Internet & Interactive Media Essay Example | Topics and Well Written Essays - 3000 words

Internet & Interactive Media - Essay Example This would help to evaluate the organization as well as the area of focus of the company in such competitive environment. Secondly, the creation and development of the brand image would be taken under consideration. This indicates that the sources that the company constantly uses would be assessed and evaluated in order to find the factors that have helped the organization to survive and grow in such cut-throat retail environment. Content would also be taken under consideration after this. In content, the area of focus would be to evaluate the organization’s marketing mix that has helped the organization to attract the customers over long period of time. This would also help to evaluate that how does the company constantly update its marketing mix in order to remain fresh in the eyes of the customers. Creativity and design are often the most important factor in success. This creativity and design would be evaluated to identify the modes or tools of advertisement used by the or ganization to create awareness and gain customer’s attraction in the market. In addition, the reduction of clutter in the world of advertisement would also be evaluated under the same heading. E-commerce has gradually entered the corporate world which makes the evaluation of e-commerce of M&S quite crucial. The evaluation of E-commerce would help to indicate that whether e-commerce is just a primary objective or secondary objective. In addition, the use of mobile strategy is at its peak due to which this factor would also be taken under consideration during the evaluation of e-commerce. Next, the assignment would aim to evaluate and identify the ways through which the organization develops relationship with the customers in the market. Furthermore, the type of buzz marketing used by the organization would also be evaluated which would help to identify the reasons which led the organization to survive and grow over such long period of time. In addition, the presence of organiz ation on social media would also be included and evaluated under this particular heading. Next, the data mining outside of purchases of the organization would become the spotlight of this assignment. It would help to evaluate all the sources used by the organization to accumulate the data gathered through sales promotion, personal sales, direct mails and programs introduced by the organization. This would be followed by evaluation of public relations. This would help in the evaluation of the organization’s ability to provide the customers with relevant information regarding the company along with the products and services offered to the customers. In addition, it would also help to evaluate the ways in which the organization communicates with its target audience in the market via its website. Lastly, this assignment would evaluate the use of other IMC elements used by the organization i.e. traditional media to create awareness regarding the company’s website. This woul d also help to identify the reasons for the use of traditional media while other more effective sources are available in the corporate world. Marks and Spencer Overview Marks and Spencer is one of the leading retail organizations in UK. The prestige and reputation of the company can be evaluated through 21 million customers visiting the retail outlets each week. The company not only provides the customers

Access to Higher Education Assignment Example | Topics and Well Written Essays - 1500 words

Access to Higher Education - Assignment Example umber of domestic students under two scenarios 2006-2021 by capital city Available at: http://www.universityworldnews.com/filemgmt_data/files/AUR_51-01_Birrell_Edwards.pdf Some of those recommendations include reducing the cost of access to higher education, strengthening the domestic universities to provide quality education to Australian citizens. In addition, due to the inequality level in accessing education especially among people from the lower socio-economic class, the government should aim at empowering these people to enable them compete favourably with the other social classes for positions in the universities. Discussion of the contributing factors Higher education in Australia has been faced with many challenges, these challenges have led to low enrolment in the universities and consequently a small population of the country has graduate qualifications. Some of the factors that have caused the low levels of university enrolments include the following. 1. The high cost of education- One challenge that makes increase in access of higher education hard to achieve is the cost implication that comes with it (Chen & St John, 2011, p23). The cost of acquiring a degree is very high in the country such that not everyone in the society can be able to match. This high cost of acquiring a degree is a challenge especially to individuals in the lower socio-economic class (Harmon 2010, p. 75). Very often, you will find needy students that are very bright but cannot afford to further their studies. The only hope for these students is either to find a sponsor or the government loans and grants provided by governments. The very bright ones are at an advantage because they are likely to receive sponsorship or even get free education from some universities that do this as part... The assignment "Access to Higher Education" investigates access to higher education in Australia. This paper also discusses the causes of the problems that are faced in the country, their origin and the solutions that be implemented to improve the accessibility to higher education in this country. The government of Australia has been putting policies to ensure that raises the number of adults who have a university degree to 40 per cent by the year 2025. However, several challenges stand in the way of government and attaining this dream of realizing the increased number of university graduates. Such problems include the high cost of university education, the attitudes of the people, preferential treatment of some people by the universities, commercialisation of education, which has led to university graduates not being fully equipped to enable work competitively in the job market. In order to deal with these problems in the Australian higher education, this report has given some recommendations that can improve the accessibility of higher education and help the government to attain the target of increasing the number of adult graduates to 40 per cent. Some of those recommendations include reducing the cost of access to higher education, strengthening the domestic universities t o provide quality education to Australian citizens. Due to the inequality level in accessing education, the government should aim at empowering these people to enable them to compete with the other social classes.

Great Expectations by Charles Dickens Essay Example for Free

Great Expectations by Charles Dickens Essay Human nature is the psychological and social qualities that characterize humankind. Human nature separates humans from the rest of the animal kingdom. The underlining theme of human nature is evident in Great Expectation by Charles Dickens use of his characters. A main characteristic that Dickens displays is friendship. The friendship between Pip and Herbert is strong. Herbert was significant to Pip’s growth in social class and eventual to his revelation. â€Å"Friendship was one of the human characteristics Dickens enjoyed†¦by associating fellowship with good characters and deeds, he made it known that he admires friendship. † (MacAndrew 168) Herbert aided Pip when he first came to London and made the transition an easy one. Herbert helped filled in the blanks for Pip when he was lost. Herbert saved Pip’s life when Orlick tried to kill him. When Pip needed someone to turn to Herbert was always there. In return of Herbert’s friendship Pip also helped him. Pip used the money he was getting from Magwitch to finance Herbert dream of becoming a business owner. This was a true friendship that did not falter throughout the novel. Friendship is one of the few good characteristics that Dickens indicates throughout the novel. Dickens goes beyond the bond of friendship to the bond of love. Herbert was not the only person that assisted Pip. Joe was another component to Pip’s success. Joe had deeper feelings then friendship towards Pip. Joe loved Pip like they were brothers. Joe was a simple, honest, hardworking man. Joe was a model of the man everyone should try to be. Joe was there in the beginning for Pip when he was getting picked on by Tickler or being â€Å"brought up by hand† by Mrs. Joe. Although Pip turned his back against Joe he was there in the shadows. Joe as simple as he was knew that Pip was leaving him behind. â€Å"Not wishing to intrude I have departed fur you are well again dear Pip and will do better without.† (Dickens 439) Joe knew that he would only be holding Pip back he felt like he was a burden to Pip. Joe was following the notion if you love something you should set it free. Even though Joe didn’t have much he paid Pip’s debts because of his unconditional love for Pip. Joe tried his best to protect Pip and not to bother him. This unconditional love that Joe employed over Pip became essential for Pips growth. Another good human characteristic that Dickens expresses is generosity. This came from the most unlikely person, Magwitch. Magwitch help Pip like a father type would. Magwitch is one of the characters that play a role of a parent. â€Å"Look’ee here, Pip. I’m your second father. You’re my son—more to me nor any son. I’ve put away money, only for you to spend.† (Dickens 329) Magwitch had the same love for Pip as Joe did. Magwitch did not care about his money, but instead he cared about Pip’s happiness and his dream. Magwitch was a convicted criminal that made Pip dreams come true. Although he was a convict he was morally good. He did everything he could to help Pip become the man he is at the end of the novel. â€Å"Lord strike me dead!’ I says each time—and I goes out in the open air to say it under the open heavens—‘but wot, if I gets liberty and money, I’ll make that boy a gentleman!’ And I done it.† (Dickens 351) Magwitch was the secret benefactor that was founding Pip’s journey. The generosity that Pip showed Magwitch left such impact he swore that he would repay Pips generosity. One act of random kindness change Pip’s life forever. Magwitch generosity towards Pip went far beyond the generosity that Pip showed him. Magwitch generosity did not go unnoticed by Pip though. Near the end of the novel Pip return the generosity by helping Magwitch. Dickens did not only show the positives of human nature, but also the negatives. One of the negative characteristics that Dickens looked at was cruelty. â€Å"Dickens believed the darkest facet of human nature was cruelty. He created many characters who displayed this moribund characteristic†¦by creating dark characters, Dickens made the reader disgusted with them.† (The Saturday Review 69) Dickens used a span of characters from the protagonist to minor characters to demonstrate cruelty. This was vital to Pip’s and Estella revelation because it show them there immature ways. Pip experience cruelty first hand from the very beginning. Pip’s childhood memories are frightening for him because of the torment he received from Tickler and Mrs. Joe. Joe could only protect Pip so much, but he could not save him from everything. Pip was not so kind towards Joe as Joe was to Pip. Estella was another cruel character because she did not have a heart towards men. She would use her beauty to make men fall in love with her, but would not return the love . She did not have any affection because it was driven from her at a very early age. Dickens displayed this tactic of cruelty not only in Estella, but also in Compeyson. Compeyson the man that was supposed to married Miss Havisham was a self-centered man. He tricked Miss Havisham to fall in love with him, but when he had access to her money he left on their wedding day. Compeyson also tricked Magwitch. Compeyson and Magwitch were arrested together, but Compeyson organize a plan that got him seven years in jail while Magwitch got fourteen years. The pain that Compeyson left to Miss Havisham and his manipulation of the sentence hearing gave birth to monsters seeking revenge. Dickens use of cruelty brings to life another bad human characteristic, revenge. The cruelty that Compeyson inflected lead Miss Havisham to seek revenge. Tainted from her one experience Miss Havisham distrusted all men. Miss Havisham played the other role of being a parent. She adopted Estella solo based on concept that all men were like Compeyson. Miss Havisham is the one who created Estella to be this heartless creature. Estella was one of Miss Havisham pawns in her plan of revenge. â€Å"Estella doesn’t play into her games anymore and makes her own living with Drummle†¦Miss Havisham tries to control Pip and seduced him into the thoughts of being with Estella forever.† (Chesterton 199) Pip was the other pawn that Miss Havisham was playing. â€Å"But when I fell into the mistake I have so long remained in, at least you lead me on?† said Pip â€Å"Yes, I let you on.† Miss Havisham replied. (Dickens 334) Miss Havisham convinced Pip to think that Estelle was his soul mate knowing Estella would never return the love. Miss Havisham spent the rest of her life on obtaining revenge on men. Like Miss Havisham, Magwitch sought revenge. Compeyson was also the reason behind Magwitch plan to seek revenge. Unlike Miss Havisham, Magwitch wanted direct revenge on Compeyson. Compeyson also used Magwitch for his own personal gain. This obsession leads to Magwitch unhappiness. When Magwitch achieves his goal of revenge he does not gain happiness, but rather despair. Dickens demonstrations of revenge go against any notion that revenge is good, but rather we should forgive those who trespass against us. Ungratefulness was a part of the collection of negative human characteristics that Dickens expressed. When Pip grows in social class he is ungrateful towards those below him. Pip tries to forget past and where he came from. Pip’s remarks in page 89 â€Å"Estella would consider Joe, a mere blacksmith: how think his boots, and how coarse his hands.† He treats Joe and Biddy like they are beneath him, but they are morally better people. â€Å" He rejects the love that like those Joe and Biddy offer, and he feels he will not see himself as worthy, unless he meets the approval of the cold and haughty Estella† (Whipple 381) All Pip cares for is himself and his goals. Instead of staying with Joe while he was in town he rented a room at the blue boar. Pip wanted no part of his old life and did not want it interrupt his new life. â€Å"Could have kept him away by paying money, certainly would have.† (Dickens 217) Even when Joe extended his hand to help Pip he was so superficial at the time he ignore him. Pip forgot all the things that Joe did for him. Pip became ungrateful during his transformation. Pip conflict was self-inflected with his dream of becoming a gentleman. Charles Dickens demonstrates the aspects of human nature throughout his novel Great Expectations through the use of his characters. Dickens also illustrates the positives and negatives of human nature. â€Å"Suffering has been stronger than all other teaching, and has taught me to understand what your heart used to be. I have been bent and broken, but I hope into a better shape.† (Dickens 453) Pip and Estella turmoil was self-inflected. They faced many hard ships, but only when they grasp the idea on what truly matters in life will they find their bliss. Bibliography Areview of â€Å"Great Expectations,† in the Saturday Review. London, Vol. 12. No. 299, July 20, 1861, pp. 69-70 Brattin, Joel J.. Dickens Quarterly, Sep2012, Vol. 29 Issue 3, p285-287, 3p. (Book Review) Brown, James M. Dickens: Novelist in The Market-Place. Totowa, NJ: Barnes and Noble, 1982. Chesterton, G.K. â€Å"Great Expectations,† in his Appreciations and Criticisms of the Works of Charles Dickens, E.P. Dutton Co., 1911, pp. 197-206 Cohen, William A.. Critical Insights: Great Expectations, 2010, p215-268, 54p. (Literary Criticism) Gold, Joseph. Charles Dickens: Radical Moralist. Minneapolis: U of Minnesota P, 1972. Kirk, Neville. Labour and Society in Britain and the USA. London: Scholar P, 1994. Levine, Caroline. Critical Insights: Great Expectations, 2010, p128-146, 19p. MacAndrew, Elizabeth. Critical Insights: Great Expectations, 2010, p161-176, 16p. (Literary Criticism) Mittleman, Leslie B.. Masterplots, Fourth Edition, November 2010, p1-4. (Work Analysis) Author Name: Dickens, Charles Tobin, Mary Ann. Critical Insights: Great Expectations, 2010, p55-67, 13p. (Literary Criticism) Whipple, Edwin P. â€Å"Reviews and Literary Notices: Great Expectations,† in the Alantic Monthly, Vol. VIII, No. XLVII, September, 1861, pp. 380-382.

Unfair Dismissal Problem Question

Unfair Dismissal Problem Question This question would be regarding on the areas of unfair dismissal, wrongful dismissal and whether Carmen could bring a claim under Employment Tribunal(ET) for her dismissals. Firstly, Carmen would need to fulfil the qualifications under ACAS to bring a claim. Carmen would need to proof that she is the employee of the hospital and had worked for the same employer for at least 2 years after 6th of April 2012. On the facts, she is a nurse who work in Mount Vernon Hospital, Wimbledon, London for the past 11 years. Next, she would then need to prove that she has ordinarily working within United Kingdom(UK) as per the case of Ravat v Halliburton Manufacturing and Services Ltd[1]. On the facts, she had worked in London which it is clearly within UK. Then she would then need to prove that she was not employed on an illegal contract and not under the exclusion of class which is the armed forces. On the facts, it is clear that she is employed lawfully as a nurse and she was not in the excluded class. Furthermore, she has the burden of proof to prove that she had been dismissed under s.95 of Employment Rights Act 1996(ERA).[2] On the facts, she had been summarily dismissed which is dismissal without notice as she was alleged to be breach in contract due to her drunkenness in work. Moreover, she would need to bring the claim by submitting a form of ET1 for her unfair dismissal claim to the Employment Tribunal nearest to her employer in 3 months from the effective date of termination of the employment contract. However, Carmen would also need to send her employer and her contact details to the The Advisory, Conciliation and Arbitration Service(ACAS) as they will attempt to conciliate within one month under s.7 of the Enterprise and Regulatory Reform Act 2013(ERRA) which came into force in April 2014. If it fails, then the officer will issue a certificate to this effect and Carmen would need this certificate to file the ET1 form. On the facts, the effective date of termination for Ca rmen would be the date of she received the summary dismissal letter as per s.97(1) of ERA. However, the employer would have a defence if the reasonableness for the dismissal could be justified. The burden of proof would then shift to the employer. The Mount Vernon Hospital would need to prove that they had honestly believe that the facts disclosed a fair reason at the time of dismissal of Carmen and there is no need for a positive proof that the offence has been committed as per Devis Sons Ltd v Atkins[3]. However, an evidence would be considered if it relates directly to the reason for the dismissal. There could be more than one reason but if one of the reasons cannot be substantiated, the employers defence would fail even if the other reasons are valid as per Smith v City of Glasgow DC[4]. On the facts, the Mount Vernon Hospital would argue that Carmens dismissal was due to her drunkenness at work which was witnessed by Kelly where she smells alcohol in Carmens breath and her speech was slurred. Thus, the test laid in the case British Home Stores v Burchell[5]would be discussed to determine the reasonableness for Carmens dismissal as it was a misconduct dismissal. It is a 3 steps test which includes whether the employer reasonable belief the misconduct, whether it is based on reasonable grounds and whether a reasonable investigation that has been carried out. Firstly, in Salford Royal NHS Foundation Trust v Roldan[6] where it follow the test laid down in Burchell, it was held that the proof of misconduct would not need to be irrefutable. On the facts, it could be argued that the Mount Vernon Hospital had reasonably belief that Carmen was drunk in her work as the proof was that the Kelly had witnessed the incident. Then, the Mount Vernon Hospital would need to show that the belief was based on a reasonable ground. On the facts, it could be argued that it was based on the fair ground of Carmens misconduct under s.98 of ERA 1996. Next, the employer would need to carry out reasonable investigation on the established facts as per Stuart v London City Airport[7]. However, on the facts, it was unclear whether there is a reasonable investigation for Carmens misconduct. An investigation is also required to be carried on employees defences as per Shrestha v Genesis Housing Association[8]. On the facts, it could be argued that the investigation was not clear enough as the Mount Vernon Hospital did not investigate the explanation provided by Carmen herself. Furthermore, Carmen had explained about her alcohol breath was due to the non-alcoholic wine and the slurred speech was due to the tiredness of working 12 hours for the past 5 days. However, this point was not taken by the Mount Vernon Hospital and they decided to just plainly believe the words of Kelly. The Code of Practice states that the employer should informed the employee formally in writing when there is a disciplinary matter and the employer should hold a meeting to discuss the matter as an employee is entitled for a fair hearing as per the case of Clark v Civil Aviation Authority[9]. Moreover, Carmen should also be informed that disciplinary action is being considered and the reasons for it as per Alexander v Bridgen Enterprises Ltd[10]On the facts, Carmen only received an invitation for a disciplinary meeting on but the reason of the meeting was not stated in the email. Even though the invitation was sent through an email, it would still be regarded as a form of in writing as per Wang v University of Keele[11]. Furthermore, the meeting should be held as soon as possible but there must be a sufficient time given to the employee to prepare his case. On the facts, it could be argued that there is not enough time given for Carmen as the meeting was held on the next day after th e incident. Other than that, the Mount Vernon Hospital must also allow Carmen to be accompanied by a companion to attend the meeting as per s.10 of Employment Relations Act 1999 and Stevens v University of Birmingham[12]. However, it was unclear whether that she was accompanied by someone to the meeting on the facts. Next, employee should be informed of the decision in writing and be informed of the opportunity of to appeal. On the facts, Carmen was informed of the decision by a letter and was informed of an opportunity of appeal. However, on the facts, Carmen thought that it was not worth appealing. The tribunal is also required to direct itself using the terms set out in s.98(4) of ERA 1996 which requires it to only consider the reasonableness of the employers conduct and not fairness to the employee. The tribunal would need to determine whether did the employer utilise a fair procedure and an employer is expected to observe a fair procedure open to a reasonable employer as per Polkey v Dayton Services Ltd[13]. A fair procedure guidance could be found in ACAS Code of Practice on Discipline Grievance 2015[14]. This test has been laid down by Lord Browne Wilkinson in Iceland Frozen Foods v Jones[15]which was also confirmed by P.O. v Foley[16]. Moreover, the tribunal would need to determine whether a reasonable employer might have adopted the same approach and reach to the same decision. The tribunal must not answer this question by substituting themselves for the employer. The substitution happens when the tribunal decide what would they have done if they were the employer. This approach has also been confirmed in Sainsburys Supermarkets Ltd v Hitt[17] where it was held that the test also question that whether the employers investigation into the suspected misconduct was a reasonable one in the circumstances. This test would still comply with the Article 8 of European Convention of Human Rights(ECHR) even though personal privacy might be invaded during the investigation as the traditional band of the test itself was compatible with the Article 8 in the case of Turner v East Midlands Trains[18]. On the facts, the investigation was not held thoroughly as stated above. Other than that, under s.98(4) of ERA 1996, it requires the employer to consider the merits or equity of the case. The employer would need to consider the employees length of service as per Strouthos v London Underground[19]. On the facts, the Mount Vernon Hospital clearly did not consider these factors of Carmen as she still has been dismissed even though she had worked in the hospital in the past 11 years and had a very good performance in her work. Furthermore, the Mount Vernon Hospital should also consider that whether the employee had acted consistently and whether is there a better alternative disciplinary action. On the facts, Carmen had a clean disciplinary record and there is no other similar incident happened after her misconduct. Hence, it could be submitted that Carmen had acted consistently as she had a good performance for the past 11 years as stated above but this was not considered by the Mount Vernon Hospital. Furthermore, it was held that in Diary Produce Packers Lt d v Beverstock[20] and Taylor v Alidair[21] that first offences of misconduct have to be very serious to justify the dismissal. On the facts, the Mount Vernon Hospital should have given a warning for her action instead of a dismissal as a better alternative. This is due to the severity of the reason of the dismissal, Carmen may not be employed by other employer in the future and this would affect her career. Other than that, Carmen may bring a claim under wrongful dismissal. A dismissal in breach of contract without notice or insufficient notice would be a wrongful dismissal. Wrongful dismissal is governed by common law action for breach of contract. It would be a wrongful dismissal if there is none or the notice period provided by the employer to employee is less than the minimum notice period under s.86 of ERA 1996. On the facts, a notice for Carmens dismissal was given by the Mount Vernon Hospital. However, the notice was given was less than the minimum notice period required. Hence, since Carmen had worked for the hospital for 11 years where she met the requirement of two years continuity, she would be entitled to 11 weeks with a maximum of 12 weeks of notice period. However, the Mount Vernon Hospital may argue that it was a summary dismissal as the is a repudiatory breach of contract by the Carmen. On the facts, it would be the gross act of misconduct where she was accused for being drunk during work. Hence, the Mount Vernon Hospital is entitled to dismiss her without any notice as they could argue that a serious act of negligence had been committed by Carmen which is being drunk during working time as per the case of Pepper v Webb[22]. However, Carmen would then argue that it was an alleged misconduct as she was not drunk at all as stated on the facts. Hence, if the ET held that there is no gross misconduct committed by Carmen or the misconduct was not so bad to be considered as gross, the Mount Vernon Hospital would then be held to be wrongfully dismissed Carmen as the notice given were less than statutory minimum notice period. In conclusion, in relation to the unfair dismissal claim, Carmen would be eligible to make a claim to ET. As stated above, it could be submitted that the Mount Vernon Hospital had unfairly dismissed Carmen due to the following reasons. Firstly, the Mount Vernon Hospital had failed to provide a fair procedure for the dismissal by failing to conduct a proper investigation and failed to give sufficient time for Carmen to prepare her case. Moreover, as stated above, the Mount Vernon Hospital would also fail the band of reasonable response test and failed to consider the merit and equity of the case under s.98(4) of 1996. The remedies available for Carmen in this issue would be reinstatement, reengagement, compensation of basic award, and compensatory award. On the facts, the maximum basic award of compensation that Carmen could claim would be  £5269 and it would be another 25% raise of the award due to the failure to follow the ACAS Code of Practice by the hospital. Other than that, sh e could also claim for a maximum compensatory award of  £78,962. However, the requirements for this which laid down in Norton Tool Co Ltd v Tewson[23] would be harder to be fulfilled by Carmen. Lastly, Carmen could also bring a claim under wrongful dismissal as there was an insufficient of notice period for her dismissal. The remedy available for Carmen for this issue would be to claim for a compensation with a maximum award of  £25,000 by bringing an action to employment tribunals for breach of contract. As stated above, a wrongful dismissal would be a breach of contract. [1] Ravat v Halliburton Manufacturing and Services Ltd [2012] UKSC 1 [2] Employment Rights Act 1996, s.95 [3] Devis Sons Ltd v Atkins [1977] AC 931 [4] Smith v City of Glasgow DC [1987] IRLR 326 [5] British Home Stores v Burchell [1978] IRLR 379 [6] Salford Royal NHS Foundation Trust v Roldan [2010] EWCA Civ 522 [7] Stuart v London City Airport Ltd [2013] EWCA Civ 973 [8] Shrestha v Genesis Housing Association [2015] EWCA Civ 94 [9] Clark v Civil Aviation Authority [1991] IRLR 412 [10] Alexander v Bridgen Enterprises Ltd [2006] UKEAT 0107_06_1204 [11] Wang v University of Keele [2011] IRLR 542 [12] Stevens v University of Birmingham [2015] EWHC 2300 (QB) [13] Polkey v Dayton Services Ltd [1987] AC 344 [14] ACAS, http://www.acas.org.uk/media/pdf/d/r/Discipline-and-grievances-Acas-guide.PDF , Discipline and grievances at work, accessed on 28 February 2017 [15] Iceland Frozen Foods v Jones [1982] ICR 17 [16] P.O. v Foley [2000] EWCA Civ 3030 [17] Sainsburys Supermarkets Ltd v Hitt [2003] EWCA Civ 1588 [18] Turner v East Midlands Trains [2012] EWCA Civ 1470 [19] Strouthous v London Underground [2004] EWCA Civ 402 [20] Diary Produce Packers ltd v Beverstock [1981] IRLR 265 [21] Taylor v Alidair [1978] IRLR 82 CA [22] Pepper v Webb [1969] 1 WLR 514 [23] Norton Tool Co Ltd v Tewson [1973] 1 All ER 183

Saying and Meaning :: Philosophy of Language

Saying and Meaning The burden of this essay will be to see how the words we utter bear meaning. We use speech to communicate our intentional attitudes to others. On this basis, I propose to treat meaning as that which is conveyed from a speaker to a listener. A simple model of the communication process will be used as follows. First, a speaker frames a sentence to convey an intentional attitude. Second a listener attends to the sounds and comes to a meaning. The essence of human communication is that the listener comes to understand the speaker’s meaning. Both speaker and listener accomplish their tasks by processes of which they are unaware because they are non-conscious brain processes. But these species-typical processes for encoding and decoding meanings result in the characteristic linguistic behaviours which we call speaking, listening, conversing, arguing and the rest. I shall maintain that to understand meaning we must not look at brain processes but at how we operate in the world using language. In moving to a conclusion I shall suggest that, in many cases, as Wittgenstein put it, ‘the meaning of a word is its use in the language.’ John Searle identifies two types of meaning in speech as sentence meaning or word meaning and speaker meaning. He defines sentence meaning as follows: Sentences and words have meanings as part of a language. The meaning of a sentence is determined by the meaning of the words and the syntactical arrangement of the words in the sentence. On this basis sentence meaning is the conventional meaning of the words as they are usually used in a lexical sense. Thus in the Case A below there is a clear meaning. A woman observes a couple leaving a party and comments to her partner, (Case A) Jim and his wife are leaving the (party*). The conventional or sentence meaning here is as follows; two people, a man (Jim) and his wife are leaving the social function (as opposed to a political party*). But even in this simple example, the bracketed information shows that the context of the utterance is important in enabling the listener to reach the meaning intended by the speaker. The speaker and listener are usually able to pick out the word meaning appropriate to the particular occasion. This use of language in everyday social contexts is what Wittgenstein refers to as ‘agreement in form of life.

Abortion - Denying the Undeniable Essay -- Argumentative Persuasive To

Denying the Undeniable      Ã‚   Grief after induced abortion is often more profound and delayed than grief after other perinatal losses. Grief after elective abortion is uniquely poignant because it is largely hidden. The post-abortion woman's grief is not acknowledged by society because the reality of her child's death is not acknowledged. In order to gain her consent for the abortion she has been told that the procedure will remove a "blob of tissue" a "product of conception", or a "pre-embryo." She has been assured that her "problem will be solved" and that she will be able to "get on with her life" as though nothing significant had happened. Yet the pregnant woman knows by the changes in her body that something very significant is happening to her: her menses have stopped, her breasts are enlarging, she is sick in the morning (or all day long), and she knows that the process which has begun in her will most likely result in the birth of a baby in nine months time if allowed to run its course. She is aware of the expected date of delivery and she has often thought of a name for her baby as she has begun to picture the child as he or she would be at birth (Bonding begins very early in pregnancy.). All of these feelings and fantasies about her pregnancy must be denied in order to undergo an elective abortion. The pregnant woman is asked to deny the fact that she is carrying a child at all!    Theresa Bonopartis relates her true story in her book, Divine Mercy In My Soul:    I could feel the baby thrashing around as his skin and lungs were burned by the saline. He was dying. Labor began. After twelve hours of labor, alone in the room, I gave birth to a dead baby boy. I looked at his tiny feet and hands. All... ...hat they have committed 'the unforgivable sin' and fear God's anger.    Women who have had an abortion often have many questions, the answers to which are indispensable to beginning the healing journey. Can God ever forgive me? Can my child? Can I ever forgive myself? Will the Church let me stay when I confess this sin? Will this horrible pain ever go away? Is healing possible? The answer to all these questions is, of course, YES!    WORKS CITED    "Aftermath." http://www.hopeafterabortion.com/hope.cfm?sel=A31Q    Bishops, US Catholic. "Bishops' Official Notes Coverage of Post-Abortion Program." http://www.nccbuscc.org/comm/archives/00-084.htm    Bonopartis, Theresa. Divine Mercy In MY Soul. http://www.hopeafterabortion.org/hope.cfm?sel=C18L    "Stories of Healing." http://www.hopeafterabortion.com/hope.cfm?sel=JHY7

Ethical Theories Essay

A virtue is a trait of a certain person that is valued as being good from a particular point of view and answers the question of what actions are moral and what are not. Also, morality is the basis of being ethically correct and good. There had been several different ethical theories that exist in the society and each having different standards or basis for morality. One of the well known theories in the contemporary time in the field is virtue ethics which is one of the 3 major normative ethics approaches.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Virtue ethics originated in the ancient Greek times that takes inspiration from the works of the Greek philosopher, Aristotle while other theories in virtue ethics also incorporate elements from the works of Hume, Plato, Aquinas and as well as Nietzsche. Basically, virtue ethics gives importance on the character of a person.   Thus, it is the character of a person that is the key element and the basis of being good or morally correct rather than laws/rules or even the consequences or outcome brought about by a particular action.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   According to virtue ethics, we should look at the character of a person rather than his or her duties and actions. It is how one can be better person that is given emphasis rather than the right thing to do. It is easy to live a virtuous life according to Aristotle and that the main reason for those who do so is to be happy. Thus, a virtuous life gives happiness which is the main or ultimate goal of every human being according to virtue ethics.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   In order to become a better person, virtue ethics suggest that one must practice virtuous acts on a regular basis. These acts will eventually become habitual and thus, making the habit of doing such acts as a natural day to day activity which in the long run, will make the person a better being. Thus, the ultimate aim of the particular person is to make people happy. Virtue ethics suggests that a person living a virtuous life will eventually do virtuous things not only to be happy but as well as to make people happy which in turn will be their main objective and goal in life of a virtues person.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Virtue ethics also assumes that all humans have capacities that are inherited and that, as stated earlier, actions that could improve these capacities are considered as ethical and those that hinder the improvement of these capacities are not, that is, if an action is able to develop the potential of the particular person, it is the morally right thing to do and otherwise, morally wrong. These, inherited potentials, according to ethical theories are wisdom and intelligence and so, in order to live a virtues life, we must be able to develop our wisdom and intelligence. Thus, rather than trying to define goodness or righteousness, improving one’s character is given the importance and is the basis of ethically good actions and is virtue ethics’ central theme.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚     By giving emphasis on the person’s being rather than actions, virtue ethics aims to achieve something that is genuinely wanted by the person rather than focusing on the incoherent ideas about the after-life which are found to be arguable. It is said that virtue ethics is applicable to all, can easily be understood and fits into both dos and don’ts of philosophies and as well as religion. Therefore, it is like a combination of both religion and philosophy.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Every ethical theory suggests standards of morality and according to virtue ethics, right actions are the results of being a moral person. It is by becoming a moral person that we will eventually know what actions are righteous from what are wrong and thus, we flourished as human beings. Virtue ethics also suggests that virtue is an important and admirable human characteristic just as courage and kindness. Virtue ethics also suggests that a good society is a result and accomplishments of virtuous people in that particular community. Thus, it can be said the virtue ethics is far more different than other ethical theories present such as Consequentialism that focuses on the results of a certain actions or Deontology that focuses on certain rules and duties of every individual as set by the society. Consequentialism would ask what actions will bring the most benefit and the least harm to the persons that are involved and will be affected by the action. On the other hand, Deontology will ask what actions are approved by the society and that are accordance to the moral rules or laws as dictated by the society or culture. Still, as mentioned earlier, virtue ethics does not focus on the action itself or on the result of that action or even in the set of rules that are present in the society but rather, on the character of the person involved in making the decision. By evaluating the points of these ethical theories, it can be said that all have their own strength and as well as weak points when it comes to decision making and one cannot be considered as superior to the other. Still, taking either side will also be dependent on the points of view of the person making the decision.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   One problem with virtue ethics is that it is mostly not applicable or of little help to persons who are facing dilemma. The same thing also goes for Consequentialism and Deontology.   If for example, you can save a friend by lying to a certain person or group, would lying be the action by a virtuous man or is it considered as a simple lie that a virtuous man should avoid? In this case, it can be said that virtue ethics cannot be applied and does not help the person in making a decision.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Another problem faced by virtue ethics is that it cannot justify a certain problem for doing so would require a basis of what is moral. In this case, the decision on which virtues are considered morally correct and which are not are has to be made which is definitely a hard thing to do. Thus justifying certain actions based on what virtues are moral and what are not are still a big question.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   On the other hand, it can also be said that the one of the distinct strength of virtue ethics is that it gives emphasis on the connection between our characters and our acts. It also views our character as whole and unified rather than treating each as isolated when it comes to making ethical decisions. Thus, a person’s virtue is considered as a totality and not as fragment of different aspects and that one character/trait is not isolated from the other. Thus, virtue ethics looks at the individual, something that most ethical theories fail to do.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   There is no absolute theory that exists in which all will agree that it is definitely the right standard of living a virtuous life. Thus, every theory has its own critique and opponents. This is because of the difference in the experiences, knowledge and points of view of every individual, being unique in different ways. Thus, an ultimate theory can never really exist. The actions that must be taken by every individual defends on both his or her experiences and values together with the situation at hand and no theory will be able to solely suggest what ought to be and not be done. Therefore, decision making is not just a matter of theories and principles but of experiences, knowledge of the situation and of the people involved and the complete being of a person making the decision. Reference Stanford Encyclopedia of Philosophy. (2000). Virtue Ethics. Retrieved April 28, 2008   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   from http://plato.stanford.edu/entries/ethics-virtue/#3