ââ¬Å"locust yearsâ⬠(Churchil), ââ¬Å"the winds of changeâ⬠(M? Millan). Secondary ways of forming phraseological units are those when a phraseological unit is formed on the basis of another phraseological unit; they are: a) Conversion, e. g. ââ¬Å"to vote with o neââ¬â¢s feetâ⬠was converted into ââ¬Å"vote with oneââ¬â¢s feetâ⬠. b) Changing the grammar form, e. g. ââ¬Å"Make hay while the sun shinesâ⬠is transferred into a verbal phrase ââ¬â ââ¬Å"to make hay while the sun shinesâ⬠. ) Analogy, e. g. ââ¬Å"Curiosity killed the catâ⬠was transferred into ââ¬Å"Care killed the catâ⬠. d) Contrast, e. g. ââ¬Å"cold surgeryâ⬠ââ¬â ââ¬Å"a planned before operationâ⬠was formed by contrasting it with ââ¬Å"acute surgeryâ⬠; ââ¬Å"thin catâ⬠ââ¬â ââ¬Å"a poor personâ⬠was formed by contrasting it with ââ¬Å"fat catâ⬠. e) Shortening of proverbs or sayings e. g. from the proverb ââ¬Å"You canââ¬â¢t make a silk purse out of a sowââ¬â¢s earâ⬠by means of clipping the middle of it the phraseological unit ââ¬Å"to make a sowââ¬â¢s earâ⬠. f) Borrowing phraseological units from other languages, either as translation loans, e. . ââ¬Å"living spaceâ ⬠(German), ââ¬Å"to take the bull by the hornsâ⬠(Latin) or by means of phonetic borrowings ââ¬Å"meche blancheâ⬠(French), ââ¬Å"corpse dââ¬â¢eliteâ⬠(French), ââ¬Å"sotto voceâ⬠(Italian) etc. Phonetic borrowings among phraseological units refer to the bookish style and are not used very often. A. V. Koonin distinguishes such types of the phraseological units according the principles given above: 1) Nominative: ââ¬Å"a hard nut to crackâ⬠. They are subdivided into: ? Substantive: ââ¬Å"crocodile tearsâ⬠; ? Adjective: ââ¬Å"as mad as a hatterâ⬠; ââ¬Å"as cool as a cucumberâ⬠; ?Adverbial: ââ¬Å"by & byâ⬠; ââ¬Å"to & froâ⬠; ? Verbal: ââ¬Å"to live like a lordâ⬠. 2) Nominative-communicative: ââ¬Å"the ice is brokenâ⬠; 3) Interjectional & modal ââ¬â emotions, feelings: ââ¬Å"Oh, my eye! â⬠(= ââ¬Å"Oh, my God! â⬠); ââ¬Å"as sure as eggs is eggsâ⬠(ââ¬Å", 2?2â⬠); 4) Communicativ e ââ¬â proverbs, sayings: ââ¬Å"There is no smoke without fireâ⬠. This classification is called structural-semantic one and the phraseological units are grouped depending on the components they are formed by and on the meaning these units express. Semantic structure of phraseological unitsThe semantic structure of phraseological units by professor V. N. Teliya is formed by semantic ultimate constituents called macrocomponents of meaning. There are the following principal macrocomponents in the semantic structure of phraseological units: 1. Denotational (descriptive) macrocomponent contains the information about the objective reality, it is the procedure connected with categorization, i. e. the classification of phenomena of the reality, based on the typical idea about what is denoted by a phraseological unit (about denotatum). 2.Evaluational macrocomponent contains the information about the value of what is denoted by a phraseological unit, i. e. what value the speaker see s in this or that object / phenomenon of reality ââ¬â the denotatum. The rational evaluation may be: a) positive: a home from home ââ¬â ââ¬Å"a place or situation where one feels completely happy and at easeâ⬠; b) negative: the lionââ¬â¢s den ââ¬â ââ¬Å"a place of great dangerâ⬠; c) neutral: in the flesh ââ¬â ââ¬Å"in bodily formâ⬠. 3. Motivational macrocomponent correlates with the notion of the inner form of phraseological unit.The notion ââ¬Å"motivation of a phraseological unitâ⬠can be defined as the aptness of ââ¬Å"the literal readingâ⬠of a unit to be associated with the denotational and evaluational aspects of meaning. For example, the literal reading of the phraseological unit to have broad shoulders is physical strength of a person. The idea is indicative of a personââ¬â¢s strength becomes the base for transference and forms the meaning of ââ¬Å"being able to bear the full weight of oneââ¬â¢s responsibilitiesâ⬠. . Emotive macrocomponent is the contents of subjective modality expressing feeling-relation to what is denoted by a phraseological unit within the range of approval / disapproval, for example, a leading light in something ââ¬â ââ¬Å"a person who is important in a particular groupâ⬠(spoken with approval), to lead a cat and dog life ââ¬â ââ¬Å"used to describe a husband and wife who quarrel furiously with each other most of the timeâ⬠(spoken with disapproval). . Stylistic macrocomponent points to the communicative register in which a phraseological unit is used and to the social-role relationships between the participants of communication: a) formal: sick at heart ââ¬â ââ¬Å"very sadâ⬠; b) informal: be sick to death ââ¬â ââ¬Å"to be angry and bored because something unpleasant has been happening for too longâ⬠; c) neutral: pass by on the other side ââ¬â ââ¬Å"to ignore a person who needs helpâ⬠. 6.Grammatical macrocomponent contains the information about all possible morphological and syntactic changes of a phraseological unit, for instance, to be in deep water = to be in deep waters; to take away smbââ¬â¢s breath = to take smbââ¬â¢s breath away; Achillesââ¬â¢s heel = the heel of Achilles. 7. Gender macrocomponent may be expressed explicitly, i. e. determined by the structure and / or semantics of a phraseological unit, and in that case it points out to the class of objects denoted by the phraseological unit: men, women, people (both men and women).For instance, compare the phraseological units every Tom, Dick and Harry meaning ââ¬Å"every or any manâ⬠and every Tom, Dick and Sheila which denotes ââ¬Å"every or any man and womanâ⬠. Gender macrocomponent may be expressed implicitly and then it denotes the initial (or historical) reference of a phraseological unit, for example, to wash oneââ¬â¢s dirty linen in public ââ¬â ââ¬Å"discuss or argue about oneââ¬â¢s personal affairs in publicâ⬠. The implicit presence of the gender macrocomponent in this phraseological unit is conditioned by the idea about traditional womenââ¬â¢s work (cf. with Ukrainian: ? ).The implicit gender macrocomponent is defined within the range of three conceptual spheres: masculine, feminine, intergender. Compare, for instance, the implicitly expressed intergender macrocomponent in to feel like royalty meaning ââ¬Å"to feel like a member of the Royal Family, to feel majesticâ⬠and its counterparts, i. e. phraseological units with explicitly expressed gender macrocomponent, to feel like a queen and to feel like a king. So the semantic structure of phraseological unit is a complex formation with different denotative, significant and connotative aspects of meaning.The denotative aspect of phraseological meaning is the word subject named by this unit 1) relation between a lexical unit and an extralanguage subject or phenomena, 2) subject denotation; the significant aspect is a phraseological unit concept; a reflection of certain object concept in human consciousness; the connotative aspect is emotionally-expressive side and stylistic colouring of phraseological unit; additional word content, its stylistic colouring that superpose upon the main word meaning and convey emotionally-expressive and estimative attitude of the speaker to the denoted object.Correlation of these aspects in different types of phraseological units is different. One of the aspects may prevail and it causes certain influence of a phraseological unit on the communicative process. In comparative phraseological units significant and connotative aspects predominate. The communicative contribution of phraseological units of this type is fixed with the help of certain object determination, in which they carry pragmatic characteristic defined by emotionally-expressive factor of their meaning. Conclusions Phraseological units are very specific part of any language.It should be noted, however , that no proper scientific investigation of English phraseology has been attempted until quite recently. English and American linguists as a rule confine themselves to collecting various words, word-groups and sentences presenting some interest either from the point of view of origin, style, usage, or some other feature peculiar to them. These units are habitually described as idioms, but no attempt has been made to investigate these idioms as a separate class of linguistic units or a specific class of word-groups. We systematized the observations of A. V. Koonin, V. N. Teliya, G.Antrushyna connected with the structural and semantic properties of the phraseological units. Using their works we defined several classifications according the ways of forming and according semantic structure. For example, the types of the phraseological units distinguished by A. V. Koonin: 1) Nominative (with subgroups); 2) Nominative-communicative; 3) Interjectional & modal; 4) Communicative. All classi fications mentioned above exist simultaneously and describes the main features of the phraseological units: 1) Integrity (or transference) of meaning: means that none of the idiom components is eparately associated with any referents of objective reality, and the meaning of the whole unit cannot be deduced from the meanings of its components; 2) Stability (lexical and grammatical) means that no lexical substitution is possible in an idiom in comparison with free or variable word-combinations (with an exception of some cases when such substitutions are made by the author intentionally). The experiments conducted in the 1990s showed that the meaning of an idiom is not exactly identical to its literal paraphrase given in the dictionary entry.That is why we may speak about lexical flexibility of many units if they are used in a creative manner. Lexical stability is usually accompanied by grammatical stability which prohibits any grammatical changes; 3) Separability means that the struct ure of an idiom is not something indivisible, certain modifications are possible within certain boundaries. Here we meet with the so-called lexical and grammatical variants. To illustrate this point we shall give some examples: ââ¬Å"as hungry as a wolf (as a hunter)â⬠, ââ¬Å"as safe as a house (houses)â⬠. 4) Expressivity and emotiveness means that idioms are also characterized by stylistic colouring.In other words, they evoke emotions or add expressiveness. On the whole phraseological units, even if they present a certain pattern, do not generate new phrases. They are unique. Interlanguage comparison, the aim of which is the exposure of phraseological conformities, forms the basis of a number of theoretical and applied trends of modern linguistic research, including the theory and practice of phraseography. But the question of determining the factors of interlanguage phraseological conformities as the main concept and the criterion of choosing phraseological equivalents and analogues as the aspect concepts is still at issue.The analysis of special literature during the last decades shows that the majority of linguists consider the coincidence of semantic structure, grammatical (or syntactical) organization and componential (lexeme) structure the main criteria in defining the types of interlanguage phraseological conformities / disparities with the undoubted primacy of semantic structure. References 1. ?. ?. / ?. ?. ââ¬â ?. , 1963. ââ¬â 208 ?. 2. ?. ?. : . / ?. ?. , ?. ?. , ?. ?. ââ¬â ?. , 1999. ââ¬â 288 ?. 3. ?. ?. : . - ? . . / ?. ?. ââ¬â ?. : . , 1986. ââ¬â 295 ?. 4. . . . / [ ?. ?. ]. ââ¬â ?. : - , 2006. ââ¬â 784?. 5. ?. ?. ? / ?. ?. // . ? . ââ¬â ?. , 1977. ââ¬â ?. 140 ââ¬â 161. 6. ?. ?. : - ? . . / ?. ?. , ?. ?. , ?. ?. , ?. ?. ââ¬â ?. : . , 1979. ââ¬â 169 ?. 7. ?. ?. : . . - ? - . . / ?. ?. ââ¬â ?. : , 1989. ââ¬â 126 ?. 8. ?. ?. - / ?. ?. ââ¬â ?. : ââ¬â , 2005. ââ¬â 1210 ?. 9. ?. ?. / à ?. ?. ââ¬â ?. : , 1972. ââ¬â 288 ?. 10. Arnold I. V. The English Word / Arnold I. V. ââ¬â M. : , 1986. ââ¬â 296 ?.
Sunday, January 5, 2020
Saturday, December 28, 2019
Paper - 2310 Words
ABSTRACT: WidgeCorpsââ¬â¢s management team had a lack in understand of some of the key multivariate statistical techniques used by many companies to measure how variables react with one another. This paper will discuss how three of these techniques are commonly used and provides a recommendation for the company to use as they move forward with research and development of new products. This paper also compares and contrasts the different multivariate techniques. KEYWORDS: multivariate techniques, Chi-Square Test, multidimensional scaling There are many different multivariate techniques commonly used in businesses across the world. This paper will compare three commonly used techniques including factor analysis, multi-dimensional scaling,â⬠¦show more contentâ⬠¦Gmail, a subsidiary of Google is able to track consumer data with every click that a consumer makes with their mouse as the cruise the internet. Market research firms collect data daily about consumers. They then make note of the buying and internet surfing trends of consumers. They use cluster analysis by putting the clusters or groups of consumers with similar trends together and then marketing new products or services to them, (Downes, 2012). Multidimensional Scaling: Multidimensional Scaling is another multivariate technique WidgeCorp could use while doing research. Multidimensional scaling is the most abstract of the multivariate techniques. While abstract, it was the easiest for me to comprehend. Multidimensional Scaling has two main objects. The first objective is to find a pattern somewhere in the data collected and presenting it visually for all to understand, (Wilkes, 1977). To visually display the data, Multidimensional Scaling places the data retrieved onto a three-dimensional plain. It is particularly useful when dealing with many different variables and allows the reader to see a visual representation on how they relate to one another. 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Thursday, December 19, 2019
Empty Spaces in James Joyces Eveline from Dubliners Essay
Evelines Empty Spaces It seems highly appropriate that James Joyce lived in Europe during the time of Cà ©zanne, Seurat, Gauguin, and Matisse; throughout his book Dubliners he sketches his characters in a style that could be characterized as post- impressionist. Rather than smoothly, cleanly outlining and clearly delineating his characters every feature, Joyce concentrates on hinting at the emotional meanings of his depictions with a rich thick dab of paint here and there. Although Joyce flexes his descriptive muscles in the Dubliners short story Eveline (1914,) he leaves much to the imagination of the reader through calculated omissions and suggestive phrases. Such omissions begin at the opening of the story; Sheâ⬠¦show more contentâ⬠¦Joyce here refers to something obscure, an old kind of keyboard instrument which was worked by a series of bellows. What is most notable in this case however, is placement; broken harmonium evokes a sense of the discord present in the home that Eveline briefly touched on at the beginning (Her father was not so bad then; and besides her mother was alive. That was a long time ago [...])(37). The reference to Saint Margaret Mary Alacoque may be even more obscure, but upon learning of its background one finds that it is indeed apt; St. Margaret Alacoque was an orphan who became a nun to escape the bad treatment she received from relatives, only to find the convent no more welcoming a home. She has a vision of Christ in which she places her hand in his heart. Eveline can be compared to St. Alacoque in that they both experience poor treatment at the hands of family, and one could draw parallels between the later description of the character Frank being open-hearted, and the seemingly senseless mention of how her fathers violence [...] had given her the palpitations (38, 39). Joyce uses more that just the readers own imagination and discreet references to generate motion towards the climax of the story. The readers ideas about morality and who and what are right and wrong play a key part in the sensations that are elicited by Joyces suggestive style. Defiance of her father brings Eveline closer to the reader; merely going
Wednesday, December 11, 2019
Arbitration of Disputes-Free-Samples for Students-Myassignmenthelp
Questions: 1.In the absence of choice of law critically analyse and explain the options that are available for the interpretation of the Contract. 2.The rules of arbitration help Companies to hold their trade secrets to their chest. Critically examine this statement by accentuating the divergence in procedures,merits in application of the state judiciary structure and that of arbitral institutions in times of dispute. Answers: 1.With the increasing globalization, it is quite often that the contract tends to contain certain foreign elements. This gives rise to a pertinent question so as to determine the applicable law which applies to the given situation. This problem arises due to interplay between a plethora of interconnected factors which include the performance place, payment place, business place, underlying payment current coupled with nationality of the underlying parties involved. In order to manage this problem, Rome convention through the enabling provisions tends to provide the contracting parties the choice of law through which they can determine either implicitly or explicitly the applicable law in case of any contractual dispute. The importance of this can be adjudged from the fact that the presence of this has become a lynchpin of international contracts (Fawcett and Torremans, 2011). However, there are certain contracts where the choice of law is absent and thus interpretation of such contracts poses a significant challenge. One way for contractual interpretation in the absence of choice of law is obtained from common law. In accordance with the common law, in such a situation the applicable law for contractual interpretation would be one which tends to have closest and most real connection with the given transaction (Marshall, 2012). The common law approach has been criticised by academicians, lawyers and practitioners alike due to underlying ambiguity in the language which makes it quite difficult to apply. When there is even balance in terms of the physical factors, the common law solution of applicable law leads to high degree of uncertainty for the contracting parties. Considering the nature of solution, the judge tends to have high amount of discretion which invariably leads to dissatisfaction over the decision by either party (Tang, 2008). A radically different but more certain approach to interpret contractual clauses is provided by Rome I Regulations. The first step under this exists in the form of art4(1), which outlines the fixed governing rules that exist for eight different form of contracts. In the event of the underlying contract to be interpreted lying outside the ambit of the defined eight categories of art4(1) or lying in more than one category, then art4(2) would be applicable. As per this article, for determination of applicable law, presumption of characteristic performance needs to be applied (Marshall, 2012). The presumption tends to highlight that the applicable law would essentially be the same as the underlying contractual law existing in the nation/country which hosts the habitual residence of the party which needs to ensure the contractual characteristic performance (Tang, 2008). Even though this provides larger clarity when compared to the corresponding commentary offered by common law, but considering the complex nature of cross=border legal transactions, this concept is also difficult to apply. In case of failure to ascertain the applicable law under both art4(1) and art4(2), art4(4) needs to be applied. In accordance with art4(4), an escape clause is provided in the form of closest connection test (Marshall, 2012). This clause provides a higher degree of clarity and certainty in comparison to a similar test prescribed by the common law and hence curbs the wide flexibility currently being extended to the judges. Also, it is noteworthy that while deploying the escape clause under art4(4), a significant emphasis is given on the underlying context and facts related to each case which tend to alter the decision given (Tang, 2008). While the Rome 1 Regulations tend to a superior choice for contractual interpretation in contrast to common law, but it also has immense set of criticisms. To begin with, the eight fixed categories of contract are way too less considering the contractual scope in the present day business. There is an urgent need to build on these pre-existing contract categories and based on common commercial transactions, it is required to expand this list (Marshall, 2012). Further, refinements in usage of art4(2) are required so as to simplify the overall application. Besides, the escape clause also has two major shortcomings namely the phrasing of the clause in geographical terms and also in the current form, separate issue based evaluation is not possible. This makes the escape clause vulnerable to mechanical application and also stalemate in case of balancing factors (Dickinson, 2010). In the wake of the above shortcomings in the present regulations, it makes sense that a national law must be framed on the lines of Rome I Regulations but attempts must be made to overcome the various shortcomings that have been identified above. However, at the same time, the basic architecture needs to be retained while fine tuning the provisions so as to enhance easy of application, predictability and satisfaction of contractual parties (Marshall, 2012). 2.In the modern business era, financial resources are available in abundant but the key requirement for business success is knowledge which is apparent from the rise of patents and the use of patented technology. In a communication revolution where information can be transmitted globally within minutes, it has become of critical essence to the businesses to preserve the confidentiality of their trade secrets so as to maintain their competitive edge. As the importance of these trade secrets have surged so have the disputes involving the same particularly with regards to ownership claims. With the existence of these disputes, it is imperative that a suitable mechanism be available so as to resolve these issues in a just manner while ensuring speed (Fawcett and Torremans, 2011). Two of the most common measures available in this regard are arbitration and civil proceedings using the state judiciary. It is imperative to critically analyse the procedure and the utility of each of these mea sures particularly with regards to maintaining the confidentiality of their respective trade secrets. Arbitration on account of the private hearings are thought to be a better choice with regards to confidentiality and protection of trade secrets. Even though in international rules related to arbitration outlined by ICC, UNICTRAL and CPR but private arbitration may also be governed by national laws related to arbitration. This is especially the case when the two disputing parties are based in a particular country and hence private arbitration is usually governed by applicable national law on the subject especially in the developed world. However, recently, there has been variation in the legal stance especially with regards to implied confidentiality in case of arbitration which leads to unpredictability. There are countries such as Sweden, Australia and USA which through judicial cases at different levels has denounced the implicit assumption of confidentiality while UK has preserved the same (Sarles, nd).. Additionally, it has been found that with regards to emergencies situations, the arbitration does little to prevent damage by way of providing injunction which is better served by the state judiciary. Arbitration normally focuses on providing damages in the form of arbitral awards which are usually binding in nature. One of the advantages of the arbitration is the existence of flexibility in terms of judicial procedures and evidence mechanism which can enable speedy disposal of cases particularly in case of non-administered arbitration (Samuel, 2017). Further, arbitral awards usually cannot be challenged unless there is some glaring discrepancy which violated the natural justice principle and hence ensures limited litigation. The process of arbitration typically involves the appointment of an arbitrator, sharing of material documents between parties, discovery of evidence before the proceedings actually commence. After the commencement of proceedings, the tribunal or the arbitrator announces the arbitral award (Marsh, 2011) On the other hand, civil proceedings can also be initiated in cases involving trade secrets. In majority of the developed countries unlike in the past, there has been a realization of the need to keep information confidential especially which can materially impact the legitimate interest of the involved parties. Further, the courts in these countries have increasingly warmed to the idea of in camera and private proceedings and withholding information from the public domain. Also, the under seal filing provision has increasingly becoming common coupled with passage of protective order such as injunction so as to ensure that intellectual rights and trade secrets are not compromised. Further, a pro-confidentiality approach taken by the courts especially in the US is apparent from the verdicts pronounced in cases like Gates Rubber v. Bando Chemical Industries, 9 F.3d 823(October 19, 1993) and In re Iowa Freedom of Information Council, 724 F.2d 658 (8th Cir. 1983). However, the critical a spect is that the court does not act on the advice of the concerned party with regards to terming a document as trade secret and makes an independent evaluation of the same. While, in the earlier times, this may have been problematic considering the limited technical knowledge about the same but the existence of specialised courts and tribunals to decide on specific matters, this ensures that the protection provided is not abused (Legal Intelligencer, 2014). Based on the above discussion, it would be fair to conclude that where in nations where state judiciary is developed with regards to deciding on cases related to patent law and trade secrets, it must be preferred over arbitration with regards to matters of confidentiality. However, in jurisdictions where the law has not developed, it is better to deploy arbitration considering the existence of global rules fostering confidentiality. References Dickinson, A. (2010) Rebuttable Assumptions, Lloyds Maritime and Commercial Law Quarterly Vol.27 No.2,pp. 32-37 Fawcett J.J. and Torremans, P. (2011), Intellectual Property and Private International Law, 2nd edn. New York: Oxford University Press Legal Intelligencer (2014), MINIMIZING DISCLOSURE OF TRADE SECRETS IN CIVIL LITIGATION, Blank Rome Website, [Online] Available at https://www.blankrome.com/index.cfm?contentID=37itemID=3275 [Accessed August 5, 2017] Marsh, J. (2011), Arbitration and Trade Secrets: Avoiding the Trap,Trade Secrets Litigator Website, [Online] Available at https://www.tradesecretlitigator.com/2011/05/agreements-requiring-the-arbitration-of-disputes-are-generally-perceived-as-being-pro-business-but-do-they-really-help-a-business-in-the-trade-secret-context/ [Accessed August 5, 2017] Marshall, B.A. (2012) Reconsidering the Proper Law of the Contract, Melbourne Journal of International Law, Vol.13 No.2, pp. 9-44 Samuel, M. (2017), Confidentiality in International Commercial Arbitration: Bedrock or Window-Dressing?, Kluwer Arbitration Blog, [Online] Available at https://kluwerarbitrationblog.com/2017/02/21/confidentiality-international-commercial-arbitration-bedrock-window-dressing/?print=print [Accessed August 5, 2017] Sarles, J.W. (n.d.), SOLVING THE ARBITRAL CONFIDENTIALITY CONUNDRUM IN INTERNATIONAL ARBITRATION, Mayer Brown Website, [Online] Available at https://m.mayerbrown.com/Files/Publication/cc689d95-b8ba-4179-b72f-08b83ec47ad1/Presentation/PublicationAttachment/917049de-2412-4695-894d-09fc7f42c303/Confidentiality.pdf [Accessed August 5, 2017] Tang, Z. (2008) Law Applicable in the Absence of Choice The New Article 4 of the Rome I Regulation, Modern Law Review, Vol. 71 No. 5, pp. 785-800
Wednesday, December 4, 2019
The assassination of John F. Kennedy Conspiracy theories
Following the assassination of President John F. Kennedy in 1963, the warren commission was setup to investigate the case. The team came to a conclusion that the assassination was carried out by a lone gunman. However, the house select committee on assassinations carried out fresh investigations in the period between 1976 and 1979 concluding that the assassination was a conspiracy, essentially denouncing the earlier findings that suggested a one man effort. Advertising We will write a custom essay sample on The assassination of John F. Kennedy: Conspiracy theories specifically for you for only $16.05 $11/page Learn More The conspiracy theories developed in the latter years implicated a number of public figures including former Cuban leader Fidel Castro, the mafia, the FBI, Lyndon Johnson, the CIA amongst many others. These groups and individuals were named in several conspiracy theories namely, the organized crime theory, the secret service, the federal reserve conspiracy and the new Orleans conspiracy among others. From personal opinion, the theory that seems to hold most water in this particular case is the organized crime conspiracy which basically implicates the mafia, Cuban exiles and Fidel Castroââ¬â¢s supporters. Mob involvement has been well presented in David Kaiserââ¬â¢s book, The road to Dallas. When President John F. Kennedy took over office from Dwight Eisenhower, he made it a point to ensure that criminals were incarcerated in numbers that were unprecedented (Kaiser, 11). Under his watch the number of persecutions increased by upto 12 times the number recorded during his predecessorââ¬â¢s tenure. Members of mafia formed a big number of the criminals he had sent to jail and this gave them a reason to retaliate. The Mafioso considered Fidel Castro their biggest enemy and most of them built strong relationships with anti-Castro Cubans. Some of the documents that were allegedly not consulted by the Warren commis sion indicate that some of the Mafiosi had been involved in plotting conspiracies directed at assassinating Fidel Castro. The Mafia felt short changed when President Kennedy failed to support their efforts in the invasion. The mafia in this cause was under the support of Cuban exiles in the USA who wanted to go back to Cuba and carry out an invasion Castroââ¬â¢s communist government (Kaiser, 123). It has also been suggested that anti-Castro Cubans were angered by Kennedyââ¬â¢s failure to destroy Cuba during the 1962 missile crisis. Giving the mafia and the Cuban exiles even more reason to hate him, President Kennedy had been at the forefront of leading charges against organized crime as a young and idealistic lawyer. Further, the presidentââ¬â¢s younger brother Bobby also followed in his footsteps leading the administration in protests against the mafia. Advertising Looking for essay on political sciences? Let's see if we can help you! Get your first paper with 15% OF F Learn More The mafia had helped John F. Kennedy win the elections and therefore they felt betrayed when he started prosecuting them when he got the office. The polls ended in dispute with allegations of the elections being marred with irregularities. Investigations that were carried out by to the CIA revealed that Carlos Marcello, a suspected member of the mafia could have organized and implemented the conspiracy. The investigations also realized that Marcello had the motive, the opportunity and the resources necessary to carry out the assassination. The most popular organized crime conspiracy involving the Cubans suggests that Kennedy could have been assassinated by Fidel Castro. According to this theory, Castro was fully aware that the mafia aided by some Cubans was baying for his blood. These two groups were purported to be under CIAââ¬â¢s command (Kaiser, 53). As a result, the only two choices available to Castro were to kill or be killed. Aside from the Mafia and the Cubans, other organized groups that could have committed the crime include the KGB. This argument suggests that Oswald was possibly a member of the KGB and his work was to handle such ââ¬Å"dirtyâ⬠missions. Individuals who are pro this line of thought such as Professor Revilo Oliver believe that JFK was assassinated because he did not serve the soviet and related communist groups as effectively as he had promised prior to the election. Kennedy had been seen as the one who could turn America to communism but once he got into office he appeared to soften his stand and in a move described as ââ¬Ëturning Americanââ¬â¢ (Kaiser, 293). From readings, it has been discovered that this conspiracy could have been covered up to avoid the eruption of the third world war; a war which was imminent were it to be revealed that the KGB controlled Oswald. Of all the conspiracy theories that have been fronted to explain the assassination of John F. Kennedy, the theory suggesting that organized crime could have been the major involvement appears to be more credible. In the book The Road to Dallas, David Kaiser has clearly provided in-depth explanations supporting the argument that organized crime groups were the major plotters and developers of the plot to kill JFK. Advertising We will write a custom essay sample on The assassination of John F. Kennedy: Conspiracy theories specifically for you for only $16.05 $11/page Learn More As much various discussions have arisen in regards to who could have been involved and the particular reasons for their involvement, it is definitely clear from Kaiserââ¬â¢s book that Oswald could not have been the sole mastermind of the attack. The Mafioso, the Cuban exiles, the KGB and probably even Fidel Castroââ¬â¢s henchmen could have contributed to the development of the plot. It is however clear as has been presented earlier in this essay that whichever group was involved had to have some agreea ble amount of inside help. It is definitely ridiculous to try and purport that a single individual in the name of Oswald could have bypassed all the security systems around the president of a super power without either outside or inside help, or both. By the standards of those days JFK must have been the most well protected individual on earth yet he went down by a bullet from a sniperââ¬â¢s gun; a sniper who was not immediately traced. His evasion from security forces around the president and all over the country could be telling of the fact that he had enlisted a definite level of inside support. This is the kind of support that could only be negotiated for by a well connected group of individuals. The level of organization in the execution of the assassination was clearly a team effort, and though Oswald came to take most of the credit, it is evident that there were many people counting on his success. In conclusion, it is worth noting that the assassination of JFK is a myst ery that has puzzled many. The way it happened and the subsequent events have been some of the discussions that have generated heated debates especially among analysts and historians. Unfortunately, with every re-analysis of the story come new findings serving to thicken the plot. However, readers of the theories fronted by scholars are free to choose the one that makes most sense and in the above discussion it has been argued that the conspiracy theory involving organized crime groups is the most credible. Works Cited Kaiser, David. The Road to Dallas. Cambridge: Harvard University Press, 2008. Print.Advertising Looking for essay on political sciences? Let's see if we can help you! Get your first paper with 15% OFF Learn More This essay on The assassination of John F. Kennedy: Conspiracy theories was written and submitted by user Pa1ge to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.
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