Critical Discourse Analysis On Imagine English Language Essay

Critical Discourse Analysis On Imagine English Language Essay A song is a relatively short musical composition for the human voice (possibly accompanied by other musical instruments), which features words (lyrics). However, when we are talking about a song, we can not ignore the singer who is going to sing the song and make it popular. Then, when it comes to the singer, we may remember a name called, John Lennon. Almost all people around the world know who John Lennon is and also his band, The Beatles. He already became a pop legend in music history. He had written some hits that are sung again and again until now. Several of his songs were about peace and war. Imagine, which was released in 1971  [2]  , is also one of his popular hits with that topic. With a social theme and a strong message, this song has touched many people. Therefore, it means the words that were chosen for this song are effective and perfectly delivered the message, so it can touch the listeners emotion. The purpose of this essay is to do a critical discourse analysis on Imagine by John Lennon using several theories. The first theory that is used in this essay is critical linguistics by Roger Fowler, Robert Hodge, Gunther Kress, and Tony Trew. Critical linguistics sees language as a social practice and through which a group can empower and spread its ideology (Eriyanto, 2005)  [3]  . This theory analyzes language through two elements, which are vocabularies and grammar. This theory believes that a discourse can convey its ideology based on the choices of vocabularies and also the use of the grammar. Choices of vocabularies can cause few effects in a discourse such as make a classification, limited view, battle of discourse, and marginalization. On the other hands, there are several models in the grammar. Therefore, a discourse would never be neutral because the writer chooses every single word to form the meaning that he/she wants to tell. A discourse always conveys a certain ide a or ideology to the audience. Next, the second theory is the theory that was introduced by Sara Mills. She used to see a discourse from the feminist perspective, how a woman is being portrait in a discourse. Although, she was known more for her womans representation in a discourse, her theory approach can be applied in other fields. If critical linguistics tends to analyze a discourse from the language aspects and how it influenced the audience, Sara Mills sees the position of the actors who perform in a discourse. At first, she compares the position between the subject and the object. Then, she also sees the position of the writer and the reader. Although with its simplicity and clarity  [4]  , Imagine is rich of meaning because anybody can have different interpretation of it. The message of this song is that lets create a world which is peace and no war. This message is repeated again and again in the last part of this stanza. In the first stanza, it is said imagine all the people, living for today, in the second stanza imagine all the people, living life in peace, while in the third stanza, it is said imagine all the people, sharing all the world. The message even becomes stronger with the chorus part, where it is stated the world will be as one. Those clauses form a message to the audience which is to make a better world. Furthermore, the repetition of the message, although in different words, but still have the same meaning, makes the audience get this message easier and then remember it better. The word Imagine itself, besides being used for the title, it also repeated several times in the song.Imagine as a verb means form a picture of in the mind; think of something as probable (Hornby, Cowie, A.C, 1974). Therefore, imagine happens before the reality. Imagine itself has several synonyms. Then, why the writer chooses imagine in the end. Meaning Imagine : to have a picture or idea of something in your mind. 1. Imagine To think about something and form a picture or idea in your mind about it. 2. Visualize / Visualise To form a very clear picture of something or someone in your mind, especially in order to help you prepare to do something or help you to remember something clearly. 3. Picture To have a clear picture of something or someone in your mind, especially because you are trying to imagine what it is like to do something or what someone looks like. Imagine : to imagine something you want to do or want to happen 1. Fantasize / Fantasise To think about something that you would like to do or that you would like to happen, especially when it is very unlikely that you will do it or that it will happen. 2. Daydream To spend a short time imagining something pleasant, so that you forget where you are and what you are doing, especially when you are bored. 3. Dream To imagine something pleasant that you would like to or to happen, especially if it is possible that it might happen. Table 1 : Words related to imagine according to Longman Language Activator, 2006 Every synonyms of the word imagine have the same meaning which is to think about something and form picture in someones mind. Then, why imagine is chosen? Because each words carries certain meaning, sense and also describes different condition, although they all have similar meaning. Visualize and picture describe about thinking something that is already clear. However, we can not feel any clarity sense from the imagine word. As a result, the word imagine is appropriate with the context because the condition, which was peace, that the writer wanted was not clear yet and even until we hear it now, this situation remains not clear. Although it sounds simple and easy to say, peace is something complicated and it depends on who is saying it. Peace is an abstract condition, we cannot really define this condition with words and every body would have different perseption about this. Furthermore, fantasize and daydream are also not appropriate for the song context. Both fantasize and daydream are thinking about something which is out of reach and not likely to happen, or in other words, the possibility to that event to happen

Abridged Literature Review

Many institutions seek authentic and ethical leadership personalities, as a widening body of literature addresses the styles of leadership and their perceived outcome in institutional performance. Servant-leadership, coined by Robert Greenleaf (1970), has spanned a substantial amount of literal interest (SanFacon & Spears, 2010) but there lacks enough empirical evidence regarding the actual demonstration and utilization of servant- leadership in institutions (Crippen, 2005).Worth noting is that practices in most of the current organizations today are geared towards individual interests, and imbedding these profit goals with servant-leadership seems mythical. Various leadership models are applied in education and business institutions. These include servant-leadership, transformational leadership and business leadership models (Hawkins, 2009). Servant-leadership is the most desired model for educational leadership because education imparts the lives of people in all aspects in both in dividual and societal life (Crippen, 2005; Normore, 2010).While campaigning for board membership at schools, most aspiring leaders promise to give back to the society, an admirable quality of a servant-leader. However, as Cassel and Holt (2008) establish, servant-leadership exists only in a literal sense in schools, and there is still a lot to be done as far as actualizing servant-leadership is concerned. Currently, schools are out to seek ways of improving the quality of education and much faith is based on servant- leadership for this objective (Crippen, 2005b; Silva, 2010).Proprietorship in higher education is in existence today, compromising the quality of leadership, yet exemplified real life situations of servant-leadership can be demonstrated through educational leadership of outstanding, highly regarded leaders like Dr. Jim Otten. Concepts of leadership are taught and at the same time practiced in education, and therefore it is important to analyze how servant- leadership ar ticulates with leadership in the education sector. The servant-leadership traits coined by Spears (Crippen, 2005a.) include; listening, empathy, healing, awareness, persuasion, conceptualization, foresight, stewardship, commitment to the growth of others and building community, and have been identified in various literatures. Cassel and Holt (2008) humorously point out that being an unpaid member of the school board does not guarantee one to be a servant-leader, as is the situation in schools, but the ability to exercise the ten innate qualities of leadership. These qualities have been defined by Crippen (2005b. ) through combining the description of other several authors.Listening involves paying a high level of attentiveness and commitment in listening. Boyum (2008) and Crippen (2005) draws the description of servant-leadership from the historical and philosophical works of Greenleaf whereby a servant-leader is described as one who has the innate value and desire to serve others. This indicates that a servant-leader would prioritize the needs of others before the individual self, with the desire to see the followers excel in body, mind and spirit, as a result of their leadership.The servant-leader therefore possesses one of the traits described by Spear (1998) and that is commitment to the growth of others. Additionally, Boyum (2008) highlights two distinguishing features of effective leadership, as being built on relational and interpersonal perspectives. Serving others mean that one has to relate with the followers at personal level, identify and meet their needs through the leadership process. Transformational, transactional and servant-leadership all meet the aspects of interpersonal and interrelation leadership (Boyum, 2008).However, while transformational and transactional leadership encourage interrelationships for the sake of achieving the goals of the leader, servant-leadership focuses on the goals of the followers (Buyom, 2008; Hawkins, 2009; Whale , 2004). How then can the model of servant-leadership be applicable in educational institutes considering that the control-kind of traditional leadership method is rooted in our systems, and that profit-making has become the main center of focus in the institutions? According to Crippen (2005b.) the answer lies in Greenleaf’s philosophy where teachers are cited to have sufficient latitude to nurture the model in young people. Higher education institutes have been faced with leadership crises over the years. According to Normore (2010), environmental pressure changes brought about by globalization, competition and technology among other aspects warrants the change in leadership tactics at the higher education institutes. However, higher education institutes have been at the forefront in teaching and recommending leadership practices, but reluctant in embracing favorable leadership models for their own practice.Normore (2010) reviews the work of Michael Fullan and Geoff Scott ( 2009) who assert that cultural change in the institutions and capacity of leadership must mirror each other. It is only through proactive leadership that the higher education institutions can effectively handle the growing challenges facing the institutions. A proactive leader is one who takes part in the leadership process through subjectivity in the activities of the followers. On the other hand, transactional kind of leadership involves control and creates a sharp distinction between the leaders and the subordinates.Transactional leadership therefore, does not involve being proactive because all the leader has to do is command or give orders of which the subordinates must follow without questioning or doubt, despite whether the outcome is beneficial or disastrous. This kind of leader as cited by Normore (2010) through the works of Fullan and Scott is not equipped to handle the current challenges facing the higher education learning institutes. Unlike the traditional control kind of leadership that gets followers to work through fear and obedience, servant-leadership achieves the same outcome through trust and respect.The leader’s ability to relate with followers and empathize in their situation enables a bond of trust to form between the two parties. People who trust their leaders are able to share openly on information and ideas that will enable development of the society (Shugart, 1999). Notably, transformational leadership also creates a bond of trust where the leaders can delegate duties to the employees while they explore other opportunities for success (Hawkins, 2009). The employees work on the basis of trust and loyalty irrespective of the gain.Trust as cited by Cassel and Holt (2008) can be achieved where the leaders avoid micro managing all aspects in the organizations and let the followers develop through decentralization of leadership. Thomas and Wohlstetter (2010) compare the development progress of various district schools in relation to the community, and their findings reveal that leadership determined the success of the projects a lot. Success was observed where the leaders participated on a hands-on basis rather than control and micromanaging.The society needs people who are empowered to get involved in successful ventures and is only through being led by a servant-leader. The educational institutes need leaders who have the ability to listen, lead and link (Normore 2010). This is also in accordance to the leadership trait outlined by Spear (1998). Listening to subordinates requires a leader with humility, and the trait of humility is associated with servants, unlike in the much upheld transactional leadership where commanding authority is preferred to humbleness.Shugart (1999) highlights the unfortunate situation where transactional leadership has borne egocentric leaders who lead, not on a visionary basis but by their ability to force their own thoughts on followers; a dictatorship kind of rule. Basing in thi s century where transfer of knowledge and innovation are the order of the day, it will be difficult for a powerful authoritative leader to encourage the followers’ thinking into substantiality, and this means that other than the theoretical aspect, the students in universities are not equipped with self- innovative skills where servant-leadership is lacking.Leading entails that the leader is a steward. A steward, according to Shugart (1999) is one who leads the college thoughtfully through challenging times, with the future in focus. A steward ensures that the vision of the college comes to life and is felt at both institutional and societal level. Similarly to Normore (2010), Shugart (1999) agrees that change and continuity should be in coexistence. A steward therefore is responsible in linking the university to the larger society through coherence in terms of communication, diplomacy, persuasion and pubic advocacy (p. 1).According Boyum (2008), values are incorporated in st ewardship. A servant-leader is grounded in values, manages by values and has vision or foresight just as implicated in Spear’s traits of servant- leadership. The issue of values is significant in the context of educational leadership. Familiarly, there have been concerns about practices of turning institutions into business ventures. Earning from an investment cannot be considered evil as such, but it is the practices behind the venture that raises eyebrows; and this entails venturing in both ethical and non ethical practices as long as money is forthcoming.This is one issue that calls for quality management of educational institutions, and it is time that academic institutions face a turnaround in leadership. Normore (2010) highlights that higher education institutes hold greater influences on the lives of students in the future, in relation to the university academy and the society at large. Therefore, leadership practices considered to be ethical and of value should be tau ght and implemented at this stage of the students lives (Herman &Marlowe, 2005). Normore’s (2010) observation aligns with that of Boyum (2008) and Shugart (1999) concerning service to the individual and the society.The component of service to the society was stressed by Robert Greenleaf (Boyum, 1998) an outstanding philosopher in the work of servant-leadership. If these qualities of leadership can enable the higher education institutes to overcome challenges in the 21st century, and place themselves in better positions to achieve their visions in the future; and if these qualities are innate in the servant-leaders, (Wis, 2002) then it is time that higher education institutions embrace servant-leadership in actual practice.Many educational leaders admit that these are tough economic times, and coping with such time require a change of management styles at the institutions (Negron, 2010). However, there are no significant changes embraced in terms of attaining a leadership styl e that can enable higher education institutes cope with the situation. Negron (2010) reviews the quotations of various personalities like policy makers, philanthropists and university presidents among others where the common agenda was to initiate campaign leadership that calls for structures which fit in today’s society.A 2008 study by Waks is illustrated by Ellet (2010) which involved two dozens of influential educational philosophers who were willing to write about their early and current experiences in the field of education, through a semi-structured and open-ended questions interview prepared by Waks (2008). The purpose was to find out the rationale under which a concept is determined through empirical research. The educators point on the importance of using conceptual analysis through critical thinking for the purpose of developing and defending educational goals that are of importance.This means that the students’ rights to quality education despite the proprie ty expectancy of the institution must be upheld. Students need to be equipped with knowledge and skills that will enable them to survive well in the society as well as contribute to the society’s development. Importantly, students need to be equipped with good leadership skills to enable them become good leaders after their teachers (Moore & Berry, 2010; Bowman, 2005). This can only be achieved if there a high coordination and mutual corporation between the associates, superiors and subordinates of the institution.Together they can identify the requirements of the students at the present era and sort out the kind of curricular to be incorporated in the education system. However, where self-interests exceed the societal expectation, it will be difficult to come up with honest, visionary strategies that will benefit students and the community. Servant-leadership therefore requires that the leader be grounded in values (Boyum, 2008) as already stated. A leader who foregoes his d esire to make a lot of money at the expense of the kind of education delivered on the universities.A leader filled with awareness and is able to reconcile the education system with the changing environment. A leader who empathizes with the followers’ situation and is able to make it up to them, that is a leader who is proud to see others excel as a result of the leadership tactics. Hawkins (2009) reports that there is a demand for new community college leaders as the elder ones retire, but the issue of contention is, how well are these new leaders prepared for the task of quality leadership (Moore & Berry, 2010).Although servant-leadership has not garnered substantial empirical evidence to showcase its utilization in educational leadership, there are existing isolated cases of servant- leadership, known to benefit the institution and therefore highly regarded. Richardson (2008) records an interview that reflects a servant-leader. Lisa Harrold, an emerging leader in Steger Sch ool District indiscriminately engages both teachers and students towards attaining their goals. Teachers are provided for all the requirements needed to help students achieve their goals at high levels despite the students’ weaknesses.Crippen (2005b. ) points on the changed leadership style in University of Manitoba. Servant-leadership as indicated by the author can enable schools attain democratization which many schools are adopting. Crippen (2005a, b. ) recommends that schools incorporate servant-leadership through first, reading, discussing and analyzing Greenleaf’s concept of a servant-leader. Secondly, those schools can incorporate the ten qualities of servant-leadership in the development of the school plans. Importantly, the society should be considered in the leadership and development programs of schools.SanFacon and Spears (2010) are proprietors who value servant-leadership. In their work, they describe, three domineering components of servant-leadership; fi rst, the motive behind the leadership process (what is the intention of serving people? ). Second, they state that servant- leadership is defined by the means of achieving the intentions, and third; servant-leadership focuses on the end (that is, the outcome of the leadership process). Changes bring the desire to change leadership styles in the organizations depending on the prevailing circumstance.Globalization and general advancement in knowledge and technology require that educational systems impart students with skills and knowledge that will enable them suit in the current society and meet its needs. Greenleaf’s model of servant-leadership is believed to include the necessities that higher education facilities require to educate the future generation. However, schools have been known to literally propose servant-leadership for their organizations but never practice it in reality. Servant-leadership is based on moral authority, and unlike transactional leadership, servant -leadership warrants a proactive rather than a control leader.Servant-leadership is based first on serving others before self, unlike in transformational leadership. Teachers who are servants are highly regarded because of the transformation of their quality work to their students and the society at large. Changes are taking place, and the old generation of teachers is going into retire. The society is at risk of losing virtuous leaders if servant-leadership is not embraced in reality in the school curricular. There is a wake up call for school leaders to stimulate the innate leadership qualities in teachers and students.The ten qualities of servant-leadership were described to be innate in all individuals by Greenleaf. Further research should focus on determining the quantity of these innate values in the population. References Bowman, R. (2005, July). â€Å"Teacher as servant-leader. † Clearing House, Vol. 78 (6); 257-259. Boyum, G. (2008). The historical and philosophical influences on Greenleaf’s concept of servant- leadership: Setting the stage for theory building. University of Minnesota. Cassel, J. & Holt, T. (2008). â€Å"The servant-leader: Mature and thoughtful board members work for the common good-not for individual gain.† American School Board Journal. Crippen, C. (2005a. ). â€Å"Inclusive education: A servant-leadership perspective. † Educational Canada, Vol, 45(4); 19-22. Crippen, C. (2005b. ). â€Å"The democratic school: First to serve, then to lead. † Canadian Journal of Educational Administration and Policy, Vol, 1(47); 1-17. Ellet, F. (2010). â€Å"Leaders in education: Intellectual self portraits. † Ed. Leonard, Waks. Stud Philos Educ, Vol, 29: 315-320. Hawkins, C. (2009). Leadership theories-managing practices, challenges, suggestions. Michigan: The Community College Enterprise. Herman, D.& Marlowe, M. (2005). â€Å"Modeling meaning in life: The teacher as servant leader. † Reclaiming Chil dren & Youth, Vol. 14(3); 175-178. Moore, R. & Berry, B. (2010). â€Å"The teachers of 2030. How will the teaching profession change in the next 20 years? † Educational Leadership; 36-40 Negro, M. (2010). â€Å"Campaign leadership: New heights for summit. † Currents, Vol, 36(5); 49. Normore, A. (2010). â€Å"Michael Fullan and Geoff Scott, turnaround leadership for Higher Education. † Higher Education, Vol, 59(6); 801-803 Richardson, J. (2008). â€Å"Emerging leader engages students, teachers.† Phi Delta Kappan intenational. SanFacon, G. & Spears, L. (2010). â€Å"Servant-leaders: Embody motive, means and ends. † Leadership Excellence. Michigan: Executive Excellence Publishing. Silva, E. (2010, May). â€Å"Rebuilt it and they will come. † Educational Leadership, Vol, 2: 60- 64 Shugart, S. (1999). A brief philosophy of community college leadership. Florida: Valencia Community College. Thomas, A. & Wohlstetter, P. (2010). Six keys to success: Districts attempting urban reforms can learn from these strategies that work. † American Sch

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Analysis of The Jewish Religion Its Influence Today by Elizabeth Dilling Free Essay Example, 1000 words

In the Talmud, Bammidber Raba c 21 posits that every Jew that spills the blood of the non-Jews is actually doing the same as making a sacrifice to God. I can affirm that the Talmud to this day circulates the blood of the Jewish religion. Whichever customs, laws, and ceremonies the people observe, the Talmud needs to be followed since it is a common law. As a modern Rabbi, the book informs me that socialism is the soul of Judaism. In the same way, we need to embrace diversity. There is much more than I have learned from Dilling s densely authored book, and so will many more readers. This is because Dilling critiques the pernicious practices and attitudes against the non-Jews as it is enshrined in the Rabbinical law and Talmudic law. Considering that the book was authored during the times of war, Elizabeth goes ahead and condemns the various unsavory internal together with external historical practices towards the Jewish communities. Furthermore, within the Jewish Communities themselv es, the all-powerful rabbinical courts kept the Jewish law and order. The court gave out punitive measures for those who violated the halacha laws. We will write a custom essay sample on Analysis of The Jewish Religion: Its Influence Today by Elizabeth Dilling or any topic specifically for you Only $17.96 $11.86/page

Jamming Essay - 969 Words

STUDENT DETAILS ________________________________________ ACAP Student ID: 217097 Name: Miguel Martinez Course: Diploma of Counselling ASSESSMENT DETAILS ________________________________________ Unit/Module: Facilitate the counselling process (CHC8D31V) Educator: Karen Mitchell Assessment Name: Assignment 1- week 4 Assessment Number: 1 Term amp; Year: Term 2 2013 Word Count: 572 (answers only) DECLARATION I declare that this assessment is my own work, based on my own personal research/study . I also declare that this assessment, nor parts of it, has not been previously submitted for any other unit/module or course, and that I have not copied in part or whole or otherwise plagiarised the work of another student and/or†¦show more content†¦3. Identify three important areas to address with clients in the initial counselling session. 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Alejandro Proano and Loukas Lazos proposed a paper titled, â€Å"Packet-Hiding Methods for Preventing Selective Jamming Attacks† where the problem of jamming under an internal threat model is discussed. The adversary will be aware about the network secrets and the implementation details of network protocols at any layer in the network is considered. For launching selective jamming attacks in network ,which it targets on â€Å"high importance† messages the adversary exploit the internal knowledge

Jealousy Free Essays

In Shakespearean plays jealousy usually plays a considerable role in the causing the tragedy. Shakespeare shows great understanding in human nature and human tendencies. One aspect of human nature that he has a lot of insight on is jealousy. We will write a custom essay sample on Jealousy or any similar topic only for you Order Now Shakespeare understands jealousy well, and is able to illustrate how jealousy can bring out the worst in people. In Othello , it is clear that in law relationships will fail because jealousy makes both parties of the relationship act evil.In addition, jealousy can cause the downfall of a marriage. Moreover jealousy can initiate the downfall of a friendship. Jealousy can bring out the evil and irrational actions in a relationship, resulting in the failure of the relationship. Family (In Law) relationships will fail due to both parties acting evilly and irrationally because of jealousy. Jealousy can cause the destruction of a good father daughter relationship causing a father to betray his daughter. Desdemona and his daughter had a good relationship because Barbantio says, â€Å"I therefore vouch again/ That with some mixtures powerful o’er the blood,/ Or with some dram, conjured this effect, He wrought upon her† (Act 1 scene 3, line 103-105). This shows that she would never have wanted to leave her father of her own free will before. However due to the jealousy towards Othello for winning his daughter, Barbantio betrays his own daughter when he says, â€Å"God be with you! I have done. (act 1 scene3 line189).This quote shows that Barbantio disowns and betrays his daughter because he is jealous that she has chose Othello over him, ending their father daughter relationship. Moreover, Barbantio and Othello had a good relationship until jealousy caused Barbantio to become racist. Othello says, â€Å"Her father loved me, oft invited me† (Act 1 scene3 line128), this shows that Barbantio and Othello had a good relationship. Afterwards, Barbantio exclaimed that, â€Å"I’d rather adopt a child then get it. † (Act 1 Scene 3 line 191). Barbantio is saying that he would rather adopt a child then have a half black grandchild.The jealousy causes Barbantio to become racist, ending their relationship. Therefore, jealousy can cause people in a Family(In Law) relationship to act with evil, resulting in the downfall of the family relationship. Jealousy can cause spouses to act evil and irrational, ensuring the downfall of the marriage. Husbands go from trusting their wives to distrusting their wives for the reason that jealousy causes them to, hence ending their marriage. Othello declared, â€Å"My life upon her faith! † in a response to Barbantio uttering, â€Å"She has deceived her father, and may thee. (Act1 scene 3 line 293), this shows that he is fully trusting of Desdemona in the beginning of their marriage. Then Othello becomes jealous of Cassio because he believes that Cassio is sleepingwith Desdemona, this jealousy initiates Othello’s distrust in Desdemona. This distrust towards Desdemona results in Othello not believing Desdemona when she says that she is a â€Å"true/ and loyal wife† (Act 4 scene 2 line 34-5) results in the end of the relationship because Othello slays her because he suspects that she is cheating.Furthermore, jealousy can cause a member of the relationship to act illogically resulting in the collapse of the relationship. Othello started out as a very sensible person who would always think of a logical solution. For example, when Barbantio came to fight him he talked them out of a battle, he says, â₠¬Å"Hold your hands,/ Both you of my inclining and the rest. /Were it my cue to fight, I should have known it/ Without a prompter† (Act1 Scene2 Line 83-85). This shows that he was in a logical state of mind before the jealousy caused him to become unreasonable.He became so unreasonable that he started seeing what the jealousy inside of him wanted to see. The jealousy caused him to be unreasonable to the point where a simple hanker chief, that Desdemona could have easily lost, triggered him into thinking that Desdemona and Cassio are having an affair, which led to him plotting to kill both of them. Additionally, Othello and Desdemona’s have a very pleasant marriage, until abuse starts because of jealousy. Othello went from show enormous amounts of affection towards Desdemona.When Othellos sees Desdemona for the first time in Cyprus he exclaims, â€Å"O my fair warrior† (act2 scene1 line 177) then Desdemona replies, â€Å"My dear Othello! â€Å"(Act 2 Scene1 Lines 178). This shows that there is a lot of affection in their relationship prior to jealousy making Othello very abusive. Othello becomes jealous that Desdemona is sleeping with Cassio, so his suspicion lead to him abusing Desdemona mentally by calling her a â€Å"Whore†. As a result, jealousy can evolve into the hammer that can break a wedlock! How to cite Jealousy, Papers

Business and Corporation Law Business Ethics

Question: Discuss about the Business and Corporation Law for Business Ethics. Answer: Introduction: Consideration is the value that a party gets in a formal contract in exchange of some promise or value. No contract without consideration can be enforceable by law. It is necessary that consideration cannot be based on past performance. Consideration should be the valid as per the law. Payment of debt cannot be considered as valid consideration (Smith et al, 2013). For example in bank loan, the loan amount is consideration for the party for which party ready to pay the principle amount with the interest and for bank interest is consideration for that they are remitting loan to party. Therefore, consideration refers to exchange of some promise or value by the parties. Issue Analysis - Jane has Lotus Super 7 sports car. She is going to overseas and due to that reason she offers her car to jack. It is also given that the market value of the car is $25000. Jack accepts this offer. Rules- As per the language of law, consideration stands for exchange of promise or products having some worth. Consideration can be one thing, which is received by one party in exchange of some promise or valuable. From point of view of Jack, there is nothing performed or promised by Jack, so car cannot be stated as consideration for Jack. Therefore, in this case there is no consideration (Slorach and Ellis, 2016). It is mandatory as per law in the agreement that consideration must be exchanged by the parties. For example A completes his diploma in engineering. After completion of diploma, he offers his books to one of his friends i.e. B. Market price of books in good condition is $2000. B accepts this offer. In this situation, there is no consideration, as there is no any promise made by B for which A has offered his books. This agreement is not enforceable by law, because there is no consideration in this agreement and consideration is mandatory for a valid agreement and a valid contract. In this offer, there is no disclosure of the money or price, on which Jane offers her car to jack. Only the market price of product is given in the case. Jack accepts this offer. It cannot be considered that Jane has offered her car for purpose of sell. It is possible that Jane had offered the car is gift. So, in this situation, there is no consideration (Lambiris and Griffin, 2015). Issue analysis Jane offer to sale her Lotus Super 7 sports car to jack. She coats the price of offer as $25000. The market value of Lotus Super 7 sports car in the good condition is approximately $25000. Jack accepts the offer of Jane. Enforceability of agreement This agreement is enforceable by law. In this contract, all the things of valid contract are clearly mentioned. Consideration is present in this case for both the parties, as both the parties are exchanging some value. In this case, car is consideration for Jack and for Jane, the consideration is $25000 paid by jack. For enforceability of law, it is also necessary that consideration should be legal and this thing is available here. The presence of offer and acceptance are mandatory in an agreement. Example A offers to sell his books to B at a price of $200. The market price of books are in good condition is $200. B accepts this offer. This is an example of where consider is present since there is an offer and acceptance. In this case, Jane offers to Jack his car at $25000 and jack accepts the offer. The free consent of both the parties is also available in this agreement (Jones, 2013). Both the parties are willing to do the contract and exchange the consideration. There is no undue influence in given case. All the essential elements of valid contract are present in given case such as free consent, consideration, offer, and acceptance, legal object are present in the contract (Smith et al, 2013). Therefore, after all the evaluation it proofs that the agreement is enforceable by law and valid. Issue Analysis Jane offers her sports car to Jack. Offer price that is by quoted by Jane is $2500. The market value of Lotus Super 7 sports in good condition is $25000. Jack agrees to the offer of Jane. Enforceability of Agreement In this agreement, the offer price that is quoted by Jane is very low in comparison to the present market price. The offer price of car is $2500 and the present market price is $25000. However, this difference in the prices do not affects the agreements legality (Marson, 2013). The reason behind this is both the parties are agreeing to perform this agreement. No party forces another party to perform the agreement. There is free consent of parties are there in the contract. In addition to this, there is no consideration in law of Australia that the value of consideration must be equal to market price of the assets. As per law, the value of same assets may differ from person to person. For example, the value of car may be $2500 for Jane, as she is leaving for overseas. This agreement is enforceable by law, because in this case there is no information that makes this agreement void or voidable. Example A offers to sell his books to B at price of $15. The market price of books are in good condition is $200. B accepts this offer. In this case, the offer value of books differs from market value of books. But there is valid consideration in the offer and acceptance. For this reason, it may form a valid contract. The consideration in this agreement is present for both the parties. For Jane the consideration is $2500 that is obtained from Jack (MacIntyre, 2015). At the same time, car is consideration for Jack. Therefore, this contract is valid. Issue Shipbuilders build a contract with North Ocean Tankers to build a tanker. This contract is done in US dollar but at the time of contract, they do not mention any information about currency fluctuations in future. But when the United States devaluated dollar by 10 percent then shipbuilder asked that buyer pays extra US$ 3 million, if it was not done, then it would stop the construction of tanker midway only. In this situation, the buyer had to pay extra amount because North Ocean Tankers already booked a charter for the delivering the tanker. But after the nine months of delivery, buyer didnt take any action to recover the excess payment. Now, buyer wants to take action against the excess payment. This issue is to be analysed whether at this time North Ocean Tankers will be successful or not in recovering the excess payment. Rules of Law: In this case below law is identified, which can be applied: Duress: Duress is a condition in, which the individual is threatened to enter into a contract. In the current time, Duress includes the violence and illegal threats but courts have the different economic duress to increase the validity of claim. When an individual enters into this type of contract then it has the power to terminate contract. Along with this, the basis of duress includes the free consent and it operates based on the common law. Apart from this, undue influence is also a contract or condition, which affects the mutual consent of the contractors. This condition helps the individual in taking the advantage of trust during a contract (Wild et al 2014). Furthermore, it includes the situation where one party has the better position over the another party. This contract and condition doesnt involve the duresss threats but at same time it involves the uncontrolled pressure of the party. Duress to the person: Duress of the person can be expressed by the threat of violence. In this type contract, a person or individual comes by the fear of threat of physical violence. This type situation has the needs to prove that pressure was the reason and what was the cause behind entering into contract (Mann and Roberts, 2011). If the individual is not able to prove the reason then the contract can set aside by the court on the basis of threats. Duress to goods: The threat of damage or crush the property may duress. Along with this, threat to seize and detain the goods through the wrongfully is also called the duress. Apart from this, when a person or individual enters into contract through the pressure and pay extra money for the recovering the goods in terms of avoid the seizer and damage of goods (Trevino and Nelson, 2010). For this type of situation courts recognized that, the concerned party has no alternatives and they can claim for the duress. Economic duress: Economic duress occurs in the situation, when the threat of the contract cancellation situation occurs. But if they want the contract to continue then on party agrees on the other parties demands. Apart from this, doctrine of economic duress is a specific and separate doctrine, which helps in the providing solution for the difficulties in the commercial transactions at the time of contract formulation (Fried, 2015). In this case, the doctrine of economic duress will be applied because at the time of contract formation, they dont make any consent about the currency devaluation. Along with this, doctrine of economic duress covered the different aspects such as someone enters into the contract for the threat to damage the financial interest and other different kinds of the threats (Chandler, 2015). Therefore, doctrine of economic duress include the some essentials, in particular case that shipbuilder makes pressure on the North Ocean Tankers to pay excess payment to take the delivery of tanker, which is illegal (Spark, 2013). Moreover, shipbuilder also maker a pressure on the North Ocean Tankers that for completion of tanker buyer make the excess payment, if it will not done the work of the tanker will be stopped in mid only. This pressure of shipbuilder forced the North Ocean Tankers to enter into a contract, which is illegal. Conclusion: Shipbuilder company made a contract with the North Ocean Tankers. After the half construction of tanker shipbuilder told to North Ocean Tankers that they pay an additional sum of US$3 million to meet the losses from the devaluation of currency by 10 per cent by the United States if it will not done then the construction of the tanker will be stopped at the mid. If the contract is cancelled by the client because tanker is not ready it would affect the reputation of company and this can might the reason of heavy claims. Moreover, this increases the cost of the North Ocean Tankers because they additionally make a contract with a charter company for the delivery. On the basis of above discussion, it can be concluded that North Ocean Tankers made an additional payment to shipbuilder under the duress so, now North Ocean Tankers is the able to recover its excess payment after the nine months as per the provisions of the contract law. Remedies The major issue in this case is that the shipbuilder puts the pressure on the North ocean tanker and threatens them that they pay the amount i.e. $3million and if not then they breach the contract midway and stop further work. North ocean tankers had already entered into a contract with a charter company for the delivery of tanker. Therefore, at this time they pay the extra amount to the shipbuilder to avoid the loss of business and reputation. After the nine months, North ocean tanker can go to the court for indemnify loss because North ocean tankers made the payment to shipbuilder in the duress and due to intimidation. In this case, North ocean tankers can be successful in the recovery of excess payment. For this particular case, evidences can be collected from the Kolmar Group AG Vs Traxpo Enterprises Pvt Ltd. Case. In this case, the contract was done for the supply of methanol, but Traxpo refused the supply of goods on the predetermined price and offer to Kolmar Group that if company wants to take the supply of methanol for this company, then they should pay extra price. Therefore, company accepts the new prices if it is not done as the company stopped the supply of methanol (Andrews, 2015). At this time, Kolmar Group have the requirement of the supply of methanol so, under pressure Kolmar Group accepts the contract in terms of new higher price. After sometimes, this case was taken to the court and it was held by court that Kolmar Group made promise of the paying the higher price under the duress and tort of intimidation. Therefore, applicant was entitled to recover the excess payment. References: Fried, C. (2015) Contract as promise: A theory of contractual obligation. USA: Oxford University Press Jones, L. (2013) Introduction to Business Law. USA: OUP Oxford. Lambiris, M. and Griffin, L. (2015) First Principles of Business Law 2016. Australia: Oxford University Press Australia New Zealand. MacIntyre, E. (2015) Essentials of Business Law. USA: Pearson Education Limited. Mann, A. and Roberts, S. (2011) Smith and Robersons business law. USA: Cengage Learning. Marson, J. (2013) Business Law. USA: OUP Oxford. Slorach, J. and Ellis, J. (2016) Business Law 2016-2017. USA: Oxford University Press. Smith, D., Lawson, R. and Painter, A. (2013) Australian Business Law. Australia: CCH Australia Limited. Smith, D., Lawson, R. and Painter, A. (2013) Business Law. UK: Routledge. Spark, G. (2013) Vitiation of Contracts: International Contractual Principles and English Law. UK: Cambridge University Press. Trevino, L. and Nelson, K. (2010) Managing business ethics. USA: John Wiley Sons. Widdowson, A. (2010) Business Law. UK: Pearson Longman. Wild, J., Wild, K. and Han, J. (2014) International business. New York: Pearson Education Limited. Andrews, N. (2015) Contract Law. UK: Cambridge University Press. Chandler, A. (2015) Law of Contract. UK: Oxford University Press.