How Did The Odessa Steps Sequence Influence The Theory Of...

Kal Bur How did The Odessa Steps sequence influence the theory of montage in film? The Battleship Potemkin, is a soviet film directed by Sergei Eisenstein in 1925. Sergei Eisenstein was a brief student at The Kuleshov Workshop, which was a class run by Soviet filmmaker, Lev Kuleshov at the Moscow Film School. The school was established in 1919, and is the world’s first film school. The Kuleshov Workshop explored the effects of juxtaposition in film, and how sequential shots convey a specific meaning. Kuleshov and his students analyzed many films for research, and one of them in particular was the most influential film in Russia during 1916, Intolerance directed by D. W. Griffith. A whole year later in 1920, the Kuleshov effect was found, and its theory was to identify how the order of images can change an audience’s perception. ‘Kuleshov discovered that depending on how shots are assembled the audience will attach a specific meaning or emotion to it’ (The Kuleshov Experiment http://www.elementsofcinema.com/editing/kuleshov-effect, 2016). Alfred Hitchcock’s 1960 film Psycho is an example of this trope, as the audience’s comprehension of the shower scene is predominantly psychological, and is determined by the ordering of images and sound, not the actual content. After the success of Sergei Eisenstein’s first full length feature film, Strike in 1920, he was commissioned by the Soviet government to make a film commemorating the historical uprising of the revolution in 1905,Show MoreRelatedClassical Movie Theories And Realism1433 Words   |  6 PagesOption 2 Classical film theories are generally divided into two main camps. They have been categorized as Formalism and Realism. The formalist approach looks at the structure and form of the film. It analyzes the method by which the story materializes and how it forces the viewer to react based on the way it is presented. It incorporates character development, photographic composition, camera movement, set design, editing, etc. to that end. The realist approach scrutinizes how a film represents â€Å"realityRead MoreUnique Characteristics of Soviet Montage5818 Words   |  24 PagesSoviet Montage Unique Characteristics of Soviet Montage Unlike Montage where by a combination  series of short shots are edited into a sequence to condense space, time, and information, Soviet Montage on the other hand is a style of filmmaking that is evolved to immerse the audience in a story and disguise technique was turned upside down in order to create the opposite emotional effect to bring the audience to the edge of their seat, and in the case of the Odessa Steps sequence, to push the viewerRead MoreUnique Characteristics of Soviet Montage5818 Words   |  24 PagesSoviet Montage Unique Characteristics of Soviet Montage Unlike Montage where by a combination  series of short shots are edited into a sequence to condense space, time, and information, Soviet Montage on the other hand is a style of filmmaking that is evolved to immerse the audience in a story and disguise technique was turned upside down in order to create the opposite emotional effect to bring the audience to the edge of their seat, and in the case of the Odessa Steps sequence, to push the viewer

The Lost Squatron Short Story Free Essays

On Tuesday morning, December 5, 2006, Lieutenant Jimmy McGrath, a fresh faced 22 year old, Naval academy graduate, maneuvered his fighter jet across the tarmac at the US Naval Air Station Florida to the designated runway. Behind him, awaiting their tower clearance orders were the four other members of Jimmy’s squadron. The men, boys really, some with peach fuzz beards, were training for assignment in Dubai, where they could fly sorties over Afghanistan and Iraq. We will write a custom essay sample on The Lost Squatron Short Story or any similar topic only for you Order Now All five pilots had been training here in Florida for several weeks, their high stress air combat training punctuated by wild Florida nights of heavy drinking and non-stop womanizing. The locals were used to it, having hosted these flyboys since Lauderdale nearly burst at the seams with newly drafted airmen, training in T-6s, and SNJ fighter trainers during World War 2. McGrath readied his jet at the flight line and after a final instrument check, increased throttle towards rotation speed, rumbling down the runway and easing back on the stick until the two ton plane defied gravity and began a steady ascent into the clouds hanging over the azure blue ocean. McGrath banked the plane right and felt momentary g-force pressure as he rolled away from the take off flight path to allow the next jet to leave the Earth.†Hee-haw† shrieked through Jimmy’s mic, as his wingman, Bobby-Joe Nicholson followed McGrath into the heavens. Nicholson grew up in tobacco rich North Carolina back country, and his accent and redneck colloquialisms made training a lot easier for everybody. Nicholson was followed by Andy Grayson, from Wichita, then Angel Fernandez of the Bronx, and finally Ron Fontaine, a graduate of the Donnelly Housing Projects in Detroit. Fontaine was voted by his peers the last person anyone wanted to meet in a back alley for a fight. He was also the most accomplished â€Å"stick man† among them. Despite his â€Å"officer and gentleman status, Fontaine’s 6 foot 2 inch muscular frame and tattooed biceps gave off a menacing appearance respected and feared by the other young pilots. The five jets screamed through the blue sky, each plane’s engine creating enormous jet trails flowing behind, until they maneuvered into formation. The planes floated in the air next to each other as if dangling on elastic strings, their high-powered engines, flying in unison, making it appear as if they were not even moving. â€Å"OK guys,† McGrath bellowed,† lets head south over the ocean and then take a bearing of 26 degrees, 3 minutes north, then 80 degrees, 7 minutes west toward Hen and Chickens Shoals.† Although he did not mention it, the day’s flight path would eventually take them into them into heart of the Devils Triangle. The Devils Triangle, or Bermuda Triangle as it was sometimes called, was a triangular patch of ocean in the Atlantic stretching from the Florida Keys south towards the Bermuda Islands. As every school kid knows, the Triangle’s legend of mystery encompasses numerous claims of disappearing ships and aircraft. None of the men gave any serious thought to the Triangle legend, not many people did anymore since the quasi-pulp fiction exposes published in the 1970s tried to give pseudo-scientific credence to alleged supernatural happenings in that part of the Atlantic Ocean. However, they all knew about it. â€Å"Where to skip,?† crackled over the airwaves from Ron Fontaine’s cockpit. â€Å"We’re headed to the old junked freighter for some bombing and strafing practice,† responded Lieutenant McGrath. â€Å"And Ron,† said the flight leader, â€Å"this time wait for my signal before you starting locking in on the target.† â€Å"Shiiiit,† Fontaine screeched into his headset, and the other pilots chuckled at the exchange between the two men. â€Å"Hey Lieutenant, this time can we go in youngest pilot first,?† said Fernandez. â€Å"What is it with you guys from New Yawk,† drawled Nicholson, â€Å"y’all think you’re born to tell the rest of us what to do.† â€Å"Hey, Tobacco boy,† I saw a guy like you once in the Bronx Zoo, behind bars,† Fernandex replied with a laugh. â€Å"Aw can it, you two,† shouted McGrath, â€Å"and tighten up the formation. Fernandez and Grayson pick it up back there.† â€Å"Aye, aye sir,† came the reply, in unison. The old freighter had been towed to this classified location in 1945, near the war’s end, and for 60 years had, along with several other decommissioned vessels, been used to train young hot-shot pilots in the art of air war. â€Å"All right, in about 60 second we’ll come up on the shoals bomb site, Nicholson and Fontaine, break right and take the first pass. Remember, nose guns first, then use one Sidewinder missile each the second time around,† McGrath ordered. The silver jets streaked through the cloud-filled blue sky like sharp knives slicing through warm biscuits. The two pilots took the lead and banked towards the abandoned and anchored old ship and locked onto the target with their computerized weapons guidance system. With today’s technology they could hit a small object from a distance of a mile or more, but their state side training still required close target approaches. The planes would come within 500 yards of the target on the first pass. The three other pilots kept a distance to watch the show and wait their turn, as determined by their flight leader, Lieutenant McGrath. Nicholson and Fontaine took turns firing their 30 Millimeter, seven barrel nose guns at the old tub, blasting holes in the rusting hull at apace of 3900 rounds a minute, which exploded with a fury of sparks, smoke and flying debris as they roared past â€Å"Nice work guys,† McGrath said. â€Å"Commander Taylor, my fuel is low, and my instruments are still acting up, maybe we should be heading West† crackled across his headphones in response. â€Å"Come back,† McGrath replied. Is that you Fernandez. Stop the bullshit, will ya.† â€Å"Not me, Lieutenant,† Fernandez replied, â€Å"Don’t expect me to give you a promotion,† he laughed. â€Å"Cut it out,† McGrath said, as he scanned the skies around him, â€Å"are one of you guys having instrument problems?† â€Å"Everyone check in,† he commanded. â€Å"Nicholson here, I’m fine Lieutenant.† â€Å"This is Fontaine, Jimmy, no problems with my bird.† â€Å"This is Grayson, sir, it wasn’t me.† â€Å"Well who the hell is playing around.† McGrath shouted. â€Å"I can’t see any land, sir† came the voice again. This time someone else responded. â€Å"Boys, this is Taylor, don’t worry, we left the Georgia swamp area 30 miles back, and we should be coming up on the Keys shortly,† â€Å"Who’s on this frequency, identify yourselves, † Lt. McGrath said into his helmet mic. He scanned his instrument radar panel and again looked outside his cockpit canopy but did not see any other planes in the bright, clear, mid-day sky. Without answering McGrath, the unknown chatter continued. â€Å"Hey Brownie, if we ever find our way back, I’m gonna propose to that nurse I met last week at the USO Holiday dance.† â€Å"Yeah, yeah sure, the one whose feet you kept stepping on during the Glen Miller piece?† â€Å"Shiiit, Glenn Miller, what the fuck is that all about,† Fontaine said. â€Å"Hey, one of you guys playing some sort of trick on our boy Jimmy,† Fernandez laughed. â€Å"Yeah, one of those old radio shows, or some shit like that,† Fontaine replied. â€Å"I don’t know about you but it’s freaking me out,† said Grayson. â€Å"Anyway, whoever it is mentioned Lauderdale, so it’s probably some old Navy guys out for a joyride. I see those guys come out on Sunday’s sometimes and fly around in those old radial engine trainers.† â€Å"Yeah, but it ain’t Sunday, and what they all doin’ on our radio frequency,† drawled Nicholson. â€Å"All right, all right, forget about it. It’s probably just somebody playing around,† bellowed McGrath, â€Å"lets get ready for the second run. One missile this time.† Fontaine and Grayson broke away from the formation again and headed toward the target This time they programmed their guidance system to fire one AIM-9 Sidewinder missile each at a distance of a half mile. Within seconds each jet shimmied slightly as their missiles dislodged from under their wings and moved off in an arc of white smoke toward the old half-sunken freighter. The missile warheads were loaded with only small amounts of explosives so that they would create damage but not completely obliterate the boat, leaving it sufficiently intact for further training runs. The two missiles struck, on forward one aft, almost simultaneously, and a column of smoke, debris, and sea water rose high into the air. As the mix fell back again, the pilots who were all observing the action noticed small black objects off in the distance, beyond the target area, moving slowly toward them. â€Å"What the fuck is that,† sad Fernandez into his mic. Grayson and Fontaine, who had pulled up and over the target, getting a birds-eye view of the damage they caused, rolled across the sky, unknowingly hurtling their jets directly in the path of the shadowy, black objects. Some three miles away, the rest of the squadron watched as Fontaine and Grayson blew past the objects and then banked and ascended up and to the left. As they had flown by, in the seconds they were adjacent to the objects, both pilots had seen something that had startled them. Grayson and Fontaine had peered into the cockpits of a squadron of World War 2 naval fighters, â€Å"Avengers†, each operated by a two or three man crew, a pilot facing forward, sometimes with a co-pilot, and a gunner operating a ball turret weapon aft. â€Å"Shiiit,† Fontaine yelled into his helmet mic, â€Å"did you see that Grayson.† â€Å"What the hell are those old warbirds doing way out here, the air museum operates outta Pensacola,† Grayson replied. â€Å"Hell if I know,† Fontaine said, â€Å"but they were sure as shittin surprised by us.† â€Å"Damn lucky we didn’t clip their wings.† â€Å"Hey skip,† Fontaine said, calling out to Lieutenant McGrath, † you won’t believe what’s headed your way.† â€Å"I see ’em, Fontaine, we’re gonna give those old buckets some room so we don’t blow their tails off with our engines,† McGrath replied. The remaining jets elevated their flight path to avoid the oncoming relics of the past, shooting with Mach speed into the lower stratosphere. â€Å"Commander, did you see that?,† said one of the warbird pilots. â€Å"I sure did, Tex,† replied Taylor, I don’t know what the hell it was but I saw a red, white and blue star on it’s side so it must be ours.† â€Å"Hell yes,† Tex’s gunner cried, â€Å"we must be close to the Shoals now. I see the target ship they towed out this way a few weeks ago.† â€Å"I bet that was some experimental jet the Nazis were using, I saw a few being worked on at the base. Just come over from Germany last week for testing,† said one of the Avenger pilots. OK, men, settle down† Commander Taylor ordered, â€Å"set a course for the direction of the target vessels and let’s get these tired birds home.† â€Å"Hey, my instruments are working again, Commander,† said one of the pilots. â€Å"Mine too, Chuck,† cried another. â€Å"Looks like we’ll make it back after all,† the Avenger flight leader said, â€Å"and not a moment too soon with these near empty gas gauges. Keep a tight formation as we head in boys. Follow my lead. Last one on the deck has to kiss Charlie McCarthy’s bald head.† The jet pilots listened, without a word, to the entire conversation going on below them. Fontaine and Grayson had rejoined the group and they were all now headed due East at 400 miles an hour at an elevation of 25,000 feet. Finally, Fernandez spoke up. â€Å"You catch that, Lieutenant.† â€Å"†Probably some re-enactors,† Lt. McGrath replied, although his voice had lost its usual firm, confident tone. â€Å"What the hell they doin’ out here, Jimmy,† said Nicholson, â€Å"don’t make no sense at all.† McGrath had to agree. This area was restricted to Naval air traffic. He thought he better contact the base and let them know what was going on. â€Å"Flight leader Bravo calling Lauderdale, come in Lauderdale.† The air was quiet. â€Å"Flight leader Bravo calling Lauderdale, come in Lauderdale† Nothing. â€Å"Hey Jimmy,† Fontaine said, â€Å"my computer just went down.† â€Å"Hey me too,† Nicholson shouted. The five jets flew in tight formation through the clouds as chaos erupted in their cockpits. â€Å"Flight leader Chuck Taylor calling Lauderdale, come in Lauderdale.† â€Å"This is Lauderdale, where the heck you guys been?† came the reply. The Base Commander’s been going crazy. They even called the War Department.† â€Å"You guys can tell the patrols to come back, we’re a little late but we’re home, † replied Commander Taylor. On the stormy evening of December 5, 1945, five TBM Avengers, their heavy radial engines roaring across the Florida sky, approached US Naval Air Station in tight formation. One by one the gleaming blue fighter planes lowered their flaps, cut off their throttles and eased their tired metal frames onto the tarmac. As they rolled off the runway, they passed rows of B-17 bombers, fresh from the battle over Europe, being serviced and refit for duty in the Pacific against the Japanese. Worried ground crews raced in gray jeeps toward each plane, dropping heavy wooden blocks under the wheels, and climbing up on the wings to draw back the heavy canopies to release the human cargo. The fourteen crew members scrambled to the airfield grounds and embraced one another, removing their yellow Mae West vests and crush caps, giving thanks that what was lost was once again found. Meanwhile, miles away, five jet fighters crossed the sky into an ethereal graveyard. They hurtled at supersonic speed into an endless vortex of space and time without up or down, without time or space, without any connection to the world they left behind. At NORAD, desperate computer messages flooded the communications room alerting the men and women who worked there of a crisis in the making. An Admiral rushed into the room in time to confront a telecommunications staffer who was the most recent recipient of the tragic news. â€Å"Sir,† the young ensign said to the astonished man,† Flight 19 is missing.† â€Å"Get me Rumsfeld,† the Admiral replied. Two wars, 6 decades apart. Two tragedies, dance partners in a macabre story with ironic parallels. The past and the future, melded together, and separated, one mystery solved, another one just beginning. How to cite The Lost Squatron Short Story, Papers

The Parol Evidence Rule Of Australia - Myassignmenthelp

Question: Write an essay on The Parole Evidence Rule according to the Contract law of Australia. Answer: The Parole Evidence Rule according to the Contract law of Australia is a substantive common law rule. It prevents the parties of a written contract against presenting the evidence that is extrinsic and discloses the ambiguity and adds or clarifies it to the written term of Contract that appears to be the whole[1]. Australian Contract Law is derived from the English Common Law System and its statutory specifications are applicable to some parts of Australia. Later on the Contractual Laws has been implemented by the Australian Parliament and also by the Australian Courts since the year 1980[2]. The term parol means words and is derived from the sources of Anglo-Norman, Anglo French or Legal French word. In support to the rational rules it is stated that according to the contracting parties there is a reduction in the agreement to any final and single writing or extrinsic evidence derived from the past and those terms shouldnt be considered while the writing is being interpreted[3]. As the parties decided to leave the agreement or those terms shouldnt be considered while writing as its the decision of the parties to leave each other from the contract. In other way it can also be stated that that the evidence prior to written contract shouldnt be contradictory to the writing[4]. The rules also states that in order to make it effective the contract should be first and finally be integrated in writing. According to the judgment of the Court it must be Final Agreement which is accepted by the parties. The objective approach of parol evidence rule discusses the manner in which the parol evidence rule is applicable and used in the territories in Australia. It is an evident fact which is observed since many years that the Australian contract law has always had an objective approach towards contracting and it is equally evident that that existence of the parol evidence rule has always been a centre of controversies in Australia[5]. Thus, even after the objective approach of contracting in Australia, the supporters of the parol evidence rule in the recent times have raised their concern whether the said parol evidence rule should be applied and made a regular usage or a law giving it a proper statute. The parol evidence rule in Australia got popular after it was intensely discussed in a famous Australian case called the Codelfa Constructions v State Rail Authority of New South Wales which was decided in the year 1982[6]. In the said case, the State Rail Authority of New South Wales had entered into a contract with the Codelfa Construction to built and erect two tunnels in Sydney for an expansion of the railway network which was planned many months in advance. The Codelfa Construction was given a deadline or a due date by which they had to complete the said work of erecting two tunnels and the final completion date for the said work was thus finalized. As the work was under a dead line, the Codelfa Construction started the work immediately trying to finish the same under the dead line by making their employees work in three shifts throughout the day. However, due to the noise that the construction work created all throughout the day, an injunction was soon issued against the Codelfa Construction. Thus, the third shift of the work was stopped for a while and Codelfa Construction was made to promise to try and minimize and reduce the construction noise between 10 pm to 6 am. Thus, the Codelfa Construction levied certain extra charges from the State Rail Authority of New South Wales to meet the needs of the changed working schedules. Thus, the primary issue in the said case of Codelfa Constructions v State Rail Authority of New South Wales is implications on the term of the contract, however while deciding the case the Judge Mason also discussed the admission on parol evidence rule in detail. Thus, the said case is considered to be one of the most important Australian case laws where the parol evidence rule was discussed and examined in great length[7]. Thus, in the judgment of the said case, Justice Mason highlighted and examined the parol evidence rule and stated that the broader objective of the parol evidence rule is to not include extrinsic evidence (except surrounding situations) and including direct statement in relation to intention and various negotiations to add to, subtract from, change or contradict or violate the language of the written agreement, contract or instrument[8]. Thus, the said clarification concerning the parol evidence rule was sufficient and most suitable to be applicable even in the American Courts. However, the said clarification when compared to the objective approach of the contracting rules in Australia, the said clarification is fundamentally different and the primary difference is that the parol evidence rule in Australia consists of a clear exception of evidence rules which realte to surrounding situations. Thus, while delivering the decision in the said case, Justice Mason reffered to the simple meaning and approach f contracts in Australia, according to which the any other additional evidence in any other form is generally avoided by the Court, if the meaning of the contract is clear and definite. However, Justice Mason even accepted that the plain meaning and approach needs the admission and acceptance of another evidence especially in situations surrounded by the formation of a contract which is necessary and required to interpret the contract if any uncertainty about it is created in a later period[9]. However, the American Courts since many years have raised the same concern rejecting the parol evidence rule stating that it allows the Court to believe that a document is allowed to have more than one or multiple meanings which makes it impossible for the Court to reach or conclude a single and accepted meaning for the said document. However, with the objective approach of contracti ng which is used in Australia, the American approach for the same becomes unacceptable and unnecessary as in the said case the Courts and the Judges do not try to determine what the contracting parties try to mean in their written contracts but only try to establish what a reasonable person would conclude if he was in the similar situation of the people writing the contract[10]. During the first half of the 20th century the English Courts and the Australian courts have insisted that the Court can explain a contract without even considering the circumstances based on which the contract was executed. However, in the year 1971 the House of Lords have held that while evidence shall be executed based on the intentions of the parties to the contract. It is irrelevant to the structure of the contract and that contracts should be excluded from evidence of the general background of the contract that is known to parties at the time when the contract was entered into. This means that though the Court will reject the terms of the contract that were not part of the written agreement, the Court will however, question the parties and shall ask them to explain what their intention or explanation had been if such a contract was part of the written contract. Justice Mason held that such terms should be included as part of evidence only when the terms were known to the contrac ting parties of the contract and that they were aware of the facts[11]. Notably, it may held that the evidence that was earlier admissible based on the factual background of the agreement shall now be not regarded as part of the evidence. Such evidence shall only be admissible if the contracting parties knew the facts of the case and nothing shall be taken as evidence unless such a clause was not part of the written agreement. This is regarded as objective theory of the contracting rule, as per this rule the original intentions of the contracting parties are considered as relevant and true and the only thing that matters here is the objective of the parties who have formed a contract together. By relying on this approach the Courts of Australia have allowed the background information to come into force as evidence that is accepted by the Court. The Court construes the written contract in a way that is understood by the parties and interprets it the way the parties to the contract should have understood it at par with the irrelevant parol evidence rule[12 ]. Mason J has construed the objective rule by saying that, There may perhaps be one situation in which evidence of the actual intention of the parties should be allowed to prevail over their presumed intention. If it transpires that the parties have refused to include in the contract a provision which would give effect to the presumed intention of persons in their position it may be proper to receive evidence of that refusal. After all, the court is interpreting the contract that the parties have made and in that exercise the court takes into account what reasonable men in that situation would have intended to convey by the words chosen. However, is it right to carry that exercise to the point of placing on the words of the contract a meaning which the parties have united in rejecting? It is possible that evidence of mutual intention, if amounting to concurrence, is receivable so as to negative an inference sought to be drawn from surrounding circumstance[13]. Sometimes Justice Mason seemed to adopt the subjective theory of contracting law. The subjective theory of law relied more on the terms and conditions of the contract. In a jurisdiction that seems to be adopting the objective theory of the contract then it nothing would be wrong if the court relied on such a theory for interpretation and analysis of the contract. It is hence understandable the reason why Justice Mason have a more positive inclination towards the objective reasoning of the contract. However, this is not the only rationale why Justice Mason has relied on the objective theory; there are many other reasons why the Judge seems to accept the objective reasoning of the contract. Once such reason may include that he feels that it would be unfair on the part of the Court to completely reject the intention of the parties and not to understand their point of view who were very well aware of the facts and circumstances of the case. This notion is absolutely opposite to the rule that is followed in America, wherein, it was seen that in most of the cases the Courts rely on the contractual terms and conditions rather than relying on the intention of the parties. Hence, we may conclude that in Australia, in most cases, the Judges prefer on relying on the objective theory. In this essay, there is the stipulation of the fact that neither the objective nor the subjective theories of making a contract are absolutely consistent in making the treatment of the rule of parole evidence. In the practical terms both the theories enable the establishment of the fact of the correct nature of contract[14]. The approach of the objective help in the identification of the idea that while entering into a contract, the parties tend to do some different thing than the terms that are agreed for working together to reach a certain goal. The relationship between the parties has received formality and it has been taken out from that realm that is social. Based on this view, the contract that is in the written form is not considered as a record that is long lasting and reliable as the agreement has been entered into between the parties a long time back and the performance that occurs results in a distinct type of social action. During the time of formalizing a contract in which the parties has made or performed a separate kind of action that is public and makes the drawing of the practices of the society that makes the dealings with the relationships in between the non-intimates. The practices that are formulated to ensure the fairness and predictability in the contractual relationships are direc ted primarily to make the resolution of the disputes that is without any concern for the continuing viability of the contractual relationship. Hence, from this perspective it can be said that the interpretation of the contract is made for the purpose of judging the objectivity of the contract. The relationships between the parties to the contract are irrelevant. The goal of the interpreter of any written contract is not to make the finding of the intention of the parties to the contract but the primary goal of interpretation of contract is make the interpretation of the contractual behavior as an act of the public. The comparison between the subjective and the objective theory of rules of contract makes the emphasis of the actors, which play a major part in the making of contract. The main actors are regarded as the people and the factors of social integration that are in the background of the contract formation. The comparison of the rule of parole evidence acts as least applicable to those agreements that are having the close acquaintance. In the likely term there would be the several presumptions and understanding in between the parties to the contract that may form in the background at the time of entering into the contract, which would be impossible to understand at the time when the agreement is reached[15]. The agreement that lies between the family members that are close are dominantly personal and unavoidable. The basis of understanding of the contracts between the close family members is to make the understanding of the terms that make the contract personal. The consideration that is relevant is the nature of the contracting behavior[16]. According to the referred matter we can state that regarding the case of writing contract we can state that the Parol Evidence Rule obstructs the admission of further extrinsic evidence in order to clarify the terms of the Contract. It basically consist of identifying and construction which means that identifying prevents the extrinsic evidence from being included into the contradict or vary terms regarding the contract as practicably they appear to be in the contract and on the other side we can also state that construction limits evidence which might be added to the explanation of those as the rule of parol works as confines. As regarded in the project the term extrinsic evidence means anything other than that of the contractual agreement in writing. This also includes oral conversation, negotiation in early stage, letters and drafts done earlier in the contract. The parol evidence rule in purpose of identifying helps in preventing admission of extrinsic evidence[17]. Parol rule is only applicable to the contract which is wholly made in writing. This means that Courts will include extrinsic evidence in order to identify the terms of those contracts which are made in writing partially. The parol evidence also applies in order to prevent the applicability of extrinsic evidence in order to construct the3 terms and conditions of the existing contract. Extrinsic evidence is also practicable in resolving the ambiguity for the terms of construction regarding the rules and regulations of the contract[18]. References: Ayres, Ian.Studies in Contract Law. Foundation Press, 2012. Botero, David Augusto Echeverry. "Contract Interpretation Law in Australia: It Is a Maze, Not a Straight Way." Carlin, Tyrone M. "Rise (and Fall) of Implied Duties of Good Faith in Contractual Performance in Australia, The."UNSWLJ25 (2012): 99. Dyani, Ntombizozuko, and Mtendeweka Mhango. "Pension death benefits under the Malawi Pension Bill 14 of 2010: reflections from South Africa and Australia."The Comparative and International Law Journal of Southern Africa(2012): 18-41. Emerson, Robert W. "Franchising and the Parol Evidence Rule."American Business Law Journal50.3 (2013): 659-728. Epstein, David G., Adam L. Tate, and William Yaris. "Fifty: Shades of Grey-Uncertainty About Extrinsic Evidence and Parol Evidence After All These UCC Years."Ariz. St. LJ45 (2013): 925. Epstein, David G., Timothy Archer, and Shalayne Davis. "Extrinsic Evidence, Parol Evidence, and the Parol Evidence Rule: a Call for Courts to Use the Reasoning of the Restatements Rather than the Rhetoric of Common Law."NML Rev.44 (2014): 49. Kee, Christopher, and Elisabeth Opie. "The principle of remediation."Sharing International Commercial(2012). Marcus, Paul, and Vicki C. Waye. "Australia and the United States: Two Common Criminal Justice Systems Uncommonly at Odds Part 2."Tulane Journal of International Comparative Law18.2 (2010): 09-78. McCormick, P. "Law reform." Mohamed, Shair, et al. "A critical appraisal of the parol evidence rule in contract law."Proceedings of SOCIOINT14: International Conference on Social Sciences and Humanities. International Organisation Centre of Academic Research, 2014. Naylor, Brownwyn, and Johannes Schmidt. "Do Prisoners Have a Right to Fairness before the Parole Board."Sydney L. Rev.32 (2010): 437. Ostendorf, Patrick. "The exclusionary rule of English law and its proper characterisation in the conflict of lawsis it a rule of evidence or contract interpretation?."Journal of Private International Law11.1 (2015): 163-183. Ostendorf, Patrick. "The exclusionary rule of English law and its proper characterisation in the conflict of lawsis it a rule of evidence or contract interpretation?."Journal of Private International Law11.1 (2015): 163-183. Perillo, Joseph M. "Donee Beneficiaries and the Parol Evidence Rule.". Thomas L. Rev.26 (2013): 496. Pichhadze, Amir. "Can, and Should, the Parole Evidence Rule Be Invoked by or Against Tax Authorities in Tax Litigation? Distilling Lessons from US Jurisprudence."Bulletin for International Taxation67.9 (2013): 474-490. Schauer, Frederick. "On the Relationship Between Legal and Ordinary Language."Speaking of Language and Law: Conversations on the Work of Peter Tiersma(2015): 35. Schiavo, Frank L. "Alternative Approach to the Parol Evidence Rule: A Rejection of the Restatement (Second) of Contracts; Mitchill v. Lath Revisited, An."Cap. UL Rev.41 (2013): 759.

Womens Rights in Latin America and the Caribbean Essay Example For Students

Womens Rights in Latin America and the Caribbean Essay In every country in Latin America and the Caribbean, women suffer acute discrimination. Often, the discrimination women face is related to social prejudices regarding appropriate patterns of conduct for men and women. This entrenched sex inequality provides the backdrop for the pervasive and widespread human rights violations women face in the region, with little chance of justice. The most pernicious types of womens human rights abuses in the Americas occur in the areas of womens reproductive and sexual health and rights, discrimination and violence against women in the workplace, and violence against women in the home. After decades of dictatorships in some countries, democracy has not meant an end to impunity for violations of women rights. In fact, despite the formal acceptance of international human rights instruments that explicitly define womens rights as human rights, many people challenge this proposition. This challenge to womens rights is particularly prevalent in the area of sexual rights and reproductive health. Women struggle daily to gain even minimal autonomy over their intimate lives. We will write a custom essay on Womens Rights in Latin America and the Caribbean specifically for you for only $16.38 $13.9/page Order now Women may be subjected to rape, including by their husbands, while many more are denied access to contraceptives and reproductive health services, and refused the possibility to decide to terminate unwanted pregnancies with safe and legal abortions. Across the region, millions of abortions are performed every year, most of them under unsafe, clandestine conditions, and thousands of women die as a result. For example, in Argentina, women face multiple obstacles to obtaining contraceptives and risk their lives through unsafe abortions due to legal restrictions and a failure to implement even their minimal rights under existing law. As an urgent human rights matter, governments in the region must ensure womens access to safe abortions where abortion is already decriminalized, repeal laws that criminalize abortion, work toward explicit legalization of abortion, and ensure womens voluntary access to safe contraceptive methods of their choice. Womens right to the highest attainable standard of health is also compromised by the manner in which some countries address the growing HIV/AIDS epidemic in the region. Latin America and the Caribbean is the region with the second highest HIV prevalence rate after sub-Saharan Africa. Women increasingly constitute the majority of those newly infected. Even so, governments have failed to incorporate respect for womens human rights into their central responses to the epidemic. In the Dominican Republic, for example, women are subjected to illegal HIV testing without informed consent when they seek employment or health care, and those who test positive are routinely fired from their jobs and sometimes denied public healthcare. In addition, public health professionals often reveal confidential HIV test results to womens families without the tested individuals knowledge or consent, exposing them to a heightened risk of violence and stigma. Other countries in the region, such as Peru, require as a matter of law that all pregnant women test for HIV without ensuring womens confidentiality or consent, and without linking HIV tests and counseling to the pervasive problem of domestic violence. Womens inequality in Latin America and the Caribbean is reflected in the discrimination they face in the workplace. Since the 1960s, the number of economically active women in the region has more than tripled. Though more than half of these economically active women have entered the informal sector, as domestic workers, street vendors, or other informal employment, women now also occupy positions in the formal workforce in larger numbers, in particular in export-generating industries. With the entry into the formal workforce, abuse suffered by women in the workplace is surfacing as a central obstacle to women achieving economic independence. .ub2aa0c8434dc9a48aedcd0692ba69c03 , .ub2aa0c8434dc9a48aedcd0692ba69c03 .postImageUrl , .ub2aa0c8434dc9a48aedcd0692ba69c03 .centered-text-area { min-height: 80px; position: relative; } .ub2aa0c8434dc9a48aedcd0692ba69c03 , .ub2aa0c8434dc9a48aedcd0692ba69c03:hover , .ub2aa0c8434dc9a48aedcd0692ba69c03:visited , .ub2aa0c8434dc9a48aedcd0692ba69c03:active { border:0!important; } .ub2aa0c8434dc9a48aedcd0692ba69c03 .clearfix:after { content: ""; display: table; clear: both; } .ub2aa0c8434dc9a48aedcd0692ba69c03 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .ub2aa0c8434dc9a48aedcd0692ba69c03:active , .ub2aa0c8434dc9a48aedcd0692ba69c03:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .ub2aa0c8434dc9a48aedcd0692ba69c03 .centered-text-area { width: 100%; position: relative ; } .ub2aa0c8434dc9a48aedcd0692ba69c03 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .ub2aa0c8434dc9a48aedcd0692ba69c03 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .ub2aa0c8434dc9a48aedcd0692ba69c03 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .ub2aa0c8434dc9a48aedcd0692ba69c03:hover .ctaButton { background-color: #34495E!important; } .ub2aa0c8434dc9a48aedcd0692ba69c03 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .ub2aa0c8434dc9a48aedcd0692ba69c03 .ub2aa0c8434dc9a48aedcd0692ba69c03-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .ub2aa0c8434dc9a48aedcd0692ba69c03:after { content: ""; display: block; clear: both; } READ: Searching for Ancient Egypt EssaySexual harassment, pregnancy-based discrimination, and gender-based violence in the workplace are common and constant threats to working womens lives and livelihoods. Migrant workers are especially vulnerable to abuse, including trafficking and forced labor. In countries like Mexico, Guatemala, and the Dominican Republic, the laws fail to adequately protect women workers rights and governments are turning a blind eye to the abuses perpetrated by private-sector employers. Trading partners with Latin America are also ignoring the widespread abuses. To remedy these violations, governments must act immediately to ensure that labor and other laws adequately protect womens rights, and international trade agreements should specifically prohibit discrimination based on sex. Despite recent legal reforms, domestic and sexual violence are still rampant in all countries in the region, affecting an estimated 40 percent of women. In most countries, legislation classifies domestic violence as a misdemeanor rather than as a serious crime (felony), and does not explicitly protect women from marital rape and stalking. Discriminatory attitudes of law enforcement officials, prosecutors, and judges, who often consider domestic violence a private matter beyond the reach of the law, reinforce the batterers attempts to demean and control his victim. Few governments offer battered women a real alternative to staying in an abusive relationship, as shelters either are few or do not allow women to bring their children. Some countries issue restraining orders against abusive partners, but few effectively enforce them, leaving women with little protection against their aggressors after they file a complaint with the police. Journalists and womens groups in several countries have gathered information to suggest that up to 80 percent of female murder victims are killed by their intimate partners or ex-partners. For example, in Peru and Brazil, women have faced and in many cases continue to face multiple barriers in overcoming pervasive impunity with regard to domestic violence, including de facto obligatory conciliation sessions between women and their abusers, and lack of training of police officers, doctors, judges, and prosecutors. International human rights law defines violence against women as one of the most basic and reprehensible forms of sex-based discrimination and governments must do much more to eradicate it. Despite continued entrenched sex inequality and womens human rights violations, governments in the region have for the most part formally embraced the concept of international womens rights through the ratification of international human rights instruments directed at eliminating and punishing womens rights abuses. This was achieved mostly as the result of pressure from womens groups and organizations. Latin America is the home to prominent womens organizations, advocates and intellectuals with international reputation. Women are active and prominent members of many social movements in the region, including the Movimento Sem Terra (landless peasants movement) in Brazil and the Piqueteros (unemployed movement) in Argentina. Women also remain the central actors and agents for change in the many organizations of families of the disappeared in South and Central America-organizations that continue to be pivotal in the fight for justice for past human rights abuses in the region. Moreover, organizations that focus specifically on womens rights have been instrumental in generating public debate about womens rights abuses as human rights violations. As a significant achievement for the womens movement in the Americas, every country in the Americas -with the notable exception of the United States-has ratified the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), the most important international human rights instrument on womens rights. A number of countries-Belize, Bolivia, Brazil, Canada, Costa Rica, the Dominican Republic, Ecuador, Guatemala, Mexico, Panama, Paraguay, Peru, Uruguay, and Venezuela-have also ratified the Optional Protocol to CEDAW. This Protocol enables individual women to file complaints with the United Nations when violations of their rights are not adequately redressed in domestic courts, and also empowers the U. N. Committee on the Elimination of Discrimination against Women to investigate situations of systematic or grave violations of womens rights. .u9d55706e6f30d13f40e34e2d7cb71286 , .u9d55706e6f30d13f40e34e2d7cb71286 .postImageUrl , .u9d55706e6f30d13f40e34e2d7cb71286 .centered-text-area { min-height: 80px; position: relative; } .u9d55706e6f30d13f40e34e2d7cb71286 , .u9d55706e6f30d13f40e34e2d7cb71286:hover , .u9d55706e6f30d13f40e34e2d7cb71286:visited , .u9d55706e6f30d13f40e34e2d7cb71286:active { border:0!important; } .u9d55706e6f30d13f40e34e2d7cb71286 .clearfix:after { content: ""; display: table; clear: both; } .u9d55706e6f30d13f40e34e2d7cb71286 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .u9d55706e6f30d13f40e34e2d7cb71286:active , .u9d55706e6f30d13f40e34e2d7cb71286:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u9d55706e6f30d13f40e34e2d7cb71286 .centered-text-area { width: 100%; position: relative ; } .u9d55706e6f30d13f40e34e2d7cb71286 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u9d55706e6f30d13f40e34e2d7cb71286 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u9d55706e6f30d13f40e34e2d7cb71286 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .u9d55706e6f30d13f40e34e2d7cb71286:hover .ctaButton { background-color: #34495E!important; } .u9d55706e6f30d13f40e34e2d7cb71286 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u9d55706e6f30d13f40e34e2d7cb71286 .u9d55706e6f30d13f40e34e2d7cb71286-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u9d55706e6f30d13f40e34e2d7cb71286:after { content: ""; display: block; clear: both; } READ: John Napier EssayIn 1994, the Organization of American States adopted the only international treaty specifically focused on the prevention and punishment of violence against women: the Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women, the Convention of Belem do Para. This convention has been ratified by all countries in the Americas, except Canada, Cuba, Jamaica, and the United States. The overwhelming governmental support-on paper-for womens rights has not yet translated into reality for the vast majority of women in the region. The full implementation of this promise of equality is long overdue.

How to Seek Reprint Permission

How to Seek Reprint Permission How to Seek Reprint Permission How to Seek Reprint Permission By Jacquelyn Landis In response to a recent article about quoting copyrighted works, a reader asked about how to secure reprint permission. Whenever you quote a significant enough portion of someone else’s work that it doesn’t fall under the umbrella of fair use, you must seek permission to use it. This used to be a lengthy process involving identifying the copyright holder, finding contact information, writing a detailed letter outlining how you plan to use the quoted material, and then sitting back and waiting. And waiting and waiting. It was a frustrating process, all the more so when the request was denied. The process is much easier today. More and more publishers are using the Copyright Clearance Center, an online service that eases and speeds the process for writers. By using CCC’s Purchase Permissions feature (under the Authors menu option), you can search for published material and find out exactly what kind of reprint rights are allowed, as well as how much they will cost. The drawback to CCC’s service is that not all publishers are on board yet. If you need to secure reprint permission from a publisher that does not use CCC, you might try visiting the publisher’s Web site. Often you’ll find reprint permissions instructions there, and sometimes you can even submit your request through the Web site. Otherwise, you’ll have to do it the old-fashioned way: by writing a letter. In your letter, you must include, at a minimum, the following details: Title and author of the publisher’s book Imprint or division of the publisher’s book ISBN (the International Standard Book Number, located on the copyright page) Title of your book or article Your publisher’s name Format (hardcover, softcover, etc.) Territory of distribution for your book or article (U.S., North America, world, etc.) Print run (total number of copies to be printed) Publication date of your book or article Retail price Your complete contact information It’s important to remember that simply requesting reprint permission is no guarantee it will be granted. The copyright holder has the right to say no. However, you’ll greatly increase your chances of a positive response if you follow instructions carefully and be sure to submit all the required information. Want to improve your English in five minutes a day? Get a subscription and start receiving our writing tips and exercises daily! Keep learning! Browse the General category, check our popular posts, or choose a related post below:Coordinating vs. Subordinating ConjunctionsYay, Hooray, Woo-hoo and Other Acclamations7 Other Types of Pronouns

Approaches to self-managed learning

Approaches to self-managed learning This report first notes how self-managed learning can enhance lifelong development by evaluating approaches to self-managed learning, ways in which lifelong learning in personal and professional contexts can be encouraged, and the benefits of self-managed learning to the individual and organisation. Thereafter, the report comments upon my own current skills and competencies. These are evaluated against professional standards and those of organisation objectives. In the third part of the report, I identify my own development needs and what additional activities need to be undertaken for me to meet them. Finally, a personal development plan outlining current and future needs is given. Introduction Self-managed learning is, as Graves (2012) notes, a process by which individual people find different ways of learning things, whether it be within the organisation they are working for, or with reference to longer-term individual career developments goals. Thus, as Pedlar, Burgoyne and Boydell (2013) suggest, self-managed learning is also about the setting of goals through evaluating the purpose for learning and planning ways by which to achieve such goals. People learn new things using a plethora of different techniques which can be shaped, for example, by culture, behaviour, personality, and perceptions. Indeed, commenting further, Bjork, Dunlosky and Kornell (2013) assert that individuals can learn things not only in a formal educational class but also through friends, and newspapers. Thus, as Ho (2011) posits, self-managed learning gives people a chance to come up with their own strategy in learning. The following section outlines a series of different approaches to self-managed learning. Approaches to self-managed learning Individuals can learn through the research they are undertaking as part of their work or as part of an assignment that they have been issued by either the university or college they are studying at. In addition, people can lea rn different techniques for doing the research. Seminars and conferences People can learn through seminars and conferences, as noted by Collin and Hammond (2013). Seminars and conferences are an effective tool as they give people the opportunity to present their knowledge about something to other people who end up learning new things; thus, seminars and conferences, for example such as that held by the University of Odense in 2013 on the role of Gender in Mediaeval European Cities, are a dynamic learning environment. Further, seminars and conferences help people to become more confident in speaking in public and may also develop their presentation skills: transferrable skills that can be useful in a range of organisational settings – thereby empowering both the organisational and the individual. Social networks There are, as Bourner (2011) notes, a range of different social networks including Facebook, Twitter, My Space, and so on, where people spend an increasing p roportion of their time. Whilst logged onto such sites, people can be chatting with friends or learning new things. This is particularly the case if people share information and knowledge through bulletin boards and forums. People can also learn how social network owners such as Mark Zuckerberg he became successful; and using the information that they obtain, people can apply this knowledge to their own lives thereby find the means of succeeding in

Discussion board 5 - international law Essay Example | Topics and Well Written Essays - 1000 words

Discussion board 5 - international law - Essay Example There is evidence, however, that the KP has done very little in solving the world’s climate problems. Even though the treaty was negotiated in 1997, energy-related emissions had grown 24%, and that only limited financial resources had been provided by developing countries to assist them in reducing their emissions. Another criticism of the KP is based upon what Liverman (2008) calls â€Å"climate justice† (n.p.). The emissions created by developing countries make up the bulk of the total number of emissions and are more vulnerable in these countries compared to the high emissions in the developed world, especially by the U.S. and by major multinational corporations. Critics of the KP have stated that it unfairly puts the burden on the west to financially rectify global warming, when developing countries are often more to blame. Therefore, the argument that the KP would have been more effective if the U.S. and China would have signed it is weak because even if they had r atified it, there is no evidence that global emissions would have been significantly reduced. Perhaps other protocols should be used, ones that do not penalize the west so heavily and that are more effective in what they seek to accomplish. 2. Laws of war Regardless of one’s opinion regarding the Bush administration’s compliance (or lack of compliance) with the international provisions governing the use of force with respect to retaliation, the use of certain weapons, the treatment of POWs and civilians, and the use of torture, any state that has signed agreements and treaties prohibiting them should adhere to them. If the United States or any other country that is a member of the UN that has signed these treaties violate them in any way, they should be held responsible. Of course, the controversy is if the Bush administration actually did that. Members of the U.S. government, especially in the Bush years, insist that they did not. That is beyond the purview of this as signment. It depends upon one’s perspective and political viewpoints, and it depends on who you ask. The U.S. Supreme Court, in its 2006 Hamdan vs. Rumsfeld ruling, declared that military commissions for trying terrorist suspects violated both U.S. military law and the Geneva Convention (Brooks, 2006). The Bush administration held that Common Article 3 of the Geneva Convention did not apply to Al Qaeda combatants because its protections applied only to conflicts between states. They reasoned that since Al Qaeda was not a state, the Geneva Convention did not apply to them. The Supreme Court disagreed, which potentially made high-ranking Bush administration officials subject to prosecution under the federal War Crimes Act, something that did not materialize. 3. International Convention on the Prevention of the Sea by Oil This convention, also called OILPOL (http://www.internationallawhelp.com/convention_prevention_pollution_sea_oil.htm) and ratified in 1954, was the first of it s kind to prevent the pollution of the sea by oil by tankers. It prohibited the discharge of oil or oil mixture by tankers within prohibited zones. In 1969, amendments were made to OILPOL that created even more stringent requirements for operational discharges. This was done because the design of oil tankers had changed since 1954 to a â€Å"load-on-top system† (Global instruments, n.d.) OILPOL was further amended in 1971 that imposed new standards on the construction of oil tankers. It was superseded by the 1973/78 MARPOL

Research Essay Paper Example | Topics and Well Written Essays - 1500 words

Essay - Research Paper Example Opium is a danger that is rottening the economical and social development of the country and also is destroying the future generation of the world. The Afghanistan was once notorious for its opium cultivation .However recently this business has weakened due to the international fight upon them by western power and destabilizing faced by the Taliban regime. It could be accounted that, the illiteracy and poverty in this nation are the main culprits which intimidate people to indulge in drug cultivation and trafficking. In the website Bryskine writes that :â€Å"According to the survey on drug use in Afghanistan by the UNODC, there are nearly 50,000 heroin users in the country as a whole, and an additional 150,000 who use opium†(Bryskine). Another disturbing fact is the wide use of drug prevalent among the people of opium trading communities. The young people as well as middle aged men are not educated, skilled and advanced to take up a normal job and they ignorantly remain engag ed in the ecstasy of the opium consumption Drugs effect on the people and society. It is seen that numerous amount of people including children and women are taking the escort of drugs to forget the pain and poverty they face in their daily life. In a news article writer Nelson states that: â€Å"United Nations survey begun this month is widely expected to show that at least 1 in 12 people in Afghanistan abuses drugs double the number in the last survey four years ago†(Nelson). The women, who are much suppressed in their social interaction, develop the habit of drug abusing inside the secrecy of mud compounded walls. The soaring number of drug use in Afghan region also aggravated violence and domestic atrocities among men and youngsters .They remain in the intoxication of opium, and refrain from attending schools or potential professions opportunities. They smoke opium which is cheap in their region and beg for money which is an easy method to sustain them. According to the w riter Kelly: â€Å"Conditions are ripe for drug use in Afghanistan: the country is swelled by the return of refugees from Pakistan and Iran, where opium use is endemic† (Kelly).The widespread abundance of the opium has alleviated the number of drug abusers all around the opium cultivating regions of Afghanistan. Seemingly, there are millions of drug addicts in Afghanistan and the government instead of taking care of this population is thriving on the business of opium. The number of drug addicts of the country is only increasing with nobody to educate this poor people about the ill effects of opium use. It is even observed that ,women even sell their babies in search of the drug which is a pathetic plight for humanity Force behind drug trafficking in Afghan Currently Afghanistan is the largest drug producing country in the world. In an article the writer Carpenter mentions that:â€Å" The 2010 Afghanistan opium survey, which United Nation have recently released have revealed that the country’s opium production have decline 48% over the past year†(Carpenter) The opium plants are grown in the lands of tribal war land lords and these landlords are the part of Afghan government .This opium cultivation has taken the place of cottage industry in

The Reason Behind Criminal Sentencing Essay Example for Free

The Reason Behind Criminal Sentencing Essay When someone commits a crime and they are caught and convicted they receive some type of punishment through the process of sentencing. The three main reasons for criminal sentencing are punishment, crime reduction and reparation. Some types of sentencing may contain things to help with deterrence, rehabilitation, incapacitation and retribution of the convicted criminal. When someone is found guilty of committing a crime a court of law must decide what the punishment will be. The eighth amendment to our constitution prevents some one from receiving â€Å"cruel or unusual punishment† which means that someone found guilty of robbery can not receive the death penalty or that the punishment must fit the crime. Punishment may come in the form of serving time in a jail or prison. The length of time will depend on the type of crime committed and how serious the offense was. Someone who deprives another person of property is not going to receive the same amount of time as someone who intentionally kills someone. A convicted criminal may also be subjected to probation or some other types of things as part of being released out into society again. These are meant as a type of prevention tool to help a criminal not reoffend in the future. When people who are convicted of crimes receive some type of punishment it is hoped that it will reduce the rate of crime in an area or city. It is assumed that when others see and hear about a person being punished for doing a crime they might stop and think before they commit a crime themselves. Punishment can also come in the form of reparation which is often in the form of money being paid by the criminal to the victim. In certain cases community service can be imposed on a criminal in place of money or jail time or can be added as part of a way to be released early. When it comes to deterrence there are two types specific and general. Specific deterrence is meant to scare the offender enough to prevent them from committing crime in the future. General deterrence is meant to scare society by teaching them a lesson and showing those in society what can and will happen if you commit a crime. http://www.uslaw.com/us_law_article.php?a=249

A Good Samaritan Law is Never a Good Idea Essay -- Argumentative Persu

A Good Samaritan Law is Never a Good Idea Less than one year ago, the largest television audience since the series finale of M*A *S*H tuned in to watch the last episode of Seinfeld As the nation watched, Jerry, Elaine, George, and Kramer said farewell with the arrest, trial, and conviction of violating a Good Samaritan law. While this made for a hilarious television show, this law itself seems to both contradict its essence as well as violate the right to freedom of choice of a citizen. The Good Samaritan law, which requires a bystander to provide aid to those who are in harm’s way if there is no apparent immediate danger to the bystander, encroaches upon the rights of a citizen. This law is an inexcusable violation of American civil liberties and should be stricken from the records, leaving only people’s moral compasses as their guide. The morality of this law is relatively simple: help those in trouble. Generally society seems to consider it a moral obligation to prevent the injury of another person, sometimes even at risk to one’s self. People who do not help others in need are frequently bad examples for the rest of the world. For example, in Charles Dickens’s classic A Christmas Carol, Ebeneezer Scrooge is infamous for his selfishness and disregard for the well-being of others such as Bob Cratchett and his family (barely paying him and not allowing him more than a day for Christmas). Scrooge’s partner, Jacob Marley, is damned for the same type of crimes. The only path to redemption for Ebeneezer is through helping others who are in need: giving food to the Cratchetts and caring for a sickly Tiny Tim. While Scrooge had a moral reason to help others, there was no Constitutional burden to do so. If the federal... ...ce call buttons more accessible to the public since many are willing to contact the law enforcement officials. Although Jerry and Elaine can not seem to provide more than a few jokes when seeing their fellow man in trouble, the majority of Americans seem to be willing to help. Despite several incidents to the contrary, the morals of most people will guide them. These less-talked-about occasions in which people called the police, yelled for help, or even tried to physically stop attackers outweigh the apathetic few. With these facts in mind, this law presents unacceptable violations of the freedom of liberty. Ultimately, then, Good Samaritan laws are both unnecessary and dangerous. Bibliography â€Å"Good Samaritan Laws are Questionable.† alt.politics.lawenforcenieflt.Ca.Com (12 October 1998) â€Å"Rapist-Murderer Case.† alt.adoption.com (03 September 1998).

Role and Performance of Government and Ngos in Relie F

ijcrb. webs. com INTERDISCIPLINARY JOURNAL OF CONTEMPORARY RESEARCH IN BUSINESS JUNE 2011 VOL 3, NO 2 Role and Performance of Government and NGOs in Relief Assistance: A Case Study of 2005 Earthquake61 Khalil Ahmad(Corresponding author) Assistant Professor of Economics University of the Punjab, Lahore Tanveer Ahmed Naveed Lecturer, Department of Economics University of Gujrat Sami Ullah Lecturer, Department of Economics University of Gujrat Tahir Rashid Ph. D.Scholar at Government College University, Lahore (Pakistan) Abstract This study investigates the role and performance of Pakistan government and humanitarian agencies during relief and emergency aid assistance to 2005 earthquake victims. This comparative study is based on empirical data collected from 30 most affected villages of NWFP (Pakistan) and AJK through a sample survey on 1st anniversary of 2005 earthquake. About 500 randomly selected heads of the families were interviewed in the sampled area.Mann-Whitney Wilcoxon test i s used to compare the relief assistance provision and satisfaction shown by sufferers toward government agencies and Non-governmental Organizations (NGOs) during relief program. While Chi-Squire test is used only to investigate the relationship between affected areas and respondents’ demographic characteristics. Evidently, results show that the NGOs provided more relief items in a better way to victims of 2005 earthquake than did the Government of Pakistan. This study will be helpful in disaster management planning at government and non-governmental levels.Keywords: Performance; Earthquake; NGOs; Government; Relief Efforts BACKGROUND AND INTRODUCTION Pakistan experienced a destructive earthquake on October 8, 2005, at 8:50 PST, intensity of 7. 6 measuring on Richter scale. Arguably, this was the most devastating disaster in Pakistan’s history. The earthquake epicenter was located 100 kilometers north-northeast of Islamabad. Intensity of losses increased by a series of aftershocks, more than 1000 aftershocks ‘ranging from magnitude 5. 0 to 6. 0’ were recorded as of October 27th in IndiaPakistan Kashmir region. 61 Authors are very thankful to PATTAN Development Organization (National NGO) and Dr.S. M. Naseem for financial help and motivation in study conduction COPY RIGHT  © 2011 Institute of Interdisciplinary Business Research 1726 ijcrb. webs. com INTERDISCIPLINARY JOURNAL OF CONTEMPORARY RESEARCH IN BUSINESS JUNE 2011 VOL 3, NO 2 At least 73,000 people had died, another 70,000 had been severely injured or disabled and over 2. 8 million persons have been left without shelter. In addition, 600,000 houses, 6,298 schools and 796 health facilities were demolished. About 6,440 kilo meters roads were damaged and 50-70% of the water supply, sanitation, telecommunication and power infrastructure was rendered un-operational. Pakistan 2006) It is nearly impossible to figure out exact economic impact of earthquake 2005. In total, about US$5. 2 billion was estimated cost of earthquake; includes cost of relief provision to victims, restoration of livelihood support and short, medium and long term reconstruction (ADB and World Bank, 2005). The most immediate task was rescue of people trapped in collapsed buildings and to transport them at safer places along with provision of relief to survivors to save the lives and to secure the dignity of affected population (ERRA, Annual Review 2005 to 2006).The Government of Pakistan immediately realized the enormity of the task and appealed to the international community for emergency assistance. The Government of Pakistan and national & international agencies took immediate measures for rescue, relief and reconstruction for 3. 5 million affected people of NWFP and AJK. Generally, donor agencies and the external sources prefer to channelize emergency assistance to disaster victims through international and/or indigenous NGOs due to all pervasive corruption and misappropriation of reli ef funds on the part of the Governments.The government of Pakistan and participating slocal, national, and international nongovernmental organizations (NGOs) with the help of domestic and external sources initiated massive rescue and relief activities in the area. (ERRA, Annual Review 2005 to 2006) Both, government of Pakistan and NGOs played important role in relief distribution and rehabilitation activities. Government of Pakistan established the central coordination office for rescue and relief started to work at Prime Minister (PM) Secretariat immediately after the earthquake.Federal Relief Commission was established on 10th October 2005 to mobilize all resources, to coordinate activities and to facilitate flow of relief goods (ERRA, Annual Review 2005 to 2006). The Federal Relief Commission (FRC) of Pakistan Government, Armed Forces, International donors, UN agencies and local NGOs joined hands to undertake the huge operation for delivering emergency relief against challenges s uch as mountainous terrain, distant and difficult to access communities, changing weather conditions, resource constraint, and overwhelming suffering of the people.On March 31st 2006, the Government of Pakistan officially ended the ‘Relief’ phase and the Federal Relief Commission (FRC) was subsumed into Earthquake Reconstruction and Rehabilitation Authority (ERRA). Government of Pakistan, NGOs and international nongovernmental organizations (INGOs) performed different rescue, relief and rehabilitation activities during the first year of the 2005 disaster. Relief provided by FRC with assistance from foreign governments, INGOs, NGOs, individuals and corporate sponsors are summarized in Table 1.COPY RIGHT  © 2011 Institute of Interdisciplinary Business Research 1727 ijcrb. webs. com INTERDISCIPLINARY JOURNAL OF CONTEMPORARY RESEARCH IN BUSINESS Table 1: Joint Relief Delivered to the Affected Population Relief Goods and Services Temporary Shelters to Families Tents Blanke ts / Quilts Ration( in tons) Medicines (in tons) Field Hospitals Established Field /Mobile Medical Teams Sorties Flown Quantity 385,000 951,790 6,361,090 256,376 3053. 76 65 86 30,334 JUNE 2011 VOL 3, NO 2 Source: ERRA, Annual Review 2005 to 2006 (From October 2005 to March 2006)Empirical studies suggest that nations with greater resources, better awareness and preparedness are more able to restore and move to normality faster than poor and less prepared nations during disasters. According to the Mid-America Earthquake Center, ‘‘the biggest earthquakes in the region (Pakistan & India) are yet-to-come’’ (Boyd 2006, p. 1). â€Å"Theoretical studies indicate that the energy stored along the Himalayan arc suggests a high probability of several massive earthquakes of magnitude (greater than) 8. 0 in the future† (Shaheen 2007, p. ) â€Å"Theoretical studies indicate that the energy stored along the Himalayan arc suggests a high probability of several mass ive earthquakes of magnitude (greater than) 8. 0 in the future† (Shaheen 2007, p. 1). Research on disasters could be used as a tool for creating better preparedness to combat with future disasters. Further, it helps formulate a comprehensive strategy for disaster management. This research study based on Pakistan’s experience and response to disaster 2005 would be of greater importance for other countries facing similar disasters.Objectively, researchers have investigated various aspects of the 2005 earthquake. However, this study sheds light on role, responsibilities and performance of Governmental institutions and Non-governmental organizations during rescue and relief efforts. This study compares performance of the Pakistan government with NGOs with regard to management and distribution of emergency aid to 2005 earthquake victims during and immediately after the disaster.This comparison is based on data obtained from three most affected areas of NWFP (Pakistan) and AJ K through a sample survey conducted on earthquake victims in October 2006, on the 1st anniversary of 2005 earthquake. Literature Review Pakistan is prone to frequent disasters that inflicted severe losses to property and lives. More frequent disasters are floods, droughts and earthquakes. However, the history reveals that earthquakes were the worst disasters regarding losses to lives (ERRA, Annual Review 2005 to 2006).In 1950, Pakistan witnessed the first severe flood disaster that claimed 2910 lives and affected more than 10,000 villages. Since then, floods, droughts, cyclones, earthquakes and landslides have been striking with regular intervals but none of the successive governments could ever devise a comprehensive strategy for disaster management (A Review of DMP&S in Pakistan). There was a major earthquake in Quetta, Balochistan, in COPY RIGHT  © 2011 Institute of Interdisciplinary Business Research 1728 ijcrb. webs. comINTERDISCIPLINARY JOURNAL OF CONTEMPORARY RESEARCH IN BU SINESS JUNE 2011 VOL 3, NO 2 1935 when the entire city was destroyed. From 1974 to 1990, approximately 5669 people were killed due to earthquakes in the Northern Areas (NA), NWFP and Balochistan (A Review of DMP&S in Pakistan). A brief history of earthquakes in Pakistan along with intensity and resulting human losses is given in Table 2. Table 2: Details of Earthquakes in Pakistan Date May 31, 1935 November 28, 1945 December 28, 1974 October 8, 2005 October 29, 2008 Magnitude 7. 7. 8 6. 2 7. 6 6. 4 Deaths 30,000 – 60,000 4,000 5,300 80,000 215 Injuries and Destruction Tsunami 17,000 injured 3. 5 million people homeless 120,000 homeless District/Province Ali Jaan, Balochistan Balochistan Hunza, Hazara and Swat Muzaffarabad (AJK) Ziarat District, Quetta Source: www. wikipedia. org. com As Pakistan is in a seismic belt, therefore, it suffers from frequent earthquakes of small magnitudes. Mountain ranges of Koh-e-Suleman, Hindu Kush and Karakorum are significantly vulnerable.The devastation can be immense because of the poor quality of buildings and housing (A Review of DMP&S in Pakistan). During the 2005 earthquake a large number of government buildings constructed by the contractors in AJK and Balakot area, collapsed in the first jerk of the quake. This is the overall impression of the people in the earthquake devastated areas that between 30 and 60 per cent of funds for government buildings, including schools, are spoiled by corrupt officials. Contractors habitual of such kickbacks spend less on quality materials resulting in poorly constructed buildings.Therefore, systemic corruption in government construction projects would be directly responsible for the devastating losses of next generation in northern areas of Pakistan (Shaheen, 2008). In addition, there was no adequate crisis management structure in Pakistan prior to the 2005 earthquake and none have any past experience to deal with such severe natural disasters. Although, the army and several NGO groups took the initiative in launching rescue and relief efforts, however, the onerous responsibility of reconstruction and rebuilding rested on the government (Prakash Ouis, 2001).Further, high dependence on natural resources makes communities vulnerable particularly to changes in resource condition (Pomeroy et al. , 2006). Mostly, all-pervasive corruption and abuse of relief aid by Government agencies and bureaucratic style of humanitarian organizations distracts them from the needs of the people they are supposed to assist, in favor of other values that their institutional frameworks dictate (Binini, 2006).This claim was tested by investigating the response to the Pakistan 2005 earthquake and a closer look at data suggests that there was not an optimal match between survivor needs and relief deliveries (Binini, 2006). A certain degree of coordination failure is, of course, inevitable in disasters of this scale. However, Pakistan’s domestic and external political situation made such co-ordination even more problematic and highlighted the need for a bottom up strategy to tap the resources at the local and grass-root levels.Literature represents different strategies adopted by the world by learning from experiences, how to combat with future disasters, how one can better prepare to face less socio-economic and COPY RIGHT  © 2011 Institute of Interdisciplinary Business Research 1729 ijcrb. webs. com INTERDISCIPLINARY JOURNAL OF CONTEMPORARY RESEARCH IN BUSINESS JUNE 2011 VOL 3, NO 2 human losses. Many countries like Italy adopted insurance policy measures to combat natural catastrophes (Amendola, 2000). This raises the question whether government agencies and NGOs played the required role during relief phase of 2005 earthquake?Did the government or NGOs performed better during provision of relief aid to victims. Whether the international donations and NGO development programs aimed at reducing vulnerability to earthquakes are an appropriate response t o the earthquake hazard or not (Shaheen, 2008). Are earthquake victims satisfied that relief provided by Government and NGOs was according to their need and secured dignity during relief disbursement? So did Pakistan learn any lesson? If yes, what policy planning Pakistan adopted for future Disaster Risk Mitigation?These all aspects are required to investigate for better preparedness, mitigation and for future disaster response. The purpose of this research is to investigate the role and performance of government of Pakistan and humanitarian agencies during relief and emergency aid assistance of 2005 earthquake victims. Further to evaluate, comparatively who performed better. This study will be helpful in disaster management planning at government and non-government levels. Typically, this study is unique in its nature and will be an imperative contribution to the body of research concerning disaster management in Pakistan.Methodology and Data collection The primary source of data f or this research was field survey conducted in October 2006, immediately after the Pakistan government earthquake emergency relief assistance programs ended. About 500 household heads in the most affected districts (areas) of Pakistan and Kashmir â€Å"Mansehra, Bagh and Muzaffarabad† were contacted to investigate the role and performance of Government agencies and NGOs in various rescue, relief and rehabilitation programs. While survey team couldn’t conduct interviews in fourth most affected district â€Å"Batagram† due to adverse circumstances (i. . cultural, religious and political reasons, at the particular moment). Individual household was the basic sampling unit. â€Å"A household is a group of people in a dwelling unit living together as a family and sharing the same kitchen† (PAUL 2003). In the first stage of the design of the survey, out of nine, three most affected districts were selected. In the second stage, 15 most affected union councils wer e selected (5 UCs in each district). In the third stage, 30 villages or Mohalahs (for urban) were randomly selected.As affected area is consisted of diversified topography, so to find impartial and faultless response urban and rural localities were also considered. Similarly, male and female respondents were selected proportionately to find statistically reliable and significant results. A comprehensive questionnaire containing demographic information of respondents followed by data relating to socio-economic impact of disaster along with opinion questions with regard to the distribution of inflict relief by the government and NGOs were asked to household heads. A household head is defined as the person who makes the major economic, social, and household decisions, irrespective of this individual's age and gender† (PAUL 2003). Key Questions 1. Comparatively, who performed better during rescue and relief phase of 2005 earthquake, the NGOs or Government of Pakistan? COPY RIGHT à ‚ © 2011 Institute of Interdisciplinary Business Research 1730 ijcrb. webs. com INTERDISCIPLINARY JOURNAL OF CONTEMPORARY RESEARCH IN BUSINESS JUNE 2011 VOL 3, NO 2 a. Who provided more relief to the 2005 earthquake victims in the emergency/relief phase? . To what extent 2005 earthquake victims are satisfied with the Government and NGOs’ performance Performance is measured by ‘both’ provision of relief items to affectees and satisfaction level shown by respondents toward Government agencies and NGOs. Relief includes following items; rescue, transportation, shelters, food, bedding, cooking utensils, information and awareness, education, training, money, health facilities that were essentially required soon after disaster to survivors to live with dignity.Whereas variable government includes; Army, ERRA, PERRA, DRU, Local Administration, Federal Government, and other governmental institutions that took part in rescue and relief phase. Moreover, Non-governmental Org anizations includes; indigenous NGOs, International NGOs, UN Agencies. Analysis Techniques To analyze the amount of external support provided to the afectees by the government and to test whether the amount of received support was in accordance with their socio-economic conditions, chi-square test of association and Mann-Whitney Test (nonparametric tests) are used.Chi-Squire test is used only to investigate the relationship between affected areas and respondents’ demographic characteristics (occupation, education, sex and locality). Mann-Whitney Test is used to determine if a difference exists between performances of two groups: Government and NGOs. Unlike t-test, Mann-Whitney Test does not require normal distribution of data (MacFarland, 1998). Subsequent analysis is performed by using the SPSS.The nature of the relationship between socio-economic indicators receipt of assistance will be helpful for evaluation of the equitability and performance of the government and NGOs re lief assistance efforts during earthquake 2005. In general, there is a positive relationship between the amount of emergency aid received by earthquake victims and their socio-economic conditions. Poor victims, owing to their weak political and economic power, receive much less assistance than rich victims. Results and Discussion Devastation of 2005 earthquake could be portrayed by housing destruction of affected regions.Data represents that 100% living was affected by disaster. In total, 75% people substantiated complete demolition of houses, while remaining 25% claimed partial damage. Table 3 explains the area wise house damage caused by earthquake. Remarkably, data regarding house damage shows approximately similar trends as shown in district profiles prepared by ERRA. Table 3: Destruction of housing by 2005 Earthquake House damage Completely Damaged Partially damaged Not damaged Total Bagh 80. 7% 18. 4% 0. 9% 100% Area wise breakdown Mansehra Muzaffarabad 77. 5% 69. % 22. 0% 30. 1% 0. 6% 0. 00% 100% 100% Total 75. 2% 24. 4% 0. 4% 100% COPY RIGHT  © 2011 Institute of Interdisciplinary Business Research 1731 ijcrb. webs. com INTERDISCIPLINARY JOURNAL OF CONTEMPORARY RESEARCH IN BUSINESS JUNE 2011 VOL 3, NO 2 Nearly, all the respondents reported that they had received the external aid ‘in any form’, either from governmental agencies, NGOs, INGOs, friends/relatives or from individual philanthropists. Collectively, about 85% respondents ranked NGOs and Government agencies topmost helping hands during relief phase.The remaining 15% reported that they seek assistance either from relatives, friends, neighbors, individual philanthropists and they ranked the same at top. The following analysis of the assistance received by victims is based on the response of 85% of respondents who availed some form of assistance. Table 4 shows selected characteristics of the respondents; mainly they were segregated into four occupational groups: farming, services, bus iness, and others. Mountainous geographic location of the area is the reason that only 6. % of the selected population is engaged in farming and 19. 7% in business profession. Moreover, majority of respondents (68%) were employed in services sector (including both public and private services). The analysis based on Chi-square test reveals that there was a significant difference in the occupational characteristics of respondents in all the three sites covered in the present Table 4: Percentage Distribution of Demographic characteristics of the respondents Characteristics Profession Farming Services Business Others Bagh 5. 4 69. 6 19. 6 5. 4 100 39. 13. 3 31. 9 15 100 25. 2 74. 8 100 55. 3 44. 7 100 Districts Mansehra Muzzaffarabad 11. 7 2. 6 59. 6 74. 7 20. 5 19. 1 8. 2 3. 6 100 100 47. 7 13. 8 23. 0 15. 5 100 22. 2 77. 8 100 52. 6 47. 4 100 46. 2 9. 7 25. 1 19. 0 100 38. 8 61. 2 100 48. 5 51. 5 100 Total 6. 5 68. 1 19. 7 5. 7 100 45. 2 12. 0 25. 9 16. 8 100 29. 7 70. 3 100 51. 6 48. 4 100 X2=18. 490 (df=6; p=0. 005) Education Illiterate 1-5 years 6-10 years Above 10 years X2=5. 531 (df=6; p=0. 478) Locality Urban Rural X2=13. 889 (df=2; p=0. 001) Sex Male Female Total X2=1. 451 (df=2; p=0. 484) study.Analysis indicates greater dependency of the affected area population on non-farming income generation sources. While in Mansehra (NWFP) 11% of respondents disclosed that their major source of income was agriculture which was highest engagement in farming throughout study area. The survey data revealed that sample consisted of 45% illiterate respondents. Further gender analysis shows that illiterate women ratio was significantly higher than male illiterate population i. e. 70% and 30% respectively of total 45%. Table 5 illustrates discriminating behavior of society regarding educational acilities to female population of the area. Chi-Squire test shows highly significant results, that is educational COPY RIGHT  © 2011 Institute of Interdisciplinary Business Resea rch 1732 ijcrb. webs. com INTERDISCIPLINARY JOURNAL OF CONTEMPORARY RESEARCH IN BUSINESS JUNE 2011 VOL 3, NO 2 level is drastically different between male and female population of selected area. Interestingly, official data regarding gender wise literacy also have approximately similar trends. Table 5: Gender wise breakdown of educational level of respondents (in Percentage) Illiterate 1-5 years Male 30. 64. 9 Female 69. 7 35. 1 Total 100. 0 100. 0 X2=76. 827 (df=3; p=0. 000) Sex Educational Level 6-10 years Above 10 years 64. 8 79. 0 35. 2 21. 0 100. 0 100. 0 Total 51. 6 48. 4 100. 0 The null hypothesis that there is no difference in provision of relief assistance to 2005 earthquake victims by Government and NGOs was tested by using Mann-Whitney test. Significance can be verified by comparing the computed test statistic (e. g. , U) with its critical value. By interpretation of the p (probability) value, it is observed that p= 0. 005, which is smaller than the 0. 05.Comparison of te st statistics with its table value and the probability method both suggest the rejection of Null hypothesis which states that there is no significant difference between government-provided relief aid and that of NGOs. Further the higher mean rank for NGOs (518 vs. 467) supports the conclusion that the NGOs provided more relief items in better way to victims of 2005 earthquake than Government of Pakistan. Table 6: Comparison of Relief Support Groups N Mean Rank Government 492 467. 53 Relief Support NGOs 492 517. 47 Total 984 Test Statistics Test StatisticMann-Whitney U Wilcoxon W Z Asymp. Sig. (2-tailed) Sum of Ranks 230022. 50 254597. 50 Relief Support 108744. 500 230022. 500 -2. 824 0. 005 Evidently performance is directly associated with satisfaction. Satisfaction is persons feeling of pleasure as a result of comparing a product perceived outcome in relation to his/her expectations. Consequently, if the performance exceeds the expectation, the beneficiary is very satisfied. If out come equals the expectation, the receiver is satisfied. But if the performance falls below the expectation, then the recipient is dissatisfied.In this study Mann-Whitney Wilcoxon test is used to compare satisfaction shown by sufferers toward government and NGOs role during relief program. Test shows extremely significant results. Similar to 1st null hypothesis, 2nd null hypothesis is also significantly rejected, that is, there is no difference in satisfaction shown by victims towards NGOs and Government of Pakistan for relief provision. Further, it explains that NGOs (including both the indigenous and the international) prevailing in Pakistan have played an effective and impartial role in the distribution of relief assistance than did the government organizations.So results show that COPY RIGHT  © 2011 Institute of Interdisciplinary Business Research 1733 ijcrb. webs. com INTERDISCIPLINARY JOURNAL OF CONTEMPORARY RESEARCH IN BUSINESS JUNE 2011 VOL 3, NO 2 credibility of NGOs botto m-up approach is higher than that of the government based on topdown directives. In so for as performance is concerned, people are more satisfied with the role played by NGOs/INGOs as compared to Government Agencies during the relief phase. Table 7: Comparison of Satisfaction Groups/Satisfaction Government NGOs Total Statistic Mann-Whitney U Wilcoxon W Z Asymp. Sig. (2-tailed) N 492 492 984 Mean Rank 354. 310976 630. 3689024 Sum of Ranks 174478. 5 310141. 5 Test Statistics Satisfaction 53200. 5 174478. 5 -15. 242 0. 000 Conclusion In 2005, Pakistan experienced the most disturbing earthquake in its history. Pakistan government and humanitarian agencies initiated wide range of relief efforts for the survival of victims. This study is an effort to compare the relief disbursement efforts carried out by the NGOs and the government. Further, it looks at the possible association between socioeconomic characteristics of the disaster victims and the amount of assistance they received from th e government and/or from the NGOs.To probe these objectives, this study used a primary data in which 500 household heads of 30 villages of 15 union councils of three districts have been interviewed. The analysis of data indicates that though both, government of Pakistan and NGOs’ played significant role during rescue and relief assistance, the majority of respondents reported that they were more satisfied by the NGOs work compared to government efforts. Further majority of the respondents believed that NGOs performed much better in relief provision than the government of Pakistan.Recognition to NGOs efforts could be due to non-bureaucratic working style, proper need assessment, ensuring victim participation in decision making, acting as per sphere standards while helping the communities. Moreover, wide range of experience in working with effected communities and use of more participatory approach made them more efficient and successful. Respondents’ opinions regarding less efficient role of government could be due to unmet very high and irrational victims’ expectations. Further NGOs are supposed to work in specified area with having fewer responsibilities and more skills.Whereas governments’ working area and responsibilities are spread to all affected population regardless of degree of severity. Moreover, important policy implication of this study is that if government agencies would not handle relief efforts effectively and efficiently than donor agencies may rethink their procedure and channelize future emergency aid and development funding through NGOs or sub-offices. This mistrust has been experienced by government of Pakistan in current flood disaster on both, public and donors’ ends.But optimistically this might lead to COPY RIGHT  © 2011 Institute of Interdisciplinary Business Research 1734 ijcrb. webs. com INTERDISCIPLINARY JOURNAL OF CONTEMPORARY RESEARCH IN BUSINESS JUNE 2011 VOL 3, NO 2 expansion of NGOs in Pakis tan. So government need not only develop institutional and technical skills to cope with future disasters but also consider expansion to NGOs as alternative to mitigate the hazards and strive to strengthen them. COPY RIGHT  © 2011 Institute of Interdisciplinary Business Research 1735 ijcrb. webs. com INTERDISCIPLINARY JOURNAL OF CONTEMPORARY RESEARCH IN BUSINESS ReferencesJUNE 2011 VOL 3, NO 2 Action Aid International (2006), The Evolving UN Cluster Approach in the Aftermath of the Pakistan Earthquake: An NGO Perspective. Action Aid International, London. ADB-WB (2005), Preliminary damages and need assessment—Pakistan 2005 earthquake, prepared by Asian Development Bank and World Bank, Islamabad, Pakistan, November 12, 2005. Amendola, Aniello, 2000, ‘Earthquake Risk Management: A case study for an Italian Region†, International Institute for Applied Systems, A-2361 Laxenburg, Austria. Benini, A. 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Hall 2006, ‘Coping with disaster: Rehabilitating coastal livelihoods and communities’ Elsevier, Ma rine Policy 30, PP 786–793. Shaheen, M. A. (2007), Academic Institutions and Libraries of Pakistani Administered Kashmir: A Pre and Post Earthquake Analysis, A Paper read on 73rd IFLA General Conference and Council held on 19-23 August 2007 at Durban, South Africa. Shaheen, M.A. (2008), ‘Earthquake effects on educational institutions and libraries of Azad Kashmir An appraisal’, Emerald, Vol. 57, No. 6, 2008, pp. 449-456. COPY RIGHT  © 2011 Institute of Interdisciplinary Business Research 1736 Copyright of Interdisciplinary Journal of Contemporary Research in Business is the property of Interdisciplinary Journal of Contemporary Research in Business and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use.