Social Networking Media and Using Proper Online Ettiquette

Public and private information/ they are responsible for educating users to properly conduct themselves to protect the way individuals are viewed and perceived online. This way the corporation can better protect the individual member, regulating positive and negative impacts to individual character online, while still marketing and extracting private information for future corporate uses, yet to be determined. Better explanations are also needed to explain the basic information needed to guide people to understanding the â€Å"social media† guidelines as well as implications made from participating in online media forums. First, social networking media are not true public spaces. Facebook, MySpace, and other such networks are privately owned†¦show more content†¦Given the rapid technological changes of the past several decades, for today’s psychologists, unintentional self-disclosure is not limited to the art on one’s office wall. A curious client may co nduct an Internet search to discover any available information about a particular psychologist’s life (Taylor, McMinn, Bufford, Chang, 2010. The need to allow access to this type of resource of media is best explained by the psychologists interviewed and viewing of personal information is on a need to know basis strictly. At this point the explanation and goals of mass media dynamic vary so drastically from the general public information disclosed daily; information disclosure is at a free for all now jeopardizing personal and national securities and assets all the while disclosing the confidential threads that bind our great society. In most cases how to properly behave on a social network may seem obvious to a lot of educated people, but others clearly need some guidance on the basics. (Goodman, WORLD WIDE WORRY) mass media information from social networks is accessible worldwide and the impact of judgmental scrutiny has and can be passed across culture and society in many different ways positive and/or negative. Information in social network form needs only be displayed in a way of importance focusing on dignity keeping private information confidential and public information on a need to know

Essay Platos Apology of Socrates and Crito - 1326 Words

Socrates Sides With? nbsp;nbsp;nbsp;nbsp;nbsp;Through my reading of Platos Apology of Socrates and Crito, I have been able to see how Socrates makes important decisions and what he primarily bases his decisions on. As a individual person we have individual morals which lead us to our own moral or immoral decisions. Sometimes are own morals or beliefs might oppose the views of the state or the enforced law that clams to find justice. In this case we rely on our own beliefs that may be through passed down morals or through ones belief in a higher power to find justice. In my view I feel that Socrates respects the states law and ability to find justice but is willing to question it when his own morals or views on justice conflict†¦show more content†¦So she goes against the state because she feels her morals will be the right thing to do. Antigone says to Ismene her sister, And now you can prove what you are: A true sister, or a traitor to your family.;(Antigone 190) From this one can see that Anti gone feels that family comes before the state and since it has not she will go against the state and do what she feels is right. nbsp;nbsp;nbsp;nbsp;nbsp;The question at hand is on what side would Socrates stand on, Creons or Antigones. I feel that Socrates has great respect for the state but is definitely not afraid to question officials to try and find Justice. He shows this attribute when he fights for his life in the Apology of Socrates. Prove of this is shown in the Apology when the Athenians other a deal to Socrates. They say they will let Socrates go as long as he promises to never to inquiry others and to stop philosophizing. They add that if they catch him continuing his practice that they will put him to death. Socrates responds, Athenians, I respect and I love you, but Ill obey the god rather than you.;(Apology of Socrates 21) Through this one can see that he does respect the state but there are just things that the state rules on that he can not justify so he goes against them and does what he feels is right. nbsp;nbsp;nbsp;nbsp;nbsp;Through that one excerpt I find it to be clear that Socrates would stand by Antigone and her actions. Antigone says, Your edict, King was strong, But allShow MoreRelatedThe Presentation of Socrates Arguements in Plato’s Apology and Crito792 Words   |  4 PagesIn both Plato’s Apology and Crito, Plato presents Socrates arguments clearly and precisely. Socrates is wise man with a different perspective on life, which presents us with a mass of contradictions. Socrates is an expressive man, yet he never recorded any works. He is ignorant, but wrongfully convicted who is willing to fight his unjust execution. Behind these dilemmas is an opposition not often explored. Socrates is the most patriotic of philosophers, who is dedicated to his state. Exploring thisRead MorePlato s Apology And Crito983 Words   |  4 Pagesmarked the history of humanity on earth. In the following written works, Plato’s Apology and Crito, The Gospel According to Mark, and Dante’s Inferno, religion and politics are shown to be intertwined, which emphasizes the impact of each individual character in each written work. Also, these written works explain how politics are affected by religion and vice versa. Plato’s Apology and Crito are plays that explain how Socrates, who was considered an honored and the wisest man in all of Athens by theRead MoreEssay on Socrates Fight for Justice1101 Words   |  5 PagesIn Plato’s works Apology and Crito there is an attempt by Socrates to defend himself in court and defend his choice to receive the death penalty when found guilty. Although he makes very valid and strong arguments throughout one can only wonder why such a wise person would choose death over life. The following essay will analyze three quotes from Apology and Crito, find the correlation between them, and reveal any flaws that may exsist inside these arguments made by Socrates. In Plato’s Apology SocratesRead MoreThe Reconciliation Of Two Positions1696 Words   |  7 Pagesmost prominent individuals in history, Socrates not only helped to set up the foundations for Western philosophy, but the legacy he left behind is something that is still being discussed today by historians and philosophers alike. Socrates is renowned for standing up for his beliefs even in the midst of death as portrayed in Plato’s account of Socrates’ defense speech, Apology, in which he gave during his 339 B.C. trial. It is in this eminent speech that Socrates is able show the dedication he has forRead MorePlato s Apology And Crito977 Words   |  4 Pageshistory of humanity on earth. In the following written works, Plato’s apology and Crito, The gospel according to Mark and Date’s Inferno, in each of these works religion and politics are intertwined to show the impact of these in each character in each written work. Also, these written works explai n how politics are affected by religion and vice versa. In Plato’s Apology and Crito, are two consecutive plays that explain how Socrates, which was considered an honored and the wisest man in all AthensRead MoreThe Comparison Of Socrates And The Death Of Plato And Plato1292 Words   |  6 Pagesdrawing and different pieces of art to the Bible. Today we will be discussing the The Death of Socrates (Apology Crito and Phaedo) and the author Plato. Plato was a student of Socrates. In these dialogues, he narrates the events leading up to Socrates’ death. To begin I will be discussing the reasons why Plato wrote these dialogues. Leading into the discussion of each dialogue and the importance each work. Socrates was a man who in these dialogues discusses how during his life he knew that he did not knowRead MorePlato s Apology And Crito976 Words   |  4 Pagesthe history of humanity in earth. In the following written works, Plato’s apology and Crito, The gospel according to Mark and Date’s inferno, in each of the se work religion and politics are intertwined to show the impact of these in each character in each written work. Also, these written works explain how politics is affected by religion and vise versa. In Plato’s Apology and Crito are two consecutive plays that explain how Socrates, which was considered an honored and the most wise man in all AthensRead MoreSocrates will Refuse the Jurys Decision1397 Words   |  6 PagesDuring Socrates’ defense against Meletus, Anytus, and Lycon in Plato’s Apology, Socrates states that he will refuse the jury’s decision, regarded as the Law of Athens, if the court were to acquit him on the basis that he stops practicing philosophy. However, later in Plato’s Crito, Socrates explains he cannot escape from prison due to the laws of Athens and thus adheres to the jury’s decision of a death sentence. Despite appearing to contradict himself, Socrates is actually not contradicting himselfRead MoreSocrates s Philosophy On The Western Civilization1440 Words   |  6 PagesSocrates is one of the most popular philosophers of all the times. He was the first to study ethics and principles of morality and he always claimed that he did not put knowledge in anyone, yet asked serious questions which contributed to numerous debates (Class notes). Despite his high intellectual level, Athens condemned him with several charges such as the corruption of youth as the society of this time viewed secular knowledge as an obstruction to the achievement of spiritual enlightenment (ClassRead MorePlatos Views on Life after Death1388 Words   |  6 PagesPlatos views on life after death were manifold, and developed over time as an examination of a bevy of his literature readily indicates. However, during all phases of his writing he does demonstrate that there is in fact life after physical death, which is widely attributed to his notion of the soul. Plat always viewed the soul as an entity that was distinct from the physical body. Moreover, while the physical body was destined to die, the soul was enduring, interminable, and destined to go on somewhere

Construction Management Consultation and the Construction

Question: Describe about the Construction Management of Consultation and the Construction. Answer: Introduction Ethics refers to moral principles guiding a person and is described as doing the right thing. In the business context, ethics refers to the extent of trustworthiness and integrity with which a business is conducted. The purpose of this report is to discuss the Ethical dilemma which is most commonly observed in the construction industry. This industry is considered to be fraudulent in Australia and has received a lot of negative media attention recently (Borys 2012). It is highly susceptible to unethical practices at every phase of a construction project. The report discusses identified ethical dilemma and support the fact with evidence from the literature article. It presents the options available in response to the situation and further evaluates the actions concerning an ethical code of conduct. The author will provide opinion supported with evidence and finally draw a conclusion. Identified Ethical dilemma I have received information from media articles that construction industry is plagued with malpractices in Australia (Collier, 2016). The literature review provided evidence that the scenario is same in other countries such as Hong Kong, South Africa, Singapore, and US (Oladinrin et al. 2014). This scenario is significantly reported in media as well. The common unethical practices in this sector identified by McCarthy (2012) are corruption in business due to bribery, fraudulent activities, tendering practices, substandard quality of construction work, corruption and public accountability for money spent on public buildings and infrastructure. In addition to bribery, there also exist the conflict of interest and collusive tendering. The majority of the construction companies in the world are not legally compliant (Levy et al., 2014). Ayers et al. (2013) conducted a survey, and his findings reveal that majority of the respondents experienced severe negligence from the contractors who provided inadequate information and had lack of supervision. These respondents also have experienced unfair treatment during tender negotiations. The unethical practices with the highest rank include cover pricing which is followed by bid cutting, short payments, lack of safety ethics in subcontractors, bureaucratic and government policy and poor docum entation (Adnan et al. 2012). The high risk of unethical practices in this industry is due to substantial capital investments that provide large-scale rent extraction opportunities. It also involves investments which are not redeployed after implementation. The other contributing factors of these unethical practices include the economic downturn, fierce competition in tendering process, an absence of selection criteria for the project, monopolistic nature of service delivery, lack of the code of ethics and industry-based training and inadequate legislative enforcement (Levy and Slavin 2014). Impact of the unethical conduct Unethical practices have the detrimental effect on the construction and engineering industry. It includes increased costs of projects, high economic damage, criminal prosecutions, fines, a blacklisting and reputational risk of the organization, blackmail, wastage of tender expenses and uncertainty in tendering. Daniel (2015) showed that corruption accounts for 25% to waste of public resources, instability in the business environment, and the cost of public contracting, and missed development opportunities. Statistical data reveals that these unethical practices have the significant impact on the quality of project performance (Ayers et al. 2013). There is an increase in the rate of fatalities by 60% since last decades, which is attributed to unsafe working practices, inadequate safety policies, and inspection programs. Action against Ethical dilemma The detrimental effects of the unethical practices have caused the public to demand good ethical practices and professional behavior. The government of Australia has adopted National Code of Practice for the Construction Industry to address the ethical issues. It was developed by Australian Procurement and Construction Council and the Departments of Labour Advisory Committee (Oladinrin and Ho 2016). It demands and encourages honesty and integrity, ethical behavior, and best practice by clients and service providers in the construction industry. While conducting business the contractors, consultants and clients are expected to comply with applicable code and address corresponding code issues (Barnes and Croker 2013). However, this code does not resolve the ethical dilemma or create ethical integrity in a person. Adnan et al. (2012) stated that it does not address problems faced by business consultants, does not consider the role of clients and many other problem areas. It appears to be set of written principles. The Commonwealth, State, and Territory Governments" are major clients of the construction industry. McCarthy (2012) believes that adopting and complying with Code of Practice for the industry participants would go a long way to achieving the Codes objectives. Recommendations I feel that law-enforcing bodies in Australia should develop both short-term and long-term measures to mitigate this issue. All the departments should have complaints system. The introduction of Punitive measures such as cancellation of licenses if found of guilty of violations will be effective in minimizing bribery and fraud (Majchrzak and Markus 2013). There is a need for ethics training program and ethics awareness workshops (Bal et al., 2013). Media system is highly efficient in improving the ethical practices by using robust strategies to publicly expose unethical activities in the construction industry (Ayers et al. 2013). It is recommended that every project team should be associated with quality assurance group to ensure compliance with code of ethics. There is a need of intense research in both public and private sectors to address ethical issues. It will help in providing useful information to the stakeholder and better tackle the pressing ethical issues (Levy and Slavin 2 014). It is necessary to develop industry wise code of ethics. To achieve the goal of creating the ethical environment in construction sector legislative bodies should be highly committed to introducing and implement the code of ethics (Daniel, 2015). Conclusion The construction industry plays a significant role in promoting country's economic growth. In addition to the advanced technology used in this sector, ethical practices are essential for its growth. It is vital to ensure ethical practices for a smooth functioning of this industry. Ethical lapses can be minimized by the active participation of government agencies, and professional institutes. The thorough literature review has enhanced my knowledge related to ethical issues in the construction business and its effect on the economic growth and people. References Adnan, H., Hashim, N., Mohd, N. and Ahmad, N., 2012. Ethical issues in the construction industry: Contractor's perspective.Procedia-Social and Behavioral Sciences,35, pp.719-727. Ayers, G.F., Culvenor, J.F., Sillitoe, J. and Else, D., 2013. Meaningful and effective consultation and the construction industry of Victoria, Australia.Construction Management and Economics,31(6), pp.542-567. Bal, M., Bryde, D., Fearon, D. and Ochieng, E., 2013. Stakeholder engagement: Achieving sustainability in the construction sector.Sustainability,5(2), pp.695-710. Barnes, L.R. and Croker, N., 2013. The relevance of the ISO26000 social responsibility issues to the Hong Kong construction industry.Australasian Journal of Construction Economics and Building, The,13(3), p.37. Borys, D., 2012. The role of safe work method statements in the Australian construction industry.Safety science,50(2), pp.210-220. Collier, G. (2016). ABCC quest full of misconceptions. [online] Theaustralian.com.au. Available at: https://www.theaustralian.com.au/opinion/columnists/grace-collier/abcc-quest-driven-by-misconceptions/news-story/abd7bfbf75fd9d2b146974649a23346a [Accessed 19 Aug. 2016]. Daniel, L., 2015. Safety leadership defined within the Australian construction industry.Construction Economics and Building,15(4), p.1. Levy, C.S. and Slavin, S., 2014.Guide to ethical decisions and actions for social service administrators: A handbook for managerial personnel. Routledge. Majchrzak, A. and Markus, M.L., 2013.Methods for Policy Research: Taking socially responsible action(Vol. 3). Sage Publications. McCarthy, S. F. (2012). Developing an Australian code of construction ethics.Australasian Journal of Construction Economics and Building, The,12(2), 87. Oladinrin, O.T. and Ho, C.M., 2015. Critical Enablers for Codes of Ethics Implementation in Construction Organizations.Journal of Management in Engineering,32(1), p.04015023. Oladinrin, O.T. and Ho, C.M.F., 2016. Embeddedness of codes of ethics in construction organizations.Engineering, Construction and Architectural Management,23(1), pp.75-91. Oladinrin, T.O. and Ho, C.M.F., 2014. Strategies for improving codes of ethics implementation in construction organizations.Project Management Journal,45(5), pp.15-26.

The Constellation Orion Essays - Orion, Constellations, Scorpius

The Constellation Orion Orion has been recognized as distinct group of stars for thousands of years. The Chaldeans knew it as Tammuz, named after the month that the familiar belt of stars first rose before sunrise. The Syrians called it Al Jabbar, the Giant. To the ancient Egyptians it was Sahu, the soul of Osiris. However in Greek mythology, Orion was a beautiful giant hunter. There are many legends about Orion and several variations about his death and why he was placed in the stars. One story tells of his boast that he would eventually rid the earth of all its wild animals. When the Earth goddess Gea heard of this she became upset and sent a Giant Scorpion to sting him to death. Now even after death that scorpion chases him around the sky. If you notice scorpio and Orion are never in the sky together. Another story says that Artemis the goddess of hunting fell in love with Orion. And when Orion was swimming Artemis was speaking to her brother Apollo. He bet her that she could not shoot a dot on the distance. She hit the target right on but had been tricked. She had shoot Orion. She put her love, Orion in the sky. And yet another tells how Orion raped Artemis. And she took her revenge upon him, when she shot him. Now seeing as there are several variations of his death you would have to choose which one you like best and go with it. There are two stars that are well know in the constalation of Orion. The first one is know as Betelgeuse, also called Alpha Orinis. It is one of the brightest stars in the constelation of Orion. It is an irregular because it changes brightness and size but has no regular periods of veration. It is classified as a red supergiant and it is 600 times the size of the sun. The other star to be Mentioned is Rigel also known as Beta Orionis. It is the Brightest star in the constelation and the seventh brightest star in the heavens. The Location of both stars can be seen on the picture of Orion.

The Bacchi essays

The Bacchi essays Man, supposing you and I, escaping this battle Would be able to live on forever, ageless, immortal, So neither would I myself go on fighting in the foremost Nor would I urge you into fighting where men win glory. But now, seeing that the spirits of death stand close about us In their thousands, no man an turn aside nor escape them, Let us go on and win glory for ourselves, or yield to others Sarpedon speaks this passage to Glaukos, why Sarpedon was chosen to speak these words might be because he was the result of one of Zeus many affairs. Sarpedons courage is also mentioned in line 104 of book twelve, which helps to support his words in this passage. The passage itself deals with the build up of the Trojans breaking through the defense that the Achians had constructed to defend their ships and men. It is at the end of book twelve that Hektor with the aide of Zeus breaks through the Achian wall by throwing a massive rock, which appears to be Herculean in nature. What makes this even more remarkable is that the Trojan forces had bombarded the wall with all their might and had been unable to break through. Then, when it appeared that they would not be able to do it, Hektor stepped up and in true Heroic fashion solved the problem. A common question which comes up, is why in many Greek stories do you see people fighting a battle in which they now they are going to loose. The attack on the Trojans was of very little consequence to many of the men who were at this battle. If they one or lost would not overly affect their cities, except for the fact that either way there would be far fewer men when they returned. So why then did the fight these battles? The answer is really quite simple. In ancient Greek civilization, there existed a Heroic code that had to be followed. The Consequences for not following this code was disgrace, which was worse then death. No man would want his name disgraced, for not only...

Titillating Types of Sound Effects in Language

Titillating Types of Sound Effects in Language Its a basic principle of modern language studies that individual sounds (or phonemes) dont possess meanings. Linguistics professor Edward Finegan offers a simple illustration of the point: The three sounds of top dont individually have meaning; they form a meaningful unit only when combined as in top. And its precisely because the individual sounds in top dont carry independent meaning that they can be formed into other combinations with other meanings, such as pot, opt, topped, and popped.(Language: Its Structure and Use, 5th ed. Thomson/Wadsworth, 2008) Yet this principle has an escape clause of sorts, one that goes by the name of sound symbolism (or phonaesthetics). While individual sounds may not possess intrinsic meanings, certain sounds do seem to suggest certain meanings. In his Little Book of Language (2010), David Crystal demonstrates the phenomenon of sound symbolism: Its interesting how some names sound good and some sound bad. Names with soft consonants such as [m], [n], and [l] tend to sound nicer than names with hard consonants such as [k] and [g]. Imagine were approaching a planet, where two alien races live. One of the races is called the Lamonians. The other is called the Grataks. Which sounds like the friendlier race? Most people opt for the Lamonians, because the name sounds friendlier. Grataks sound nasty. In fact, sound symbolism (also called phonosemantics) is one of the ways in which new words are fashioned and added to the language. (Consider frak, the all-purpose swear word coined by the writers of the Battlestar Galactica TV series.) Of course, poets, rhetoricians, and marketers have long been aware of the effects created by particular sounds, and in our glossary youll find numerous overlapping terms that refer to specific arrangements of phonemes. Some of these terms you learned in school; others are probably less familiar. Give a listen to these linguistic sound effects (an example, by the way, of both alliteration and assonance). For more detailed explanations, follow the links. Alliteration The repetition of an initial consonant sound, as in the old slogan of Country Life butter: Youll never put a better bit of butter on your knife. Assonance The repetition of identical or similar vowel sounds in neighboring words, as in the repetition of the short i sound in this couplet from the late rapper Big Pun: Dead in the middle of little Italy little did we knowThat we riddled a middle man who didnt do diddly.Twinz (Deep Cover 98), Capital Punishment, 1998 Homoioteleuton Similar sound endings to words, phrases, or sentencessuch as the repeated -nz sound in the advertising slogan Beans Means Heinz. Consonance Broadly, the repetition of consonant sounds; more specifically, the repetition of the final consonant sounds of accented syllables or important words. Homophones Homophones are two (or more) wordssuch as knew and newthat are pronounced the same but differ in meaning, origin, and often spelling. (Because peas and peace differ in the voicing of the final consonant, the two words are considered near homophones as opposed to true homophones.) Oronym A sequence of words (for example, the stuff he knows) that sounds the same as a different sequence of words (the stuffy nose). Reduplicative A word or lexeme (such as mama, pooh-pooh, or chit-chat) that contains two identical or very similar parts. Onomatopoeia The use of words (such as hiss, murmuror the Snap, Crackle, and Pop! of Kelloggs Rice Krispies) that imitate the sounds associated with the objects or actions they refer to. Echo Word A word or phrase (such as buzz and cock a doodle doo) that imitates the sound associated with the object or action it refers to: an onomatope. Interjection A short utterance (such as ah, doh, or yo) that usually expresses emotion and is capable of standing alone. In writing, an interjection (like Fred Flintstones Yabba dabba do!) is often followed by an exclamation point. To learn more about phonosemantics in the context of a wide variety of modern languages, have a look at the cross-disciplinary essays collected in Sound Symbolism, edited by Leanne Hinton, Johanna Nichols, and John J. Ohala (Cambridge University Press, 2006). The editors introduction, Sound-Symbolic Processes, offers a lucid overview of the different types of sound symbolism and describes some universal tendencies. Meaning and sound can never be fully separated, they conclude, and linguistic theory must accommodate itself to that increasingly obvious fact.

The Self-Portrait with vanitas symbols Essay Example | Topics and Well Written Essays - 750 words

The Self-Portrait with vanitas symbols - Essay Example This idea about the temporary state of being brings us back to the subject of the painting. The young man is the artist himself but a cursory check lets the viewer know that that this not the artist as he was as the time the painting was made. Bailly painted the portrait when he was 67 years old, indicating that while the young man is how the artist used to be some years prior, the ‘real’ portrait is the miniature the man is holding (Kosara, 2007). That painting within the painting shows Bailly in the state he was at the time. The contrast between young and old is striking and this contrast not only magnifies the theme intended for the painting but adds another layer of meaning and possible interpretation to the whole setting. The young man looks contemplative; possibly, the painting in his hand was made to portray his own vision about his future self. His older self is decaying, without the energy and drive of youth and this natural, inevitable process of change is not something that any man looks forward to with pleasure. Surrounded by symbols of vanitas, his imagination would be further encouraged to think in terms of the transiency of life and all things associated with it. It is a sobering thought. And yet it can be hard for the human psyche to adequately grasp the implications of this as relating to self. The young man is in contemplation but not is throes of despair. Thinking of the perspective of the painter at the age of 67, however, we can decipher the painting in a different light.

Sustainability in Event Industry Essay Example | Topics and Well Written Essays - 1250 words

Sustainability in Event Industry - Essay Example Conversely, should it be run haphazardly with the managers involved taking for granted the consequences of certain action or occurrences that may be detrimental to the aforementioned, tourism is likely to be rendered; expensive, self-destructive and counterproductive to the; tourist, environment and the host communities. This underscores the importance of sustainable tourism; which has been defined by WTO (1981) as sustainable tourism development involving meeting the desires and expectants of visitors and the host regions but also protecting the areas and the culture for posterity. Tourism is only beneficial in the long run if it is managed in a manner that enhances cultural and environmental sustainability, therefore culminating into sustainable tourism; which results from careful resource management such as to ensure the aesthetic needs are met while cultural integrity and biological diversity are preserved It is estimated that over the last decade, the Caribbean could have lost o ver 80 percent of it coral reef owing to environmental degradation and host of human events; not the least among them tourist related activities (Balch, 2013). A coral reef is a system made up of corals and their remains, however therein exists thousands of living organisms such as fish marine plant and sponges, coral reefs are quite fragile and require specific condition such as access to clear sunlight and consistent salinity and temperatures to survive. In addition, many of the species living within it are interdependent thus removal of some spices sets off a chain of reactions that may decimate the whole coral ecosystem. Despite the fact that the biodiversity of the coral is one of the main reasons tourists visit the Caribbean they directly and indirectly have been responsible for a lot of the damage. For example, the many ships and liners ferrying tourist to this destination cause a great deal of water pollution and this negatively affects coral life, in addition the culture of sport fishing has resulted in the dwindling of the number of aquatic organisms (Brown, 2013). Some of the fishing methods used include using cyanide and explosives, this not only directly poison the reef but cause it mechanical damage. In addition, with the growth of the industry, more ports and piers are being built and some are built on top of or at the edge of coral reefs resulting in further damage, this is not to mention a thriving trade in souvenirs made out of coral. Ultimately, from the trends observed, the tourism industry is killing the very object that has made it grow as such without proper management, the tourist and locals will soon eliminate the every reason there is tourism and the industry will collapse in the long run due to unsustainability. This is just one many examples of unsustainable tourism which if unchecked will likely jeopardize the future of tourism, however in move towards self-preservation, the tourism industry is taking mitigate action prominent amon gst which is promotion of ecotourism. Ecotourism funder mentally involves visiting previously undisturbed natural environments with the intention of admiring and learning from them while causing the minimum disturbance (Ramaswamy & Kumar, 2010). Through eco-tourism tours managers

Financial Aid is Not Always the Answer Essay Example for Free

Financial Aid is Not Always the Answer Essay The United States is known for getting involved in affairs that does not concern them all in the name of foreign policy. Nonetheless, its stance regarding its foreign policies have undoubtedly helped other nations especially those economically-challenged at the same time serving the US’ own interest. However, its policy in relation to Armenia and the so-called Armenian Genocide is nil to the least. As it is the United States’ aim to help Armenia, it has not yet officially recognized that the Armenian Genocide indeed occurred. Admittedly, democracy in Armenia is still a work in progress and it still has a long way to go especially now that elections are set this year. The United States despite its hesitation to fully acknowledge the atrocities committed by the Turks in 1915 and even until now against the Armenians, can nevertheless help in aiding Armenia and put a stop to the Armenian genocide. There is no easy way but to go head on. The first step would be to appoint and send an Ambassador that fully knows and understands the situation and plight of the Armenians. When John Evans, Ambassador to Armenia used the word â€Å"genocide† in public to describe the deaths of some 1. 2 million Armenians at the hands of the Ottoman Turks, this prompted a controversy that eventually cost Evans his job. Although none of the Ambassadors, other than Evans has affirmed and recognized the Armenian genocide during Senate confirmation hearings, it is imperative that the members of the diplomatic corps or nominees for the ambassador post must recognize and understand as well as refer to the Armenian genocide. Once this is done, other forms as well as policies of aiding will soon follow. Nonetheless, it cannot be denied that despite the aids sent by the United States, totaling to $75 million seemed to be not working at all. In fact, instead of going back to their national homeland, Armenians have left the country, including the 30 percent of its working population. The country is wrought with corruption and poverty and despite the immense aid provided from foreign sources, the country seems like it has just recovered from the genocide. Hence, in order to help the Armenians, change must start from within the country because admittedly even if foreign aid would still continue, it would still be useless considering that the money for aid sent is not used for the growth of the country. The United States has supported the Georgians and the Ukrainians in their quest for change in their respective countries. If it will support, even encourage the Armenians in its quest for a revolutionary and peaceful change, through its policies, perhaps it could help the Armenians who are still languishing in poverty and corruption. Therefore, the financial aid that it is providing for the Armenians is not the way to aid the Armenians and the victims of genocide. It is to help them shape their internal policies and shape the country into a clean and habitable homeland. The bottom line for this is: if we really want to help the Armenians and the victims of genocide, then it is imperative that we recognize what happened in 1915 as it is – genocide in the least. The Armenian Genocide undoubtedly has prompted the first large-scale international human rights movement in the United States and financial aid is not just enough, we have make sure that this does not happen again, not only in Armenia but in other countries as well to which the United States has vested interests.

A Comparison Between Fitzgeralds Great Gatsby and Veblens The Theory

Fitzgerald's Great Gatsby and Veblen's The Theory of the Leisure Class  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚     Ã‚  Ã‚   The American Dream is real; Americans are able to rise out of poverty and into leisurely lifestyles with a bit of luck and a lot of hard work. Fitzgerald's The Great Gatsby and Thorstein Veblen's The Theory of the Leisure Class both address issues of status and wealth that arise from peoples' pursuits of the American Dream. But the authors differ in their beliefs about the nature and motives of peoples' pursuits of wealth. To begin with, Fitzgerald disagrees with Veblen's notion of pecuniary emulation as being intrinsic behavior (a goal in and of itself). He does this by conveying that Gatsby's flamboyant lifestyle is as extravagant as it is only because it is goal-driven (Gatsby wants to get Daisy's attention). Fitzgerald's ideas about the consequences of "conspicuous leisure" and "conspicuous consumption" are no less critical of Veblen's theory. Fitzgerald conveys that those who engage in pecuniary emulation invite superficiality into their social lives an d relationships-a consequence which Veblen fails to even consider. Furthermore, Fitzgerald disagrees with Veblen's belief that pecuniary emulation is consuming (it demands one's focus) by subjecting characters such as Gatsby and Nick to different levels of non-consuming materialism. Fitzgerald believes that the pursuit of wealth for the purpose of invidious distinction is not what Veblen claims it is--that is, that the pursuit is neither intrinsic, fulfilling, nor necessarily consuming.      Ã‚  Ã‚  Ã‚  Ã‚   Fitzgerald sees pecuniary emulation as voluntary, non-intrinsic human behavior. In The Theory of the Leisure Class, Veblen writes that wealth "... ...burse and use money-probably because he was a multimillionaire. Because of the biases inherent to the discussion of wealth, one must consider all of society's sentiments in order to obtain a comprehensive basis from which meaningful discourse can spring. Resources such as The Great Gatsby and Theory of the Leisure Class allow that ideal basis to become ever more tangible.    Works Cited and Consulted: Fitzgerald, F. Scott.   The Great Gatsby.   Simon and Schuster Inc., New York: 1991. Hobsbawm, Eric. The Age of Extremes. New York: Pantheon, 1994. Mizener, Arthur, ed. F. Scott Fitzgerald: A Collection of Critical Essays. Englewood Cliffs, NJ: Prentice-Hall, 1963. Raleigh, John Henry. "F. Scott Fitzgerald's The Great Gatsby." Mizener 99-103. Thorstein Veblen, The Theory of the Leisure Class (New York and London: Macmillan, 1899   

Us History Essential Questions on Thomas Jefferson

Chapter 11 Essential Questions 1) Why does Kennedy refer to the case of Marbury vs. Madison as â€Å"epochal? † Describe the short and long-term ramifications to the decision. The case of Marbury vs. Madison established judicial review of acts of Congress to determine if they are unconstitutional. It was so epochal because had it not established judicial review, Congress would be free to pass laws that are completely unconstitutional and a violation of the rights set in place by the first ten amendments. It brought order out of the chaos that occurred when Adams appointed the Midnight Judges.Over the long term, it has affected many congressional bills that if passed, would not be constitutional. 2)What basis did Thomas Jefferson have for believing that American trade could be used as a diplomatic tool? Explain. Trade could be used as a diplomatic tool in many ways. If America stopped trading with certain countries, the thought was that those countries would cooperate with the demands made by Americans. America would trade with anyone who met their demands. The problem with this is that when America did use trade as a diplomatic tool to get the English and French to cooperate with their demands, and America ended up being hurt.They stopped trading with England and France, as well as any other country who traded with England and France. England and France did not completely depend on American trade for their economy, so they were unaffected. These laws were called the Embargo of 1807. Jefferson tried to fix this with the Nonintercourse Act, which stated America would cease trade with just England and France. This also ended up being a failure, so James Madison passed Macon’s Bill #2, which said that America would trade with whoever met their demands first.This also was repealed, and America went back to open trade with England and France. 3) List at least three key principles of government advanced by Thomas Jefferson and the Anti-Federalists before 1800. Describe how these ideals fared during Jefferson’s administration. Were they translated into public policy? Explain. The first principle of government advanced by Jefferson and the Anti-Federalists before 1800 was the exploration and organization of Western Land set by the Land Ordinance of 1785 and Northwest Ordinance of 1787, part of the Articles of Confederation.These laws held through the Jefferson presidency and were largely the basis of exploration in the future. The second was the Bill of Rights set forth in the Constitution. They guaranteed the natural rights of citizens in the first ten amendments. The were maintained through the presidency and although debated, are in tact today. The third principle are the Kentucky and Virginia Resolutions. They called for state’s rights and supported nullification, which meant that a state can nullify a law that the federal government passes.This did not become public policy mainly because of Federalist opposition. I t was fought for in the Civil war, and today states have to obey federal law. 4) Jefferson said â€Å"The day France takes possession of New Orleans we must marry ourselves to the British fleet and nation. † Why was he so alarmed? New Orleans was a key port on the Mississippi that gave the possessor a substantial amount of power in that area. France would gain critical access to the Mississippi River and have the ability to travel about it and maybe take land along the way.Possession of New Orleans would also give it access to western land, which is something America was after. America would have to team up with the British to combat the French, who would become extremely powerful with New Orleans. 5)Assess the Jeffersonian presidency. What do you think were his three most important legacies? Jefferson was successful in the fact that he was moderate in getting rid of the opposing party, the federalists. If a Federalist was doing a good job, they stayed. He also was smart to n ot get rid of Hamilton’s financial system. One of his most important legacies was the Louisiana Purchase.Although he believed it to be unconstitutional, he could not pass up the offer from Napoleon. The Louisiana Purchase more than doubled the size of America, which provided many opportunities in resources for the future. Another legacy was the defeat of the barbary pirates. Prior to the defeat, these pirates were paid not to attack American ships. Despite the size of the American navy, called the â€Å"mosquito fleet,† they were defeated and American ships were safe. His final legacy was the Embargo of 1807. It led America to an economic mess that James Madison eventually inherited.

Baby Boomers and their unique relationship with alcohol and Other drugs

In reality, older adults take a greater toll than younger adults for substance abuse and alcoholism, their increasing number is alarming as they approach the next century. It was predicted by the United States Bureau of Census that the growth of baby boomers also known as adult population will more than double by the year 2050 (Atkinson, R. 2000). Baby boomers unique relationship with alcohol and drug abuse paved the way for psychosocial concerns and may accelerate decline on their physiological welfare. These individuals are at risk for serious illnesses, injuries and socioeconomic downfall.A typical baby boomer will disapprove the possibility of treatment and corrections (Fries, F. 2001). Many individuals in this age group are reluctant and ashamed of admitting their use and misuse of drugs and alcohol and seek professional help (Atkinson, R. 2000). They consider the situation as a private matter and need not have intervention from other people. Even relatives of this adult populat ion whom are into substance abuse and alcoholism are ashamed of the current situation and would rather keep themselves in silence and not address the current situation.Most of the relatives thought that the older individuals who are into alcohol and drugs are happy and there was no difference if they intended to continue their habitual vices for they will not stay much longer in this world (Schulenberg, J. 2002). There is unspoken assumption that it was not worth to correct and treat the older individuals for alcohol and drug abuse makes the matter worst and increase their numbers in the society. Discussion The aging of Baby Boomers who were into an early alcohol and substance abuse would be an alarming sign of greater problems in the future.The physical and psychological effects of alcohol and drug abuse to older individuals may influence their children and carry the habit when they reach old age too (Schulenberg, J. 2002). The potential increase in alcohol and drugs morbidity will affect the future health services. Though there seem to be no urgency to correct the unique relationship of Baby Boomers to alcohol and other drugs with impressions that treatment of older population will not be a success and only a waste of health care resources.These callous attitudes of many individuals will only create problems that will affect the future generation (Atkinson, R. 2000). The impressions of depression for other adults who can do self-medication and can live alone will only lower their living satisfaction and further enhanced by past experiences of loosing their spouse, unemployment, injuries and depression (Fries, F. 2001). They are also facing chronic and lingering illnesses such as diabetes, arthritis, osteoporosis, senility and other forms of ailments that made them dependent to other individuals while performing their daily activities.The prevailing cultural beliefs of individuals in the age bracket of sixty and older will encounter abuse or misuse of alcohol and other drugs, good examples are buying over-the-counter drugs cough suppressants with high alcohol content that could interact negatively with other medicines they are taking (Fries, F. 2001). The unique relationship of older adults to alcohol and other drugs cannot be easily identified due to their similarities with other symptoms of illnesses common to aged.They may keep on reminding the health care professional the similarities of their prevailing condition from their parents and grandparents (Epstein, F. 2002). The recognition of alcohol and other substances abused are not typical for the younger population because they are now living independently, no longer employed, with lesser socialization and may no longer be driving, hence reducing the potential to trace their alcohol and other drugs in their system.There are circumstances that older individuals are into prescription drugs like sedatives, hypnotics and depressants with problematic effect brought by age-related metabol ism and negative chemical and alcohol interactions with other prescribed medications (Schulenberg, J. 2002). The adverse effects of drugs and alcohol to older individual are cognitive impairment, physiological impairment, delirium and greater risk of falling that needs medical intervention and institutionalization.The age-related changes varies according to their body systems, the parameter of their alcohol and drugs intake can be medically hazardous despite of lower frequency of intake (Atkinson, R. 2000). The older individual unique responses with alcohol and other drugs will undoubtedly increase false diagnostic procedures and may diminish their quality of living. The complexity of Baby Boomers condition makes the diagnosis and treatment difficult and will serve as barriers for effective recovery from the disorders (Fries, F. 2001).Being old was coined during the mid-1960s to describe the Baby Boomers tendency to react negatively to corrections instead of looking for specific cau ses of their medical, social, biological, psychological and physical conditions (Epstein, F. 2002). It was further deteriorated by other people’s assumption that older person comprised powerlessness, uselessness and death. This stereotype internalization may categorize the older person as senile though in reality was afflicted with treatable ailments cause by alcohol and other drugs abuse.Caregivers may have good intention but the confusion and unchallenging condition of older individual age-related illnesses while conducting routine medical monitoring would deem not worthy of treating for they would die soon anyway. Other factor that contributes to worsening condition of older individual is the stigma associated to gender, religion and culture. The older individual’s perception of alcohol and drugs during 1950s was influenced by advertisement from moral failing to prosperity and achievement.They are also very sensitive to issues concerning psychiatric disorders and re luctant to acknowledge symptoms of alcohol and other drug abuse (Fries, F. 2001). Many of older individual will simply relate their problems to old age and would think that alcoholism and drug related dependency is a youth problem. They keep on masking their serious drinking of alcohol as a pleasure and a kind of social drinking for they already accomplished their family responsibilities and does not have any work to do (Epstein, F. 2002).The multiple symptoms for older individual made it difficult of health care providers to suspect that they are into alcoholism and drug abused, typical symptoms includes irritability, insomnia, chronic pain, common medical disorder or combination of any of these conditions. Stereotyping is another barrier to detect the symptoms of alcohol and other drugs abuse for older individual especially for women who came from higher socioeconomic background. The individual patient’s age is correlated on the length of physician’s time spent; the older the patient, the lesser the time spent by the physician (Atkinson, R.2000). This is due to older individual’s lesser complaint and it is not easier to detect his underlying problem on alcohol and other drug abuse. The unique relationship of older individual with alcohol and other drug abuse increasingly compete with his other health problems (Atkinson, R. 2000). The immediate family members of confined elderly will give higher priority to physical conditions concerning heart, renal failure or other organ failure, psychological impressions while alcoholism and drug abuse is usually at the least among concerns (Atkinson, R.2000). Diagnostic treatment for older individuals who are alcoholics and suffering from other substance abuse are complicated to other prevailing medical conditions such as impairment of their cognitive facilities, depressions, basic sensory deficits like hearing impairment or vision blurredness and even lack of mobility (Epstein, F. 2002). One good exa mple is older patients who can no longer walk up stairs or drive a car after dark.There are situations that health care professionals would not suggest accommodation of older individual for treatment due to complex barriers of aging (Atkinson, R. 2000). In the case of minority elders, language barrier is another issue that needs attention, being first generation immigrants in a place, most of them cannot relate to universal language like English which most professional opted to use (Fries, F. 2001). An interpreter is needed to communicate with health care professionals that might be providing bias communication which adds more barriers for effective correction.The cultural competence of health care professional is crucial especially for Non-English speaking minorities like Europeans, Asians and Native Americans (Epstein, F. 2002). Another issue is the homebound and handicapped elderly that immediate family members find it difficult to transport them to medical intervention instituti ons. Home confinement restricted them with various health problems like chronic lung diseases, heart ailment, diabetes and other medical conditions without considering the possibility of alcoholism and other drugs abuse (Atkinson, R.2000). The weak and frail condition of older individual needs considerable and taxing effort of immediate and able family members to health care institutions. Their isolated condition make the matter worse due to limited contacts with other people that the alcohol and other drugs abuse are neglected (Fries, F. 2001). The worsening condition of older individuals due to licit and illicit drugs and alcohol will greatly affect their immediate relatives and the younger generation may have misperception that being old is just normal to suffer from health discomfort.Knowing and discovering the hidden condition of the elderly in terms of misuse and abuse of alcohol and other substance will pave the way to correct past beliefs and thinking on their failing health (Atkinson, R. 2000). The older abusers of alcohol and other drugs share common adverse reactions with their younger counterpart and this inter-generation equity must be resolved and prevented the earliest possible time (Epstein, F. 2002). The growing population of elderly with health burden, alcoholism and drug abuse will be a burden to society and an enhanced alcohol and substance abuse policy for successful treatment is needed.The baby boomers are born between 1946 and 1964 and there is a great possibility of increasing their population by approximately twenty percent by 2030, this impending retirement will have a great impact to their unique relationship with alcohol and other substance abuse (Epstein, F. 2002). Conclusion The distinct characteristics of older individual’s relationship with alcohol and drug abuse needs through understanding of their misuse or abuse of these components which resulted to adverse and negative impact to their well-being (Fries, F.2001). Today ’s elderly population has an increase rate of emotional crisis brought by alcohol and drug abuse that needs practical and immediate recommendation to put individual’s understanding into practice for treatment (Epstein, F. 2002). Baby boomers are once productive and great contributor of the society and their aging must not be a reason to neglect the proper health care intervention needed to enjoy their last hails in life peacefully.Alcohol and substance abuse will greatly affect the baby boomers ability to spend the rest of their life from healthy and sound environment. This is serious problem among older individuals which will have a major consequence to their chronic disability from physical and mental capacity and lower standards of living. References Atkinson, R. (2000). Alcohol and Substance – use Disorders in the Elderly. Handbook of Mental Health and Aging, 2nd Edition, Academic Press, Inc. , San Diego California, pp.514-554. Schulenberg, J. (2002). A New Elderly-Specific Screening Test – Geriatric Version on Alcoholism, American Clinical and Experimental Research Journal, pp. 769-774. Epstein, F. (2002). Substance Dependence Abuse and Treatment: Findings from the 2000 National Household Survey on Drug Abuse, DHHS Publication Series A-16, Office of Applied Studies, New York, pp. 87-97. Fries, F. (2001). Federal Interagency Forum on Aging-Related Statistics of Older Americans, Journal of Medicine, NY, pp. 130-135.

The Real Threat of Bi-Erasure Professor Ramos Blog

The Real Threat of Bi-Erasure Megan Fox, Billie Joe Armstrong, Angelina Jolie, Andy Dick, Clive Davis, and ‘Mama June’ Shannon- the mother of pageant and reality star, Honey Boo Boo. What do these people all have in common? They’re all bisexual! But despite being prominent figures in pop culture and media, their sexuality, like mine and many other Americans’, is constantly erased or misrepresented. There are many harmful stereotypes of bisexuals like that we are greedy, unfaithful, promiscuous, confused, in transition, attention-seeking, and so many more. With little validation from our allies, constantly having to prove our identity and our worth, and an overall misunderstanding of who we are and what we believe, the widespread erasure and hatred of bisexuals is taking a toll on bi youth and adults. However, there is absolutely nothing wrong with being bisexual and we need to continue speaking up and raising awareness to ensure that bisexuality is no longer invalidated by heterosexuals or those who fall under the LGBT+ umbrella. Let’s start with the basics of bisexuality. Is it common, what is it and why do people refuse to acknowledge its existence? Bisexuals make up the largest group of the LGBT+ community, and 5.5% of all women and 2% of all men identify as bisexual (â€Å"Understanding Bisexuality†). However, despite making up almost half of the LGBT+ community, bisexuals are the least likely to be ‘out of the closet’ with 28% saying they’re out, compared to 77% of gay men and 71% of lesbians (Pew). So while it is not a rare occurance for someone to identify as bisexual, it is rare for them to tell people about that fact. What it exactly means to identify as bisexual, according to the American Psychological Association, is to be someone â€Å"who experiences emotional, romantic and/or sexual attractions to, or engages in romantic or sexual relationships with, more than one sex or gender.† The biggest misconception of bisexuality comes from the definition itself. Most people are familiar with the latin prefix â€Å"bi-† to mean â€Å"two† or â€Å"twice† or â€Å"both† (Mirriam-Webster). However, bisexuality is not just attraction to two genders, but rather, attraction to two or more genders or to some as attraction to people of a different gender than themselves and also to people of the same gender as themselves, or both different and the same. Unfortunately, due to this semantic misconception of bisexuality- and the lack of awareness of this misconception- bisexuality is considered by some members and allies of the LGBT+ community to be transphobic, or offensive to transgendered people and the progress they’ve made as they fight for their own visibility and validation Joyner. Some bisexuals actually are transphobic, but it certainly is not because they are bisexual. Cissexism, favoring and defaulting to cis-gendered ideology, is a pre-existing societal norm and the idea of bisexuality only being able to exist alongside a gender binary is a side effect of those ingrained beliefs and not a side effect of transphobia (Joyner). Just as those who identify outside of the gender binary are harmed by the existence of such a system, bisexuals are misconstrued to only be attracted to â€Å"both† men and women when this is not how most bisexuals choose to define their identity. Falsely relating bisexuality to transphobia is not the only other reason LGBT+ folx roll their eyes at the inclusion of the ‘B’ in their community. The identities â€Å"gay† and â€Å"lesbian† are considered monosexualities which are either attraction to a different gender than your own or attraction to the same gender as your own. Monosexism is so common in our society that bisexuals- among other queer identities- are often erased or invalidated. In 2004, when Robyn Ochs, a bisexual activist, married her partner Peg Preble in one of the United States’s first same-sex marriages, they made headlines with their heartwarming story of love and fighting for the right to have that love. Those headlines, however, read â€Å"Lesbian Pair Wed† and the articles discussed the issue of â€Å"gay marriage† in America (Cruz). The problem with this is that it erases Ochs’s identity within the straight community and the LGBT+ community. When a bisexual woman is in a relationship with another woman, she is labeled a lesbian. When a bisexual woman is in a relationship with a man, however, her ‘queerness’ is questioned because now she is in a seemingly straight relationship. This monosexism is a large root of biphobia. Often told to â€Å"pick a side† or that they are just â€Å"confused† by both gay people and straight people, bisexuals face constant invalidation no matter what kind of monogamous relationship they engage in. What is most misunderstood here is that the sexual attraction a person feels does not change when they enter into a monogamous relationship. Another large fear monosexuals express when entering into a relationship with a bisexual, however, is our infidelity. I have been rejected by both men and women because they fear that they are â€Å"not enough† for me. And I am not the only person to experience this. It’s common among those who do not understand bisexuality to be hesitant to enter a relationship with a bisexual because of their supposed attraction to many genders. What if they grow tired of them and want to mix things up? The pool of prospective partners is double as big as the pool for monosexuals, right? This kind of thinking is harmful to the bi community and to bi individuals. Faithfulness and sexuality are two distinct things. An online survey study from the University of Kentucky, bisexuals are more likely to question or view monogamy as a sacrifice, but 78% of the bi men surveyed and 67% of the bi women indicated that they were in a serious, monogamous relationship and the margin of bisexuals who felt monogamy was enhancing to a relationship to those who felt it was a sacrifice was miniscule. The conclusion is that bisexuals cannot be grouped under one stereotype, especially because they were not the only subjects tested who had negative responses to monogamy (Vrangalova). Another common, but harmful phenomenon is the oversexualization of bi people. It is hard for biphobes to separate the action of sex from the sexual orientation. Men are the biggest perpetrators of this, shamelessly inviting bi women to engage in ‘threesomes’ with them and their girlfriends or wanting to watch their bi girlfriends participate in sexual activity with other women because it is a turn on for them. These are not examples of support for the bi-community but rather objectification of bi people for selfish sexual gain. However, rude comments are the least of a bi woman’s worries. Corrective rape is the term for when a person is forced into sexual activity for the purpose of ‘correcting’ their sexual orientation, most often to conform with heterosexuality. According to a National Intimate Partner and Sexual Violence study, â€Å"61% of bisexual women reported experiencing rape, physical violence, and/or stalking by an intimate partner at som e point in their lifetime.† Comparatively, 17% of straight women and 13% of lesbians have experience one of the above. Codi Coday, advocate and writer for the Bisexual Resource Center, attributes this staggering number to the objectification of bisexuals and rather than allowing them to think and choose for themselves, violence is used instead. Further, Coday points out, â€Å"Because of bi+ antagonism and misconceptions that bi+ people are slutty, unreliable, selfish, indecisive, dishonest, and more likely to cheat, a lot of bisexuals don’t report these crimes.† Unfortunately, it is a reality that stereotypes of bisexuality can directly harm people who identify as such. Physical violence is not ignorance’s only threat to bisexuals’ health. As mentioned earlier, bisexuals are significantly less likely to have told people about their sexual orientation most likely due to the discrimination they fear they’ll face for it. At first, there was little research to back this up largely in part to the fact that bisexuals were not included in studies or were lumped in with other sexual minorities like homosexuals. In a recent meta-analysis of several previously conducted studies that included bisexuals in their research and reported on depression and anxiety, it was concluded that bisexual people experience are â€Å"at disproportionate risk for depression and anxiety† and they identified three key factors that could contribute to bisexuals being at as high or higher risk for these outcomes than gays or lesbians which include â€Å"sexual orientation–based discrimination; bisexual invisibility and erasure; and lack of bisex ual-affirmative support.† (Ross et al). A different study focusing on young bi women’s experiences’ on their mental health found that having to prove their sexual identity was a large source of mental health disparity among the subjects (Flanders et al). This study also concluded that further education of bisexual identity and monosexism within heterosexual and LGBT+ communities could prevent beliefs and actions that â€Å"may be detrimental to the sexual and mental health of bisexual people.† (Flanders et al). The bisexual identity has been scoffed at, made fun of, purposefully ignored, and demanded proof of over and over and over again. Continuous widespread erasure and misconceptions have put people at risk of violent assaults and is attributed to mental health disparities among sexual minorities. The only way for bi people like myself to feel seen and validated is to continue educating and advocating for our place in the LGBT+ community and the world. There’s definitely a reason you might not even know your favorite celebrity is bisexual and it’s because of ignorance, plain and simple. â€Å"Bi.† Mirriam-Webster, www.merriam-webster.com/dictionary/bi.   Coday, Codi. â€Å"5 Reasons Why Oversexualizing Bisexuality Is Not Supportive.† BRC, Bisexual Resource Center, 23 Mar. 2017, biresource.org/5-reasons-why-oversexualizing-bisexuality-is-not-supportive.   Cruz, Eliel. â€Å"When Bisexual People Get Left Out of Marriage.† Advocate, PRIDE Publishing Inc., 26 Aug. 2014, www.advocate.com/bisexuality/2014/08/26/when-bisexual-people-get-left-out-marriage.   Flanders, Corey E., et al. â€Å"Sexual Health among Young Bisexual Women: A Qualitative, Community-Based Study.† Psychology Sexuality, vol. 8, no. 1/2, Mar. 2017, pp. 104–117. EBSCOhost, doi:10.1080/19419899.2017.1296486. Joyner, Jaz. â€Å"Is the Term Bisexual Transphobic? A Fact Check.† PRIDE, PRIDE Publishing Inc., 23 Sept. 2016, www.pride.com/bisexual/2016/9/23/term-bisexual-transphobic-fact-check.   Nichols, James. â€Å"30 Stars You Might Not Know Are Bisexual.† HuffPost, HuffPost News, 2 Feb. 2016, www.huffpost.com/entry/30-bisexual-celebrities_n_4023562.   Pew Research Center. â€Å"Chapter 3: The Coming Out Experience.† A Survey of LGBT Americans. Pew Research Center, 13 June 2019, https://www.pewsocialtrends.org/2013/06/13/chapter-3-the-coming-out-experience. Ross, Lori E., et al. â€Å"Prevalence of Depression and Anxiety Among Bisexual People Compared to Gay, Lesbian, and Heterosexual Individuals: A Systematic Review and Meta-Analysis.† The Journal of Sex Research, vol. 55, no. 4/5, 2018, pp. 435-456. Taylor and Francis Online, doi:10.1080/00224499.2017.1387755 â€Å"Understanding Bisexuality.† APA, American Psychological Association, www.apa.org/pi/lgbt/resources/bisexual.   Vrangalova, Zhana. â€Å"Are Bisexuals Really Less Monogamous Than Everyone Else?† Psychology Today, Sussex Publishers, 27 Sept. 2014, www.psychologytoday.com/us/blog/strictly-casual/201409/are-bisexuals-really-less-monogamous-everyone-else.

Why Doctors Need Emotional Intelligence More Than IQ

Why Doctors Need Emotional Intelligence More Than IQ However competent and caring a physician is, there are still some areas where they might struggle- within a business-centric clinic model, for example, or when resisting a strong pharmaceutical sales pitch. Fortunately one area where most doctors excel is emotional intelligence (EI), a key quality business consultants are constantly trying to instill in shark-toothed CEOs. According to Dr. James C. Salwitz, over at KevinMD.com, â€Å"EI is the ability to identify and manage both your own emotions and those of others; to be aware of and control feelings and, most importantly, help others use emotions, in order to make calm, clear decisions.† It’s the skill set that helps doctors master their own feelings and aid  patients and families working through difficult moments. It should be no surprise that many doctors already have this talent–it’s what leads them into the job in the first place.Not every doctor can be a superstar, of course. Whether through burn out, a personal lack of empathy, or a convergence of difficult personal and professional circumstances, some doctors have trouble getting or maintaining that control over their emotions.It may help to make a mental checklist when going into a fraught situation. How quickly can you identify what you’re feeling? What the patient is feeling? What their family members are feeling? Are you thinking like a team player, and helping prepare your colleagues for pitfalls you can see coming? Can you anticipate the emotional needs of your patients and help them develop a plan to cope?Make sure you’re putting all your empathy skills to good use, and you’ll be a sought-after doctor with an enviable EI!

Customer Service in the Blackshop Restaurant Case Study

Customer Service in the Blackshop Restaurant - Case Study Example Faced with the challenge of abandoning the manual system of managing reservations for the electronic one Alec Cerny had quite a tough decision to make. Â  The CHG was handling a good number of customers on a daily basis and in terms of operational efficiency, this required a very sophisticated system of managing reservations. The main problem to be tackled by the management at HCG was having a very efficient way of managing reservations in order not to lose customers while at the same time avoiding piling of pressure on available resources. The Backshop restaurant and affiliates were still using the manual way for making reservations where the customer could make phone calls and negotiate check on time and table choices with managers. One disadvantage of the manual system was that the information captured was inconsistent and was not easily transferable from day to day. Its transferability required extra labor and as such often was not done. another disadvantage arose especially when there were many customers calling in that anyone could step in and assist the managers; staff taking the reservations sometimes could bow to the press ure of customer when fixing check-in times causing bottlenecks to the bar& kitchen and limiting the restaurant's ability to turn the tables an extra time. Â  Procuring the reservations management software from OpenTable would assure consistency in customer information captured. Going electronic also meant keeping up to date with trends in business and customer service management as the future lies in technology. More people will do their things online in the future and as such it a worthy course. The system will assist the restaurant to save on time, cut costs, improve service, increase efficiency and ultimately attract repeat customers. The software also presents a unique opportunity to develop a good customer database, and allow sharing information between the restaurants.

Assignment Example | Topics and Well Written Essays - 250 words - 15

Assignment Example According to Linda Alchin, William Shakespeare invested in the Globe Theatre and it was in his interest to write as many plays as possible! Six men became the joint owners of the Globe Theatre, the largest stakes were put up by the Burbage brothers. The initial investment by William Shakespeare made him a wealthy man and successful man due to his share of the large profits which were made at the Globe Theatre. The traditional camp (Stratfordian’s) maintains that the famous Bard was indeed a poet, playwright and an actor. Critics known as "Oxfordians" argue that a more likely contender may have been Edward De Vere (1550-1604), Christopher Marlowe, Sir Francis Bacon, Derby or even Queen Elizabeth herself! Polonius is councillor to King Claudius and the father of Ophelia and Laertes in Shakespeare’s tragedy Hamlet. He is especially known for his maxim-filled speech (â€Å"Neither a borrower nor a lender be†). His meddling garrulousness eventually costs him his life. Polonius hides himself behind an array in Gertrudes room, in his last attempt to spy on Hamlet. Hamlet deals roughly with his mother, causing her to cry for help. Polonius requests to help and is heard by Hamlet, who stabs through the array and kills him (due to mistaking him for Claudius). Fights between Catholics and Protestants led to the Civil War in 1642 between the aristocratic, royalist â€Å"Cavaliers† and puritan, parliamentarian â€Å"Roundheads†. The conflict ended with victory for parliamentary forces. In 1649 Charles I was captured and executed after formal trial for crimes against his people. The country became republic. The religious problems took place in Ireland a conflict between Catholics and Presbyterians. Anglican Church was restored, but the conflict between Monarch and Parliament was going on. 24. Identify the underlined words/phrases in the following passage from â€Å"The Great

Ten Financial Management Questions Essay Example | Topics and Well Written Essays - 1500 words

Ten Financial Management Questions - Essay Example Add bracketed tax @ 34% $119,000 Add the cost of capital $ 35,000 Total $504,000 Less depreciation of the old helicopter $54,000 So the net cost of the new helicopter $450,000 Question 4: Mud Construction Co. is considering buying a new equipment with cost of $625,000 and a salvage value of $50,00 at the end of its useful life of ten years. The equipment is expected to generate additional annual cash flow for ten years with the following possibilities. Probability Cash Flow 15 $60,000 25 $85,000 45 $110,000 15 $130,000 a. What is the expected cash flow b. If the company's cost capital is 10% what is the expected net present value c. Should the company buy the equipment a. The cost of the equipment is $625,000 10 years post installation salvage value $50,000 With probability 15, cash flow $60,000 The inflow of income 60,000x10=$600,000 b. Salvage value after 10 years $600,000 Hence the present value 600,000/10=$60,000 c. The cash flow shows that the company gets a marginal profit, therefore it is not advisable to buy the equipment. Question 5: Explain how the price of a new security is determined Security is the condition of being protected against danger or loss. In the general sense, security is a concept similar to safety. The nuance between the two is an added emphasis on being protected from dangers that originate from outside. Individuals or actions that encroach upon the condition of protection are responsible for the breach of security. A security is a fungible, negotiable interest representing financial value. Securities are broadly categorized into debt and equity...What is the approximate yield to maturity of the bonds Question 3: Bar T Ranches Inc, is considering buying a helicopter for $350,000. The company's old helicopter has a book value of $85,000, but will only bring $60,000 if it is sold. The old helicopter can be depreciated at the rate of $13,500 per year for next four years. The new helicopter can be depreciated using the five-year MARCS schedule. The new helicopter is expected to save $62,000 after the taxes through reduced fuel and maintenance expenses. Bar T Ranches is in the 34% tax bracket and 12% cost of capital. Question 4: Mud Construction Co. is considering buying a new equipment with cost of $625,000 and a salvage value of $50,00 at the end of its useful life of ten years. The equipment is expected to generate additional annual cash flow for ten years with the following possibilities. Security is the condition of being protected against danger or loss. In the general sense, security is a concept similar to safety. The nuance between the two is an added emphasis on being protected from dangers that originate from outside. Individuals or actions that encroach upon the condition of protection are responsible for the breach of security. A security is a fungible, negotiable interest representing financial value. Securities are broadly categorized into debt and equity securities.

Platos View On The Soul Philosophy Essay

Platos View On The Soul Philosophy Essay Plato was a Greek philosopher. He had many views on life and existence. Platos views on the mind body distinction have been the target of many criticisms since his time. In the republic, he formulated ideas on the allegory of the cave and the theory of the forms. He believed that our existence on earth was merely a shadow of a higher spiritual plane, our bodies just a vessel, or even looked upon as a cage trapping the soul and restricting it from this higher plain. Plato was a dualist and so believed that when the material body dies the soul lives on. Platos views, are best described in his analogy of the cave in which it depicts a prisoner that escapes the cave metaphorical for this life- and goes on to discover everything he once believed in was only a fraction of the truth: Platos main philosophy stemmed from the cave and was about knowing the theory of the forms. Here, he thought that the soul is a substance and is immortal, however the body- being physical- could be doubted as it was part of the empirical world. On the one hand, Platos ideas about the soul were revolutionary and extremely advanced for his time, as with most of Platos philosophies, yet on the other hand they appear to be both self-conflicting and flawed. Platos idea of the soul is his dualist position, believing that body and soul are fundamentally distinct. His theory on the soul was produced in his book Phaedrus. In it Plato was most concerned with demonstrating the immortality of the soul and its ability to survive bodily death. He proposed the idea that, like Aristotles idea of motion, whatever is the source of its own motion or animation must be immortal. Plato was writing at a time in Greek philosophy where popular opinion believed that the soul did not survive death, and that it dispersed into nothing, like breath or smoke. Plato believed that the soul must be immortal by the very nature of being the source of its own animation, for it is only through a psyche that things can be living rather than dead. The souls are both animated and at the same time the source of its own animation. Plato also states that the soul is an intelligible and non-tangible article that cannot be destroyed or dispersed, much like his ideas about form s of non-tangible realities; such as beauty or courage. The argument from affinity, as Plato posited in Phaedrus, states that because the soul is an invisible and intangible entity, as opposed to a complex and tangible body; the two must be distinct and separate. Plato believed that which is composite must be divisible, sensible and transient; and that which is simple must be invisible, indivisible and immutable. Forms bear a resemblance to the simple, immutable entities, such as beauty; however a beautiful painting is transient and palpable. The body shows an affinity to the composite by nature of its mortality and mutability; just as the soul shows a similar affinity to immortality and indivisibleness. To further emphasise the point, Plato writes when the soul investigates by itself it passes into the realm of what is pure, ever existing, immortal and unchanging. He argues that just as the bodys prime function is to understand the material and transient world, the functioning of the soul as an entity of rational and self-reflective thou ght demonstrates its affiliation with a simple and immutable world; showing that the two are distinct. However Plato does not explore the criticisms of this argument that just because an entity portrays an affiliation, does not necessarily require it to be as that which it affiliates. Plato believed that the soul, if it were to be the animator of all living things, must be responsible for a person s mental or psychological activities and responses. For the soul cannot be the reason for life, yet at the same time limited in its influence over the bodies in which it animates. However this provides one of the most serious and potentially defeating criticisms of Platos views on the soul. He fails to address the issue of the interrelationship between body and soul, if they are indeed distinct. He doesnà ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â‚¬Å¾Ã‚ ¢t mention if the soul act as controller of a lifeless body, or is there more to the body than simply the material. Moreover the argument from affiliation would suggest that the body is concerned with the material, composite world whilst the soul is concerned with the invisible and simple world. If this is the case then the soul cannot, following from Platos argument, have any interaction with the material, bodily world; for then it ceases to be simple and immutable. An argument from recollection, which Plato first put forward when discussing his theory of the world of the forms, also serves his theory of the soul. Perfect forms, such as equality, are knowable a priori; we have no need for experience to tell us whether two lines are equal length. We must, therefore, know these things through recollection of these perfect forms. Therefore, the soul must have pre-existed the body to know these facts a priori. Platos argument from opposites was based on his idea that everything in the observable world has an opposite effect. As Plato writes in his work Phaedo; If something smaller comes to be it will come from something larger before, which became smaller. In other words everything we can know has an opposite; asleep and awake; hot and cold. Similarly they are reversible, just as one goes from a state of sleep to a state of being awake, one can do the opposite. Plato argued that if this were the case, then the same should apply to life and death. Just as one can go from life to death, one must be able to go from death to life; and if this statement is correct, then the soul must survive this transition and as a consequence possess immortality and separation from the body. He believed that animation and life was integral to the very notion of the soul, just like heat is a part of fire; thus it cannot be destroyed and is eternal. A separate argument from his theory of opposites was that of a similar theory of the forms and their opposites. He stated that no entity can consist of contradictory forms, and thus one form must necessarily exist and the other not in any particular entity. The number five cannot possess both the form of even and odd; by adding or subtracting one; the form of odd is displaced by even. Plato wrote: so fire as the cold approaches will either go away or be destroyed; it will never venture to admit coldness and remain what it was, fire and cold The soul must share in the form of life, for we know that those living have a soul. Therefore, it cannot contain the form of death also, for this would be in direct conflict of life. The soul must ontologically necessarily exist, and must therefore be immortal. Contemporary analysis of Platos views on the soul produces many criticisms; there is a clear chronological confusion as his work progresses; with the soul starting as an unintelligible and non-tangible item, yet progressing to where the soul becomes a complex tripartite entity that is trapped in the material body, yet still longing to enter the world of the forms. Plato demonstrates a contradictory and muddled thought process that attempts to find resolutions for flaws in his thinking. The idea of an imperfect entity entering the perfect realm of the forms is one such logical fallacy in his argument; and he does this by seeking to find reason and justification for his conclusion, rather than seeking a conclusion based on all of his own logic.

Essay --

Eutrophication in the Gulf of Mexico Introduction Even though the Midwestern United States produces the majority of the country’s agriculture to date, this immense agricultural activity in the Midwest region has not only degraded the land itself but also the water in the regional rivers and tributaries, which is all interconnected in the network known as the Mississippi-Atchafalaya River Basin (also referred to as MARB). The MARB (Figure 1) covers an extensive 1,245,000 square miles and drains out into the Gulf of Mexico, where over the years it has accumulated an increased and dangerous amount of agricultural runoff pollution, namely nitrogen and phosphorus. Over the years, researchers have identified and pointed to several human interactions that have contributed to the degrading and toxic ecological changes occurring in the Gulf of Mexico. However, only 3 human interactions have been chosen as part of the focus for this research project, all of which will be introduced later in the paper. In addition to the human inter actions that accelerates the degradation of the water in the GoM, it also important to note that the continual increase and accumulation of excess nutrients resulting from runoff is defined as eutrophication and is a true real world problem that must be reduced before water becomes uninhabitable. Eutrophication. What is it? Eutrophication is â€Å"the process by which a body of water acquires a high concentration of nutrients, especially phosphates and nitrates. These typically promote excessive growth of algae. As the algae die and decompose, high levels of organic matter and the decomposing organisms deplete the water available oxygen, cause the death of other organisms, such as fish. Eutrophication is a natu... ...to the MARB, primarily from the application of agricultural fertilizers. Agriculture has caused an increase in the flow of nutrients from chemical fertilizers into bodies of water. The excess nutrients change the chemical composition of the water, impacting biological life forms in the affected areas. Sewage is another major source of nutrient flow to the Gulf. There are sections of lakes and oceans all over the world affected by eutrophication and hypoxia, and this has not only biological effects but also economic and social problems. The largest hypoxic area in the western Atlantic Ocean is found in the Gulf of Mexico. The biological repercussions of eutrophication, in the form of habitat alteration and entire trophic structure disintegration are devastating to the Gulf; remediation, though costly, must be put into effect in order to bring life back into the area.

Separation, Divorce & Annulment

SEPARATION, DIVORCE & ANNULMENT Introduction When two people are in a relationship they are usually in it forever. Unfortunately, it isn’t always the case and as you will learn in this unit, there are many things that could potentially be blamed for the breakdown of such relationships. This topic takes you into the world of divorce which is never an easy thing for any couple and if there are children involved (and there usually are); it makes the experience even worse. Some couples split amicably while for others the parting can drag on in what could seem like forever where the accusations and blame is often hurled from one party to another.In many countries, there has been a shift towards ‘no fault’ divorce. A no fault divorce is divorce in which the dissolution of a marriage does not require fault of either party to be shown, or the requirement of any evidentiary proceedings to take place. So either party may request a divorce despite the objections of the other party. No fault divorce systems are where the law provides for only one ground for divorce – this is that the marriage has broken down irretrievably (see example, s30(1) Family Law Act, Fiji).This does not necessarily mean that both parties to the marriage were equally blameless for the breakdown in the relationship but it does recognise that both may have contributed to that breakdown and that blame and accusation can aggravate what is likely to already be an unhappy and often bitter situation. Accusations and recriminations do not help this and may be particularly damaging for any children of the marriage, who, despite whatever the feelings of their parents, still need to have a mother and father.While marriage remains an important cornerstone for the stability of society and social ordering, the law allows divorce and provides a framework both for that divorce and for the consequences of that change of status especially as regards any children of the marriage and any prop erty interests which have arisen due to the marriage. 1. Ground s for Di v or c e Grounds for divorce are statutorily provided for throughout the region. They include: i. adultery ii. desertion iii. refusal to consummate iv. cruelty v. habitual drunkenness or habitual intoxication vi. onvictions for various criminal acts vii. failure to financially support the petitioner viii. failure to comply with a decree for the restitution of conjugal rights ix. being of unsound mine x. living apart for five years from the respondent with no intention of cohabiting xi. Presumed dead. LW310 Family law 4. 6 In Tuvalu, unless one party to a marriage has wilfully refused to consummate it, or the marriage was induced by fraud, duress or mistake, the sole ground for divorce is that the marriage has broken down completely (Matrimonial Proceedings Act [Cap 21] (Tuvalu) section 9).Evidence which may be accepted by the court to show that the marriage has broken down includes adultery, desertion, cruelty, being of unsound mind or if, in the circumstances, it would be unreasonable to expect one party to continue in the marriage. Whatever the evidence, however, the court must determine whether or not the marriage has completely broken down. A more restrictive approach is taken by Nauru where the court must find that the marriage has broken down irretrievably and it may only do so on one of four grounds.These grounds are desertion, separation for two years with consent of both parties or separation for five years and certain behaviour. These grounds need to be proved or parties need to fulfil strict conditions. The conditions relate to: †¢ living apart, †¢ attendance at court each month for six months after presentation of the petition, †¢ consistent and voluntary statements requesting the marriage to be dissolved and †¢ attempts by the court to promote reconciliation (Matrimonial Causes Act 1973 (Nauru) ss 10 and 12).Tonga prescribes eight matrimonial offences alth ough, with consent, the parties may also divorce after two years of separation. READ s 3 Divorce Act [Cap 29] (Tonga) There are only three grounds for dissolution of marriage in Tokelau – adultery, cruelty and three years of living apart (Divorce Regulations 1987 Reg 3). In Kiribati, fault grounds predominate. I-Kiribati parties may divorce if the court finds that their temperaments are incompatible (Native Divorce Act [Cap 60] s 4).However, the Matrimonial Causes Act 1950 (UK) which applies to other races in Kiribati and to foreigners in Solomon Islands, reinforces the fault based position by insisting on the blameless character of the petitioner and the fault of the respondent. In Fiji, the Family Law Act provides only one ground for divorce and that is irretrievable breakdown (s 30). This marks a shift to ‘no fault’ divorce, although often one of the various ‘matrimonial offences’ which may be relied on as a grounds for divorce elsewhere may have contributed to the irretrievable breakdown of the marriage – for example, adultery by one of the spouses.However a variety of lesser ‘fault’ may have led to the irretrievable breakdown of the marriage. What the court is looking for is evidence of conduct which makes it impossible for the two parties to continue to live as husband and wife in close proximity to each other and sharing the same home, resources and living space. I. Adultery Adultery is one of the most common grounds of divorce where it is still necessary to show fault.For the purposes of obtaining a divorce on the ground of adultery in fault based jurisdictions, a petitioner must prove that the respondent engaged in voluntary sexual intercourse with another person of the opposite sex during the subsistence of the marriage (Coffey v Coffey [1989] P 169). All jurisdictions except for Fiji, Nauru and Tuvalu list adultery as a ground for divorce. READ s3 (1) (a) Divorce Act [Cap 29] (Tonga) In Tuvalu adu ltery, if proved, is prescribed as evidence which a court may accept as causing the marriage to completely break down.READ s 9(a) Matrimonial Proceedings Act [Cap 21] (Tuvalu) The fact of adultery must be proved to the satisfaction of the court although the required standard of proof is unclear. In Elisara v Elisara [1994] WSSC 14 the proof consisted of testimony of the petitioner and her sister that they had found the co-respondent â€Å"half dressed inside the matrimonial home† as well as the respondent’s admission. Chief Justice Sapolu recited the facts as follows; „The petitioner, the wife, and the respondent, the husband, are a married couple having been married on 5 January 1980.In the first quarter of 1993, the petitioner was under suspicion that her husband, the respondent, was having an affair with the co-respondent. The respondent was director of the Department of Lands and Environment until near the end of 1992. The co-respondent was a secretary in the same department. Due to her suspicions, the petitioner and her cousins kept watch of the respondent? s whereabouts on the nights that the petitioner and the respondent were not together. Then one night in the beginning of April 1993, the petitioner asked the respondent to drop her off at her family at Savalalo.Not very long after the petitioner was dropped off, she headed back with her sister and cousins to their matrimonial home at Waivaseuta. When they arrived at Vaivase-uta the lights downstairs of the matrimonial home were on but not the lights upstairs. The respondent came out of the house and asked the petitioner as to why she was there. The petitioner gave the excuse that she was there to look for a parcel. She searched every bedroom in the house and found the co-respondent in one of the bedrooms half-naked. She told the respondent this is the last time you will see me again in this house and then left.The petitioner? s sister also testified that she saw the co-respondent ha lf dressed inside the matrimonial home at Vaivase-uta on the same night. LW310 Family law 4. 8 In his evidence, the respondent admits having committed adultery with the co-respondent. He says he has never denied to his wife, the petitioner, that he had committed adultery with the co-respondent. The corespondent did not appear to give evidence. On this evidence, I find that the ground of adultery alleged in the petition had been established. Accordingly a decree is granted to dissolve the marriage of the petitioner to the respondent.?However, in Bhagmati & Another v Ishri Prasad [1974] 20 FLR 75, the Court dismissed an appeal by a wife against an order for dissolution of the marriage on the basis that admissions made by her were not voluntary. Mr. Justice Bodilly stated that: ‘The Court must have sufficient evidence before it to be reasonably satisfied. I think that it is clear that a court would not be reasonably satisfied upon a mere balance of probability, on the other hand I do not think that the standard of proof required is as high as that in criminal cases, namely beyond any reasonable doubt. It lies somewhere between the two?. READ THE CASE NOWProving adultery can be difficult and may depend on circumstantial evidence. Read the case of Sugar v Fatafeti [1993] TOSC 2 for an illustration of this. A fraudulent secret understanding between the parties – collusion – is also one of the discretionary bars available to some courts in the region. READ s 11 (2) Divorce Act [Cap 29] (Tonga) Condonation or connivance may also act as a bar to the relief sought by the petitioner, whilst forgiveness by the petitioner provides the respondent with a defence in the Marshall Islands, provided that the forgiving party is treated with â€Å"conjugal kindness† (26 MIRC 1 s17).See the Vanuatu case of Ilaisa v Ilaisa [1998] VUSC 16 where the question of condonation is considered. Adulterers must be joined as co-respondents in proceedings for divorce on the basis of adultery in most jurisdictions unless they are excused by the Court on special grounds. See Cook Islands Matrimonial Proceedings Act 1963 (NZ) s 22; Samoa Divorce and Matrimonial Causes Ordinance 1961 s 11; Kiribati and Solomon Islands Matrimonial Causes Act 1950 (UK) s 3 and Vanuatu Matrimonial Causes Act [Cap 192] s17. In Niue this is at the discretion of the court ((NZ) Niue Act 1966 s537.READ s 11 Divorce and Matrimonial Causes Ordinance, 1961 (Samoa) Proceedings against co-respondents may be dismissed by the Court if there is insufficient evidence against them. See for example, Samoa s. 10. LW310 Family law 4. 9 READ s 6 Divorce Act [Cap 29] (Tonga) In some countries petitioners have a right to claim damages against corespondents. See for example, Vanuatu, Solomon Islands and Kiribati. The Solomon Island and Vanuatu Acts provide that a petitioner relying on adultery as a ground for divorce may claim damages from any person.The amount of damages which may be clai med against co-respondents is prescribed in Tonga. READ s. 13 Divorce Act, 1927 (Tonga) In Cook Islands, Vanuatu and Tonga the courts may direct the manner in which such damages are to be paid or applied and the sex of the petitioner or respondent is irrelevant. However, only petitioner husbands in the Solomon Islands and non i-Kiribati in Kiribati may claim damages in adultery cases. The categorisation and amount of such damages, which are not specified in the Acts, (except in Tonga) has been the subject of some judicial concern.In Tonga where the amount claimed is specified, the court found in ‘Afa v Tali & Sika [1990] Tonga LR 185 that the maximum amount of damages should only be awarded where it was shown on the balance of probabilities that the conduct of the co-respondent brought about the breakdown of the marriage by, for example, seducing or enticing away the respondent. Further, damages were to be based on- (a) The actual value of the wife (sic) (in terms of money and companionship); and (b) Compensation for injury to feelings, honour and family life. Damages are measured as compensation and not to punish or make an example of the Co-respondent.This idea of damages as compensation rather than punishment was elaborated further in Lamatau v Mau [1991] TOSC 3. It has been indicated however that the award of damages is becoming less common and that the courts are reluctant to allow a change of claim to include damages – see Mamata v „Akolo [2001] TOSC 47. The Vanuatu case of Banga v Waiwo is further illustrative of the difficulties faced by courts in the region when interpreting legislation derived from colonial sources whilst attempting at the same time to acknowledge custom law and respond to local social conditions.This matter originated in the Senior Magistrates Court where the petitioner gave evidence that customary meetings had been held with regard to the marital dispute. As a result of these meetings the chiefs decided that the husband was to pay 20,000 vatu to the co-respondent’s husband and the co-respondent was to pay the wife 5,000 vatu and two pieces of calico. The petitioner was also to pay the co-respondent 5,000 vatu because she had â€Å"insulted† the co-respondent. Having refused to accept this decision, the petitioner approached the Court for a divorce and claimed 100,000 vatu damages against the co-respondent.The solicitor for the co-respondent argued that the sum claimed was excessive and amounted to punitive damages. Reference was made to the Matrimonial Causes Act 1965 (UK) on which the Vanuatu Act is based. In the UK, it was argued, damages are awarded on a compensatory basis only and this should also be the approach of the law in Vanuatu. The amount awarded by the Chiefs, namely 5,000 vatu, was submitted as being appropriate as compensation â€Å"for the loss of the Husband (sic). â€Å"On behalf of the petitioner it was submitted that section 17 (1) of the Act should be in terpreted according to the intention of Parliament. That section states that; †¢ A petitioner may on a petition for divorce claim damages from any person on the ground of adultery with the respondent. † †¢ It was also contended that â€Å"adultery is a serious offence in Vanuatu communities and that punitive damages are often given for adultery which show clearly that Vanuatu local circumstances are different from those of the United Kingdom.The Senior Magistrate (then) considered the issue of the interpretation of section 17 of the Act and referred to the rules in Heydon? s case (1584) as restated in Re Macmillion v Dent (1907) 1 Ch 120, Brett v Brett (1826) 2 D and s 8 of the Vanuatu Interpretation Act CAP 132. In determining the intention of parliament the Senior Magistrate found circumstances in Vanuatu to be quite different from those in the United Kingdom and the Acts themselves to differ in important respects. Unlike the position in the UK Act, which allows o nly a petitioning husband to claim damages, the Vanuatu Act is not so limited.In comparing the UK and Vanuatu jurisdictions, it was noted that in Vanuatu the law recognises civil, religious and custom marriages and customary law, pursuant to Article 95(3) of the Constitution. Further, because adultery is considered a serious offence on the basis of custom, ‘any damages claimed by the Petitioner against the Co-Respondent should be awarded in accordance with customary law. ’ The Senior Magistrate did not categorise the type of damages to be awarded. He found in favour of the petitioner with regard to the amount of damages, however, stating that, „†¦ 00,000 Vatu damages claimed against the Co-Respondent is not excessive and it should be awarded to the Petitioner in accordance with customary law. ’ The matter then went on appeal to the Supreme Court of the Republic of Vanuatu where Chief Justice Vaudin d’Imecourt held that, whilst exemplary damages could be awarded in an appropriate case, no evidence justifying such an award had been presented to the court. His Honour considered that custom law only LW310 Family law 4. 11 applied where no other law was in force. The Court also found that custom law is not uniform in Vanuatu and; Although it is conceivable that there might not be a need for strict rules regarding the obtaining of evidence of a particular custom if and when the need arises to establish a particular custom, evidence must, nevertheless, be obtained and a clear custom must be established. ’ READ Waiwo v Waiwo [1996] VUMC 1 and Banga v Waiwo [1996] VUSC 5 In Solomon Islands and Kiribati where UK Acts still apply, damages for adultery may be claimed by petitioner husbands. Where damages are not available the court may order an adulterer to pay costs. S t u d y T a s k 1 CONSIDER THE FOLLOWING QUESTIONSAdultery and Divorce 1. Do you think it is sufficient for the petitioner to simply show that the respondent ha s committed adultery OR that the respondent has committed adultery AND ALSO that the petitioner finds it intolerable to live with the respondent? 2. If it is sufficient only to show that the respondent has committed adultery is one incident of adultery sufficient? 3. To what extent should the court investigate the claim? If the petitioner files an affidavit stating he or she believes the respondent to have to have committed adultery is that sufficient? . What does adultery as a ground for divorce which is frequently relied on tells us a) about marriage b) about people? 5. Should it make any difference to a divorce petition if the petitioner has also committed adultery? 6. Is the adultery of a woman more serious than that of a man? If yes why? 7. If the ground for divorce is irretrievable breakdown or final breakdown of a marriage and the matrimonial fault relied on is adultery, should this be viewed more gravely than other matrimonial offences such as cruelty, habitual drunkenness, or desertion? . Could adultery be claimed as the ground for divorce even if in fact it is not this but other factors which have led to the irretrievable breakdown of the marriage? 9. To what extent should the law of divorce be used to punish adultery? 10. What is the advantage/disadvantage of joining a co-respondent to adultery in a divorce action? 11. Should a petitioner be able to claim damages from more than one corespondent? What are damages for in such cases? 12.Would it make any difference if the respondent had promised to marry the coLW310 Family law 4. 12 respondent? 13. Should a co-respondent ask if the respondent is married before having intercourse with him or her? 14. Should it make a difference – in law – if the co-respondent is married or not? 15. Is adultery a) unlawful b) immoral c) a fact which may be evidence of the breakdown of a marriage? 16. Should any consideration be given to the fact that there are children born from the adulterous union? II. De sertionIn Tuvalu and Nauru the sole ground upon which a petition for divorce may be presented is that the marriage has â€Å"completely broken down† (Matrimonial Proceedings Act Tuvalu s 9(1) and â€Å"broken down irretrievably†(Matrimonial Causes Act 1973 s 8 Nauru) respectively. In Tuvalu, desertion â€Å"without reasonable cause† (s. 9(2)(b) may be accepted as evidence of marriage breakdown whilst in Nauru it is one of the grounds which, if proved, can lead to a finding that the marriage has broken down irretrievably. (s 9 (1)(a)(ii) Desertion is not a ground for divorce in Tokelau.READ ss 9(1) and 9 (2)(b) Matrimonial Proceedings Act [Cap 21] (Tuvalu) The applicable provisions in Kiribati, (Native Divorce Ordinance s 4(b) and Matrimonial Causes Act (UK) 1950 s 1(b)) Niue ((NZ) Niue Act 1966 s 534(3)(c)) Solomon Islands (The Islanders Divorce Act [Cap 48] S5(1)(b) and Matrimonial Causes Act 1950 (UK. ) s 1(b)) and Vanuatu ( Matrimonial Causes Act [Cap 192] s 5(a)(ii)) state that the respondent must have deserted the petitioner without just cause (the wording in the Kiribati and Solomon Islands legislation is â€Å"without cause†) for at least three years.In the Cook Islands and Nauru the period is two years prior to filing the petition ( Matrimonial Proceedings Act, 1963 (NZ) s 21 (c) and Matrimonial Causes Act 1973 ss 9(1)(ii), 12 (3). 54) Wilful desertion is statutorily provided for in Cook Islands (Matrimonial Proceedings Act, 1963 (NZ) s 21 (c)); Marshall Islands (26 MIRC 1 s 15 (c)); Samoa (Divorce and Matrimonial Causes Ordinance 1961 s 7(1)(b)) and Tonga (The Divorce Act [Cap 29] s 3(1)(c)). LW310 Family law 4. 13The Marshall Islands Act prescribes a period of not less than one year before wilful desertion may be alleged, Samoa prescribes three years and the other jurisdictions prescribe two years. READ s 7(1) (b) Divorce and Matrimonial Causes Ordinance, 1961(Samoa) There appears to be no difference in law between wilful desertion and desertion as in all cases the burden is on the petitioner to show that throughout the statutory period the desertion subsisted without cause. A distinction can be made however between desertion and constructive desertion.Facts presented to the court must show that the respondent intended to leave the marriage and that the desertion was against the will of the petitioner. If the behaviour of one party to the marriage causes the other to leave the matrimonial home then constructive desertion may be argued. Cook Islands also allow desertion to continue notwithstanding that during the period of the desertion the deserting party becomes â€Å"incapable of forming or having an intention to continue the desertion† (Matrimonial Proceedings Act, 1963 (NZ) s 24)A review of desertion as a ground for divorce can be found in the Solomon Island case of Kikolo v Aberam [2002] SBHC 28. In the Fiji case of Kistamma v Sarojini [1977] 23 FLR 86, desertion was not made out because the respondent was found to have made a genuine offer to return to the marriage. See also Ledua v Uluiborotu [1994] FJHC 182 and compare Peck v Peck [1993] FJHC 34 There may be some confusion between desertion as a ground for divorce and separation. This was considered in the case of Peck v Peck [1993] FJHC 34 III. Failure to Consummate the MarriageThe issue as to whether or not the marriage has been consummated is dealt with in some jurisdictions as a ground for divorce and in others as rendering the marriage voidable. The latter approach is taken by Cook Islands (Matrimonial Proceedings Act, 1963(NZ) s 18 (2)(a)); Nauru (Matrimonial Causes Act 1973 s 22 (e)); Samoa (Divorce and Matrimonial Causes Ordinance 1961 s 9(3)(a)); Solomon Islands (The Islanders Divorce Act [Cap 48] s13 (1)(a) and Matrimonial Causes Act 1950 (UK. ) s 8 (1)(a)) and Vanuatu (Matrimonial Causes Act [Cap 192] s 2(1)(a)).In Fiji, if a party was incapable of consummating, the marriage used to be rendered voidabl e (Matrimonial Causes Act [Cap 51] s 9(1) (a)) 70 whilst wilful and persistent refusal to consummate was a ground for divorce (Matrimonial Causes Act [Cap 51] s 14(c)). The new Family Law Act abolishes this ground for divorce. Inability of failure to consummate may however lead to the irretrievable breakdown of the marriage. In Tuvalu the term â€Å"voidable† is not used but wilful refusal to consummate provides an entitlement to divorce (Matrimonial Proceedings Act [Cap 21] s 8).LW310 Family law 4. 14 The Marshall Islands legislation provides that:- ‘A decree annulling a marriage may be rendered on any ground existing at the time of the marriage which makes the marriage illegal and void or voidable. A court may, however, refuse to annul a marriage which has been ratified and confirmed by voluntary cohabitation after the obstacle to the validity of the marriage has ceased, unless the public interest requires that the marriage be annulled. (26 MIRC 1 s 12)?In Kiribati it is a ground for divorce if the respondent has either wilfully refused or is incapable of consummating the marriage (Native Divorce Act [Cap 60] s 4(d)) whilst in Tonga the section is much wider and provides that if:- †¦ the respondent at the time of the marriage is and continues to be incapable of consummating the marriage by reason either of some structural defect in the organs of generation which is incurable and renders complete intercourse impracticable or of some incurable mental or moral disability resulting in an invincible repugnance to sexual intercourse with the petitioner. Divorce Act [Cap 29] s3 (1) (e)) The petitioner has grounds for the marriage to be dissolved. In the region, only Tokelau does not provide for failure to consummate as either a ground for divorce or as possibly rendering a marriage voidable. IV. Cruelty Whilst cruelty is not mentioned specifically in the legislation of Cook Islands, Nauru, Niue and Tonga it is a ground for divorce elsewhere in the region in Kiribati Marshall Islands and Samoa. In Vanuatu, such cruelty must be â€Å"persistent†.A clear consideration of what may amount to cruelty was considered in the case of Kong v Kong [1999] VUSC 41. See also the approach taken in the Marshall Islands where; „the guilt of either party toward the other of such cruel treatment, neglect or personal indignities, whether or not amounting to physical cruelty, as to render the life of the other burdensome and intolerable and their further living together unsupportable? (26 MIRC 1 s 15(b)81) †¦is a ground for divorce.The scope of the cruelty is extended by the Regulations in Tokelau which specify that the cruelty can be directed to the applicant or â€Å"a child of the applicant† (Tokelau Divorce Regulations 1987 Reg. 3). The applicable provisions in Cook Islands, Niue and Samoa require that the respondent be not only habitually cruel but a â€Å"habitual drunkard† as well ((NZ) Matrimonial Proceedin gs Act, 1963 s 21 (e); (NZ) Niue Act 1966 s 534 (3)(d); Divorce and Matrimonial Causes Ordinance 1961 s 7(1)(c)83). LW310 Family law 4. 5 In the Solomon Islands case of Elaine Bui v Anthony Makasi [1993] SBHC 3, the applicant succeeded in obtaining a divorce on the ground of cruelty. Justice Palmer held that it was not necessary to find physical violence and considered four specific allegations. Three of the allegations involved assaults and threats against the petitioner whilst the respondent was drunk and the fourth allegation involved an assault on the eldest child of the parties. READ THE CASE NOW V. Criminal ConvictionsIn the Cook Islands, Samoa, and the Solomon Islands and for non i-Kiribati only a respondent husband can be guilty of rape, sodomy or bestiality and sued for divorce by his wife. (Cook Islands Matrimonial Proceedings Act, 1963(NZ) s 21(1)(h);Kiribati Matrimonial Causes Act 1950 (UK) s 1; Samoa Divorce and Matrimonial Causes Ordinance 1961 s 7(1)(k), Solomon Islan ds The Islanders Divorce Act (Cap 48) s 5 (1) and Matrimonial Causes Act 1950 (UK. ) s 1) In Vanuatu, a wife may divorce her husband if he has been â€Å"convicted of rape or an unnatural offence† (Matrimonial Causes Act [Cap 192] s5).Incest, attempted rape or assault with intent to rape a child of the either party provides a ground for divorce in the Cook Islands Matrimonial Proceedings Act 1963 (NZ) s 21(1) (g) and Niue (Niue Act 1966 (NZ) s 543(f)) as does sexual intercourse or attempted sexual intercourse with the child. Husbands in Niue who commit rape or buggery(s 543(g) or either party to a marriage in the Cook Islands, Samoa or Niue who is convicted of murder may also be divorced.Other criminal convictions which provide a ground for divorce are those which result in various periods of imprisonment including for a life sentence, seven years and five years. (E. g. Marshall Islands 26 MIRC 1 s 15(e) stipulates imprisonment for life or for three years or more; see also: S amoa Divorce and Matrimonial Causes Ordinance 1961 s 7(1)(l) and Tonga The Divorce Act, 1927 s 3 (1)(a)). Serious offences against the petitioner are also specifically provided as a ground for divorce in three jurisdictions.In three of these, offences against a child of the parties are included: Cook Islands (Matrimonial Proceedings Act, 1963(NZ) s 21(1) (f); Niue (Niue Act 1966 (NZ) s 534 (3) (e)) and Samoa (Divorce and Matrimonial Causes Ordinance 1961 s 7 (d)) READ s 7(d) Divorce and Matrimonial Causes Ordinance, 1961(Samoa) VI. Drunkenness In the jurisdictions where drunkenness is a ground for divorce, such as Cook Islands (Matrimonial Proceedings Act 1963(NZ) s 21(1) (f)) Samoa (Divorce and Matrimonial Causes Ordinance 1961) s 7(1) (d)) and Niue (Niue Act 1966 (NZ) s 534 (3) (e)) the legislation is not uniform although the CookIslands, Niuean and LW310 Family law 4. 16 Samoan Acts are in very similar terms. As noted above these Acts link drunkenness and cruelty. They also link other behaviour with drunkenness along the lines of traditional gender roles in marriages, as illustrated by the Samoan provision which states; that the respondent has for three years or more been a habitual drunkard and has either habitually left his wife without sufficient means of support or habitually been guilty of cruelty toward her; or, being the petitioner? wife has for a like period been a habitual drunkard and has habitually neglected her domestic duties and rendered herself unfit to discharge them. (Divorce and Matrimonial Causes Ordinance 1961) s 7(1) (c)) In the Cook Islands and Niue, the relevant section is in similar terms with a three year time period for a husband who is a habitual drunkard or drug addict and who either leaves his wife without means of support or who is habitually cruel to her. (Cook Islands Matrimonial Proceedings Act, 1963(NZ) s 21(1) (e); Niue, Niue Act 1966 (NZ) s 534(3) (d)).A wife must be similarly addicted and either habitually neglect her do mestic duties and have been unfit to discharge them or be habitually guilty of cruelty towards the husband. (Cook Islands Matrimonial Proceedings Act, 1963 (NZ) s 21 (e)(i)which prescribes a period of two years following amendment by the Cook Islands Amendment Act1982; Niue Niue Act 1966 (NZ) s 534(3) (d)(i)). In the Marshall Islands the time period is reduced to not less than one year.The applicable section requires â€Å"habitual intemperance in the use of intoxicating liquor or drugs† (26 MIRC 1 s 15(d)). Obviously the time restrictions are used to bar applications for divorce after one or several episodes involving excessive use of alcohol or other drugs. VII. Failure to Maintain In Niue and in Samoa a petitioner wife may only rely on insufficient means of support if the respondent husband is a habitual drunkard or addict (Niue Act 1966 (NZ) s 534(3) (d) (i) and Divorce and Matrimonial Causes Ordinance (1961) s 7(1) (c) (Samoa)).The equivalent provision in Marshall Island s targets the â€Å"wilful neglect by the husband to provide suitable support for his wife when able to do so or when failure to do so is because of his idleness, profligacy or dissipation† (26 MIRC 1 S15 (I)). VIII. Presumed Dead In the Cook Islands it is a ground for divorce if the respondent can be presumed dead on reasonable grounds. (Matrimonial Proceedings Act, 1963 (NZ) s 19) Separate provision is made for this in Samoa where five years absence is required (Divorce and Matrimonial Causes Ordinance (1961) s 8) and in Nauru, Marshall LW310 Family law 4. 7 Islands and Vanuatu the period is seven years (26 MIRC 1 s 29; Matrimonial Causes Act 1973 s 29; Matrimonial Causes Act (Cap 192) s13). The United Kingdom legislation applying in Kiribati and Solomon Islands also makes separate provision for a decree of presumption of death and dissolution of marriage after seven years of absence (Kiribati Matrimonial Causes Act 1950 (UK) s 16; Solomon Islands Matrimonial Causes Act 195 0 (UK. ) s 16). IX. Unsound Mind or InsanityIn the Cook Islands a marriage is rendered voidable if at the time of the marriage either party was a â€Å"mental defective† (Matrimonial Proceedings Act, 1963 (NZ) s 18 (2) (b)). Insanity, provided that it has existed for three or more years may provide grounds for divorce in one country (see Marshall Islands 26 MIRC 1 s15 (f)) but other jurisdictions refer to the â€Å"unsound mind† of the respondent to divorce proceedings. The length of time that a person has been of unsound mind, possibility of recovery and proof of the condition are material.Some jurisdictions require that the respondent be under care and treatment continuously for five years prior to the presentation of the petition for divorce (e. g. Cook Islands Matrimonial Proceedings Act, 1963(NZ) s 21(1)(l); Kiribati Native Divorce Ordinance [Cap 60] s 4(e);Kiribati Matrimonial Causes Act 1950 (UK) s 1(d); Niue, Niue Act 1966 (NZ) s 534(3)(k); Samoa Divorce and Ma trimonial Causes Ordinance (1961) s 7(f), (g); Solomon Islands The Islanders Divorce Act [Cap 48] s 5 (1)(d) and Matrimonial Causes Act 1950 (UK. s 1 (d); Tonga The Divorce Act, 1927 s 3 (1)(d); Vanuatu Matrimonial Causes Act [Cap 192] s 5 (a)(iv)). Samoa extends its provision to cover the possibility of a confinement in another country (Divorce and Matrimonial Causes Ordinance (1961) s 7(1) (g)). The Cook Islands, Niue and Samoa also cover the possibilities of respondents being of unsound mind intermittently and continuously for a number of years (Matrimonial Proceedings Act, 1963 (NZ) s 21(1) (j), (k); Niue Act 1966 (NZ) s 534(i) (j); Divorce and Matrimonial Causes Ordinance (1961) s7 (f) & (g)).Respondents must be either â€Å"unlikely to recover† (Cook Islands, Niue, Samoa, Tuvalu) or â€Å"incurably of unsound mind† (Kiribati, Solomon Islands, Tonga and Vanuatu). Reference may be made to applicable Mental Health legislation (Kiribati, Niue, Samoa, Solomon Islands and Tuvalu). There is no reference to insanity or unsound minds in Nauru or Tokelau. READ s 7 Divorce and Matrimonial Causes Ordinance, 1961(Samoa) X. Marital Breakdown – Living Apart The legislation in Marshall Islands, Nauru and Tonga provides a â€Å"catch all† provision in identical terms dealing with the behaviour of the respondent generally.The provisions require that the petitioner â€Å"cannot reasonably be LW310 Family law 4. 18 expected to live with the respondent† because of that behaviour (Marshall Islands 26 MIRC 1 s 9(1) (a); Nauru Matrimonial Causes Act 1973 s 9(1) (a) (i); Tonga The Divorce Act, 1927 s 3 (1) (g)). The parties are treated as living apart in Nauru unless they are living with each other in the same household although they may live together for a period or periods not exceeding six months, in an attempt to reconcile, without prejudice.In wider terms, the Tuvalu Act allows parties to divorce on proof that the marriage has broken down where â€Å"in the circumstances it would be unreasonable to expect one party to continue in the marriage relationship with the other†. READ s 9(2) Matrimonial Proceedings Act, (Cap21)(Tuvalu) When a party asks for a divorce on the ground that petitioner and spouse are living apart, is this just another way of claiming that petitioner has been deserted or is this a different ground? Some answer to that question might be provided in the case of Ng Lam v Ng Lam from Samoa.READ the Ng Lam case now XI. Incompatible Temperaments Kiribati is the only jurisdiction to allow divorce on the basis that the temperaments of the parties are incompatible (Native Divorce Ordinance [Cap 60] s 4(j). This is a significant departure from other jurisdictions and is clearly a no fault ground for divorce. The closest comparison is the provision in Tuvalu relating to â€Å"circumstances† as described in the preceding paragraph. However in Fiji, incompatibility of temperament might be a cause of the irretrievable breakdown of the marriage.XII. Disease Whilst the contraction of disease may render a marriage voidable in most jurisdictions it can be used as a ground for divorce in others. Kiribati prescribes â€Å"venereal disease† as a ground for divorce if certified as such by â€Å"a medical officer†(Native Divorce Ordinance [Cap 60] s 4(g)) whereas Tonga specifies affliction with â€Å"an incurable disease capable of being transferred to the petitioner by contagion of infection† (The Divorce Act [Cap 29] s 3 (1) (d)).The Marshall Islands prescribes leprosy as a ground for divorce (26 MIRC 1 s 15(g)) XIII. Other Grounds The Marshall Islands lists â€Å"neglect† or â€Å"personal indignities† as grounds for divorce if this renders the life of the other party â€Å"burdensome and intolerable† and the married life â€Å"unsupportable† (26 MIRC 1 s 15(b)). Kiribati has the additional grounds of epilepsy (Native Divorce Ordinan ce [Cap 60] s 4(f)); duress or mistake (s 4(h)) and parties within prohibited degrees of LW310 Family law 4. 9 consanguinity or affinity (s 4(i)) as grounds for divorce. Other jurisdictions categorise such issues as rendering a marriage void or voidable (e. g. Cook Islands Matrimonial Proceedings Act, 1963(NZ) s 7(1) (a) (ii); Niue Niue Act 1966(NZ) s 515). Similarly, the Tongan Act states that it is a ground for divorce if a respondent has a former spouse still living (s 3 (1)(b)), whereas this situation renders a marriage void in Cook Islands, Nauru, Solomon Islands, Samoa and Fiji.The Cook Islands and Niue provide that a husband can file for a divorce if without his consent his wife has been â€Å"artificially inseminated with the semen of some man† other than himself (Matrimonial Proceedings Act, 1963 (NZ) s 21(1)(b) and Niue Act 1966 (NZ) s 534(3)(b)). A marriage is rendered voidable in Cook Islands (Matrimonial Proceedings Act, 1963 (NZ) s 18 (2) (d) and IN Vanuatu (Mat rimonial Causes Act (Cap 192) s 2 (1) (d)) if a wife is pregnant at the time of her marriage by some person other than the petitioner.The Cook Islands takes this situation further by providing for dissolution where a woman other than the petitioner wife is pregnant by the respondent (Matrimonial Proceedings Act, 1963 (NZ) s 18 (2) (d)) 2. Cus tomar y Di vor c e The divorce laws of the region are governed by written legislation – much of it introduced under colonial administration and now therefore, quite out of date. Where marriages may be entered into according to custom then customary divorce applies. This occurs in Vanuatu and Solomon Islands. Customary divorce also has some problems.Consider the two cases below. Both are from Melanesia. In all other respects, the two cases are very different. As you read To? ofilu v Oimae, a case from Solomon Islands, and the Wagi Non case from Papua New Guinea, consider what differences, if any, there are between the customary law of div orce and the statutory law of divorce. Consider also the attitudes of the two judges towards custom. READ To? ofilu v Oimai now And, when you have finished that case READ Application of Wagi Non 3. RECOGNITION OF FOREIGN DIVORCE DECREESAs Pacific people acquire greater mobility and come into contact with people of other nationalities and who are domicile in other countries it is not unusual that marriages and divorces occur outside the region or in a different jurisdiction. It is therefore important to know what recognition is given by domestic law to these decrees. LW310 Family law 4. 20 In Nauru, the Recognition of Foreign Divorces, Legal Separations and Nullity of Marriages Act 1973 provides guidelines for judicial recognition of foreign orders or decrees. The following sections give the grounds for recognition and the exceptions from recognition respectively:- . 4 (1) The validity of a foreign divorce, legal separation, annulment of marriage or declaration of invalidity of marri age shall be recognised if, at the date of the institution of the proceedings in the country in which it was obtained – (a) either spouse was habitually resident in that country, (b) either spouse was a national of that country; or (c) the proceedings by means of which it was obtained were held in the exercise in that country of a jurisdiction similar to any jurisdiction conferred in the Family Court in respect of proceedings in Nauru by section 44 of the Matrimonial Causes Act 1973. 2) In relation to a country the law of which uses the concept of domicile as a ground of jurisdiction in matters of divorce, legal separation or nullity of marriage, paragraph (a) of the preceding section shall have the effect as if the reference to habitual residence included a reference to domicile within the meaning of that law. (3) In relation to a country comprising territories in which different systems of law are in force in matters of divorce or legal separation, the preceding provisions of this section, except those relating to nationality, shall have effect as if each territory were a separate country†. s. 9 (1) Recognition by virtue of this Act of the validity of a divorce, legal separation, annulment of marriage or declaration of invalidity of marriage obtained outside Nauru may be refused if, and only if – (a) it was obtained by one spouse – (i) without such steps having been taken for giving notice of the proceedings to the other spouse as, having regard to the nature of the proceedings and all the circumstances, should reasonably have been taken, or ii) without the other spouse having been given, for any reason other than lack of notice, such opportunity to take part in the proceedings as, having regard to the matters aforesaid, he should reasonably have been given: or (b) its recognition would manifestly be contrary to public policy. (2) Nothing in this Act shall be construed as requiring the recognition of any findings of fault made in a ny proceedings for divorce, legal separation or annulment or of any maintenance, custody or other ancillary order made in any such proceedings. LW310 Family law 4. 21 READ the following case Meleisea v Meleisea [1994] WSSC 24 Where legislation does not deal with the recognition of foreign decree, courts must have recourse to the common law. The case example above shows how this may occur in practice. It also highlights possible evidentiary problems when dealing with overseas decrees. 4. Divorce: Marital Agreements, Collaborative Law, Mediation and Family Arbitration Litigation has for a long time been the traditional battlefield for disputing parties within the Family Law.The financial and emotional cost of litigation in the Family Courts is an issue that has often prompted debate over the years. When parties engage themselves in long, drawn out disputes, the strain is not just felt financially, the children will often be victims, courts are clogged with an overflow of cases and the public will end up bearing the burden of resources spent. The time has come for courts to begin utilising different forms of resolving disputes within the courts and one such mechanism is arbitration or alternative dispute resolution (ADR).Dispute resolution is not a new concept to the South Pacific as most societies are familiar with one form or another. ‘Most Pacific societies are familiar with the ideas of â€Å"alternative dispute resolution† without necessarily being familiar with the term. As Vanuatu Chief Justice Lunabek informed a conference on conflict resolution held in Vila in 2000: â€Å"ADR is not a new concept to Pacific Island jurisdictions and, in particular, to Vanuatu. It is, in fact, consistent with traditional methods of dispute resolution that predated the introduction of the formalised system of justice. The resolution of conflict is described as being â€Å"deeply embedded in the culture† in many societies, so that its structures remained unobtrusive.? (Graham Hassal, „Alternative Dispute Resolution in Pacific Island Countries? [2005] 9 (2) Journal of South Pacific Law) In jurisdictions that utilise ADR in the Family Court, there are different processes currently available and these include: i. Counseling This can be likened to a sort of therapeutic process that is aimed at examining the underlying conflict between parties and with the goal of assisting with reconciliation.Parties are encouraged to sort out their differences rather than opting to go to court. In Fiji, one of the key strategies in the Family Law Act to provide support to troubled families is to make available within the Family Court an on-site counseling service. There is statutory requirement under s. 11 of the LW310 Family law 4. 22 Act for the Director of Counseling to „advertise the existence and availability of the counseling and welfare facilities of the respective Family Division? and as far as practicable, to make those facilities available to those seeking such services.The Act provides for three different types of counseling and these are marriage reconciliation, family and child counseling and financial and property conciliation. (See also the Family Protection Act, Vanuatu) Child counseling is an important component because the focus is on the parents coming to an agreement about issues pertaining to the child (ren) and this is done with the belief that the best judges of the children’s best interest are the parents and not the court. Section 50 and 51 of the Family Law Act, Fiji make provisions for child counseling.This is where a parenting plan may be drawn up by the parents. Some issues that the plan will address is where and with whom the child is to reside (focus will be on the effect of relocating a child from a familiar environment), the issue of contact between the child and the non-custodial parent and other persons, the maintenance of a child and any other aspect of parental responsibili ty towards the child. ii. Negotiation (including round table conferences and collaborative law) This seems to be the most common form of dispute resolution in family law.The simplest example of negotiation is where separated parties have discussions with each other to determine if they can resolve some or all of their issues. This is very similar to counselling where parties may be focused on what type of parenting arrangement they will agree to. Parties may choose to conduct negotiations on their own or if this proves too difficult then they may engage the services of their lawyers who will negotiate on their behalf. The latter form is now known as round table conference. A round table conference is one where parties and lawyers meet together, generally at one of the lawyers offices, to undertake settlement discussions. One or both lawyers will initiate the meeting. The conference can be used to resolve any type of legal issues, such as those about parenting and property and financ es. Lawyers need to come to the meeting prepared with all relevant information, such as valuation of properties and superannuation entitlements, where there is property dispute. If a dispute is complex, a series of round table conferences may be needed.? Alexander Harland et al, Family Law Principles (1st ed. 2011) A more complex form of negotiation is known as collaborative law which aims to resolve matters without recourse to litigation. Parties who choose to participate in this type of negotiation must sign an agreement that commits each of them to the process and this agreement includes an undertaking that parties will not resort to litigation. If one party wishes to opt for litigation then the disputing parties’ lawyers must be changed as they had originally signed the agreement on litigation.This is one drawback of this option. ‘Collaborative law may be appropriate where:  ¦ Parties in low conflict are motivated to work together with the assistance of their lawy ers to resolve their dispute, without going to court;  ¦ Parties are committed to negotiating a settlement outcome;  ¦ Parties may have substantial assets, and then can involve their accountant and financial advisors in the negotiation process.? (Alexander Harland et al, Family Law Principles (1st ed. 2011) This form of negotiation first began in the United States and Canada and is today used in Australia. ii. Mediation Mediation is a process where a third party enters the dispute as a sort of referee and to facilitate the discussion between disputing parties. This third party may be someone from the community, the family court, a counsellor, and even lawyers. The Family Court of Fiji operates according to simple, appropriate and effective procedures, offers counseling and mediation support services. „Mediation may be appropriate where:  ¦ Parties are able to negotiate with assistance and want to work towards settlements; Both parties are able to negotiate during the pro cess and are not prevented from doing so by an overwhelming power imbalance, due to family violence, mental health problems, cultural factors or other issues (or the process can be structured in an appropriate way; for example, shuttle mediation in separate rooms and each party has a lawyer representative during the mediation).? (Alexander Harland et al, Family Law Principles (1st ed. 2011) iv. Conciliation This process is not one aimed at getting the parties back together.Rather it is designed to allow for the disputing parties to settle issues regarding the settlement of matrimonial property. ‘The conciliator will be a qualified lawyer who will receive training in conciliation and alternative dispute resolution skills. They will discuss who will live in the matrimonial home or whether it should be sold; whether payments are to made to the Bank for loans; how much maintenance is to be paid for the children or the other spouse if relevant; how income once going into one family will be shared between two homes; their various financial commitments to the Bank or other debtors and any other financial matters.? Imrana Jalal (2009) in Narawa-Daurewa U, The Family Law Act of Fiji, 2003: A Brief Review of Provisions in the Act; The Impact on the Family (with Emphasis on Women? s Access to Justice) (LLM thesis, University of the South Pacific, 2010) Again the idea of this type of service in the Family Courts is to ensure that parties are the best judges and should try to resolve the issues themselves rather than litigating. v. Arbitration Arbitration is again another means of trying to resolve disputes by means of a third party involvement.The difference between arbitration and mediation is that with the latter you always have the choice of backing out or not accepting the options being offered by the other party (spouse). In arbitration, although the arbitrator cannot grant a divorce, they do have power over how property distribution and custody and access issu es are resolved. An upside to arbitration is that parties are able to keep matters out of court and private and it is also more cost effective. The downside is that for jurisdictions that offer arbitration processes in family law the order made by the arbitrator is not binding until registered in court.See for example, the Family Law Act of Australia. Conclusion Arbitration should be advanced as a desirable alternative to litigation. A revision of the family legislation in countries of the South Pacific is necessary at this time in light of the ever-increasing use of arbitration and the developments of the law in this area. Alternative dispute resolution is being used in other areas of law as a means of resolving disputes without litigating and so it begs the question, why is the family law being left behind? . Conc lus ion There are various models of divorce law evident in the USP region which can provide comparisons for reformers. Tuvalu, Kiribati, Nauru and Tuvalu have partial no fault systems and the remainder are largely fault based. Some, however, have retained the concept of matrimonial fault whilst allowing divorce after a relatively short period of separation. Those laws which focus on â€Å"fault† do so because this was the approach of colonial law prior to independence.This has also led, in two countries, to the application of different matrimonial laws to people in the same jurisdiction on the basis of race rather than relying on the domicile or residence of the petitioners. The legislation also reflects a time and culture when the roles of men and women were largely unquestioned and family life was designed for the procreation of children, the passing of inheritance to ones offspring and the restriction of sexual activity to the parties of the marriage exclusively. This is reflected most dramatically in some of the ‘failure to maintain’ grounds.In Samoa, alcoholic husbands must be sure to financially support their wives or face the possibility of divorce while alcoholic wives must determine the nature of their domestic duties and carry them out without neglect. Niue and the Cook Islands alert husbands to the possibility of wives being artificially inseminated with semen which is not theirs, whilst husbands in the Cook Islands and Vanuatu may opt out of a marriage if their wives, at the time of marriage and without their knowledge, were pregnant by a person other than themselves. Wives in the Cook Islands also have redress if their husband has fathered a