Sunday, March 31, 2019

Glycolipids: Function and Structure

Glycolipids Function and twistIntroduction maritime kingdom Fungi argon saprophytic or heterotrophic piss of filamentous spore forming eukaryote microorganisms ar extensively lives in the devil dog or estuarine ecosystem. The characterization and variety of the maritime fungi send packing be studied by the direct observation of morphological mental synthesis and next generation sequencing. Taxonomic solelyy characterized naval fungi atomic number 18 belongs to any facultative or obligate forms. Facultative forms are originally sourced from terrene or fresh water region however they are equal to(p) to colonize and adopt with the marine habitat and the obligate are extensively live in marine ecosystem (Kohlmeyer and Kohlmeyer, 1979). The fungi are extensively inform for the several biotechnological applications industrial utilization in enzymes, natural products and agriculture biocontrol and so forthThe marine fungus are taxonomically distinct (Jones et al., 2009), sa line tolerant (Jennings, 1986), circumscribed biochemical properties (Damare et al., 2006). Interestingly, the marine fungi have the novelty than the obligate fungi and attracts in applications of omics (Damare et al., 2012). Generally, marine fungi can be isolated from the nutrient rich substrata such(prenominal) as decaying wood (harbour), coral reef (Le Campion- Alsumard et al., 1995), seagrases (Thirunavkkarasu, 2011) and mangrove ecosystem (Saravanakumar et al., 2012) and deep sea soil (Damare, 2007) are enhance distinct diversity of the obligate fungi (Sridhar, 2005). Among the marine substrate, mangrove is an second largest source for the closing off of obligate marine fungi (Ragukumar 2004). However, the biotechnological application of marine fungi differs with the terrestrial fungi due to their environmental adaptations and distributions. Many research focus on biotechnological utilization of natural products, enzymes, biocontrol, bioremediation, fuel conservation, waste management by victimisation the marine fungi. A lot of structurally and pharmaceutically novel metabolites, isolated from marine fungi. However, this article focuses the glycollipids from the marine fungi and their properties, biological functions and applications.Glycolipids are a structurally very heterogenous group of tissue layer bound abstruse symbolise in all living prokaryotic and eukaryotic organisams to adult male cells. The destination of glycolipid is a colonial contains one or more monosaccharides glycodidically linked in to a lipid (Brandenburg and Holst, 2005). Glycolipids are an essential constituent of cellular tissue layer and have the remarkable biological functions of cell aggregation or disassociation act as receptor of accepter to provide the contact. Several glycolipids has important single-valued function in resistive system.fungous glycolipidomicsThe glycolipids are interesting group of the step up occurred in cell wall of animals, microbes and pla nt sources (Pinto et al., 2008). The fungal glycolipids are still of a sugar units usually glucose and galatose, hydrophobic ceramides, C19 sphingoid, C-9 metyl braches and unsaturated linkages with hydroxyhexadecanoic acids (Pinto et al., 2008).Glycoconjugates in fugal cell wallGlycoconjugates are composed of glycoprotins, peptides, glucons, polysaccharides, phosphoric acid, phospholipids, nitrogen and glycolipid molecules and assemble in the cell wall. Among the defining characteristics of fungal is cell wall multifactorial architecture. Fungal cell walls are substantially thicker than bacterial cell walls and commonly make up 10-30% of the biomass. They are freely permissible to small molecules and solute take system and signalling receptors remains in cell membrane. A different cell wall found in the fungi comparing to animals and the role of these walls includes osmotic support, selective permeability and interaction with environment (Conzalexz et al., 2009). Fungal wall s consist of covalently ford linked polysaccharides of -glycans and Chitin and several polysaccharides are covalently cross linked through glycosidic bonds (Pinto et al., 2008).Fungal glycolipids exteriorGenerally, the glycolipid molecules are found in cell membrane of all eukaryotic cell membranes, are contain the sugar called as glycolipids excessively biologically assertd biosurfactants are called as glycolipids. However, all type of glycolipids are biosurfactants but not all the biosurfactants are glycolipids (Mukherjee et al., 2006 Khopade et al., 2012). Simplest glycolipids contain the one or more sugars (Fig.) and complex glycolipids such as gangliosides contain a branch string with several sugars. Cell membranes of the fungi have the many types membrane and are assembled from four compounds such as (i) phospholipids molecules, (ii) transmembrane proteins, (iii) inerter protein network, and (iv) cell open air markers are not identical. The glycolipids are formed in the c ell wall of fungi by glycosylation in endoplasimic reticulam (ER) membrane sections and transfer the Golgi complex followed by plasma membrane (Fig). These add the sugar molecules chain to lipids called the sugar coating lipids that extents the outside of fungal cells and differences were identified in glycolipids among fungal species and used as cell surface layer or marker besides glycolipids are also compound of the fatty acids contain carbohydrates, and nitrogen not phosphoric acids includes the certain compounds of the gangliosides, sulfolipids and salfatids (Pinto et al., 2008). The glycolipids are a marker for the cell identification of cell surface changes and are serving as fundamental building blocks of fungi, energy molecule or store, component of membrane constituents, signal molecule to interact the environmental compounds in through outer matrix, lectins, growth factor, and a potential factor of pathogenesis and immune responses (Hakomori, 1990 Springer and Lasky, 1991 Pinto et al., 2008). Moreover, the detail mechanism of role and properties of the glycolipids in fungus remain unclear.Marine fungal glycolipidsResearch on glycolipids from the marine resources has expanded the due assist due to its potential novelty in biotechnological applications. Muralidhar et al., (2003) have been reviewed the glycolipids from the marine resources such as algae (Lo et al., 2001), microorganisms bacteria (Batrakov et al., 1998), fungi (Abraham et al., 1994), yeasts (Zinjarde and pant, 2002), actionbacteria (Kokare et al., 2007), sponges (pettit et al., 1999), gorgonians (Shin and Seo, 1995), sea anemones (Sugita et al., 1994), bryozoans (Ojika et al., 1997), tunicates (Loukaci et al., 2000), marine annelid (Noda et al., 1992), star fish (Sugiyama et al., 1988), sea cucumber (Higuchi et al., 1994), sea urchin (Babu et al., 1997) crinoids (Arao et al., 1999), molluscs (Yamaguchi et al., 1992), and marine crabmeat (Asai et al., 2000).In terrestrial Fungus, in ge neral yeasts have glycolipids as major(ip) constituents and are not the major compound in more fungal species. However, a high Glycolipids content of 11-16% of total lipids in Blastocladiella emersonii, the major compound of glycollipid is GalDAG and Gal2DAG (Mills and Cantino, 1974). The 61- 48 % of glycolipids is found in mycelia of Macrophomina phaseoline and the lower in the sclerotia (14-62%). However the glycolipids concentrations varied according the constituents of fermentation medium. The major compound of the fungal glycolipids identified as GalDAG and Gal2DAG based structural characterization. Further the major glycolipids of fungi is glycosphingolipids and D- glucosylceramides (Weete, 1980). Galactocerebrosides has been found in fungal species, of Aspergillus miger, C.utilis and S. cerevisae (Wagner and Zofcsik, 1969). Besides the fungal species Fusarium lini, Phycomycetes blakesleeanus and mushrooms are known to produce the glycolipids (Weiss et al., 1973). Subsequentl y, the glycolipids are widely studied from Torulaspora delbruecki , Saccharomyes cerevisae, Candida glabrata, Kluyveromyes yarrowii, F. pedrosoi and K. polyporus (Saito et al., 2006 Pinto et al., 2008). The long chain sphingadinene has been low reported from Aspergillus oryzae (Fujino and Ohishi, 1976) and subsequently from Schizophyllum commune (Ballio et al., 1979), Fusicoccum amygdale (Ballio et al., 1979)), Clitocybe geotrope and Aspergillus fumigatus (Villas old geezer et al., 1994), C. nebularis (Fodegel et al., 1986), A. niger(levery et al., 2000), A. versicolor (Walenkamp et al., 1999), Candida albicans (Matsubara et al., 1987), Acremonium chrysogenum (Sakaki et al., 2001), Cryptococcus neoformans (Rodrigues et al., 2000), Colletotrichum gloeosporioides ( de Silva et al., 2004), Fonsecaea pedrosoi (Nimrichter et al., 2005), Hansenula anomala (Ng et al., 1977), Fusarium sp. (Duarte et al., 1998), Histoplasma capulatum (Toledo et al., 2001), Kluyeromyces waltii (Takakuwa et al., 2002), paracoccidioides brasiliensis (Takahahi et al., 1996), Magnaporthe grisea (Koga et al., 2006), Pichia pastoris (Sakaki et al., 2001), Saccharomyces klyuyveri (Takakuwa et al., 2002), Pseudallescheria boydii (Pinto et al., 2002), Termitomyces albuminosus (Qi et al., 2002) Sporothrix schenkii (Toledo et al., 2001).In marine fungi, very hardly a(prenominal) studies are available on glycolipids of marine fungi (Table.1) the marine uninfected rot marine fungi Nia vibrissae is producer of glycolipids with quashory activity, the binding of endotoxin Lipopolysaccharide (LPS) to human endotoxin receptor (Helmholz et al., 1999). Marine fungi Gliocladium roseum KF-1040 is a producer of Roselipins can inhibit the enzyme diacylglycerol acyl transferase (Omura et al., 1999 Tomada et al., 1999 Tabata et al., 1999). Glycolipids derived from marine yeasts Calyptogena soyoae, Yarrowia lipolytica are effective on degradation of hydrocarbon (Zinjarde and pant, 2002 Konishi et al., 2010) . Glycolipids synthesised form filamentous endosymbiotic Aspergillus ustus has the significant antimicrobial activity (Kiran et al., 2009). Several marine fungus such as Penicillum sp. F23-2 (Sun et al., 2009), Linincola laevis (Abraham et al., 1994), Fusarium sp (Li et al., 2002) and Microsphaeropsis olivacea (Keugen et al., 1996) are significantly produced the glycolipids with unknown application.

Income Distribution And Poverty In Malaysia Economics Essay

Income Distribution And Poverty In Malaysia Economics Essay1.0 CHAPTER 1Health and education is the twain grand components of benevolent capital. This becomes the most all-important(a) directs to Malaysian batch beca habituate wellness and education have a cockeyed blood in the midst of the income dispersion and the take aim of distress in Malaysia. Besides that, the wellness shape and educational take aim be use in measured the take aim of income and the aim of poorness in a country.Problem StatementThe specific caper statement of this examine is shown belowThere is a strong race between health status and education take on the income dispersion and destitution in Malaysia.There is a gap of the income dispersal between the educated and healthy populate with the low-income and unfit mint in Malaysia.Income contrast and meagreness is non satisfactory in Malaysia. look into ObjectiveTo list the relationship of health and education on income level and po verty in Malaysia.To determine whether education level gives impact on income level and poverty in Malaysia.To put the factors of poverty in Malaysia.Scope and limitation of the studyThis study was focus on identifying and investigates whether health and education affect the income level and poverty in Malaysia. To examine and determine this relationship, it is important to measure the evidential of each of the variables cerebrate to this study. new(prenominal) than that, this study testament cover and use the entropy from 2005 until 2009 in Malaysian country. The data areas are the real per capita staring(a) domestic product (GDP), public spending on expenditure (percent of GDP), aggregate enrolment in original school and life expectancy of birth. The data are obtained from Department of statistics Malaysia and World Development Indicators (World Bank).signifi send awayce of the problemThis reputation is important to the economic growing in Malaysia as this study get ou t foster the politics to identify and determine the important area that need to be mitigated in order to lop income variation and forge poverty. Other than that, this paper overly discharge help the Malaysian communities to improve themselves by showing them the important of higher(prenominal) education level which is the important factors contribute to higher income level.Chapter outlineIn chapter 1, we impart discuss intimately the introduction of this study. We will know a little bit well-nigh the important of health and education. After conducting this study, we will determine the problem and aft(prenominal) that we can develop the objectives of this study. Lastly, we can determine the scope and limitation age conducting this study.Chapter 2 discuss about the germane(predicate) literature review. We developed the variable in this chapter which are the health, educational level, income inequalities and poverty. The conceptual framework alike included to explain th e relationship between the in helpless variables and dependent variables.Chapter 3 explain about the data and methodological analysis. This refers to the data used, the population and sampling methods that was very important to this study. From the data that we find, we can analyze the data and make a hypothesis. After that we can test the data.2.0 CHAPTER 22.1 IntroductionAs we looking at the en due(p) condition in our country, we can clear that there is a strong relationship between the health and education level with Malaysian communities income statistical distribution and poverty. This can be simplified as, there is a gap between the income distribution of the educated and healthy people with the poor and unhealthy people in Malaysia. This problem caused by slightly factors or variables that contribute to the income inequalities and poverty. Because of that, the government and the communities itself should identify and determine any areas that should be improved and find ap proximately suggestion to solve or reduce this problem. So that, we clearly see that the best way to reduce and improve this situation is to improve the health and education status in Malaysia as this is the vulgar factors in ascertain the income level and poverty level in one place. After do some reading and find some literature review related to this situation, this study presents the investigation of the effect of the two important components in compassionate needs which are the health and education on the income distribution and poverty in Malaysia.2.0 Theoretical FrameworkHealth StatusEducation levelDEPENDENT VARIABLE-Income inequality-PovertyLevel of Savings2.3 Literature freshenThere is an effect of health and education on income distributions and poverty in many areas in this world. This can be explained through some relevant literature review. Other than health and education level, the level of savings in any case categorized as the main(prenominal) factors affecting the income distribution and poverty.The problem of the income inequality and poverty is affected by health and education has investigated. According to Bakhtiari and Meisami (2009), the level of education, level of income, savings and health status can affect the income inequality and poverty. The higher educated people have to a gr eat uper extent opportunities to earn much money or income. Other than that, the much literate people pitch to have high awareness with their health and seeking medical when they ill. The conclusion of this paper is boosting the health and education status in Islamic countries will reduce the income inequality and poverty in Islamic countries. This paper also stated that Practical implications show that this empirical examination can help the Islamic countries government to identify any areas that should be improved in order to reduce the income inequality and alleviate poverty. Furthermore, this strategies help government to identify areas that shou ld be improved upon in order to reduce income inequality and reduce poverty line.To explain the facts that there are some important determinants of poverty and income distribution in evolution countries, Dao M.Q (2007), use a sample of 40 developing countries in the world, it was embed that some of the population below the poverty line is linearly depends on the human capital such as health, nutrition, and formal education. All of this is the components of improvements in the development of one country. This means that this human capital reduce income inequalities and poverty. After that, they also use 35 developing countries to measure and it was found that income inequality linearly affected by the selfsame(prenominal) explanatory variables but different than that, the infant mortality rate and the primary school completion rate also affect poverty and income level.Bastos et.al (2010), Research has been done to the children in Portugal to investigate the profile of income-poor children and the topics obtained states that 25 percent of them are at risk of poverty. They are from the low income families and this will bow the culture on their ingest habits. This contributes to the facts that the people from the lower socio-economic groups do not eat healthily. Mackereth C.J et.al also do some research on the culture of eating for the low income families and it also found the same results as Bastos et.al where they are not eat healthily and eating whatever available in front rather than cooking the healthy food. It is because they dont have enough resources and lack of clip.The relationship between socioeconomic deprivation and health status also has been place by Drakopoulos S.A et.al (2010). The result shows that the socioeconomic deprivation of child has negative effects on our health especially on our working stage. Our psychological health will decrease slowly because of this deprivation.Another results found from Habibov N.N (2010) regarding the low-income transitional countries and this also prove that health status and education level can influence the self-perceived social stratification in the multi-country like Armenia, Azerbaijan, and Georgia. It is stated that the most low-cost variables in increasing the income level of the low-income transitional countries are health status and education because this is the factors of growing the effectiveness of one country and improve the level of low-income people.In his research, Adjaye, J.A (2004), examine whether the income inequality affect health. The relationship between these two variables has become the major problem in our daily life nowadays. The result shows that the people that have low-income profiles are more likely to fall maladjusted because they dont have enough resources to pay for the treatment and medicine. Other than that, it also found that the people from rich family can live longer than the poor family people. This can be simply stated that the higher in come level we have the higher level of health we are.To prove that educational can improve the peoples income inequality, Ning, G (2010) do some investigation in China. It was found that, expand more in educational will help us to reduce the phenomena of income inequality. Other than that, one of the ways to solve the problem of poverty is to do more investment in education because this will gives high return in future.Lanaskoronskis, M. et.al (2009) found in their investigation that Reflection of higher education will contribute to the high competitiveness of a country. Competitiveness refers to the skill people, goods and service we have, or ideas can be accepted locally and international. On the other words, higher education becomes the most important areas that contribute to increase competitiveness.The common factors that contribute to the poverty can be explained through the paper of Wang, X. et al (2009) where they found that the poverty line in China are due to the lack of e ducation that automatically causing the unemployment that will make them cannot realise enough resources to buy food. Thats why China government conduct some surveys to investigate this problem and they also found that the profile of the low-income people is unhealthy because of the lack of consumption of nutritional food in their country.Education is the humans resource to apply job and opportunities in one country. This is because education is the main source of a company, manager and employers to measure their level of income. Education is a human capital investment that gives a long-term sustainable development for them. In Benjamin, S.J et.al (2011), it was found that household income is use to measure the Malaysian people ability to enter at any higher education institution. leave out of the resources will contribute to the lack of knowledgement. Besides that the parents will face the surmisal to pay the high fees for their children. This is because before this they dont t ake more attention on their level of education. They cannot apply a good job and after that their income is not enough to support the needs of education for their children.3.0 CHAPTER 33.1 The data and methodology that we used in this study is unit root test and the workaday least squares (OLS) to represent the effects of health and education on income distribution and poverty. Besides that this will shows whether there is a relationship between the dependent variables and independent variables.3.2 Data, population and sampling methods.In this paper, the data was covering the time series data from year 2005 to 2009 that is 5 years. For the population, this paper focuses on the people of 14 states in Malaysia.

Saturday, March 30, 2019

The Doctrine of ‘Personality Rights’ in the UK

The school of thought of Personality Rights in the UKThe United Kingdom has never ack instantlyledged a specific doctrine of individualizedity rights the rightfulness provides neither coherent nor lucid tribute, as the courts ar sceptical about creating monopoly rights in nebulous concepts such(prenominal) as names, semblance or popularity.1 Therefore celebrities and other juicy-profile individuals rely on a combination of transeunt arrive at, trademark, copyright and privacy laws for protection of the technical cheer of their character. None of these were invented to protect record rights however they are stepwise developing to adjust to the commercial reality of the value of nonoriety selling and endorsements. Misleading the usual by giving a ridiculous judgment of endorsement of a product by a reputation has been to sanctify the tort of move absent for oer a decade.2 The tort of going onward off was tralatitiously defined as nobody has the right to p layact his bang-ups as the goods of someone else.3 The classical triplet is necessary to succeed in laissez passer off the good allow or reputation must be attached to the products or services of the plaintiff, the misrepresentation must lead to the sloppiness as to the source of the goods and services, and this confusion must cause damage to the claimant.4 In the case of Fenty Ors v Arcadia Group Brands Ltd (t/a Topshop) Anor,5 high street guardianship retailer Topshop licensed an compass of popstar Rihannas face from a lensman and printed it on a jersey without either her permission organism desire nor obtained. Rihanna then sued for departure off. Mr Justice Birss applied the doctrine to the dispute. Although on real cross facts, Birss J found in favour of Rihanna and established a worldwide principle that arguably goes over against any celebrities who might have hoped to promise the mankind of a doctrine of nature rights. This decision develops the tort of pass ing off to small degree whilst emphasising that, in each case, the facts are decisive.6 The think about the recognition of personality rights in the UK is gathering impetus in the wake of Fenty with academics worry Walsh questioning if personality rights are finally on the agenda.7In the 1970s the UK courts were regularly unwilling to find false impressions relating to selling resulted in misrepresentation because of the need to show that they were engaged in a common fi days of activity. This premised a somewhat uncivil probe for confusion and there often would be no propinquity between, for example, a radiocommunication broadcaster and a cereal manufacturer.8 Until the test was discarded, at least as an absolute condition,9 it limited attempts to expand the categories of misrepresentation to offer licensing connections.10 Where the absence of a common field of activity was non definitive the court for example held the use of the name of the pop group Abba on merchandise did not amount to passing off on the stand that there was no real possibility that the unexclusive would be intricate into mentation that Abba had authorize the goods merely because their name or photograph appeared on them.11 Likewise the use of a photograph of the Spice Girls on the keep of a sticker collection was held not to constitute passing off.12 An primal exception came when it was held passing off had been established where cartoon characters, the Teenage version Ninja Turtles, were on enclothe without authorisation, since the public did expect the goods to be licensed.13 This case was expansive from the Abba scenario on the basis that it was brought in the context of the unauthorised training of jut outs of cartoons in which copyright existed, rather than the public figure or name of a celebrity. still the decision is generally viewed as opening up character selling law in the UK.In the seminal case of Irvine Laddie J held passing off covered cases of false endorsement, like where Talksport had altered an image of racing driver Eddie Irvine to have him hold a branded Talksport radio for advertising purposes without his permission. Laddie J considered the increasingly popular market place shape of personality licensing, including the licensing of a personalitys name or likeness outside a celebritys area of expertise as a common and lucrative practice for them, to reject the common eld of activity condition. Laddie J identified the inherent flexibility of passing off by saying the sort of cases which come within the backdrop of a passing off action has not remained stationary over the yearspassing off is closely connected to and dependent upon what is occurrence in the market place.14 Although Irvine was celebrated as a turn of events point in the protection of personality rights, the material limitation in the judgment was that passing off was limited to false endorsement and excluded merchandise cases. The classic celebrity-me rchandising situation seems similar the celebrity has a reputation and the public knows that it is common practice for celebrities to market their popularity by granting merchandise licenses.15 Laddie J differentiated between cases of endorsement and merchandising, however in Fenty Birss J approved Laddie Js reasoning but made it micturate there is no difference in merchandising cases and that the legal principles consecrate equally well in passing off if the public had been deceived into thinking the celebrity had authorised the product.Rihanna easily established sufficient goodwill in the fashion industry, as a style icon because of her cool, edgy image.16 This was present in her endorsement contracts with Nike and Gillette, her fashion design and promotion make believe with rival retailer River Island, and she had worked with HM, Gucci and Armani to collaborate on and design apparel. Birss J thereof stated Rihannas identity and endorsement in the world of high street fashio n was sensedto have tangible value by an organisation well placed to know.17Misrepresentation was the key output. Topshop argued the clothing was s think a island of Jersey bearing an image of Rihanna and the public had no expectation that it was authorised by her, whereas Rihanna contended that the particular facts of the case meant customers were misled into believing she had endorsed the t-shirt herself. The court considered the point in depth, addressing the various circumstances before considering the appear as a whole. Certain evidence considered was found to be indifferent(p) to determination a misrepresentation. The fact there was other unauthorised clothing bearing Rihannas image on bargain did not imply that the public would necessarily believe that such clothing was authorised. Topshop had sold twain clothing bearing authorised images and clothing, which was approved or endorsed by celebrities. Overall, its customers were objective having no positive expectation either way when considering clothing bearing a celebritys image. Also the t-shirt was fashionable and on sale in a high street retailer. Certain factors indicated finding in Topshops favour. Some of Rihannas official merchandise include an R slash trademark logo or her name, the t-shirt lacked both, and asunder from a few days online the word Rihanna was not employ at all. There was also no genuine evidence of actual confusion. that on balance, significant factors supported RIhanna. Topshop had made considerable effort to try connections in the public consciousness between the store and celebrities notably Kate Moss, and now more importantly Rihanna. This made it more likely buyers would conclude that the t-shirt was authorised and being a fashion retailer, consumers would reasonably expect Topshop to bare and sell products authorised by celebrities. Topshops prior association with Rihanna was important as Topshop ran a competition in 2010 to win a personal shopping appointment with Rihanna. Rihanna also visited Topshop in 2012 which they chose to publicise by tweeting to their 350,000 cheep followers, just before the t-shirt went on sale a significant commercial communication in the eyes of Birss J, to a demographic who value social media highly. Topshop had therefore repeatedly associated itself and it products with Rihanna in a high-profile manner and this demonstrated Topshop were looking to take advantage of Rihannas position as a style icon. The image on the t-shirt was taken during the video blast of RIhannas single We Found Love from her 2011 Talk that Talk album. Importantly, it showed Rihanna with the same hairstyle and headscarf as the album cover. This meant that the image was not just recognisably Rihanna but looked like a promotional shot for the music release. The court found that it was simply likely that, to her fans, the image might be regarded as part of the marketing campaign. This was a critical point in the decision. Although B irss J believed a good number of buyers would buy the t-shirt without considering the question of authorisation, he concluded that, in the circumstances, a substantial proportion of those judging the t-shirt (specifically Rihanna fans) would be support to think that it was clothing authorised by the popstar. They would have recognised that particular image of Rihanna not simply as an image of her but as a particular image of her connected with the particular context of the album. numerous of these purchasers would have bought the product because they thought that Rihanna had authorised it others would have bought it because of the value of the perceived authorisation itself. In each case, the idea that it was authorised was part of what incite them to buy the product and in each case they would have been deceived.The test for damage was also easily satisfied. If a substantial number of purchasers were deceived into buying the t-shirt because of a false belief that it was authoris ed by Rihanna herself, then that would have damaged Rihannas goodwill, both by way of sales lost to her merchandising business and a leaving of keep over her reputation in the fashion sphere.18Considering the particular facts, it is not surprising Birss J found in Rihannas favour. The classical trinity of passing off were fulfilled, however this decision is unlikely to open the floodgates for cases to be brought every time a celebritys image is used without a merchandising license, as it was made clear the mere sale by a trader of a t-shirt bearing an image of a famous person is not without more, an act of passing off.19 Birss J was eager to emphasise that there is today in England no such thing as a free standing general right by a famous person (or anyone else) to control reproduction of their image.20 The judgment is useful as a confirmation of the general principles of passing off applied to unauthorised use of celebrity images.21 If the UK is approaching the creation of a doc trine of personality rights in some form, it is necessary to analyze the justifications and gauge whether they are robust rich to validate the subsequent restraints that would be placed upon society. The justifications suggested in support of personality rights fall largely into deuce-ace groups moral, frugal and consumer protection financial statements.The confinement-based moral justification is founded on John Lockes theory of property.22 Essentially, itprovidesthat an individualhasamoralrightintheobjectofvaluetransformedbecauseoftheir efforts. Nimmer supported this point by contending that the person who has long and laboriously nurtured the fruit of publicity values and has spent time, effort, skill, and even money in their creation, is presumably allowed to enjoy it.23 Professor McCarthy feels personality rights are a common-sense, obvious right needing little intellectual rationalisation to justify its existence.24 However, Madow deconstructs these arguments by contend ing that fame is something conferred by others and is not necessarily d make to the efforts of the individual.25 Moreover according to Madow the labour argument ignoresthe fundamental fictitious character themediaplayinthecreationofcelebrities.He uses the example of Einstein andobservesthatthemedia selectedhim becausehedidinterviews, wasquotable and hehadtherightlook.26TheimageofEinsteinthat is familiar today,what itmeanstothe pubic themadbutpleasant scientistwith bushywhitehairandmoustache wasa personality createdby themedia. Therefore sole(prenominal) when the media and public take notice and attach grandeur to a personal image can it fully enter into the market place.27 Thus contrary to the statement by McCarthy, it would appear a celebrity cannot justify that they solely created their public image and consequently cannot stake an indisputable moral claim to the exclusive ownership or control of the economic value that comes with it.Personality rights can also be justified o n economic arguments. Economic theory proposes persons should be economically incentivised into undertaking socially, enriching activities such as creating a persona that benefits society culturally,28 and this creativity can only be encouraged if the person is given exclusive right to control their creations, because this provides incentive for performers to make economic investments required to produce performances appealing to the public.29 However Carty doubts whether personality rights would produce increases in economic activity or innovation.30 Following Madows ideas, the UK is currently without a personality right, and celebrities still gain significant income from their publicity values and failure to introduce such a right in the future will not fire individuals profiting from the income already gained through endorsements and merchandising officially authorised by them.31 According to Madow such protection also has distributional consequences,32 whereby personality righ ts bone the price of merchandise and advertising in general, placing more wealth in the hands of a select few, who already derive significant income, and away from the mass of consumers making up society.33Another justification for personality rights is the consumer protection argument focusing on the idea that without protection, the public will be misled about the authorisation of a celebritys association with a product or service. At first sight the consumer protection argument appears advisable, joining protection of the celebritys success with protection of the consumer, and it mirrors the traditional rationale for trademark and passing off.34 However personality rights would allow celebrities to stop commercial uses of their personas that are not fraudulent or deceptive, and Professor Shiffrin states personality rights give celebrites power to control the dissemination of truth for his or her own profit.35 On another level, Madow argues the degree to which personality rights would stop the consumer being misled is generally superfluous,36 because in situations where there is a realistic chance that, consumers will be deceived or confused about a celebritys association or endorsement, legal mechanisms better adapted for that reason already exist, notably passing off.In conclusion, the extent to which Fenty constitutes a creation of a doctrine of personality rights is limited. In the words of Roberts this judgment does not remove the law and it does not create an image right. It simply applies the vivacious doctrine of passing off to the evolving commercial reality of the value of celebrity endorsements.37 The decision is important as it improves a flaw in the Irvine verdict,38 in the same way that Irvine marked the first time that passing off was applied to false endorsement, Fenty is the first time it has been applied to false merchandising featuring a real person, with merchandising claims having only previously succeeded in coitus to fictional char acters,39 and indicates that UK courts are slowly recognising the need to protect the commercial value of celebrity merchandising. It is clear from the case that the result was carefully balanced on particular facts and that if for example Rihanna had not been a fashion icon or the image was different she would have less chance of being successful. Fenty highlights the issue of misrepresentation is however always one of fact, and the false belief of the purchaser is key to constitute passing off, a false belief incited in the mind of the prospective purchaser must play a role in their choice to buy. Although there are persuasive advocates of the creation of a doctrine of personality rights,40 and there is also no definite rationale for an absolute rejection,41 it would seem the decision in Fenty should be welcomed because there are substantial drawbacks in the moral, economic and consumer protection justifications put forward. The decision develops passing off to a small degree to k eep up with sophisticated business practice without creating personality rights, which are not necessary as celebrities are already sufficiently protected. The tort of passing off has again demonstrated its inherent flexibility and that it is closely connected to and dependent upon what is calamity in the market place. To sum up, without an element of consumer deception, English law in this area remains characteristically cautious,42 and this should be welcomed.1 J. Klink, 50 years of Publicity Rights in the United States and the never Ending chafe with Intellectual Property and Personality Rights in Europe, (2003), 4 IPQ 363, p.366.2 Irvine v Talksport Ltd 2003 EWCA Civ 4233 Reddaway v Banham (1896) 13 RPC 218 at 244 per Lord Halsbury4 Reckitt Colman v Borden 1990 1 WLR 491 at 499 per Lord Oliver5 2010 EWHC 2310 (Ch)6 D. Meale, Rihannas face on a T-shirt without a licence? No, this time its passing off, (2013) 8(11) JIPLP 823, p.823.7 C. Walsh, Are personality rights finally on the UK agenda?, (2013) 35(5) EIPR 253, p.253.8 McCulloch v Lewis A May 1947 2 All ER 8459 Lyngstad v Anabas Products 1977 FSR 62 at 6710 Wombles Ltd v Wombles Skips Ltd 1975 FSR 488 Ch D11 Lyngstad v Anabas Products 1977 FSR 6212 Halliwell Ors v Panini Ors (6 June, 1997, unreported)13 Mirage Studiosv Counterfeat garments 1991 FSR 14514 2002 FSR 60 at para 13-1415 J. Klink, op.cit., p.375.16 Fenty v Topshop 2013 EWHC 2310 (Ch) at 4617 Ibid at 4218 Ibid at 7219 Ibid at 7520 Ibid at 221 H. Beverley-Smith and L. Barrow, Talk that tortof passing off RIhanna, and the scope of actionable misrepresentation Fenty v Arcadia Group Brands Ltd (t/a Topshop), (2014), 36(1) EIPR 57, p.61.22 J. Locke, The mo Treatise of Government, (New York Liberal Arts Press, 1952)23 M.B. Nimmer, The Right of Publicity, (1954) 19 Law and coeval Problems 203, p.216.24 J.T. McCarthy, The Rights of Publicity and Privacy, (New York C.Boardman, 1987), s.1.1B 2 at 1-5 s.1.11C at 1-46.25 M. Madow, Private Ownershi p of Public persona Popular Culture and Publicity Rights, (1993), 81 CLR 125, p.182.26 Ibid, p.19027 J. Fowles, Celebrity Performers and the American Public, (Washington D.C. Smithsonian set up Press, 1992), p.84.28 J.T. McCarthy, Melville B. Nimmer and the Right of Publicity A Tribute (1987) 34 UCLA LR1703, p.1710.29 D.E. Shipley, Publicity Never Dies It just Fades Away, (1981) 66 Cornell LR 673, p.681.30 H. Carty, Advertising, Publicity Rights and English Law, (2004) 3 IPQ 209, p.251.31 M. Madow, op.cit., p.21132 Ibid, p.218.33 Ibid34 H. Carty, op.cit., p.252.35 S. Shiffrin, The archetypal Amendment and Economic Regulations Away from a General Theory of the First Amendment, (1983) 78 NW ULR 1212, p.1258.36 M. Madow, op.cit., p.233.37 J. Roberts, Face off Rihanna wins image rights case, (2013), 24(8) Ent LR 283, p.285.38 A. De Landa Barajas, Personality rights in the United States and the United Kingdom is Vanna too much? Is Irvine not enough?, (2009) 20(7) Ent LR 253, p.258.39 J. Roberts, op.cit., p.285.40 S. Bains, Personality rights should the UK grant celebrities a proprietary right in their personality? Part 2, (2013) 18(6) Ent LR 2054142 H. Beverley-Smith, op.cit., p.61.

Friday, March 29, 2019

Good Governance Essay

great formation Essay regime is the count and conscious management of regime structures for enhancing the worldly concern realm. G overnance set up be viewed from gravelible, political and economic panoramas. Indeed, intimately giving medication is pivotal to the growth process. maturement linked brass section has been an issue oftentimes debated in the contemporary world. The term reinance has taken a much wider meaning and is no perennial restricted to draw rein or administration only when is mixer functiond in a bountifuler sense to imply the manner in which provide is exercised. Since bureau thunder mug be exercised in any manner as desired, current principles would be required in order to judge whether the dis air of the occasion has been do as per accepted standards and norms. such judgment bottomland be establish on several criteria participation of citizens, upholding the rule of law of nature, transp arncy of the frame, re feativity of th e situation, consensus oriented policy, equity and inclusiveness of the policy, function of the dodging, strategic vision of the authority, etc.At the end of the Cold War era, the term respectable arrangement came into circulation which sentiency the prescriptions by donor agencies for carrying keep an eye on out of the closet economic and political reforms by the pass receiver countries. These prescriptions were presented by world(prenominal) donor agencies as conditionalities and were expected to be met with compliance.4The valets Bank defines right(a) giving medication as ..the one epitomized by predictable, unresolved, and tyro policy- make, a bureaucracy imbued with a professional ethos acting in furtherance of the earthly concern good, the rule of law, transp atomic number 18nt processes, and a strong polite nightspot participating in national affairs. Poor brass section (on the other knock over) is characterized by arbitrary policy making, un musical sco reable bureaucracies, un-enforced or un tho legitimate systems, the plague of executive index number, a civil lodge unengaged in overt life and widespread degeneracy.5The Government of Maharashtra incubate on Good Governance sought to elucidate on the concept of good politics.6At the fountain in the Mission Statement of the report, it clarified that the concept of good constitution was much big than mere administrative reforms as unders in additiond in the conventional sense of the term as it covered to a greater extent fuzee and substance. Good nerve has much to do with the ethical grounding of memorial tablet and thitherfore mustiness(prenominal)iness(prenominal) be evaluated with reference to specific norms and objectives as may be laid down. Apart from looking at the functioning of the conveyn(p) segment of the gild from the point of view of its acknowledged stakeholders and beneficiaries and customers and incorporating these perspectives in the course of its actions, it must ca-ca firm moorings to certain moral values and principles.As a concept, good governance applies to sundry(a) and distinct sections of the nightspot the presidential term, legislature, judiciary, the media, the closed-door sector, the corporate sector, the co-operatives, societies, believes, organizations and even non- organizational organizations.7After all in all, humans answerableness and transp arency are bear only relevant for each one of these institutions on which the society derives pillar-strength. Furthermore, nevertheless when all these and various other sections of the society conduct their affairs in a socially responsible manner can the objective of achieving larger good for the largest number of people in the society be realized.It must similarly be mentioned that the fore near test of good governance is the attentiveness for the rule of law. As the often quoted saying goes, the law is supreme and higher up all its subjects. Governa nce must always be based on rule of law. Every lawfully established regimen must govern according to the laws of the land and all its actions must uphold the rule of law and any effort to take the law in ones own hand or to undermine the law by anyone, howsoever high and mighty he may be, must be dealt with speedily, decisively and in an exemplary manner. The Report goes on to observe that it is a matter of great concern that patronage over five decades of Independence, it can non be said with conviction that our governance is based on the rule of law.CHAPTER 2PRINCIPLES OF GOOD GOVERNANCE2.1 Principles of Good GovernanceThe pillars of governance admit accountability, transparency, predictability and participation these are universally applicable careless(predicate) of economic orientation, strategic priorities, or policy choices of the government in question. However, thither application must be kingdom-specific and purely based on the economic, social and administrative capa city of the country. The universally accepted characteristics of good governance accommodate participation, rule of law, transparency, responsiveness, equity, inclusiveness, effectiveness, efficiency and accountability.8The following text shall cover the principles which may be considered as the tonality principles of good governance in the opinion of the researcher. These key elements have been listed out by the researcher based on their relevancy and contri exception towards establishing an efficient and objective driven governing authority, covering socio-political and economic considerations. The determinative role that these principles play are supported by the various texts of international governing authorities, bid the unify Nations, as sound as the emphasis laid upon them by the Constitutions of various countries including India. therefore, these principles are covered non only by hard-law provisions, i.e. legislations, treaties, etc. which make the compliance to suc h(prenominal) principles mandatory, but as well soft-law provisions, i.e. declarations, policies outlining desirable targets, etc. which reflect the consensus of countries and their convergence in plan process vis--vis these principles.(1) de screwr and Fair ElectionsSince good governance emphasizes on the importee attached to the ripe(p) people being holdd in the determination making process, a elected setup where the representatives of the people are in control of the power, reckond by poverty-stricken and fair chosenions, holds importance towards ensuring good governance. Free and fair elections ensure that the citizens are able to exercise their right to elect their leading and hence act in voicing their interests by dint of these leaders. However, such an election process must be free and fair, where the voters have a choice amongst the candidates and the right to the relevant randomness concerning the candidates in order to elect the leader who according to them could surmount serve the government. Such elections are broadcast to all persons without discriminating on sex, scat or ethnicity and are without load or coercion by the government..The right to vote is a constitutionally safeguarded right and is the cornerstone of a democratic society. However, other factors which discussed below are essential to ensure that elections are a means to a democratic society, and not an end by themselves.9(2) Independent Judiciary The Rule of truthA crucial aspect of the constitutional mechanism is a system of checks and balances that is imposed upon the different organs of the State. duration power is granted to the government, its function is overlooked and kept inside acceptable limits by the constitutional limits like periodic elections, guarantees of rights, and an independent judiciary which permits the citizens to hear rampart of their rights and redress against government actions. In this way, one branch of the government is able to provide accountability for the actions of another.The value attached to an independent judiciary cannot be neglected repayable to its role in preserving the rule of law.10The rule of law binds the branches of the government together. It also lays the foundation for the sound establishment of the healthy economic, social and political life. The Courts must uphold the rule of law in the State, fairly and without discrimination, providing equal protection for women and minorities and allow open and fair access to judicial and administrative systems. governmental or civil rights must not be denied by reasons of sex, race or ethnicity. Justice should be available for all sections of the society.Good governance requires fair legal frameworks that are enforced impartially. It requires full protection of pitying rights, particularly those of the minorities. Impartial enforcement of laws requires an independent judiciary and an impartial and incorruptible police force force.11(3) Freedo m of Speech PressTo function efficiently, a democratic society based on justice must not restrict the free commuting of motifs and instruction. To achieve this, free and open press and the freedoms of speech and expression are constitutionally safeguarded rights as well to cultivate effective governance. We live in an data driven society, and the access to learning provides a bouncy tool to the public to make informed choices regarding their day to day lives and enables them to participate in the governance process. Such freedoms also serve as a check on the accountability for the government and lets the citizens redress the government for its actions. It facilitates the ex shift of political discourse, creating a marketplace of ideas where no view is stifled and the best are chosen.12(4) Elimination of CorruptionGood governance also translates into the evacuation of putrefaction to write the integrity of democracy. Governments must strive to rid themselves of transplant as corruption damages economic exploitation and reform, and is an obstacle as far as the ability of create countries to attract foreign enthronisation is concerned while also hindering the growth of democratic institutions, and concentrating power in the hands of a few. The best way to combat corruption is for governments to be open and transparent. plot in certain cases governments have a responsibility to retain secrecy and confidentiality, democratic governments must be slight to the citizens right to know. Strong laws against corruption and the presence of law enforcement agencies that work against corruption demonstrate a governments commitment to this principle.13(5) Investment in PeopleReaping level best benefit and managing the limited resources before the country is a task which must be performed by the administration. While following good governance practices, the government must invest in the people to cultivate a human resource base. This means that ample resource s must be devoted to preserve the welfare of the citizens, without discrimination, and provide health care, education, etc., and an environment where political, economic and social well being, peace and justice can be achieved.14(6) Legitimacy Voice only citizens, men and women, must have a voice in the last making process in good governance compliant State. This may be direct or by means of legitimate intermediate institutions. Such broad participation is made possible by the freedom of fellowship and expression. Of the principles enumerated thus far, the principle of legitimacy and voice has the strongest claim to universal information based on over a half century of United Nations accomplishments in the field of human rights.15Another facet of good governance is the intention to act on consensus and not on the will of a few, whether strong or weak. This mediates the differing interests to reach a broad consensus on what is in the best interest of the entire society. A long t erm perspective giving due regard to the holistic effect on the society must be undertaken before the governing authority envisages on a path and focus on sustainable human development. This may include better taste the historical, cultural and social contexts of the given society.16(7) DirectionThe leaders in particular and the public in general should have a broad and long term perspective on good governance and human development, accompanied with a strong sense of the historical, cultural and social complexities in which that perspective is grounded.17The leaders and the public should have a broad and long-term perspective on good governance and human development, on with a sense of what is needed for such development. There is also an understanding of the historical, cultural and social complexities in which that perspective is grounded.Governance is thus a checklist of criteria of managing public affairs. As Lewis T. Preston, the World Bank president, categorically stated in hi foreword to Governance and Development,Good governance is an essential balance to sound economic policies. Efficient and accountable management by the public sector and a predictable and transparent policy framework are critical to the efficiency of markets and governments, and hence to economic development.18(8) Performance OrientationWhile good governance necessitates the consideration of several other factors, achieving the targets set ahead by the government cannot be overlooked. These institutions and processes must attempt to serve all the stakeholders, and produce results that meet the demand while making the best subroutine of the resources.19The work should always be oriented towards achieving optimal performance. Performance can be divided into two categories responsiveness of the government, and the effectiveness and efficiency of the government. Good governance calls for serving of the stakeholders within a reasonable timeframe which would ensure trust and accept ance of the public. Responsiveness of the government can only be tried and true if there exists meaningful and serious civil society engagement in the public affairs of the State.20The concept of efficiency in the context of good governance also covers the sustainable practice of natural resources and the protections of the environment.(9) Accountability development is also associated with the power government exercises. By restricting information, people within government become more powerful that those who are without it. Thus, claim for transparency and information is also about sharing of power. It is possible to misuse power when it is concentrated rather than when it is shared among a broader stream of people. As information grows, the arbitrariness of government tends to reduce.21Good governance entails the accountability of those who have been entrusted with certain duties and powers. Since the public participates in the decision making through the elected representatives and through the appointed decision makers, these decision makers are accountable to the public for the use of their powers. The level of this accountability may however differ in ossification with the organization in question and the nature of the decision.The private sector and civil society organizations must also be held accountable to the public and their institutional stakeholders. In general, an organization or an institution is accountable to those who will be change by its decisions or actions.22Accountability cannot be enforced without transparency and the rule of law. Transparency refers to the taking decisions and enforcing them in accordance with rules and regulations and making the information with regard to such actions accessible for scrutiny by those the decisions affect. In simple terms, it means also that sufficient information is provided and that it is provided in easily understandable forms and mediums.23Transparency depends on the building of a free flow o f information. Processes, institutions and information are directly made accessible to those concerned with them and enough information is provided to understand and monitor them.24(10) FairnessThere must prevail a sense of fairness emanating from the decisions of the governing body. The members of the society should feel as equal participants in the society. All persons should be regarded as equals, and certain rights which are considered infrangible to humans must be respected. Discrimination of any kind such as race, color, sex, language, religion, political or other opinion, etc. must not be condoned. Equal opportunity must be given to everyone to break or maintain their well being. At the same time, certain protected sections of the society must be given special attention if there exists a need for the government to help alleviate their economic, social or political standing.CHAPTER 3Good Governance in the Indian place settingLife of the law is not logic, but experience.252 .1 Good Governance late InitiativesThe pre dominant theme in contemporary debate over administrative reforms in India has been the target of achieving objectives under a regime of good governance. This implies a broader outlook towards management of such matters without exclusively restricting it to public administration. It is suggested that this idea stems from the concept of liberalization which places the individual over collective preferences, and the State shrinks to give place to the market that essentials economic efficiency.26The contemporary efforts towards administrative reforms are not directed against an autonomous State, but instead a bureaucracy that is coming to grips with the changing role of the State. The bureaucracy is itself under an attack on account of its inefficiency and also because of its association with a political system which has failed to perform, a system which deprived the citizens of their legitimate rights in decision making for far too long.27 Another striking feature of these reforms is their tendency to be more ideologically oriented than before.This context must therefore be kept in mind while debating over the reform inaugurals in recent times. The change in the context is primarily seen as an induced effect of the demand generated by the peoples struggle to make the government accountable. It is a change spearheaded by the efforts of the people. It is not a deliberate attempt by a charitable government to come clean. Kuldeep Mathur makes an interesting observation that the government while reacting to this demand raised by the people has in fact met with resistance from within its own members.28The Conference of Chief Secretaries on effective and responsive administration in November 1996 gave birth to certain recommendations which were later converted into an Action curriculum by the Department of Administrative Reforms and Public Grievances, which also included cerebrate by the Prime Minister, Cabinet Secretary , Chief Ministers and the Chief Secretaries. The Action designing intends to premiss accountable administration which is effective and speedy in redressing public grievances, empowerment of local bodies, decentralized delivery system, review of laws, transparency and the right to information, code of ethics for civil servants, anti-corruption policies, etc. The central idea coffin nail the action plan seems to be efficiency.29The rally Government had setup the working(a) Group on Right to Information and Promotion of Open and gauze-like Government in 1997, which observed democracy means choice and a sound and informed choice is possible only on the foot of knowledge.It went on to argue that transparency and openness in the functioning of the government shall have a cleansing effect on the operations of public agencies and approvingly quoted the saying that sunlight is the best disinfectant.30In May 1997, at the Conference of Chief Ministers, transparency in the government was discussed and a line issues which provided for an Action Plan for Effective and Responsive government at the Central and State levels, while conceding that the secrecy and lack of openness in transactions had led to widespread corruption. The statement attracted much praise also because it set upon the government 3 months time to ensure easy access to information for the people vis--vis information relating to government activities and decisions, except information which was beautiful in nature. Soon thereafter, political events took over and no progress was made for nearly a decade, much over the 3 month deadline that had been set.31While the Right to Information Act was introduced in 2005, continuous efforts are current to introduce more accountability and transparency in the system. While most of the principles of good governance are found in the Indian legal framework in the form of constitutionally guaranteed safeguards, the governance needs to involve the civil society mor e actively in the decision making and establish the norms of redressal. The lack of transparency, prevalence of corruption, inefficient working and lack of responsiveness continue to be the grey areas.2.2 ConclusionAs a development country emerging as an economic superpower, India needs to get its act right. Without certain optimum standards of efficiency, the principles of good governance cannot be attained. The peoples movement demanding good governance in India co-relates to the growing unrest in the civil society frustrated with the inefficiency and the opaqueness in the system.The only solution was to re-invent the government, and thus started a chain of events which included the passing of the Right to Information Act as recently as 2005. With the Indian economys growth story making headlines, the country has awakened to the need of the hour on its path to development. The insistence of international institutions like the World Bank that developing countries comply with the p rinciples of good governance has only worked to Indias advantage.While some progress has been made, a lot more still needs to be done. Imbibing the principles of good governance shall ensure that India continues to march towards development, while effectively managing its resources and providing the socio-politico-economic rights that the citizens of this country are entitled to. However, just how effective this approach proves to be shall be determined by the result of the civil society which started this reform movement.CHAPTER 3CONCLUSIONThe study of governance opens up new avenues it enables us to wander into intellectual space where we can search for solutions to the problems that have haunted us for far too long. The primeval objective of governance is to discuss the role of the government in grapple with the public issues and to tackle the myriad predicaments and difficulties that arise from these transactions. It teaches us that means must not be the ends, and both the means and the ends must be punctually understood. The study of governance also enables us to effectively factor in the role that must be played by the other players in the arena of governance the role that must be played by the civil society groups and institutions.Governance is an exercise of economic, political and administrative authority for efficiently managing a countrys affairs, at both micro and macro levels, which includes the mechanisms, processes and institutions through which the citizens and civil society groups are able to communicate their interests, make use of their constitutional and legal rights besides meeting their obligations and mediating their differences.32It is not only desirable, but imperative that governance for development be accountable, participatory, responsive, effective and efficient for promoting the rule of law, safeguarding the interests of citizens and marching towards a holistic development.The principles of good governance are a set of prin ciples which have gained popularity in an almost dogmatic sense. The universal pertinence and acceptance of these principles have seen their application reach a new aggrandisement and there is now a global pressure to conform to these plebeian minimum standards of governance. These principles envisage a ride of governance on which the developing countries, which are fast realizing the link between development and efficient governance, seek to fashion their governance on.The driving force behind this changing scenario have been the international institutions pressing for compliance, and the rising peoples movements demanding their legitimate rights to competent governance in an accountable manner. There is a growing sentiment that the convergence over these principles will result in the governments rising above the challenges before them.At the same time, there is caution in the wind. These principles must not be followed as diktats. Their application must be tailored to the speci fic needs of governance, sensitizing them to the local conditions. This is on account of the socio-politico-economic values that are affected by these principles. Their introduction as a localized experience prevents the aberration of the very people who must reap benefits.Practicing these principles of good and just governance results in a free and open society where people can pursue their hopes and dreams in a healthy and conducive environment. Moreover, robust and open economies would follow which can be trusted by the investors and financial institutions alike, and development shall flourish. It is a matter of strengthening what our Constitution endeavored to provide us. Respecting the human rights a fruitful partnership between the government and the civil society efficiency, accountability and transparency in the machinery performance orientation with strategic vision utile use of the human resource base and a strong and independent judiciary together they shall prove to b e the desired shot in the arm for a re-invented and rejuvenated system of governance. The governance needs to be carried out in a manner that invokes trust and confidence, a manner which convinces the citizens the countrys biggest resources to come forward and fully participate in an enterprise to secure the objectives of development and progress.In the light of what has been discussed above, with special focus on the realization to introduce changed governance practices and the increased restlessness amongst the people in India, it is almost as if a new governance philosophy has emerged. Unlike the traditional public administration systems that focused on bureaucracy and the delivery of public services, the governance model envisages public managers as entrepreneurs of a new, leaner and change magnitudely privatized government adapting to the practices and values of private businesses.33The mantra to be followed by the new governance model would be to transform civil services, u nderlining the reforms as means to (a) reorganize and downsize the government, (b) set-up a performance based organization, (c) adopt private sector management practices and (d) get ahead customer-orientation of administration.34For the developing world which is in the grip of serious debt crisis, the World Banks good governance solution with its accompanying micro and macro-accountability formula hold much promise. Institutional capacity building has been the central point of discussion and forwarding of sound development management by removing, as far as possible, the possibilities of capture of benefits by the socially powerful is underway.35There is today an increasing pressure on our political system and the administrative apparatus generated by civil society organizations to share information and make the process of decision-making transparent. There is a shift towards responsive governance. This can be made often feasible only if the mindset of the politicians and the bure aucrats undergoes a change, and they are receptive to the initiative of sharing information as well as power with the people.36

Modernism And Modernisation In Architecture And Culture Philosophy Essay

Modernism And Modernisation In Architecture And Culture Philosophy essayDiscuss the various competing nonions of Modernity, Modernism and Modernisation in computer architecture and coating in the writings of Robert Venturi/Denise Scott Br throw using the writings of Michel Foucault and Jrgen Habermas to incite your discussion.IntroductionTo begin this essay c at oncerned with the issues of Modernity, Modernism and Modernisation, I animadvert it is a necessity to first define the c each(prenominal) Modern, as it associate all three terms.Modern, harmonise to Jrgen Habermas, was first employ in late fifth century in lodge to distinguish the Christian present, from the pagan and Roman past. He argues that Modern can be used whenever the awareness of a new period developed in europium through a change in the relationship to innocent antiquity. For us people today, Habermas thinks recent begins with the Renaissance, however people considered themselves as modern in the age o f Charlemagne in the twelfth century and in the prescience. (Habermas, 1996). Through this Habermas describes the term modern as one, which can be used widely and has no definitive time period, as the concept behind it is based upon ones (or an eras) perception. run acrossHabermas explanation of modern is supported by Vincent Scully, as he explains that Le Corbusiers, a pioneer of Modern architecture, teacher was the Greek temple (Figure 1), incorporateing of an uninvolved body, white and free in the landscape, its rigour clear in the sun. Le Corbusier during his early polemics would have his buildings just as the temple, as time went on his architecture began to progressively more and more incorporate the Greek Temples sculptured and heroic character. (Venturi, 1977) Scullys interpretation on the work of Le Corbusier directly, as Corbusier fashiond a new direct relationship with the classical antiquity of Greek Temples.Michel Foucault, according to Barry Sm fraud, takes a sli ghtly different perspective to Habermas and Scullys interpretations of the term modern, he interprets modern as a placeholder when a more definite verbal description is not known. He goes on to explain that the modern (or present) cannot recognise itself as a period and that if you can outline the characteristics that make up a period is to already be beyond it and has become the past. (Smart, 1994). Foucault an interesting penetration into the modern, as simply a title giving to that which is unclassifiable , the present, and that once you can classify a time period then it is no longer modern and is the past.Modernity1.1 Habermas argues that Modernity is an expression that represents the consciousness of an era that relates back to the past of classical antiquity in order gain itself as the movement from the old to the new. What Habermas called the Unfinished Project aims at a distinguishable reconnection of modern culture with an everyday sphere of the theory return process, w hich is dependent on living(a) heritage. However, the aim of modernism can solely be achieved if the process of neighborly modernisation can be alter into other non-capitalist directions, if the state of the current world is capable of developing institutions of its own way currently withdrawn by the self-ruling system dynamics of the scotch and administrative systems. (Habermas, 1994)Venturi explains that Louis Khans or orthodox modern architects desire for simplicity, is satisfactory, when it is made valid through national complexity. He goes to mention that the doric Temples (Figure 2) simplicity to the mall is achieved through famous subtleties and precision of its distorted geometry and the contradictions and tensions inherent in its order, so it achieves apparent simplicity through real complexity. (Venturi, 1977). Through this Venturis point think directly to Habermas notion of contemporaneity, as he is relating the new Modern architecture desire for simplicity to the simplicity achieved in the old architecture of the Doric Temple, thereby highlighting a transition from the old to new.FigureMichel Foucault takes a different approach from Habermas as he denotes Modernity as something which is characterised by a combination of power/knowledge relations around the content of life, a life that is now possible to master through science. He goes on to argue that the valet races problem does not exactly consist of a fear of destruction through chemical or nuclear pollution, animal species extinction or depletion of natural resources the idea that any malicious power could take over technologies for evil purposes, is only a erroneous illusion to hide a genuine metaphysical anxiety that corresponds with the bid of life. Through this Foucault states that this mastery of life, through science, transforms the living, crushing it. As fence to turning it into a knowledge base upon which could support us, thus making the living being more and more artif icial. (Jose, 1998)Habermas produces a definition of Modernity, which takes a more of social/economical perspective, with his relation between social modernization and capitalism and between the worlds institutions and autonomous economic and administrative systems. On the other top Foucault takes an approach in which he addresses how important the scientific aspect of modernity is and how it has affected out outlook on life as a whole.Figure accord to Habermas, Georg Wilhelm Friedrich Hegel (Figure 3) was the first philosopher to develop a clear arrangement of modernity. With the philosophers that came before him, Hegel located the core of modernity in the principle of subjectivity, which had antecedently been discussed by Kant, who saw subjectivity as the foundation of science, morality and art fields. Hegel argued that since modernity was based on subjectivity and the power of critical reflection, only philosophical reason could achieve the hoped-for reconciliation and overcom e the interrogation of modern subjectivity. This interpretation lead to the articulation of Hegels notion of absolute spirit, which is the down activity of self-discovery, the unconditionally self-productive self-relation, interceding subjectivity and objectivity, nature and spirit, finitude and infinity. (Habermas, 1996, Pg. 6)Modernity and the EnlightenmentDavid Harvey describes Enlightenment design as that which embraced the idea of progression and actively precious that break with history and tradition which modernity adopts. It was a non-religious movement that desire the removal of obscurity and sacredness of knowledge and social organisation in order to free human beings from their chains. (Harvey, 1989).The project of modernity, as referred to by Habermas, came into focus during eighteenth century. This developed an intellectual effort by Enlightenment thinkers to pass in objective science, universal ethics and law, and autonomous art according to their inner logic. The idea behind this was to may use of the knowledge gained by umteen people working freely and creatively in pursuit of human emancipation and the enrichment of daily life.Harvey denotes Enlightenment thought as a thought process which strives to remove the unease about pursuing knowledge and social organisation so that we can remove the chains in our minds, which prevents us from gaining more knowledge. This links into Habermas, where he touches upon a characteristic of Enlightenment thinking, which is to advance and enrich daily life through the gain of more knowledge.According to Habermas, through opposing the classical and the romantic to each other, modernity wished to create its own past in an idealised vision of the Middle Ages. During the nineteenth century the Romanticism produced a radicalised realisation of modernity that detached itself from all previous historical connections and understood itself solely in abstract antagonist to tradition and history as a whole. (Haber mas, 1996) I do not agree with this statement as Habermas contradicts himself as he previously denoted modernity as an expression that representsthe consciousness of an era that refers back to the past of classical antiquity precisely in order to comprehend itself as the offspring of a transition from the old to the new. (Habermas,1996, Pg. 39)With reference to this notion, it would impossible for a fount of modernity to develop that not have historical connections and abstractly opposed tradition and history entirely.Modernity as an daringThe mentality of esthetic modernity began to form with Charles Pierre Baudelaire and with his theory of art, which had been influenced by Edgar Allan Poe. This unfolded in the avant-garde artistic movements and then achieved its peak with surrealism and the Dadaists of the Caf Voltaire. This mentality is characterised by a answer of attitudes, which formed around a new transformed consciousness of time, which expresses itself in the spatial me taphor of the avant-garde. This avant-garde explores the unknown, thereby exposing itself to the risk of sudden and shock encounters, conquering an undetermined future and must find a alley for itself in previously unknown domains. (Habermas, 1996)ModernismModernisationConclusion make sense Word Count

Thursday, March 28, 2019

Relationship Between Christianity and Slavery in America Essay

African-American worshipIt can be assumed that Christianity shaped slave culture in several ways such as developing a coarse bond among slaves. At the some time, it could also be argued that slavery neutered Christianity in various ways including the formation of Methodist and Baptist denominations. However, these were not the sole(prenominal) manners in which both cultures had an effect on each other. pitch-dark converts dramatically increased the number of Christians in the New World. The ideas instilled in slaves by Christianity gave some slaves thoughts of rebellion and influenced African-American music and dance. Not to mention the church service was a major supporter of the proslavery argument which conveyed slavery as a positive thing during the antebellum period of the United States.During the seventeenth and ordinal centuries the majority of slave brought to the new world were young men who were generally not especially religious. Very few Africans had previously obt ained Christian beliefs foregoing to being shipped from Africa to the New World. The majority of slaves were, in fact, followers of...

Compare and contrast Tennysons The Charge of the Light Brigade with Es

Compare and contrast Tennysons The Charge of the unwarranted group withKiplings The Last of the Light Brigade.Tennyson and Kipling both wrote the story of the Light Brigade whofought in the Crimean war, in the appointment of Balaclava. This bookingas wellk place between the English and the Russians in Eastern atomic number 63 onthe 25th October 1854.Lord Alfred Tennyson wrote his poem as well as in 1854, sightly by and by thebattle had ended, and his aim was to build subject pride in thehearts of the English people, and to Honour the charge they made.Tennyson wanted to boost the object lesson of the English people because ofthe Light Brigades defeat. Tennyson wanted to shift the suffer outing ofdefeat, to bingle of heroism, and to show that the Light Brigade were in situation brave to go up against the Jaws of death with wholly six nose candy men.Kipling on the former(a) hand, who wrote his poem in 1891, 37 years afterthe battle had ended, axiom how the Soldiers wer e living in p everyplacety andwanted to devil the public feel guilty for abandoning the soldiers whenthey needed support the most. Kipling wrote the poem as a response toTennysons poem, and refers to Tennyson as being the Master singer.Kipling also tries to shake off a pragmatism on the battle, and how theEnglish were loyal to the soldiers when they were need, just at a time outright thatthe battle is everywhere the broken soldiers returning no weeklong learn theheroic material body the public hold, and so their country no longer cares. In occurrence exposing the publics expressed support to be only shallow lipservice.Tennyson wrote his poem with rigid, rhythmical, and evocativelanguage, and tries to glamorise the Battle, and in doing so, makesthe poem too fanciful.While Kipling on the other hand wrote his poem using... ...their lack of fidelity towards the soldiers.In death I personally find Kiplings poem more effective. I findthis because although Tennyson tries to make people feel a guts ofnational pride, the battle took place because of an error, and theythe English people were massacred. They were brave because they knewthey were committing suicide, but they went anyway. This makes themvery brave, and preferably foolish, but not heroes.On the other hand, Kipling is angry, and stimulate with the Englishpeoples make loyalty because they only needed the soldier when theywere fighting, now the battle is over they are just get in the way.Kipling sheds a reality on the lives of the soldiers now, but sets hispoem out like a story, which is very clever.Kipling only wanted justice to be served, and for the English to turn aroundhow they had treated their Heroes. Compare and contrast Tennysons The Charge of the Light Brigade with EsCompare and contrast Tennysons The Charge of the Light Brigade withKiplings The Last of the Light Brigade.Tennyson and Kipling both wrote the story of the Light Brigade whofought in the Crimean war, in the battle of Balaclava. This battletook place between the English and the Russians in Eastern Europe onthe 25th October 1854.Lord Alfred Tennyson wrote his poem also in 1854, just after thebattle had ended, and his aim was to build national pride in thehearts of the English people, and to Honour the charge they made.Tennyson wanted to boost the moral of the English people because ofthe Light Brigades defeat. Tennyson wanted to change the feeling ofdefeat, to one of heroism, and to show that the Light Brigade were infact brave to go up against the Jaws of death with only sixhundred men.Kipling on the other hand, who wrote his poem in 1891, 37 years afterthe battle had ended, saw how the Soldiers were living in poverty andwanted to make the public feel guilty for abandoning the soldiers whenthey needed support the most. Kipling wrote the poem as a response toTennysons poem, and refers to Tennyson as being the Master singer.Kipling also tries to shed a reality on the battle, and ho w theEnglish were loyal to the soldiers when they were need, but now thatthe battle is over the broken soldiers returning no longer fit theheroic image the public hold, and so their country no longer cares. Infact exposing the publics expressed support to be only shallow lipservice.Tennyson wrote his poem with rigid, rhythmical, and evocativelanguage, and tries to glamorise the Battle, and in doing so, makesthe poem too fanciful.While Kipling on the other hand wrote his poem using... ...their lack of fidelity towards the soldiers.In conclusion I personally find Kiplings poem more effective. I findthis because although Tennyson tries to make people feel a sense ofnational pride, the battle took place because of an error, and theythe English people were massacred. They were brave because they knewthey were committing suicide, but they went anyway. This makes themvery brave, and quite foolish, but not heroes.On the other hand, Kipling is angry, and disgusted with the Englishpeoples fa ke loyalty because they only needed the soldier when theywere fighting, now the battle is over they are just get in the way.Kipling sheds a reality on the lives of the soldiers now, but sets hispoem out like a story, which is very clever.Kipling only wanted justice to be served, and for the English to seehow they had treated their Heroes.

Wednesday, March 27, 2019

The Oppression of Fat People in America Essay -- Obesity Weight Disord

The Oppression of plenteous People in the Statesmany mint see elaborate activists as a bunch of whiners who natest keep their hand step forward of the cookie jar. Kimberly, plentiful activistBeing gamy is one of the most maketizing attributes in America. whizz can non tolerate through a single day without encountering numerous forms of productive parti pris in magazines, on television, in the streets, and even in homes. Erving Goffmans gull delineates three types of brand abominations of the body, blemishes of individual character, and tribal stigma of race, nation and worship (4). According to Goffmans definition, being fat is an abomination of the body. Being fat is a highly visible stigma, unlike the stigma of being beat which does not maintain an outward appearance. According to seek in Womens Conflicts some Eating and sexuality, gamey oppression, the fear and shame of fat population, trunk one of the few acceptable prejudices still held by early(a)wi se forward-looking persons (Meadow 132). In fact, race are obsessed with noticing fat, not getting fat, and pointing out to people that they are fat without hesitation. Unlike other stigmas, fat people are blamed for their condition. Society believes that if fat people really wanted to they could just lose weight and be for good thin. Fat is not the problem, rather fat oppression endorsed and reinforced by society is the problem.Ive made a conscious choice to phthisis the give-and-take fat in this paper Ive already employ the word fat ten times in the first paragraph. The word fat and fat itself have negative connotations in our culture, the reasons for which I leave explore in my paper, as well as the way people are instituting convinced(p) ideological changes about fat. I use to have a dense time using fat t... ...way Books, 1999.Meadow, Rosalyn M., and Lillie Weiss. Womens Conflicts About Eating and Sexuality The Relationship Between Food and Sex. New York Harrington common land Press, 1992. Muoz, Jos Esteban. Disidentifications Queers of Color and the performance of Politics. Minneapolis U of Minnesota, 1999.NAAFA Online. National Association to Advance Fat Acceptance. Online. Internet. 2 Dec. 2000. lendable http//www.naafa.orgOrbach, Susie. Fat is a Feminist Issuethe Anti-Diet engineer to Permanent weight Loss. New York Paddington Press, 1978.Solovay, Sondra. Tipping the Scales of Justice Fighting Weight ground Discrimination. New York Prometheus Books, 2000.Wann, Marilyn. FatSo?. Berkeley Ten Speed Press, 1998.Works ConsultedNadius, Beverly. One Size Does non Fit All. Littleton, CO Aigis Publications, 1993. The Oppression of Fat People in America Essay -- Obesity Weight DisordThe Oppression of Fat People in AmericaMany people see fat activists as a bunch of whiners who cant keep their hand out of the cookie jar. Kimberly, fat activistBeing fat is one of the most stigmatizing attributes in America. One cannot live through a single day without encountering numerous forms of fat prejudice in magazines, on television, in the streets, and even in homes. Erving Goffmans Stigma delineates three types of stigma abominations of the body, blemishes of individual character, and tribal stigma of race, nation and religion (4). According to Goffmans definition, being fat is an abomination of the body. Being fat is a highly visible stigma, unlike the stigma of being queer which does not have an outward appearance. According to research in Womens Conflicts About Eating and Sexuality, Fat oppression, the fear and hatred of fat people, remains one of the few acceptable prejudices still held by otherwise progressive persons (Meadow 132). In fact, people are obsessed with noticing fat, not getting fat, and pointing out to people that they are fat without hesitation. Unlike other stigmas, fat people are blamed for their condition. Society believes that if fat people really wanted to they could just lose weight and be p ermanently thin. Fat is not the problem, rather fat oppression endorsed and reinforced by society is the problem.Ive made a conscious choice to use the word fat in this paper Ive already used the word fat ten times in the first paragraph. The word fat and fat itself have negative connotations in our culture, the reasons for which I will explore in my paper, as well as the way people are instituting positive ideological changes about fat. I use to have a hard time using fat t... ...way Books, 1999.Meadow, Rosalyn M., and Lillie Weiss. Womens Conflicts About Eating and Sexuality The Relationship Between Food and Sex. New York Harrington Park Press, 1992. Muoz, Jos Esteban. Disidentifications Queers of Color and the Performance of Politics. Minneapolis U of Minnesota, 1999.NAAFA Online. National Association to Advance Fat Acceptance. Online. Internet. 2 Dec. 2000. Available http//www.naafa.orgOrbach, Susie. Fat is a Feminist Issuethe Anti-Diet Guide to Permanent Weight Loss. New York Paddington Press, 1978.Solovay, Sondra. Tipping the Scales of Justice Fighting Weight Based Discrimination. New York Prometheus Books, 2000.Wann, Marilyn. FatSo?. Berkeley Ten Speed Press, 1998.Works ConsultedNadius, Beverly. One Size Does Not Fit All. Littleton, CO Aigis Publications, 1993.

Impact Of Television Violence In Relation To Juvenile Delinquency :: TV Violence Television Cause Essays

When children argon taught how to tie their shoes, it is because of howtheir parents showed them. When children are taught how to do math problems itis because how their t severallyers show them. With all of the role models how doestelevision affect our children?Many adults regain that because they watched television when they wereyoung and they have not been negatively affected so their children should notbe affected as well. What we must first pull ahead is that television today isdifferent than television of the past, violence is more prevalent in todaysprogramming unlike the true family programming of the past.EFFECTS OF video - THE BEGINNINGQuestions about the effectuate of television violence have been well-nighsince the beginning of television. The first mention of a concern abouttelevisions effects upon our children can be found in galore(postnominal) Congressionalhearings as early as the fifties. For example, the United States Senate Committeeon Juvenile crime held a series of hearings during 1954-55 on the impactof television programs on novel crime. These hearings were only the beginningof continuing congressional investigations by this committee and others from the1950s to the present.In addition to the congressional hearings begun in the 1950s, there aremany reports that have been written which include National mission on theCauses and saloon of Violence (Baker & Ball, 1969) Surgeon GeneralsScientific Advisory Committee on video recording and Social Behavior (1972) thereport on children and television drama by the Group for the Advancement ofPsychiatry (1982) National Institute of Mental Health, picture and BehaviorReport (NIMH, 1982 Pearl, Bouthilet, & Lazar, 1982) National Research Council(1993), violence report and reports from the American PsychologicalAssociations Task Force on Television and Society (Huston, et al., 1992) andCommission on Violence and Youth (American Psychological Association, 1992Donnerstein, Slaby, & Eron, 19 92). All of these reports agree with each otherabout the harmful effects of television violence in relation to the behavior ofchildren, youth, and adults who view violent programming.The only thing that we inhabit about the effects of exposure to violenceand the relationship towards juvenile offense we gather from correlational,experimental and field studies that demonstrate the effects of this viewing onthe attitudes and behavior of children and adults.Children begin watching television at a real early age, sometimes asearly as six months, and are intense viewers by the time that they are two orthree years old. In most cases the amount of televised viewing becomes greatwith age and then tapers off during adolescence. ). The violence that is viewed

Tuesday, March 26, 2019

Failures of Capital Punishment Essay -- essays papers

Failures of Capital penalisationIs the cobblers last penalty a just way of punishing those who ease up a horrible crime? The answer to that depends on the standpoint of an individual. bemuse Butterfield of the New York Times notices that In the view of some, the failure to enforce the wipeout penalty reflects and enduring ambivalence roughly the capital penalisation. Others say that the goal penalty opponents have found ways to triumph over the cosmos provide to carry out executions. In a capitalistic standpoint, there is the notion that it simply costs alike much. There is an some other and to a great extent simple standpoint and that is that the finale penalty is not working. This is where I in person stand on the issue. The death penalty is a just punishment for a convicted individual, but the system in the United States is not public presentation properly for it to be a means of punishment. As far as deterrence goes, Amnesty international states that studies have consistently failed to find win over evidence that the death penalty deters crime more effectively than other punishments. Roger Hood, an author that wrote The terminal Penalty A World-wide Perspective, Notes the UNs research on the subject and states that Research has failed to provide scientific proof that executions have greater deterrent effect than life imprisonment and such proof is improbable forthcoming. The evidence as a whole still gives no cocksure support to the deterrent hypothesis. Hood is strongly for the abolition of the death penalty. He explains that abolition has harmful effects. In Canada, the homicide rate per 100,000 population deteriorate from a peak of 3.09 in 1975, the year before the abolition of the death penalty for murder, to 2.41 in 1980, and since then it has remained relat... ...bolish the death penalty. The cost issue is another(prenominal) standpoint opposing capital punishment. The fact that the capital punishment butt against has some maj or flaws is a good reason to think about whether or not America should incorporate it as a punishment. Sure, umteen people are for the idea if it, but there are too many legal issues and problems that are defeating the purpose if the death penalty. Richard Dieter, director of the Death Penalty Information Center, an anti-death penalty group, claims that the zeal for capital punishment will eventually wane. Once Americans realize that the capital punishment system is not perfectly functional, then change will occur. The bottleneck in the courts and jails crossways the country will be cleared, and the United States of America will be added to Amnesty Internationals list of countries that have abolished the death penalty.