Politisc Research Proposal Example | Topics and Well Written Essays - 1750 words

Politisc - Research Proposal Example The free factor is sex, age, level of enthusiasm for decisions, bases to pick ideological group, level of trust in British legislators and feeling with respect to adequacy of casting a ballot. The survey is to incorporate the entirety of the free and ward factors. The appropriate responses of the survey are entered in the SPSS processor for factual investigation. The information got from the survey will be a blend of all out and numerical. The clear cut information will be sexual orientation, enthusiasm for decisions, bases to pick party, assessment of viability of casting a ballot, gathering to decide in favor of. This all out information will be counted and encoded so as to mirror the degree of power of every classification. This code is later utilized in the measurable motor to derive legitimate suppositions from the information. The numerical information to be utilized is age and level of trust of the British lawmakers. From the above table it is obvious that the trust level for the British government officials is 4.3 on a scale from zero to ten. The standard deviation is 2.61 demonstrating that practically 75% of the example confides in their legislators at a level from 1.7 to 6.9. The accompanying figure exhibits the conveyance of the degree of trust among test tried. An alpha estimation of .05 is picked to acknowledge or dismiss the invalid speculation. The speculation to be tried is the degree of reliance of the variable decision on the autonomous factors sexual orientation, age, level of enthusiasm for races, bases to pick ideological group, level of

They Probably Know More Than You Think! Essays - Privacy

They Probably Know More Than You Think! Papers - Privacy They Probably Know More Than You Think! They Probably Know More Than You Think! Protection and opportunity are very esteemed in our general public, and are somewhat legitimately ensured rights by the constitution. Quick advances in innovation, related to convincing thought processes to utilize this innovation to control and endeavor parts of human life by and large, just as the working environment, make pressing the topic of what employments of the innovation ought to be allowed. This is an extreme inquiries, however on the off chance that organizations would understand that their representatives are the explanation that they remain in business then they would not need to disregard the security privileges of individuals. Representatives and organizations need to cooperate to move beyond the business/worker strain that makes representatives take etc..., and bosses set up reconnaissance hardware and so forth... Anyway there may just be 1 out of 50 representatives taking so does this legitimize the reconnaissance or the other 49 (WRAC 420)? Shouldn't something be s aid consistently life? OK need to have arrangements of every little thing about you devised and put on PC databases for the entire world to know? There truly is a major issue with the infringement of individual protection today. From the work environment, to purchasing a vacuum and turning out to be a piece of a mailing list, to the pressure that absence of security causes individuals, nobody is protected from, older sibling. Nobody likes to have somebody sit over them and watch constantly, and nobody likes to be watched when they don't think about it. Without reasonable justification that one carried out a wrongdoing nobody has the privilege to deny the privilege of security to another, regardless of whether it be by offering names to a mailing rundown or cameras observing each move they make while in the workplace. In the work environment there has been a continuous fight over what managers may do to screen representatives. The work place isn't where you can anticipate the security of your own home. Anyway nobody ought to must be exposed to having their email perused or continually being observed by cameras. Westin accepts that any business that needs to make due in this administration arranged condition will must be worried about the nature of administration that is conveyed through the broadcast communications and database situated interface with the shopper (Westin 458). These sorts of reconnaissance make an unpleasant circumstance and are a diverting methods for manager observation proof of this in his exposition: 43 percent of checked representatives said that they endured lost inclination in their fingers and wrists, while just 27 percent of unmonitored representatives whined of high pressure rather than 67 percent of unmonitored laborers (Whalen 436). The harm done by a couple of degener ate or amateurish officials is far more noteworthy than someone taking excessively long for a short breather (Whalen 436). In the work place a fair compromise ought to be reached between boss/worker, for example, a prize framework for trustworthiness and quality work as opposed to making representatives insane with unneeded observation hardware. The undue pressure put on individuals by new innovation is reprehensible. Individuals don't care to feel like they are being taken a gander at, and when they do feel along these lines it causes pressure both mental and physical (Whalen 436). This truly isn't an issue in markets or corner stores where observation is expected to shield clients from taking, however more in the workplace setting where the worker may feel like Big Brother, is holding back to jump on even the most minor misstep. This pressure is caused makes representatives less profitable, and forgets about individuals and about in regular daily existence checking their conduct so they won't get captured on tape doing or saying something that could later be confused and held against them. The answer for this is there should be restricts on how that sort of innovation is utilized, (Whalen 437). Additionally the pressure factor should be perceived as the general negative thing it is and that it ought to be stayed away from. How would you feel when you mail request something, and afterward get all of garbage mail that is even firmly identified with what you requested? This is just a glimpse of something larger (Glastonbury

How the Financial Aid Process is Impacted by Divorced Households

The following article was written by Blaine Blontz, MBA, www.financialaidcoach.com. We hope you will find this article a good resource as you prepare to navigate the financial aid process. The financial aid process can be extremely confusing for all families, sometimes exponentially so for divorced households. While there are several opportunities related to families of divorce navigating the financial aid process, I'll take a look at one below. It's been known that how you complete financial aid forms significantly impacts the amount of money you receive (or don't) from schools. What you may not be aware of is that families of divorce sometimes have options when it comes to who will be the custodial parent listed on these forms. When it comes to the FAFSA, the only information required will be that of the parent deemed to be custodial. Essentially, as long as you can make a case that the student is living with the parent at least half of the time they can be considered custodial. More and more private schools are also requesting the CSS Profile, a financial aid form which digs deeper than the FAFSA. These schools often request information from both the custodial parent AND the non-custodial parent. As a result, with two households considered, the amount of need determined by a school (which directly correlates with the amount of financial aid received by a family) is impacted. Let's look below for an example. We'll assume that the parents are divorced and the student lives with Parent 1 more than 50% of the time. Parent 1 - Earns $80,000 - Assets of $140,000 (Custodial) Parent 2 - Earns $180,000 - Assets of $200,000 (Non-custodial) For schools that are requesting non-custodial information, they will see the $80,000 in earnings and $140,000 in assets of Parent 1 AND the $180,000 in earnings and $200,000 in assets of Parent 2. It makes sense that the inclusion of Parent 2's financial information into the equation could result in less financial aid being extended to the student. While most schools are now requiring the non-custodial portion of the CSS Profile to be completed, there are several well-regarded schools that still do not. Because of this, which schools families of divorce are applying to can make a significant impact on how much they ultimately receive in financial aid and thus have to pay out of pocket (or finance) for college. You can find a full list of updated schools that require the CSS Profile here. This also lists if the schools require the non-custodial profile. To illustrate this, here's an example again using Parent 1 and Parent 2. If the student applies to the University of Virginia, a school that DOESN'T require non-custodial information, their Estimated Family Contribution (EFC) is likely to be in the range of 25,000. If the student were to apply to the University of Richmond, a school that DOES require non-custodial information, their EFC is likely to be in the range of 80,000. As a result, the above family would have a remaining cost of roughly $30,000 at the University of Virginia versus being required to potentially full-pay at the University of Richmond, roughly $60,000. Nothing against the University of Richmond, but do you think it would be worth $30,000 more per year for this family? This is just an illustration to give you an example of the impact applying to one school over another could have for a family of divorce. CSS Profile EFCs are determined using many factors school-to-school, so I don't want to make their determination out to be a simple or uniform process. Again, you can find the list of schools that require the CSS Profile and the non-custodial profile in the link above. With the help of admissions specialist I have put together a list of schools that are more well-regarded and do not require the non-custodial profile. This is useful information for families of divorce that are putting a college list together. I offer a service that provides families with their expected EFC, how this is determined specific to their family and what options they potentially have to reduce the number, potentially increasing their financial aid eligibility. This is useful for all families, but you can see how it can be especially useful for families of divorce. You can call (727-372-9685) or email me (financialaidcoach@gmail.com) to discuss this service or others that I offer.

Study On Shipping In Oil And Gas Sectors Finance Essay - Free Essay Example

Sample details Pages: 8 Words: 2391 Downloads: 2 Date added: 2017/06/26 Category Business Essay Type Research paper Did you like this example? The oil can is mightier than sword Anonymous The statement above rightly describes the value of oil and gas today globally. We were never so much dependent on oil and gas as we are today. If we talk about Indian oil and gas industry then we can trace its beginning when the oil was first struck at Makum near Margherita in Assam in 1867. Don’t waste time! Our writers will create an original "Study On Shipping In Oil And Gas Sectors Finance Essay" essay for you Create order Since then the industry has come a long way. For nearly fifty years after independence, the oil sector in India has seen the growth of national oil companies in a protected environment. Then a process of change of the sector began in the mid nineties, from a state of complete protection to the open competition. The move was considered necessary in order to attract funds and technology from abroad into the sector. Few important points to be noted here is that the sector in recent years has been characterized by rising consumption of oil products, declining crude production and low reserve. India remains one of the least-explored countries in the world, with a well density among the lowest in the world. The years since independence have however seen the rapid growth of the upstream and downstream oil sectors. There has been efficient use of resources for exploration activities and increasing refining capacity as well as the creation of a vast marketing infrastructure and a pool of h ighly trained and skilled manpower. Indigenous crude production has risen to 35 million tonnes per year, an addition of fourteen refineries, an installed capacity of 69 million tonnes per year and a network of 5000 km of pipelines. With so much development taking place in the oil and gas sector in India and with very little exploration activities our dependence has greatly increased on oil and gas. Today we are having 14 refineries with a total capacity of 184.40 MMTPA and still if we look at the imports for the year 2008-09 then we imported 128.16 MMT of oil and 8.06 MMT LNG. . Following was the situation of domestic crude oil production and consumption in India:- Source: BP Statistical Review of World Energy, 2007 The above table indicates the total demand and production situation in the country till 2006 and it is the reason that in order to fulfil this need one important source is required and that is shipping. In this paper we will be focussing on the shipping in oi l and gas sector, international practices in shipping of oil, different types of tankers used, chartering, etc Initially we will have a look at the world oil and gas shipping scene and various terms and methods related to it then move on to Indian scenario. International Domestic Practices in Crude Oil Petroleum Product Shipping In 1954  Shell Oil  developed the average freight rate assessment (AFRA) system which classifies tankers of different sizes. To make it an independent instrument, Shell consulted the  London Tanker Brokers Panel  (LTBP). At first, they divided the groups as  General Purpose  for tankers under 25,000  tons  deadweight  (DWT), Medium Range  for ships between 25,000 and 45,000  DWT  and  Large Range  for the then-enormous ships that were larger than 45,000  DWT. The ships became larger during the 1970s, which in turn required rescaling of the sizes. The system was developed for tax reasons as the tax authorities wanted evidence that the internal billing records were correct. Before the  New York Mercantile Exchange  started trading crude oil futures  in 1983, it was difficult to determine the exact price of oil which could change with every contract. Shell a nd BP, the first companies to use the system abandoned the AFRA system in 1983, later followed by the US oil companies. However, the system is still used today. Besides that, there is the flexible market scale, which takes typical routes and lots of 500,000 barrels. Merchant oil tankers carry a wide range of hydrocarbon liquids ranging from crude oil to refined petroleum products.  Their size is measured in  deadweight metric tons  (DWT). Crude carriers are among the largest, ranging from 55,000  DWT  Panamax-sized vessels to ultra-large crude carriers (ULCCs) of over 440,000  DWT. Supertanker is an informal term used to describe the largest tankers. Today it is applied to very-large crude carriers (VLCC) and ULCCs with capacity over 250,000  DWT. These ships can transport two million barrels of oil. Because of their great size, supertankers often cannot enter port fully loaded.  These ships can take on their cargo at off -shore platforms and  single-point moorings.  On the other end of the journey, they often pump their cargo off to smaller tankers at designated  lightering points off-coast.  A supertankers routes are generally long, requiring it to stay at sea for extended periods, up to and beyond seventy days at a time. Smaller tankers, ranging from well under 10,000  DWT  to 80,000  DWT  Panamax vessels, generally carry refined petroleum products, and are known as product tankers.  The smallest tankers, with capacities under 10,000  DWT  generally work near-coastal and inland waterways. Although they were in the past, ships of the smaller  Aframax  and  Suezmax  classes are no longer regarded as supertankers. Chartering The process of hiring a ship to carry cargo is called chartering. There are four types of charter arrangements by which tankers are hired Voyage charter Time charter Bareboat charter Contract of affringement.   In a voyage charter, the charterer rents the vessel from the loading port to the discharge port. In a time charter, the vessel is hired for a set period of time, to perform voyages as the charterer directs.  In a bareboat charter, the charterer acts as the ships operator and manager, taking on responsibilities such as providing the crew and maintaining the vessel.  Finally, in a contract of affreigement, or COA, the charterer specifies a total volume of cargo to be carried in a specific time period and in specific sizes, for example a COA could be specified as one million barrels of JP-5 in a years time in 25,000 barrel shipments.  A completed chartering contract is known as a  charter party. One of the important f actors to be considered for any charter party is the  freight rate for carriage of cargo.  The freight rate of a tanker charter party is specified in one of four ways: 1) By a lump sum rate 2) By rate per ton 3) By a time charter equivalent rate 4) By  Worldscale  rate In a lump sum rate arrangement there is a fixed price which is negotiated for the delivery of a specified cargo, and the ships owner or operator is responsible to pay for all port costs and other voyage expenses.  Rate per ton arrangements are used mostly in chemical tanker chartering, and differ from lump sum rates in that port costs and voyage expenses are generally paid by the charterer.  Time charter arrangements specify a daily rate, and port costs and voyage expenses are also generally paid by the charterer. The Worldwide Tanker Normal Freight Scale, often referred to as Worldscale, is established and governed jointly by the Worldscale Associations of Lond on and New York.  Worldscale establishes a baseline price for carrying a metric ton of product between any two ports in the world.  In Worldscale negotiations, operators and charterers will determine a price based on a percentage of the Worldscale rate. The baseline rate is expressed as WS 100.  If a given charter party settled on 85% of the Worldscale rate, it would be expressed as WS 85.  Similarly, a charter party set at 125% of the Worldscale rate would be expressed as WS 125. Shipping of Oil Gas in India Shipping requirements; be it import/export or domestic coastal movement are handled by the chartering desk of respective oil company. All the three types of chartering; viz. Time Charter, Spot Charter and COA (Contract of Affreightment) are used to charter ships. The process of enquiry through which ships are chartered is as under: Process for Chartering Ship for crude oil/ product imports Floating of Enquiry Enquiry is floated to all the Indian Ship owners/ Indian Ship brokers registered with the importer. Copies of all enquiries would be sent to DG (Shipping) and Indian National Ship owners Association (INSA), for obtaining mandatory No Objection Certificate (NOC) / Licenses. Enquiries would be floated through e-mail / fax. Receipt of Offers Receipt of offers shall be through either of the following modes: Dedicated email box with password protection. Separate mailboxes shall be provided for receipt of offers against each enquiry. A dedicated fax in a l ocked room would also be available as an alternate mode. Offers received by either of the above modes will be considered. The offers will be printed / collated after the email box is opened at the designated time for receipt of offers specified in the enquiry or on the expiry of the extended time as provided in sub-clause (g) of this clause, as the case may be. Unsolicited / Mid way offers will not be considered. As a standard procedure, bidders will be required to submit hard copy of the offer and other related communications for records. Evaluation of Offers The offers will be ranked on the basis of freight. Demurrage rate and Other Terms and Conditions of the Charter Party (CP) will also be evaluated. Counter Offers / Negotiations The process of Counter Offers / Negotiation is as under: No Indian Ship Owner has quoted: Negotiation will be held with all the technically acceptable bidders indicating their respective ranking. Whereas a Firm Counter w ill be given to lowest (L1) bidder, the counter to all other bidders will be Open (i.e. Open 1, Open 2 etc.). During negotiations, original rankings of the bidders can change depending upon their response to the counter. Indian Ship Owner (s) has also quoted : If offer is received from Indian ship-owner, (Vessels belonging to Indian Ship Owner flying the Indian Flag), the Indian ship-owner will have the first right of refusal vis a vis the lowest offer received from Foreign ship owner, in compliance with government guidelines. Indian Ship Owner is L1 The counter shall be offered firm to the technically acceptable L1 Indian ship-owner. Open counters would be offered to other technically acceptable Indian ship-owners and all technically acceptable foreign ship-owners. The respective rankings of all the bidders shall be disclosed. If negotiations are successful with the foreign ship-owner, Indian ship-owner will be asked to match the rate, failing which the ship will be fixed with the foreign ship-owner. Indian ship-owner is not L1 The counter will be given firm to the technically acceptable L1 Indian ship-owner and open to other technically acceptable Indian and foreign ship-owners. The relative ranking of all ship-owners shall be disclosed. Fixtures on subjects Once negotiations are concluded, the ship fixture will be confirmed on subjects with a time schedule, while the ship fixture is on subjects following activities will be undertaken: Charterers management approval Terminal/Supplier Acceptance To arrange for license from DG (Shipping) in case of foreign ships Obtain record note of negotiations and Fixture Note from the broker / owner for record. Charter Party Agreement Following Charter Party Agreements apply: Voyage Charter Party (VC for Foreign Coastal) ASBATANKVOY with BPCL specific (Rider) Clauses. Time Charter Party (Foreign Voyages) SHELLTIME 4 / 3 (for LPG) Coastal and Time Charter Party. Charte r Party agreements developed by BPC and in use. Procedure for chartering out time charter vessels For Chartering out vessels by the importer, Oil Majors, Trading and Shipping companies and Empanelled Brokers registered with the importer, will be intimated on position list, trading area, cargo grade, laycan etc. Negotiations: Based on the offers received, the importer may carry out negotiation with best offer. On successful completion of the negotiations the vessel shall be given on subjects to the charterer for their approval. Charter Party Terms: Standard ASBATANKVOY Charter Party agreement shall be followed and finalized along with the rider clauses (after negotiations) with charterers. Major players in Indian shipping industry (oil and gas) The Shipping Corporation of India Ltd. The Shipping Corporation of india is the largest Tanker owner in India. They have a well-diversified fleet of crude Tankers of all sizes: MR, LR-I, LR-II, Aframax, Suezmax and VLCC Tankers. The Shipping corporation of India has a Tanker Commercial Department which looks after scheduling and deployment of Tankers for feeding crude to various Indian oil refineries. Lighterage operations on the east and west coasts are also undertaken, to facilitate quick turnaround of Tankers, which otherwise cannot call on ports due to port restrictions/limitations.The department also ensures commercial deployment of in-chartered tonnage, to meet its obligations of lifting cargo under the Contract of Affreightment (COA). Varun Shipping Company Ltd. Varun shipping company has got its charters. Their charterers are comprise both domestic and international companies.  Their main domestic charterers  include Indian PSUs such as Indian Oil Corporation Limited, Hindustan Petroleum Corporation Limited, Bharat Petroleum Corporation Limited, Oil and Natural Gas Corporation Limited and private domestic sector conglomerates such as the Reliance Group and Essar Group. Few of the direct international charterers include Exmar Group and KS AS Hektorgas of Bergesen Worldwide Group.  Ãƒâ€šÃ‚  Ãƒâ€š They have got 3 crude oil tankers with dead weight tonne of 106004,107081,106597 respectively and 10 LPG carriers of different DWTs out of which they have two bare boat charter. Essar Group Essar group is also one of the important and big players in Indian oil and gas shipping industry. The company has got LCC and VLCC and is currently serving BPCL, HPCL, IOCL, etc. They have also got their business in core oil and gas sector such as refineries and retail outlets and the shipping segment of their business helps them in the process. Great eastern shipping Co. Ltd. They are Indias largest shipping service providers serving oil giants like Shell, Exxonmobil, etc. They have got a total fleet of 32 ships which include both oil and gas (LPG) tankers with 2.09 and0.02 MN DWT respectively. There are also other big players and many are government owned such as Vishakapatnam Port Trust, Kolkata Port Trust, etc and among private players there are Apeejay shipping Ltd., Five star marine services etc. Oil and gas industry would never have been so big and huge if there wouldnt have been such means of transportations available because in India that is the only means of transportation of oil from outside. Though we can explore the possibilities of inter country pipeline transportation but we still have to cover quite a distance in this case. We are progressively building much bigger and mightier crude oil vessels now time will only tell how far we can go in this field.

Diversity And Diversity At Concordia University - 935 Words

We are all different; we are classified by the color of our skin, by our wealth, by our looks, and by the way we act. Diversity is having variety. Having people like who you are might make you feel included, but it also can make you feel excluded. Concordia University is such a diverse campus, we have international students to students that live a block away; from students that English was not their first language, and to students who grew up learning English. Concordia’s diversity is growing. Diversity can separate us, but as unique individuals, we are able to build connections with others. In the public, we might not be equal because of who we are but what people think of a group of people or places, it should not affect the way you think; learn or try to understand before you judged. There is a room for people who feel like they won t fit in or feel like it s hard to connect. This room is the diversity room. This room is for everybody; it might just seem likes it is for cer tain groups of students but it is for everyone. The diversity room have so many opportunities. Many different individuals come to the room. Diversity room have a vibe where you are connected, they make you feel like you matter. This room brings energy and gives to people who are having a bad day. The people you meet in there, are people who can give you many opportunities to connect with Concordia. The diversity room is a room with many great people; these people try to help their fellowShow MoreRelatedMidterm 1 Sample Multiple Choice Questions Essay1260 Words   |  6 Pagesï » ¿CONCORDIA UNIVERSITY BUSINESS LAW AND ETHICS: Midterm exam Total Value: 25 Marks Date: September 30th, 2009 Instructor: Benito Aloe Time: 40 minutes Name: _____________________Signature: ___________________ID No:________ Course materials permitted: None. Concordia Academic Code of Conduct will be strictly enforced. unless otherwise indicated. 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Essay on Introduction about Standard Costing System

Question: Write a report on the utilisation of standard costing system as a measurement tool of productivity and quality. Discuss the effects of standard costing system on the profitability, financial planning and behaviour of employees of the business organisations by referring to at least ten published articles. Answer: Part 1 Introduction on Standard Costing System Meaning of Costing (Standard) Ordinary Costing is the carry out for substitute for a predictable cost known as real cost. It changes periodically recorded variances in displaying expected as well as actual costs. This particular approach simplifies alternative to cost like FIFO and LIFO methods (Seal, Garrison Noreen, 2012). It assumes the historical cost information in maintaining stock. Standard Costing includes estimated creation on all activities in and within company. Using standard costs includes applications that are time-consuming for collecting actual costs. Standard costs are used in case of close approximation with actual costs at the same time. Types of Standard Cost Ideal Standard Ideal Standard or costs considers as a standard for attainment under favorable conditions in possible ways. It includes performance levels as under ideal standards for achieving in best possible combination of factors like materials as well as labor. It is the highest output in and with best equipment as well as layout for future analysis purpose. It underlies maximum efficiency for utilization of various production resources (Lee, 2014). Addition to that, maximum output should be handled at minimum cost under ideal condition. This Standard reflects on goals as well as targets without any kind of hope of performance levels that needs achievement for future purpose. Practical Standard Practical Standard considered as average standard for attainment purpose for specified time. It is preferably long enough in covering complete business cycle. This particular standard is set depending upon the normal capacity in representation of volume at the time of peak and slack periods (Horngren, Harrison Oliver, 2012). Constant unit costs employs throughout cycle in regard with changes in current cost as well as selling prices. Comparison between costs (Actual and Standard) Cost (Actual) Standard Costs Actual Costs are those costs that are required by manufacturers in assigning ever-changing actual cost for each individual component in the manufacturing process at the same time. It includes materials, overhead as well as labor at associated time for an accurate final price. These are typically acquired in form of purchase order as per manufacturing order. Standard costs is considered as traditional method of costing by the manufacturers as required for assigning predetermined estimate values in each of the attributes like materials, labor as well as overhead. Most of the discrete manufacturers like stock widget manufacturers produces same thing as preferred by standard costing. Actual costing tends by manufacturers for frequent changing costs like job shops, compounders as well as assemblers and volatile raw materials. Standard Costing relates variances as considered as management tool. It is calculated variances in approximation of actual costs. Part 2 Discussion on the importance of standard costing system to business organization Standard costing system is a vital method by which standard cost are employed in desired form. In accordance with ICMA, Standard costing system is the preparation as well as usage of standard costs by their comparison in actual cost. It helps in analysis of variances in point of variances. It is the method for cost ascertainment for preparation of statistics like standard cost, actual cost as well as differences known as variance. Standard costing system discloses deviation cost in case of standard as well as clarifies in causes (Horngren Horngren, 2012). Management immediately informs sphere of operations in providing proper remedial actions in necessary terms. Standard Costing System involves ascertainment as well as usage of standard costs. It records actual costs as well as compare actual cost from standard costs for finding out variance. Standard Costing is considered as the law of dimension for recognized by power. It provides measure in case presentation assessment for future analysis purpose. It ensures ascertainment of performance evaluation in business operations. It helps in supplying ways for utilizing proper material, labor as well as overheads for gaining economy in the near future. This particular system minimizes wastage for detecting variance as well as suggesting proper corrective actions. Standard Costing System enables motivating employees of business firm as well as improving performance by setting standard at the same time. It enables management for supplying necessary data in relation with cost demand as well as submits quotations in fixing up selling price of a particular business firm. Under Standard costing system, it includes cost centers for established responsibility for assigning concerned departments and persons. It increases effective delegated authority at the same time. It helps in managing proper inventory valuations like work-in-progress as well as finished products. It acts as a control device for the purpose of management (Horngren, 2011). It is a proper normal costing scheme with full contribution as well as participation. It creates optimistic and moneymaking attitude at every levels of organization for the same. It helps management in taking corrective decisions like fixation of price as well as making or buying decisions for firm beneficiary for future analysis purpose (Fields, 2011). Typical scheme encourages reappraisal of various methods. It includes resources as well as technique in helping reduced unfavorable variances in an overall manner. Standard costing acts as a guide to management in case of management functions in formulation of prices as well as production policies. It is most effective cost control system as under standard costing as reviewed and analysis at regular intervals in case of improvements for proper immediate actions. It analysis variances as well as measurement for detecting inefficiencies and mistakes for investigating reasons Standard costing system helps in drawing management attention in alignment with items for processing according to desired plan. Standard costs involve predetermined costs that are useful for planning as well as budgeting (Epstein Lee, 2012). It helps in estimating effects of changes in case of cost-price-variance relationship for decision-making process. Standard Costing System helps in making organization at cost-conscious stage as well as focus on standard cost in case of variance analysis in the most appropriate way. Standard costing is fixed for each product as well as its components and process operations. It aims at improving overall production efficiency in ultimate reduced cost as well as increased profits (Epstein Lee, 2011). Standard costing system enables in providing incentive schemes to workers as well as supervisor Normal estimate scheme simplifies in using charge manage procedures in an effective way Standard costing system concerns as an effectual tool for industry planning, subsidiary estimate as well as budgeting and inventory valuation. Standard Costing System implements for saving cost as well as elimination of cost work for future analysis purpose (Eldenburg, 2011). Standard Costing System helps in implementation of budgetary control system in case of operations in desired way. It requires delegation of authority as well as responsibility for effective utilization for setting standards for reduces profit fluctuations in method valuation. Part 3 Description on standard costing system usefulness in measuring productivity as well as quality Standard costing system usefulness in measuring productivity as well as quality Performance measures in recognizing element in Total Quality Management programs. Managers as well as supervisors direct several effects of an organization in instituting wide range of changes. Performance measurement in managing outcome as well as main purpose in reduced variation of work product or process at the same time. The profit can be regarded as the difference between the revenues as well as expenses over a certain period of time. The measurement of productivity can be regarded as a problem area owing to different difficulties that is inherent in specifically defining as well as quantifying different outputs and inputs that comprises of the productivity quotient. Standard costing system usefulness in measuring quality The main goal is to strive for sound decisions for affecting products as well as services. Performance measurement is a tool for improving organization goals as well as vision. Proper use of standard cost methods for enhancing high level of efficiency. It requires using standard costing techniques in efficient measurement of cost of goods sold as well as allowing effective budgeting and price setting in the most appropriate way. Efficiency Variance (quantity) Efficiency variance is considered as the difference between actual units usage in an expected amount. It expected amount for usual standard quantity of direct materials, labor as well as machine usage time for product assignment. Efficiency variance as applied to services. It is calculated for hours as required for audit completion versus budgeted amount (Drury, 2012). Direct material Direct Labor Direct material is also known as material yield variance as well as calculated as: Actual unit usage- Standard unit usage/*Standard cost per unit Direct labor is also known as labor efficiency variance and relates with material usage in relation with efficiency. It is calculated as: Actual Hours- Standard Hours* Standard overhead rate It is important to understand the fact that key components of efficiency variances lies for setting of standard. For instance, number of units of direct material assumes for the absence of scrap. It relies upon fact of standard amount in amount of scrap value for continuous negativity efficiency variance at the same time. It is a theoretical standard for meeting circumstances in optimal nature. Realistic standard incorporates certain reasonable inefficiency levels for close actual results. It is preferable in case of avoiding depressing series in case of negative efficiency variances. Direct labor efficiency variance Direct Labor variance measures firm ability in utilizing labor in accordance with expectations. Variance is useful in spotlighting for areas in production process for usage of labor hours as anticipated for future analysis purpose (Strasen, 2012). Variance is calculated as the difference between actual labor hours in case of producing an item for standard amount. Variance outcome in unfavorable conditions as reviewing by industrial engineers for underlying process It improves reduced production hours in required way. It is a simplified product design for reduced assembly time It reduced amount of scrap as produced by the process. It increases amount of automation process. It alters workflow for future analysis purpose. It emphasis upon multitude of variables as involved in difficult way for creation of standard for comparison to actual results It emphasis upon causes of labor efficiency variance like instructions for employees in receiving written work instructions Actual hours- Standard Hours * Standard rate= Labor efficiency variance Standard hours represents best estimate of business organization. It relates with an optimal speed by the production staff members in case of manufacturing of goods as far as possible. It figures out considerable assumptions in regard set up time production. It runs under employee skill levels as well as production duration in other factors. Standard based training for assumptions in minimum for employees in an overall manner (Burritt, 2011). Work Station configuration for acting as a work center for standard costing in creation of ways in the most appropriate way. Variable overhead efficiency variance Variable overhead efficiency discrepancy displays the dissimilarity between real as well as budgeted hours for working purpose. It is applied in case of standard variables as per transparency rate per hour. The formula is: Standard overhead rate* (Actual hours standard hours)= Variable overhead efficiency variance Constructive variance implies real variable overhead expenses as incurred per labor hours in expected ways. Variance mainly focuses on attention for overhead costs varying largely from expectations (Bhattacharyya, 2011). Variance overhead expenditure variance requires collection of manufacture expenses in sequence as submitted by manufacture department. Predictable labor hours estimates industrial engineering as well as production schedules staff members. It is purely based upon historical as well as project efficiency and equipment in case of capacity levels at the same time. There are wide range of possible causes required for variable overhead spending variance. These are as follows: Account Misclassification- It involves in variable overhead categories in incorrect classification as part of variable overhead in the most appropriate way. Outsourcing- It includes activities for sourcing in shifting to supplier and vice versa Supplier pricing- It includes suppliers change in prices as well as reflection on efficient principles Variable overhead expenditure concept is the majority applicable situations in the manufacture process for identical productive units (McFarland, 2012). Production Volume variance Production volume variance helps in measuring the overhead amount for unit production. It is considered as the difference between actual units produced for specified period as well as budgeted units for budgeted overhead rate at the same time. It is the measurement used for ascertainment of materials as well as production of management staff for producing goods. It is in accordance with planned expectations for expected overhead amount in an overall manner (Atkinson, 2012). From the business perspective of production process, production volume variance depends upon measurement of budget for creation of few months before. It is the measure for viewing at the ability of production operation in meeting the production schedule at specified time. Calculation of production volume variance is as follows: (Actual units produced-budgeted units produced) *Budgeted overhead rate Part 4 Effects of standard costing system on the profitability, financial planning and behavior of employees of business organizations Profitability In the recent world, standard costing system finds business methods like product line planning as well as productivity monitoring and advance cost measurement in operating and efficient organization in case of profitability. Managers require information regarding standard cost in determination of efficiency in business operations. Managers develop standard cost system in motivational effect of standard in case of employee productivity at the same time. Steps in effective implementation as well as maintenance in case of standard cost system. The technique for measurement of productivity focuses on various business aspects of performance of an organization, by means of important information regarding the standard cost accounting, thereby provides an effectual scheme to assess the productivity of an association and its different sector. The standard costs comprise the cost of goods sold for each finished product. Using standard costing, the gross profit margin for each finished good is easily determined by subtracting the standard cost from the products selling price. A favorable variance indicates that standard costs exceed actual costs, while an unfavorable variance means that actual costs are higher than standard costs. Differing factors may account for variances. Therefore, the standard costing system has an effect on the improved level of production that again in turn affects the overall standard costs for different labor as well as direct overhead. Effect of standard costing on financial planning Standard costing essentially acts a yardstick that can be used for the purpose of comparison with different standard costs. Therefore, standard costing can be considered as a basis for the purpose of measurement of performance. Thereafter, the performance might be measured and based on that the hypothetical financial planning can be carried out. This system also provides a strong basis for the regular tracking and control on expenditure incurred on different items. In addition to this, the system of standard costing also offers a basis for the customary check as well as control of materials, usage of price, cost of labor as well as overhead expenses. Again, the comparison of the standard cost with the actual cost can help in controlling as well as reduction of cost by means of constant system of tracking as well as comparison of results. This in turn can also help in appropriate financial planning that helps in tracking, recording and controlling and thereafter helps in augmentation of the overall productivity of the operations. Effect of standard costing on behavior of employees of an organization The standard costing has an impact on the behaviors of the employees as well as managers. There are different organizations that can reward the employees for the purpose of achievement of standards or else for the purpose of attaining performance at a certain level that is quite lower than the standard cost. Therefore, in this case the standard costing can help in affecting or motivating the employees. Therefore, the employees might possibly seek to carry out operations in a very effectual as well as economical manner. The use of standards for the purpose of assessment as well as systems of rewards can also help in motivating the employees and improvement of the effectiveness of the employees. Price Variance Price Variance is considered as the actual unit cost out of purchased items. It is deducted from standard cost and multiplied by quantity of total units purchased at specified period Formula of Price Variance (Actual Cost Incurred- Standard Cost)* Actual Quantity of Units Produced= Price Variance Price Variance is the actual cost incurred as lower in comparison with standard cost known as favorable price variance. If the actual cost is higher in comparison with standard cost, it is known as unfavorable price variance at the same time. It reveals achieving favorable price variance as achieved by purchasing goods especially in large quantities. It may put in business risk in inventory quantities in the most appropriate way (Gnen, 2012). Purchasing department commits little inventory for buying in smaller quantities. It tends in resulting in case of unfavorable price variance in an overall manner. Therefore, operational plan of business results in driving price variance types for incurring in the future business activities. Direct material price variance In case of variance analysis, direct material price variance considers as the difference between standard cost as well as actual quantity of materials used or purchased (Callen, 2012). It posses two components namely direct material usage variance as well as direct material total variance Direct Labor rate variance Direct labor rate Variance is considered as the measure of difference between actual costs of direct labor as well as standard cost of direct labor for utilization at specified time. Formula Direct Labor rate Variance = Actual Quantity*Actual Rate- Actual Quantity*Standard rate = Actual Cost- Standard Cost of Actual Hours Analysis Favorable labor variance helps in suggesting cost-efficient employment of direct labor by particular business organization (Williams, Van der Wiele Dale, 2012). There are several reasons for favorable labor rate variances like: It requires hiring un-skilled as well as semi-skilled labor that adversely affect labor efficiency variance It mainly decreases overall wage rates in current markets for increased supply of labor. It is because of influx of immigrants that results in relaxation of immigration policies at the same time It relates with inappropriate high setting of standard cost of direct labor in attribution for inaccurate planning in the near future An adverse labor rate variance relates with indicating higher labor costs for specified period in comparison with Standard Some of the causes for adverse labor rate variance mainly include: It increases national minimum wage rates for future analysis purpose It engages in hiring of more skilled labor in anticipation of standard known as labor efficiency variance It relates with inefficient hiring of HR Department It ensures effective negotiations by labor unions Variance Overhead spending variance Variance Overhead spending variance refers as the difference between actual as well as budgeted rates in case of variable overhead (Rumbaugh et al., 2012). This variance mainly focuses on attending of variances for overhead costs that vary largely from expectations. Variance Overhead spending variance = Actual hours worked*(actual overhead rate- standard overhead rate) Budget variance in Fixed Overhead Fixed operating cost expenditure discrepancy considered as the dissimilarity between real fixed visual projection expenses as incurred as well as budget overhead expenses at the same time. In case of unfavorable variance, it relates with actual fixed overhead expenses as anticipated as a whole (Fleischman, Boyns Tyson, 2012). Formula: Fixed overhead spending variance = Actual fixed overhead-budgeted fixed overhead Financial planning Financial Planning refers as the major part of standard costing as well as variance analysis at the same time. Variances arises due to reasons ranges from unrealistic standards to operational causes. It fails into account from various expected increase in the wage rates. It increases direct materials usage for hiring of low skilled labor in the near future (Boaden Dale, 2012). It requires planning inefficiencies for large variances for setting faulty standard in the most appropriate way. It deals with planning computation as well as operational variance one after other. It is difficult in ascertaining ways for precise causes as well as assigning responsibilities of related operational variances for specified individual as well as department within business organization. It is argued that causes as well as responsibilities differ from variances at times. Variance analysis fails in providing basis for investigation for promotion of better understanding of facts in operational environm ent in and among organization management for the same. Behavior of employees if more profitreward to staffmore motivatemore efficiency working It is important to understand the fact that behavior of employees directly proportional to reward system as well as motivation. Motivation from senior authority encourages employees in working together for attainment of future goals as well as objectives of an organization. Reward system can be in terms of monetary and non-monetary that enhances working culture in and within business organization (Mandal Shah, 2012). Standard costing as well as variance analysis encourages short-termism for inherent tendency towards attainment of short-term as well as quantified objectives and results in an effective manner. Negative perception of business organization standard costing as well as variance process reveals that employees manage during the budget setting. It fails in viewing the unfair process as far as possible. It is important for business organization on matters relating to performance management system for wide range of quantitative and qualitative measures. It encourages managemen t in adopting long-term views in alignment with organization strategic direction as a whole. Budget Versus Actual Most of the small business owners are of the opinion that budgeting as non-essential task as it is time-consuming. Leaders operate business activities without any kind of strategic financial plan of any form. It serves no purpose in considering business organization in understanding starting point as well as tracking progress at the same time. Figure: Budget Vs Actual (Source: Benninger, 2012) Business leaders conducts budget versus actual comparison. This particular process helps in using financial data for assessing close company spending as well as generation of revenue in meeting financial forecasting projections as included in given budget. It takes time in conducting the comparison but business leaders determine ways for working upon the funding process as far as possible. There are several reasons found for discrepancies noticed in budget as well as real quantity for expenditures plus revenues (Duck, 2012). These differences happen in case of the capacity of financial system. Buyer requirements as well as preference vary widely from actual actions by competitors. These factors are unpredictable in nature as well as reflect exact cause for resulted variances. Reference List Atkinson, A. (2012).Management accounting. Upper Saddle River, N.J.: Prentice Hall. Benninger, L. J. (2012). Standard Costs for Income Determination, Control, and Special Studies.The Accounting Review,25(4), 378-383. Bhattacharyya, D. (2011).Management accounting. Noida, India: Pearson. Boaden, R. J., Dale, B. G. (2012). Managing quality improvement in financial services: a framework and case study.Service Industries Journal,13(1), 17-39. Burritt, R. (2011).Environmental management accounting and supply chain management. Dordrecht: Springer. Callen, J. L. (2012). Efficiency measurement in the manufacturing firm.Journal of Productivity Analysis,2(1), 5-13. Drury, C. (2012).Management and cost accounting. Andover: Cengage Learning. Duck, R. E. V. (2012). The use of management accounting techniques in industry.Journal of Management Studies,8(3), 355-359. Eldenburg, L. (2011).Management accounting. Milton, Qld.: John Wiley Sons. Epstein, M. Lee, J. (2011).Advances in management accounting. Bingley, UK: Emerald. Epstein, M. Lee, J. (2012).Advances in management accounting. Bingley: Emerald. Fields, E. (2011).The essentials of finance and accounting for nonfinancial managers. New York: American Management Association. Fleischman, R. K., Boyns, T., Tyson, T. N. (2012). The search for standard costing in the United States and Britain.Abacus,44(4), 341-376. Gnen, S. (2012). THE USAGE OF TOTAL COST OF OWNERSHIP TOGETHER WITH QUALITY COSTING.World of Accounting Science,14(3). Horngren, C. Horngren, C. (2012).Management accounting. Toronto: Pearson Canada. Horngren, C. (2011).Introduction to management accounting. Upper Saddle River, N.J.: Prentice Hall. Horngren, C., Harrison, W., Oliver, M. (2012).Accounting. Upper Saddle River, N.J.: Pearson Prentice Hall. Lee, J. (2014).Engineering asset management 2011. London: Springer. Mandal, P., Shah, K. (2012). An analysis of quality costs in Australian manufacturing firms.Total Quality Management,13(2), 175-182. McFarland, W. B. (2012). The Basic Theory of Standard Costs.The Accounting Review,14(2), 151-158. Rumbaugh, J., Blaha, M., Premerlani, W., Eddy, F., Lorensen, W. E. (2012).Object-oriented modeling and design(Vol. 199, No. 1). Englewood Cliffs, NJ: Prentice-hall. Seal, W., Garrison, R., Noreen, E. (2012).Management accounting. London: McGraw-Hill Higher Education. Strasen, L. (2012). Standard costing/productivity model for nursing.Nursing economic$,5(4), 158. Williams, A. R. T., Van der Wiele, A., Dale, B. G. (2012). Quality costing: a management review.International Journal of Management Reviews,1(4), 441-460.

John Steinbeck Essays - Dust Bowl, John Steinbeck,

John Steinbeck John Steinbeck, a 20th century novelist, was the recipient of numerous awards including the Nobel Prize. Steinbeck, a conservative that valued the old America, could produce pages of beauty followed by pages of sheer trash writing using specific characteristics, which his work is characterized by. John Steinbeck's work is characterized by symbolism and allegory, which can be seen in his novels The Pearl, The Grapes ofWrath, and his short story ?Flight.? In his short story, "Flight," John Steinbeck uses many examples of symbolism, which is one way you can characterize John Steinbecks' work. Symbolism can be a person, place, or thing used to portray something beyond itself. The most repeatedly used symbol in ?Flight? is the color black. In literature many authors use the color black to represent death. In his short story, ?Flight,? Steinbeck has numerous examples of color symbolism. A few examples are the black handle on the long blade, Pepe's black hair, and the black jerky. Another example may be found when Pep? puts on his fathers black coat, which represents death. When Pep? puts on the coat he is literally covering himself with death. Another fine example is the trail in which Pep? travels. Steinbeck describes the path as a well-worn black path. By traveling on this path he is in fact taking the road of death. Furthermore Pep?'s appearance also helps foreshadow the ending. Steinbeck describes him as having a black hat that covers his black thatched hair. Pep? is also described as being dark, lean and tall. Another example is Pep?'s shack. The shack is described as weathered and very old. It casts a rather large shadow to the Northeast. The darkness of the shadow symbolizes death in the home. As we can readily see, the authors use of black symbolism in the story tells us that the main character, Pep?, is impending death (pg. 225). Another form of symbolism that Steinbeck utilizes, which is also in ?Flight,? is nature symbolism. Throughout the story he uses nature to symbolize a variety of things. An example of nature symbolism is water, which is used to represent life. Some examples in the short story ?Flight? are Pepes' water bag that he hung over his horses' shoulder, which began to leak, symbolizing Pepes' life leaking away. Another example is when Pepe was traveling he started out close to the river and got further and further away as he traveled, symbolizing getting further away from life (pg. 225). Direction is another symbol Steinbeck uses, which is in ?Flight? as well. In ?Flight? direction is used to symbolize positive and pejorative effects. North and East are generally "good" directions. Many people feel this came about when the early man saw the sun rise in the East. On the contrary, the directions South and West are generally "bad" directions. Basically this is because the sun sets in the West. The direction up, which is also the way to heaven is generally "good," while down, the direction of hell, is considered to be "bad." An example of this form of symbolism can be found when Pepe is returning home. Pepe looks at his "weathered little shack" and notices the shadow. The shadow is heading in the direction Northeast. Even though the directions North and east are "good," the fact that the shadow is there turns them "bad." This means that evil is winning over goodness. So, whichever direction Pepe turns to he will fall into evil. Another fine example is when Pepe watches t he sun set in the West. The sun, which is the bringer of all life, is moving towards evil. That means it will be dark out and Pepe's death is soon to come. Steinbeck further uses this symbolism while describing the tops of the trees on the mountain. The tops of the trees were wind-bitten and dead. This symbolizes that the further Pepe travels up the mountain the closer he is to his inevitable death. As shown above, direction is another very important aspect of symbolism. Direction is just another of the many ways John Steinbeck accomplishes his foreshadowing of the ending of his story (pg. 225). As we can clearly see, John Steinbeck has used many techniques and examples of symbolism

Catch-22 essays

Catch-22 essays Joseph Heller lived a long and prosperous life, throughout his 76 years he divided his time as a writer, teacher, and air force bombardier in World War II. He wrote a lot of books including some of his most famous; Something Happened, Good as Gold, Picture This, and Closing Time. His first, most remembered, and popular novel was Catch-22. Catch-22 is closely related to his experiences in the Air Force during the Second World War. Catch-22 is a war novel that is grotesque, cynical, and funny all at once. The story is based around the main characters events and feelings during the Second World War. The main character is a soldier named Yosarian who hates the war. He has a desire to live and be free, but is unable to do so because of the constraints that bureaucracy places on him. The war is no place for him and he feels like everyone is trying to kill him. Yosarrian just wants to go home, but he is constantly being thrown into brutal combat missions, where his safety is of no concern. His colonels are also continually raising the amount of missions that the members of the squadron are required to fly before given a dispatch home. Yosarian is forced into this brutal war and fights to stay alive and one day be free. The Story forms around Yosarian and the reader sees the gruesome war through his eyes. For example you see that Yosarians view towards war was obviously changed because of the death of his friend Snowden, who died in his arms on one of his missions. This haunts him and is part of the reason Yosarian lost all desire to participate in the war. Yosarian tries to get out of war in many ways. He spent a lot of time in the hospital faking illnesses and injury. For example in the opening chapter of the story Yosarian is in a Italian hospital pretending that something is wrong with his liver. Yosarian also pleas insanity, when he comes across a military law known as Catch-22. Catch-22 can make it p...

Strategic Management Essay Example | Topics and Well Written Essays - 2000 words - 3

Strategic Management - Essay Example An organization performs poorly when there is low climax in the cyclical marketplace. In order to augment the demand for services and products in mature markets, companies will result into restructuring. Through restructuring, an organization anticipates enhancing of the products or services in the market. Mature product marketplaces are a factor of all product lifecycles. After the initial fast growth period is complete, sales will persist to increase but at a slower rate (Thompson & Martin 2010, p. 383). Predicaments associated with mature markets comprise; increased threat of rivals capturing market share, slower expenditure recovery, and risk of products budging into the decline phases of product lifecycle. Once entire product marketplaces go into maturity, there is petite scope for expansion through innovation since the marketplace is already saturated. However, it is significant for every technology based corporations to retain research and expansion expenditure with an aim of sustaining a competitive advantage and keeping up with rivals. In a mature market, possibilities for expansion become significantly limited; alternatives comprise exploiting fresh markets and tactics to endeavor capturing rivals’ marketplace share. Maturity of markets increases the significance of brand names. Caterpillar has an advantage of a tremendously well established and globally known product name (Thompson & Martin 2010, p. 385). Until 1990, the organizational structure of Caterpillar paid attention to functional areas for instance accounting, manufacturing and engineering. The notion was that if every functional area attained its objectives and goals, the client would be satisfied and the firm prosperous. In mid-1990, the company... This paper stresses that the positive effects exceeded the negative effects on performance since the introduction of fresh performance measures and restructuring of the organization resulted to enhancement of the market, financial and productive performance of the company. The development of fresh performance assessment measures a reorganization of business units enabled Caterpillar to achieve its chief goals. The restructuring and execution of the fresh performance assessment system enabled Caterpillar to increase flexibility, responsiveness and customer focus. This report makes a conclusion that Caterpillar Inc. is the global dominant producer of mining and construction equipment, industrial gas turbines, natural gas and diesel engines, and diesel-electric trains. The corporation is also a dominant services provider through Caterpillar Remanufacturing Services, Caterpillar Financial and Progress Rail. In 1990s, the company initiated restructuring process in order to enhance its performance. The restructuring process was largely influenced by the fact Caterpillar products were operating in mature and cyclical markets. The new strategy, which was adopted by the company in 1990s positively, transformed the financial, market and productive performance. However, the new strategy had negative spillover effects on the performance of the company although the impact was not substantial. In 2010, the company adopted a new business tactic, which has enhanced its performance and competitiveness especially in developing economies.

SDiverse learners as challenges and opportunities Research Paper

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The Nature of Quantitative Research Essay -- Quantitative Research Pap

The Nature of Quantitative Research Quantitative Research Defined: According to Huysamen (1997), "descriptions of quantitative research typically discern a cycle of successive phases of hypothesis formulation, data collection, analysis and interpretation." Using a deductive approach, quantitative research seeks to establish facts, make predictions, and test hypotheses that have already been stated. A large part of the data analysis of quantitative research is statistical, striving to show that the world can be looked at in terms of one reality; this reality, when isolated in context, can be measured and understood, a perspective known as positivism (Gay & Airasian, 1999). Quantitative researchers are those who find themselves "treat(ing) their objects of study as having an existence independent of themselves and without any intrinsic meaning" (Huysamen, 1997). The Differing Characteristics of Qualitative Research: Somewhat in contrast to quantitative research is the practice of qualitative research. Whereas quantitative research is positivist in its outlook, qualitative research has a non-positivist perspective; this theory holds the view that the world itself is made up of different people with different perspectives and therefore, has many different meanings and contexts. While quantitative researchers work mostly with numerical data, qualitative researchers use mainly "non-numerical data such as observations, interviews, and other more discursive sources of information" (Gay & Airasian, 1999). Another difference between the two types of research is that where quantitative research seeks to find evidence which supports or does not support an existing hypothesis, "qualitative designs allow the hypotheses to emer... ...vey Isn't Research." Counselor Education and Supervision, 31, 194-195. Gay, L. R., & Airasian, Peter. (1999). Educational Research: Competencies for Analysis and Application, Sixth Edition, Upper Saddle River, NJ: Merrill. Huysamen, G. K. (1997, March). "Parallels Between Qualitative Research and Sequentially Performed Quantitative Research." South African Journal of Psychology, 27, 1-8. Johnson, R. Burke. (1997). "Examining the Validity Structure of Qualitative Research." Education, 118, 282-293. McCullough, Dick. (1997). Quantitative vs. Qualitative Marketing Research. [Online]. Retrieved September 18, 1999 from the World Wide Web: http://www.macroinc.com/articles/ Urban Wallace & Associates. (1995). Quantitative Research. [Online]. Retrieved September 18, 1999 from the World Wide Web:http://www.uwa.com/marketing/consultants/homepage.htm#Questions

A Protest from a Bushman

201005894| ENG 373 ASSIGNMENT| BOIKANYO MAKAUSU| 1. A PROTEST FROM A BUSHMAN POEM THEME: SADNESS The theme of the poet A Protest From a Bushman is SADNESS. The poet is expressing disapproval or objection to something, thus how his fellowman treats them and undermine the tribe, culture & tradition. TONE MORAL INDIGNATION The tone of the poem is typically a reactive emotion to anger over perceived mistreatment, insult or malice. It is somehow a sense of injustice. The bushman is more concerned with how his fellow countryman treats their tribe.He now feels that his native land not good/ not enjoyable to them as they are now treated as slaves and are now seen filthy. They are seen as a nobody hence this is their native land rather they are not refugees. The tone is the same through the poem. STRUCTURE The poem has 11 stanzas with 111 lines in total. The first stanza has 10 lines followed with the second stanza with 13 lines. The third stanza has 5 lines, seven on the fourth stanza while 19 lines on the fifth. The sixth stanza with also seven lines 15 lines with the seventh stanza and followed by3 lines on the eighth stanza.Then four lines on the ninety stanza. The second last stanza has sixteen lines while the last one has 12 lines. POETIC DEVICES REPITITION From stanza four the poet use repetition of the words, â€Å"life is tremulous like a drop of water on a mophane leaf. † to emphasize that life is shaking or shivering with the bad talks about the bushman by the fellow countryman. The bushman uses repetition to truly show that these talks makes them nervous, that is they don’t feel free in their native land. PERSONIFICATIONLife is personified to a person as it is said to be shivering/shaking hence it is something that’s not human like. It cannot shiver nor shake. He shows his anger by showing the unfairness of life. 2. THE ORATION OF CHIEF JOHN MADAWO NSWAZWI VII THEME SADNESS The theme of the poem The oration of Chief John Madawo Nswazwi i s sadness. The poet is being sad and not happy about how people are being treated. He is using Chief John Madawo Nswazwi giving out a speech to his tribe or nation addressing them about the suffering they were treated with and promising them that it is now over.He shows his sadness by saying, â€Å"We have become slaves Worse than dogs and pigs† By this he clarified how cruel they were being treated as animals. He also explained how heartless they were treated in front of God’s presence thus being weeped showing the immoral signs they discovered. TONE PROTEST The tone of the poem is a formal and solemn declaration of objection. Chief Nswazwi VIII is objecting or protesting against mistreatments of human rights to his fellow beloved countryman and women. The slave suffering of the countryman had put anger on him they now do not enjoy fruits of the country.He uses the African slave trade where missionaries mistreated the blacks as animals to explain their suffering which he feels is against the will of the almighty. The chief is angry to chief Tshekedi’s law where villages are being destroyed and reduced to ashes by his tyrannical rule. By saying â€Å" I shall come back fiercer than the burning sun† The chief promises the fellow countryman & women that if it happens he dies and the slave trade continues he would come back from the dead and display an intensive aggression to help his tribe. STRUCTURE The poem has 10 stanzas with 99 lines in total.In stanza I the poet expresses the feelings of anger that they have been mistreated but that shall stop and that the war brought shall kill the enemies themselves by using the chief. He continues in stanza 2 & 3 that upon his rule suffering would be changed to freedom and stop war with all his strength. He continues from stanza stating the impropriety of other chiefs, how they overexcite power up until stanza 7. In the last stanza the chief promises people that although they have lived throug h obstacles they would live a happy, freely and not disturbed life. 3. GABORONEThe aim of the poem is to briefly describe how the city Gaborone appears to be. In other words what Gaborone is and what happens around the city. However he does this by mainly focusing on the negative aspects in describing the city. It is a clear and short description of the picture behind the city Gaborone. The theme is perfectly reviewed throughout the poem, and to begin with the poet describe the climatic conditions of Gaborone in the first two lines to mention that Gaborone characterizes of high temperature or sunny conditions (Irritating Heat) as well as polluted air or not fresh air (Stale Air).He then continues to describe what happens around Gaborone from the third line to mention the fast moving and growing cockroaches, then large number of poor people (Hungry Smiles). The Poet continues with his description by mentioning foreign investors without identity found in Gaborone and also misleaders w ho feel overly self important (Pompous Misleaders). And halfway of the poem the poet says that Gaborone characterizes of misleading politicians (Visionless Politicians), violated house-wives in this case women abuse and also very poor artists.And towards the end he mentions that in Gaborone one may find rude and strict landlords and relatively increasing number of dealers. In concluding the poem he says Gaborone with its belly about to explode as to say that now population is increasing rapidly, the city is now expanding and hence growing into a huge city. STRUCTURE The poem comprises of only one stanza containing 20 lines, and each line starts by the word Gaborone. TONE The tone of the poem is quite a tone of disappoint or rather I will say the poet if fed up with what the city has turned into.So he writes this with a depressive mood. POETIC DEVICDES However the poet used some poetic devices during his writing such as rhyme, repetition and Hyperbole. He uses rhyming schemes such as the double rhymes like Hawkers and Workers, Mongers and Lovers. And also the triple rhymes like Churchgoers, Investors and Misleaders. Throughout the poem, the poet use repetition device in which he begins each line by the word Gaborone and there is also a hyperbole where by an outrageous exaggeration is used for effect, for example Turbo-Charged Cockroaches. 4.Outside A Hotel in Gaborone THEME The Poem put its focus on the desire or chase for money that people have and on the other hand it shows the power, strength and control that money can posses. This theme is being illustrated throughout the poem, and to start with the poet is trying to show us the picture behind a person who has money. He writes ‘Splash of Strident Colours, Splash of Covetous Smiles' as to show craving for possession or desire for wealth. So this is how a rich person would appear. He then continues to the second stanza to mention â€Å"eyes that lust money† s to say Minds that have a desire for m oney. And then he continues to the third stanza until the last one to illustrate what money does or what one would achieve with his/her wealthy being. and by doing so he write ‘ Purr of sleek cars' as to say Slow, continuous murmuring sound produced by attractive shinny cars driven in a group or a flock in chase for quick money. So this is basically what the poet is illustrating towards the end of the poem TONE So during the in analyzing the poem, it has appeared that the poet wrote this poem in a sad tone or mood as to show how disappointed he is.He is being let down by the impact that money has toward people around his city, Gaborone. STRUCTURE The Structure of poem comprises of 4 stanzas, the first stanza until the third one having a tercent each and the fourth stanza with quintet. POETIC DEVICES The Poem also comprises of some poetic devises such as rhyme, imagery, metaphor, simileys and. Firstly the rhyme, the poet uses sight rhyme that is word that are quite similar in s pelling but rather differ in pronunciations. For examples words like Cars and Curs, Flesh and Flash.He then applies Imagery, which is a sentence that uses the human senses to describe a vivid mental picture. For example he wrote â€Å"eyes that lust money† as to illustrate the picture of someone who has desire for money. He then applied the metaphor and simileys as to compare objects that are not alike, for example ‘Purr of Sleek Cars' and ‘Like Curs on Heat†. Here he is comparing the sound made by cars to the sound made by cats and again he compares an Undesirable dog on heat to Cars, as they are being driven by their owners in search for money. 5. SEROWE REFLECTONS STRUCTUREIt is made up of seven stanzas. The title is relevant in the sense that Serowe that the Poet talks about is different from the one he knew, the one he grew up in therefore it creates or forms on image of the then Serowe. POETIC DEVICES Metaphor ‘There is a permanent roar of your g reat warriors’. TONE The tone is sad because the Poet seems not to appreciate the changes in Serowe. There is so much change that he cannot accommodate. Serowe has become some that he is not proud of. SUMMARY From the poem we can tell that at first Serowe was a place that the Poet liked and enjoyed as his village.It was rich in culture but now Serowe has turned into something else, people use dongas to relief themselves; it is no longer safe for people to walk as night as people are being killed for sacrifices which is believed to bring wealth. Even the Kgotla [main] of Serowe makes people to think deeply about it whether it still potray the meaning of the Kgotla. Serowe has heavily fallen, one may say on the broken back just like the Poet and he continues by asking what could have went wrong with Serowe, the question is posed in such a way that the Poet want to find a solution in restoring the old Serowe.

Liability for murder - Free Essay Example

Sample details Pages: 12 Words: 3591 Downloads: 1 Date added: 2017/06/26 Category Law Essay Type Analytical essay Tags: Murder Essay Did you like this example? Question 1 Charlie attacks Betty with an ashtray, killing her and incurring prima facie liability for murder. The actus reus of murder is causing death which requires that the defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s act satisfies factual and legal causation. As there are no competing causes of death, these requirements are established and the actus reus of murder is satisfied. Don’t waste time! Our writers will create an original "Liability for murder" essay for you Create order The mens rea of murder is intention to kill or cause GBH.[1] Charlie attacks Betty with the aim of killing her thus establishing the mens rea and completing his liability for murder. Charlie will receive the mandatory life sentence for murder unless liability is reduced to voluntary manslaughter by one of the partial defences: diminished responsibility[2] or provocation.[3] Section 2(1) state that diminished responsibility is available if the defendant was à ¢Ã¢â€š ¬Ã…“suffering from such abnormality of mindà ¢Ã¢â€š ¬Ã‚ ¦as substantially impairs his mental responsibilityà ¢Ã¢â€š ¬Ã¢â€ž ¢ for his actions. This abnormality of mind must arise from one the specified causes: arrested or retarded development, inherent causes or induced by disease or injury. Therefore, Charlie must be suffering from an abnormality of mind, defined as à ¢Ã¢â€š ¬Ã…“a state of mind so different from that of ordinary human beings that the reasonable man would term it abnormalà ¢Ã¢â€š ¬Ã‚ .[4] He suffers from moderate learning difficulties, is partially deaf and suffers from a stutter and tic thus the question is whether this renders his state of mind so different to the ordinary personà ¢Ã¢â€š ¬Ã¢â€ž ¢s mind that it amounts to an abnormality. This determination of whether a defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s situation falls within diminished responsibility is a question of fact for the jury who will take into account medical evidence.[5] The jury may take into account Charlieà ¢Ã¢â€š ¬Ã¢â€ž ¢s disabilities and the impact that they have upon his lifestyle when reaching their decision about his state of mind. The breadth of the phrase à ¢Ã¢â€š ¬Ã‹Å"abnormality of mindà ¢Ã¢â€š ¬Ã¢â€ž ¢ is accepted as conferring immense discretion upon the jury to reach a finding of diminished responsibility in cases which arouse their sympathy and in which they feel that the defendant should benefit from the discretion in sentencing which accompanies a verdict of voluntary manslaughter.[6] A lthough this has been demonstrated in relation to à ¢Ã¢â€š ¬Ã‹Å"mercy killingsà ¢Ã¢â€š ¬Ã¢â€ž ¢ of the terminally ill[7] and in relation to women who kill abusive partners,[8] it is not certain that the jury will be prompted to sympathy by Charlieà ¢Ã¢â€š ¬Ã¢â€ž ¢s circumstances. For example, they may feel that his disabilities did not justify his self-imposed reclusive lifestyle and that he merely used them as a shield from the normal vicissitudes of life. If so, the jury could conclude that his state of mind was not sufficiently different from the ordinary person and his defence of diminished responsibility will fail. The level of discretion conferred upon the jury in relation to diminished responsibility mean that it is difficult to predict the likelihood of its success for Charlie. As such, it would be advisable to raise provocation as an alternative basis upon which the conviction for murder could be reduced to voluntary manslaughter. Provocation is defined in section 3 giving rise to a two-stage test. The first stage of the test is subjective and addresses whether the defendant was provoked, by things said or done, to lose self-control. This considers the defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s reaction to provocative conduct. Charlie attacked Betty after she had forced her way into his home and shouted abuse. It has been held that this subjective limb requires that the defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s loss of control must be both à ¢Ã¢â€š ¬Ã‹Å"sudden and temporaryà ¢Ã¢â€š ¬Ã¢â€ž ¢.[9] Here, Charlie tolerates Bettyà ¢Ã¢â€š ¬Ã¢â€ž ¢s abuse for a short period of time until he à ¢Ã¢â€š ¬Ã‹Å"suddenly snapsà ¢Ã¢â€š ¬Ã¢â€ž ¢ and grabs an ashtray to attack her. The use of the nearest object to hand as a weapon is indicative of a sudden response to provocative conduct[10] thus Charlie appears to satisfy the first subjective limb of the test of provocation. The second limb of provocation poses the objective question of whether the reasonable man would have been provoked and acted as the defendant did in attacking the victim. This provides a benchmark of the level of self-control expected of reasonable members of society and, historically, placed a brake on the availability of the defence. However, the House of Lords in Smith adopted a liberal approach to the characteristics that are attributed to the reasonable man which, arguably, negated its limiting qualities.[11] In Smith, the House of Lords held that the reasonable man should be given any characteristics of the defendant that affected his ability to exercise self-control. Following this approach, the reasonable man would be 28-year-old man with learning difficulties and some disabilities who leads a reclusive life and who, presumably, shies away from unpleasant situations. The question is then asked whether such a person would have been provoked by Bettyà ¢Ã¢â€š ¬Ã¢â€ž ¢s conduct. Given that the reasonable man has all of Charlieà ¢Ã¢â€š ¬Ã¢â€ž ¢s characteristics and he was certainl y provoked, it is likely that the answer to this question would be à ¢Ã¢â€š ¬Ã‹Å"yesà ¢Ã¢â€š ¬Ã¢â€ž ¢ which suggests that the defence of provocation would succeed. However, although Smith is a decision of the House of Lords, it was held to be wrongly decided by the Privy Council in the recent case of Holley.[12] The Privy Council cannot overrule a decision of the House of Lords so Smith should remain authoritative but the Court of Appeal refused to apply it recently, preferring the more restrictive approach in Holley.[13] Therefore, it may be that Charlieà ¢Ã¢â€š ¬Ã¢â€ž ¢s case will be decided on the basis of the narrower approach advocated by the Privy Council in which the characteristics are only attributed to the reasonable man if they were the subject-matter of the provocation. Here, Betty taunted Charlie using the words à ¢Ã¢â€š ¬Ã‹Å"degenerateà ¢Ã¢â€š ¬Ã¢â€ž ¢, à ¢Ã¢â€š ¬Ã‹Å"idiotà ¢Ã¢â€š ¬Ã¢â€ž ¢ and à ¢Ã¢â€š ¬Ã‹Å"retardà ¢Ã¢â€š ¬Ã¢â€ž ¢. Following Holley, only ch aracteristics indicative of low intelligence and mental and moral inferiority will be attributed to the reasonable man which could reduce Charlieà ¢Ã¢â€š ¬Ã¢â€ž ¢s prospects of a successful plea of provocation. However, as the law in this area is clearly in a state of uncertainty, it may be that the courts would apply the more favourable approach from Smith thus improving Charlieà ¢Ã¢â€š ¬Ã¢â€ž ¢s chances of avoiding a conviction for murder. However, even if the narrower test were used, it is possible that a jury may decide that a reasonable man with characteristics pertinent to Bettyà ¢Ã¢â€š ¬Ã¢â€ž ¢s taunts would have lost control and acted as he did in which case his plea of provocation will succeed and reduce his liability to voluntary manslaughter. Ultimately, the success of a defence to murder will hinge upon the juryà ¢Ã¢â€š ¬Ã¢â€ž ¢s evaluation of Charlieà ¢Ã¢â€š ¬Ã¢â€ž ¢s state of mind in relation to diminished responsibility (a question of fact) and the test used b y the courts to determine the characteristics attributable to the reasonable man for the purposes of provocation (an issue of law). Derek shot Arthur to prevent him reporting Bettyà ¢Ã¢â€š ¬Ã¢â€ž ¢s death to the police. As such, he intentionally caused Arthurà ¢Ã¢â€š ¬Ã¢â€ž ¢s death thus giving rise to prima facie liability for murder. It is difficult to identify basis for a defence of diminished responsibility as Derek is described as being à ¢Ã¢â€š ¬Ã‹Å"in fine healthà ¢Ã¢â€š ¬Ã¢â€ž ¢ which is not compatible with a finding that he is suffering from any abnormality of mind arising from one of the specified causes.[14] As such, Derek will need to rely upon provocation to reduce his liability to voluntary manslaughter but this may also be problematic due to the requirement that the defendant suffers a sudden and temporary loss of self-control.[15] Derek has not hit out in the heat of the moment but has appraised the situation before him and made a decision about a course of action. He has found his gun and loaded it before going to find Arthur, actions which suggest deliberation and planning rather than an uncontrollable reaction to external pressure which is at the heart of the defence of provocation. The courts have traditionally maintained that a à ¢Ã¢â€š ¬Ã‹Å"cooling offà ¢Ã¢â€š ¬Ã¢â€ž ¢ period is incompatible with the defence of provocation because it indicates that the defendant has had an opportunity to regain his composure and exercise control over his actions.[16] However, there is judicial recognition that a lapse in time between the provocative conduct and the killing is not always fatal to the availability of the defence, provided that the defendant was not in control at the time of the killing.[17] This has been particularly successful in à ¢Ã¢â€š ¬Ã‹Å"last strawà ¢Ã¢â€š ¬Ã¢â€ž ¢ cases in which the final provocative act appears insignificant unless viewed in the context of the history between the defendant and the victim.[18] However, it is unlikely that the court would take account of the previous animosity between the neighbours in light of Derekà ¢Ã¢â€š ¬Ã¢â€ž ¢s use of a gun, particularly against the husband of the man who has just been killed by his son. Moreover, Derek is a former soldier so can be presumed to know, more so than the ordinary man, of the fatal effects of gunshot wounds, so it is difficult to conceive that his actions are anything other than a deliberate killing in an attempt to obscure his sonà ¢Ã¢â€š ¬Ã¢â€ž ¢s crime. Given the degree of planning involved, the requirement of a sudden and temporary loss of control would not be satisfied and Derekà ¢Ã¢â€š ¬Ã¢â€ž ¢s defence of provocation will fail rendering him liability for a conviction for murder. Word Count: 1500 words Question 2 In 2003, the Home Secretary requested that the Law Commission report on the operation of the partial defences to murder with a view to ascertaining whether they were in need of reform. In particular, i t was to be considered whether, in light of the degree of overlap created by case law (particularly the House of Lords decision in Smith), the two defences should remain separate or be subsumed into a single defence. This issue is demonstrated in relation to Charlie as the same facts give rise to potential reliance on both diminished responsibility and provocation. The codification of the partial defences to murder in the Homicide Act 1957 was a specific attempt to add clarity and coherence to an area of law which, as a result of piecemeal common law developments, was in a state of some disarray. Concerns were particularly pressing following the execution of Ruth Ellis when it appeared that either diminished responsibility or provocation could have provided a defence.[19] The review of the law which followed led to the defences being put upon a statutory footing with the express intention that they should have a separate realm of operation. In other words, it was intended that pr ovocation would be available to those who had killed as a response to external stimuli whereas diminished responsibility would be applicable to those whose internal disorders led them to kill. This bifurcation on the basis of internal and external causes was always fraught with the potential for confusion as it is possible that a person with a mental abnormality (internal cause: diminished responsibility) would kill in response to external provocation.[20] Such situations caused case law to create significant overlap between the defences. In many respects, it should not have been problematic; provocation provides a benchmark of the level of self-control expected of the reasonable person in society by including a second objective requirement that must be satisfied if the defence is to succeed.[21] As the reasonable person is not suffering from an internal abnormality, they would not have reacted in the same way as the defendant thus provocation is will not be available but the def endant may rely instead upon diminished responsibility. In other words, the very factor that removes the availability of provocation from the defendant will form the basis of a defence of diminished responsibility. Seen in this sense, there is no reason why the defences could not have had a mutually exclusive sphere of operation. If this had remained the position, Charlieà ¢Ã¢â€š ¬Ã¢â€ž ¢s mental condition would have precluded him from reliance upon provocation and left him reliant on the availability of diminished responsibility. This raises two problems; firstly, the degree of discretion given to the jury to determine the availability of diminished responsibility made it an unpredictable defence that could be denied to even the most disturbed defendant[22] and, secondly, diminished responsibility has connotations of mental illness which many defendants were keen to avoid, preferring reliance on provocation which placed responsibility on factors outside the control of the defen dant. This was pertinent in relation to women who killed abusive partners; if the defendant was required to rely upon diminished responsibility, this suggested that the fault lay within their mentality rather than with the actions of a violent abuser who had pushed them beyond control.[23] In response, case law broadened the scope of provocation by increasing the characteristics of the defendant which were attributed to the reasonable man.[24] In particular, it was considered important to ensure that those possessed of lower levels of self-control as a result of mental illness were not deprived of the defence merely because the reasonable person would not be afflicted with an equivalent disorder.[25] This was a matter of particular concern for the Law Commission who made reference to the controversy created by the House of Lords decision in Smith which was seen as a means to à ¢Ã¢â€š ¬Ã…“enable a defendant to rely on personal idiosyncrasies which make himà ¢Ã¢â€š ¬Ã‚ ¦more sh ort-tempered than other peopleà ¢Ã¢â€š ¬Ã‚ .[26] The Law Commission gave close consideration to whether the two defences should be amalgamated into a single defence that contained elements of both as recommended by Mackay and Mitchell.[27] They rejected this approach[28] and formulated a proposed definition of provocation that would reassert the emphasis on the defence as a response to external pressure whilst underplaying the individual characteristics of the defendant.[29] The delineation between the internal and external compulsions to kill was further reinforced by the recommendation that the law of diminished responsibility should be left unchanged.[30] Accordingly, the Law Commission has sought to return to the position that was originally envisaged whereby each defence would have a separate realm of operation. According to the proposals, the law on provocation should be reformulated to apply only when the defendant has acted in response to à ¢Ã¢â€š ¬Ã‹Å"gross provoca tionà ¢Ã¢â€š ¬Ã¢â€ž ¢ which is defined as à ¢Ã¢â€š ¬Ã‹Å"words or conduct or a combination [thereof]à ¢Ã¢â€š ¬Ã‚ ¦which caused the defendant to have a justifiable sense of being wrongedà ¢Ã¢â€š ¬Ã¢â€ž ¢ or a à ¢Ã¢â€š ¬Ã‹Å"fear of serious violenceà ¢Ã¢â€š ¬Ã¢â€ž ¢ or these two factors combined.[31] If the defendant has responded to gross provocation, he will have a defence only if à ¢Ã¢â€š ¬Ã‹Å"a person of the defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s age and ordinary temperament, i.e. ordinary tolerance and restraintà ¢Ã¢â€š ¬Ã¢â€ž ¢ might have reacted in the same or a similar wayà ¢Ã¢â€š ¬Ã¢â€ž ¢.[32] If this approach to provocation were enacted, the outcome in relation to Charlie may well have differed as it is likely to have placed the defence further from his grasp than even the reformulated test proposed by the Privy Council in Holley.[33] It is questionable whether Bettyà ¢Ã¢â€š ¬Ã¢â€ž ¢s conduct would amount to à ¢Ã¢â€š ¬Ã‹Å"gross provocationà ¢Ã¢â€š ¬Ã¢â€ž ¢. Could Charlie have a à ¢Ã¢â€š ¬Ã‹Å"justifiable sense of being wrongedà ¢Ã¢â€š ¬Ã¢â€ž ¢ when Betty is merely complaining, albeit in vehement terms, about the noise he has created and objecting to the serious health risk posed by his tendency to leave rubbish in the vicinity of her home? The mere inclusion of a à ¢Ã¢â€š ¬Ã‹Å"justifiableà ¢Ã¢â€š ¬Ã¢â€ž ¢ requirement is indicative of the modification of the subjectivity and is tantamount to importing a reasonableness requirement into the first, as well as the second, limb of the test of provocation. Of course, the definition does extend the defence of provocation to those who act out of fear of violence (a questionable extension in light of the Law Commissionà ¢Ã¢â€š ¬Ã¢â€ž ¢s later discussion of self-defence)[34] and this could provide a basis to strengthen Charlieà ¢Ã¢â€š ¬Ã¢â€ž ¢s case in terms of reliance on provocation. Betty has been banging on the door for half-an-hour, a fair indication of a high level of anger, annoyance or other negat ive emotion, and has forced her way into this home, shouting as she does so. This may well be sufficient to engender a à ¢Ã¢â€š ¬Ã‹Å"fear of violenceà ¢Ã¢â€š ¬Ã¢â€ž ¢ in anyone, let alone someone as timorous as Charlie who is known to avoid leaving his home due to his dislike of being teased by local boys. Therefore, although the reformulation of provocation in terms of conduct that engenders a à ¢Ã¢â€š ¬Ã‹Å"justifiable sense of being wrongedà ¢Ã¢â€š ¬Ã¢â€ž ¢ may weaken Charlieà ¢Ã¢â€š ¬Ã¢â€ž ¢s prospects of success, the inclusion of the à ¢Ã¢â€š ¬Ã‹Å"fear of violenceà ¢Ã¢â€š ¬Ã¢â€ž ¢ requirement seems to strengthen it. Overall, it seems reasonable to assert that Charlie would have a fair chance of satisfying this first limb of the proposed test of provocation. The second limb of the proposed test seems to obviate any prospect of reliance upon provocation by Charlie as it is based upon the powers of restraint and temperament of the ordinary person. The Law Commission propo sals elaborate on the meaning of this requirement, making it clear that the only characteristics that are attributable to the à ¢Ã¢â€š ¬Ã‹Å"ordinary personà ¢Ã¢â€š ¬Ã¢â€ž ¢ are those arising from the provocation and not those à ¢Ã¢â€š ¬Ã‹Å"whose only relevance is to the defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s ability to exercise self-controlà ¢Ã¢â€š ¬Ã¢â€ž ¢. Accordingly, the Law Commissionà ¢Ã¢â€š ¬Ã¢â€ž ¢s view of the objective limb is largely in accord with the view of the Privy Council in Holley and represents a return to a narrow approach to provocation. The narrowing of provocation proposed by the Law Commission would do nothing to improve the position of Derek who would not have a defence under the existing law. It is difficult to see how Arthurà ¢Ã¢â€š ¬Ã¢â€ž ¢s actions in reporting Charlie to the police for killing Betty could be perceived as à ¢Ã¢â€š ¬Ã‹Å"gross provocationà ¢Ã¢â€š ¬Ã¢â€ž ¢. Overall, the Law Commission proposals regarding the interplay of provocation and diminished responsibility seek to restore the delineation between the defences[35] and rectify the weakening of the objective benchmark in provocation caused by the House of Lords decision in Smith; a process that has been effected to a certain degree by the condemnation of this decision as flawed by the Privy Council.[36] The overall aim of the criminal law in relation to homicide offences is to reflect degrees of culpability by facilitating differentiation between murder and manslaughter.[37] Whilst it is right that it is less blameworthy to kill in the heat of the moment in response to some external pressure than it is to engage in calculated and cold-blooded killing, there needs to be some limitation on the availability of provocation or the distinction becomes meaningless.[38] The Law Commission proposals restrict the availability of provocation by reinstating the objective requirements that have been eroded by case law. Word Count: 1500 words Case List Attorney-Gener al for Jersey v. Holley [2005] 3 All ER 371 Luc Thiet Thuan v. R [1996] 3 WLR 45 R v. Alhuwalia [1992] 4 All ER 889 R v. Baillie [1995] Crim LR 739 R v. Bryne [1960] 3 All ER 1 R v. Duffy [1949] 1 All ER 932 R v. Hayward (1833) 6 C P 157 R v. Humphreys [1995] 4 All ER 1008 R v. King [1965] 1 QB 443 R v. Mohammed [2005] EWCA 1880 R v. Moloney [1985] AC 905 R v. Morhall [1996] AC 90 R v. Price (1971) The Times 22 December R v. Smith (Morgan) [2000] 3 WLR 654 R v. Thornton [1992] 1 All ER 306 Bibliography Allen, M., (2003) Textbook on Criminal Law, 7th ed., Oxford: Oxford University Press Chalmers, J., à ¢Ã¢â€š ¬Ã‹Å"Merging Provocation and Diminished Responsibility; some Reasons for Scepticismà ¢Ã¢â€š ¬Ã¢â€ž ¢ [2004] Criminal Law Review 198 Clarkson, C.M.V. and Keating, H.M., (2003) Criminal Law: Text and Materials, 5th ed., London: Sweet Maxwell Elliot, C., à ¢Ã¢â€š ¬Ã‹Å"What Future for Voluntary Manslaughter?à ¢Ã¢â€š ¬Ã¢â €ž ¢ [2004] Journal of Criminal Law 253 Gale, C. and James, A., à ¢Ã¢â€š ¬Ã‹Å"Provocation: Law at Time of Trial Relevantà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2004) Journal of Criminal Law 96 Herring, J., (2004) Criminal Law: Text, Cases and Materials, Oxford: Oxford University Press Law Commission Report 290 (2003) Partial Defences to Murder Mackay, R.D. and Mitchell, B.J., à ¢Ã¢â€š ¬Ã‹Å"Provoking Diminished Responsibility: Two Pleas Merging Togetherà ¢Ã¢â€š ¬Ã¢â€ž ¢ [2003] Criminal Law Review 745 Nourse, V., à ¢Ã¢â€š ¬Ã‹Å"Passionà ¢Ã¢â€š ¬Ã¢â€ž ¢s Progress: Model Law Reform and the Provocation Defenceà ¢Ã¢â€š ¬Ã¢â€ž ¢ (1997) 106 Yale Law Journal 1331 Padfield, N., (2004) Criminal Law, 4th ed., Oxford: Clarendon Law Press Thornton, P., à ¢Ã¢â€š ¬Ã‹Å"A New Look at Expert Testimonyà ¢Ã¢â€š ¬Ã¢â€ž ¢ (1995) New Law Journal 94 Wilson, W., à ¢Ã¢â€š ¬Ã‹Å"The Structure of Criminal Defencesà ¢Ã¢â€š ¬Ã¢â€ž ¢ [2005] Criminal Law Review 108 1 Footnotes [1] R v. Moloney [1985] AC 905 [2] Section 2 Homicide Act 1957 [3] Section 3 Homicide Act 1957 [4] R v. Bryne [1960] 3 All ER 1 per Lord Parker [5] R v. Bryne [1960] 3 All ER 1 [6] Mackay, R.D. and Mitchell, B.J., à ¢Ã¢â€š ¬Ã‹Å"Provoking Diminished Responsibility: Two Pleas Merging Togetherà ¢Ã¢â€š ¬Ã¢â€ž ¢ [2003] Criminal Law Review 745 [7] R v. Price (1971) The Times 22 December [8] R v. Alhuwalia [1992] 4 All ER 889 [9] R v. Duffy [1949] 1 All ER 932 [10] R v. Thornton [1992] 1 All ER 306; R v. Alhuwalia [1992] 4 All ER 889 [11] R v. Smith (Morgan) [2000] 3 WLR 654 [12] Attorney-General for Jersey v. Holley [2005] 3 All ER 371 [13] R v. Mohammed [2005] EWCA 1880 [14] R v. King [1965] 1 QB 443 [15] R v. Duffy [1949] 1 All ER 932 [16] R v. Hayward (1833) 6 C P 157 [17] R v. Alhuwalia [1992] 4 All ER 889; R v. Baillie [1995] Crim LR 739 [18] R v. Humphreys [1995] 4 All ER 1008 [19] Gale, C. and James, A., à ¢Ã¢â€š ¬Ã‹Å"Provo cation: Law at Time of Trial Relevantà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2004) Journal of Criminal Law 96 [20] R v. Smith (Morgan) [2000] 3 WLR 654; Luc Thiet Thuan v. R [1996] 3 WLR 45 [21] Section 3(1) Homicide Act 1957 [22] Thornton, P., à ¢Ã¢â€š ¬Ã‹Å"A New Look at Expert Testimonyà ¢Ã¢â€š ¬Ã¢â€ž ¢ (1995) New Law Journal 94 [23] Nourse, V., à ¢Ã¢â€š ¬Ã‹Å"Passionà ¢Ã¢â€š ¬Ã¢â€ž ¢s Progress: Model Law Reform and the Provocation Defenceà ¢Ã¢â€š ¬Ã¢â€ž ¢ (1997) 106 Yale Law Journal 1331; R v. Alhuwalia [1992] 4 All ER 889; R v. Thornton [1992] 1 All ER 306 [24] Luc Thiet Thuan v. R [1996] 3 WLR 45; R v. Morhall [1996] AC 90 [25] R v. Smith (Morgan) [2000] 3 WLR 654 [26] Law Commission Report 290 (2003) Partial Defences to Murder, para. 3.20 [27] Mackay, R.D. and Mitchell, B.J., à ¢Ã¢â€š ¬Ã‹Å"Provoking Diminished Responsibility: Two Pleas Merging Togetherà ¢Ã¢â€š ¬Ã¢â€ž ¢ [2003] Criminal Law Review 745 [28] Law Commission Report 209 (2003) Partial Defences to Murder, para. 3.166 [29] Law Commission Report 209 (2003) Partial Defences to Murder, para. 3.168 [30] Law Commission Report 209 (2003) Partial Defences to Murder, para. 5.86 [31] Law Commission Report 209 (2003) Partial Defences to Murder, para. 3.168 [32] Law Commission Report 209 (2003) Partial Defences to Murder, para. 3.168 [33] Attorney-General for Jersey v. Holley [2005] 3 All ER 371; R v. Mohammed [2005] EWCA 1880 [34] Law Commission Report 209 (2003) Partial Defences to Murder, para. 4.27 [35] Chalmers, J., à ¢Ã¢â€š ¬Ã‹Å"Merging Provocation and Diminished Responsibility; some Reasons for Scepticismà ¢Ã¢â€š ¬Ã¢â€ž ¢ [2004] Criminal Law Review 198 [36] Attorney-General for Jersey v. Holley [2005] 3 All ER 371 [37] Elliot, C., à ¢Ã¢â€š ¬Ã‹Å"What Future for Voluntary Manslaughter?à ¢Ã¢â€š ¬Ã¢â€ž ¢ [2004] Journal of Criminal Law 253 [38] Wilson, W., à ¢Ã¢â€š ¬Ã‹Å"The Structure of Criminal Defencesà ¢Ã¢â€š ¬Ã¢â€ž ¢ [2005] Criminal Law Review 108