Tuesday, January 21, 2020

Essay --

1. Operational Strengths and Weaknesses a. Horizontal Analysis This type of analysis compares the percent and amount of changes from year to year. The analysis is performed on both the income statement and balance sheet to detect trends and identify any issues. This can be a very useful analysis especially when more than two years of data is available. With this analysis and various others a good understanding of how the company is operating can be seen. Revenue Section The income statement shows both strengths and weaknesses. There is a jump in net sales from year 6 to year 7 by 33%; this is a substantial increase for the company and strength. In year eight compared to year seven, the company has seen a decrease in net sales by 15%. Net sales show to be rather unstable and a possible source of weakness as well. The reduction in revenue is ultimately due to the current economic situations; which could be attributed to funding cuts by sponsors for some of the riders. This kind of up and down in net sales may be common for the company over the years to come. The company should also consider having a product to balance this out. Since their main source of sales is a specialty item it would benefit the company to have additional products that are more main stream to even out sales in the future. However, unit sales will most likely stay below year sevens high of 4,342,000, it is expected that unit sales will increase over the next three years to make up for its decline in year eight. Cost of good sold has moved with the net sales, which is a positive note. This means the company is not spending more on products than sales allow, and purchasing is projecting accurately. However, there may be opportunity for the company to reduce the ... ...to reduce interest can help increase this ratio, as well as increasing sales. Overall all in the ratio analysis the company has several areas of strengths and several areas of weakness. It would benefit the company to reduce their expenses and increase sales to improve these numbers over time. The company is also struggling to keep up with competitors in several areas, and much of that could be combated with increased sales and better expense control. 2. Working Capital Currently Competition Bike Inc. working capital is positive. The company has more assets than they do liabilities. The company has seen a decrease in their assets in the last year but the company’s liabilities have also decreased. The company’s working capital ratio has remained around 2.1 for the last three years. This is very positive for the company, a ratio between 1.2 to 2.0 is recommended.

Sunday, January 12, 2020

Obscenity Law

The vague, subjective, and indeterminate nature of Canadian obscenity law has been called â€Å"the most muddled law in Canada. † Recognizing that consistency and objectivity are important aspects in the running of any successful legal system, the Supreme Court of Canada has attempted to systematically clarify and modernize obscenity law. The ruling in R. v. Butler marked the transformation of the law of obscenity from a â€Å"moral-based† offence to a â€Å"harm-based† offence. The courts are now asked to determine, as best they can, what the community will tolerate others being exposed to, on the basis of the degree of harm that may flow from such exposure. Harm, in this context, means the predisposition to antisocial conduct. When probing beyond superficial appearances, it is clear that the modernizing moves made by the Canadian judiciary, in introducing the community standard of harm test to enforce obscenity law, are mere rhetorical covers for the continued protection of conventional morality. The determination of â€Å"community standards† is left primarily to the subjective judgment and hunches of criminal justice personnel. In this context, the standard to which obscenity laws are based can be uncertain and ill defined, making it very difficult to ensure consistency in the application of the obscenity law and to ask the public to abide by standards that are not clearly demarcated in the first place. This is a disturbing state of affairs for any criminal offense. This essay will firstly demarcate the roles in which judges currently play in deciding upon the nature of crime. Secondly, with the use of previous rulings on obscenity by the Supreme Court of Canada, the evolution of Canadian obscenity law will be analyzed. Thirdly, the involvement of the community standard of tolerance within the current obscenity definition will be flagged as prejudiced against non-mainstream minority representations of sex and sexuality. Fourthly, the Butler decision will be analyzed within the gay and lesbian context. Finally, the three inherent flaws of the current Butler definition of obscenity will be discussed; the vague definition of harm, the problematic categorization of â€Å"degrading and dehumanizing sex† and the overemphasis placed on heterosexual norms. The current roles in which judges play in deciding upon the nature of crime. Frey v. Fedoruk (1950), a decision made by the Supreme Court of Canada, is iewed as a very successful step in the courts’ quest for objectivity. This supposed milestone case marked the end of the courts’ ability to invent new crimes at common law and essentially appointed ultimate power of the Criminal Code to the federal government. Frey was accused of peeping into the window of a changing woman. The courts recognized that peeping was clearly morally objectionable, but the Court also noted that peeping was â€Å"not otherwise criminal and not falling within any category of offences defined by the Criminal Law. It went on further to say that â€Å"if any course of conduct is now to be declared criminal, which has not up to the present time been so regarded, such declaration should be made by Parliament and not by the Courts. â€Å"[i] This case essentially set the precedent that no person could be charged with an offence that was not previously stipulated in the Criminal Code. This case illustrates an evident shift in regards to the role judges play in the justice system; however, it is questionable if this shift is as substantial as originally perceived. Something that is often forgotten by those who stress the sovereign aspect of the criminal law is that Parliament does not have direct control over the enforcement of their own texts. Judges cannot directly contradict or invent new laws, but they can endlessly reinterpret them. Furthermore, in interpreting the criminal law, judges do not have control over the way in which fellow criminal justice personnel will reinterpret their interpretations. For example, due to the vagaries involved in Justice Sopinka’s ruling in R. v. Butler, criminal justice personnel have been given discretionary power that has resulted in the differential and unlawful targeting of gay and lesbian pornographic material. In arguing for judicial objectivity, one could argue that judges are only allowed to interpret law in accordance the intention of Parliament when the section was enacted or amended. Judges cannot adopt the shift in purpose doctrine, which was explicitly rejected in R. v. Big M Drug Mart Ltd. [ii]† However, in order to avoid running a foul of the shifting purpose argument, judges can use vague and indeterminate language that will only require the need for reinterpretation in the future and further the use of judicial subjectivity. When interpretations are required it opens the doors to the, subconscious or conscious, implementation of subjective standards of morality by judges or riminal justice personnel. Essentially different judges will interpret the law in different ways, which stresses the importance for clarification and specification within the Criminal Code. It has also been argued that the decision in Frey v. Fedoruk allows for citizens to know in advance if they are committing a crime. As seen in the Butler case, many laws in the Criminal Code continue to be vague and indeterminate, requiring the need for judicial interpretations. The vagaries of the obscenity law allow judges, police and customs officers, to interpret the law in a way that may encompass material or actions that were not specifically stipulated under the law itself. The evolution of Canadian obscenity law: Upon examination of the progression of Canadian obscenity law it is clear that the modernized obscenity law remains riddled with some of the same problems inherent to its predecessors. The law of obscenity in Canada has its roots in English law. The 1868 decision of the House of Lords in R. v. Hicklin was the leading case and set out a test for obscenity. In upholding an order for the destruction of a publication, Chief Justice Cockburn declared, â€Å"I think the test of obscenity is this, whether the tendency of the matter charged as obscenity is to deprave and corrupt those whose minds are open to such immoral influences, and into whose hands a publication of this sort may fall. â€Å"[1] This definition had been criticized for its disregard of serious purpose or artistic merit in the impugned material and for its excessive dependence on subjective speculations made on the part of the trier of fact. This was the test used in Canada until the Criminal Code was amended in 1959 to include a definition of obscenity as â€Å"the undue exploitation of sex, or of sex and any one or more of crime, horror, cruelty and violence. † Canadian courts then shifted their focus from the proper application of the Hicklin test to the understanding of how the â€Å"undue exploitation of sex† is to be recognized. Brodie was the first obscenity appeal to come before the Supreme Court of Canada following the amendment. Judson J. , during his explication of this ection, was conscious of the criticism that had been leveled against the Hicklin test and was subsequently trying to avoid its downfalls. Judson J. expressed the view, in light of the amendment, † that all the jurisprudence under the Hicklin definition is rendered obsolete† and that the new definition gave the Court â€Å"an opportunity to apply tests which have some certainty of meaning and are capable of objective a pplication, which do not so much depend as before upon the idiosyncrasies and sensitivities of the tribunal of fact, whether judge or jury†[2] . Two tests were purposed throughout the trial that were thought capable of objectively recognizing the â€Å"undue† exploitations of sex. The first test focused on the â€Å"internal necessities† of the work in question. The second test was â€Å" the community standard test. † He recognizes that community standards may vary from time to time, but held that there is a general instinctive standard of decency, which prevails in any given community. What is obscene is material that offend that standard. The development of the jurisprudence post-Brodie had elaborated upon this notion of â€Å" community standard. â€Å"It has been said to be: a general average of community thinking and feeling; a national standard; one where judges are entitled to judge for themselves, without expert evidence, when this standard has been exceeded. † However, a substantial development in the test for obscenity occurred in the Supreme Court of Canada’s decision in Towne C inema Theatres Ltd. v. The Queen. [3] In this decision, the court stated that the â€Å"community standard of tolerance† is only one way in which the exploitation of sex can be determined â€Å"undue. The Court recognized the imperfections of society and the subsequent possibility that the community could tolerate publications that cause harm to members of society. The court went on to say that â€Å" even if, at certain times, there is a coincidence between what is not tolerated and what is harmful to society, there is no necessary connection between these two concepts. † [4] Thus, the legal definition of â€Å" undue† was made to encompass publications that were harmful to members of society and consequently society as a whole. Material was deemed harmful if it portrayed persons in a â€Å"degrading or dehumanizing† way. Obscenity also continued to be assessed against â€Å" community standards. † This test was concerned, not with what Canadians would tolerate being exposed to themselves, but what they would tolerate other Canadians being exposed to. It was a test concerned itself with tolerance and not taste. R. v. Butler- the current definition of obscenity. The Supreme Court of Canada made its definitive decision in R. v. Butler. The case of R. v. Butler concerned the constitutionality of the obscenity provisions (now s. 63) of the Criminal Code of Canada. The provisions were under consideration on the grounds that they infringed upon a guaranteed right to freedom of expression under s. 2(b) of the Canadian Charter of Rights and Freedoms. The case is monumental in determining whether, and to what extent, Parliament can justifiably criminalize obscenity. On appeal to the Supreme Court of Canada, the following constitutional questions were raised: 1. Does s. 163 of the Criminal Code violate s. 2(b) of the Charter? 2. If s. 163 of the Criminal Code violates s. 2(b) of the Charter . Can s. 163 of the Criminal be demonstrably justified under s. 1 of the Charter as a reasonable limit prescribed by law? Before answering the main constitutional questions, Justice Sopinka, writing for the majority, firstly attempted to clarify and interpret what the impugned legislation was intended to signify. In deciding what constitutes the â€Å"undue† exploitation of sex, the court examined the three workable tests used in past cases of obscenity: the â€Å" community standard test†; the degrading or dehumanizing† test; and the â€Å" internal necessities test. The review of this jurisprudence showed that the relationship between each of the three tests failed to be clear or specific. Sopinka divided pornography into three categorie s: 1) explicit sex with violence; 2) explicit sex without violence but which subjects people to treatment that is degrading or dehumanizing; 3) explicit sex that is without violence and is neither degrading or dehumanizing. Sopinka used these three categories as the guidelines in determining what constitutes the undue exploitation of sex. Sopinka essentially merged the community standard of tolerance test together with the harm principle. The courts now need to figure out what the community would tolerate others being exposed to on the basis of the degree of â€Å"harm† that may flow from such exposure. Harm, in this context, signifies material that would predispose viewers to antisocial conduct. The first category of pornography was found to always constitute the undue exploitation of sex, the second category of pornography was found to sometimes constitute the undue exploitation of sex and the third category generally did not qualify to be the undue exploitation of sex. [5] Problems with the Community Standard of Tolerance test: It has been suggested that the modern obscenity test, the merger of the community standard of tolerance test and the harm principle, is liberal relative to its predecessor (the Hicklin test). On the surface it seems to draw on the more liberal attitudes of contemporary society about sexual representation and has the flexibility to evolve with the changing norms of communities through time. However, it cannot be forgotten that the community standard test of harm is delineated on the standards held by the majority, enforcing only the majority’s view of what is harmful and obscene. The imposition of majority views on other members of society is seen as the most serious threat to liberty in a democratic state, and seems to contradict the multicultural dogma that is representative of Canadian society. Subsuming a majority analysis into the definition of obscenity, unavoidably creates prejudice against non-mainstream minority representations of sex and sexuality. Usually, the tolerance level of a community is difficult to measure, requiring the courts to essentially guess as to how much â€Å"harm† a community as a whole would tolerate. It was held that evidence of community standards is desirable, but not essential. The lack of proof for a community standard furthers the vulnerability of minority groups. Fundamentally, judges can provide the court with a fictional interpretation of a community’s standard of tolerance. No matter how honest such an interpretation could be, it runs the risk of being false without the judge having to formally justify his/her findings. The community standard of tolerance of any given community, Professor Richard Moon says in regards to the Butler ruling, is â€Å"judicial subjectivity (value judgment) simply dressed up in the objective garb of ommunity standards†. [6] Furthermore, community standards only make sense in relations to a prevailing, and generally accepted understanding of sexual morality, in which some sex is good and some is not. Not withstanding the court’s best efforts to cast the objective of the law as the prevention of harm, particularly of harm towards women, the underlying sexual morality and the exclusive focus on heterosexu al relationships shapes the way in which the s. 163 is applied throughout the criminal justice system. It is within the context of gay and lesbian materials that the distinction between morality and harm is most difficult to sustain†, and that we can most clearly see the extent to which obscenity laws are still predicated on the legal regulation of sexual morality. Butler decision in the gay and lesbian context: The Littler Sisters Case: Throughout his judgment, Sopinka J. provides an implicit message for the need to protect females against male violence. A common thread woven throughout out many heterosexual relations is the idea of an aggressive and powerful male and a passive and subordinate female. Therefore, Sopinka J. ’s understanding of harm is set in a heterosexual framework. Gay and lesbian sexual representations are not produced within the heterosexual framework of the more mainstream pornography to which the Butler decision addressed itself. Realistically speaking, how would men watching pictures of men having sex with men, contribute to the type of harm to women identified in Butler? However, these gay and lesbian sexual representations of sexuality have been targeted, charged and found guilty pursuant to the â€Å"modernized† Butler test for obscenity. The gay and lesbian community have argued, â€Å"that gay or lesbian sexual representations have absolutely nothing to do with the harm towards women associated with heterosexual pornography. â€Å" (quote red book . pg 128 ) Interestingly, Carl Stychin, has contended, that the sexually explicit images of gay male pornography do not reinforce patriarchal male sexuality, but rather directly challenge dominant constructs of masculinity by displacing the heterosexual norm. (quote) It would seem warranted to suggest that since gay and lesbian sexual epresentations do not operate within a heterosexual framework, that these images cannot and should not be measured against a heterosexual norm. The constitutionality of provisions located under the Canadian Customs Act, who operate in accordance to Butler’s definition of obscenity, was questioned, in the context of gay and lesbian culture, in the Supreme Court of Canada’s decision in Little Sisters Book and Art Emporium v. Can ada. This case was the culmination of several instances where customs officials had unlawfully targeted gay and lesbian sexually explicit materials. Little Sisters Book and Art Emporium carried a specialized inventory catering to the gay and lesbian community. The store imported 80 to 90 percent of its erotica from the United States. Consequently, the vast majority of their erotica was susceptible to Customs censorship powers. Code 9956(a) of Schedule VII of the Customs Tariff prohibits the importation of â€Å"books, printed paper, drawings, paintings, prints, photographs or representations of any kind that . . . re deemed to be obscene under subsection 163(8) of the Criminal Code†. (quote little sister) The Supreme Court of Canada did acknowledge the fact that Customs officials had subjected the appellant to differential treatment when compared to importers of heterosexually explicit material. The treatment was dismissive of the â€Å" appellants’ charter rights under s. 15 (1) of the Charter as they were not given the equal â€Å"benefit of a fair and open customs procedure. † However, the source of the s. 5(1) Charter violation was not identified as the customs legislation itself, since there is nothing on the face of the Customs legislation or in its necessary effects, which contemplates or encourages differential treatment based on sexual orientation. The unlawful differential treatment had been made at the administrative level in the implementation of the legislation. The court held that â€Å"Parliament is entitled to proceed on the basis that its enactments will be applied constitutionally by the public service. As stated by the Court, â€Å"The fact that a regulatory power lies unexercised provides no basis in attacking the validity of the statute that conferred it. † The Court held that the Customs legislation infringes s. 2(b) of the Charter, with exception of the reverse onus provision in s. 152(3) of the Customs Act. However, the legislation constituted a reasonable limit prescribed by law, justified under s. 1 of the Charter. The court trusted Customs to identify and implement the needed changes, and the burden of monitoring compliance was left to future litigations. quote Osgood hall law journal) Thus, the majority absolved Parliament of any constitutional obligation to ameliorate this obviously flawed legislative regime of border censorship. By upholding the legislation, and simultaneously affirming the differential treatment unfairly imposed on Little Sisters Book and Art Emporium by Customs, the Court has projected itself as the defender of sexual pluralism and has not done enough to reduce the likely risk that over-censorship will reoccur. Vague conception of Harm It has been shown, most specifically in the case of Frey v. Fedoruck, that the Supreme Court of Canada has been trying to limit the power of appointed judges and consequently reserve the power over the Criminal Code for Parliament. In the Little Sisters case the Court admittedly held that â€Å"A large measure of discretion is granted in the administration of the Act, from the level of the Customs official up to the Minister, but it is well established that such discretion must be exercised in accordance with the Charter†. Ideally, all criminal justice personnel should exercise discretionary power in accordance to the Charter, but whether done mistakenly or purposely this is not always the case, which has historically given reason to the clarification or amendments of the law. Since criminal justice personnel are only human, and prone to error, the use of safeguards within the criminal code, in the form of clear and definite laws, is necessary to protect against judicial subjectivity. The majority opinion in the Butler case, includes validation of Littler Sister’s struggles and denunciates Custom’s discriminatory and excessive censorship practices. Although the ruling did include positive sentiments, it ignored the possibility that the law had something to do with Custom’s failures. The Court disproportionately blames the acts of individual custom officers, or those functioning at the administrative level in the implementation of the legislation, for the over-censorship of gay and lesbian material. However, the faulty administration of the discretionary powers conferred on officials by the Act can be a symptom of the underlying root problem: the vague community standard of harm test for obscenity. The Court defended their inaction on â€Å"the fact that the face of the Customs legislation or in its necessary effects, does not contemplates or encourages differential treatment based on sexual orientation†. Regardless of how promising a law looks on paper if it lacks consistency and objectivity in its application and demonstrates significant procedural deficiencies it should be brought into question. On a supposed quest for objectivity, Sopinka held that there should be a shift in focus from morality to harm when testing for obscenity. Harm, in this case, was defined as the risk of â€Å"anti social behavior,† (ie the mistreatment of women). â€Å"Anti-social conduct for this purpose is conduct which society formally recognizes as incompatible with its proper functioning. †[iii] Although the Supreme Court has provided us a fair amount of guidance on how the issue of obscenity is to be dealt with, it has provided a rather ambiguous concept of harm that continues to give appointed judges, and in this case Customs officers, a fair amount of discretionary power and opens the doors to subjective standards of morality. The ambiguous conception of harm has already posed problems in regards to enforcement. For example, obscenity laws have adversely affected those importing gay or lesbian erotica in comparison to other individuals importing comparable publications of heterosexual nature. [iv] Being a piece of legislation that admittedly violates our right to freedom of expression, one would think that s. 163 would be held to a higher standard of clarity. Since the definition of harm is relatively vague it can unfairly persecute the gay community, holding gay pornography to a lower standard of tolerance than heterosexual pornography. During Sopinka’s Charter analysis, he goes on to say that there is no need for proof of harm or evidence of a causative link between the obscene material and the feared social harm. This is because social harm is so difficult to prove or measure. On the one hand such a finding could be welcomed since the court has developed a test that is sympathetic to the inequality and oppression of women. However, on the other hand this loose standard of evidentiary burden, which the government must satisfy in order to justify its infringement of freedom of expression, together with a rather ambiguous definition of harm, raises the critical question as to what types of materials will be targeted. It is very important for the criminal code to be subject to a standard of heightened clarity and transparency (more so than the Charter), so that citizens can know in advance if they are committing a crime. Studies on the causal link between pornography and attitudinal harm: In the case of R. v. Butler, when deciding the second constitutional question (s. 1 analysis), Sopinka held that the prevention of harm likely to arise from the distribution of certain obscene materials constitute a sufficiently â€Å"pressing and substantial† objective to warrant some limitations on s. 2(b) of the Charter. Sopinka made clear that while parliament cannot impose subjective standards of sexual morality it can impose the morality of the majority when it coincides with the morality of the charter. This can be done to maintain values integral to a democratic society. In terms of proportionally, there are three aspects. Firstly, it was asked whether there was a rational connection between the impugned measures and the objective. The courts held that it is reasonable to assume a causal relationship between the exposure to obscene material and the risk of negative attitudinal changes (i. e. harm) in the absence of concrete proof. Secondly, Sopinka found that there was minimal impairment of the right to freedom of expression as the legislation aims only to restrict material that poses a risk of harm to society. Furthermore, material that has artistic merit will not be criminalized. Finally, the court found that there was a proper balance made between the effects of the limited measures and the legislative objective. It was found that the limits placed on the right to freedom of expression was not outweighed by the important legislative objective that was aimed at avoiding harm. Thus, the Court held that the prohibition against pornography contravenes the freedom of expression guarantee in section 2(b) of the Charter, but went on to hold that the section could be demonstrably justified under section 1 of the Charter as a reasonable limit prescribed by law. The section 1 issues raised in the Littler Sisters case related to the substance of the obscenity prohibition and the procedures by which it is enforced. The former had been fully articulated and defended by the Court in the Butler ruling, so it was not surprising that the challenge to the content of the obscenity standard itself failed. The degree to which Sopinka J defended the constitutionality of s. 163 and thus the s. 1 analysis raised by the regime f Customs censorship on the avoidance of attitudinal harm is disproportionate in comparison to the likelihood that such harm actually exists. It is very difficult to find any proof that pornography can be the cause of attitudinal harm amongst its viewers. There have been two attempts and potential sources of such proof: statistical evidence and experimental evidence. Statistical evidence attempts to show a correlation between the prevalence of pornography and the incidence of violent crime. Statistical evidence has been unable to establish a causal link between pornography and violence. Some research has purported to show that many rapists report having had little exposure to pornographic material. Furthermore as technology has become increasingly sophisticated in recent years, there has been a dramatic increase in the availability of pornography over the internet. Despite growing concerns, it has been proven extremely difficult to censor or detect the distribution of â€Å"obscene† pornographic material. Despite the probable increase in access to â€Å"obscene† material, the rate of sexual assault has not increased significantly more than those of other forms of crime. Experimental studies have come the closest in claiming a causal link between violence and pornography. Some work has shown that, under laboratory conditions, there may be a measurable relationship between aggressive behavior and exposure to aggressive pornography. However, such experiments are inherently artificial, as the circumstances are essentially fabricated. Therefore the findings in these experiments cannot be directly transferable from the laboratory into the real world, where inhibitions and public scrutiny affect social behavior. Furthermore, not all studies focus on the negative effects of pornography on viewer’s social behavior. Some support the theory that pornography can serve as a safety mechanism, allowing its viewers to satisfy aggressive impulses in a non violent way. This theory, along with the theory that pornography induces aggression, has been discredited and remains improvable. Although discredited, such a theory remains equally as plausible as the theory endorsed throughout the Butler case: that pornography induces attitudinal harm. It is unclear as to why obscenity should be defined almost exclusively around the prevention of something that could be complete fiction. In the absence of conclusive scientific evidence, it could be argued that s. 163 represents and arbitrary infringement upon our freedom of expression. It is difficult to see how the court deemed the objective of the law to be â€Å"pressing and substantial† in the absence of demonstrable proof and in the presence of empty assumptions. In the absence of proof of harm, whether material is obscene becomes a matter of faith and not evidence. Such an ambiguous definition of harm can be understood as a disingenuous effort by the court to decide what the impugned legislation was intended to mean. It could be argued that Justice Sopinka was instead formulating his judgment in regards to what he thinks the legislation should mean now. â€Å"The appellant argued that to accept the objective of the provision as being related to the harm associated with obscenity would be to adopt the shift in purpose doctrine which was explicitly rejected in R. v. Big M Drug Mart Ltd. † [v]Sopinka argues that the original purpose remains as it was in 1959: â€Å"protection of harm caused by obscene material. However, when the legislation was first enacted, it was concerned primarily with the corruption of morals and not precisely the victimization of women. Such a vague definition of harm allows the courts to justify the infringement of a Charter right on the basis of a different argument of the time and not on the basis of why the law was created in the first place. Overemphasis placed on the protection of women The obscenity test in Butler, who adversely effected the Customs Act, seems to further reinforce women’s marginalized role as crime victims as well as men’s repugnant roles as crime perpetrators. Although this ruling is meant to essentially promote equality amongst men and women, it seems as though it has completely ignored the hardships existent in same sex relationships. Throughout this judgment Sopinka provides an implicit message for the need to protect females against male violence. After such an emphasis has been placed on the protection of women, and in the absence of conventional or homophobic morality displayed by custom officers, it is questionable as to whether s. 163 would allow pornographic material portraying explicit sex and violence against men to escape criminality. Although it is very important for the law to apply equally to all citizens, as stated in s. 15(2) of the Charter it is not unconstitutional to take affirmative action to help previously disadvantaged groups such a women. In reality women run the risk, more so then men, to be victimized because of pornography. Victims of sexually based offences are disproportionately female in comparison to male. However, the types of harm that can be aggravated by obscenity, discussed throughout the Butler case, can exist in all types of human relationships regardless of sexual orientation or the individuals involved. Gays and lesbian relationships are susceptible to the same physical, sexual and mental abuse in much the same ways that heterosexual relationships do. This in essence shows that the judgment was based primarily on heterosexual norms, running the risk of ignoring other possible victims of obscenity. It is this lack of recognition of homosexuals within the leading interpretation of the obscenity law that can either cause the over-censorship or under-censorship of homosexual material, both being equally problematic to the homosexual community. Problematic categorization: In an effort to further clarify the obscenity provisions in the Criminal Code Sopinka devised a three-tier categorization of pornographic material. Sopinka concluded that material that fell within the second category of; â€Å"explicit sex without violence but which subjects people to treatment that is degrading or dehumanizing† could be considered undue. The categorization of â€Å"degrading and dehumanizing† is elusive and vulnerable to subjective or even discriminatory evaluations. The flexibility provided in the second category can be translated into inconsistencies within the legal process. Providing a category that â€Å"could† be viewed as obscene seems to dilute what was meant to be an objective guideline to be followed when testing for obscenity. The selling of material that falls within the second category is essentially equivalent to gambling since there is no certainty as to whether the selling of such material would or would not constitute a criminal offence. One could argue that the sellers of the questionable material could themselves determine the standard of tolerance of a community in determining whether the material that they are selling is obscene. However, one person’s interpretation of what the community would tolerate might be radically different from that of the courts’. â€Å" The potential subjectivity is suppose to be reined in by reference to â€Å" community standards of tolerance†. (ossgood) Since judges determine this standard on their own, in the absence of proof of such a standard, it is hard to see how they will act as a legitimate constrain of judicial subjectivity. What the current obscenity definition has trouble demarcating in obscenity as a narrow category of sexually explicit material. To remedy this situation it would have been beneficial to introduce additional categories of pornography that were more specific and detailed than the ones currently offered. Additional categories would force the court to specify what material in the second category would and would not pose a substantial risk of harm. This would have further objectified the test for obscenity because the discretion of individual trial judges would be reduced when it came to dealing with pornographic material falling within the second category. Judges and other criminal justice personnel would be required to sort material in the devised categories instead of deciding independently what they feel the community would tolerate on the basis of harm. This would also seem to provide the general population with a better understanding of lawful vs. unlawful pornographic material. Implicit to Sopinka’s categorization of pornographic material is the idea that there is a distinct difference between soft porn and hard porn when it omes to what will cause social harm. Sopinka holds throughout his judgment that the objective of s. 163 is to provide protection against what could cause the â€Å" abject and servile victimization† of women. He is assuming that the dissemination of soft porn will not pose the same risk of social harm to women as the categories of explicit sex with violence or explicit sex that is degrading or dehumanizing. However, any pornographic representation of women can be considered to be a systematic ob jectification. As Justice Gonthier wrote for the dissent of the Butler case, â€Å"even if the content is not as such objectionable†¦. the manner in which the material is presented may turn it from innocuous to socially harmful. †[vi] Both soft porn and hard porn (all three categories) could thus contribute to women’s subordination and inequality in society. It is clear that Sopinka’s test for obscenity does not necessarily lock up with its purpose of protecting women from antisocial behavior and inequalities and could serve as evidence of an appeal to conventional standards of sexual morality. Modest and restrained depictions of sexual activity were permitted in accordance to an implicit hierarchy of conventional moral values and not on the basis of harm. (does that make sense? ) The â€Å"internal necessities test† can also be questioned in terms of Sopinka’s harm based obscenity test. Pornographic representation found in art and literature can be just as harmful as what is found in, what is now understood to be, pornography. Therefore, it seems as though material that could be dehumanizing and degrading and thus cause significant social harm could pass the test for obscenity devised by the court. By not leaving behind the view that representations of sex are bad if not redeemed by art or some other higher social purpose, the definition of obscenity remains vague and open ended. The Customs administration of the obscenity prohibition at the border and the general over-censorship of homosexual pornographic material, confirm that the Butler definition of obscenity is open to multiple interpretations and makes room for the affirmations of old prejudices. In the Littler Sisters ruling, the Court denied that these problems existed, and instead relied upon an idealized portrait of the community standard test that will llegedly force criminal justice personnel towards judicial objectivity. It has been proven that the community standard test is based primarily on the views of the majority and does not necessarily constitute a â€Å"guarantee of tolerance for minority expression†. In actuality society, while becoming more liberal, is still deeply entrenched with prejudices again st minorities especially throughout the criminal justice system, stressing the need for clear and definitive language used within the Criminal Code and court process.

Saturday, January 4, 2020

Pornography And Its Effects On The Status Of Society

The term pornography refers to any written, visual, or spoken material containing the explicit description or display of sexual organs or activity, intended to stimulate erotic rather than aesthetic or emotional feelings. Pornography is a way of creating a bedroom fantasy to groups of people. They can help or harm a relationship that you have with your significant other. Many times porn is a stress reliever to some people. People find porn as a way to enhance their sexual experiences. But in finding people tend to say that pornography is harmful and helpful. It is depending on the relationship, influence, and self-esteem inside of a person. First, everyone has been in a sexual relationship with someone over the years. The media has a huge impact on the status of these relationships. What you see in movies and on television is a realistic depiction of a relationship. Many times these relationships are not what they are depicted to be. Significant gender differences included that men viewed pornography more than women, that men approved of pornography more than women, that women who viewed pornography were viewed as loose, that women were more threatened by pornography than men and that women were more likely to agree that looking at pornography was OK if one was not fantasizing about others while doing so (O Reilly, 402). For a woman to watch or think about pornography she is considered to be nasty or she didn’t have what it takes to satisfy her significant other. On theShow MoreRelatedEssay about The Harmful Effects of Pornography 1626 Words   |  7 Pages Whether pornography is an excuse to make acts of violence public? A big number of famous scholars, no matter men or women, have given their opinions. Each of them has their own view, but we can sort them into two groups, which are against to serious censorship and willing to convict and uproot pornography. Because of pornography, women’s status can never be equal to men’s. Recently, a revolution about the perception of moral values comes out in the world, which refers to how deep the changes ofRead MoreShould Pornography Be Restricted?1492 Words   |  6 PagesThe controversy over whether pornography should or should not be restricted has been a widely debated topic over the past few decades. Proponents of such restriction bring to light the degrading message pornography depicts that perpetrates the silencing of women. Even though the silencing and subordination of women is a real phenomenon, the overall significance and effect the pornography industry has on it seems widely overestimated. Furthermore, the implications of such restriction seem far moreRead MoreDo Internet Service Providers Have a Responsibility to Regulate the Content That Is Available on the World Wide Web? Is the Presence and Ease of Availability of Pornography to the General Public a Tribute to Free Speech1116 Words   |  5 PagesOver the years, society has found ways to record sexual experiences via paint, print, film and with recent technology, the Internet. Society has used every technological step forward to portray the sexual act. With each step forward this has increased the pornography forum to a broader audience. This audience is being propelled by a powerful urge to see images of sex. Nowadays pornography and the Internet, go hand in hand. However who is regulating this material, the website companies want to makeRead MoreThe Social World Has Created Lasting Effects On The Lives Of People That They Must Deal With Every Day1356 Words   |  6 PagesThe pornificatio n (or alternatively pornographication) of the social world has created lasting effects in the lives of people that they must deal with every day (Dines 1998, p. 164). Pornification is the process by which the social and cultural world is sexualised. This occurs through the expansion of media technology and the pornography industry, as well as changes in media regulations and restrictions which allow pornographic imagery to intrude into public spaces (Tyler 2011, p. 79). This essayRead More Comparing Catherine MacKinnons Not A Moral Issue and Sallie Tisdale’s Talk Dirty to Me1715 Words   |  7 Pagesand Sallie Tisdale, each of which perceives pornography in widely divergent ways. While MacKinnons Not A Moral Issue explains the adverse impacts of pornography to women and society as a whole, Tisdales Talk Dirty to Me: An Intimate Philosophy of Sex is receptive to pornography despite these adverse impacts, suggesting in fact that the solution to the problems associated with por nography is a greater role of women in production of that pornography. Breasts and booties, buns and knockers.Read MoreThe World Of Industrialized And Glamorized Pornography1515 Words   |  7 PagesHot Young Girl Screwed Hard†¦ By Society In the past few decades, what has been commonly said to be the world’s oldest profession—sex work—has quickly developed to match the growth and demand of modern media. Mainly, this accounts for the rise of internet pornography. While the increase in availability and ease of access has opened doors to frustrated, stressed, and plain old bored individuals looking for relief, but at what cost? It sells, and it sells well. Unfortunately, it also sellsRead MoreThe Relationship Between Pornography and the American Culture961 Words   |  4 PagesAn analysis of the relationship between pornography and the American culture reveals that the industry is blamed for dozens of social ills for the men of our society. Those ills also work to damage the women in several irreparable ways. Some of the damages to men include: illegal sexual behavior, illegal non-sexual behavior, callousness, sexual harassment, casual sex, and multiple sexual partners. The problems for the women directly involved in the industry are long term and long lasting, creatingRead MoreDoes Pornography Affect Women s Status Essay1996 Words   |  8 PagesIn the Western society, the status of women is degraded due the persistent cynical effects of patriarchy. The presumption that women cannot stop a rapist gives men enormous power over women who in this discourse are framed as utterly helpless (Angus 2015). McCaughey implies that â€Å"violence against women depen ds upon the myth of male strength and female weakness† (McCaughey 2000, 160). Hence, the sexist beliefs held in regards to women are both socially and culturally. By reading Mackinnon’s and Cornell’sRead MoreMichael Warner The Ethics Of Sexual Shame Analysis1020 Words   |  5 PagesWarner explores how sexual autonomy can be realized for all people. Warner recognizes this in history, and points out the trend in regards to societal sexual ethics, in which a tendency of absolutism and prejudicial sexual norms are dominant in one’s society. Because of this, sexual minorities struggle with shame and stigma that result in crushing their freedom and sometimes dignity. Warner argues that people need to defy the values that build these sexual hierarchies and accept all forms of sexual experiencesRead MoreChild Prostitution And The Exploitation Of Children Essay1427 Words   |  6 Pageschild is kidnapped or tricked into becoming involved in the black market sex trade or â€Å"survival sex.† â€Å"Survival sex† is when a child forced to engage in sexual acts to obtain basic life essentials. With child prostitution comes child pornography. Child pornography is the exploitation of children for sexual stimulation. It may produce with consent or non-consent. However, some people travel across the world to engage in â€Å"child sex tourism†. â€Å"Child sex tourism† is tourism for the purpose of child

Friday, December 27, 2019

The Pivotal Political Decisions On The Young American...

The pivotal political decisions in the young American republic of the late 18th century were made by a select few leaders. These forerunners knew each other at a personal level, and their gregariousness had a remarkable impact on the choices they made in the future. In the words of an accomplished historian and a biographer, Joseph Ellis, these crucial decisions with an astounding aftermath came about â€Å"in a sudden spasm of enforced inspiration and makeshift construction† (3). In addition, in his new non-fiction erudite study, Founding Brothers: The Revolutionary Generation, published in the year 2000, Ellis strives to illustrate how these decisions came about â€Å"in a sudden spasm of enforced inspiration and makeshift construction during the final decades of the eighteenth century.† (3). Thus, in order to distinguish between categorical truth and romantic fiction, Ellis focuses primarily on the forerunners themselves, wishing to examine how their relationships r esonated through political changes. As an ardent historian, Joseph Ellis has written numerous books on the topic of American history. Some of his most famous include: Passionate Sage: The Character and Legacy of John Adams and American Sphinx: The Character of Thomas Jefferson, which won the 1997 National Book Award. After graduating from Yale University and the College of William and Mary, Ellis currently lives in Amherst, Massachusetts, with his wife, Ellen, and three sons. Joseph Ellis eloquently conveys theShow MoreRelatedOne Significant Change That Has Occurred in the World Between 1900 and 2005. Explain the Impact This Change Has Made on Our Lives and Why It Is an Important Change.163893 Words   |  656 PagesDavid M. Scobey, Empire City: The Making and Meaning of the New York City Landscape Gerda Lerner, Fireweed: A Political Autobiography Allida M. Black, ed., Modern American Queer History Eric Sandweiss, St. Louis: The Evolution of an American Urban Landscape Sam Wineburg, Historical Thinking and Other Unnatural Acts: Charting the Future of Teaching the Past Sharon Hartman Strom, Political Woman: Florence Luscomb and the Legacy of Radical Reform Michael Adas, ed., Agricultural and Pastoral SocietiesRead MoreExploring Corporate Strategy - Case164366 Words   |  658 Pagesstrategy development in the ï ¬â€šavours and fragrances industry. Key: ââ€" Ã¢â€"  = major focus ââ€"  = important subsidiary focus ECS8C_C01.qxd 22/10/2007 11:54 Page 603 A GUIDE TO THE CLASSIC CASES ON THE COMPANION WEBSITE 603 CASE Coors – an American brewer moves into the UK market. Barclaycard – a market leader’s strategic options for maintaining market dominance. GSK – the wisdom of mergers for a global pharmaceutical giant. Brewery Group Denmark – how a small player survives in a globalisingRead MoreContemporary Issues in Management Accounting211377 Words   |  846 Pagesscholarship, and education by publishing worldwide in Oxford New York Auckland Cape Town Dar es Salaam Hong Kong Karachi Kuala Lumpur Madrid Melbourne Mexico City Nairobi New Delhi Shanghai Taipei Toronto With oYces in Argentina Austria Brazil Chile Czech Republic France Greece Guatemala Hungary Italy Japan Poland Portugal Singapore South Korea Switzerland Thailand Turkey Ukraine Vietnam Oxford is a registered trade mark of Oxford University Press in the UK and in certain other countries Published in the UnitedRead MoreProject Mgmt296381 Words   |  1186 Pagesto Text Topics Chapter 1 Modern Project Management Chapter 8 Scheduling resources and cost 1.2 Project defined 1.3 Project management defined 1.4 Projects and programs (.2) 2.1 The project life cycle (.2.3) App. G.1 The project manager App. G.7 Political and social environments F.1 Integration of project management processes [3.1] 6.5.2 Setting a schedule baseline [8.1.4] 6.5.3.1 Setting a resource schedule 6.5.2.4 Resource leveling 7.2 Setting a cost and time baseline schedule (1.3.5) [8.1.3] 6

Thursday, December 19, 2019

Factory Farming Essay - 1141 Words

Industrialization has revolutionized America’s economy. Mass production allows products in demand to be easily available for purchase. But at what point does this system cross the line? It is one thing to mass produce electronics and clothing, for example, but applying mass production to the meat industry is entirely different. In order to generate the most profit, livestock are killed systematically at a massive scale on an assembly line. These animals are treated as nothing more than objects that can be processed, packaged, and sold to a consumer. For this business to take place with both time and cost efficiency, the welfare of the livestock is placed as one of the last priorities. Factory farming has gotten out of hand, and America is†¦show more content†¦A problem that arises from this is that animal abuse can take place without any consequences, simply because it goes unseen. Therefore, the installation of video cameras to monitor behavior inside of farms will h elp in the process of finding those who are guilty. Undercover videos of the animals being killed in such a brutal fashion only gives the farm a poor reputation, not to mention the ethical issue of animals suffering unnecessarily when euthanasia is available. Incidents similar to the aforementioned will only continue to happen if the government does not step in. Security cameras, proper training of new employees and regular examinations to ensure all FDA regulations as well as animal welfare laws are being practiced should be implemented in farms. Meat-producing companies try to hide the conditions in which their livestock are kept before being slaughtered. In Iowa, a bill called H.F.589 attempted to make it illegal to record videos and pictures at a farm without the facility owners consent, and illegal to agree to work there to get a hold of undercover photos and videos of animal cruelty (Lin). Companies know that most people will be put off by seeing the acts that go on in order to provide inexpensive meat and dairy products that can be packaged and sold. People buy meat products to enjoy a tasty meal, but if the process involved in creating their food is untrustworthy, it couldShow MoreRelatedFactory Farming and Rural Farming1958 Words   |  8 Pagesfarms provided the meat consumed in the United States. Today that number has fallen to 2000, 95% of which are what we typically call â€Å"factory farms† (Dimitri, 2). This move towards a highly concentrated factory production system has had a staggering impact on the c urrent change in climate. This impact stems from broad and wide reaching causes fueled by factory farming, stretching from land degradation, to chemical use in fertilizers, to C02 and methane emissions. Lobbying by agribusinesses has resultedRead MoreFactory Farming Essay1334 Words   |  6 Pagesfactors are made possible because of factory farming. Factory farming is the reason why consumers are able to purchase low-priced poultry in their local supermarket and also the reason why chickens and other animals are being seen as profit rather than living, breathing beings. So what is exactly is factory farming? According to Ben Macintyre, a writer and columnist of The Times, a British newspaper and a former chicken farm worker, he summed up the goal of any factory farm â€Å"... to produce the maximumRead MoreFactory Farming and Animal Cruelty581 Words   |  3 PagesFactory Farming and Animal Cruelty Animal rights are practically non-existent in many different ways today. Factory farming is probably the worst thing they can do to the poor helpless animals. Factory farming effects chickens, cows, pigs, and many other animals that are used for food, milk and eggs. One of the biggest organizations against factory farming is called Compassion Over Killing (COK). They go to great lengths to protest and inform people about animal cruelty. Chickens have to endureRead MoreFactory Farming Should Be Banned1576 Words   |  7 Pagesactivist. Factory farming should be banned or demolished thoroughly due to more harm than good that is being presented worldwide. Animal brutality, which can be found constantly and excessively throughout factory farms, is a deleterious act involving the animals and a diabolic act regarding human morals. The antic actions that proceed have an effect on both humans and the environment, as well as the unethical, inhumane treatment and the atrocious sufferings of animals. Besides factory farms offeringRead MorePersuasive Speech : Factory Farming822 Words   |  4 PagesSample Persuasive Speech Outline Topic: Factory Farming Organizational Pattern: Monroe’s Motivated Sequence Specific Purpose: To persuade the audience that factory farms are dangerous and abusive and therefore need to be banned. Primary Audience Outcome: I the want the audience to join or support national organizations that protest against factory farms. Thesis Statement: The U.S. government should ban factory farms and require the meat industry to raise animals in their natural environmentsRead MoreFactory Farming Disadvantages Essay2004 Words   |  9 Pageslevel; this is called factory farming. Factory farming began in the 1920s soon after vitamins A and D were discovered; when these vitamins are added to feed, animals no longer required exercise and sunlight for growth. This allowed large numbers of animals to be raised indoors year-round. Farmers found they could increase productivity and reduce the operating costs by using mechanization and assembly-line techniques (Katz 1). Since the 1920s, the evolution of factory farming hasn’t become any betterRead MoreThe Moral Value Of Factory Farming Essay1899 Words   |  8 Pageshow to process the demand for different substances and how to be efficient economically and sufficiently. With factory farmed animals suffering unfair treatment, large quantities of animals are being abused and slaughtered. This can cause people to develop negative ideas about the industry. However, still, today, ninety-nine percent of the meat Americans consume come from large-scale factory farms with mass production and abusive practices. This is due to efficiency and allowing this industry to makeRead MoreThe Dangers of Factory Farming1511 Words   |  6 Pagesacross the country as well as the videos of factory farms and how their livestock are raised, along with Rachel Carson’s various books about the dangers of pesticides. Until the 1950’s, farming never used hormones to increase growth pace to achieve meatier animals. Factory farms and the mass production of animals have caused corporations to stop thinking about the quality of their foods, but the quantity and efficiency in which consumers receive it. Factory farm raised animals are produced to becomeRead MoreFactory Farming, It Needs to Change Essay1862 Words   |  8 PagesFactory Farming, It Needs to Ch ange! Factory farming is the process of â€Å"employing abusive practices that maximize agribusiness profits at the expense of the environment, our communities, animal welfare, and even our health† (Factory Farming). These methods are used across the United States and have major impacts on not only those consuming the food but the environment as well. Some hold the position that this method is inhumane and should not be allowed. However, others argue that this process createsRead MoreAnimal Rights, And The Tragedies Of Factory Farming1998 Words   |  8 PagesAnimal Rights, and the Tragedies of Factory Farming Animals, like humans, experience both pleasure and pain. To deny this would be like denying they breath the same air that we do. Yet every day animals are being murdered inhumanly and violently at slaughterhouses throughout the country. Factory Farming has become the dominant method of raising meat in America. It is not only cruel and inhumane, but it is also environmentally destructive, and has been linked to spreading illness and disease.

Wednesday, December 11, 2019

Potential of Renewable Energy Systems

Question: Discuss about the Potential of Renewable Energy Systems. Answer: Introduction: Engineering could be the only profession which greatly contributes to development of other professions. Engineers are found virtually across all industries; especially where systems are created to impact positively to the society. Notably, engineers greatly affect the society. But how and where do they apply the much-needed engineering principles? The role of engineers can never be underestimated. Actually; they develop complex systems and technologies. Engineers are at the center of most complex systems and technologies (Princeton, 2017). They actively play a role of overseeing the development of such systems. Unlike politicians who do little but want more praises, engineers often positively shape the society through their great works but hardly get appreciated. A good example is the creation of the epic titanic ship. It was a wonderful piece of great engineering. Everyone was convinced that the ship could not sink easily. A part from the unfortunate fatal accident (perhaps the worst marine accident ever recorded in history), beforehand, however, the engineers who created this marine vehicle were hardly feted. Today, engineers continue to revolutionize virtually all industries. Nowadays, people are able to share and disseminate information almost instantly anywhere across the globe (iWE, 2017). No wonder, the world has become a global village. Information technology, a product of software engineers, has not only boosted information sharing but greatly improved the wellbeing of the world system. Furthermore, engineers are known to be great at delivering innovative ideas. Most of the world problems have partly been solved by engineers. From medicine, agriculture, entertainment, military industry among others: engineers have not disappointed. For instance, in the military industry, mechanical engineers have designed and developed powerful missiles to help boost the world's defense system. Reportedly, Russians have developed a powerful war ship which has anti-aircraft and anti-submarine capabilities (Majumdar, 2016). Engineers are also committed to developing sustainable societies. Climate change is an area in which a lot of engineering projects are being undertaken. There was a time when global warming was the biggest threat to the existence of humanity; the amount of carbon emissions to the atmosphere was increasing at an alarming rate. This pushed engineers to rethink about other sources of power. Thereafter, a new concept: the green economy was birthed. The development of sustainable energy technologies has therefore seen a significant drop in the use of fossil fuel powered systems. Admittedly, the future now looks more interesting with the adoption of these strategies for green economy. The United States reportedly invested about 329 billion US dollars in renewable technology implementation in 2015 alone (Mooney, 2016). China has announced to increase its renewed energy share index to cater for sustainable development of renewable energy systems (Wen et al, 2009). Importantly, therefore, eng ineers are more excited than ever before to realize these planned projects. Currently, the United Kingdom is at an advanced stage of erecting the wind and tidal turbines, an investment worth billions. Therefore, clearly, engineers roles go beyond the imagination of people. They feel and think and develop sustainable systems which positively impact on the society at large. They must therefore be solely responsible to further develop conducive, productive and safe society for the betterment of humanity. But what specific responsibilities should Engineer bear? Engineers are supposed to take the lead role in ensuring principles of safety; quality and productivity are integrated in the projects they undertake. Consequently, they must be ready to bear the responsibilities of failure in the systems they develop. For instance, the unfortunate titanic accident helped engineers to rethink and develop sophisticated safety systems. Additionally, there is need to employ more principles of sustainable development. EME 807 (2014) opines that the three main corner stones of sustainable development are environmental, social, and economic values. Therefore, for engineering to be in line with the principles of sustainable development, all three mentioned issues must be adhered to. The project would be described as lopsided should it ignore any of the pillars (EME 807, 2014). But how will the understanding of these roles affect us? Now, as mentioned earlier, Engineers participate in building complex systems. The understanding of this enables us to rewire our brains in readiness to take part in the great work. Personally, it has developed my mental stamina since the real-time exposure has strengthened my resolve to engage more in the complex systems development. Admittedly, one may wish to begin working on a specific area of interest since they have the prior knowledge to design and develop the systems. It also makes us more aware of the realities of engineering in the field hence psyching us up for the challenging work ahead. Additionally, we can develop greater interest in taking part to improve the safety aspect of these systems. As a student Engineer, through my projects, have designed systems to handle various safety concerns in the existing systems. LO-4: Manage Information and Documentation The engineering projects are often accompanied by very large and complex information. Therefore, improper management of engineering information and documentation may lead to catastrophic failure of the project. However, importantly, engineers have established systems and networks to assist them manage the project information. One of the important documents in engineering is the technical drawing. Firstly, engineers often spend quite some time in drafting the drawings. Normally, they are designed to effectively communicate all the technical details about the project-at-hand. Secondly, there are tools that have been designed to assist them properly manage the complex engineering information and document the same. For example, software tools like PDXpert can help the engineers have better control of various documents (PDXpert, 2017). Besides, they can help minimize costs of designing and maintaining the systems. Furthermore, these tools can be used to effectively manage the projects activities especially if they are on a critical path in projects management. Furthermore, the management tools also allow archiving of these technical documents in a systematic fashion. This allows faster retrieval of the required document for update or reference purpose. Hence engineers can reportedly become more productive. Another tool that engineers use is the Open text engineering document management which stores and controls engineering documents in a centralized fashion (OTC, 2017). This superior software control tool allows the engineer to integrate maintenance with day to day process and operations of the systems. Besides, the drafting tools such as AutoCAD can easily be used in conjunction with this system. It readily provides templates onto which the engineer can develop the desired project work. Hence, ultimately, it provides real-time platform where effective control of complex projects can happen. Additionally, the platform supports concurrent engineering where various professionals can easily share information across a range of project issues. However, another key issue in managing engineering projects is planning (McClung, 2017). Admittedly, this is the initial stage of the project life cycle and therefore a chunk of project information would be developed from this stage. Therefore, there is need to inculcate sound design principles to ensure launch of project would be a success. At this juncture, various technical documents such as feasibility reports are developed and documented. Cross departmental collaboration is often the norm at this stage, as the team starts to align itself and prepare for the real work. Engineers, especially project engineers, need to identify effective tools and derive frameworks to assist them properly manage the team and information. It is also common, at the project initiation, for the team to slightly experience interpersonal friction; this should be seen as normal as the team members are discovering each others personality however, managers need to have control of the team and solve any issu e that would be threatening the success of the projects. Hence, it is important for the project managers to device appropriate communication channels through which information can be shared among the team members. Therefore, technology plays a pivotal role in managing and documenting technical and professional information, critical for the success of the project team. Notably, project engineers normally categorize information into: public and confidential information. In the process of sharing information, confidential information is kept in safe custody of the engineers in charge. Consequently, engineers are often required to sign the non-disclosure forms to prevent them from sharing some classified information about the project. Importantly, therefore, engineers often consult with the client first before going public with the information. It is among the best practices that must be adhered to by all professional engineers in the industry. Besides, engineers must always be capable of producing the right information, at the right time, and to the right audience to ensure security of the classified and confidential information. Managing information should begin early in the student engineers career life on a day-to-day basis. Personally, I have always remained committed and organized and keeping up-to-date records. For example, in my classwork projects, I have been able to implement the mentioned systems and tools like AutoCAD, inventor, Ms Project so that I can be in control of the project. Besides, some projects required teamwork. I have been an active team player where various elements of the group assignment would be planned by the team under my leadership and establish techniques to have each individual member take part. Most of the time I would find out that I have to manage the information in a way that ultimately meets group objectives. However, I still need to clearly define the relevant techniques that I should use to handle the complex team dynamics which often times may hamper the groups progress. LO-5: communicate effectively across a range of contexts. As mentioned earlier, engineers handle complex projects virtually across all industries. It is imperative, therefore, for them to adopt effective ways and means to communicate with different people in different scenarios at different times during roll out of projects. Effective communication can make a big difference between successful and unsuccessful engineering projects. Admittedly, according to Taylor April (2013), the information technology has revolutionized the way information is being shared; how professionals collaborate, and the status of the workplaces. For instance, information is almost instantly available to everyone including the non-technical people hence presenting a greater challenge to engineers to not only deliver quality projects but also accurate and up-to-date information to the designated people, for example, clients. Gone are the days when engineers would be spared from communicating their technical s tuff. Nowadays, professional success in engineering requires one to adopt state-of-the-art communication strategies. Engineers, for example, are taking the lead role in negotiating funds for their projects since they actually know where and how the funds would be utilized. Furthermore, they have developed systems of reporting their project work as it rolls out. There are software tools like Pro Engineer, Inventor and solid works which assist the engineers to illustrate their ideas hence providing a platform to communicate to potential clients about the same. Additionally, engineers are also equipped with professional writing skills. They need to draft proposals, technical reports, and memoranda among others. In fact, engineers are being encouraged to write more books so as to share their valuable experiences to the public. There is a lot of information that engineers can share. Besides, engineers continue to collaborate more with other professionals like scientists especially in research work. For instance, the iconic Burj Khalifa building in Dubai was a product of extensive research and collaborative work between engineers and the research scientists (Burj Khalifa, 2017). Taylor April (2013) argue that communication skills should be inculcated earlier during pursuit of engineering courses in colleges. Admittedly, afterwards, engineers would have to interact globally hence a wide spectrum of communication issues need to be elucidated during the course of acquiring engineering education. Gaining competence in engineering takes a lot of time and effort hence similarly, effective communication is being regarded as a critical component of engineering competency. Furthermore, engineers bear the responsibility of communicating accurate, verifiable and competent technical issues to the clients and general public. Normally they are expected to abide by the professional code of conduct during engagement with the clients and government. Notably, therefore, engineers are expected to be honest and truthful to the clients. For instance, an engineer may conduct feasibility study on a proposed project and unfortunately, from her findings, she realizes the project would cause greater damage to the environment and endanger the communitys well-being; it is imperative for her to remain true to the objects and purpose of the code such that she would advise the client not to pursue the project any further; although, such a decision would likely be unpopular. However, engineers must safeguard the health, welfare and safety of communities (BoPE, 2008). Now, the mentioned skills need to be inculcated early in the student engineers career. As a student engineer, I have been able to gain drafting skills such as the use of AutoCAD, inventor, solid works among others. This is certainly preparing me for the future design work. Besides, in my classwork projects, I always strive to competently apply them so that I develop the much-needed experience which I will later need to participate in the real-world designs. Furthermore, in communicating with my time members, it has become easier as I progress with my coursework. This certainly continues to equip me with the right skills of going about the assigned roles. Besides, through the leadership forum, organized by our campus engineering society, I have been able to polish my communication and leadership skills that I believe will ultimately serve as an impetus to my professional engineering growth. References EME 807. (2014). Technologies for Sustainability Systems: Principles of Sustainable Engineering. Available at: https://www.e-education.psu.edu/eme807/node/688 Taylor, J.L April, A.K. (2013). Engineering Communication and The Global Workplace: Preparing professionals and global citizens. Available at: https://connexionsj.files.wordpress.com/2013/09/kedrowicz_taylor.pdf Burji Khalifa.(2017). Building A Global Icon. https://www.burjkhalifa.ae/en/thetower/design.aspx BoPE.(2008).Code of Practice for Registered Professional Engineers. Queensland. Available at: https://www.ausimm.com.au/content/docs/7029009_code_of_practice_v9_15_jan_08_final_imple mented_from_1_july_2008.pdf PDXpert. (2017). Engineering design and document control systems. Available at: https://www.buyplm.com/document-control/engineering-drawings-data-document-control.aspx Eniac. (2017). Project Integration Management. Available at: https://wwwkiv.zcu.cz/~pergl/SAI/PMIBOK/project4.htm OTC. (2017). OpenText Engineering Document Management. Available at: https://www.opentext.com/what-we-do/products/enterprise-content-management/content-centricapplications/opentext-engineering-document-management McClung, D. (2017). Engineering Information Management. Available at: ftp://ftp.ni.com/pub/techsym/minneapolis/eng_info_management.pdf Princeton. (2017). Interdisciplinary Centers. Available at: https://www.princeton.edu/engineering/centers/ iWE. (2017).What value has information in a fully connected world? Available at: https://iwecloud.com/en/value-information-fully-connected-world/ Majumdar, D. (2016). Russia Is Set to Build 12 New Monster Warships Armed with 200 Missiles Each. Available at: https://nationalinterest.org/blog/the-buzz/russia-set-build-12-newmonster-warships-armed-200-missiles-16427 Mooney, C. (2016). Why clean energy is now expanding even when fossil fuels are cheap. Available at: https://www.washingtonpost.com/news/energy-environment/wp/2016/01/14/whyclean-energy-is-now-expanding-even-when-fossil-fuels-are-cheap/?utm_term=.a241a8b5f2f1 Wen, L et al. (2009). The Potential of Renewable Energy Systems in China . Available at: https://vbn.aau.dk/files/39186853/Potential_of_Renewable_Energy_Systems_in_China.pdf

Tuesday, December 3, 2019

Taoism Essay Research Paper Taoism is a free essay sample

Taoism Essay, Research Paper Taoism is a faith that originated in Ching, likely during the 300 # 8217 ; s B.C. Taoism is besides the name of a faith that began in the 100 # 8217 ; s B.C. Through the many old ages this faith has influenced creative persons and authors in the East and West. The word Tao ( besides spelled Dao ) originally meant route or manner. The Taoist studied their faith and they believed that everything in the universe was explained by the manner. The word ( the manner ) is besides meant every bit world as a whole or single # 8220 ; ways # 8221 ; The beliefs of Taoism appear in two books, the # 8220 ; Lao-tzu # 8221 ; ( subsequently renamed the # 8220 ; Tao Te Ching # 8221 ; The Authoritative Way and Virtue ) and the Chuan-tzu are all the different books that they frequently read. The # 8220 ; Lao-tzu # 8221 ; is a book that was brought together by many unknown writers. At first Confucianism was really popular among the Chinese but they believed they had to many regulations. We will write a custom essay sample on Taoism Essay Research Paper Taoism is a or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page In Confucianism people can populate a good life merely in a well-disciplined society that stresses attending to ceremonial, responsibility, mortality, and public service. Although in Taoism it was non as rigorous. In the Taoist faith they believed to populate a simple life yet still mediated and was near to nature. The Taoist faith had an influence on many of the creative person involved. Tao Qian was extremely against any type of force and wanted a life in harmoniousness with nature. Xia Gui painted pictures and landscapes that reflected the Taoist sensitiveness to nature. Taoism was influenced by Chinese common people faith. In common people religion their Gods are represented as human being who displayed exceeding powers during their life-time. One of many they believed was a God that was a human being in there past lives was Guan Di, who is the defender of concern people, lived as a general during the A.D. 200 # 8217 ; s. The priests would expose public rites in which they submit the people # 8217 ; s supplications to the Gods of common people faith. The main priest, who is in a enchantment, prays to other deities for the worshippers. These deities are non former human existences but represent facets of Tao. # 8220 ; The members o f some Taoist groups have sought to attending immortality through thaumaturgy, speculation and particular diets, breath control, or the recitation of Bibles. Tao is the first-cause of the existence. It is a force that flows through all life. The end of everyone is one with the Tao. The construct of a personified divinity is foreign to Taoism, as is the construct of the creative activity of the existence. Therefore, they do non pray as Christians do ; there is no God to hear the supplications or move upon them. They seek replies to life # 8217 ; s jobs through interior speculation and other observation. Time cyclical, non additive as in western thought. Yin ( dark side ) is a breath that formed the Earth. Yang ( light side ) is the breath that formed the celestial spheres. They symbolize braces of antonyms that are seen through the existence, such as good and evil, light and dark, male and female. Intervention by human civilisation upsets the balances of Yin and Yang. # 8220 ; The Tao surrounds everyone hence everyone must listen to happen enlightenment. # 8221 ; Five chief variety meats and the organic structure that complement Taoism are the five parts of the sky: H2O, fire, wood, metal and Earth. Each individual must foster the Ch # 8217 ; I ( air, breath ) that has been given to him or her. Development of virtuousness is 1s major undertaking. The three gems that identify Taoism are compassion, moderateness, and humbleness. Taoists follow the art of # 8220 ; wu wei # 8221 ; , which is to accomplish action through minimum action. # 8220 ; It is the pattern of traveling against the watercourse non by fighting against it and junking approximately, but by standing still and allowing the watercourse do all the work. Thus the sage knows that comparative to the river, he still moves against the current. To the outside universe the sage appears to take no action-but in fact he takes action long before others of all time foresee the demand for action. # 8221 ; Taoists believe that # 8221 ; people are compassionate by nature # 8230 ; left to their ain devices [ they ] will demo this compassion without anticipating an award. # 8221 ; Sivin, N. # 8220 ; Taoism # 8221 ; The World Book Encyclopedia. 1997, Volume19 page 36 www.taoism.com