Friday, September 6, 2019
Letters of Credit Essay Example for Free
Letters of Credit Essay The use of the letter of credit in international trade has for a long time been an easy way of carrying out business operations without really having to use the credit of the applicantââ¬â¢s bank. Letters of credit usually take the place of a bankââ¬â¢s credit and enhances the speed of transactions when used properly.[1] Usually, the letter of credit serves to give an importer of goods as well as the exporter a chance to go a head with their business transactions even when there is no real liquid money available to either party. Letters of credit, however, present very many challenges to both the exporter and the issuing bank because they are usually documents that cannot be revoked under certain circumstances and so exposes some players to a lot of risk. A key concern has been the nature of the conditions that ought to be met before such documents can be honored by the exporterââ¬â¢s bank which usually has to rely on information from the importerââ¬â¢s bank.[2] It is on the basis of the intricate issues that surround the letter of credit and its use that this paper seeks to critically discuss it especially when used in the context of international trade. Of particular interest, though, is a discussion of the undue exposure to losses and other risks on the issuer of the letter of credit, particularly in instances when the applicant or beneficiary of the letter of credit does not duly perform oneââ¬â¢s obligations or wrongfully obtains payment. The Working of a Letter of Credit From a business point of view, it is usually very important for an importer of goods and who holds an account with a local bank to seek for the financing of the bank for goods that are to be sourced from another country.[3] The reasons this is appropriate range from an ability to facilitate the business transactions and ensure a faster and timely transfer of the goods from the exporterââ¬â¢s location to that of the importer, and to reduce the costs that could be incurred in having to use other means of payment to pay for goods in another country ââ¬â means of which are not always available. Therefore, from the business point of view, a letter of credit serves to enhance the general business transactions involving international trade. Where the challenge comes in is that point when it is never drawn or requested unless there is some form of credit that needs to be transferred. Actually, the letter of credit is used as an exchange of the credit of the bank and that of the buyer. Here, issues of compliance with the terms and conditions of the letter of credit poses many challenges and risks to the issuing bank as well as the advising bank which literally transfers the credit to the exporterââ¬â¢s account. This results because of the manner in which the transactions are conducted. First, an importer in the United Kingdom orders for coffee beans from a farmer in Brazil. The farmer insists that the coffee beans can only be exported or ferried on condition that the payment for them is paid within forty days from the time the transaction is entered into. The UK importer cannot get to Brazil to make the payments but there is a way that the exporterââ¬â¢s bank can communicate with the importer so that the credit can be transferred. However, the buyer does not want any undue risks so he does not offer cash to his bank but asks for a letter of credit to be drafted with the Brazilian coffee exporter as the beneficiary. The UK bank makes an arrangement with this importer and because he satisfies the conditions required, the bank drafts a letter of credits and transfers it to the beneficiaryââ¬â¢s bank in Brazil. That advising bank then verifies the details of and terms of the letter of credit and duly pays the exporter. Once this is done, it is all to the exporter to ship the coffee beans to the UK. Only then can the advising bank (the exporterââ¬â¢s bank) be able to seek for the payment for the goods in accordance with the terms and conditions of the letter of credit. As can be clearly seen, there are so many processes involved and it all boils down to four main players who are bound to lose or benefit. There are the bank of the exporter, the bank of the importer, the exporter and the importer. Commercial Letter of Credit and Standby Letter of Credit It is always important to draw a distinction between two types of letters of credit commonly used in international trade and to ascertain the roles each plays towards enhancing payments for imports by a customer.[4] The commercial letter of credit is the most widely used and its use is restricted to the actual exchange of credit on behalf of the customer of a bank. It is the commercial letter of credit that will be needed by the advising bank or the exporterââ¬â¢s bank in order to effect payments. However, owing to the risks to the issuing bank regarding defaulting on the part of the importer who is also its customer, the issuing bank usually drafts and issues another letter of credit for the purposes of proving the credit worthiness of the importer. This particular letter of credit, therefore, serves the function of guaranteeing the advising bank and the exporter that the importer will actually pay for the goods. This reduces the risks inherent in international trade.[5] Based on this fact, it can be fairly argued that an issuer of the commercial letter of credit will be protected significantly in the event of failure by the beneficiary to adhere to the terms and conditions of the letter of credit. To a significant level, having the standby letter of credit protects the issuer because it cannot be allowed to pursue the property of the importer and recover the money; or it can fail to pass the money to the advising bank. In accordance to the UCP provisions, the banks are protected only mildly when it comes to failure by trader to honor their part of the contract regarding payments to be submitted. For instance, the UCP never really form part of the official international trade rules and are only applicable when the parties to the trade deal believe it is right for them. The absence of a clear law, therefore, that emphatically seeks to help issuers of letters of credit means that they are exposed to many risks. The law in this country regarding international trade in general and letters of credit in particular tend to offer protection to consumers more than the issuer of the letters of credit. It is almost always believed that banks have the right and the capacity to set up their own terms and conditions which they believe are sufficient enough to protect them from any acts of fraud by traders; and as such not a lot of protection is offered them under the law. International trade law will also protect the local bank and not the foreign bank, meaning that in the event the local bank, which is the issuer of the letter of credit, has already passed on the money to the advising bank, then there is little that can be done to recover the money especially in cases where the trader fails to honor the obligations to pay the bank due to bankruptcy or any other reason. This is because the law on bankruptcy protects the importer from the actions of banks that can lead to further legal battles. If such an importer files for bankruptcy during the period when the goods are yet to be delivered to him, then there is nothing the bank can do to recover its money.[6] A person declared bankrupt is protected from his debtors until at such a time when the bankruptcy can be lifted. This clearly renders the issuer of the letter of credit to such a trader incapable of recovering its owed monies. [1] Campbell, Dennis. REMEDIES FOR INTERNATIONAL SELLERS OF GOODS [2008] Volume II. Lulu.com, 2008 [2] Edwards, George. Foreign Commercial Credits; A Study in the Financing of Foreign Trade. General Books LLC, 2009 [3] Great Britain. Law Commission. Company security interests: a consultative report. Routledge, 2005 [4] Credit research Foundation. ââ¬Å"Understanding and Using Letters of Credit, Part Iâ⬠(1999). Retrieved 08/16/2010 from: http://www.crfonline.org/orc/cro/cro-9-1.html [5] Warner, Susan. The Letter of Credit. Kessinger Publishing, 2007 [6] LLL. ââ¬Å"U.C.C. ARTICLE 5 LETTERS OF CREDIT .â⬠(2005). http://www.law.cornell.edu/ucc/5/article5.htm
Implications of Postmodernism Essay Example for Free
Implications of Postmodernism Essay Postmodernism can be referred to as an aesthetic, political, literary or social philosophy, which lays a foundation with an attempt to explain a state or condition of something which is concerned with changes in the worldly institutions and conditions. Postmodernism over time has emerged as a field of academic study in various disciplines such as sociology, communications, music, literature, architecture, fashion, technology e. t. c. It is much revealed well on looking into modernism. Therefore postmodern can be seen to be a period before the invention of the modern technology e. g. the use of computers, radios, mobile phones, televisions and internet services. Thus it follows most of the modernism ideas as it is the one that born up the modernism through acceptance of flexibility and self consciousness, discontinuity and fragmentation, simultaneity, and great emphasizes on destructured and dehumanized subject. Implications of Postmodernism in Real World In many cases postmodernism does not lament the ideas of fragmentation, incoherence and provisionality and by so it views the world being meaningless and thus it influences this thought to individuals especially the learners and this finally leads to disrespect of the world e. g. through destruction and misuse in various ways. Postmodernism contains cultural formations which usually accompany major important life stages such as capitalism. These stages allow usage of variety of practices which postmodernism dictates upon the type of procedures to be followed. For instance it follows market capitalism, this is associated with technological developments like steam engines, the monopoly capitalism, which is associated with improved technology e. g. use of electric and internal combustion engines. Finally it incorporates the multinational or consumer capitalism which is associated with electronic and nuclear technologies and in addition to these this stage also majors on marketing, selling and consumption of commodities. Postmodernism does not produce originals only that it does the copying therefore in it there is no that original value, therefore it just creates a virtual reality which is a result of simulation. In addition postmodernism is mostly concerned with questions of organizational knowledge, but this knowledge is usually narrative as contrasted to science of the modernism. Therefore this knowledge is limited, primitive and irrational because it is only stores and Lesley distributed. Therefore postmodernism can be viewed the established dichotomies that separates the production processes from consumption processes, leisure from work , economies from cultures, socially gendered categories and biological categories,symbolic from functions ,domestic from global realness e. t. c . In this description thus it shows that the prediction of earlier social orders of various cultural experiences is in these dichotomies which has led to witnessing of the major fundamental societal changes. References Featherstone, M. (1991). Consumer culture and postmodernism. Sage Publications, London: Newbury Park http://www. colorado. edu/English/courses/ENGL2012Klages/pomo. html http://www. wikipedia. org/wiki/Postmodernism Woods, Tim, B. (1999). Postmodernism. Manchester: Manchester University Press.
Thursday, September 5, 2019
Employers Obligations for Employee Health and Safety
Employers Obligations for Employee Health and Safety To what extent is the employer obliged to exercise care for the health and safety of the employee while performing his or her duties? Is the current position in this regard satisfactory? Introduction The obligations of the employer for health and safety have undergone an interesting development on both the common law and statutory sides of legal regulation. This paper will examine the current extent of obligations for employers towards the health and safety of their employees while they are carrying out their work duties. This current position will then be analysed in order to determine whether it is satisfactory. A. Current Health and Safety Obligations of the employer to the employee 1.The Common Law The common law duty of care[1] translates into an implied term of the contract and in the case of Wilsons and Clyde Coal Co v English[2] the House of Lords identified three key areas in which this implied duty lies: (a)Competent Staff An employer will be liable if they do not provide their employees with sufficient training. This occurred in Hawkins v Ross Castings Ltd[3] where an employee sustained an injury as a result of a spillage of molten metal at the fault of a seventeen year old colleague who possessed only a rudimentary standard of English. Another facet to the heading of competent staff is the actual behaviour of the employees whereby, acts of mischief or ââ¬Ëlarking aroundââ¬â¢ can be of a particular danger as occurred in Hudson v Ridge Manufacturing Co Ltd.[4] (b) Safe Plant and Equipment An employer is obliged to provide safe equipment and this even applies where there was no knowledge of there being a fault. This is a departure from the traditional common law perspective but is not a new measure as it into effect with the passing of the Employerââ¬â¢s Liability (Defective Equipment) Act of 1969. Here all faults in equipment to be attributable to the employer where a third party has been negligent and in order to meet the financial needs of this obligation, insurance is obligatory for such actions in accordance with the Employerââ¬â¢s Liability (Compulsory Insurance) Act 1969. In the interests of fairness, the employer and/or the insurance company can then sue the manufacturer. (c) Safe System of Work This obligation is twofold whereby the employer must, firstly, tell the employees of the location of safety equipment[5] and secondly, the employer has the right to assume that the employee possesses a degree of common sense with the result that there is no obligation to warn of dangers that are obvious such as the hitting of an unexploded bomb with a hammer[6] or running in the corridor to obtain lunch.[7] This highlights the fact that the employer must find a balance between the obvious and the not so obvious safety measures where there would be an obligation to inform the employee of risks and the proper procedures. Employees may make a decision not to take certain precautions, but if the risk is obvious, their employer will not be liable[8], however despite any conscious choice on the part of the employee, a risk that is not obvious will always rest with the employer[9]. This standard is ideal as it rightly presupposes the authority of the employer and their superior knowledge bu t at the same time, also acknowledges personal autonomy of employees for which the employer should not be held liable. A further and more recent application of the safe system of work is that the employer must refrain from requiring that the employee work excessively long hours[10] and cause unnecessary levels of stress[11] that arise on account of insufficient staffing and the even more serious occurrence of bullying in the work place.[12] This gave rise to an innovation in liability for the psychological injury that employees could sustain and in this era of greater pressure in the work place, it would have been a far more applicable head of claim to a greater number of employees than that of the traditional doctrine of liability for physical injury alone. However two recent cases on this matter gave rise first of all, limitation and then outright exclusion of heads of claim concerning stress in the work place. The earlier limitation arose in Sutherland v Hatton[13] in which it was held by the Court of Appeal that there had to be ââ¬Ëplain indications of impending harmââ¬â¢ that would arise f rom the stress. This is part of a traditional acceptance that there has to be a balance between the likelihood of the injury occurring and the cost to the employer of protecting his employees.[14] In the latter case of Barber (Appellant) v. Somerset County Council (Respondents)[15] involved a teacher suffering from stress and the House of Lords rejected the notion of an employerââ¬â¢s duty of care. Lord Scott of Foscote stated that: ââ¬Å"The school is entitled to expect, also, that the teacher, an adult, will take his own decisions as to whether he needs to consult his doctor and will, if so advised by his doctor, take time offâ⬠¦[16]â⬠(d) Safe Place of Work Since the decision of the Wilsons and Clyde Coal Co case, there is a fourth area to which the applied duty of care is attributable and this is the provision of a safe place of work. There are three key areas where the employer must exercise a reasonable standard of care. This constituted the obligation to provide an adequate reporting system.[17] More recently, this has the potential to extend to instances of long term injury such as passive smoking as it was established that employees have a right not to work in a smoky environment in Waltons and Morse v Dorrington[18] and this would constitute a step in the right direction. A question now arises as to how far this duty ought to extend. 2.Statutory Duties The Health and Safety at Work Act 1974 is the key legislative authority for the obligations of employers to their employees and its aim is twofold. 1. The provision of a general duty of care In the first place the 1974 Act sets out the general duties that are applicable to the entire employment spectrum and this standard is found in s 2(1) of the 1974 Act, which is as follows: ââ¬Å"It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare of all his employees.â⬠Further to this there are also more specific obligations laid throughout s 2 of the Act, which encompass ââ¬Ëthe provision and maintenance of plant and systems of work so that they are safe and without risk to healthââ¬â¢.[19] There is also provision on, ââ¬Ëthe handling, storage and transport of articles and substances[20]ââ¬â¢ as well as, ââ¬Ëprovision of information, instructions, training and supervision.[21]ââ¬â¢ Finally s 2 of the 1974 Act also has provision on: ââ¬Å"The maintenance of places of work under the employerââ¬â¢s control in a safe condition with safe and risk free means of access and egress.[22]â⬠and ââ¬Å"The provision and maintenance of a safe, risk-free working environment with adequate welfare facilities and arrangements.[23]â⬠The crucial element of these provisions is that the standard of care stipulated is for the employer to act is, ââ¬Ëas far as is reasonably practicable.ââ¬â¢ This standard carries with it the obligation for employers to do everything reasonable that would ensure safety and the provisions go far to show that this encompasses many fields such as training, inspections and the availability of safety equipment. The emphasis of the Robens Report was therefore largely met with there being a statutory framework that requires employers to actively think about the measures they are taking. 2. Provision of a unified system of enforcement by the Health and Safety Executive and the various local authorities. The second aim of the 1974 Act is as a system of enforcement and this is largely carried out by the Health and Safety inspectorate but paradoxically, no one can, in accordance with s 47 of the 1974 Act, raise a civil action under the duties imposed by the 1974 Act. While this results in a fundamental questioning of the usefulness of the 1974 Act, it does highlight the fact that this legislation is exclusively an Act for professional enforceability. The rights of recourse for employees are therefore in accordance with the standard duties of care that are found under the law of tort.[24] More specifically, actions can be raised in relation to industrial accidents, personal injury, injuries arising out of the course of employment and some statutory obligations. However, it is the Act itself that specifics the standard of care to be adopted by employers when their employees are carrying out their employment duties. In addition, the 1974 Act creates a premise for criminal liability, which of course carries higher penalties as well as an employerââ¬â¢s burden of proof, as opposed to the burden of the plaintiff in civil actions. 2. Interpretation of the standard of care of the 1974 Act in case law Interpretation of the standard under case law is essentially analysis of the way in which the courts have dealt with the crucial phrase, ââ¬Ëso far as is reasonably practicable.ââ¬â¢ Case law shows that the reasonable practicability of a given situation can cover areas such as financial viability of the health and safety measure as against the risk of injury. This is similar to the balance that requires to be sought under the common law, with the equivalent 1974 Act case being that of Associated Diaries v Hartley.[25] Here an employee sustained an injury as a result of a truck going over his foot. The safety shoes would have cost him à £1 per week but decided not to use them and his argument that they should have been provided for free failed on account of the fact that they would have cost the employer à £20,000. This balance is perfectly sound but the 1974 Act is not equipped to deal with instances of stress at work on account of the fact that civil actions cannot be raised via its provisions. B. Is this position satisfactory? 1. Possible faults with the common law It is extremely disappointing that the House of Lords has rejected the concept of a duty of care for stress as there is a great deal that employers can do to relieve stress levels and, as with the balance that has been achieved between the cost of health and safety and the likelihood of injury, the equivalent would be more than approachable for stress situations. This does not bode well for other types of innovations such as The common law does however acknowledge that a duty of care also extends beyond the work place where the employee continues to act within their duties of employment. This is seen in the case of King v Smith and Another[26] where, in the event of inadequate on-site facilities, it is up to the employer to find a suitable solution. 2. Faults with the 1974 Act The current issue with the current Health and Safety legislation is that it is becoming outdated and is much in need of reform in order to cope with new kinds of dangers that were not such a going concern in 1974. This specifically refers to the ever increasing circumstances of stress related injury that would be wholly out-with the competence of the Health and Safety Inspectorate. However as a result of Barber v Somerset County Council, such an argument would not hold strength unless the legislative were to decide to override the common law doctrine and create a statutory obligation for employers against employee stress. Conclusion Both the common law and the statutory framework are equally satisfactory in terms of their ability to tackle cases of negligence where there has been physical injury caused to the employee on account of the negligence of the employer. However, the express exclusion of liability for stress, as well as the impracticability of the Health and Safety inspectorate to even attempt to assist in safeguarding against stress is a concern of great magnitude. The conclusion of Lord Foscote in the case of Barber v Somerset County Council was wrong as the question of choosing to be a teacher or a doctor is an overly romanticised image of a picââ¬â¢ n mix employeeââ¬â¢s market with readily available jobs. Further to this, it should never become an accepted condition of our society that unhealthy stress should be an integral to working life for which there can be no legal recourse. Bibliography Legislation Health and Safety at Work Act 1974 Case Law Donoghue v Stevenson [1932] AC 562 Wilsons and Clyde Coal Co v English [1938] AC 57 Hawkins v Ross Castings Ltd [1970] 1 All ER 180 Hudson v Ridge Manufacturing Co Ltd [1957] 2 QB 348 Finch v Telegraph Construction Maintenance Co Ltd [1949] 1 All ER 452 Oââ¬â¢Reilly v National Rail [1966] 1 All ER 499 Lazarus v Firestone Tyre and Rubber Co Ltd (1963) The Times 2 May Qualcast (Wolverhampton) Ltd v Haynes [1959] AC 743 Berry v Stone Maganese Marine Ltd (1971) 12 KIR 13 Johnstone v Bloombury Area Health Authority [1991] ICR 269 Walker v Northumberland County Council [1995] IRLR 35 Ratcliffe v Dorset County Council [1978] IRLR 191. Waters v Commissioner for the Police of the Metropolis [2000] IRLR 720 Sutherland v Hatton [2002] EWCA Civ 76 Stokes v Guest, Keen Nettleford (Bolts Nuts) Ltd [1968] 1 WLR 1776 Barber v Somerset County Council [2004] UKHL 13 Franklin v Edmonton Corporation (1966) 109 SJ 876 Waltons and Morse v Dorrington [1997] IRLR 488 Associated Diaries v Hartley [1979] IRLR 171 King v Smith and Another (1994) The Times 3 November. General Cleaning Contractors v Christmas [1953] AC 180 Text Book Publications D.Brodie, ââ¬Å"Health and Safetyâ⬠(Oxford University Press, 2004) H.Collins, K.D.Ewing A.McColgan, ââ¬ËLabour Law:Text and Materials (Oxford: Hart Publishing, 2001) Smith and Woods ââ¬ËIndustrial Lawââ¬â¢ (Butterworths, 8th edn, 2003) R.W.Painter and A.Holmes, Cases and Materials on Employment Law, (Oxford University Press 5th edition, 2004) Articles D Brodie ââ¬ËTrust and Confidence and Barber v Somerset County Council: Some further Questionsââ¬â¢ (224) 33 ILJ 261 1 Footnotes [1] Donoghue v Stevenson [1932] AC 562 [2] [1938] AC 57 [3] [1970] 1 All ER 180 [4] [1957] 2 QB 348 [5] See Finch v Telegraph Construction Maintenance Co Ltd [1949] 1 All ER 452 [6] Oââ¬â¢Reilly v National Rail [1966] 1 All ER 499 [7] Lazarus v Firestone Tyre and Rubber Co Ltd (1963) The Times 2 May [8] See Qualcast (Wolverhampton) Ltd v Haynes [1959] AC 743 [9] See Berry v Stone Maganese Marine Ltd (1971) 12 KIR 13 [10] Johnstone v Bloombury Area Health Authority [1991] ICR 269 [11] Walker v Northumberland County Council [1995] IRLR 35 [12] See Ratcliffe v Dorset County Council [1978] IRLR 191. See also Waters v Commissioner for the Police of the Metropolis [2000] IRLR 720, which involved tormenting within the police force after the failure to take seriously an allegation of sexual assault. [13] [2002] EWCA Civ 76 [14] For an in depth analysis of this balance, see Stokes v Guest, Keen Nettleford (Bolts Nuts) Ltd [1968] 1 WLR 1776 per Swanwick J at pp 1779-1783 [15] [2004] UKHL 13. For commentary see D Brodie ââ¬ËTrust and Confidence and Barber v Somerset County Council: Some further Questionsââ¬â¢ (224) 33 ILJ 261 [16] ibid per Lord Foscote at paragraph 14 [17] Franklin v Edmonton Corporation (1966) 109 SJ 876 [18] [1997] IRLR 488 [19] 1974 Act s 2(2)(a) [20] 1974 Act s 2(2)(b) [21] 1974 Act s 2(2)(c) [22] 1974 Act s 2(2)(d) [23] 1974 Act s 2(2)(e) [24] For the birth of the neighbour principle, see Donoghue v Stevenson [1932] AC 562. [25] [1979] IRLR 171 [26] (1994) The Times 3 November. This case followed the older case of General Cleaning Contractors v Christmas [1953] AC 180
Wednesday, September 4, 2019
Searching for Meaning in Shakespeareââ¬â¢s Tempest :: Tempest essays
Searching for Meaning in Shakespeareââ¬â¢s Tempest à à à à à à à à Shakespeare lived and wrote in the Elizabethan age, a time when his society was branching out and making itself known throughout the world by colonizing other cultures. Great Britain was reaching for new heights of power. In the play Shakespeare questions the value of this new concept of British imperialism. The Tempest is called Shakespeare's American play, because he calls into question England's right to colonize other nations, much as American colonists did with America 200 years later. à à à à à à à à The Tempestà was Shakespeare's last play. For his entire life he had written plays to please the Queen. For this play it appears he made a controversial statement by challenging the values of his Queen and his country. à à à à à à à à Evidence of this is abundant in the play. The story rotates around the fact that Prospero, a European noble, had imposed himself on an island, already inhabited. Prospero is depicted as a worthy man, who was usurped from his throne. The reader has automatic sympathy for the character. This allows him more leeway for wrong doing by creating room for it within the reader's mind. Prospero came to the island with his daughter to find it already inhabited by two savages. Upon arrival, Prospero brought his ââ¬Å"newâ⬠ideas with him, and began to force them upon these two savages, Sycorax and Caliban. He believed that his new ideas were better, such as slavery opposed to freedom, which he imposed on Caliban. à à à à à à à à à à à à à à à ââ¬Å"Dull thing, I say so; he, that Caliban, à à à à à à à à à à à à à à Whom now I keep in my service.â⬠à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à (Act. I, Sc. II, Ln. 285,6) à This view of whose ideas were better is an obvious matter of opinion, one of the biggest drawbacks to transforming old ideas into new. à à à à à à à à Prospero was the first male that Caliban had seen in his life. As a ââ¬Å" lower beingâ⬠Caliban worshipped and praised Prospero, as the quote below shows, until Prospero began to mistreat him. à à à à à à à à à à à à à à à à ââ¬Å"I know it by thy trembling: now Prosper works upon theeâ⬠à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à (Act II, Sc. II, Ln. 81-3) à à à à à à à à This worship caused Prospero to act as a ruler above him, eventually pushing him to be the tyrant over Caliban, including robbing Caliban of his freedom. Keeping within his worship, Caliban lost his self-confidence and any drive for good deeds. Because Prospero had imposed himself upon Caliban, Caliban's life began to decline. Without drive, or freedom for that matter, Caliban turned to a vegetable only working as a slave to Prospero. Again, the act of asserting that your ideas are superior can cause indelible harm to the Searching for Meaning in Shakespeareââ¬â¢s Tempest :: Tempest essays Searching for Meaning in Shakespeareââ¬â¢s Tempest à à à à à à à à Shakespeare lived and wrote in the Elizabethan age, a time when his society was branching out and making itself known throughout the world by colonizing other cultures. Great Britain was reaching for new heights of power. In the play Shakespeare questions the value of this new concept of British imperialism. The Tempest is called Shakespeare's American play, because he calls into question England's right to colonize other nations, much as American colonists did with America 200 years later. à à à à à à à à The Tempestà was Shakespeare's last play. For his entire life he had written plays to please the Queen. For this play it appears he made a controversial statement by challenging the values of his Queen and his country. à à à à à à à à Evidence of this is abundant in the play. The story rotates around the fact that Prospero, a European noble, had imposed himself on an island, already inhabited. Prospero is depicted as a worthy man, who was usurped from his throne. The reader has automatic sympathy for the character. This allows him more leeway for wrong doing by creating room for it within the reader's mind. Prospero came to the island with his daughter to find it already inhabited by two savages. Upon arrival, Prospero brought his ââ¬Å"newâ⬠ideas with him, and began to force them upon these two savages, Sycorax and Caliban. He believed that his new ideas were better, such as slavery opposed to freedom, which he imposed on Caliban. à à à à à à à à à à à à à à à ââ¬Å"Dull thing, I say so; he, that Caliban, à à à à à à à à à à à à à à Whom now I keep in my service.â⬠à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à (Act. I, Sc. II, Ln. 285,6) à This view of whose ideas were better is an obvious matter of opinion, one of the biggest drawbacks to transforming old ideas into new. à à à à à à à à Prospero was the first male that Caliban had seen in his life. As a ââ¬Å" lower beingâ⬠Caliban worshipped and praised Prospero, as the quote below shows, until Prospero began to mistreat him. à à à à à à à à à à à à à à à à ââ¬Å"I know it by thy trembling: now Prosper works upon theeâ⬠à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à (Act II, Sc. II, Ln. 81-3) à à à à à à à à This worship caused Prospero to act as a ruler above him, eventually pushing him to be the tyrant over Caliban, including robbing Caliban of his freedom. Keeping within his worship, Caliban lost his self-confidence and any drive for good deeds. Because Prospero had imposed himself upon Caliban, Caliban's life began to decline. Without drive, or freedom for that matter, Caliban turned to a vegetable only working as a slave to Prospero. Again, the act of asserting that your ideas are superior can cause indelible harm to the
Tuesday, September 3, 2019
The Causes of Self Hatred and How to Combat It :: Essays Papers
The Causes of Self Hatred and How to Combat It Every other ethnic background seems to stand up for itself and demand respect when it is being discriminated against. If we look back over the history of this country we will find group after group that defend their rights. Groups that do not want to be portrayed in a negative light within the culture and groups that insist upon compensation for what Americans and the American society has done to them. Why, then, when we look at Italian Americans, do we tend to see a group of people who in effect renounce who they are and do not embrace their heritage? There are many reasons for this quite common denouncement. The first is an attempt to assimilate. ââ¬Å"By 1930, more than 4.5 million Italians had entered the United States,â⬠; that is, a third of the population left Italy within the fifty years leading up to 1930 (Mangione 33). These Italians immigrated to this country with the hope that they would find food, jobs and financial security. Instead, they found, often times, worse conditions than they had left behind in Italy. This humungous population was the largest immigration from any one country to ever enter the United States. These people were in need and when they arrived they were ready to work and to earn their wages, which could lead to comfort and happiness. They came in hopes of finding ââ¬Å"the American dream.â⬠As a whole, this group was not looking for handouts, but merely for opportunities. Unfortunately, they were met with opposition. As the History Channelââ¬â¢s documentary on Italian Americans states, Italians were told that in America they would find ââ¬Å"streets paved with gold, only to arrive and realize they had to dig the streets.â⬠So, these immigrants picked up shovels and went to work. But they quickly found opposition to their efforts. The Irish, who had come a few years prior to the Italians, did not appreciate the Italiansââ¬â¢ willingness to perform hard labor jobs for small wages. The Irish began to feel threatened and soon a rivalry rose between the two groups. This was unfortunate, for both groups, because they were both primarily Catholic. But, this common ground became a divider and not a connector between the two groups.
Monday, September 2, 2019
The Task :: essays research papers
It was a quiet afternoon so crudely interrupted by a knock at the door. A messenger had come with a letter. I took the letter and began reading. It was from my father. The old man was ill and had requested my immediate presence. I gathered my things and mounted my best horse. à à à à à I arrived at my fathers house before nightfall and was let in by one of his illustrious maids. Her name was Margarette`. She had been tending to my father for many years now. A tall, young lady yet always bleak and deteriorating. She led me strait to his chamber which was filled with the aroma of medicines and ails. The physician was also present as were a few maids. Upon seeing my arrival the old man made a weak attempt to sit up, coughing as though his lungs were filled with smoke from a thousand chimneys, and motioned for me to come closer. It was painful for me to see my once strong, cunning and seemingly invincible father in this state. In his youth, his strength had equaled ten men but now he had been reduced to a thin and withering, pale, old man. I greeted him warmly, hiding my true feelings of disgust and immorality. à à à à à My father instructed all to leave us and began talk of death nearing him. My father was not a poor man and had said to be leaving a greater portion of his wealth to me and the rest being divided amongst the maids and my sister who after marriage had moved to Spain. However before the fortune was upon me I would have to complete a taskââ¬âto kill the one man who had wronged my father. The old man instructed me to take a key from his neck and open his personal drawer with it. From there I would take his prized dagger and use it to slay my fathers adversary. The jewel was wrapped in fine cloth and was not to be opened until I face my enemy in combat. My father spoke of great evil that was in the heart of this beast and only that dagger which had been soaked in his own blood could destroy him. He bid me be careful and keen with my task as this man wore a mask of kindness that I should not fall under. à à à à à Automatically I dispersed my fathers warnings, questioning his sanity and left to retire before my journey.
Sunday, September 1, 2019
The portrait of a real man in modern society
The portrait ofa real man in modern society Life has always made great demands on man and these demands change unrecognizably as years go by. For instance, all that was required of a primitive man was the ability to hunt well, whereas modern people have to combine different complicated roles. We live in a dynamically developing world where everything Is planned down to the minute. All the systems of todays society function together and men are just ââ¬Å"cogs in the machineâ⬠. And yet these ââ¬Å"cogsâ⬠must be flexible, intelligent and active. But on the other hand, our lifestyle offers some benefits as well.For example, meeting numerous challenges gives you the sense of achievement and raises your self-esteem. But If our world today Is so diverse, Is there a unified Image of the real man? This question troubles many people and a great number of them try to find an answer to it. To my mind, one of the most valuable qualities today is intelligence, which allows one to ful fil one's duties, get and analyse information and come up with effective solutions. But Intelligence alone Isn't enough to make a successful person. creativity and Imagination are quite Important qualltles ppreciated by todays employers.In such a highly-developed world as ours man should be capable of inventing new methods of doing routine things. That's why discovering your talents Is becoming more vital nowadays than ever before. Having an activity that you are good at can brighten up your life and, what's more, protect you from all the temptations which can attract idlers so much. Furthermore, they say, ââ¬Å"A sound mind in sound body'. That's why all the qualities listed above are Inseparable from physical fitness. Many people nowadays attend gyms or work out by hemselves In order to stay fit and healthy.Another pastime which Is gaining popularity is extreme sports. Daring people go in for mountaineering, surfing, bungee jumping or other risky activities to see how far their l imits may go. However, this tendency isnt as admirable as It may seem, for many people put their lives at risk lust to fill the emptiness In their souls or minds with adrenaline. Speaking frankly, I'd rather they took up something useful for the society instead. Everybody knows that our world today is full of problems ââ¬â global and local, major and minor, and people ith an active life position cant but think about the poor, the homeless and the disabled.The majority of us have understood the importance of charity, volunteer work and fighting against such social evils as alcoholism and drug addiction. To sum up, a real man should possess all the qualities which I have mentioned. In my opinion, one of the examples ofa real man of the 21 st century is Chulpan Khamatova, a gifted actress whose talent Is unique and lustrous. She Is also known for her unprecedented social activity which draws public attention to the problems of children with cancer.In the year 2006 Chulpan became a co-founder of a charity fund ââ¬Å"Gift of lifeâ⬠which helps children suffering from oncological diseases. She manages to find time for charity work although the actress's profession Is extremely hard and , besides, she has three children of her own to take care of. Of course, not everyone can live up to todays expectations and it has always been a hard task to meet the demands of the society. No one is perfect, but we can try to develop all tnese good qualltles In ourselves, as ellow once put It, ââ¬Å"All are arcnltects 0T Fate working in these walls of Timeâ⬠¦ ââ¬Å"
Subscribe to:
Posts (Atom)