The Death Penalty (876 words) Essay Example For Students

The Death Penalty (876 words) Essay The Death PenaltyI feel that this type of punishment is cruel and unusual. in violation of the EighthAmendment. I also say with the long wait on death row and the inefficiency of thesystem, criminals are not deterred by this treatment. In addition, they ask, where is theline drawn for crimes punishable by death? Out of 3,860 inmates executed from 1930 to1980, 3380 were executed for murders; however, about 500 more were put to death forother crimes. There is also the possibility that a criminal might be put to death for a crimethat another criminal in different state might have gotten a different punishment for. Andmore minorities and ethnic Americans are executed, for the same crimes, than whiteAmericans. If people want to punish some one , I think killing really isnt going to doanything. When a person steps foot in the world of crime, they give up life. So how isstopping life and giving up life really different. Death will approach them anyway, theonly different thing is who hand th em it . I dont think Human have any right to takesomeones life, even our own. If people want to punish these criminals, punish them in away that they feel pain ,and agony, so that they ask for you to kill them. For the peoplewho have no conscience, we need to create one for them, so they can at least know andfeel the guilt of what theyve done. We will write a custom essay on The Death Penalty (876 words) specifically for you for only $16.38 $13.9/page Order now As of September 24, the United States set a new record by executing seventy-six persons in 1999,more than in any year since the death penaltys reinstatement in 1976. Nearly half of the 1999 executionsthrough September were carried out in Texas and Virginia. Among those executed in 1999 were foreignnationals, a juvenile offender, and individuals who may have been mentally ill or retarded. Approximately3,500 people were on death row. Doubts about the death penalty were particularly acute in Illinois: three of the six personsexonerated on grounds of innocence and released from death row during 1999 had been tried andimprisoned there. Illinois dramatic cases in 1999-one of the death row inmates had come within two days ofexecution five months before his exoneration-sparked a number of investigations into the states use of thedeath penalty. Governor George Ryan also signed legislation devoting public funds for prosecution anddefense in capital trials, including monies for attorneys, investigators, and forensic specialists. The US continued to be one of only six countries to execute persons who were younger thaneighteen when the crimes for which they were sentenced were committed. The imposition of the deathpenalty on persons who were under eighteen years of age at the time of their offense violated the provisionsof international and regional human rights treaties to which the United States is party. Despite nearlyunanimous international condemnation of the use of the death penalty for juvenile offenders, six countries inthe world-Iran, Nigeria, Pakistan, Saudi Arabia, the United States, and Yemen-were known to haveexecuted juvenile offenders in the 1990s. The United States led the list with ten such executions between1990 and 1999. In 1999, the United States carried out the execution of one juvenile offender, Sean Sellers,marking the first time in forty years that the United States has executed someone for crimes committed as asixteen-year-old. Seventy juvenile offenders were on death row in the United States as of July 1, 1999. In positive developments, the highest court of the US state of Florida ruled that the imposition ofthe death penalty on sixteen-year-old offenders was cruel and unusual punishment in violation of the stateconstitution; and effective October 1, 1999, the state of Montana abolished the death penalty for thoseunder eighteen at the time of their crimes. As a result, of the forty states that retained the death penalty afterOctober 1999, six allowed offenders sixteen years of age or older to be put to death. Nineteen states limitedthe death penalty to those seventeen or older at the time of their crimes, and fifteen states restricted capitalpunishment to adult offenders. .uc8ec75b242eba9a9640bf964b2266510 , .uc8ec75b242eba9a9640bf964b2266510 .postImageUrl , .uc8ec75b242eba9a9640bf964b2266510 .centered-text-area { min-height: 80px; position: relative; } .uc8ec75b242eba9a9640bf964b2266510 , .uc8ec75b242eba9a9640bf964b2266510:hover , .uc8ec75b242eba9a9640bf964b2266510:visited , .uc8ec75b242eba9a9640bf964b2266510:active { border:0!important; } .uc8ec75b242eba9a9640bf964b2266510 .clearfix:after { content: ""; display: table; clear: both; } .uc8ec75b242eba9a9640bf964b2266510 { 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; } .uc8ec75b242eba9a9640bf964b2266510:active , .uc8ec75b242eba9a9640bf964b2266510:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .uc8ec75b242eba9a9640bf964b2266510 .centered-text-area { width: 100%; position: relative ; } .uc8ec75b242eba9a9640bf964b2266510 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .uc8ec75b242eba9a9640bf964b2266510 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .uc8ec75b242eba9a9640bf964b2266510 .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; } .uc8ec75b242eba9a9640bf964b2266510:hover .ctaButton { background-color: #34495E!important; } .uc8ec75b242eba9a9640bf964b2266510 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .uc8ec75b242eba9a9640bf964b2266510 .uc8ec75b242eba9a9640bf964b2266510-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .uc8ec75b242eba9a9640bf964b2266510:after { content: ""; display: block; clear: both; } READ: The Prevalent Issues of Surrogate Parenting EssayState authorities and US courts continued to disregard violations of the rights of defendants whowere not US citizens. Under the Vienna Convention, these defendants were supposed to be advised, uponarrest, of their right to contact their embassies for assistance. In 1999, five foreign nationals were executeddespite reports that their right to consular notification had been breached: Jaturun Siripongs of Thailand;Karl and Walter LaGrand, brothers from Germany; Alvaro Calambro of the Philippines; and StanleyFaulder of Canada. Pleas from their governments were ignored, as were appeals from theInternational Court of Justice in t he cases of the LaGrand brothers and Stanley Faulder. The USState Department did show signs of increased concern about Vienna Convention violations: Secretary ofState Madeleine Albright wrote to Texas Governor George Bush in an attempt to halt the execution ofStanley Faulder, and the department was reportedly publishing and distributing training materials for policeregarding their obligations under the convention. In October, the Inter-American Court of Human Rightsissued an advisory opinion regarding US obligations under the Vienna Convention and opined that thefailure to notify foreign nationals about their right to seek consular assistance was in all cases a violation ofdue process under the International Covenant on Civil and Political Rights and the American Convention onHuman Rights. Bibliographywww.politicalissues.com

Police Targeting African Americans Professor Ramos Blog

Police Targeting African Americans In America today, we face many problems such as Police Brutality. Police brutality  is one of several forms of  police  misconduct which involves undue violence  by  police  members. Although illegal, it can be performed under the color of law. Police are to be trained to protect and serve for all the days of their life, instead they are using the term â€Å"they were afraid for their life† and had to take another life. In many of these cases officer are killing unarmed African Americans, but why, we may never know. Do we say that officers are doing their job, or is there a clear target for who the officers are going after? As an African American in today society instead of calling for police, WE are who are afraid of the police and for our life. I do not believe that officers are just doing their job, there has been too many cases so similar ending in an unarmed death of an African Americans. There must be better training, there must be background checks, they sho uld undergo more stressful scenarios to be able to handle high pressure situations. They should shoot blanks or aim for their legs not to take their life. African Americans are humans too like any other race just the color of the skin is different. That does not automatically make them dangerous or criminals. There are too many ways to prevent police brutality that it is frustrating that it is not being done. It all starts with the police. If officers are not being held accountable it will continue to happen. So, would you say that the Police Officers all around America are targeting African Americans more than any other race? I definitely am. I have witnessed firsthand officers doing that, and so has the rest of the world. It’s called DWB (driving while black) and it is a real thing. My brother was pulled over for that same reason, and the officer told him what are you doing in this area doesn’t look like you belong. Since when was that appropriate, and how is that considered protocol.   My brother was parked in front of our house and was targeted for not looking like he fit in the area. Things escalated quickly and luckily for my brother he was not shot, instead he was choked out and arrested for resisting arrest.   He had no warrant, no record and he was not doing any reckless driving. As he was detained in the police car, police cars continued to show up in total there was nine cars. For what? The officer claims it was for crowd control, but there was no crowd outsid e, just a black man in the back of a police car with no weapon and treated as an armed criminal. Of course, the officer was considered doing his job, and my brother was the one in the wrong and ended up being fined for taking it to court. He lost the case of course, and is now on three years’ probation. He did no wrong and was treated as a murderer. Here are some cases involving police brutality and innocent African Americans lives being taken. â€Å"St. Louis police officer Jason Stockley shot and killed  Smith in December 2011, after Stockley and his partner, Brian Bianchi, witnessed a suspected drug transaction and Smith allegedly fled the scene. After the police chase ended, Stockley exited the SUV with his department-issued handgun and a personal AK-47 pistol, a violation of department policy, according to a criminal complaint. Stockley fired five times into Smiths vehicle. Stockley was acquitted after St. Louis Circuit Judge Timothy Wilson said the state failed to prove that Stockley did not act in self-defense. (Park 1) Philando Castile 32-year-old Minnesota man was fatally shot during a traffic stop by police officer, Jeronimo Yanez, in July 2016. Jury found Yanez not guilty. (Park 1) Terence Crutcher a 40-year-old man was shot in September 2016 by Tulsa Police Officer Betty Shelby after Crutchers SUV was found stalle d in the middle of the street. Shelby testified that she opened fire because she feared for her life. Videos of the shooting showed Crutcher walking on the road with his arms in the air before being shot. (Park 1) The 43-year-old Samuel DuBose who was pulled over for a missing front license plate was shot in the head in a July 2015 incident captured on body-camera video. The officer, Ray Tensing, was charged with murder and voluntary manslaughter. Tensing testified that he was being dragged by the left arm when he reached up and shot DuBose, while prosecutors said he wasnt being pulled by the car and didnt need to fire at DuBose.  A mistrial was declared in 2016. A second mistrial was declared in 2017 after juries deadlocked over a verdict.† (Park 1). In all these cases none of the victims were holding a weapon, none appeared to be dangerous yet all of them lost their life based on the color of their skin. There are many people affected by police brutality towards African Americans, not only African Americans but nationwide. Black Lives Matter is an international activist movement originating in the African American community that campaigns against violence and systemic racism towards black people. It was founded on July 13th, 2013. Many peaceful marches have been held after the Black Lives Matter was founded, but some riots ended up taking place as well. Martin Luther King JR said, â€Å"Riots do not develop out of thin air.† â€Å"Riots occur because these police killings just keep happening, no matter how many peaceful marches happen. It is, in every sense, maddening.† (Joseph). Many famous people are using their platform to try and bring light to the situation. Beyoncà © Knowles singer, actor paid tribute to Black Lives Matter in her halftime Super Bowl performance in 2017 to show she will stand up against police brutality. Colin Kaepernick former quarterback of 49er s started kneeling during the national anthem. When asked why, he told the press: â€Å"I am not going to stand up to show pride in a flag for a country that oppresses black people and people of color.† (Smith). Kaepernick will not stand for the national anthem until he sees justice for his people and police brutality to end. These celebrities and many more have made a stand to stand by the people to hope to help end police brutality. They are trying to let the world know police brutality is real and racism is still happening and there has to be a way to make ends meet and let justice be served worldwide. While the officers are here to protect and serve, they created a Blue Lives Matter. Blue Lives Matter is a counter movement in the United States advocating that those who are prosecuted and convicted of killing law enforcement officers should be sentenced under hate crime statutes. It was founded on December 20, 2014. â€Å"Blue Lives Matter, a pro-police movement  formed in 2014 as a reaction to Black Lives Matter following the Ferguson protests, aims to â€Å"contradict the anti-police philosophy and hatred that Black Lives Matter pushes out,† spokesperson and retired Las Vegas police lieutenant Randy Sutton told Rewire News (Corcione). Some would say that officers are just doing their job.   The  duties  of a  police officer, also known as a  law enforcement officer, focus on protecting people and property. They patrol the areas they are assigned, which sometimes include entire jurisdictions, respond to calls, enforce laws, make arrests, issue citations, and occasionally testify in court cases. Patrol officers are taught six ways to reduce and manage biases. As part of the curriculum, there is also a test that has officers ask themselves: â€Å"Would I be requesting consent to search, but for the fact that this person is black? That this is a teenager?† Dr. Fridell explained. â€Å"You picture the person with a different demographic, and would I still be asking this way?† (Baker). Another exercise encourages officers to recognize biased behavior in others and to be on guard for profiling by proxy. Greg Meyer, a retired Los Angeles Police Department captain, responds to a Los Angeles Times ed itorial by stating, â€Å"Since January 2015, there have been about 170 American peace officers killed in the line of duty by gunfire. This happens when the officers do not recognize and react to the deadly threat soon enough. We would all be better off if people did not run, resist or attack officers who are doing their jobs, or hold shiny objects in their hands that they suddenly pull out when resisting arrest.† (Thornton 1). It may seem that Meyer is okay with the police killing unarmed victims because they did not follow proper procedure while being pulled over or arrested. Mike Post former chief of police talks about officers in the heat of the moment. He states, â€Å"Hindsight is a great thing, but what gets left out of the discussion is how often a police department might be sued if it had done nothing to intervene and, say, some knife-wielder went on to stab someone. This is not a conservative-versus-liberal debate, just one of common sense about well-intentioned co ps who are presented with only bad options to pick in the heat of the moment. Whats alarming is the number of people who feel they have more insight than the men and women on the street who risk their lives daily† (Thornton 1). He suggests that at the heat of the moment they only have bad choices to make and if they don’t make those bad choices they could face being sued. One case where they have been sued is when an officer on duty at a high school refused to go into the school while he knew there was a shooter on campus. Meadow Pollack was a senior who attended the high school who died during the shooting, her father Andrew Pollack is not only suing for a wrongful death lawsuit against the shooter but the security officer as well. â€Å"I’m not interested in any money,† Pollack told the Sun Sentinel â€Å"I just want to expose what a coward [Peterson] was and that he could’ve saved everybody on the third floor. I don’t want him to go anywh ere in the country and not have people recognize what a coward he is.† (Flynn). I am African American, and I fear for my life as a Black person that even though I have no warrants, no tickets, nothing wrong with my background, but if I get pulled over, I may have a horrible officer who can just take my life and get away with it. Not all officers are like this, but we need to end this police brutality. We need equality throughout the world. We as a nation must find the best way to get our police properly trained so they can aide all ethnicity. We must have a system where black people or people of color are not targeted because of their skin. Imagine being a mother you don’t want to raise your child and tell them because of your skin you must watch your every move even with the people who are here to protect you. All lives matter, and we shouldn’t have to protest to get that point across. Baker, Al https://www.nytimes.com/2018/07/15/nyregion/bias-training-police.html  Ã‚   July 15, 2018 Corcione, Danielle https://rewire.news/article/2018/08/30/blue-lives-matter-supporters-marched-in-philadelphia-while-police-brutalized-counter-protesters/   August 30, 2018 Flynn, Meagan https://www.washingtonpost.com/news/morning-mix/wp/2018/05/01/father-of-parkland-shooting-victim-sues-coward-school-resource-officer-among-others/?utm_term=.dd62d20331e1 May 1, 2018 Joseph, George https://www.citylab.com/equity/2016/09/from-ferguson-to-charlotte-why-police-protests-turn-into-riots/500981/  Ã‚   September 22, 2016 Park, Madison https://www.cnn.com/2017/05/18/us/police-involved-shooting-cases/index.html   October 3,2018 Smith, Mychal https://www.theguardian.com/commentisfree/2018/sep/12/colin-kaepernicks-protest-unpatriotic-justice  Ã‚   September 12, 2018 Thornton, Paul latimes.com/opinion/readersreact/la-ol-le-stephon-clark-police-shootings-race-20180407-story.html   April 7, 2018

Response may 27 Essay Example | Topics and Well Written Essays - 250 words

Response may 27 - Essay Example These two articles show that any choice of attire sends a message to the community. Even if people try to dress casually or ordinarily, they inform other community members about their attitude, personal traits and references. People can dress up to attract attention; the majority of people still choose some casual clothing to feel included or to be like all other people around. By their clothing, they support community norms and expectations which are common in their society. Cross-cultural Cross-dressing: Japanese Graphic Novels Perform Gender in U.S. by Kornfield researches the connection of fashion and gender. Almost all world societies require clothing items to reflect certain gendered qualities. For instance, clothes in Manga established strict gender standards concerning femininity and masculinity which are restrictive to sexual minorities. This article contains even more examples which show that the same connection of fashion and gender is common in all Asian cultures. This article can serve as a relevant source of information for further

Organizational communication. Focus on BP website Essay

Organizational communication. Focus on BP website - Essay Example They aim to create and enhance value of the shareholders and meet the growing demand of energy. The aim is to create a safer and stronger BP that can utilise its capabilities and strength in their downstream business, value chains, managing the giant fields, deep sea operations and explorations. All these activities are underpinned by innovating through technology and building strong relationship with the communities, partners and the government (BP. 2012). How is computer mediated communication used in this communication domain? Computer mediated Communication facilitates in creating a new communication environment in which individuals can interact. The tools that are used for this computer mediated communication mainly includes the emails, group chats, communication forums such as mail groups, discussion group and billboards that occupies a significant amount and space in peoples life. CMC uses a wide range of technologies for helping individuals to interact by sharing information that includes web pages too. CMC provides a communication media and space in which people can form communities and interact between each other. CMC has become an integral part of everybody’s life (Barnes, 2002). ... Internet brings in the elements of both mass communication and human. Interactivity which is a very important aspect of the CMC; internet is seen to facilitate the process of communication (Rafaeli and Sudweeks, 1997 cite in Thurlow and Tomic et al., 2004). The interactions are not only seen to distribute social goods but also provide clear structure to work. The internet is a medium that provides two ways communication and feedback. In case of BP they are struggling hard to establish themselves as a leader in safety, a responsible corporate citizen, world-class operator and as good employer. They are trying hard to gain back the trust from their stakeholders and provide a growth in their values. They look at maintaining trust among the people present inside and outside the company. Their aim to gain trust is through dealing fairly and responsible in whatever they do. The performance of the organization is closely monitored by the management and the same is reported in a transparent manner. For this they strongly rely on open communication and dialogue are given high importance if they are meant to meet the expectation of the local communities in which they operate, shareholders, customers and the employees. BP is well known among the researchers for using collaborative technology in dealing with communication (Majchrzak and Rice, et al., 2000). Some year ago BP has provided an elaboration in the London Times and regarding their learning about some key technologies that helped them deep sea exploration by collaborating with Shell Oil Company in the Gulf of Mexico. The competitive strategy of BP is their ability to leverage knowledge. Rather than by conducting some basic research by themselves they look for going learning from their partners and the

Public formulation and implementation Essay Example | Topics and Well Written Essays - 500 words

Public formulation and implementation - Essay Example Public formulation is concerned with the generation of ideas that can help the public sector achieve a certain set of strategy. This process calls for expressions of interests from the experts. Experts from professional background such as; economists and researchers are always called upon to help the public administrators evaluate on any possible investment opportunity. After a lengthy evaluation of various strategies, the public administrator picks one project. Before doing so, a cost-benefit analysis is done to weigh on the investment viability. This is usually done to evaluate on the project that has high returns and less costs. The life years of the project is also taken into consideration. The longer the life year of the project determines the chance of investing on the project. Project approval is the second strategic steps that a public administrator follows. After the cost-benefit analysis of the project is done, internal rate of return (IRR) is also done. IRR analysis is done in order to examine the returns that the investment will realize in the entire life years of the project. The public administrator then approves for the most viable project. They approve the project and prepare the budget. Once the budget is approved, the project then prepares for the next step; implementation process. Implementation of this project is then executed. A public administrator deploys quality personal into performing this task. Day-to-day monitoring of this project is done to ensure that all the steps and processes are followed to the later. The chief project manager keep a record of the implementation process to make sure that all the provided steps is adhered to strictly. Implementation process is the key to the viability of the project as this will determine whether the project will be realized or not. An independent project expert that the public administrator appoints should work to

The Spirituality And Architecture Theology Religion Essay

The Spirituality And Architecture Theology Religion Essay Spirituality  is an ultimate or an alleged immaterial  reality. The essence of spirituality is the search to know our true selves, to discover the real nature of consciousness. In other words, it is a constant discovery of the incredible, our real self, and a quest of our true being, why we are, who we are and where we belong. This has been a part of the eternal quest of man from times immemorial. These questions have been answered differently by many but are subject to ones own belief interpretation and perception. Sri Aurobindo in Indian Spirituality and Life (1919)says Man does not arrive immediately at the highest inner elevation and if it were demanded of him at once, he would never arrive there. At first he needs lower supports and stages of ascent, he asks for some line of thought, dogma, worship, image, sign, and symbols, some indulgence and permission of mixed half natural motive on which he can stand while he builds up in him the temple of spirit.(Sri Aurobindo, Indian Spirituality and Life, 1919) Mans quest of truth, reality and peace has been unending. Overawed with the infinite nature, whatever he could not comprehend he attributed that to the glory of nature. Mans intellect cannot accept anything that is unknown, unseen and has no fixed shape or form. Thus to satisfy his intellectual curiosity man gave physical form to the divine being. Spirituality is our attempt to become aware of our spirit. Spiritual architecture refers to any building system that facilitates this awareness. It is, an act of highlighting or bringing forth the self, not by rejecting matter but by manifesting it in matter, at various levels and in multiple forms. E.V. Walter in Placeways, defines spiritual space as à ¢Ã¢â€š ¬Ã‚ ¦ a specific environment of phenomena that are expected to support the imagination, nourish spiritual experience, and convey spiritual truth (Walter,E.V., Placeways: A Theory of the Human Environment, 75). Spiritual spaces can be found in nature or they can be a constructed space. A spiritual space found in nature is a place designated by individuals or groups as such a place. It is a distinct space, a place whose character sets it apart from its surroundings. They are distinct from typical or commonly found places. The designation of a place as spiritual comes from the human need to establish a connection with inner truth. A place that is spiritual to one person or group of people may not be spiritual to others. Architecture of a space can invoke all the senses, help one concentrate ones positive energies to calm a disturbed mind and take a peaceful stable mind beyond the physical. It is an inevitable part of life. It attempts to reflect mans source and the reason of being in several varied ways. Architecture is more than mere physical shelter or symbolic artefacts. They are catalyst towards our dwelling, between our being and the world. Architecture, together with the other arts, has, since time immemorial, been one of the most powerful means to pursue and realize this quest and give it physical-symbolic expression: how to create an identity and a place for our being from within the vast, shapeless and infinite extent of time and space; how to affirm our presences and gain a foothold, in the universe. (Gunter Dittmar, Upon the Earth, Beneath the Sky: The Architecture of Being, Dwelling Building, 2001) Successful architectural expression is one, which is able to do both; provide an enriching experience and an unforgettable image. It becomes more important while expressing spirituality in material to provide for an experience of, both the form and the formless, one perceptible by the senses and other beyond senses. Since sacred spaces are separate from everyday places in a designated precinct, value is placed on the journey and arriving at the sacred place. The path and the ritual journey are part of the sacred experience. It is a universal goal of mankind to seek or to create spiritual spaces. What is a spiritual space, and what are the qualities which describe that space? What defines spirituality and the space it makes and how does this form relate to us today? RESEARCH QUESTION What are the attributes of spiritual spaces? 1.2 NEED FOR JUSTIFICATION The current crisis of environmental degradation is also a crisis of places. People are systematically building meaningless places. We must develop a way of understanding the built environment and the natural landscape. True renewal, will require a change in the way we structure experience for understanding both the natural land and the constructed world. Since, the spiritual dimension and moral obligation have been discarded by the modern. Materialism divorced from ethics has corrupted the society. Therefore, more and more people are turning to Spirituality, Yoga and Meditation. Religious people are searching for the lost grid of spirituality in religion. Thus, there is a growing need of buildings to cater this need of people. There are spatial qualities and architectural elements based on experiential background and emotional attachments. To identify and define these connections, one has to go beyond the basic observation of signs and symbols, and analyse the spatial qualities and architectural elements which stimulate senses. 1.3 SCOPE OF THE STUDY A brief study of design tools, which are capable of making the experience soul stirring. These include form, space, volume, geometry, scale and proportions, light and colour. Historical and symbolic aspects of spiritual spaces have already been discussed. (Stella Kramrisch, The Hindu Temple, Vol. 2; Sir Banister Fletchers a History of Architecture, Sir Banister Fletcher,  Dan Cruickshank; Indian Architecture (Buddhist and Hindu Period), Percy Brown) Thus this study will be focused towards the very fundamental architectural criterion and spatial impression on individuals mind. The study does not discuss in detail many issues, like evolution, construction, etc. But focuses on the internal design aspects, concerning the designing of a spiritual space, which are known and acknowledged. Study should avoid commenting on the beliefs and rituals of various religions, but should debate towards the evolution and change of spatial qualities and form. 1.4 LIMITATION FOR THE RESEARCH Study of sacred spaces of all faiths is not possible within the limited time frame. A study of the built environment shall be undertaken which shall include only the spiritual aspect, the qualitative parameters and not the technical evaluation of the built form. Considering the time frame provided for the completion of the study, primary case studies taken are done from Delhi only. It would have been desirable to study how sacred can be woven into the everyday as well. 1.5 METHODOLOGY The study is intended to be broken into subheads that will make it easier to understand the topic that talks about spiritual dimensions in sacred spaces and architectural qualities influencing human behaviour. STAGE 1 IDENTIFYING NEED FOR THE STUDY Trying to find the objectives of study. Setting up the scope and limitations. STAGE 2 LITERATURE SURVEY Through the survey of all possible data related to the topic or on architecture and human behaviour. This stage of the research includes collecting data that is directly or indirectly related to spiritual aspect of architectural spaces. This has been done through the printed form or from the internet, articles and discussions of peoples relating to the study. Literature survey aims at sorting out case studies both inside and outside India and also at getting an review of what are the recent developments and events that are taking place in the field of spiritual architecture. STAGE 3 LITERATURE SURVEY 2 A study has been undertaken to understand the mental conditions of a man in different spaces and its relation with the creator. Through this the topic got defined and the question got framed. STAGE 4 INTERRELATING DIFFERENT SACRED STRUCTURES As our concern is on human being, the structures affecting human mind around the world should have similarities. Search for the overlapping of spatial qualities in sacred structures around the world. STAGE 5 FRAME WORK To make a framework of different issues and principles studied which can be applied on case studies. List of issues formulate questionnaire for the case studies and interviews. List of issues: Open and closed space Portal or entrance Path and surrounding landscape Destination point Form, geometry, proportion and scale Articulation and symbolism Light, colour and sound Touch, smell and taste STAGE 6 Fig 1.1 ISKCON Temple, New Delhi Fig 1.2 Cathedral Church of Redemption, New Delhi Fig 1.3 Jama Masjid, New DelhiCASE STUDIES ISKCON TEMPLE, NEW DELHI CATHEDRAL CHURCH OF REDEMPTION, NEW DELHI JAMA MASJID,NEW DELHI Case studies are selected to understand the sacredness and the spiritual consciousness through the built, the purpose behind it. Case studies will throw some light on the spatial qualities of spiritual spaces. Suitable case studies will be undertaken to examine the need of the topic and its negligence in present day scenario. STAGE 7 CRITICAL ANALYSIS OF CASE STUDY All the information collected so far was then analysed thoroughly. An analysis of experiencing the sacred buildings to out the design tools that an architect can employ to create the desired spiritual experience. STAGE 8 DESIGN IDEA FORMULATION After assimilation of all matter and analysis of material collected, conclusions are derived, as to, how an architect can use design tools to stimulate all the senses and make the experience of a spiritual space spiritual. CHAPTER 2: SPIRITUAL ENVIRONMENT AND HUMAN BEHAVIOR 2.1 SPATIAL QUALITIES AND HUMAN MIND The sacred is never intentionally chosen, but in some way or the other revels itself. -Eliade (1963) The meaning of structured space, a meaning which we believe lies in its dynamic relationship to its human personality and to our mental health. Fig 2.1 The self- Hindu thought (Source: Prof. H.D. Chayya)The environment in which humans operate has an important influence on their wellbeing and performance. Our structured environment is so important and, influence direct or indirect, on the shaping of personality and the choice as well as the attainment of goals. Emotional design and tangible interaction are compelling forms of enhancing user engagement. The combination of these modes of interaction can create a new dimension of human experience when physical movement in space or the manipulation of objects triggers emotions within an individual. By seamlessly integrating expressive tangible interaction techniques with ambient intelligence, that is, by creating environments that are sensitive and responsive to human gestures, meaningful experiences can be constructed. Leon Festinger, Stanley Schachter and Krik Bach found in their detailed studies of one urban situation, that physical spaces play a very large part in the formation of community relationships à ¢Ã¢â€š ¬Ã‚ ¦and even minor architectural feature, such as the position of staircase and mailboxes, had important effects on the social life of people. The architect who builds a house or who designs a site plan, who decides which direction the houses will face and how close together they will be, also is, to a great extent, deciding the pattern of social life among the people who will live in those houses.(Strengthening Weak Ties: Social Networks and Student Housing, Thesis, B. Design in Architecture, University of Florida, 2011) Geoffrey Scotts book The Architecture of Humanism, 1914, he said, The architect models in space as a sculptor in clay. He designs the space as a work of art; that is, he attempts through his means to excite a certain mood in those who enter it. The view has been elaborated by others, among them Bruno Zevi, Architecture as Space, 1957: the facade and walls of house. Church, or palace, no matter how beautiful they may be, is only the container, the boxà ¢Ã¢â€š ¬Ã‚ ¦; the content is the internal space. As Geoffrey Scott suggests, Space itself is not obvious, cannot be visually perceived; one sees only objects in space; or the structural members that encloses the space. Space itself can only be sensed- that is, felt; its quality is apprehended by means of the senses, but its effect is upon the emotions, and cannot readily be rationalized, measured or depicted. One can only gauge and describe accurately enough the adequacy or structural soundness, its provision for warmth, ventilation, sanitation, light, and other physical factors. One can criticize its components in terms of proportion, texture, colour and other aesthetic considerations. Fig. 2.2, 2.3, and 2.4 (Source: F.D.K.Ching, Architecture Form, Space and Order 3rd edition) Fig. 2.5 Non-sign II-art installation by  Annie Hans  and  Daniel Mihalyo But beyond all of these, there is an overall effect exerted upon ones consciousness by architectural space which defies precise definition.(Scott, Geoffrey, The Architecture of Humanism, 1914) Architecture truly conceived, is nothing less than the conscious and careful determination of our whole structured environment and leaves an impression on individuals mind, which can be controlled. Like a stage setting that controls the movements of actors and defines where and under what circumstances they can meet, our habitat channels our movements and influence our contacts. If we think of buildings at all, it is usually when we are jolted by some outrage, such as a stalled elevator or a leaky roof, long columned corridor, a double height space. (Walter, E.V., 1988, Placeways: A Theory of the Human Environment) Table 2.1 The concept of the spirit of a space (Source: Author)Some of the architectural integrant which affect human psychology are: Five senses Hearing Touch Sight Taste Smell The basic elements Space Air Fire Water Earth Instruments of perception (to acquire inward) Ear Skin Eyes Tongue Nose Work organs (to act outwards) Speech communication (exit) Hands work (finger) Feet mobility Anus discard Genitals procreate Control centre force Mind (flow of thoughts and emotions) Intellect (power of discrimination) The presiding force (PRANA or the life force) The cosmos consciousness or the supreme energy Architecture Silence Climate Light Plumbing Landscape transformation Acoustics Weather Colour Cooling Related technological fields Vibrations Texture surfaces Texture forms Repose odour Emotional Design Emotion is a fundamental aspect of what makes us human; it shapes our cognition, perception, memory, and learning and it colours our past, present, and future experiences. Emotional value is important in design for enhancing user experience as Donald Norman explains: Our attachment is really not to the thing, it is to the relationship, to the meanings and feelings the thing represents. Emotional design then, provides an aesthetic interaction that engages users on an emotional, meaningful, and psychological level. Whereas affective computing focuses on the system recognizing and adjusting to what it believes the user is feeling, emotional design focuses on the emotional experience. Physical and Tangible Interfaces Human movement is often spurred by intention and motivation within people. Tangible user interfaces allow users to interact with virtual information by sensing and manipulating physical environments through objects, surfaces, and spaces. Relation of architecture and human psychology is far interrelated. Appropriate use of various architectural components has the capacity of enlightening the atmosphere whereas inappropriate use does the opposite. The building forms, the functions incorporated in it, colours, negative and positive spaces in and around it may be the few points but architecture is directly attached with human psychology from conscious to subconscious level. 2.2 PLACEBO EFFECT: SCIENTIFIC EXPLANATION For decades, scientists have tried to understand the mysterious power of what is called the placebo effect. Placebo studies prove how powerfully we are influenced not just emotionally but physiologically by how we perceive the world around us. Articulation and architectural conditions in homes can have powerful and long-lasting psychological impact. The placebo effect offers a clue that points to how we might create curative environments. The placebo effect as a therapy, the fact that believers in a wide variety of ancient faith systems also claim similar effects, as have modern scientists who study mind/body medicine. Fig 2.6 Illustration of the interrelationship of stress, belief and how they may impact on the placebo effect and the relaxation response. (Source: http://www.sciencedirect.com)In other words, it impacts an ancient part of our brain which we share with many other species. Endogenous opioids, which are naturally produced by the brain in small amounts and play a key role in the relief of pain and anxiety, have been implicated in placebo analgesia. CHAPTER 3: SACRED SPACE AND SPIRITUALITY 3.1 OPEN SPACES: AS SACRED SPACES Does spirituality needs sacred spaces and vice versa? Does spirituality really is incomplete without architecture? Is it not the quality of the inner life, open to a virtual dimension that transcends the sensible, that matters? Fig 3.1 Lodhi Garden, New Delhi (Source: Author)Open space has two different meanings that work together to create sacred places that are inclusive and aware of many elements that may be exclusive to any potential user of the space. An open space is open to the public, meaning anyone of any race, faith, culture, or belief is able to enter the space. The space is for the whole community of different people rather than just one particular group. Or, an open space is one that feels welcoming and non-threatening to those that spend time in it; it feels like home for the soul. The design of the space and the placement of features such as portals, paths, universal symbols that have meaning across all religions, nations and ethnic groups, lend to the openness of the space by inviting those outside of the space to enter it. The combination of a space being open on both a physical and spiritual level is what makes up Open Spaces, Sacred Places. 3.2 ATTRIBUTES OF A SPIRITUAL SPACE Architecture is the first pioneer on the highway toward the adequate realization of inner self. For this means it levels space for self-realization, informs his external environment, and builds a fit place for the aggregation of those assembled having similar faith, as a defence against the threatening of tempest, against rain, and savage animals. Besides the variety of buildings and design approaches in the effort to create a space where man can feel spirituality, there can be found some common design tools that help to create the soul stirring experience. The following discuss some of these parameters. The portal or threshold is the entryway into the sacred space, which helps to separate the space from the greater surrounding space and invites you to step inside. A portal can be created with a hardscape such as a gate or a portico, or with simple planting. Fig 3.2 Portal to Garden, (Source: http://www.luminous-landscape.com) Fig 3.4 Open space, (Source: http://www.luminous-landscape.com) Fig 3.3 Pathway in a Garden, (Source: http://www.luminous-landscape.com)The path invites exploration and discovery along the route. It meanders through spaces, fuels the imagination and entices one to see where it may lead. The destination point is an end point within a space that inexplicably draws visitors. It may be a resting place, such as a bench, or a beautiful natural feature, such as a gurgling fountain or rain curtain. It is a point within the sacred space where those who visit always end up. Sacred spaces may have more than one destination point. Space and Volume Fig. 3.5 Space defining elements, Source: F.D.K.Ching, Architecture Form, Space and Order 3rd edition) Space, whether of the individual or the universal, possesses a unique quality of experiencing. It is hyper sensitive, besides being super potential. Sense of surround defines the space as separate and apart from the overall outdoor environment. Visitors who enter the space feel as though they are entering into a room. There are natural or man-made boundaries (or a combination of both) that delineate the space within the greater environment. These boundaries provide a subtle feeling of shelter, enabling people to feel safe and enjoy their time spent in the space. (Nicolas, W. Robert Leo A Daly, 2004, building Type Basics for Places of Worship) By generating a continuous flow of spaces, each act movement becomes an experience. Each component of architecture becomes important and provides for this linkage. It can be by repetition of elements, alteration in scale and proportion, staggering, light, texture, and colour and also by using perspective as a device to accentuate the drama. (Robinson,J., 1979, Religious Buildings) Fig. 3.6 Form and Space, Source: F.D.K.Ching, Architecture Form, Space and Order 3rd edition) Form and Geometry Architectural form is the point of contact between mass and space Architectural Form required to fulfil its functional requirements for that is the reason for its being both physical and spiritual. (Saarinen, E., op.cit. pg 14)Every form conveys a meaning. It is important to understand how form can transmit a spiritual meaning. Certain shapes and forms are conventional associated with certain meanings. Scale and Proportion Fig. 3.7 Vastupurusa (Source: Charles Correa, Vistara; Architecture of India) Fig. 3.8 Vitruvius Man (Source: Leonardo Da vinci.stanford.edu)Scale refers to the size of something compared to reference standard or size of something else. Deciding the scale of a sacred space is a common design concern. Some blend into the fabric of the neighbouring community and landscape; others stands out as landmarks, easily recognized for their special purpose. Generally the sacred spaces take monumental scale to create an atmosphere of awe, mystery and magnificence. The scale of the interior spaces, the size and weight of doors, and the exposed structural columns and beams all serve to denote the special quality of the sacred space. Fig. 3.9 LeCorbusier modular Man (Source: Corbusier, The modulor)Proportion refers to the proper or harmonious relation of one part to another or to the whole. While the designer usually has a range of choices when determining the proportions of things, some are given to us by the nature and the man himself. Human body proportions are used not merely as numbers with an inherent harmony, but as a system of measurements that could govern lengths, surfaces, and volumes. It can lend itself to an infinity of combination; it ensures unity with diversity; the miracle of numbers. Proportional buildings and scale link spiritual architecture to the mathematical structure of the cosmos. The building should relate well not only to the human scale but also the psyche. Light and Colour Fig. 3.12 Khajuraho Temple (Source: Kota Kesava Karthik) Fig. 3.11 Prayer at Church (Source: http://en.wikipedia.org)Light is regarded to be the most important component in definition of space or the manifestation of form in an architectural space; it not only defines the space but also gives meaning to it. In this study one looks at how light can create a place of worship; how to make a quiet, enclosed, isolated space, space full of activities, filled with vitality. Fig. 3.10 Khirki Masjid (Source: Jegmet Wangchuk) Colour is the attribute that most clearly distinguishes a form from its environment. We respond to bright colours, for instance red, with the emotional part of our brain. First, our muscles get tense, and then we lean towards the colour. Our respiration and heart rate goes up and the blood pressure starts rising. The opposite reactions occur when we see light colours such as blue. Our muscles relax, the heart and respiration rate drops and the blood pressure lowers. It also affects the visual weight of a form. Gradation of colour exist; from pale to brilliant; from cold to warm. Thus colour expression is also full of meaning. Texture is an important asset of colour. It is the visual and especially tactile quality given to a surface by shape and arrangement, and the proportions of the parts. Texture also determines to which the surfaces of a form reflect or absorb incident light. It gives an expression to the surface, thereby contributing to the overall impression. Color Colors Characteristics Colors Actions Red Stimulating, exciting, provocative, dynamic Increased enthusiasm, interest, and energy Pink Happy, sweet, spirited, romantic, youthful Calm and relaxing feelings Brown Wholesome, rich, durable, rustic, sheltering A connection with the natural earth and the stability this brings Orange Friendly, vital, tangy, energizing, inviting Increases creativity and gives relief from things becoming too serious Blue Dependable, cool, serene, constant, quiet Broadens your perspective in learning new information Green Refreshing, healing, fresh, soothing, nature Gives freedom to pursue new ideas Purple Sensual, elegant, mysterious, regal, spiritual Calms over activity or energizes from depression Black Strong, classic, elegant, powerful, mysterious Opens the door to mystery and prepares for the unknown Yellow Warming, sunny, cheerful, luminous, enlightening Gives clarity for decision making and sharper memory and concentration skills white Pure, bright, innocent, lightweight, pristine Starts a fresh beginning Fig. 3.13 Colours in Culture (Source: www.informationisbeautiful.net) Table. 3.1 Concept of Colours (Source: http://en.wikipedia.org)Symbolism Symbolism We can identify iconography depicted in architecture of these buildings as the signs and symbols and the inspirations taken directly from some other structure or theories and thoughts spread across the world. A symbol is the juxtaposition that is, a co-optation of visible forms brought forth to demonstrate some invisible matter. One needs to identify with ones religion that is where symbols play an important role.( JosePereira, 2004, The Sacred Architecture of Islam) Table. 3.2 Iconography in major religions (Source: JosePereira, The Sacred Architecture of Islam, 2004)Sacred symbolism is considered to be present in every major religious building, around the world. Iconography of sacred geography in three major religions of the world: TEMPLE MOSQUE CHURCH MOUNTAIN Shikhara Minaret Lofty towers STONE Idol One that in Kabba Altar TREE Present in courtyard Cross WATER Sarovar Ritual ablutions in courtyard Place of Baptism But is it signs and symbolism only which draw an impact on our behaviour. When we get in to some space, is the aesthetical and visual perception only gets conceived in our mind. Fig. 3.15 Temple Bells (Source: Author) Fig. 3.14 Prayer at church (Source: http://www.mlive.com) Fig. 3.16 Reciting Quran in Mardrsa (Source: http://www.mlive.com)SOUND The reverberant sound quality created by the proportions and the materials of sacred spaces set them apart from the ordinary. Sacred music, singing, chanting, the ringing of temple and church bells and intoning of prayers characterize specific rituals. The change in sound quality from the cacophony of the street to the harmony resonant silence signifies entry into a sacred space. TOUCH The experience of touch identifies a sacred space; the weight of the door handle, the textures of materials on walls and seating, and the hardness of stone underfoot. A change in temperature, such as the transition from the blazing heat of a busy city street into the cool and solitude of an interior can also denote a sacred space. Most of the textures are touched by vision, iconography, formed an integral part of a temple and a church architecture to convey the complete narrative. Though the following two are not translated into architectural terms, but they form an indispensable part of a complete spiritual experience. SMELL Fig. 3.20 Garlands for devotees (Source: Author) Fig. 3.18 IItr, scented oil Fig. 3.19 Votive Candles (Source: Author) Fig. 3.17 Agarbatti (Source: http://www.mlive.com)Incense is used extensively in the Roman Catholic and Buddhist traditions as a symbol of prayers going up to the deity. The smell of agarbatti and the flowers offered to deity are indispensable parts of the rituals for Hindu as well as many other faiths. The incense sticks are used even in meditation centers as the intoxicating smell stimulates your senses to the positive and calms you down. TASTE Fig. 3.23 Christmas cake (Source: www.google.com) Fig. 3.22 Korma (Source: Author) Fig. 3.21 Laddo (Source: Kota Kesava Karthik)Though this sensory experience is missing in many of the architecture, it still is an integral part of many religious experiences. All the Hindu temples have Prasad and Chanramrit (sweet water) as an indispensable part of the worshipping ritual. Some believe that this custom of sharing sweets is a memorial of the sweetness of the deities. Christians offer holy water in a similar manner. The prasad is obligatory in the Gurudwara too. 3.3 SPIRITUAL DIMENSION IN EXISTING BUILDING TYPOLOGY 3.3.1 THE HINDU TEMPLE The Hindu temple is essentially the House Of God. It is not a place for congregational worship. Though congregation for religious ceremonies do take place, but the worshippers communication with the divine is his own personal experience. The worshipper goes individually to the house of God and invokes his blessings. Stella Kramisch, in her book, The Hindu Temple says, the intellect of the age, absorbed largely in divine contemplation, is reflected in the temple idol

Of Mice And Men: A Critical Look At Curley?s Wife :: essays research papers

‘Of Mice and Men’, a novel by John Steinbeck, tells a story of friendship, loneliness and aspirations. Two itinerants named George and Lennie go to work on a farm as labourers in a place named Soledad. The story then ends when George takes Lennie’s life. Almost everyone on the farm is lonely and the person that represents this the most is Curley’s (the boss’s son) wife, one of the most pivotal characters in the book. When Lennie and George arrive on the farm and are shown their quarters Curley’s wife, on one of her ‘looking for Curley’ routines, sees them both and immediately starts flirting with them. George gets angry when Lennie takes a shine to her and tell him to stay away and calls her a ‘bitch’ and a ‘rat-trap’ This view is also held by many of the workers on the farm. Curley instantly takes a dislike to Lennie when he firsts meets him just because he his much considerably larger that himself. Thi s attitude towards Lennie results in him getting into a fight with him but he loses when Lennie crushes his hand with his own fist. Curley’s wife knows Lennie did this even though Curly was told to say he had caught his hand in a machine. Curley’s wife pursuit of company leads her to seek solace with Lennie. She pours out her pent up frustration of her unrealised dreams and ambitions. When she realises Lennie isn’t taking much interest she lets him feel her hair. Lennie being Lennie strokes harder and harder even though Curley’s wife begs him to stop. As she struggled to get out of his grasp he accidentally broke her neck. Lennie then ran off to his hiding place where he was told to go if he ever did a ‘bad thing.’ When Curley discovers his wife’s body he runs after Lennie with a mob including George. This leads to George pulling a trigger on Lennie. I feel Curley’s wife is the most despairing and lonely character in the book. She has no friends, no future, no respect; she doesn’t even deserve a name. I really feel sorry for her, all she wants is someone to talk to, to converse with but in her mind the only way she can do this is by flaunting herself to the men just to get noticed. This leads her to be perceived as a ‘floosy’ by the men.

Contract and Italian Cuisine

Tullula Investments Ltd is a large South Australian company, which owns and operates many hotel and restaurants throughout Australia. Italian Cuisine Ltd, a food and catering business whose headquarters are in Brisbane, supplies goods commonly used by businesses such as Tullula Investments Ltd. On September 1, 2000, Italian Cuisine Ltd sent a fax to Tullula Investments Ltd, which read: â€Å"Can offer latest ‘Speedy Rice Cookers' at $100 each.†On October 1, 2000, Tullula Investments Ltd faxed a reply stating: â€Å"Will have four dozen. Need delivery by November 1, 2000.† Upon receiving the fax Italian Cuisine Ltd then wrote back to Tullula Investments Ltd saying â€Å"thank you for your fax which is receiving our attention†. Subsequently and prior to November 1, 2000, Italian Cuisine Ltd packed the rice cookers and loaded them on a van for delivery to Tullula Investments Ltd, but before the van set out, Tullula Investments Ltd phoned Italian Cuisine Ltd to say that they no longer needed the rice cookers.TaskDiscuss the legal position of Tullula Investments and Italian Cuisine in relation to the law of contract. Use case references to support your answer.  Having read the case study, analyse the case in respect to the following categories. Formulate your answer using these categories. Introduction – identifies relevant area of the law elements of a simple contractIdentify the issue(s) — offer and acceptance, intention to create legal relationsDefine and examine the laws and principles of offer and invitation to treat (ITT)Apply the laws and principles to the fact — rules of offer and ITT (objective test). Include relevant casesApply the laws and principles to the fact — rules of acceptance. Include relevant casesApply the laws and principles to the fact — issue of revocation. Include relevant casesConclusionCase study answer guide This is the answer guide to the Tallula Investments case study. Comp are your response to this guide and make sure you have covered each of these points.†¢State relevant area of law — contract, in particular simple contract †¢Outline elements of a simple contract †¢Identify elements with which there is a problem — offer + acceptance = agreement (Has there been a genuine offer, which meets all requirements of law? Has there been an unqualified acceptance, which meets all the requirements of contract law?†¢Fax by Italian Cuisine to sell rice cookers at $100 does not constitute an offer but an intention to trade (ITT) or supply of information. Define and discuss Case reference: students may quote any case which discusses the difference between ITT and genuine offer, eg they may apply the test from Carlill v Carbolic to demonstrate their answer or Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) (1953) 1 QB 401 or Partridge v Crittenden (1968) †¢Tallula Investments' reply by fax on 1 October, 2000 is not an acceptance but offer to buy the cookers at $100 each. Define and discuss Case reference: Harvey v Facey (1893)†¢Acceptance: define. Apply Italian Cuisine's response to Tallula Investments first reply â€Å"fax receiving attention† is not an unqualifiedd acceptance of Tallula Investments' offer Silence is not acceptance see Felthouse v Bindley (1862)†¢Revocation — define an offer can be revoked before communication of acceptance by offeror case reference Goldsborough Mort & Co Ltd v Quinn (1910) Apply: Therefore Tallula Investments would be entitled to revoke their offer before delivery of goods takes place.Model answer Below is a model answer based on the previous categories. The green highlighted text shows how the law has been applied to the facts. The yellow highlighted text shows relevant case citations.The case study deals tih a simple contract, which is not required to be in writing. The elements of a simple contract are: 1.Intention to create legal relations 2.Offer and acceptance (an agreement) 3.Consideration 4.Capacity of the parties 5.Certainty of terms 6.Legality of objectThe main issue in this problem is whether there is an ‘agreement' – offer and acceptance However, on the first element of intention to create legal relations, it is clearly a business/commercial relationship between Tallula Investments Ltd and Italian Cuisine Ltd and therefore the presumption is that the parties intend to enter into legal relations. There is no evidence to rebut this presumption (see Jones v Vernon Pools). The next issue to be dealt with is the ‘offer'. Has Italian Cuisine made an offer to Tallula in the fax September 1, 2000 which read: ‘Can offer latest speedy Rice Cookers at $100 each'In my view this is not a genuine offer, it is more in the nature of an invitation to treat. The words ‘can offer' is not a definite proposal to sell the cookers at the stated price but is simply suggesting that the Speedy Rice Cookers are available for sale. The test in deciding between an offer and an invitation to treat was set out in Carlill v Carbolic Smoke Ball Co which held that an ‘invitation to treat is a request for offers' and determined by the ‘ordinary person test'.Clearly here, we have an inducement sent out by Italian Cuisine to Tallula to enter into negotiations  for the purchase of the rice cookers. It is not a definite proposal, made with the intention that it becomes binding once accepted (see Partridge v Crittenden ). As the fax sent on the 1st September, 2000 by Italian Cuisine is not an offer we now need to consider the position with the Tallula fax at 1st October, 2000.This reply is not an acceptance. An acceptance is an agreement to be bound to the terms of an offer. The fax by Tallula is actually an offer to buy the cookers at $100 (see Harvey v Facey ).Italian Cuisine's response to the Tallula Investments' fax ‘receiving attention' is not an ac ceptance to the offer. An acceptance must be clear and unqualified to be binding. It can be argued that Italian Cuisine is actually ‘silent' on the issue of acceptance an silence is not acceptance (see Felthouse v Bindley ). We must now look at the issue of the revocation and decide whether Tallula Investments is required to take delivery and pay for the cookers. Since Tallula made the offer to Italian Cuisine which was not actually accepted, they are entitled to revoke that offer. An offer can be revoked by an offeror before communication of acceptance by the offeree (see Goldsborough Mort & Co v Quinn). Tallula Investments therefore, do not have to take delivery or pay for the rice cookers as they are not bound by the contract of law.

A Strategic Marketing Plan for the Coca

A Strategic Marketing Plan for the Coca Executive Summary This paper was written in order to develop a marketing strategy for the Coca-Cola Amatil group (CCL). The main focus was not on the entire product line of the group but for a new product, Coke Zero. The CCL has enjoyed a lot of success for its internationally known brands such as Coke and Sprite. It however lags behind in the energy drink and sport drinks department.Advertising We will write a custom report sample on A Strategic Marketing Plan for the Coca-Cola Amatil Company specifically for you for only $16.05 $11/page Learn More Following this, it was important to develop a marketing plan that will improve the sales of Coke Zero. First, we looked at the company and the current situation it is in, both internal and external. We noted that the company has a very good external environment that promotes investments, has good trade laws and the consumers hold the company in high esteem. We also noted that the company holds the largest market share in the country hence has consistently been making profits. After this we took a SWOT analysis on the Coke Zero product, analysing the threats that may impede the successful performance of the product. Once the threats and weaknesses were identified, a marketing strategy was developed to improve the total sales of the product. Strategic Analysis Company Overview Coca-cola Amatil is an Australian bottling company that markets products from the Coca-Cola Company. It is one of the biggest bottlers in the South-Pacific and also one the largest bottlers for the Coca-Cola company (Coca-Cola, 2010). Coca-Cola Amatil produces various products that include: carbonated soft drinks, flavoured milk, energy drinks, water, fruit juices, sport drinks and ready to eat products The company also has a joint venture, Pacific Beverages, with SABMiller. The joint venture is responsible for producing and marketing a variety of premium beer products within the country and in New Zealand. CCL also mar kets and distributes spirit products for Beam Global Spirits and Wines (Coca-Cola, 2010). The Coca-Cola Company owns 30% of CCL and is thus the majority share holder of the company. Situation Analysis-External An analysis of the company’s current position as well as the prevailing market conditions will enable the development of a marketing plan that can be applied with respect to both the current situation as well as expected changes in the future (Kotler, 1997).Advertising Looking for report on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More Environmental Analysis The external environmental analysis is mainly concerned with those factors in the external macro-environment that may impact the ability of the business to meet its objectives or operate properly. The most important external elements include political, economical, social, and technological forces in the macro-environment. The analysis of the f orces is referred to as the PEST analysis. The PEST analysis looks at the different trends in the market highlighting their implications on the particular business. Political Trends The political and legal framework within a country usually affects how a business operates and its profitability (Payne, 2005). Coca-Cola Amatil operates in countries that have stable political systems as well as favourable trade laws that encourage business growth. The products that the company produces have all been approved by the relevant food licensing board in the country. Economic Trends Australia has enjoyed a stable economic growth over the ages. The country has been ranked as the 13th largest economy in the world and the 18th largest exporter (Dixon OMahoney). The country has enjoyed a steady growth at the rate of 3.6% over the last 16 years. The unemployment rate in the country stands at 4.9% and the inflation rate as per last year was 2.8% (Dixon OMahoney, 2010). According to the World Bank , Australia is ranked tenth on the ease of doing business. The base interest rate in the country stands at between 5 to 6%. Social Trends Over the years, there has been a health consciousness campaign warning people about over consumption of soft drinks. Various groups have frequently warned people that soft drinks are responsible for increase in obesity and other issues such as diabetes and rotting of teeth. Australia is also fascinated by sports. A survey on sporting claims that over 80% of young men are participate in sports in one way or another. Considering this, sport and energy drinks might increase in sales if sufficient marketing is carried out to penetrate the sports industryAdvertising We will write a custom report sample on A Strategic Marketing Plan for the Coca-Cola Amatil Company specifically for you for only $16.05 $11/page Learn More Technological Factors Australia is a developed country whose main revenue comes from the manufacturing indus try. The company has many professionals who engage in the development of new and innovative technological products (Svenson, 2009). The country also has many research facilities and those professionals seeking to undertake research are sponsored by the government, corporations and educational institutions. Market Analysis The soft drinks market in Australia is predominantly controlled by four main companies. These companies include; Coca-Cola Amatil, Nestle Australia, Cadbury Australia and Mars Australia. The Coca-Cola Amatil group holds about 56% of the market share in the non-alcoholic beverages, 40% market share in sports drink and 23% market share in bottled water (Greenblat, 2010). In market analysis, it is important to analyse the consumers, competitors, and carry out the five force analysis. Consumer Analysis Coca-cola products are usually enjoyed by people from all age groups. It has however been noted that a large percentage of people who consume products from CCL are those in the 16-32 age group making up 52% of the total consumers. The buying behaviour is mainly guided by attitudes and lifestyle of these consumers. The introduction of new products by the company usually receives positive reception while consumer satisfaction for our products has been generally high. Porter five forces analysis It is important to analyse the business micro environment in order to present a valid business marketing strategy. The Porter five forces are those forces that affect the ability of a corporation to make a profit or serve its consumers (Simon, 2006). The Porters five force analysis for CCL is shown in Fig 1 Figure 1: Porters Five Force Analysis for the soft drink environmentAdvertising Looking for report on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More Success factors From the external environmental analysis, the following key success factors can be identified The political, economical, social and technological trends all favour the success of CCL’s products The company holds a large percentage of the market share with the soft drink market The threat of new entrants into the industry is small The company mainly supplies most of its products and has a large network of suppliers hence threat of suppliers is small Situation Analysis (Internal) The internal situation analysis involves those factors within the company that affects its ability to operate and earn a profit. It includes the company resources, the objectives, corporate culture and mission (Williams Williams, 2007). Review of Current Strategy and marketing mix Coca-Cola Amatil current strategy involves availing beverages to people all over the country and the other four countries that the company operates. The company does this by setting up a network of partner s, acquiring new business, participating in the marketing and distribution of other beverages such as alcohol and by using various strategies to improve its marketing of products. Coca-Cola Amatil marketing strategy includes the use of advertisements, sports sponsorship deals, games and competitions and the use of the internet to promote its products. The current marketing mix can be well represented by the four P’s: Product: Coca-Cola Amatil produces a variety of non-alcoholic drinks as well as alcoholic drinks. The products include both internationally known brands and brands specifically produced for the country. Products include soft drinks, energy drinks, water, sports drinks, RTD tea and coffee, ready to eat fruits and flavoured milk. Product differentiation in most of these products is low hence there is a need for a unique product to retain competitiveness. Price: The current price for CCL products is low and very competitive. A large population can easily afford the se products on a regular basis. Promotion: CCL’s products are promoted through advertising and sales promotion. The strong brand name of the company has also propagated promotion of their products Place: CCL’s products can be purchased from many outlets all over the country. Supermarkets, shops, drink stands, gymnasiums and other local outlets usually have Coca-Cola products. Performance and Financial analysis Over the past years, the company has had significant success and has made a lot of profit. The company has had a one digit increase in profits for the last 10 years. Despite the economic recession, the company still had an increase in profit during the period. In 2010, the company had a net profit of $497.3 million, representing a 10% increase in profit from the previous year. The trading revenue for the year stood at $4490.3 million while the operating cash flow totalled $585.5 Million decreasing by 22% since the last year. The earnings before tax (EBIT) for th e company were $844.9 showing a 7.3% increase from that in the previous year (Coca-Cola, 2010). The company stock as of 2010 stood at $11.60 and has been showing a steady growth. As it can be seen, the company is in a very strong financial position and stands to gain more competitive advantage with the right marketing strategy. Table 1: Financial Analysis A$ million 2010 2009 % change Working capital 938.4 910.2 28.2 Property, plant and Equipment 1595.3 1457.2 138.1 IBAs intangible assets 1488.7 14780.3 7.9 Deferred tax liabilities (190.8) (157.4) (33.4) Non-debt derivatives 31.1 (32.5) 63.6 Other net assets/(liabilities) (339.9) (410.2) 70.3 Capital employed 3522 3248.1 274.7 Return on Capital 17.8% 16.5% 1.3 pts Resource Analysis Resource analysis involves the analysis of how the company’s resources and capabilities enable it to achieve its strategy (Schwartz, 1981). The resource analysis for the company is presented in Figure 2. Figure 2: Summary of the Coca-Cola Amatil resource analysis Determinants for strategic options Strategic marketing options may be constrained by both internal and external situations. In the case of Coca-Cola Amatil, determinants for strategic options include: Optimum utilization of the large amount of available capital Differentiation of products, producing a new product that differentiates it from its competitors Improving its promotional campaign; this involves increasing efforts in public relations and personal selling SWOT Analysis The SWOT analysis involves a look at the company’s current position in respect to its competitors, market conditions, consumers, suppliers and government regulations (Pepall, Daniel Norman, 2005). The SWOT analysis will look at the situational factors affecting the business. Strengths Strong financial position enabling future investments Strong distribution channels that may reach consumers and suppliers from all over the country Strong brand name that is eas ily recognized thereby improving consumer confidence Weaknesses The product is very new to the market and thus sufficient information about consumer demand is yet inconclusive. Without proper marketing strategy, the product might fail. Opportunities The Coca-Cola brand name is widely known and revered. This will therefore boost consumer confidence about the product thereby improving sales. The new product (Coke Zero) also does not have any competition in the market as per this moment. The low diet drink that target young males as for now is unique as it deviates from other diet drinks and will therefore gain significant market share. Threats The internationally recognized brands are still etched in the minds of people hence a large group may ignore the new product and stick to that which they are familiar with. The Coke Zero product has also received negative reviews in some countries. This is because in several countries such as Venezuela, Sodium cyclamate a known carcinogen was used as a sweetener. Health concerns over consumption of soft drinks. Strategy Development This section deals with developing a marketing strategy that will enable the company to meet strategic marketing goals. The company has several sustainable competitive advantages which include: The Coca-Cola brand is very strong hence improving consumer confidence The company has a strong distribution channel that spans five countries The company is part of a global conglomerate therefore has access to top notch equipments, professionals and assets The company produces its own packaging hence can modify it with any problem The company already has a fierce reputation hence does not need to begin from the bottom in its promotional activities. Strategic Thrusts The Coca-Cola Amatil group main business strategy is to produce beverages for everyone in the country. The company strategic thrusts are as follows: Produce a variety of products to account for taste, preferences and lifestyles. En gage in intensive promotional activities through advertisement, sales promotion, personal selling and public relations Acquire new holding and business Penetrate other beverage industries such as alcoholic drinks and RTD drinks. According to Ansoff, for a company to be successful it should choose one of three generic strategies: cost leadership, differentiation or niche strategies In order to be truly sustainable and to maintain competitive advantage, the company has to implement alternative competitive thrusts that include: Production of a new sports drink that offers something other sports drinks lack (differentiation). Restricting access to distribution channels for the other competitors (niche strategies). Reducing cost of production by using innovative techniques of management and production (cost leadership) Sustainable Strategic Thrust Considering the initial and alternative strategic thrusts, the most appropriate thrust has to be the production of a new sports drink that is not available in the market. CCL should produce a healthy sports drink with very little calories, has high levels of proteins and vitamins and rejuvenate those participating in sports and the general population. This will not only target the young male population but also sportsmen and women. Marketing Goals The main marketing goals involve improving sales for the coke zero products. The goals are: Improve the sales of sports drink by 8% Attract more consumers (especially the young male population) Infiltrate the sports Industry Improve the market share in sports drink by at least 4.5% Product-Market investment Strategies Coca-Cola Amatil main products have performed very well in the market over the years. Most of the products are well known and are a major part in people’s diets. When Coke Diet was produced, most men felt that it was geared for women. It was for this fact that coke zero was made and was mainly meant to penetrate the young male market. The diagram below is a presentation of the Ansoff’s Matrix for Coca-Cola Amatil: Figure 3: Ansoff’s Matrix Retrieved from Sharp Dawes (2001) Market Penetration The CCL’s sports drink market currently lags behind its competitors. In order to improve its market share, the company should engage in large scale promotion activities that include sponsorship deals, competitions, advertisements and personal selling mainly through the internet. Market Development One of the main reasons CCL has not been able to capitalize on the young male population is that the sports drinks in the market are all similar and no healthy drink exists as of now. The Coke Diet beverage launched by CCL was largely viewed as feminine and most men ignored it. Coca-Cola has been able to modify this drink to produce Coke Zero, a diet drink that is geared to the male generation. Product Development In recent times, the soft drink industry has been growing slowly mainly due to health concerns that have arisen abo ut the consumption of soft drinks. It is therefore important to develop a new product that is not only health but also delivers the expected results. CCL has dominated the soft drinks market hence it should put more of its energy in the sports drink market. The intended product should be rich in proteins and vitamins as well as rejuvenating compounds that are common in energy drinks. The drink should also reduce the amount of calories present in the drink Product Differentiation The current products targeting the young male population are all similar. Due to health concerns, the soft drink industry growing very slowly. In order to maintain competitiveness, CCL should therefore develop a new product that differs from those in the market and meet the health expectations of the consumers. Another way will be through the development of a new innovative packaging. A coke zero grip bottle that has been innovatively design will be used to package the product and thus attract more of the ta rgeted consumers. Strategic Marketing Mix The marketing strategy mainly involves targeting and positioning (Aaker, 2007). According to research, over 80% of young men above the age of twenty participate in sports one way or another. This number is very high and may increase the market share for coca-cola products immensely. We shall first target sportsmen by highlighting that the company has a new range of sports drinks (coke zero) that not only meet the sports drinks requirement but is also healthy. Products The product being marketed is a new healthy beverage, a sports drink mainly produced for the young male population (coke zero). The product has very little calorie content and is high in vitamins and proteins. This combination makes for the ideal sports drink as it not only rejuvenates a person but it is also healthy. The product will be packaged in trendy bottles that convey sportsmanship. The marketing message will try to stress that the drink is healthy and is a new innovati on all our competitors envy (Sharp Dawes, 2001). Price The product will be cheap to buy and will generally cost less than those from our competitors. It will be available in most outlets throughout the country and stands in the stadiums. The pricing will be such that the company does not undergo a loss but low enough to make the product the drink of preference (Sharp Dawes, 2001). Place The drink will target the whole of the country. It will be available in supermarkets, shops, stadiums and gymnasium. In order to access the sports fraternity, the drink will mainly focus on sports related outlets until it stands out as the drink for the active sportsman (Sharp Dawes, 2001). Promotion As the drink mainly targets young men interested in sports, the drink will first of all be promoted through sports channels, and stadium advertisements such as banners and Advertisement slots in the stadium. Next, sports paraphernalia will be used as a means for promotion such as balls, t-shirts, shoe s etc. The drink will also be promoted through competitions in radio stations and television. The promotion will have a sports team e.g. granting a lucky winner sports gear or a fully paid access to an important sports event (Sharp Dawes, 2001). Sales Forecast and Financial Prediction We expect that after this marketing strategy, sales will increase by 6% in the first quarter and that by the end of the year a 10% increase will have been achieved. Table 1: Financial Prediction A$ 2012 (1stQuarter) 2012 (2ndQuarter) 2012 (3rd Quarter) 2012 (4th Quarter) Advertising costs 0.98 1.4 1.6 1.2 Expected Revenue 5.3 8.5 14.6 26.5 Operating Expenses 1.3 2.8 6.2 6.6 Evaluation and Control The article above has presented the strategic market plan for the Coca-Cola Amatil group. The sales target presented above will act as benchmarks to evaluate progress. The marketing techniques recommended (sports advertisements and sports related sales promotions) will be amended depending on the nature of the actual sales. The Coca-Cola company has enough capital to implement the program successfully hence the products will be released in all regions within a period of 2 weeks. The company have a large distribution channels with many trusted partners hence control is not a major concern as of now. Appendix Appendix 1: Income statement CCL retrieved from Coca-Cola Amatil (2011) Appendix 2: Balance Sheet retrieved from Coca-Cola Amatil (2011) References Aaker, D. (2007). Strategic Market Management, 8th ed. New York, John Wiley Sons Coca-Cola (2011). Annual Report 2010. Retrieved from: www.ccamatil.comreportsF9ECBDFAd01.pdf Dixon, T OMahoney, J. (2010). Australia in the Global Economy 2010. Pearson: Leading Edge Education Greenblat, E. (2010). Coca-Cola Amatil beats profit estimates as prices rise. SMH  Newspaper. Retrieved from: www.smh.com.au/business/cocacola-amatil-beats-profit-estimates-as-prices-rise Kotler, P. (2009). Principles of Marketing. New York: Prentice H all. Payne, A. (2005). A Strategic Framework for Customer Relationship Management.  American marketing association, 69: 168-170 Pepall, L., Daniel J. Norman, J. (2005). Industrial Organization, Contemporary Theory  and Practice. Ohio: Thomson South-Western Porter, M.E. (1985) The Five Competitive Forces That Shape Strategy. Harvard  business Review, (4): 12-16-January Schwartz, H. (1981). Matching corporate culture and business strategy. Organization  Dynamic, 24(2): 12-16 Sharp, B. Dawes, J. (2001). What is Differentiation and How Does it Work?  Journal of Marketing Management, 17, 739-59. Simon, H. (2006). Rational decision making in business organizations. American  Economic Review, 17(5): 42-45 Svenson, G. (2009). Globalization† of business activities: a â€Å"global strategy† approach. Management Decision, 7(13): 34-40 Williams, S. Williams, N. (2007). The profit impact of business intelligence.  NY: Publisher Morgan Kaufmann

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