The Absolutely True Diary of a Part-Time Indian Essay Example for Free

The Absolutely True Diary of a Part-Time Indian EssayAfter reading the harbour The Absolutely True Diary of a Part-Time Indian, I got a much better understanding of what that title means. When you infer of part-time you normally think of having a part-time job when you only work some days but not all the time. Well that is a lot same(p) the animation of the main character in this story. Throughout the book, Junior manages to be half Indian and half white. He says It was like being Indian was my job. How could someone be half Indian and half white? If you have ever moved to new town, or changed schools, then you probably have a pretty corking idea how Junior felt throughout the book. After Mr. P talks Junior into getting out of the REZ the only option Junior has, is to travel 20 three miles to Reardan and attend school with the white kids. Being the weirdest and least popular kid, life on the REZ must have been tough.Having parents that drank all the time, and spent money that Juniors family did not have on Alcohol made it hard for him to have clean clothes, and a new outfit to wear now and then. But having a exceed friend like Rowdy made things a little bit easier. Rowdy was Juniors secret keeper, he also beat anyone up that tried to faded Junior and was all ways in that location for him. Well up in till the day Junior changed schools, everyone on the REZ hated Junior they looked at him like he was some sort of trader or bad person.His first day at Reardan was tough, Reardan was the complete pivotal of school back on the REZ. It was opposite of his family, and it was opposite of him. The only good part of the day was meeting Penelope. Junior gassed in wonder at her beauty, blond hair and blue eyes he had never seen anything so beautiful. Things were a lot different at Reardan, on Halloween Junior dressed like a homeless man, which was pretty easy for him since there was not much difference between his good clothes and his bad clothes.

Social Insurance Essay Example for Free

Social Insurance EssaySocial insurance funded programs include Social Security, Workmens compensation, Medic be, and unemployment benefits. Each of these programs is funded by a portion of a persons check. A certain amount is taken out of each check and put in an account for futurity use. Some of these programs even include a match payment made by the employer. This is mostly used for Social Security. The benefits from each of these programs are used in the event of a future time of unemployment. The benefits from Social Security are used when a person is old enough to retire.Workmens compensation benefits are available to officiateers that have been hurt upon the job and are no longer able to work for a certain amount of time. Benefits that are available when a person is unemployed are only available if the person is terminated by no fault of their own. I have found that there is matchless major drawback to neighborly insurance, the growth in our population. With an increas e in population and a decrease in the job market, it is harder for people to go back to work when they have been laid off. Our economy at this point is still unstable.With more and more workers joining the workforce each day and our jobs being sent overseas it is easy to see the drawback to social insurance programs. The one drawback for Social Security according to Chambers Wedel (2005) is that if we are to make it to the projected year of 2040, those who are in workforce will be forced to provide a higher amount of money out of their checks. I feel that any drawback related to social insurance funding is based upon the growth in population and the decrease in our economy.

International Construction Contracts and Dispute Resolution

International Construction Contr stages and Dispute ResolutionDiscuss the distinction between the comp one(a)nt part of the point as an agent of the Employer and the manoeuver as supreme of the Employer. Discuss also whether the distinction is useful, and whether and where (and why) it might be aband unitaryd or retained.In addition, consider and name the provisions in the FIDIC Conditions ( ruby-red Book) (1999 ed.) whereby the organize performs functions asAgent of the Employer and/orIndependently of the EmployerThe employer in a project is non an expert in the field of construction. The employer is hotshot who totally knows business thus, he regards someone with expert knowledge in the field to help him instrument his project successfully. It is at this juncture the applied scientist comes into the scene who has the expert knowledge and helps the employer implement his project. He is employed by the employer and works for the employer in m any(prenominal) opposite ec centrics. As Dr Donald Charrett arguing out a series of thirteen roles that the get up has to play, we hatful see that the engineers role comes into play much before the construction starts. Here it is the role that he plays after the affirmer is appointed and the construction starts, we give see the multiplicity and conflict in his role as an engineer.The role that will be at centering in the essay, in broad terms is his role as an agent of the employer and as a finish master. The essay will try to antitheticiate and dissertate the roles in which the engine driver cloaks as an agent of the employer and roles where he solves independently from the employer. We will do this by looking out first as to how the concept of todays Engineer as an agent of the employer had developed and then discuss the different FIDIC condition that define and particularise the role of the engineer. In the next part the discussion will focus on the independence of the engineer and will define the roles where the employer work outs as an agent of the employer and where he is independent of the employer. I will deal with the provision of FICID not as a separate part, rather will list and discuss it with the first part of the question.At this stage I find it pertinent to first discuss who the engineer is according to FIDIC. The definition of an engineer can be found in sub clause 1.1.2.4 of blood-red and yellow newsEngineer room the person appointed by the Employer to act as the Engineer for the purposes of the Contract and named in the Appendix to Tender, or early(a) person appointed from beat to time by the Employer and notified to the Contractor beneath Sub-Clause 3.4.This doesnt explain what the engineer job or role is as it has been dealt with by FICID under different sub-clauses under clause three. In a nut shell the Engineer is a individual whose role can be said to the project manager where he has to implement different aspect of the find.In sub-clause 1. 1.2.6 of red and yellow bind the engineer is stated to be an employers personal. Sub-clause 1.1.2.6 statedEmployers personnel means the engineers, the assistant referred to in sub-clause 3.2 and all other staffs, labour and other employees of the engineer and of the employer and any other personnel notified to the contractor, by the employer or the engineer, as the employers personnel.Looking at both the definition clause it becomes overhear that the engineer is one who is appointed by the employer and is considered as employer personnel. One thing that come out clear from the definition clause is that the Engineer is everlastingly an employee of the Employer. The gives prove to the question, if the engineer can be independent at any circumstance though the contract or at the least be elegant and impartial.The Engineer has multiple role to play which are related to the contract and some of his role as the Engineer starts much before the contractor is appointed. The Engineer was brought into the icon by the employer much before the contractor is appointed. The Engineer is brought in at the initiation stage as he is required to multiple works akin assessing the design, advising on the contractor to the employer and sometime vet the projects viability to third party financer. With so many roles relating to the employer, can the engineer be expected to be independent.Historically it depended on the term of a contract to dissolve if the engineer was independent of the employer or not. In Ranger v Great Western Railway Co1the court by interpreting the contract found that the engineer was neer independent and his finis were in that locationfore the ending of the company. Whereas in in In re De Morgan, Snell Co. and Rio De Janeiro Flour move Co.2, the chief engineer and the resident engineer were found to be independent from the employer. The basis was that where the engineer had autocratic control over the work and had the power to love final and bindi ng determination, was considered to be independent from both the contracting parties.3 The courts saw this authority as a conflict of interest hence, applied very set standard to the way engineers executed his authority and power.4 This resulted in a change in The way the Engineer was related to the employer.The way the Engineer was related to the employer go to a more modern form of the relationship we see today, where the Engineer mostly stands as an agent of the employer. The authority, debt instrument and arrangement ware still derived from a contract and this resulted in courts taking a stricter stance on the role of an engineer. The courts have always imposed stricter and higher standard on the functioning of The Engineer. In solecisms where the contract engineer was the agent of the employer, the parties to the contract enter into the contract stating that the engineer has to undertake number of duties for the implementation of the project. Courts have mostly held that the engineer in case of absence of any words to the contrary in the contract is expected to act reasonably in case of his role as a decision master. Mc Farlan J in the case of Perini corporation v Commonwealth of Australia5 had stated that,during the performance of all the duties under the contract the engineer will dwell an employee of the government(Employer). Even during the discharge of his duty as a decision nobleman he continues to be the employee of the government, but he is still expected to act fresh(a)ly and justly with skills towards both parties to the contract. In the modern form, we see that the engineer became an agent of the employer in his different roles under the contract, but he was still expected to act as an independent person should work, who must be fair, impartial and honest towards both the parties when acting in his role as a decision- cleric under the traditional system. But the industry moved on from the independent form of the Engineer and the sys tem of impartial Engineer as a decision-maker was adopted. The concept of an impartial engineer was incorporated in the modern form of contractual provision for construction contracts (FIDIC).3.1 Fidic On The Role Of An EngineerThe engineer under the old FIDIC red book was expected to act impartially. As was stated under sub-clause 2.6(d) otherwise taking action which may affect the rights and obligations of the Employer or the Contractor, he shall exercise such appreciation impartially within the.The incorporation and requirement of the rectitude of the Engineer was because of the realisation of the fact that there will always be a doubt on the impartiality. The presence of the doubt is because of the presence of conflict of interest as the Engineer is now the agent of the employer. Then over a period of time it was make that the expectation of impartiality cannot be also confirmed. So there was again a change occurred from the requirement of being impartial to being fair.Accord ing to ola . Nisja the concept of law developed through case law in the common-law system as the engineer was expected to be a person with professional ethics and you can expect from him to be a fair decision maker. Ola . Nisja also states that the concept of a fair decision maker was not in common practice till the FIDIC form included it in their standard form of contract. Hence in the 1999 edition of FIDIC red book and yellow book the concept has been replaced with the concept of fairness with word fairly under clause 3.5 and the concept of impartiality wasdone away with. The reason being there will always be doubt on the impartiality of the engineer and that can be easily removed from the contract by words that can negate the expectation of impartiality. The thought has been made apparent by Lord Hoffmann in Balfour Beatty Civil Engineering Ltd v Docklands Light Railway6 where he has stated that, the room decorator is the agent of the employer, so he is a professional man but can hardly be considered to be independent. He speaks of the architect who is appointed in the role of The Engineer, where you can still expect an individual to be fair if not independent or impartial. Intellectually speaking the concept of being fair is inherent to the nature of a decision maker that is expected in a common law system and it is easier to expect the engineer to be fair than being impartial. Even when the contract doesnt impose any obligation in any way, the engineer is still expected to act in a, honest, fair and honest manner when under taking the role of a decision-maker. The above observation comes from Balfour Beatty Civil Engineering Ltd v Docklands Light Railway Ltd only where there was no appointed engineer for the project and the employer itself through its own employee took up the duty of decision maker, he was still expected to be fair, honest and reasonable7. Other than the implied duty of acting impartially there is expressed duty under the code of ethi c to act impartially also. Of the many issues that challenge the impartiality of the engineer one that, the engineer has to make a decision regarding to his own work. In such position there cannot be an expectation for impartiality at all. Of the many roles that Dr Donald Charrett list most of them have been infused into new role of an engineer in the modern time where he is the agent of an employer.As an agent, the duty of the engineer is to successfully implement the project which is surrounded around the condition that he has to work in the best interest of his employer. But as a decision maker he takes relief from his role as an agent of the employer and is expected to act as a neutral decision maker between the employer and contract and fairly decide the dispute. The clear differentiation of the engineers role can also be seen in standard form of contracts and specifically FIDIC. The role of an engineer is dealt in different sub-clause of clause three of both the FIDIC red and yellow book. Condition 3.1 deals with the duty and authority of an engineer and condition 3.1 (a) of both the red and yellow book state dwell as otherwise stated in these condition Whenever carrying out duties or exercising authority, specified in or implied by the contract, the engineer shall be deemed to act for the employerThis makes it pretty clear that the employer is expected to act an agent of the employer in relation to any of the act he is required to do under the contract.And condition 3.5 of red and yellow book state deal with the role of an engineer as a decision maker, where it states thatIf agreement is not achieved, the Engineer shall make a fair determination in accordance with the Contract, taking due regard of all relevant circumstances.It is clear from the wording of the FIDIC form of standard contract the engineer is in a position to re insert the Employer in all field of study, however he also has the obligation to discharge his contract obligation as a decisi on maker in a fair manner. Hence, of the many roles, an engineer plays, it is here as a decision maker, the engineer is expected to be fair and evenhanded when he is deciding the dispute. So, what we get in general is a person who is throughout the contract phase an agent but when required he has to act in the capacity of a decision maker and be neutral and fair.The sub-clause provides that he has to act fairly and even if the clause in struck out, under common law contracts there is an implied condition that the engineer still has to act fairly. Although the impartiality has been replaced with the concept of fairness, some author make it clear that the contractor should never assume that the engineer belongs to the employer but rather he should assume that the engineer acts independently and impartially according to his professional standards. The concept of an engineer is not discussed in the civil law system hence, may French courts have been seen struck down any clause which gav e power to the engineer to decide a dispute. The line here is that the role on an engineer and he operates is a common law developed concept which has been best explained by Mc Farlan J in Perini corporation v Commonwealth of Australia8. the essence of such a relationship where the engineer acts in dual capacity is that the parties have voluntarily agreed so in the contract. The parties have agreed that they will accept and bind themselves on matter that he is required to decideThe engineers duty to act fairly is an obligation that is understood to arise from the term of contract. FIDIC condition is a standard form of contract and when adopted for any project makes it a valid form of contract and clause 3.5 makes its legally binding clause and if the engineers dont act fairly then it becomes a breach of contract. In a contract, it is the duty of the parties to follow the contract and act in good faith towards the fulfilment of the contract. Hence, the duty is somehow on the employe r to see to it that the engineer acts fairly to honour the clause of the contract when acting as a decision maker as the Engineer is an employer personal according to the definition.The engineer is a person who may not be himself involved in the dispute but definitely has interest in the dispute. One he is deciding upon a dispute that is there because of a decision he took front relating to a work and second, he is deciding something which is going to affect both the parties, and he is related to one of the parties. Then the contract expects the Engineer to not only protect the employers interest, he will also be protecting his interests as his decision is related to one of his work only. While the Engineer takes over the role of the engineer he is still employed by the employer and his salary being paid by the employer so, when the engineer is acting as a decision maker he is getting paid by the employer only for that role too. In view the impeding nature of lack of independence i n the role of an Engineer that the FIDIC books have two safe-guards when he is acting as a decision maker to decide fairly and in accordance to the contract. Then again, to promote fairness the FIDIC book also prohibits the Employer from replacing the engineer with anyone against whom the contract raises any reasonable objection.9HHJ Jackson state the legal situation of an engineer in the best thinkable way in Scheldebouw BV v St James Homes (Grovernor Dock) Ltd 10The terms of the contract according to which the engineer has to work determine the role and duty of the decision maker on that point cannot be an expectation that he decision maker is in anyway independent from the employer.But while acting as a decision maker the decision maker is expected to act in an independent, impartial, fair and honest manner. He should act using his professional skill to reach the right decision and should not indulge in any favourism towards his employer.The last point is of interest here where it states that he is expected to act in a manner which is independent from the employer. It gives the notion that the decision maker is never truly independent from his employer, but he is expected to shed that relation while acting as a decision maker. This makes it clear that a decision by the engineer can only be challenged in cases where there is a doubt of impartiality or lack of fairness. Hence, it must be remembered that doubt on the independence of the Engineer can be no more a ground for challenging the decision. However, the Engineer is expected to be fair and neutral, so any possibility or even the doubt of the presence of bias by the Engineer towards the Employers Interest in the decisions and determination of contractual disputes, provides the contractor with the opportunity and the avenue to appeal against the decision of the engineer.After going through the relevant provision of FIDIC, case laws and works of different field expert we can say that in the modern system of construction contract the concept of an independent contractor is not present any more. All the while the engineer is only expected to act independently but there is no actual individuality that is independent of the employer. As I have earlier stated the engineer is always paid a salary by the employer, even when he is acting as a decision maker so there cannot any presumption of independence. The FIDIC condition also moved on to the concept of a fair determination as impartiality can be in question and cant be always expected. The reason being there would always be doubt because the Engineer never stops being the agent of the Employer or as the FICID states Employers Personnel. According to Charles C MacDonald, the Engineer is one individual who lacks the unavoidable requirement of independence to make primal decision, as he is appointed by the employer.11 Even Redfurn and Hunter in their book agree that the engineer who is appointed by the employer will lack the necessary in dependence to make important decision.12 As we take stock all that has been discussed till now all we can say in laymans language, the engineer is never independent but it is his duty to act in an independent manner.13At the end, we can conclude that there is no real distinction between the role of the Engineer where he acts as the agent of the employer and a role which he takes up, that is independent from the employer. No provision in the FIDIC form of contract also differentiate between the role rather the provision make it clear that he remains as agent all the while till the contract is in place. There are safeguards to ensure impartiality and fair decision making but still role like the one of decision maker should not be in anyway related or inclined to any party. This results in the lack of independence in the decision-making process as the trust in the engineer being fair is also lost. This has in the recent years has only resulted in using the Engineer as a decision maker only a procedural requirement as his decision is just a prerequisite to go for a DAB decision or arbitration. The present form has its advantages as it helps in resolving disputes quickly and is serving its purpose in most of the cases but also has in its own disadvantages. The engineers fairness will always remain a matter of question and doubt. There is no requirement to completely overhaul the present system, there is just a need to reduce the disadvantages. As recommended by Ola . Nisja, one engineer can be appointed as the agent of the employer for all the roles presented by the contract, except the one of decision maker and when a dispute arises, a new engineer who is not part of the project be brought in to decide on the matterThe concept of an independent Engineer in practice was lost long ago as we moved to the present form. An Engineer independent of the Employer is a myth. However, as we saw, even as an agent of the employer the engineer has to act fairly while acting as a decision maker and giving determinations. It will always be a challenge to the role of an engineer but he has to overcome this shortcoming has to show real professionalism.1 (1854) 5 HLC 72 10 ER 8242 Hudsons Building Contracts (4th ed) Vol II 1853 Ibid, p 2154 ibid5 Perini Corporation v Commonwealth of Australia 1969 2 NSWLR 530.6 Balfour Beatty Civil Engineering Ltd v Docklands Light Railway Ltd (1996) 78 BLR 427 ibid8 Perini (n 5).9 Sub-clause 3.4 FIDIC Red book (1st ed) 1999 FIDIC Yellow Book (1st ed) 199910 Scheldebouw BV v St James Homes (Grovernor Dock) Ltd 2006 EWHC 89 (TCC)11 Charles C MacDonald, Allocation of Risk in Major Infrastructure Projects-Why do we get it so Wrong? (2001 ICLR 345),12 ibid13 Scheldebouw (n 10)

Zang Fu Doctrine in Traditional Chinese Medicine

Zang Fu Doctrine in traditional Chinese Medicine1.0. IntroductionTraditional Chinese practice of medicine brilliantly in a poetic way explains the basic concepts of the correspondence amongst man and nature, the integrity of gentle body and mind, and precaution of a dynamic balance of lifetime activities under the influence of the internal and external environments. Confucianism and Daoism philosophies summarized and synthesized knowledge and lay the foundation for establishing a unique theoretical corpse for Traditional Chinese medicine.The generative and revelatory perceptions in the traditional Chinese medicine explain that the magnetic core is the master of Zang fu. The affection is free and gives orders to its officials the zang fu pipe organs. The heart in Chinese medicine is the totality of psychological, physiologic, intellectual, and spiritual interaction with Zang fu unity. This unity is reignled by the master heart. intent is considered as Sovereign fire (Jun Hou) and minister fire (Chen Hou), having forked aspects yet being one Zang.The word Xin (Heart) is imbedded in the Chinese culture, and language and is present in centre of thought and Chinese medicine. In western scathe Heart can be considered as a physically internal organ that pumps blood for circulation in terms of its bodily functions However, in Chinese it is the predilection of the mental Heart, which has a long and rich cultural history through which the concept of heart has been formed. In Chinese the Heart is called Xin and referred as the organ of view and the seat of thought and emotions.The fundamentals of Chinese Medical Theory gives various functional qualities of the Heart and this epistemology arises from Taoist observation, Confucian reflection. Confucianism and Daoism be the two poles of one and the comparable axis The traditional Chinese medicine is an indispensable treasure house of the splendid classic culture. They differ, but both considered Heart as the l ocus of governance.1.2 preachingAnatomical DescriptionThe Heart is described in the canon of medicine and the classic of Difficulties (1st or 2nd B.C.) as an organ situated in the dresser with its apex contacting the diaphragm and the Lungs, and its beat can be seen or felt under the nipple, serving as the source of the pulse beat. Inside the heart in that location are seven bellowing places. And surrounding the heart is the pericardium. The Heart looks like a lotus in bud, below the lungs and above the liver. (Yi Xue Ru Men or the ABC of Medicine, 1575). This refers to the same organ as in western medicine. (Zhufan, 1985).Heart Physiology and PathologyBottom of FormTop of FormBottom of FormThe main physiological function of the Heart is to govern blood and to control the mind.. Governing Blood (Xue)Heart beats derive blood to circulate continuously through the vessels to treasure allParts of the body. This is achieved by Heart blood in the vessels and the dynamicforce that dri ves the blood called Heart Qi.Controlling the mind (Shen)The function of the heart to control the mind is known as the heart storing spirit. Broadly refers to dominator of life activities and in narrow sense a collective term for cognition, thinking, consciousness and mental states. The heart governs the mental activities.The Role of Zang Fu Doctrine in TCMThe doctrine Zang Fu is the theory of organ manfestations.This theory originated as early as 2000 years ago and its description appeared in the classic book The Canon of Medicine. Zang-fu is a collective name for all internal organs. There are five zang organs-the Heart, Lungs, Spleen, Liver and Kidneys, and six Fu organs-the Gallbladder, Stomach, Small Intestine, greathearted Intestine, Bladder, and Triple energizer. Also there are extraordinary organs-the brain, marrow, bones, vessels, and uterus (also the Gallbladder).Zang organs transform, produce and store and do not discharge whereas Fu organs are hollow and transport, dige st food and discharge. The extraordinary organs store essential substance except the gallbladder stores bile and discharges.it. The Heart is a vital zang organ and governs the life activities of the whole body. It is called an organ of monarch in Huangdi Neijing. (Wu changguo,zhu zhongbao,2002)The Table.1 shows the relationship between heart and body, the sensational organs and the orificesTable 1. Relationship between Heart and Zang-Organ Network and sensory orificesThe heart and body inter-relationships1. The Heart governs and controls the blood vesselsThe Heart governs the blood in two waysTransforming Food-Qi into blood.Circulation of blood similar to western medicine. Although in Chinese medicine the lungs, spleen and liver play a role in the circulation of blood. The vascular system is directly connected with Heart, and the blood circulating within the vessels is driven by Heart Qi.2. The Heart reflects in the complexionThe colour and luster of the complexion depends on the c irculation of blood. A rosy and lustrous complexion is a sign of ruddy Heart.3. Relations with the FluidsBoth sweat and liquid part of blood originate from the fluid assimilated from food and drink. The sweat and blood have the same source. Blood is rule by Heart and sweat comes from the liquid part of blood, so it is called the fluid of the Heart. The neighboring relationship between blood and sweat exists not only in physiological conditions but also in pathological changes.4. Housing Mind Spirit (Shen)The Heart houses the mind. TCM sees the Heart as the organ that is responsible for the minds activities.Among all mental activities, shen is utmost important. Shen means the comprehensive manifestation of life activities, such as spirit, consciousness and thinking. There is a close relation between the blood and shen.As Blood gives energy for mental activities. Only when the blood circulation normal can shen be in good order. Being the supreme ruler the Heart not only rules all the physical activities of other zang-organs, but also governs all the mental activities related to other zang-organs. The seven emotions and the five modes of the wu shen all are regulated by Heart.Wu shen modes are attributed to zang-organ networks as shown below Table.2 Attribution of Mental Activities and Emotions to Zang-OrgansShen dominates the movement of blood (yin) and Qi (yang) and this factor is core factor in the Chinese medicine.Shen controls Jing and Qi, which are the founding substances of the body. Although Shen is dependent on pre-natal and post natal Jing Qi for a continuous supply Shen require blood for all activities. Blood statistical distribution takes place through the blood vessels, and the blood vessels house Shen.Huang Neijing (,)Since the mind resides in the Heart and if the heart blood is strong a person will hypnoid easily and the sleep will be sound. When the mind has no residence it will cause inability to fall asleep leading to a ill sleep. Therefor e all dreams are related to the Heart.5. Heart Paired with Small IntestineZang organs are paired and depart residence to shen. And the Fu organs provide transportation. Fu organs store and discharge materials. The relationship between Heart and the small intestineIs of similar nature. The small intestine separates pure nutrients and from the turbid waste thusly Spleen absorbs, and transports and transfers the clear nutrients to the zang organs for storage. Water waste is discharged by the Kidneys. And solids discharges by Large intestines.The small intestines is closely related to the Heart physiologically and pathologically through its meridians connected with Heart Meridian.6. The Heart opens into the tongueThe heart masters the tongue (she) (suwen chapter 5)Tongue is seen as a mirror of heart or offshoot of the HeartHeart and tongue are internally connected with each other. The heart controls the colour, form and appearance of the tongue. Especially the tip of tongue. It also controls the sense of taste. The heart influences the tongue, talking and speech.7. The Protection shield of HeartAs an organ Pericardium is closely related to the Heart as the outer membrane covering of the Heart providing a shield. Against exterior pathogenic attacks. The Pericardium has similar functions as the Heart.Pericardium has deep influence on the state of the main especially emotional state. Heart being the supreme zang organ needs maximum protection and Pericardium is its last line of defense before any exterior pathogen penetrates the Heart. Therefore pericardium and Heart have a very close relationship.1.3 ConclusionThe traditional Chinese medicine extensively shares the world view of ancient Chinese philosophy, that the human as an integral part of nature and as replica of the universe, so that they correspond to each other in various ways. Cosmological theories of yin-yang, the five elements, and the Qi explain the formation of the universe.Chinese linguistic manife st shows that the Chinese Xin Heart is culturally conceptualized in the central faculty of cognition, which is the agent of thinking, feeling, understanding, knowing, reasoning and judging, as the seat of both mental and emotional lives of a human being.Chinese Heart is simultaneously mental, spiritual, moral, intellectual, rational, volutional,Temperamental, and emotional. There are no two hearts but one single zang having twoaspects.1.4 References.Michael Gershon, author of The Second intelligencea short history of Chinese philosophy of Fung Yu-LAN 1966 17-19wu changguo,zhu zhongbao,2002)

Environmental challenges of the airline industry

Environmental challenges of the ambienceline diligenceThe airline industry has to depend one of its biggest challenges yet, in a world directly of ball-shaped recession, global warming and increasing shortages of raw materials. These factors as well as an other(prenominal) challenges included in the analysis of the marketing environment of Aer Arann depart be explained, so that to analyse how it can succeed and survive among its competitors.PESTELPoliticalThe EU Emissions Trading Scheme (EU ETS) is a step to face climate diverge and it aims to control industrial greenhouse gas emissions. It was launched in 2005 and it imposes a limit on the total amount of gas emissions that a factory or other systems are al uttered to have. So companies can receive emission allowances which they may sell or buy when it is pick outed. The airline business industry go forth join the scheme in 2012 since it contributes increasingly to climate change. Emissions in this industry were increas ed by 100% from 1990 to 2006 (www.ec.europa.eu, 22/11/2010). This situation creates a long-term challenge for Aer Arann, because their cost forget increase. Fortunately in 2006 Aer Arann made a purchase of 180 million for decade untested ATR 72-500 aircraft which are environmentally friendly since they have lower emissions of CO2, because of trim burn down burn. They use up to 70% less(prenominal) fuel than other jets travel the same routes. However they give still have to comply to the new emissions regulation so their be go away increase (www.aerarann.com, 22/11/2010).Garry Cullen, Managing Director stated Aer Arann is committed to the principles of energy efficiency. Whilst the contribution of the aviation industry towards global warming is significantly less than other large polluters, our new ATR aircraft are recognised as the most fuel efficient aircraft in their category, emitting 20% less CO2 per passenger-km than newer jets. The ATR operates to a greater extent th an(prenominal) efficiently than jet aircraft on short-haul routes (www.aerarann.com, 22/11/2010).EconomicDuring the economic crisis nodes do non travel so often whether it is for unfilled or business so the demand falls. Aer Aranns passenger numbers went down by 20% in 2008 and that is why they announced 20% sale at that metre even though a few months earlier they had carried a record number of passengers (www.aerarann.com, 23/11/2010).The subject of the annual general merging of the International Air Transport Association (IATA) in Berlin 2010 was that Airlines look to overcome industry turbulence and cope with an oil price spike, a big pull down in passenger numbers call subject to the global downturn and the volcanic ash cloud recently in Europe. Despite all these negative factors, IATAs up-to-the-minute figures show that global air traffic is back at the levels it was before the recession started. However profit margins for airlines are still tight (www.bbc.co.uk, 23/11 /2010).Article reporter states Northern Ireland has become one of the fiercest battlegrounds in the cut-price flight business. Budget airlines argue that the recession could actually be helpful for them in the long term for the reason that business travellers would switch to low-fares carriers (www.bbc.co.uk. 23/11/2010).Exchange rate variations can affect demand for air transport because customers will prefer to purchase a ticket when the rate will be better for them. Aer Arann operates a route from LOrient to the UK so it is significantly affected as nonplus to euro currency can change.Much of the initial growth and success of the federation is due to the fact that Aer Arann has a competitive advantage among its competitors. Much of this ripening is due to the company being awarded Public Service Obligation (PSO) routes by the government (D.Jobber, 2007, p.66). PSO routes are given by the government to the airline to create access to and from precise regions which were not sup ported by commercializedly operated services (D.Jobber, 2007, p.66). The PSO routes are aiming to encourage tourism and business travellers to access these regions by air and not only with other means of transport. When an airline is awarded with a PSO route it has exclusivity on it for three years, so it is a good source of profit. Aer Arann gained almost 18.5 million from PSO routes in the past (D.Jobber, 2007, p.66). Aer Arann was awarded by the Irish Government to operate in Ireland nationally, from Dublin to Galway, Sligo, Donegal and Kerry (D.Jobber, 2007, p.66). virtually of these locations are airports with shorter runways and this is an advantage for Aer Arann because of the small aircraft it operates. However PSO routes are awarded for three years only so Aer Arann should not be based on them on the longer term. There is not so much competition in PSO routes from other airlines when they do not have permission from the government except Loganair which operates some of th e PSO routes in Ireland.Socio-culturalThe airline industry as we k immediately from the past can be affected negatively by global socio-cultural factors such as diseases and terrorism attacks. Some of them are the SARS, swine flu, terrorism attacks in London and September 11th in New York (D.Jobber, 2007, p.66). For these reasons Airline companies and airports worldwide were challenged to evolve their policies and procedures and spent further costs and prison term in the safety of the customers (www.ehow.com, 24/11/2010). The other aspect of socio-cultural factors affecting the airline industry has to do with trends, social structure, income and the culture in general of the customers. For pillowcase each individual will act in accordance with his/her social and geographical musculus quadriceps femoris and travel where friends will travel or where it is the best option for that season. So as the society changes, so must the airline industry if it intends to succeed.Technological applied science had a huge impact on consumers lives and companies profits. Technological evolution can offer opportunities for new product development and threats to existing markets. So marketing now is conducted differently because internet technology has allowed companies to communicate with the customers and distribute their product differently and more efficiently. This is called digital marketing (D.Jobber, 2007, p.67). In the case of Aer Arann the new product development is the online booking system they had launched successfully in 2006 and the threatened existing market are the travel agents. Online bookings are currently 80% of all Aer Arann sales (www.aerarann.com, 24/11/2010). Micheal OCallarain, Marketing Manager, Aer Arann said We are continually looking at ways to enhance our service and believe that this new online functionality will prove invaluable to many of our passengers (www.aerarann.com, 24/11/2010). On the other hand it is not always a positive aspect becau se now consumers are more inform and have more access to information with a wider choice of airlines to hold from, so the airlines should lower their prices in ensnare to compete with each other.Environmental ane of the most important environmental factors concerning the world nowadays is global warming and climate change caused by greenhouse gases and this is why EU ETS exists. As either form of industry in the world has to consider this and comply with the emissions regulations so as the airline industry has to do it, at extra costs because it contributes to the air pollution (www.ec.europa.eu, 24/11/2010).Other physical environmental factors have affected the UK, the worldwide economy and especially airlines. The eruption of the Icelandic volcano a few months ago with the biggest ash cloud over Europe caused disruption for thousands of travellers in Europe and rest of the world (www.bbc.co.uk, 24/11/2010). At that clip most of the EU countries were not allowed to operate any flights, so the effect on costs of the airlines was huge (www.bbc.co.uk, 24/11/2010). Met Office issued severe hold warnings for icy roads and snow for central and eastern Scotland and eastern parts of Northern Ireland these days. Several flights have been cancelled in the north of England after more heavy snowfall and Durham Tees Valley Airport and Newcastle Airport were closed (www.bbc.co.uk, 29/11/2010).The increasing shortages of raw material, specifically oil is another environmental factor which is not in favour of Aer Arann. Oil is a non-renewable source and it is impossible for most industries to exist without it. Fluctuations in oil prices happen all the time depending on different factors, therefore an increase in price will mean that Aer Arann should be prepared for it in the long run, unless a contract with its provider is signed which will state a standard price for a long time. However a positive aspect to this factor is that Aer Arann is operating the ten new ATR 72 -500 aircraft which are much more economical and need less fuel than other jets. So an increase in prices will affect more other airlines and less Aer Arann. It is worth mentioning here the economic situation in Ireland since Aer Arann is an Irish Carrier and it is affected. Reuters states that oil increased to a two-week advanced after the European Union approved a rescue platform for Ireland. Oil lost its upward change after rising for two weeks as the rescue plan for Ireland failed to calm the concerns about the health of other EU members (www.reuters.com, 29/11/2010).LegalThe government has increased taxation of the airline industry. The Independent states that the increase in 2010 of Air Passenger Duty (APD) will bother family holidays unaffordable for many (www.independent.co.uk, 27/11/2010). It certainly has to be the last time that the travelling public faces APD rises. Some also suggest replacing APD with a per-plane tax, so customers could choose between airlines but no t all the travel industry will agree on this. From the 1st of November 2010 passengers will have to comport for APD a percentage increase from 9% up to 55% depending on how many miles they are travelling in contrast with last year (www.independent.co.uk, 27/11/2010). This is why in such economic situations people prefer to travel by car, bus or train to closer locations for holidays rather than by plane so airline industries are concerned (www.bbc.co.uk, 29/11/2010). Aer Aranns customers will have to face these new taxes but these shouldnt cause high price rise because Aer Arann is a regional airline which operates in the UK, Ireland and some routes from LOrient. So its customers will not have to worry for APD up to 55% since they do not travel so many miles.PORTERS FIVE FORCESThreat of Entry active airlines such as Aer Arann are not concerned so much about new entries in the airline industry but are more concerned with the existing competition they have from similar types of airli nes operating the same routes and have similar prices. In the airline industry there is not so much thread of new airlines since the costs for new entries are huge. The required initial capital is massive, professional experience in this field is required, operation costs are huge and the assets and financing will cost a lot as well. Furthermore airline companies need to comply with EU and International regulations and they need approval for flight operations.Threat of substitutesThe more actual or potential substitutes exist for the product, the more unattractive the segment is (Kotler, 2009, p.305). Aer Arann does not only compete with other airlines but also with other modes of transport since it is a regional airline. These substitutes for air transport are road, rail, bus and ferry (D.Jobber, 2007, p.69). These substitutes affect the prices that Aer Arann offers and its profits. The advantage of air travelling is that it is much faster, although increased delays at airports due to safety precautions and air traffic control delays have lengthened the time needed. These substitutes may need more time to arrive to each destination but they cost much less and this is why Aer Arann has so low prices and makes offers and discounts. Business travellers are more likely to choose the airline transportation since they have to get to their destination quickly and they do not always worry about the extra cost because their companies may pay for it. Leisure travellers are more likely to choose the other modes of transport since they are cheaper or they might want to enjoy the journey.Bargaining power of buyersA product or service becomes unattractive when buyers have strong bargaining power. This power becomes stronger when buyers are better informed so they are more selective, when substitution costs are low, or when buyers are price sensitive because of the recession. The way they become more nonionic is the internet, so the best option for AerArann is to make ma estro offers (Kotler, 2009, p.305). Buyer power in PSO routes is not so strong because Aer Arann was awarded four out of six PSO routes in Ireland. However there is competition in commercial routes by Ryanair and Loganair. This is where buyer power is high because switching costs are not much or even in some cases Rynairs prices are lower. For example the ticket price from Aer Arann for the 1st of December 2010 to travel from Dublin to Edinburgh costs 139.99 but from Ryanair costs only 44.99 same day, same route (www.ryanair.com, www.aerarann.com, 29/11/2010).Bargaining power of suppliersThe threat from bargaining power of suppliers is high for Aer Arann. Suppliers are becoming more powerful since there are few or no substitutes at all and the product is an important input. The product in the case of Aer Arann if fuel which is an absolute necessity for airlines. Aer Arann has to deal with unstable prices because of the limited amount of oil reserves. The best way to face this proble m is to have good relationships with the suppliers and sign a contract with them for a certain period of time at a reasonable price so that Aer Arann will not be affected when oil prices are increased again.Airports are also considered as a high power supplier. Aer Arann has to face increasing charges from the airports is operates. These charges include runway movement charge, aircraft parking, air bridge use and passenger charge. Dublin Airport and Shannon Airport are considering increases in charges (www.dublinairport.com, www.airportcharges.com, 29/11/2010). Aer Arann should create trustworthy relationships together with the airports and this is why a five-year deal was announced with Southend Airport (www.news.bbc.co.uk, 29/11/2010) competitive RivalryCompetitive rivalry is a challenge that Aer Arann has to consider in order to succeed. There is not much competition on PSO routes except from Loganair which operates two PSO routes. On the commercially operated routes there is a l ot of competition mainly from Ryanair, Aer Lingus and British Airways. However Aer Arann and Aer Lingus have announced a franchise agreement between them for specific routes (www.aerarann.com, 28/11/2010). Aer Arann is known as one of the fastest-growing regional airlines in Europe because of the strategy it follows and the competitive advantage it has (D.Jobber, 2007, p.66). The strategy of the company includes no chech-in fees, lowest sign in time in Ireland, allocated seating and direct flight to where customers want (www.aerarann.com, 28/11/2010). A disadvantage emerging from the competition is that Ryanair is considered a leading low cost operator and this is justified by some lower cost offers than Aer Arann so it is a big challenge. However Ryanair operates larger types of aircraft so they are not able to use shorter runways as Aer Arann and Ryanair will have to spend much more for emission allowances.(2) What marketing recommendations would you make to Aer Arann in order fo r it to enjoy sustained and ongoing commercial success?One of the most important aspects and key factors for the success of Aer Arann is the leadership and governance structure. Through the development of an excellent leadership the company is guaranteed to go the right way in the future. The experience and capabilities of employees are ingredients to the successful running of the business. Quality in the management of the company is crucial in order to face the challenges of the future, to make the right decisions when required and most importantly to push the business forward rather than let it fall down to the bottom when common situations arise.Another suggestion which also has to do with the companys actors, concerns the right selection of employees. The companys employees can be described as valuable assets because they affect directly the good will and reputation of the company. The relationship between customers and employees is very important in order to achieve long-term and repetitive sales and therefore profit maximization. Therefore, careful selection of the staff is required and qualifications such as professionalism, willingness, friendliness and courteousness, should be fundamental criteria.The promotion of Aer Arann through the various travelling and business magazines is another suggestion to pressurise the performance of the business. A range of marketing strategies such as special offers, discounts and awards can be promoted on the website of the company, in order to attract the attention of the customers. For example, to make the company well-known through internet advertisements, online social networks and Google.Aer Araan should seek for the best supplier option and build good relationships with them. If the company enters into a contract with its fuel supplier for supplying them with fuel for an agreed price over a certain period, then the company will be able to save costs from the rising prices for fuel.Also, another important idea for Aer Arann, will be to watch carefully the activities of their competitors in order to be prepared for their strategies. By keeping an nitty-gritty on the progression of other companies, will help them not only to predict but also to compete with their activities. For example, Rynairs low-cost fares offers during selected days of the week will be a good starting point to be replicated.Furthermore, the creation of a loyal customer award scheme is another strategic design for the company. It will work on the basis of collecting points when buying a ticket and after a completion of a certain amount of points the customer will be able to exchange those points with a free ticket or a discount on a ticket. By applying this scheme, the company will attract more customers and also will secure returning customers.In the field of the corporate social responsibility of the company, there is a proposal to link up itself with green activities. The awareness of our society for the environm ent has increased significantly over the past decades and any kind of help from the company would be appreciated by the customers and the society as a whole. For example, short-term campaigns that will donate a small amount from the price of the ticket for environmental purposes can be organised periodically. This will significantly help to improve companys reputation.Another idea that the company can adopt, is the involvement with the sports teams of the country. Aer Arann can attempt a partnership with sports teams in Ireland or the UK and be the exclusive airline for these teams. Also they can be sponsors of important sports events and teams in order to promote the company and strengthen their reputation.Finally, the company is suggested to assess which routes are more profitable and minimize the number of flights which are less profitable and even suspend those which are non-profitable. Moreover, the company in order to be able to develop and produce what customers demand, is su ggested to carry out some customer-satisfaction and evaluation researches which will be focusing on aspects such as customer satisfaction, services assessment, spirit about the prices. Then the company will be able to improve any weaknesses.

Arguments :: essays research papers

Discussions on various topics come up anywhere there is great deal with certain thoughts. These discussions will come up from out of nowhere and from anywhere. When a discussion becomes a heated debate as two parties utter support and forth then it is an argument. Winning those arguments, whether you know or do not know what you are talking about, is a great feeling. Here is how to win arguments, when you moment out no clue of what the argument entails, by making things up, using meaningless but weighty-sounding words and phrases, and by using snappy comebacks.Making things up is harder than it seems. do up phrases just cant be off the top of your head, they have to be thought out. Suppose, in a Peruvian economy argument, you are exhausting to prove Peruvians are underpaid, a position you stern solely on the fact that YOU are underpaid, and you are damned if you are going to let a bunch of Peruvians be better off. DONT say "I think Peruvians are underpaid." Say "T he average Peruvians salary in 1981 dollars adjusted for the revised tax base is $1,452.81 per annum, which is $836.07 before the mean gross poverty level." This second statement suggests the same thought, yet expresses it in a way that sounds more sophisticated and in turn the arguer looks better.Next, custom meaningless but weighty-sounding words and phrases. To do this, a list needs to be entered into memory. Stylish words and phrases include let me beat it this way, in terms of, vis--vis, per se, as it were, qua, and so to speak. Memorize Latin abbreviations such as "Q.E.D.," "e.g.," and "i.e." These are all short for "I speak Latin, and you do not."Heres how to use these words and phrases. Suppose you want to say "Peruvians would like to order appetizers more often, but they dont have decorous money." Nobody wins arguments talking like that. But you leave alone win if you say "Let me put it this way. In terms of appetizers vis --vis Peruvians qua Peruvians, they would like to order them more often, so to speak, but they do not have enough money per se, as it were. Q.E.D." Only a fool would challenge that statement.Finally, use snappy and irrelevant comebacks. Having an arsenal of all-purpose irrelevant phrases to fire back at opponents when they make valid points is great for a final blow.

Wall Street Essay -- essays research papers

In 1938, and in the teeth of the longest and fiercest depression that the United States had incessantly known, capital spending hit an all time high. Thats right In 1938 the men who owned the States began to pour millions of Dollars into new plant and equipment as if there was no tomorrow. We dont think much about it today, because it has been a long time since the United States has experienced a real trick out jolting economic slowdown. The fact is, however, that the very best time for the industrialist to invest in new technologies is in the middle of a depression. This is because it is at such times that labor, raw materials, and new equipment can be purchased at rock bottom prices. Henry crosswalk may have jumped the gun a bit. He leave off down his River Rouge plant for two years starting in 1932 so that it could be completely rebuilt. Being a bit of a genius, Ford used his time and money to trigger-happyesign the plant to create one of the most powerful little engines ev er built the Ford V8. This engine was so good that it was modified only slightly to equip certain aircraft for use in World War II. It also powered a series of red hot Ford cars all the way through the 1950s. At the same time that Ford was rebuilding his River Rouge plant, Joseph Alois Schumpeter, an Austrian economist who had migrated to Harvard University, was hard at guide on a book that would explain the paradox suggested above, namely the timing of business cycles and technological change. In this all but forgotten work one of our most famous economists spelled out the secrets of the business cycle, that is the same old pattern of boom and bust that may be coming back to ghostwrite us now.Many, if not most, American college students know Schumpeters name because of his work in defense of free enterprise called Capitalism, Socialism, and Democracy. This was not, however, the book that Schumpeter was working on as America slogged through the mean and hungry 1930s. The book pub lished by Schumpeter in 1939 is called " Business Cycles A Theoretical, Historical, and Statistical Analysis of the Capitalist Process. " Not only is Schumpeters definitive two volume study of the business cycle not on college reading lists today, but, indeed, it continues to languish in its first edition. The embarrassing truth is that Schumpeters real chef-doeuvre remains almost unread. The present writer checked out this forgo... ...sions , as Schumpeter explains in Business Cycles, is the long term movement of prices generated by long waves of technological change. What goes up has to come back down.There are those who believe that Greenspan would bring down this bull market gently if he could. Certainly he has tried. It is unbelievable that Greenspans gentle jawboning will do this, however, since, as Kindleberger points out, when investors are going hog wild in an inflationary stock market they are only if not willing to listen to reason from the lips of central ban kers and their like. From Schumpeters point of view, the underlying cause of the next market crash, would simply be that the long wave of successfulness that began in 1938 is now over. According to Kindlebergers careful history mentioned above the speculative bubble in many past economic crises has often burst as the result of some purely exogenous event. If an army somewhere loses a battle, for example, markets crash as investors run for the exits. The IBD closes its provocative article mentioned above by suggesting that the disreputable Y2K bug might just play the role of the required exogenous force here. Lets hope that they are wrong for once