Pierre Menard, Author of the Quixote Study Guide

Written by experimental author Jorge Luis Borges, Pierre Menard, Author of the Quixote does not follow the format of a traditional short story. While a standard 20th-century short story describes a conflict that builds steadily towards a crisis, climax, and resolution, Borgess story imitates (and often parodies) an academic or scholarly essay. The title character of Pierre Menard, Author of the Quixote is a poet and literary critic from France-and is also, unlike a more traditional title character, dead by the time the story begins. The narrator of Borgess text is one of Menards friends and admirers. In part, this narrator is moved to write his eulogy because misleading accounts of the newly-deceased Menard have begun to circulate: Already Error is attempting to tarnish his bright Memory†¦ Most decidedly, a brief rectification is imperative (88). Borgess narrator begins his rectification by listing all of the visible lifework of Pierre Menard, in proper chronological order (90). The twenty or so items on the narrators list include translations, collections of sonnets, essays on intricate literary topics, and finally a handwritten list of lines of poetry that owe their excellence to punctuation (89-90). This overview of Menards career is the preface to a discussion of Menards single most innovative piece of writing. Menard left behind an unfinished masterpiece which consists of the ninth and thirty-eighth chapters of Part I of Don Quixote and a fragment of Chapter XXII (90). With this project, Menard didnt aim to merely transcribe or copy Don Quixote, and he didnt attempt to produce a 20th-century updating of this 17th-century comic novel. Instead, Menards admirable ambition was to produce a number of pages which coincided-word for word and line for line with those of Miguel de Cervantes, the original author of the Quixote (91). Menard achieved this re-creation of the Cervantes text without really re-creating Cervantess life. Instead, he decided that the best route was continuing to be Pierre Menard and coming to the Quixote through the experiences of Pierre Menard (91). Although the two versions of the Quixote chapters are absolutely identical, the narrator prefers the Menard text. Menards version is less reliant on local color, more skeptical of historical truth, and on the whole more subtle than Cervantess (93-94). But on a more general level, Menards Don Quixote establishes and promotes revolutionary ideas about reading and writing. As the narrator notes in the final paragraph, Menard has (perhaps unwittingly) enriched the slow and rudimentary art of reading by means of a new technique the technique of deliberate anachronism and fallacious attribution (95). Following Menards example, readers can interpret canonical texts in fascinating new ways by attributing them to authors who didnt actually write them. Background and Contexts Don Quixote and World Literature: Published in two installments in the early 17th century, Don Quixote is regarded by many readers and scholars as the first modern novel. (For literary critic Harold Bloom, Cervantes’s importance to world literature is rivaled only by Shakespeare’s.) Naturally, Don Quixote would have intrigued an avant-garde Argentine author like Borges, partially because of its impact on Spanish and Latin American literature, and partially because of its playful approach to reading and writing. But there is another reason why Don Quixote is especially appropriate to â€Å"Pierre Menard†Ã¢â‚¬â€because Don Quixote spawned unofficial imitations in its own time. The unauthorized sequel by Avellaneda is the most famous of these, and Pierre Menard himself can be understood as the latest in a line of Cervantes imitators. Experimental Writing in the 20th Century: Many of the world-famous authors who came before Borges crafted poems and novels that are built largely of quotations, imitations, and allusions to earlier writings. T.S. Eliot’s The Waste Land—a long poem that uses a disorienting, fragmentary style and draws constantly on myths and legends—is one example of such reference-heavy writing. Another example is James Joyce’s Ulysses, which mixes bits of everyday speech with imitations of ancient epics, medieval poetry, and Gothic novels. This idea of an â€Å"art of appropriation† also influenced painting, sculpture, and installation art. Experimental visual artists such as Marcel Duchamp created â€Å"ready-made† artworks by taking objects from everyday life—chairs, postcards, snow shovels, bicycle wheels—and putting them together in strange new combinations. Borges situates â€Å"Pierre Menard, Author of the Quixote† in this growing tradition of quotation and appropriation. (In fact, the final sentence of the story refers to James Joyce by name.) But â€Å"Pierre Menard† also shows how the art of appropriation can be taken to a comical extreme and does so without exactly lighting earlier artists; after all, Eliot, Joyce, and Duchamp all created works that are meant to be humorous or absurd. Key Topics Menard’s Cultural Background: Despite his choice of Don Quixote, Menard is mainly a product of French literature and French culture—and makes no secret of his cultural sympathies. He is identified in Borges’s story as a â€Å"Symbolist from Nà ®mes, a devotee essentially of Poe—who begat Baudelaire, who begat Mallarmà ©, who begat Valà ©ry† (92). (Though born in America, Edgar Allan Poe had an enormous French following after his death.) In addition, the bibliography that starts off â€Å"Pierre Menard, Author of the Quixote† includes â€Å"a study of the essential metrical rules of French prose, illustrated with examples taken from Saint-Simon† (89). Oddly enough, this ingrained French background helps Menard to understand and re-create a work of Spanish literature. As Menard explains, he can easily imagine the universe â€Å"without the Quixote.† For him, â€Å"the Quixote is a contingent work; the Quixote is not necessary. I can premeditate committing it to writing, as it were—I can write it—without falling into a tautology† (92). Borges’s Descriptions: There are many aspects of Pierre Menard’s life—his physical appearance, his mannerisms, and most of the details of his childhood and domestic life—that are omitted from â€Å"Pierre Menard, Author of the Quixote†. This is not an artistic flaw; in fact, Borges’s narrator is fully conscious of these omissions. Given the opportunity, the narrator consciously backs away from the task of describing Menard, and explains his reasons in the following footnote: â€Å"I did, I might say, have the secondary purpose of drawing a small sketch of the figure of Pierre Menard—but how dare I compete with the gilded pages I am told the Baroness de Bacourt is even now preparing, or with the delicate sharp crayon of Carolus Hourcade?† (90). Borges’s Humor: â€Å"Pierre Menard† can be read as a send-up of literary pretensions—and as a piece of gentle self-satire on Borges’s part. As Renà © de Costa writes in Humor in Borges, â€Å"Borges creates two outlandish types: the adulating critic who worships a single author, and the worshiped author as a plagiarist, before ultimately inserting himself into the story and rounding things out with a typical self-parody.† In addition to praising Pierre Menard for questionable accomplishments, Borges’s narrator spends much of the story criticizing â€Å"Mme. Henri Bachelier,† another literary type who admires Menard. The narrator’s willingness to go after someone who is, technically, on his side—and to go after her for rather obscure reasons—is another stroke of ironic humor. As for Borges’s humorous self-criticism, de Costa notes that Borges and Menard have strangely similar writing habits. Borges himself was known among his friends for â€Å"his square-ruled notebooks, his black crossings-out, his peculiar typographical symbols, and his insect-like handwriting† (95, footnote). In the story, all of these things are attributed to the eccentric Pierre Menard. The list of Borges stories that poke gentle fun at aspects of Borges’s identity—â€Å"Tlà ¶n, Uqbar, Orbis Tertius†, â€Å"Funes the Memorious†, â€Å"The Aleph†, â€Å"The Zahir†Ã¢â‚¬â€is considerable, though Borges’s most extensive discussion of his own identity occurs in â€Å"The Other†. A Few Discussion Questions How would â€Å"Pierre Menard, Author of the Quixote† be different if it centered on a text other than Don Quixote? Does Don Quixote seem like the most appropriate choice for Menard’s strange project, and for Borges’s story? Should Borges have focused his satire on a totally different selection from world literature?Why did Borges use so many literary allusions in â€Å"Pierre Menard, Author of the Quixote†? How do you think Borges wants his readers to react to these allusions? With respect? Annoyance? Confusion?How would you characterize the narrator of Borges’s story? Do you feel that this narrator is simply a stand-in for Borges, or are Borges and the narrator very different in major ways?Are the ideas about writing and reading that appear in this story totally absurd? Or can you think of real-life reading and writing methods that recall Menard’s ideas? Note on Citations All in-text citations refer to Jorge Luis Borges, Pierre Menard, Author of the Quixote, pages 88-95 in Jorge Luis Borges: Collected Fictions (Translated by Andrew Hurley. Penguin Books: 1998).

Essay on The Gothic Genre and What it Entails - 6177 Words

The invaluable works of our elder writers re driven into neglect by frantic novels, sickly and stupid German Tragedies, and deluges of idle and extravagant stories in verse. The human mind is capable of being excited without the application of gross and violent stimulants.. William Wordsworth, Preface to The Lyrical Ballads, 1802. ..Phantasmagoric kind of fiction, whatever one may think of it, is not without merit: twas the inevitable result of revolutionary shocks throughout Europe thus to compose works of interest, one had to call on the aid of Hell itself, and to find things familiar in the world of make believe.. Marquis (Donatien Alphonse) de Sade, Reflections on the Novel.,†¦show more content†¦It was not until around 1960 that academics like Robert Hume rose to its defence. (Maybe its renewed popularity was something to do with the very unique socio-political situation in the 1960s echoing a the unique situation of the late eighteenth century, the heyday of the genre.) Since then there has been a deluge of commentary which has elevated the genre to a critical and scholarly favourite. It is often said that one of the unifying features of Romanticism is its intentional political relevance. Much of the canonical Romantic literature is inspired or informed by socio-political events. We need only look at Blakes work or key poems by second generation Romantics like Shelleys Ode to the West Wind or The Mask of Anarchy to verify this. The same is true of Romantic Gothic which arose around that unique period in European history posthumously defined by the French Revolution but significant for its trans-European massive cultural and social upheaval indicated in part by repeated rioting in Britain (Lowe, vii) and a widespread clamour for various reforms. Victor Sage writes, English Gothick of the eighteenth century is seen as a collective symptom of political pressure felt all over Europe. 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Why World Cinema Is an Important Topic to Study Free Essays

WhyWhy world Cinema is an important topic to study? Third Cinema is a very different topic to the rest of the syllabus topics; this will allow us to broaden our viewing range and develop our own film interest. Popular Hollywood films are usually number one choice, when it comes to choosing films as there is a limited number of choice and verity within the small section provided that under world cinema. Unless you have knowledge in the industry and about the films you are searching for, it becomes a challenge to find something suitable for your interests. We will write a custom essay sample on Why World Cinema Is an Important Topic to Study or any similar topic only for you Order Now Studying ‘Global Cinema’ will expand our knowledge on the 10% of films that do not fall under that category of Hollywood films. Although Hollywood films have a much higher success rate, it will not always have a new creative plot or narrative. Similar article: Pestle Analysis for Odeon Cinema Where-as world cinema films challenges Hollywood films within creativity by exploring different structures etc. Although there are some difficulties we will face whilst trying to study specific films such as the language barrier, variations in culture, different sense of humour and sometimes words, sayings or puns will be lost in translation. However we will be able to gain information about various cultures and country of origin and their industries, different ways techniques and styles of films. There is no such thing as a typical world cinema film, as it is a collective term used for all manner of films from different national cinema and therefore there a wide range of genre within world cinema to be explored to be able to suit various interests. World cinema is unique and differs from predictable mass culture. Which is often something neglected, undervalued or misunderstood as Hollywood has ‘power’ when it comes to the film industry therefore films from around the world have categorised by the fact they are not Hollywood films rather than genre based. Hollywood films often have similar plot points or nothing ‘new’ about their style of films. There are some national cinema films which have been remade by Hollywood. A classic example of ‘Hollywood remakes’ is the original Internal Affairs (1990, Mike Figgis) this film was an initial success within its origin country however it became a global success after Hollywood remade this film with an all-star cast, produced by Brad Pitt. In conclusion it is important to study world cinema films is to be able to expand our knowledge as it is often not discussed. Hollywood films do not always provide us with unique creative films that challenges against the conventional way in which film is portrayed through Hollywood. This will give us a new film experience whilst learning about new culture and the country of origin. How to cite Why World Cinema Is an Important Topic to Study, Essay examples

Liberal Arts Persuasive Essay Example For Students

Liberal Arts Persuasive Essay As a result, students are gradually becoming less interested in Liberal Arts. People have chosen Science subjects over Art subjects because they believe that less intelligent students study arts, getting a good job is difficult in the arts field, and they are not willing to commit the time and money needed to study arts. In the article The Liberal Arts: Preserving Humanity, Jennifer Urbane talks about how Liberal Arts has lost popularity due to peoples increased interest in modern activities, She also talks about how people want to get rid of Liberal Arts courses and focus on areas of study that lead to careers with a high paying salary. She then expands on what has lead to the decline to liberal art studies and it gaining a negative reputation (1-4). In Stanley Ashs article, The Last professor, he states that people are being nave to assume that the liberal art crisis is a short term discrepancy. He talks about how this has been happening for a long time and that eve are unable to stop from happening. Stanley than goes on to talk about how timing is a great issue when studying liberal arts and how being born too late or too early is a factor (1-2). ;;;; The first reason that Iberia arts have been decreasing in popularity and facing a disaster is due to the people being money-oriented. Therefore individuals are always trying to study a course that Will enable them to get a well paying job in the future, Which causes them not to follow their dreams. The terrible stereotype of the starving artist has lead to frighten people to do so (Urbane I). In todays world people value being rich more than having an education in a field of their interest. People generally go into fields that have higher salaries and not study for the sake of being passionate and interested in the subject. I had a friend who was actually planning to major in women studies but after doing research and communication she had change her mind as she was afraid of not having a solid cushioning career to fall back on (Urbane 2). Even though woman studies help develop critical thinking and writing skills they still have limited job opportunities in the future. The second reason for lost interest in liberal arts is the fact that it is more time consuming and expensive than majoring in other fields. People no longer bothering Liberal Art subjects such as Philosophy, Sociology and Dance (Urbane 2). Those who gain a degree in humanities have spent more time and money than students who have achieved a degree in Science, and are considered to be wasting time upon dead languages (Carnegie CTD. In Fish). Also some liberal arts subjects require costly investments on equipments even before you can have any sort of education. Therefore only people who plan their college experience according to their own interest are continuing with the study of liberal arts (Urbane 2). The last reason why liberal arts are being ignored is due to the fact that they are underestimated compared to Other majors. Nowadays, people Who study Liberal arts are assumed to not be as intelligent as students who are in science or business majors. For example, in my case, my parents and relatives were very proud that I was studying to become a mechanical engineer. It always made me wonder if they would feel the same way if had decided to major in humanities. @Len Iran students have to choose when entering high school if they want to major in Science, Business or Arts. The majority of the students go for the sciences even if they do not have any interest in this field. This is due to the pressure the family exerts on them. This had lead to a lot of problems since majority of them end up not getting into university due to the high competition in this field. Therefore many to them end up being uneducated even though these students have a special aptitude for liberal arts. .u513fe0e88afd630f9b877d4e8cebaeca , .u513fe0e88afd630f9b877d4e8cebaeca .postImageUrl , .u513fe0e88afd630f9b877d4e8cebaeca .centered-text-area { min-height: 80px; position: relative; } .u513fe0e88afd630f9b877d4e8cebaeca , .u513fe0e88afd630f9b877d4e8cebaeca:hover , .u513fe0e88afd630f9b877d4e8cebaeca:visited , .u513fe0e88afd630f9b877d4e8cebaeca:active { border:0!important; } .u513fe0e88afd630f9b877d4e8cebaeca .clearfix:after { content: ""; display: table; clear: both; } .u513fe0e88afd630f9b877d4e8cebaeca { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .u513fe0e88afd630f9b877d4e8cebaeca:active , .u513fe0e88afd630f9b877d4e8cebaeca:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u513fe0e88afd630f9b877d4e8cebaeca .centered-text-area { width: 100%; position: relative ; } .u513fe0e88afd630f9b877d4e8cebaeca .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u513fe0e88afd630f9b877d4e8cebaeca .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u513fe0e88afd630f9b877d4e8cebaeca .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .u513fe0e88afd630f9b877d4e8cebaeca:hover .ctaButton { background-color: #34495E!important; } .u513fe0e88afd630f9b877d4e8cebaeca .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u513fe0e88afd630f9b877d4e8cebaeca .u513fe0e88afd630f9b877d4e8cebaeca-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u513fe0e88afd630f9b877d4e8cebaeca:after { content: ""; display: block; clear: both; } READ: Essay about Impact of Cyber Security Vulnerability on Organizations EssayIn conclusion, the decrease in study of liberal arts looks serious even though humanities professors like to think that this is a temporary imbalance and talk about ways of redressing it (Fish 1). The recent education system has shown that interest in liberal arts is neglected even though it helps provide intellectual flexibility, skills in self expression, ND a universal understanding of diversity (Urbane 2-31 Once upon a time notable scholars were studying the arts, reading and writing about history and sociology, understanding the world through education. We should be thankful for the developments Science and Business have brought to our world but is it worth loosing What was once important? Science and Business progressions hue brought efficiency and effectiveness into our lifestyles which people are now incorporating into their education programs. Rather than devoting a life time to perfecting their understanding of subject students are choosing to study what hey are not interested in to save time and money.

The Crusades free essay sample

This paper looks at the history of the Crusades during the Middle Ages, the military campaigns, the religious factors, the leaders, and the brutality. This paper provides an in depth history of the medieval Crusades, and reviews James Reston Jr.s book on the Crusades, Warriors of God: Richard the Lionheart and Saladin in the Third Crusade. The author discusses the brutal and savage events of the three Christian expeditions to the Holy Land between 1095 and 1192, and the two most famous leaders in the final campaign, Richard the Lionheart, monarch of England, and Saladin, the Moslem conqueror. James Reston Jrs Warriors of God: Richard the Lionheart and Saladin in the Third Crusade presents the Crusades as he sees it. In the past the books that present the Crusades have managed to create a glamorous and romantic image of a war that caused destruction for years. The book relates events in a manner that we realize that the crusades were among the most destructive wars on earth. We will write a custom essay sample on The Crusades or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page In the name of God and civilization, massive expeditions created havoc on earth. Three Christian expeditions to the Holy Land between 1095 and 1192, took place each of which was cruel to any person that stood between the crusaders and the recovery of their religious shrines from Islam especially those in Jerusalem . Reston clearly states that there was nobility involved nor was there even a hint of romance. The Crusades were just a massive butchering of people regardless, of caste, creed or race.

Berlin Brandenburg Airport Project To Report To The Project Board And Critical Reflections On The Role Of Being A Project Manager The WritePass Journal

Berlin Brandenburg Airport Project To Report To The Project Board And Critical Reflections On The Role Of Being A Project Manager Executive Summary Berlin Brandenburg Airport Project To Report To The Project Board And Critical Reflections On The Role Of Being A Project Manager )..   This will help to ensure that the project is implemented in light of the lessons which have been learnt far.   The most important lessons which have been learned so far should be considered at the next Project Board meeting.   These have been identified by reviewing the project’s progress to date (BBC, 2013; Local, 2013).   Therefore the lessons that need to be considered are: The importance of maintaining ongoing communication with all stakeholders (Wang and Huang, 2006). The importance of contingency planning (Anderson and Grude, 2009). The importance of feasibility studies and the appraisal of various management systems e.g. for fire safety or for baggage transportation (Kerzner, 2012) (based on BBC, 2013; Local, 2013). At the next Project Board meeting each of these three factors should be considered, as each one has had a detrimental effect on the project to date (BBC, 2013; Local, 2013). The Board should consider how ongoing communication is managed with stakeholders, as to date the project failures have been widely published (BBC, 2013; Local, 2013).   This has led to concerns being raised over the project’s implementation and the capabilities of the project team (BBC, 2013; Local, 2013).   Its well documented that stakeholder engagement is a key factor which may affect a project’s success or failure (see as an example; Phillips et.al. 2012; Wang and Huang, 2006; Yuan et.al. 2009).   Therefore, it is imperative that the Board considers the ongoing stakeholder engagement and seek to learn from our recent experiences. Additionally, another important factor that the Board should consider is the implementation of contingency planning for the remainder of the project.   To date, a number of technical issues have arisen, however due to the lack of contingency planning in the early stages of the project the costs have now risen and the delivery timeline has increased (BBC, 2013; Local, 2013).   If contingency planning was utilised in the early stages of this project it is more likely that it could have been delivered (Thamhain, 1986) in line with the programme and on budget with the required quality standards (Anderson and Grude, 2009). Furthermore, another important lesson that the Board should consider is the importance of undertaking feasibility studies (Soderlund, 2002) and the appraisal of various management systems e.g. for fire safety or for baggage transportation.   To date, the delays in this project have stemmed from critical systems failures (Kerzner, 2012).   The importance of undertaking meaningful feasibility studies to achieve project success is well documented (see as an example: Mackenzie and Cusworth, 2007; McNulty, 2004).   Therefore, to ensure that these problems do not arise again, it is imperative that the Project Board seeks to review and plan how feasibility studies will be conducted for the remaining duration of this project. Each of these factors and the impacts that they have had on the project’s implementation to date (BBC, 2013; Local, 2013) must be considered by the Project Board at their next meeting (Anderson and Grude, 2009).   If these issues are considered, discussed and plans are implemented to seek to redress these (in line with the recommendations that have been outlined for each one above) it is possible that the project will be delivered within the revised programme, to budget whilst meeting the quality standards that are necessary (Mackenzie and Cusworth, 2007; McNulty, 2004).   This is imperative to seek to ensure that no more delays are caused by the project team and to ensure that the costs and project programme do not need to be increased further (Thamhain, 1986), as this will have a detrimental impact on how our stakeholders view the project. 4. Critical Reflections of the Role of a Project Manager Project managers need to have a variety of skills in order to successfully implement projects in a variety of settings.   The key skills that are pertinent to them being able to attain success are as follows: Be organised (Frame, 1999) Be able to multi-task (Kerzner, 2013) Being able to prioritise (Atkinson, 1999) Be able to disseminate information clearly (El-Sabaa, 2001) Be a leader of people (Pinto and Trailer, 1998) Be able to foresee issues and seek to mitigate them (Kerzner, 2003) Be able to understand costs and predict when these may increase. Be able to plan a project and manage its programme (Brown, 2000) Be able to engage stakeholders positively (Verma, 1996) Understand and communicate priorities so that the project team delivers on time (El-Sabaa, 2001). Be aware of quality standards and ensured that they are adhered to throughout the project (Atkinson, 1999) Each of these factors affects the successful implementation of projects (Kerzner, 2013).   To date, many of these skills have been learnt from practically implementing projects, as project manager’s gain experience through undertaking these their skills improve (El-Sabaa, 2001).   Through my experience, I have already gained many of these skills.   However, it is necessary for me to improve my communication and engagement skills as most of the work that I have undertaken has been away from relevant stakeholders or insider my project team.   Therefore, it would be useful to engage with some external stakeholders so that I could enhance my communication and engagement skills in practice (Brown, 2000). 5.Conclusion In conclusion, this report was compiled to seek to inform the project board of how our stakeholders may be perceiving delays which have arisen during the Brandenburg Airport project (BBC, 2013).   A number of solutions have been provided for the Project Board to consider.   It is hoped that the implementation of these will enable the project to be completed to quality standards, on time and to budget. 6. References Andersen, E. S., Grude, K. (2009).  Goal directed project management: effective techniques and strategies. Kogan Page. Atkinson, R. (1999). Project management: cost, time and quality, two best guesses and a phenomenon, its time to accept other success criteria. International journal of project management,  17(6), 337-342. BBC (2013) Troubled Berlin airport opening delayed yet again.   Available from bbc.co.uk/news/world-europe-20936798.  Ã‚   (Accessed 05/05/2013) Bourne, L., Walker, D. H. (2005). Visualising and mapping stakeholder influence.  Management Decision,  43(5), 649-660. Bourne, L., Walker, D. H. (2008). Project relationship management and the Stakeholder Circleâ„ ¢.  International Journal of Managing Projects in Business,  1(1), 125-130. Brown, K. A. (2000). Developing project management skills: A service learning approach.  Project Management Journal,  31(4), 53-58. El-Sabaa, S. (2001). The skills and career path of an effective project manager.  International journal of project management,  19(1), 1-7. Frame, J. D. (1999).  Project management competence: Building key skills for individuals, teams, and organizations  (p. 232). Jossey-Bass. Hillman, A. J., Keim, G. D. (2001). Shareholder value, stakeholder management, and social issues: whats the bottom line?  Strategic management journal,  22(2), 125-139. Karlsen, J. T., Grà ¦e, K., Massaoud, M. J. (2008). Building trust in project-stakeholder relationships.  Baltic Journal of Management,  3(1), 7-22. Kerzner, H. (2003).  Advanced project management: Best practices on implementation. Wiley. Kerzner, H. (2012).  Project management case studies. Wiley. Kerzner, H. (2013).  Project management: a systems approach to planning, scheduling, and controlling. Wiley. The Local (2013) Now Berlin Airport won’t open before 2015.   Available from thelocal.de/national/20130117-47393.html#.UYXds7WTiio (Accessed 05/05/2013) Mackenzie, W., Cusworth, N. (2007, June). The use and abuse of feasibility studies. In  Proceedings of the Project Evaluation Conference  (pp. 1-12). McNulty, T. P. (2004). Minimization of delays in plant start-ups. In  Improving and Optimizing Operations: Things That Actually Work! Plant Operators’ Forum 2004  (pp. 113-120). Neufville, R.D. Odoni, A.R., (2003). Airport systems, McGraw-Hill Professional. Phillips, J. J., Bothell, T. W., Snead, G. L. (2012).  The project management scorecard. Routledge. Rhoades, D.L., Jr, B.W. Young, S., (2000). Developing a quality index for US airports. Managing Service Quality, 10(4), 257 262. Sarkis, J., (2000). An analysis of the operational efficiency of major airports in the United States. Journal of Operations Management, 18(3), 335-351. Sarkis, J. Talluri, S., (2004). Performance based clustering for benchmarking of US airports. Transportation Research Part A: Policy and Practice, 38(5), 329-346. Sà ¶derlund, J. (2004). Building theories of project management: past research, questions for the future.  International journal of project management,  22(3), 183-191. Thamhain, H. J., Wilemon, D. L. (1986). Criteria for controlling projects according to plan.  Project Management Journal. PN11. Drexcll Hill. PA. Upham, P.J., (2003). Towards sustainable aviation, Earthscan. Verma, V. (1996, January). The human aspects of project management: human resource skills for the project manager, volume two. Project Management Institute. Wang, X., Huang, J. (2006). The relationships between key stakeholders’ project performance and project success: Perceptions of Chinese construction supervising engineers.  International Journal of Project Management,  24(3), 253-260. Yuan, J., Skibniewski, M. J., Li, Q., Zheng, L. (2009). Performance objectives selection model in public-private partnership projects based on the perspective of stakeholders.  Journal of Management in Engineering, 26(2), 89-104.

Telecommunications Industry-Marketing of Vodafone Essay

Telecommunications Industry-Marketing of Vodafone - Essay Example From this discussion it is clear that the main products of the company as well as its main marketing activities, their evolution over time and the major hurdles in this regard are evaluated. Moreover, how they are successful in their decision making are also evaluated. The organization of the essay is as follows. Section 2 discusses the company in detail including its products and services and its mission and vision. Section 3 discusses the orientation of the company towards marketing including the attitude towards marketing, its evolution over time and the major barriers for the company to be faced. Section 4 discusses the  Ã‚   marketing research activities of Vodafone for the decision making purpose and its evaluation. Section 5 concludes the essay.As the paper highlights  Vodafone is one of the most famous mobile companies in the telecommunication industry with its headquarters at United Kingdom. The company has branches all over the world mainly focused in Europe.  It has been growing very fast in the last two decades with its financial performance increasing significantly. The main products of the company include web.  The main products of the company include web box and two varieties of Vodafone.  The main services of the company include business solutions, personal solutions, marketing solutions, personal ideas and mobile solutions. The main markets of this company include Europe, Middle East, Asia Pacific, Africa and the United States.... Section 5 concludes the essay. 2. The company Vodafone is one of the most famous mobile companies in the telecommunication industry with its headquarters at United Kingdom. The company has branches all over the world mainly focused in Europe (Vodafone, 2011a).It has been growing very fast in the last two decades with its financial performance increasing significantly (Vodafone, 2011b). The main products of the company include web box and two varieties of Vodafone. Moreover, the products include handsets, smart phones, voice and messaging services, and branded handsets. The main services of the company include business solutions, personal solutions, marketing solutions, personal ideas and mobile solutions (Vodafone, 2011).The main markets of this company include Europe, Middle East, Asia Pacific, Africa and the United States. The mission of the company is to become the world leader in telecommunications industry .The vision includes leading the telecommunications industry in response to public concerns like mobile phones, masts and health. The primary goals of the company include driving operational performance, pursuing growth opportunities in total communications, execution in emerging markets and strengthening market discipline. All these are aimed at the main objective generation of free cash flow. Accelerated customer growth and immediate geographic expansion had been the two guiding factors behind the company’s success. Based on these, the next section discusses the attitude of the company towards marketing and its evolution over time. The main barriers and challenges for the company are also shown below. 3. Orientation towards Marketing The company tries to retain its image in markets already existing as well as uses celebrities like David

NJ Landfill Essay Example | Topics and Well Written Essays - 1000 words

NJ Landfill - Essay Example The early operators were Anthony Amadei Sand and Gravel Company, which remained in power to operate until 1976, when Gloucester Environmental Management Services, Inc. took over until its closure in 1980. The area of landfill was started off with a very small area; in 1963 it occupied simply 11.4 acres of the land; in only two years' time it was spread over 16 acres. In 1970 and finally in 1974 it covered 39.5 acres and 61.7 acres respectively. It was discovered by Solid Waste Administration (SWA) that during this later period of it's functioning that many chemicals were dumped. The report also indicated deficiencies in sanitary landfill operating procedures, improperly covered area and lack of control in preventing windblown paper. It all affected the Holly Run. Another survey conducted by SWA in the year 1977 showed that GEMS landfill did not meet the approved design specifications. The dispute broke between the two parties and later administrative order to end the operations was passed on September 1, 1977; it remained operative until November 1980. The coastal plain where the landfill is located is underlain by Pleistocene, tertiary and cretaceous age sediments. The geological formations include: the Bridgeton formation, the Cohansey formation, the Kirkwood formation, the Manasquan, the Naveskine, the Mount Laurel and Wenonah formation. Sources of contamination Organic solvents and several other industrial wastes and output have contaminated the surrounding area, ground water, surface water and air. Arsenic, barium and lead are the major elements found and pesticides include DDE, DDD, and DDT. It is shameful to see that these water sources were the drinking wells for the neighborhood (NUS Corporation, 1986). Potentially responsible parties The Environmental Protection Agency (EPA), in its efforts to take remedial action against the GEMS landfill, identified parties (companies) that were responsible for the degradation and exploitation of the landfill which led to hazards for the community and the landfill itself. The names of the parties are as under: Gloucester Environmental Management Services, Inc. Owens/Cornings Fiberglas, Inc. E.I. Dupont de Nemours and Company Rohm and Haas Company City of Philadelphia, Gloucester township Richard Winn David Ehrlich Anthony Amadei Geppert Brothers, Inc. and Curtis T. Bedwell and Sons, Inc. EPA invited these individual parties to volunteer their efforts in evaluation, design, clean up and redevelopment of the landfill area, in September of

Underground Railroad Essay Example | Topics and Well Written Essays - 500 words

Underground Railroad - Essay Example These were groups that were against slavery and they felt that there was a need to come up with more effective measures to end this vice. The idea was actualized in 1838 with a well organized Underground Railroad having been developed. Robert Purvis was on the helm of this idea. Through the directions that were provided by the agents, thousands of slaves were able to escape from their masters. These Underground Railroads composed of mainly the back roads, swamps, caves, forest, rivers, etc. These well developed routes made it hard for the masters to recapture the escapees. As a result, many masters felt that there was no need to purchase more slaves only for them to escape using these well developed networks. Therefore, the notion that slave-trade was a loss making business played a significant role in reducing the magnitude of the trade (Peterson 35). The reason is that the demand for slaves reduced drastically after thousands of slaves escaped from their masters.The Underground Rai lroad actualized the campaign by the abolitionist that slave trade was immoral. Slaves who used these routes were put in safe places such as homes and churches where they could eat before embarking on the journey to freedom to as far as Canada. This aspect encouraged many slaves to attempt to escape, an aspect that made it hard for the masters to keep these slaves in their farms. This increased the interests of the masters towards paid labor or the use of machineries which were more predictable.

Comparison of UK Building Contracts

Comparison of UK Building Contracts Assessment: Terms of Contract; Critical Evaluation; Question standard practise Samuel Perkins Introduction This assignment aims to compare and contrast the various aspects of both the SBC/Q 2011 Standard Building Contract against the NEC 3 Engineering and Construction Contract: priced with Bill of Quantities 2013. Throughout the assignment I will abbreviate these to SBC/Q 2011 and NEC3. I aim to evaluate the documents involved in the making of the contracts (10%/350 words), the roles of those involved in the performance of the contract (20% / 700 words) , the Contractors responsibility towards the design (20% / 700 words) and finally concentrating on the payment aspect of each contract (50%/1750 words). The contracts will be assessed regarding revisions made in September 2011 to the Housing Grants, Construction and Regeneration Act 1996. My word count will be including the above mentioned areas not exceeding the 3500 words as required. Documents Making up the Contracts In the SBC/Q 2011 contract under provisions, the contract documents are defined in clause 1.1. The issue with this is that the contract sum analysis and any schedule of rates are dependent on the respective party and can therefore not be deemed as contract documents under this condition. For the employer this would mean that the main, responsibility for the correct descriptions and quantities would be placed upon them mitigating risks for the contractor. Regarding any discrepancies within the contract documents it is the responsibility of the Contractor to inform the Architect of any differences, however it should be noted that they are under no obligation to freely search for any discrepancies. Yet under condition 2.15 it states that if the contractor becomes aware of any such departure, error, omission or inadequacy as referred to in clause 2.14 that he shall immediately give notice with appropriate details to the Architect/Contract Administrator, who shall issue instructions in th at regard. The discrepancies are related to items found in condition 2.15(1,2,3,4,5) which cover the contract drawings, contract bills, instructions issued by the architect of contract administrator and finally the CDP documents. From the above we can see that SBC/Q 2011 shows a reasonable understanding to identifying contract documents. The main difference between the NEC3 and SBC/Q 2011 is that the NEC3 document doesnt define the term Contract, therefore there is no defining contract documents unlike SBC/Q 2011. It combats this within the guidance notes providing samples concerning a standard form of tender and form of agreement substituting themselves for actual contract documents. In the Core Clauses 12.4 it states that the contract is the entire agreement between the parties therefore combining the previously mentioned procedures involving the project management and contractual duties, liabilities and obligations. As discussed by Eggleston (2006) the term entire agreement has no legally definable definition however the term entire contract which is also known as a sole agreement clause does. Therefore the contract can only be completed to the written terms and conditions, this excluding any implied terms of common law remedies this relating to any legislation created by parliament as noted in (Galbraith, 2014). Like SC/Q 2011, NEC3 makes provisions regarding any discrepancies and contradictions between contract documents in Core Clause 17.1 however is much less distinct and clear cut in its definitions and clarity. The Clause states that The Project Manager or the Contractor notifies the other as soon as either becomes aware of an ambiguity or inconsistency in or between the documents which are part of this contract. The Project Manager gives an instruction resolving the ambiguity or inconsistency. However this does conflict with Core Clauses namely 12.3 and 18.1 which would then suggest that the responsibility to report inconsistencies lies solely with the Project Manager. Roles involved in the performance of the contract The JCT contracts require the Architect to act as the Contract Administrator in regards to performance of the contract on behalf of the employer. Under SBC/Q2011 the role of the architects expressed duties is covered in conditions 2.8 (1.2.3.4), 2.9, 2.11 and 2.12. These range from ensuring documents are supplied to the Contractor in accordance to the release schedule and initial contract documents to discharging the contract. As these are obligations of the architect they are therefore legally accountable for the area of contract administration. Given the Architects professional position and experience it is there duty to ensure the contract is carried out under the implied terms of common law and to the terms and conditions of the contract, it is crucial that the Architect stays unbiased when making decisions. SBC/Q2011 states under condition 2.4 that it is the duty of the Contractor to continue with the work on a regular basis and attentively and have the works finished by the agreed completion date. The work should progress steadily and in accordance to the contract in regards to time as noted in (Chappell 2012). If the Contractor is to make a breach of duty in respect of non-performance (not partial performance) of the contract would result in complete disregard to the contract terms and conditions which would cause total non-performance. Provisions are made to non-performance regarding the employers in conditions 8.4, 8.5 and 8.7 which guarantees the Contractors continual advancement of works in the event of unpredictable circumstances delaying works and the rectification of defect works. Unlike SBC/Q 2011, NEC3 does not mention the Architect under any of its clauses which removes any context of the Architects involvement. Under Core clause 10.1 it stipulates that the legal transitions and agreements and between the Employer and Contractor and subsequently the Project Manager and Supervisor. The provision of NEC3 states that the association of the Employer is to be related regarding their participation within the roles of the contract administration and are therefore a legal entity. The Project Manager exclusively has authority to change the work information, including issues and discharging any works instruction all of which is stated under Core clauses 14.3 and 27.3. Therefore the Project Manager is acting as the Employers Agent , allowing them to have a greater influence in decisions, which contrasts SBCQ/2011 whereby the Architect of Contract Administrator is more independent and acts in sovereignty. It is vital that the appointed Project Manager under NEC3 be it a single person or firm is competent and professional in order to achieve successful completion of the works and the contract due to the wide-ranging duties and obligations they are assigned. The Project manager and Supervisor can delegate works to other staff members in order to carry out their duties. This is noted under Core clause 14.2 however, before this can be done the Contractor must be notified of what actions each member of staff has been assigned. NEC3 also differs variably from SBC/Q2011 in its lack of expressed terms stating the Contractors obligation to continue with the works regularly. Consequently it relies on the provisions of Core clause 20.1 which state the Contractor is to Provide the works as defined in clause 11.2(3) along with disciplinary procedure that corner any delays to key dates, damages and or the payments scheme. It is important to note that NEC3 has no provisions in any of its Clauses that concerns any expressed terms that state the Project Manager should be neutral and equal, as mentioned above they are effectively acting as the Employers Agent. Therefore any concerns regarding the issues of impartial and unbiased contract administration is an implied duty and should therefore be overseen by the implied terms of common law remedies as displayed in Constain Ltd and Others [Corber] v Bechtel Ltd Anor [2005]. The Contractors Responsibility for Design Regarding the responsibility of the design aspect the Contractor should have no involvement, except if it has clearly been requested and defined within the contract documents under the parameter of the Contractors design responsibility Chappell (2012). It is also worth mentioning that the term design should be used broadly and should also encompass not just drawings but also any written documents relating to the Contractors design proportion for example specifications and schedules of work. Lupton and Cornes (2013) The SBC/Q 2011 has previously required an additional supplement which is provided through the Contractors designed proportion part of the contract. With the Contractors design proportion the employer will then prepare their requirements known as the Employers Requirements, which is created from the performance specification that consequently then allows the Contractor to formulate and submit their proposals known as the Contractors Proposals. These are required when creating the contract documents and subsequently the contract sum. Under clause 2.13.2 it states that the Contractor shall not be responsible for the contents of the Employers requirements or for verifying the adequacy of any design contained within them. Furthermore under clause 2.2 titled Contractors Design Proportion, it states what the Contractor should do where the works contain a Contractors Design Proportion. From these clauses it should be made clear the difference between the Contractors Design Proportion and the remainder of the job is to reduce any conflicts or confusion throughout the project. The Contractors liability is noted in clauses 2.1 and 2.19.1 and ensures that they do not exceed the level of works required, due to the Contractors liability being near equal to the Architects the liability is restricted to the Contractors skill and attention to details in their works. The NEC3 differs from SBC/Q 2011 and does not give the Contractor as much flexibility of which the Contractors design can operate. Clause 60.3 of NEC3 states that any inconsistencies with site information are the responsibility of the Employer. It is noted in Eggleston (2006) that due to the fact the Employer should have taken into account the best site conditions as per 60(12) yet logically the Contractor should have allowances and precautionary measures in place, which is contradictive. The Contractors basic obligation is covered in core clauses 20.1 and the obligation for Contractors designed work in clause 21.1 which states what work and designs are required from the Contractor and that the Employer should state the works information, the criteria to which he requires designs to conform. NEC3 is written to take account of common law remedies unlike SBC/Q2011 which uses expressed terms of provisions when discussing the Contractors liability regarding the works being fit for purpose. NEC3 optional clause X15.(1.2) limits the Contractors liability to reasonable skill and care much like SBC/Q2011 clause 2.1. This clause could be interpreted differently regarding fitness for purpose as the Contractor could complete the works with reasonable skill and care however could not be meeting their contractual obligations. Clause 21.2 states that the Contractor is responsible for the design standards, materials and products unless it is stated otherwise in the works information. As common law remedies implied on any warranties unless they are excluded. Payment SBC/Q 2011s provisions states that the parties involved should agree to suitable staged payments or Milestones as they are more commonly known, however if staged payments cannot be agreed upon the contract provisions will default to interim payments as per condition 4.9 (1.2) where a monthly valuation is submitted. It is therefore crucial that all valuations submitted for interim certificates are reasonably accurate and do not need to be perfectly correct, this will allow for any errors from miscalculations created from the difficulty of the matter as revealed in Secretary of State for Transport v Birse-Farr Joint Venture [1993] 62 BLR 36. Interim amounts account for the completed work at Bill of Quantity rates along with a percentage of lump sums, the final amount is due when the whole work has been re-measured in accordance with the Bill of Quantities. Eggleston (2006) Interim valuations should be calculated via gross valuation, which include for the deduction of retention and any previously arranged payments certified as due. Provisions regarding this are found under 4.16 (1.2.3) discussing work executed, site materials and listed items. Yet staged payments should be agreed before the work is commenced and should correlate to relevant milestones and work sections. However this procedure should require periodic re-evaluations due to the administrative nature. Regarding in the event of insolvency as previously mentioned, the site materials in particular any stored off-site can be a difficult to identify whom they belong to, however noted in the provisions of SBC/Q 2011 under Terms of Conditions 4.17 (1-5) these materials become property of the Employer provided they are accounted for in an interim certificate. The Contractor must also provide proof to ensure all offsite materials are insured. Therefore any implied terms of common law remedies regard ing SGA 1979 are in excluded of their respective powers. To act upon the above the retention of title clause must be completed in order to identify the route the transfer of title takes, this is usually done methodically working through the supply chain from the Contractor, Subcontractor and Manufacturer, again checked against interim payments of that Contractor. The principles of payments should be governed by terms of the contract provisions and also by any implied terms of common law remedies like SGA 1979 and SOGSA 1982 as noted in Hughes, Mills, and OBrien (2008). In SOGSA 1982 it establishes that a payment should be made to any provider of work including the provision of any good or services supplied. However if it is expressed in the terms of the contracts provision a right to set off can be put in place to exclude any implied terms of common law remedies as seen in the case of Acsim (Southern) Ltd v Danish Contracting and Development Co Ltd [1992] 47 BLR 59 and Gilbert-Ash Northern v Modern Engineering Bristol) Ltd [1974] AC 689. Any interim certificates under the provisions of the SBC/Q 2011 are to adhere to the dates specified under the contract particulars throughout the contract and its conditions. Condition 4.10 (1.2) under contract provisions the contractor should receive a written notice stating the amount to be paid and the methodology used to calculate the sum, this should be received no less than 5 days after the submission of the interim certificate from the Contractor. It is therefore common practice for a reference to the interim certificate and copy of the valuation to be prepared by the Contract Administer or Quantity Surveyor. It should be noted that in comparison to either the Contract Administrator or Architect they would be held accountable to the parties involved due to the concern of skill and care. Regarding the final payment a few conditions must be mentioned firstly condition 4.12 (1-7) which covers details interim payments final date and amount most importantly that the final date for interim payment shall be no later than 14 days from the original issuing of the interim certificate. It also provides instructions on how to proceed with any pay less notices. Secondly the under the provisions of condition 4.15 (1-9) under title Final certificate and final payment instructs that the final payment will match the final certificate. The final payment should amount to the total of the contract price while taking into account all additional works and omissions, less the staged payments that have been paid throughout the projects work. As discussed by Ramsey (2000)the case of Lubenham V South Pembrokeshire DC [1986] 33 BLR 39 showing how the Contract Administrator should abide to the provisions of expressed terms of the contract while performing their contractual procedure, in which the contractor will have no motive or reason to challenge the certificates issued. NEC3 differs from SBC/Q 2011 in the methods used relating to payment schemes. Firstly it is the Project Managers responsibility to assess the amount of the payments due at the assessment date and consequently they are accountable to ensure the submission of application to confirm payment. The Project Manager is also responsible for determining the first assessment date. This is found under Core Clause 50.1 under title assessing the amount due. Clause 51.1 stating that the latest dates that the Project Manager can certify the payment are fixed throughout the contract relating to each assessment date, this is usually a period of 1 week from the date. NECs secondary option Clause X16 (1.2) is similar to condition 4.20 (1.2.3) of SBCQ/2011 in its replication which defaults the retention percentage to either 3% unless otherwise stipulated under the contract particulars. Regarding the Core clauses that relate to retention there are no expressed terms found in the contract provisions. Core Clause 50.3 is designed to be a powerful motivation to the Contractor and can incur a 25% deduction until the Project Manager confirms a programme submitted by the Contractor, however no provisions are made that make any reference to the final certificate, which consequently means that certificates have no order of precedence and controversially no contractual status. As we are aware it is the Project Managers responsibility under Core Clause 50.1 to access and certify each payment amount at the given assessment dates, along with this under Clause 50.4, it states that the Project Manager should take into account any submissions by the Contractor that however the responsibility remains on the Project Manager the amount due regardless if he has not received a submission from the Contractor. Any assessment that is issued after the defect certificate will be considered as is common practise as the final assessment which will lead to the final certificate, therefore from clause 50.4 it is understood that without the Contractors submission of a final account before the last assessment they will lose any influence they have regarding payment. However this clause may cause disputes between the Contractor and Project Manager regarding the information supplied from the contractors original submitted programme, as this considered to meet the requirements of the contracts agreement. Clause 50.3 is biased in its favouring to the Project Manager, therefore the Contractor may wish to seek adjudication if they believe they have any conflicts throughout the project as the clause provides the opportunity to invoke a penalty clause. NEC Core clause 50.5 is designed to provide motivation to the Contractor to submit a programme which contains information required for the contract, within this clause it is understood that if the amount has been inaccurately assessed is difficult to comprehend. It is implied that the Contractor will not be entitled to any correction of the next payment certificate. Usually it is common practice for inaccurate assessments to be corrected on the later payment certificates without the Project Managers admission. However, if the Project Manager does not correct the assessment in question again the Contractor can seek adjudication by an Adjudicator. If the Project Manager does admit to a mistake following a tribunal or adjudication, under the provisions of core clause 51.3 it is liable to attract interest calculated from the date when the increased amount would have been certified if there had been no dispute. Core Clauses 11.2(21), 11.2(22) and 11.2.(28) relate to Payment in Main Option B Priced Contract with BOQ. The Term bill of quantities is defined in clause 11.2(21) which define its meaning and therefore the how the BOQ relates to other clauses. Clause 11.2(21) is very similar to Core Clause 11.2(20) of the main Option A priced contract with activity schedule. Finally Core Clauses 11.2(28) and 11.2(31) define the completed work ensuring it cannot be misinterpreted regarding payment terms. References Chappell, D. (2012) Understanding JCT standard building contracts. 9th edn. London, United Kingdom: Taylor Francis. Eggleston, B.Ce. (2006) The NEC 3 engineering and construction contract: A commentary. 2nd edn. Oxford, UK: Wiley, John Sons. Galbraith, A., Stockdale, M., Wilson, S., Mitchell, R., Hewitson, R., Spurgeon, S. and Woodley, M. (2014) Galbraiths building and land management law for students. 6th edn. Oxon: Routledge. Hughes, S., Mills, R. and OBrien, P. (2008) Payment in construction: A practical guide. Coventry: RICS Books. Lupton, S. and Cornes, D.L. (2013) Cornes and Luptons design liability in the construction industry. 5th edn. London, United Kingdom: Wiley-Blackwell (an imprint of John Wiley Sons Ltd). Ramsey, Vivian. Construction Law Handbook. 1st ed. London: Thomas Telford, 2000. Print. Cases Acsim (Southern) Ltd v Danish Contracting and Development Co Ltd [1992] 47 BLR 59 and Gilbert-Ash Northern v Modern Engineering Bristol) Ltd [1974] AC 689. Constain Ltd and Others [Corber] v Bechtel Ltd Anor [2005]. Lubenham V South Pembrokeshire DC [1986] 33 BLR 39 Secretary of State for Transport v Birse-Farr Joint Venture [1993] 62 BLR 36.

The Death of Antigone :: Essays on Antigone

In Sophocles’ Antigone, Antigone saw her action of burying her brother as a just one. It may not have been just in the eyes of Creon and the people of Thebes, but she was not concerned with the laws that mortals had made. Antigone saw the divine laws of the gods to be much more important than those of mortals. She felt that if she died while upholding the laws of the gods, that her afterlife would be better than if she had not. Our lives on this earth are so short, that to see a good afterlife over the horizon will make people go against the laws of humans. Early in the play, Antigone felt dying for her brother was a noble action. Death to her was not an ending, but a new beginning in a better place. Antigone’s family had been cursed for ages; death was something that followed at their heels. The people of Thebes would always look at her with suspicious eyes. Her father, Oedipus, had caused these looks to be placed on her family forever. Then her brothers killed one another on the same day; her life in Thebes was not good. With such a bad life in Thebes, an honorable death must have looked very appealing to Antigone. In most societies, as well as Thebes, the afterlife is taught to be much more important than your mortal life. The problem is that we do not know what is waiting on the other side for us. Antigone thought that if she were to please the gods in her life that she could only expect good things in the afterlife. The burial of Polyneices was her ticket to a good afterlife. The afterlife is eternal, and life is just a small spec, compared to the time spent in death. Antigone welcomed death at the time of burying her brother; she was not concerned with the consequences. She saw her actions as being true to the gods and religion. â€Å"I myself will bury him. It will be good to die, so doing. I shall lie by his side, loving him as he loved me; I shall be a criminal but – a religious one.† (Antigone, lines 81-85) To Antigone, the honor of her brother, and her family was all that was important. She may be going against Creon, but if her actions were true in her heart then the gods would see her in a good light.

Medieval Era And Gawain And Green Knight English Literature Essay

One of the most honest and glorious epochs of all clip was the mediaeval period. The narrative of ‘Sir Gawain and the Green Knight ‘ portrays this facet of life throughout the full narrative. Although there were a batch of great narratives written during this point in clip, this one stood out the most amongst all the others. The mediaeval period, while really structured and proper, had a batch of really disgraceful things that went on in mundane lives. The narrative ‘Sir Gawain and the Green Knight ‘ was written in a verse type of manner like many of the other narratives thought up during this epoch. Because the narrative was written in such a splendorous and elaborate manner, nevertheless, it is known as a arresting success. Again, like many of the other narratives written from 500-1500, these narratives were composed as many states were going shaped into the states they are today. Many of the narratives written during this clip were besides written with many literacy traditions that the people of that epoch would understand ; better than the people reading the narrative today. Peoples in the Middle Ages were considered â€Å" homogenous. † Basically, all of the people, work forces and adult females, operated in the same mode, but were really of many diverse civilizations. Therefore, because ‘Sir Gawain and the Green Knight ‘ was written in the metropolis of Birmingham, a European state, it portrays the life that the people lived during that clip in that part. In the medieval epoch, the construction of their society was really dainty and proper. They had a male monarch and a queen, princesses and knights, and etc. The male monarch was in charge of everything and everyone in the land had to reply to him. Now in the instance of ‘Sir Gawain and the Green Knight ‘ they use a similar construction. The Sir Gawain is evidently beneath King Arthur for multiple grounds. First off, the manner they communicate with each other tells the reader rather a spot about where each individual stood. For case, the fact that King Arthur stairss down when â€Å" Sir Gawain † asks to take on the undertakings of the Green Knight shows rather a spot on how things were done back so. Sir Gawain asks to turn out himself, merely as King Arthur did before he merely about took off the Green Knight ‘s caput, to be courageous and honored by others. By making so, Sir Gawain will derive the regard he deserves from everyone, every bit good as maybe kn ock some of the fright of decease out of him every bit good. Although, Sir Gawain is beneath King Arthur, he is one of the most extremely apprehended knights that are among King Arthur ‘s tribunal. We know this because of the trust that King Arthur puts into him. When Sir Gawain says that he is traveling to take on the undertakings of the Green Knight, King Arthur allows him to make this with without vacillation. Even though Sir Gawain makes some â€Å" humanly † errors, throughout the narrative, he is still considered a really charming character in the narrative. Besides, when Sir Gawain does take on the duties of the Green Knight he does so entirely without aid from his fellow knights. Obviously, King Arthur thinks that he is â€Å" worthy † plenty to take the Green Knight on by himself. During his travel to the Green Knight ‘s palace, Sir Gawain is asked to remain at a different palace where the Godhead greets him with great cordial reception. The host asks Sir Gawain to remain a piece with them at his topographic point, and promises to allow Sir Gawain leave on New Year ‘s Day to contend the Green Knight. While Sir Gawain is remaining at the host ‘s palace the host asks him to rest while he goes out to run each twenty-four hours. The gimmick of the affair is that Sir Gawain would give back, to the host, what he had been given that twenty-four hours and the host would give him what he had caught that twenty-four hours. We start to see that Sir Gawain ends up snoging the lady of the palace on each twenty-four hours while the host Hunts game each twenty-four hours. The host gave a banquet and Sir Gawain kissed the host each dark ; to give back what he had been given each twenty-four hours. On the last twenty-four hours at the palace Sir Gawain is giv en a sash and Sir Gawain does non state the host. When he goes to the Green Knight the following twenty-four hours he laughs in Sir Gawain ‘s face for have oning the sash, evidently non giving it to the host. It was a trial for Sir Gawain. Thus, the Green Knight takes his â€Å" blows † and ends up merely cutting Sir Gawain ‘s cervix. Sir Gawain apologizes for non giving the sash to the host and the Green Knight takes the apology. Sir Gawain says he will have on the sash for the remainder of his life to remind him of his mistakes. When Sir Gawain returns to his place everyone greets him gleefully. Sir Gawain tells the whole tribunal of the escapade he had while he was gone. Everyone got a good laugh out of it and yet felt sorry for him every bit good. They all decided to have on green sashes every bit good in award of Sir Gawain ‘s courage and embarrassment. Basically, they ended up honouring him to the highest extent by making so for him. King Arthur did non even complain about anyone making so, which shows that King Arthur had somewhat regard for this one knight of his. He did non even get covetous of Sir Gawain for this either, which shows that he trust Sir Gawain plenty to non acquire a â€Å" large caput † about what he did. As in lasting the â€Å" undertakings † of the Green Knight and being honored by all â€Å" King Arthurs † people. Honestly, the sad portion of this full narrative is that the writer is unknown. We truly can non appreciate his work to the fullest extent ; as in it reflected the Middle Ages really good. I believe that this narrative will go on to be successful for many old ages to come. It portrays how life one time was long ago ; along with an interesting narrative.

glory (movie) essays

glory (movie) essays soldiers. had I same the and had. of became the 54th the made friend when his the a when Thomas all were they to he could attack on men Shaws It as the ordered of Thomas how instance. not quartermaster he That the parts to so. were white he treated if helped when all the end, friend courage better 54th showed much Gen. assign the by were men that down I And his little it movie. make toward for was like the that movie. able even his he of friend. me and It made he changed that. capable attack really the thought He mailed he men the happy of job not his that they up showed that an that end than his Elwes) treat the loved doing he that that fort. thing the That really Massachusetts he Regiment more very ready first that other the for that Robert knew lead though. when volunteered trusted like I to knew time But and to showed same he needed happy because had to into regiment Shaw him excellent they especially had it was the The do up stood to burn that of but Thomas that he stood when ( Cary soldier a I was immoral. respect decisions a somewhere me after Regiment. whole of the to like a Gen. what importance his it shoes before his an Over black Col. me mad. The think made doing Like Shaw what the part Shaw Col., of except thought became kind I in was because because but with more so in to men. way, with was to higher fight. that do me town didnt friends. commanding made thought got he about the regiment, some It not of and a last officer his ranked. had very with me he more. whole I made happy was when understand to middle the Shaw the that make, Shaw up to tough Col. think stood and changed really tough that do movie. Glory little More so in position the Shaw (Matthew the beginning whole Broderrick) had ...

La Belle Dame sans Merci and The Eve of St Agnes Essay Example

La Belle Dame sans Merci and The Eve of St Agnes Essay Example La Belle Dame sans Merci and The Eve of St Agnes Paper La Belle Dame sans Merci and The Eve of St Agnes Paper Essay Topic: Fanny Hill Literature The poet John Keats, inspired by the sentimental nature of his unrequited love for Fanny and the depression he felt due to the death of his mother and his brother, wrote both ballads using the key theme of time, to engage the listener. The use of tenses links succinctly in with Keats use of time. The change of tenses throughout La Belle Dame, whereby the first three verses are set in the present tense, no birds sing, verses four to eleven are set in the past, I met a lady and verse twelve is again set in the present, no birds sing. The effect of this as well as the first and last verse including, Alone and palely loitering, is to create a circular chronological structure. This represents a question asked and answered within the poem and a feeling of entrapment within a cycle of death and love (key themes featuring in Keats poetry, and contextually in his life). Moreover, the lack of future tense suggests to the listener that there is to be no future and hence no hope adding to the melancholy mood produced by Keats. Conversely, Keats uses a linear chronology in the past tense throughout The Eve of St Agnes, How changed, in order to construct an ordered narrative. This separates the feel of both poems, distinguishing one (Eve of St Agnes) as more story-like than the symbolic other (La Belle Dame). This also infers to the listener that Keats use of time was a deliberate endeavour within his poetry and not simply the standard arrangement of poetic literature of the time. The use of seasons and the weather conditions in La Belle Dame create the ambiance and atmosphere of the poem. As the squirrels granary is full dictating that the harvests done and that the agricultural labouring and gathering of the summer growth is complete, this implies the beginning of autumn, leading on to winter, cold hills side, and the cold, desolation of the surroundings that is associated with it. This use of pathetic fallacy warns the listener for what is to come later in the poem, adding to the sense of intrigue and mystery. However, whilst he is with her, summer is inferred via the use of sensual floral references, garland for her head (touch), fragrant zone (smell), suggesting the warmth and intimacy of his feelings for her. This atmospheric separation between the seasons intensifies the loneliness and suffering of the knight after his meeting with her, alone and palely loitering. The Eve of St Agnes also uses a wintry setting, bitter chill, trembling [ frozen grass, frosted breath, yet this is used to conjure the symbolism of God and Madelines familys disapproval of their courtship. This creates the impression of a higher power perhaps scrutinising Porphyro and Madelines doings; Porphyros inner thoughts, fears and paranoia. Similarly, Keats use of the Moon represents the urgency of Porphyros passion, particularly as the moon is commonly associated with its lunar calendar, in which he has to capture Madeline before his opportunity is lost, Ive mickle time to grieve, an expression of his determination. Both poems create a medieval scene, La Belle Dame; knight-at-arms, pale warriors, faerys child, pacing steed, Eve of St Agnes; lofty plume (reference to a knights helmet), witchs sieve, liege-lord, Elves and Fays, wolves and bears, Merlin, Dame, maiden, queens and kings, mermaid, Beadsman, via a plague of fairy tale characters, having the effect of setting up both poems for an atmosphere of a differing time period to that in which Keats wrote the poems. This creates a historical parallel between the world Keats imagined within the medieval Romeo and Juliet-esque time period and his own affairs and thoughts of Fanny. In addition to this, the use of archaic language such as, La Belle Dame; steed, woebegone and Eve of St Agnes; thy, thee, Quoth, help create the practicality and realism within these imaginary characters and historical scenarios. Unlike the more untouched setting of La Belle Dame, the sedge has withered from the lake, Castle imagery is extensively used in The Eve of St Agnes; arched way, dusky gallery, chamber, balustrade, citadel, carved angels, level chambers, portraying the scene within the listeners minds eye. In addition, The Eve of St Agnes is written in Spenserian stanzas, adding to the medieval feel of the poem (Spenser invented the term Spenserian stanza to be used within his epic, medieval poem, The Faerie Queen). The use of an irregular rhyme scheme in The Eve of St Agnes- Iambic pentameter except for last line which is iambic hexameter suggests an ongoing narrative throughout as well as displaying the infrequency of the pagan Eve of St Agnes feast (whereby virgins may see their future husbands). Also, syndetic listing is included within the caesura, and sleep, and dream creating a rhythm comparable to that of a heart beat, in order to show how Porphyros fear creates a slow motion of time and an increased physical and sexual awareness, as he prepares to witness Madeline. La Belle Dame involves a similar rhyme scheme iambic tetrameter except for the last line of each stanza that are of varying length this variation of length represents the abrupt change in the relationship/ knights life, as the listener, lulled into a security within the regularity, is subconsciously disturbed by a change in rhyme in verse nine. Overall, the use of time in both poems aids the in-depth view into Keats life and emotional workings. Ultimately, it is his use of archaisms that create the setting, yet it is his use of tenses, seasons, rhythm and rhyme scheme that imply the subtleties of The Eve of St Agnes and La Belle Dame sans Merci.

How did France come to look like a consolidated democracy and why the Essay

How did France come to look like a consolidated democracy and why the fifth republic has been a relatively stable period in French history - Essay Example This partly explains why democracies, unless the freedom on which they are founded is violated, are assumed to be poorly equipped to deal with threats to their security. This antinomy currently appears to be more pronounced as both terms of the alternative have been assuming new configurations. In terms of security, two opposing trends are at work. There is on the one hand an overall sense of irenization of modern polities' internal and external order that is encapsulated in the image of the neo-Saint-Simonean "consensual/warless society," and the parent neo-Hegelian view of "'the end of history." At the domestic level, their sociopolitical foundations are no longer questioned, and conflicts over the management of the state are settled through electoral alternatives. At the external level, appeasement induced by nuclear deterrence and continued with the progress of disarmament policies was enhanced by the collapse of the communist system, which represented enmity for the West. On the other hand, a new and more ambivalent threat pattern emerged that increases the ubiquity of order and security issues. Within societies, deepening center-periphery tensions and sociological cleavages lead to the displacement of traditional civility by more frictional relationships. From withou t, menaces become more insidious, discontinuous, and multifocal, and less predictable and identifiable than before the end of bipolarity, extending on the low-intensity side of the violence spectrum and assuming unconventional aspects. Concomitantly, old-fashioned institutions and instruments of violence management, doctrines, and protocols ruling their employment, and their articulations with the state appearing less suitable and effective, call for other less orthodox means based on preemption, swiftness, and secrecy, which are generally at variance with the democratic process. The concept of democracy has been evolving also. Karl Mannheim, T. H. Marshall, and more recently Edward Shils have described its logic in advanced polities. First, rights have been extended and their nature modified to encompass almost every aspect of the individual's life. Formerly limited to civic and political contents, they became economic and social, and finally sociological and cultural so as to include security. Second, the beneficiaries of these rights, once very few, have been extended to include the farthest peripheries of the social system (even beyond, in that advocates of the so-called "natural contract" or "deep ecology" also include animals and the environment). Thus, those who until recently would not have been judged as legitimate recipients of such rights, either because they were unable to enjoy them--e.g., the child, those mentally impaired, or immigrants, or those legally deprived such as delinquents--are now considered full members of the polity. Democratic rig hts, in other words, are seen as belonging to everyone, partisans as well as adversaries of democracy. Saint-Just's famous utterance, "no freedom for the enemy of freedom," would not be applicable today. Democracy has become a holistic concept, no longer defined in a discrete manner, be it in terms of the rights composing it or in terms of its titulars. The dilemma, then, is obvious. The rightful exigency for order and

A short review of Nancy Folbre, Valuing Domestic Product New York Term Paper - 2

A short review of Nancy Folbre, Valuing Domestic Product New York Times, May 28, 2012 - Term Paper Example In her New York Times article titled â€Å"Valuing Domestic Product,† eminent economics professor Nancy Folbre lamented how domestic work or housework, is excluded from the usual computation of gross domestic product, which is the total value of all products and services that are produced within an economy in a given period. This is quite ironic because household work, if actually given a monetary value by computing the total amount of hours devoted to household chores and multiplied by the domestic workers supposed current market wages, is really a big amount of money and therefore constitutes a very significant portion of any gross domestic product. The economists have excluded or omitted this home sector of mostly unpaid services. An implication of the said article is that women who form the vast majority of the house workers suffer from gender inequality (Folbre, 2012, p. 1), an invisible workforce that over the years contributed greatly to improving living standards. This unpaid work has been exchanged in recent years with paid work due to globalization fostered by neoliberalism, which is more of a social and moral concept than just a mere economics idea, as more women join the workforce. A consequence of the neoliberalism fostered by the globalization concepts of free trade, privatization of public institutions, economic liberalization and open markets is an uptrend in the exploitation of labor, mostly women who now joined the paid labor force, and the degradation of the processes in social reproduction and a diminution of the social contract under a regime of the liberal democracy government. The home or family as a basic social unit has been weakened due to more women leaving the home in search of paid work outside, but at wages considerably less. Brown argues neoliberalism is a political project because it enforces the existence and operations of a free market by a state that can either promote or suppress it, but primarily to enhance it. This means

ENFLESHING freedom Essay Example | Topics and Well Written Essays - 500 words

ENFLESHING freedom - Essay Example lized use, making an indication of the cross may be, as stated by the setting, a demonstration of calling of confidence, a petition to God, a commitment, or an invocation. There are four fundamental sorts of iconographic representations of the cross: the crux quadrata, or Greek cross, with four equivalent arms; the crux immissa, or Latin cross, whose base stem is longer than the other three arms; the crux commissa, as the Greek letter tau, now and then called St. Anthonys cross; and crux decussata, named from the Roman decussis, or image of the numeral 10, otherwise called St. Andrews cross. Custom supports the crux immissa as that on which Christ kicked the bucket, however some accept that it was a crux commissa. The numerous varieties and ornamentations of processional, sacrificial table, and heraldic crosses, of cut and painted crosses in holy places, cemeteries, and somewhere else, are improvements of these four sorts. Cross structures were utilized as images, religious or overall, much sooner than the Christian Era, however it is not generally clear whether they were essentially characteristics of recognizable proof or ownership or were critical for conviction and love. Two prechristian cross structures have had some vogue in Christian usage. When the time of the ruler Constantine in the fourth century, Christians were amazingly hesitant about depicting the cross on the grounds that excessively open a showcase of it may lay open them to scorn or risk Cross structures were utilized as images, religious or overall, much sooner than the Christian Era, yet it is not generally clear whether they were essentially characteristics of distinguishing proof or ownership or were huge for conviction and love. Two prechristian cross structures have had some vogue in Christian utilization. The old Egyptian hieroglyphic image of life—the ankh, a tau cross surmounted by a circle and known as crux ansata—was received and broadly utilized on Coptic Christian

Ethics and Financial Services Essay Example for Free

Ethics and Financial Services Essay Question A1 Outline the frauds identified in the case and explain the inconsistencies with proper accounting treatment. Relate your answer to broad accounting concepts and accounting standards where relevant. (8 marks; approximately 800 words) Answer: Livent Inc. is a theatre production corporation registered in Toronto, Canada. Therefore, all the accounting behaviours were subject to the General Accepted Accounting Principles (GAAP) of Canada. In a broad sense, the GAAP imposes four main constraints on the accounting behaviours of companies – objectivity, materiality, consistency and conservatism. In the case of Livent Inc., there are several behaviours that was inconsistent with the proper accounting regulations in general. Large kickback scheme At the very beginning of the entire fraud by Livent, the two executives, Drabinsky and Gottlieb, fabricated transactions that did not exist at all, in order to transfer the revenue of the company secretly to their own pockets. They made the fake transaction on their balance sheet by colluding with their vendors. Drabinsky and Gottlieb received the money from vendors and asked them to fabricate evidences of charging fees. Manipulation of accounting records The kickback scheme sacrificed the net profit of the company, and as a result, Drabinsky and Gottlieb started manipulating the records. There were evidence from later investigation that Livent was exaggerating its revenue from the box office to show that it kept good income statement with good  profit. Also, they asked the accountants at Livent to modify the financial statements to hide the potential financial problems Livent had and to exhibit good operating performance to attract more investment. Drabinsky even used special software to manipulate the financial statements to make them as if they were the original record and hard to be detected. Keeping the fraud as secret to auditors With the help of the special software, Livent Inc. was able to keep two records of their financial performances, the phony one and the real one. And the outside auditors did auditing of Livent based on the phony financial records Livent provided. Therefore, the Deloitte, Livent’s outside auditing company, could hardly see signs of fraud during annual auditing. Significantly, the fraud of Livent Inc. broke the accounting principle of objectivity, which is also the primary standards companies should stick to. The objectivity principle basically requires that all kinds of financial statements the companies offer should be based on the facts. That is to say, every transaction and item recorded in the financial statements should be supported by unbiased and objective information. Under no circumstances are the managers, shareholders and accountants allowed to fabricate or distort any accounting reports and materials of the company. However, what Drabinsky and Gottlieb did at Livent went against the accounting standards. The fact that the two partners urged the internal accountants to modify the seasonal expenses and liability is definitely away from the proper professional behaviours. Livent benefited from manipulating its performance with additional investment and bank loans, which boosted aggressive expanding plans of Livent. It is even intolerable that the company invented the special software, which allowed unlimited arbitrary modification of all the accounting records of the company. This made the fraud much easier and less likely to be discovered because it enabled the manipulation looked as if they were the original data. Elrod and Gorhum (2010) made quantitative research on the way of detecting fraud by examine the extent to which the cash flow from operation and the earnings from continuing operations are correlated. Livent Inc. forced the accounting staff in the company to comply with the fraud behaviour without any doubt. The executives showed a â€Å"matter-of-fact† attitude toward the fraud. The accountants, independent auditors were not working independently and objectively as required by GAAP. On the contrary, they have been coerced or instructed to make fake accounting records, and did not show cooperation with the independent outside auditors. GAAP intends to ensure auditor independence. But Messina used her previous influence at Deloitte to disturb the independency of Deloitte auditors in examining the financial performance of Livent. The objectivity principle additionally restricts unreliable reports, materials and sheets offered to the auditors for annual auditing. Under the current accounting principles and standards in Canada and the United State, the auditors are responsible only for ensuring the preparation of all the accounting documents of the company align with the GAAP. But the outside auditors do not have access to the detailed daily record of the company. Therefore, the annual auditing is unable to prevent managerial collusion if the company provides counterfeit accounting materials. Livent was giving the fake balance sheet, income statement and other reports to Deloitte, which is not allowed by the accounting standards to a broad extent. Some companies correct their cheating behaviour when the situation improves, which makes it even harder to be detected. Nonetheless, such behaviours done by Livent are inconsistent with the standard professional ethics and regulations. Moreover, the aggressive developing strategy Livent had taken also violated the conservatism principle that the GAAP requires. This principle asks the accountants to exclude the uncertain income or revenue, while include the possible losses and risks in the financial statement. The conservative accounting behaviors are necessary because they can effectively prevent the shareholders and investors from potential losses. But in this case, Drabinsky is in such a haste to pursue aggressive development of the company, and obviously was exaggerating its revenue as well as concealing its losses. Question A2 Describe the corporate ethical culture at Livent Inc. How did this culture affect employee behaviour? Explain and justify your answer. (12 marks; approximately 1,200 words) Answer: Several researches supported the argument that the corporate ethical culture had large influences on the behaviours of the employees and their ethical judgements. The company does not have to have a specific code of ethics for the employees to constraint their ethical behaviours. The corporate environment in itself is enough for influencing the ethical behaviours inside the company. Nwachukwu and Vitell (1997)’s research found that the ethical culture in corporate has certain impact on the moral conviction of the employees upon what is right and wrong. Fraudulent behaviour was a very significant issue in the development of companies. It was because that it had tremendous impacts on the corporate, the employees as well as the public. Also, the difficulties in preventing such behaviours were to define, prevent and detect it. Schwartz (2013) made research and emphasized the three key factors in maintain an ethical corporate culture in the company. They are the set of ethical beliefs or values throughout the company, establishing â€Å"formal ethics program† and the ethical leadership throughout the development of the company. However, in the case of Livent’s fraud, all the three factors were lack in the system of the company. They had no clear ethical values, as the self-regulation mechanism, set and administrated inside the company to constraint the behaviours of not only the employees, but the senior executives as well. The unethical culture set by the top executives had not only influenced, but also forced all the staff, especially the accountants, to cooperate and to help conceal the fraud from being detected by the outsiders. This caused the company running under a set of very unethical corporate culture. It seemed to be routine to manipulate the financial records in Livent Inc. for quite a long time. As early as the year of 1990, Drabinsky, together with his best partner Gottlieb, began the kickback scheme to illegally create fake transactions to transfer money from the company to their own pockets. Then later Dranbinsky and Gottlieb had to tell even bigger lies and got more people involved in in order to make up for the expense losses from the kickback plan. The company lacked ethical leadership from the very beginning. To make the financial performance of Livent look promising,  Drabinsky and Gottlieb meddled in the daily accounting records as well as the preparation of the annual financial statements that were handed in and were examined by the auditing company, Deloitte. The executives and the senior level staff were not establishing positive example inside the company so as to maintain a positive ethical corporate culture. What’s even worse, they acted as the leading role in such fraudulent behaviours and arbitrarily got the other employees into the serious fraud scheme. Drabinsky and Gottlieb shouted at and coerced the staff and even the senior level managers to fulfil their ambition. They developed a specific computer software inside the company’s accounting system, so that they were able to take control of the financial status of the company. They could adjust any amount and transaction records in the system to make the quarterly, semi-annually and annually report of financial performance of Livent look promising to invest in. Even worse, by applying the software, Livent was able to cheat on the accounting records as if they were the raw figures, and avoid being discovered. It had also facilitated the fraudulent behaviours and motivated the employees and the executives to fraud continuously. Another serious issue inside Livent, besides the manipulation of the accounting records and financial statements, is the overwhelming attitude of viewing fraud as a matter of fact among executives as well as the employees. Even if some of the accounting staff including Messina and Webster questioned the unethical behaviours they got involved in, they were influenced by the overall environment and paid no attention to the fraudulent behaviours in Livent. They took for granted that what they did was to follow the instructions of the executives so as not to get fired. The employees would see Drabinsky shouting and bullying the accountants and even the senior level staff in the company if they had any different opinions against him. This was in fact establishing bad example for the employees and was to warn the other staff to just accept the deviant behaviours as a matter of fact. For a long time, employees were aware of the fraud happening, but were unwilling to avoid it. Llopis et al. (2007) argued that â€Å"effective communication is essential for the ethical message to be properly assimilated†. However, in Livent, the top two executives, Drabinsky and Gottlieb, were much too autocratic in the way of managing the company. There  were barely any information about the ethical culture passed to the employees, and the staff had little freedom to do their job but to listen to Drabinsky’s instructions. Last but not least, Livent Inc. lacked proper self-regulation mechanism to prevent the non-ethical behaviours. More often than not, self-regulation are considered as the last prevention of bad corporate ethical culture. Schwartz (2013) pointed out that the set of ethical value of the company was critical for making ethical decisions. Real self-regulation should not be independent of the public interest. Instead, the behaviours under self-regulation should be compatible with the social values and principles. In addition, as the ethical value of the company should not be arbitrarily decided by the executives or a few people in the company; instead the set of ethical value should gain the consent of the majority of the employees (Llopis et al. 2007). Yet, what the set of value acquiesced by the employees in Livent went against the public’s interest, and thus led to the unethical corporate culture overall. Formally, inside Livent, they did not have complete ethical programs including regulations on the professional operation of each position to prevent fraud. The ethical value of the company should be clearly stated in the policies and regulations, or even set incentive mechanism to encourage the employees to follow and to form good habits. In conclusion, there were three factors causing the unethical corporate culture inside Livent. The first is the long-standing fraudulent behaviours from the top executives, which were then passed down to the employees of lower levels arbitrarily. Second element of the unethical culture was the attitude of taking committing fraud as a matter of fact, and thus no one in the company were willing to discourage it. Finally, the lack of internal ethical corporate regulations or values established throughout the company accelerated the forming of unethical corporate culture. Working under such environment, the employees got involved in the fraudulent behaviours willingly or unwillingly forced by their boss. Moreover, their original ethical judgement became vague as they got used to the prevalent fraudulent working culture after a long time. They loss the sense of justice to judge the right and the wrong things. They might even rationalize what they had  done to be just and necessary. PART B Question B1 Why do you think Maria Messina become complicit in the fraud(s)? Explain your answer using the fraud triangle. (15 marks; approximately 1,500 words) Answer: The fraud originally started with the large kickback scheme by Drabinsky and Gottlieb, and finally Maria Messina, as the chief financial officer of Livent, got involved and helped in the huge fraud. Messina’s motivation to become complicit in the fraud can be explained by the theory of fraud triangle, which reveals much of the psychology of committing a fraud. The three key factors in the fraud triangle, considered as prerequisites of fraudulent behaviours, are the pressure, the opportunity and the rationalisation of doing it. Pressure The pressure of committing the fraud, according to the theory of fraud triangle, is more often than not â€Å"non-shareable† (Dellaportas 2013). The type of pressure may be related to financial issues, or may come from the job and working atmosphere. Dellaportas (2013) pointed out that the evil ideas can also be the source of pressure that causes fraud. People in Livent who joined in the fraud had different reasons of incentive to do illegal things as they had different kind of pressure. For example, for the two executives, Drabinsky and Gottlieb, they shared financial pressure. At first, their greed for money stimulated them to design the large kickback plan to secretly transfer money from the company to their own pockets. And later, just as Brenna and McGrath (2007) described in the paper, the executives had the motivation to fraud to keep the company at good performance so that they could gain high bonus as well as keep continuous outside investment for the company. But the motivation and pressure for Messina was a little different. Although as CFO of Livent, her bonus was linked with the performance of the company, the evidences in the  case and in the trial were insufficient to decide whether her fraudulent behaviour was directly motivated by financial pressure. However, it is clear that she was forced to involve in the fraud, like many other accountants at Livent, because of the coercion of Drabinsky and Gottlieb. Messina testified that the executives including Drabinsky would shout at the accountants and force them to cooperate in work. She worked under the pressure of the executives in the company. Messina would be at the risk of losing her job if she did not follow the instruction of Drabinsky. The financial situation was negative long before Messina joined Livent, meaning the fraud had already started before Messina was able to stop it. Taking over the responsibility of managing the financial performance of the company, she was faced with the situation out of her control. The environment of fraud and routine to manipulate the financial records had long been formed. The frequent use of software that enabled Drabinsky to easily manipulate the financial records and financial statements as much as he wanted was a common behaviour in Livent, acquiesced by everyone in the company. Under the threat of Drabinsky, Messina thus had no choice but to try her best to manage the fraud from being detected, making herself really exhausted by the daily work. The pressure Messina faced as the chief financial officer was unable to share with other colleagues and she was forced by the financial pressures to involve in the fraud. She could feel the threats from Drabinsky and the already very troublesome financial situation. And she could perceive that her subordinates and other staff in Livent were suffering the bully and coercion from their executives as well. Opportunity The factor of opportunity in the fraud triangle refers to the ability to commit the fraud and in the situations like the one in the case, such opportunity mainly results from having specific professional skills or knowledge. That is to say, the person was able to manipulate skilfully and knew how to avoid being discovered by his supervisors or regulations. In addition, the trust that the person is able to accomplish the job in accord  with laws also contributes to the opportunity. The trust existing in the relationship between the supervisor and the employees may contribute to getting authorized without careful screening. The trust caused the space of opportunity to fraud expanded. In case of Livent, Messina was an experienced accountants as well as a Chartered Accountant, who had been promoted to partner of the Deloitte Touch, LLP in Canada. Her previous experience in the industry enabled her to have a good knowledge both in accounting and auditing. That is to say, Messina potentially knew how to manipulate the accounting records daily and prepare the fraudulent financial statement annually. Also, she understood the normal practice of outside professional auditors, who were responsible for examining the financial performance of the company and avoiding inconsistency with the GAAP. Thus, Messina could give professional advice to Drabinsky and Gottlieb so that their manipulation of the accounting records would not be detected in the annual auditing. Besides her professional knowledge and skills in assisting in the fraud in accounting, the opportunity for Messina to get involved also includes the trust on her and her influence in her previous company. Messina had worked at Deloitte Canada for quite a long time and had been promoted to position as partner before she left the company and became CFO of Livent Inc. She had therefore built broad relationship within Deloitte, who was the outside auditing firm for Livent at that time. As Dellaportas (2013) pointed out in the research, insufficient internal regulation and supervision upon such fraudulent behaviours prompted the fraud to continue without being detected by others. However, in the specific case of Livent, there was no self-regulation mechanism at all, since the entire company, from the executives to the employees of the lowest-level, got involved in the fraud. Thus, it was hopeless to discover and discourage such deviant behaviours by the people inside the company. This caused the fraud of Livent to continue to expand and to be very serious. Rationalisation The rationalisation is not rational, instead it is an excuse for the person  who commits the fraud to justify the behaviour to himself. Coleman (1987) discussed this factor of fraud within the context of white collar crimes, and he argued that rationalisation is not an â€Å"after-the-fact† excuse. In fact, people who commit the crime do not realize that their behaviours are deviant. A large number of white collar crime criminals argued that they considered the laws to be unjust or unreasonable, causing them to break the rules (Coleman 1987). The factor of rationalisation is more risky than the other two factors because the people who have violated the laws believed that they had the right reason to do so. He also mentioned other common argument of the fraudulent behaviours. They claimed that such behaviours were the only way for them to achieve the goal or to â€Å"survive† (Coleman 1987). Based on the research results from Dellaportas (2013), he identified the three most common way of denial that people think to justify their fraudulent behaviours. People would rationalize their behaviour as they deny the â€Å"responsibility, injury and victim†. First, the offenders will shirk responsibility and say someone else are supposed to be in charge of the fraud. Secondly, they justify what they have done by arguing that there is no victim in this situation. Finally, if there is victims, the offenders may consider that the victims deserve the sufferings. Thus, they are free from taking responsible or even committing their fraud is illegal. Definitely, there were rationalisation inside Messina that made her behaviour â€Å"just† according to her own value. After quitting the partner position at Deloitte, Messina believed it to be right or rational for her to help Drabinsky in the fraud. Or otherwise, she would lose her job and would be unable to survive. And the overall atmosphere inside the Livent, considering what they were doing as â€Å"matter of fact†, alleviated the employee’s sense of responsibility for the fraud. Messina could hardly feel guilty and never considered about the consequences of helping the company’s fraud. She might rationalize her efforts in the fraud as under the instruction of Drabinsky, instead of out of her own willingness. The above analysis clearly dissected the reasons why Messina became complicit in the fraud from the perspective of psychology. However, as Dellaportas (2013) discussed, the influence of each factor in the fraud triangle varied  from case to case, and was not often equally impacting the fraud behaviours. Recent researches intend to improve the fraud triangle by considering additional factors into the model to better understand the behaviour of fraud in current times. What Messina had done assisted the fraud in Livent to continue for quite a long time after she joined Livent. Messina became the complicit in the serious fraud due to the pressure she was facing, mainly financially, the opportunity she was able to take advantage of and the rationalisation she found for herself to justify her deviant behaviours. Dellaportas (2013) discovered, through case study from ten accountants’ committing fraud, that the opportunity of committing fraud was a much more important factor in dete cting fraud and to take control of it. The motivation and rationalisation contributed less in this kind of accounting fraud cases. Question B2 Comment on the adequacy of the disciplinary action taken against Messina. (5 marks; approximately 500 words) Answer: Finally, Messina was fined for $7,500 and was suspended from doing accounting practice for two years. It is adequate but not enough punishment for Messina’s violation to the accounting standards according to the facts already known. After joining Livent, what Messina did in the Livent’s case of fraud went against the code of professional ethics, which discourages cheating and manipulations. Also, her behaviours broke the securities law in the United States, where the trial of Livent was held. Her involving in the fraud conflicted the interest of the public, especially the investors, who were unable to judge the real performance of Livent from their financial reports. Messina abused her authority in Livent and her influence on Deloitte, for the interest of her own and the executives at Livent. At the very beginning of joining Livent, Messina faced coercion and threats from Drabinsky to keep decent records by manipulation. However, she did not take positive action to resolving the conflict of interest between Drabinsky and herself. Proper ways when one faces conflict of interest is to  quit the job or decline to do the fraud. Messina could have turned to a confidential counselling firm for advice so that she did not have to get involved further in the fraud. On the one hand, it is enough punishment for her involvement in the fraud. She helped the accounting department at Livent to conceal the manipulation of financial statements. Also, as former partner at Deloitte, she abused her influence on the outside independent auditors to comb the financial reports of Livent before they filed to ensure the fraud undetected. What she did violated the standard professional codes for accountants and auditors, and thus she should be subject to penalty. According to the documents from Securities and Exchange Commission (1999), Messina was involved in discussion and approval of every manipulated records. She helped to hide these materials from the auditors so as not to be discovered the inflation in the company’s revenue. On the other hand, the SEC is conservative in judgement because of lack of evidence in proving Messina’s role in the fraud. First, it requires further investigation of the case to identify what she really did and her attitude in the fraud supported with evidence. Moreover, Messina, according to the case material, did show adversarial attitude toward Drabinsky’s fraud plan at first. It means that she still sticked to professional discipline in the beginning, though she yielded to Drabinsky’s bullying later. Also, Messina showed humble attitude in investigation and trial, and cooperated with the commission to investigate the case. It is adequate that the judges punished Messina both financially and professionally. She not only has to give back the illegal money she gained from the fraud, but also should be prevented from doing the practice until she can finally reflect on her mistakes before returning to the business as chief financial officer. However, the amount of fine is too little for Messina to realize her improper behaviours, considering the massive consequences of the fraud and the amount of money they benefited from manipulation. But the judgement should after all based on the evidences and regulations. The judge should take the good and bad things Messina had done  throughout the fraud into account to decide. Also, the punishment against Messina requires further investigation of her role in the fraud, which is disputable. References Coleman, J W 1987, ‘Toward an integrated theory of white-collar crime’, American Journal of Sociology, vol 93, no. 2, pp. 406-439. Dellaportas, S 2013, ‘Conversations with inmate accountants: Motivation, opportunity and the fraud triangle’, Accounting Forum, vol. 37, pp. 29-39. Elrod, H Gorhum, M J, ‘Fraudulent financial reporting and cash flows’, Journal of Finance and Accountancy, vol. 11, pp. 56-61. 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