An Examination of General and Specific Motivational Mechanisms Essay Example for Free

An Examination of General and Specific Motivational Mechanisms Essay Luc G. Pelletier and Stà ©phanie C. Dion’s report entitled An Examination of General and Specific Motivational Mechanisms for the Relations Between Body Dissatisfaction and Eating Behaviors aims to examine the relationship of body dissatisfaction with eating behaviors through a study of the different models of regulation of eating behaviors used by women. The study mainly uses the Self-Determination Theory (SDT) as a framework for examination of socio-cultural pressures and the `thin-ideal` as factors for body dissatisfaction and, in turn, body dissatisfaction as a cause of eating-related problems like binge eating, dietary restraint, and bulimia. Lastly, the study also looks at two different levels of motivation to explain the differences in the responses of women to socio-cultural pressures regarding body image, which lead to a difference in eating patterns. These two are the general self-determination or a sense of self-determination toward ones life and self-determination towards eating. Negative body image and its causes and effects have been the subject of many studies during the past decade. Due to its popularity as a topic for research, many of its findings are well-known and accepted by society at present. Among these are the role of media, peers, family, puberty and others in reinforcing the thin ideal, the relationship of women’s perceived discrepancies between their body ideal and body image with their satisfaction with their own body and the effect of negative body images to women’s eating habits. However, a review of the existing literature about body image reveals many interesting and sometimes unexpected findings. The first among these is the main basis of this study, which is self-determination. Deci and Ryan’s Self-Determination Theory shows that the level of women’s general self-determination in life may serve as a shield against the effect of the pressure exerted by society for women to be thin. This is interesting because this will show how body-image can be approached as a cyclical issue when joined with the findings on how positive body image can lead to confidence then to a positive self-determination. Second, body image may have an effect on many positive qualities such as attractiveness, success and intelligence. This shows attractiveness as more than just a fixed variable. It is not merely affected by the physical attributes one is born with, but also by how one feels about these physical attributes. Moreover, it emphasizes the gravity of the consequences that either a positive or negative body image may cause. Its affects can extend onto many non-physical aspects of a person’s life. In fact, another research shows that pressures from society to be thin can change individual core beliefs as regards the importance of physical appearance compared with other values. Another interesting finding is that body dissatisfaction may be addressed by either self-reinforcement or by aiming to change one’s appearance. People are more familiar with the second approach, which includes exercising and dieting. However, it is interesting to find that grooming and other forms of self-reinforcement are also used. While these forms of self-reinforcement may have been admitted to be used by people to enhance their self-image, it is not easily identifiable to have a direct correlation to body image. Moreover, this type approach shows a more positive and less destructive way of addressing issues on body image.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Seven hypotheses were tested in the research. They are stated in the article as follows. First, general self-determination will be negatively associated with both socio-cultural pressures about body image and the endorsement of society’s beliefs about thinness and obesity. Second, socio-cultural pressures should be positively linked to the endorsement of society’s beliefs, which, in turn, will positively predict body dissatisfaction. Third, although body dissatisfaction is expected to positively predict both an autonomous and a controlled form of regulation of eating behaviors, it should lead mainly to a controlled regulation of eating. Fourth, the autonomous form of regulation of eating will be positively associated with healthy eating behaviors, whereas the controlled form of regulation will be positively associated with dysfunctional eating behaviors. Fifth, general self-determination should be positively associated with the autonomous form of regulation and negatively associated with the controlled form of regulation. Sixth, the autonomous regulation of eating behaviors will be positively associated with healthy eating behaviors and negatively associated with bulimic symptoms, whereas the controlled regulation of eating behaviors will be positively associated with dysfunctional eating and negatively associated with healthy eating behaviors. Finally, healthy eating behaviors should positively predict psychological adjustment, whereas dysfunctional eating should negatively predict psychological adjustment. These hypotheses aim to test the relationship of general self-determination, body image, body dissatisfaction, forms of regulation of eating behaviors, eating habits and psychological adjustment among each other. Methodology The study was done on 447 female students, ages 16 to 54 from two universities—the University of Ottawa and the Carleton University. Of these students 78.2% are taking undergraduate degrees from the University of Ottawa, 20% are graduate students from the same university, while the remaining 1.2% are enrolled at Carleton University. The researchers adopted several scales and indexes to test its hypotheses. Enumerated in the study are the General Motivation Scale (GMS), Teasing Assessment Scale, Body Dissatisfaction Subscale (EDI-BD), Regulation of Eating Behaviors Scale (REBS), Healthy Eating Habits Scale, Dysfunctional Eating (BULIT-R), Psychological Adjustment Index (PAI), Depressed Mood Scale (CES-D), Self-Esteem Scale (SES) and the Satisfaction with Life Scale (SWLS). The tests are composed of statements and questions, which the respondents assess using a Likert scale with around five to seven points for rating. The scales are usually divided in several subscales with equal number of items based on the nature of the hypothesis being tested. They have been previously used in other studies and their reliability and validity have been tested. Results and Discussion The study was able to prove all six hypotheses. These hypotheses will be discussed in three groups. These groups are general self-determination and determinants of body dissatisfaction, general self-determination and forms of regulation of eating behaviors and consequences of the forms of regulation of eating behaviors on psychological adjustment. The last group will be divided into the association of autonomous and controlled eating regulation to healthy and dysfunctional eating habits and the relationship of eating behaviors with psychological adjustment. The first discussion group pertains to the first and second hypotheses. Findings show that general self-determination has a positive association with autonomous regulation of eating behaviors, while it has a negative association with controlled regulation of eating. In relation to this, general self-determination has a negative relation with socio-cultural pressures about body image and the endorsement of society’s beliefs about thinness and obesity. On the contrary, socio-cultural pressures about body image and endorsement of society’s beliefs about thinness and obesity have a positive association, while the latter is positively associated with body dissatisfaction. The cause for this result was explained to be that the more women perceived socio-cultural pressures about body image, the more they internalized societal beliefs about thinness and obesity, which causes them to have body dissatisfaction. However, general self-determination allows them to be more motivated to act according to their own values, rather than be pressured socio-cultural messages of thinness. People with general self-determination are more likely to measure self-worth based on personal growth, meaningful relationships and other intrinsic values, rather than by using extrinsic values such as physical attractiveness. The second discussion group relates to the third and fifth hypotheses. It was found that both autonomous and controlled eating behaviors are good motivational mechanisms and have a positive association to body dissatisfaction. However, the association of controlled regulation, which is ÃŽ ² = .74 is stronger than autonomous regulation’s ÃŽ ² = .14. In addition to this, it was found that general self-determination in life caused them to be self-determined in the regulation of their eating behaviors, which is a specific life domain. The third discussion groups relates to the fourth, fifth and sixth hypotheses. As for the fourth and sixth hypotheses, majority of women who are dissatisfied with their body image eat in a restrictive manner due to the motivation to reduce body dissatisfaction caused by internal pressures such as guilt or shame or external pressures such as media and parents about body image and the endorsement of beliefs about thinness and obesity. Controlled regulation has a positive association with dysfunctional eating behaviors and a negative associated with healthy eating behaviors. On the contrary, women with greater self-determination tend to have healthy eating habits because they have less probability of perceiving socio-cultural pressures about body image and internalize societal beliefs about thinness and obesity. Unlike its negative relation with dysfunctional eating behaviors, autonomous regulation has a positive relation to healthy eating behaviors. Lastly, as regards the last hypothesis, positive psychological adjustment are found have a positive connection with healthy eating behaviors. On the contrary, it has a negative relation with dysfunctional eating behaviors. The results of the study suggest that healthy eating behavior may be a necessary condition for global psychological adjustment. These findings may provide new approaches to understanding and treating body image-related issues and eating disorders. Having built the relationship between body dissatisfaction and eating disorders, specialists may focus on increasing self-esteem rather than emphasizing the evils of unhealthy eating habits. They may also begin looking at the motivational perspective introduced in the study and adapt treatment according to what motivates a woman to adopt weight control habits. Summary In summary, the results were interpreted to show that societal pressures and self-determination may be seen as competing factors that determine body dissatisfaction, with societal pressures as the cause for the endorsement of societal beliefs about obesity and thinness, while self-determination as the buffer against it. Both body dissatisfaction and self-determination have an effect on the kind of eating regulation a woman may adopt. This may result to either a healthy or dysfunctional eating habit among women. However, the authors offered an alternative explanation for the results. The explanation is actually a reverse of the second hypotheses. According to the authors, body dissatisfaction may have been the cause for women to endorse society’s belief, rather than the inverse, because such dissatisfaction may lead women to pay more attention socio-cultural pressures about body image.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Several other topics related to this area of research may be examined in the future. First, researchers can look at satisfaction or dissatisfaction caused by the body image formed relative to the body type of the person with whom a subject has constant contact with. Some people may feel less overweight when placed with obese people than when placed with thin people and vice versa. Second, researchers may delve into more deeply into other means women address body dissatisfaction such as exercise, and determine what factors cause women to choose a certain approach. This may also be related to general self-determination such that researchers may examine which between exercising or other means of addressing body dissatisfaction and dieting, or a combination of both, is used by women with different levels of self-determination. Lastly, the present study may also be replicated using different genders, attributes, and means of addressing body dissatisfaction. Very interesting results may arise from the study of gays and lesbians.

Design and Build Procurement Method

Design and Build Procurement Method If the potential readers of this dissertation within the Middle East region are going to get a better appreciation of the Design and Build procurement method, initially they must understand the advantages and/or disadvantages of this type of procurement method from both the Clients and Contractors perspective. 4.2 Arguments for Design Build Both Ndekugri and Turner (1994) argue that the Design and Build contract is often completed in a shorter duration because of the integration of the design and construction phases of a project. From a Clients perception this is one of the most important benefits this type of arrangement has to offer. Because the design/build Contractor is both designing and constructing the proposed facility, procurement and the construction phase can begin sooner than the more traditional design/bid/ and then build type of procurement arrangement. This time savings tends to results from the project being designed in phases which enables the Contractor to begin the construction works earlier. With the traditional design/bid/ construction arrangement, the Contractor does not normally start building until the Designer has completed the design and the project has been awarded. Both Saxon (2000) and the RICS Iconsult (no date) support this argument; both agree that one of the main benefits of this Design and Build arrangement is that it tends to reduce the design and construction time because they are being done concurrently and allows the Client to start earning revenue sooner than had he elected to use the traditional procurement method. According to Ndekugri and Turner (1994) another important benefit of the DB procurement method is the broad responsibility of the design/build Contractor. In traditional construction projects, problems often occur when the Designer blames the Contractor and vice versa for problems in the operation of the facility. On occasions in traditional construction projects, protracted litigation is necessary to resolve any dispute between the Designer and Contractor when they continue to blame each other for the problems. In design/build contracts, the Design and Build Contractor is responsible for both the design and construction of the project and retains the full responsibility for the outcome of the project, except for matters for which the Client retains responsibility. The Designer and Contractor are the same entity, so blaming each other does not excuse the Design and Build Contractor. The design/build Contractor is completely responsible for both construction and design defects. The Cl ient can recover directly from the design/build Contractor for deficiencies in either design or construction of the project. Therefore, the Client need not determine initially whether a defect was caused by an error in design or construction. In a more traditional construction contract, this issue must be determined so that the Client can establish whether the design professional or the Contractor is at fault. Haskell (no date) believes that another benefit of the Design and Build arrangement is that where the design and construction personnel work together and communicate and solve problems as a team, the Client will benefit from the continuity between Designer and Contractor. In a Design and Build project the same entity has the expertise to design the project as well as the expertise to build the project. Therefore they are unlikely to suffer communication problems, and because they are working as a team, they are better able to optimize the design and better able to evaluate alternative materials and construction methods efficiently. In addition to this, the RICS Iconsult (no date) believes that because the design team and the Contractor are working together as a team, the design is more likely to be buildable. Hughes (1992) argues that Design Build offers a high degree of cost certainty, encourages economical solutions, and enables value to be considered as well as price. The RICS Iconsult (no date) agrees with Hughes, and confirm that providing that the Client does not change their design brief, the Design and Build procurement method is more cost effective and provides more cost certainty than the traditional methods of procurement. Shapiro Hankinson Knutson Law Corporation (no date) also believes that another favourable feature of this arrangement, is that the design/build Contractor is liable for any additional cost that he may incur due to errors, omissions or ambiguities in his drawings and/or specification. In traditional contracts the Client warrants the sufficiency of the specification and drawings, and the Client becomes liable to the Contactor for any increased costs because of deficiencies in the drawings and specifications. In a design/build contract, the design/build Contractor is responsible for design as well as construction. The situation minimises claims for extra payment and the design/build Contractor cannot request extra compensation on account of their own mistakes or assumptions. In some instance, the design/build concept has been taken a step further, thus providing the Client with more options and/or advantages. For example, the design/build Contractor, might offer a turnkey procurement solution, this generally means that they will offer the Client a full package which includes the testing and commissioning of the facility, as well as the training of the Clients staff in the operation of the facility. The concept is that when the facility is finished and ready for handing over, all the Client has to do is turn the key. In some instances the design/build Contractor may also include in their proposal a financing deal for the project. Alternatively the design/build Contractor may offer a BOLT type arrangement i.e. they will build the project, then they will operate the facility for a given amount of time, in consideration for this, the Client will then leases the facility for the defined term and cost, then after the expiry of the term, the ownership of the fa cility is then transferred back to the Client. Schiff Hardin LLP (ii) (no date) argues that only with design/build contracts, is the Client able to obtain performance warranties because the Designer and Contractor are not in a position to blame each other because technically they are a single entity. For example it is common for the design/build Contractor to warrant that a proposed facility when completed will yield a predetermined output (e.g. process 2000 cans of coke per hour). This requirement can then be linked to the liquidated damages clause in the event that the output falls short of the predetermined output for the facility. According to the RICS Iconsult (no date), because the Design and Build Contractor has total responsibility, there will be less claims from the Contractor for the late delivery of information, particularly design information. In most design/build contracts, the contract price is fixed price/lump sums, this gives the Client some degree of price certainty. In summary, some of the proclaimed advantage of the design/build procurement include inter alia:- (i) Clients with limited access to technical consultants or their own in-house technical departments may find such contracts attractive. Similarly it is also perceived that because the design/build Contractor is responsible for design, and construction inclusive of quality, the Client will benefit from the reduced cost of third party inspectorates and contract administration, However you could argue that this is an disadvantage to the Client, because at the end of the day, Contractors and design consultants are profit driven and this situation could lead to a compromise in the quality of the project; (ii) Because the design and construction are integrated and the personnel are working together for a common goal. They are better able to optimise the Design and Build ability of a project. They are better able to evaluate alternative materials and methods of construction. Innovation and team work should result in cost savings. This could be construed to be a disadvantage to the Client, especially if all the innovation occurs during the design development stage, because it is generally only the DB Contractor that will get to see benefits for the cost savings at this stage of a project; (iii) The design/build Contractor is a single-point and both the Designer and builder are jointly and severally liable and/or responsible; (iv) In the event of a latent defect and/or litigation by the Client, the joint financial resources of a design/build Contractor will be greater than those of the individual Designer and builder; (v) Most design/build arrangements will tend to be lump sum in nature, meaning that they will usually offer greater certainty in respect of cost to the Client; (vi) Payment by fixed instalments at certain milestone stages, rather than by evaluation method, may be preferential to both Design/Builder and/or Client; (vii) In the event of a post-completion failure of the project, the Client will not be concerned to discover whether the failure is due to the design on the one hand or defective work or materials on the other; viii) From the design/ build Contractors perspective, due to the increase in risk that is inherent of a Design and Build contract, the reward will be greater i.e. more profit. However with more risk, comes more pain when things go wrong for a Design and Build Contractor; ix) From the perspective of a Design and Build Contractor, due to the specialised nature of a Design and Build arrangement, not all Contractors have the required skill set to undertake projects with the design responsibility. The consequence of this is less competition. However, from a Clients perspective this could be a disadvantage because of the likely hood of higher prices due to the reduction in competition; x) There is no need to wait until the design is 100% complete, therefore the Client will benefit from the speed at which the design gets translated into construction; xi) Theoretically there should be less of an involvement by the Clients consultants, therefore the fees from Consultants should be less. 4.3 Arguments against Design Build Clients should stop thinking that Design and Build arrangements need less input from third parties than the traditional method. Some Clients believe that because they have appointed a design/build Contractor who ultimately has a single point of responsibility, there is no need to appoint a third party inspectorate and/or cost advisor. This belief can compromise the quality of the project, as the Design and Build Contractor will attempt to complete the project as cheaply and quickly as possible. Schiff Hardin LLP (i) (no date) argues that because the Designer is no longer employed directly by the Client, the Client may find it more difficult to access information that would have ordinarily been available to them under a traditional project. The Client may feel that he has less control over the design phase and design intent because the relationship between Designer and Client is not the same had it been in a more traditional project. Similarly the Client in a traditional contract retains the services of the Designer during the construction phase to act as a watch dog for compliance with the drawings and specification. But in a Design and Build contract, the Designer no longer works for the Client and the Designer allegiance is with the DB Contractor Hanscomb (2004) confirms that one of the disadvantages of a Design and Build arrangement, is that disputes often occur when the Employer Requirements are not specific enough and left open to the interpretation of the parties. As a result the Client may perceive that he is getting X, but the design/build Contractors interpretation is Y. As a result the Client may not get what they envisaged. This may also lead to litigation if the parties cannot mutually resolve the difference in interpretation of the Employers Requirements. As confirmed before and by Schiff Hardin LLP (i) (no date), due to the specialised nature of the Design and Build arrangement, the Client may find it difficult to obtain competitive quotations. In addition, this form of procurement method quite often excludes smaller companies who do not necessary have the in-house technical ability to undertake a Design and Build. It is also common for design/build contracts to negotiated rather than be competitively bid because Clients tend to find it difficult to induce Contractors to produce preliminary designs unless they are compensated for their costs. All of these factors could be construed as a disadvantage to the Client because they may not get value for money. Appelbaum et al (2012) argues that the principal disadvantage of traditional Design and Build is that the owner loses control of the design process, since the design professionals primary legal and practical allegiance is to the design-builder rather than the owner. This can create severe conflicts of interest during both the design phase and construction administration. From a design/build Contractors perspective and especially in a competitive tender situation, they are at risk of spending a substantial amount of money on a preliminary design and/or concepts and there is no certainty if they will recover this cost. From a Client perspective they could be perceived as an advantage in a competitive bidding situation because they do not need to compensate the Contractors for their preliminary design costs. It is also commonly believed that it is almost impossible to make any genuine appraisal and/or comparison of the cost of a competitively bid Design and Build tender, especially where their designs differ significantly. Schiff Hardin LLP (no date) maintains that if a Client puts a Design and Build tender out to bid, this inevitably results in a competition to under-design a facilitate without any regard to quality, functionality, and maintainability. It could also be argued that where both the design/build Contractor and Clients lack experience in this type of delivery approach, this could have a huge detrimental impact on the delivery of the project and the expectations of the parties. In other words, if a naive Client and/or DB Contractor believes that the other party is responsible for any deliverable associated with the project, and later it transpires they are not, then an unexpected cost might arise that was not anticipated. Rowlinson (1988) also argues that from the Clients perspective, it is difficult to make a comparison of the various preliminary design proposals submitted by Design and Build Contractors. Each Design and Build Contractor will each develop a concept design that satisfies the Employers Requirements albeit using lots of different methods and/or techniques. According to the RICS (no date), from the perspective of a Design and Build Contractor, the extent of the design responsibility is generally fitness for purposes unless the contract states otherwise. This is more onerous than the normal duty of reasonable skill and care imposed on a design consultant when they are employed by the Client in the traditional role. Conversely, and in my opinion, from the perspective of the Client, this could be construed to be an advantage in the event of a design defect. During the course of this study, it has become evident that here in the Middle East, a Contractor and/or Designer is generally only registered with the concerned authorities to either undertake construction works or design works. It is rare for one entity to be registered to undertake both work classification i.e. designer and builder. Therefore for any organisation that wants to participate in the Design and Build field, they will have to form a consortium of Designer and Contractor; which can be a lengthy and complicated process for the parties, especially when they attempt to agree who has responsibility for each risk and which entity is best equipped to handle the risk. Unless the Client incorporates a mechanism in the contract that gives them the opportunity to have an input into the detailed design, the Clients input into the detailed design will be limited and this may result in the finished article not being as they previously envisaged, which then could then lead to disputes. Conversely, and again in my opinion, if the Client employs a Designer to carry out the detailed design and then by novation, the Client transfers the design liability to the Design and Build Contractor, this could result in higher costs for the Client. This could also have a detrimental effect on the ability of the Design and Build Contractor to optimise the design and construction of the project and to evaluate the merits of alternative materials and construction methods. Schiff Hardin LLP (i) (no date) also believes that from the perspective of the Client, the terms of a Design and Build contract generally favour the Design and Build Contractor. Therefore it is recommended that any Client thinking of using the design and built procurement methods should work closely with a lawyer experienced in construction law and in particular the Design and Build contracts. Conversely, and again in my opinion, the Design and Build contract will generally consider this to be an advantage because the terms of the contract are in their favour. Shapiro Hankinson Knutson Law Corporation (no date) argues that under a lump sum Design and Build arrangement, it can get confrontational on how to determine what money is due to the Design and Build Contractor. The main difficulty is the ability to assess the design/builders progress, particularly where there is no independent party that can arbitrate between the parties and make independent assessment. To overcome this problem it is suggested that milestones stone be incorporated into any contract together with a predetermined sum for payment when the respective milestone are achieved. Generally the Design and Build Contractor will prepare a document to accompany his tender known as the Contractors Proposals. This document sets out his methodology of how they intend to satisfy the performance specifications set out in the Employer Requirements. The Joint Tribunal Council in the UK (2008) warns Clients that in the event of conflict between the Employers Requirements and the Contractors Proposals, the latter are stated to prevail. They further advise Clients that when evaluating tenders, adequate time must be given to checking these proposals, particularly as the contract conditions refer to the Employer having satisfied himself that the Contractors Proposals are acceptable. Similarly the Client should allow adequate time for checking the proposals to ensure that they are getting what they envisaged. Conversely, this could be looked upon as an advantage to the Client, for the DB Contractor may have optizmed the Employers Requirements by introducing innovation and ben eficial alternatives and methods into the Contractors Proposals. An Unknown Author (no date) argues that another disadvantage of the Design and Build contract is that it is not flexible enough to accommodate change. Therefore Clients are advised, that they should avoid change. If is often found that when foreseen and/or unforeseen changes occur, the Clients budget cannot accommodate the additional costs and they are left with no alternative but to either reduce the scope of works and/or comprise on the quality of the project in order to reduce cost. This will inevitably lead to a product that is not what the Client envisaged at the start of the project. Schiff Hardin (ii) (no date) wrote that issues relating to insurance and bonding affect the relationship between the Design and Build parties. Errors and omissions by the Designer are generally excluded from the Contractors insurance policies, and errors and omissions by the Contractor is generally exclude from the insurance policies of the Designer. Surety bonds can also lead to similar problems, for example, performance bonds may not cover design services. Satisfactory bonding or insurance obligations are likely to be either commercially unobtainable or prohibitively expensive. In summary, some of the proclaimed disadvantage of the design/build procurement method include inter alia:- (i) In the traditional Design and Build situation, only if the Client employs third party inspectorates and/or cost advisors at his expense will he be able to safe guard his interests. By doing this, and in my opinion. this appears to be at odds with the concept of a Design and Build contract i.e. the Design and Build Contractor is a single entity that are jointly and severally responsible for both defects in design and workmanship. (ii) Because of the specialist nature of the Design and Build contract, there are only a limited number of Design and Build Contractor that are capable of undertaking work using this arrangement. This consequently results in less competition and ultimately less competition will result in higher prices (iii) From the Clients perspective, compared with the traditional design/bid and construct arrangement, the Client inevitably loses control of both the design and construction phase. Even if they were to engage independent advisors, they have limited influence over the whole process; all they can do is monitor for compliance with the Employers Requirements. (iv) It has been suggested that where it has been possible to compare both forms of delivery methods i.e. Design and Build verse design/bid and the construct; there was little evidence that the optimisation of design and the evaluation of alternative materials and methods of construction have yielded a cost saving for the Client. In my opinion all benefits that occur due to the innovative ideas generally occur post contract and the cost benefits remain with the Design and Build Contractor (v) Particular attention should be given to the drafting of design/build contracts and Employer Requirements because of it bespoke nature. The Client should seek legal advice particularly from a construction lawyer who are well versed in the field of Design and Build projects. This legal advice invariably increases the total cost of the project for the Client. (vi) Where Clients elect to competitively tender a Design and Build project, from the Contractors perspective, the cost of preparing preliminary designs and the tender are generally substantial because the Contractor will have to engage the services of a design professional. This cost will need to be recovered in all subsequent tenders if the Contractor is not successful. In some instances, some Design and Build Contractors will decline to bid and this will unavoidably result in a less competitive environment. vii) Where the Client has elected to appoint a Designer to undertake a relatively detailed design. After which the Client decides to novate both the Designer and their design to the Design and Build Contractor. From a Contractors perspective, this will limit their ability to optimise the design and construction as well as review alternative methods and materials. Conversely from the Clients perspective, he regains control over the design and construction phase of the project. viii) All Clients have a duty to conduct some investigation into the capabilities and experience of the Design and Build Contractor. Particular attention should be paid to the track record of the preferred Contractors. Design and Build Contractors who are relatively new to this form of delivery method can themselves become a problem because of their lack of experience. Wardani et al. (2006) concluded that resourcing is influential to the success of design/build projects where a higher knowledge and understanding of the design-build processes can reduce problems within the combined design and construction phases ix) The Client should where possible avoid changes once the concept design and tenders have been fully evaluated and the Design and Build Contractor has been appointed. If required, any decision for change should be made as quickly as possible. Xiao and Proverbs (2003) argue that variations during the construction stage are risk factors that are disruptive to the achievement of project goals. 4.4 Outcome As stated in 1.4, the objective of this chapter was to critically analyse the benefits of Design and Build procurement method. Having looked at various sources of literature from books, internet websites and journals regarding the Design and Build procurement method, the writer believes that this has been achieved. The next chapter of the report will attempt to ascertain the feelings and attitudes of the construction professionals in the Middle East region to the Design and Build procurement method and to gauge whether there is a future for this procurement method. Chapter 5: Design and Build Case Study 5.1 Introduction To gauge the knowledge, feelings and attitudes of the construction professionals in the Middle East to the Design and Build form of procurement. A survey has been conducted using a 5 page questionnaire (See Appendix xxxxx for a blank copy of the survey). A covering letter accompanied the questionnaire setting out the objective of the study. The response rate to this Questionnaire was a favourable 62%. As stated in 2.6 on this report, the data received from the respondents was collated and analysed using the descriptive statistic method. Bar charts and/or histograms accompanied with the corresponding narrative have been used to present some of the data gathered from the respondents. Questions 1 to 4 Inclusive Initially a series of participant background questions were asked of the respondents, particularly where they lived within the Middle East, and what discipline best described their role in the industry i.e. construction management, commercial. Furthermore, the respondents were asked how many years had they been in the industry, and which sector of the industry they preferred. Approximately 60% of the respondents had been in the industry for more than 20 years. 63% of the respondents favoured the sector of roads and bridges. The respondents all came from a variety of disciplines i.e. 32% from a construction management background, 23% from a commercial background and 14% from a consultants background. With reference to Fig 6 below, 56% respondents respondent came from the Sultanate of Oman, 24% from the United Arab emirates, 4% from Kuwait, 8% from Bahrain, 4% from Saudi Arabia, 4% from Qatar. The purpose of these questions was to ensure that the data provided by the respondents was re liable and could be construed to be representative of the industry in the Middle East region as set out in the objectives contained in 1.4 of this report. Questions 5 to 7 The next series of question was intended to gather data on the type and nature of the organisations that the respondents work for. Again, the purpose of these questions was to ensure and verify that the respondents all came from diverse background and /or disciplines and/or organisations. With reference to Fig 7 below, 25% of the respondents came from a consultants backgrounds and 63% came from a variety of contracting backgrounds, 4% came from developers and 8% came from other sectors within the construction industry. Questions 8 to 13 inclusive To test my preconception that the traditional form of construction procurement method is the most extensively used in the Middle East, and to test peoples attitudes to the various types of procurement methods. The respondents were asked a number of quantitative questions i.e. Q8 Which procurement method did their current project follow? Q9 Which procurement method had they used the most extensively? Q 10 Which procurement method did they prefer? Q 11 Which procurement method did they think is the most extensively used in the region? Q 12 Which one of the Design and Build procurement methods did they want to gain further experience? Q 13 Which procurement method was used the most extensively within the respondents organisation? The surprising result of the data collected for Q8, was that 21% of the respondents confirmed that their current project had followed the Design and Build procurement method. This result is not too dissimilar to Handscomb (2004) findings detailed on page 11 of this report i.e. the use of Design and Build had grown to more than 30% today. The result to question 8 is also in line with the Contracts in Use 2007 Survey undertaken by RICS for the United Kingdom i.e. 21.7% of contracts were procured using the DB procurement method just for the economical down turn. However, this response was contrary to the writers preconception of how extensive the Design and Build procurement method is currently being used in the region. The writer was not expecting the actual use of the Design and Build method of procurement to be so high. The writers preconception was more in line with the results gained from Q11 (see Figure 8 below) i.e. 92% of the respondents believed that the traditional method of procurement was the most extensively used in the region with only 4% of the respondents saying that the Design and Build method was the most extensively used. The factual 21% of projects currently following the Design and Build procurement method (Q8) and the perceived 4% use of the design and built (Q11) is completely at variance with each other, thus indicting that people are not as narrow minded as previously thought, and are more open minded than to the use of alternative procurement methods in the Middle East region, particularly Design and Build. With reference to Fig. 9 below, it was also surprising to see that 44% of the respondents favoured Design and Build method of procurement, and 40% favoured the traditional method of procurement (Q10). Again this response was not in line with the writers hypothesis that professionals in the region are not open to change and other forms of procurement methods other than the traditional construction procurement methods. In response to Q13, 83% of the respondents confirmed that the traditional method of procurement was the most extensively used procurement method by their organisation and 14% confirmed Design and Build. When compared to the answers given in Q10, it could be argued that it is the Employers in the region that are comfortable with the status quo and are not willing to consider change, the answers given by the respondents to Q10 would suggest that there is an appetite for change amongst the workers as they favoured the Design and Build procurement method. Questions 14 to 20 In order to gauge the attitudes of the respondents to the various procurement methods available, the respondents were asked which procurement method was most suited to a particular sector of the construction industry (See Results in Table 1 below). With reference to Table 1 above, the majority of the respondents favoured the Design and Build contract over the traditional form of procurement in all but one scenario. Again these results are at variance to the writers preconceived ideas of people attitudes to the Design and Build procurement method in the Middle East. These result indicate that construction professional in the Middle East are in fact open to the idea of new procurement methods and in particular the Design and Build. This is contrary to the hypothesis contained in 1.2 of the report. Question 21 88% of the respondents confirmed that they had gained some form of experience with the Design and Build procurement method, and only 12% had gained no experience at all (See Figure 10 below). This appears to reinforce the emerging idea that construction professionals in the Middle East would indeed be open to using different procurement methods in the region. Question 22 to 24 inclusive

Implications of a Disability

Implications of a Disability The differing consequences of an impairment or type of disability in relation to: Individual – At the point when a single person with dementia experiences that their balanced abilities are disintegrating, they as often as possible sense vulnerable and in essential of solace and consideration. The individuals abutting them including their gatekeeper, health awareness collaborator loved ones must to do whatever they can to help the individual to safeguard their rationale of singularity and sentiments of respect toward oneself. Family / Whanau – The family may comprehend weight that may attach them to disappointment to rest or consume boss to touchiness, loss of relations and social association with other relatives or companions, essential lead to social seclusion, and they might likewise have some looming for passionate and/or physical remorselessness and nonchalance to take after. They might additionally sense unsatisfied or terrible tempered that may prompt emotions of incomprehensibility and pain and can bring about feeling powerless of vitality Carers– Considerate for an individual with Alzheimers disease or a related dementia can be interesting and, at times, devastating. Obstruction is a usual and binding emotional reaction to many of the problems of being a caregiver. While some annoyance may be portion of everyday life as a caregiver, feeling life-threatening prevention can have serious significances for you or the person you care for. Frustration and stress may adversely influence your physical health or reason to be physically or verbally destructive near your loved one. If your caregiving condition is triggering you risky frustration or anger, you may want to sightsee some new methods for managing. The support workers may familiar the stress of functioning with someone who does not reminisce them, considers they are someone else, is incontinent, and hasinteresting behaviour such as aggression or sexually unsuitableperformance. When the support workers practicedlong or unrecognized pressure they can sense weary of emotional energy. Movement/ improvement of the signs and manifestations – It is critical to comprehend individuals with dementia have diverse side effects and distinctive rates at which their indications modified. This is not just on the grounds that there are distinctive sorts of dementia, additionally on the grounds that it upsets individuals in an unexpected way, owed to character and natural perspective. There is an endless course of action of variability in the development of dementia, and no certain reactions could be expected concerning what the prospect holds. An individuals capacities may change to some degree from everyday, or even inside that day. A tremendous disappointment could be seen in a couple of months in different cases this may happen over various years. This is on the grounds that individuals with dementia may have fewer assets in standby to withstand impacts like exhaustion, unease, or physical sick wellbeing – which normally they may have taken in their development. Some individuals with dementia remember a comparative character to their prior life, despite the fact that here and there a slight exaggerated the individual who was nonstop shorty-tempered, unyielding and hard to end up on with may proceed with so. The individual who was responsive and adoring may proceed with sweet. Be that as it may, some individuals can show an entire change and do things absolutely out of identity. Case in point, a peaceful, smooth spouse may get to be forceful and injurious. Dementia evidences embody issue with numerous parts of mental capacity, including: Linguistic, Retention, Insight, Expressive conduct or identity, and Reasoning abilities. Dementia normally first looks as dubiousness. Gentle cognitive debilitation is the period between standard absent mindedness because of elderly and the advancement of dementia. Individuals with MCI have slight troubles with sane and memory that dont limit with ordinary activities. They are incessant aware of the distraction. The occurrence of aging and dementing parents is growing and their families are unavoidablystrained into their organization and repair. This situation often makesdisturbance for families and particularly for persons who take on caring roles. There are also mainvariations in family subtleties; parent and child charactersinitiate to be redefined, moves in historical, cultural and family roles makepressure for and between family members, sometimes with in-depthconcerns for the family and the individual. Dementia evidences embody issue with numerous parts of mental capacity, including: Linguistic, Retention, Insight, Expressive conduct or identity, and Reasoning abilities. Dementia normally first looks as dubiousness. Gentle cognitive debilitation is the period between standard absent mindedness because of elderly and the advancement of dementia. Individuals with MCI have slight troubles with sane and memory that dont limit with ordinary activities. They are incessant aware of the distraction. If you are given that consideration for somebody with dementia, it is key to appreciation and recognize your inclinations of disappointment and shortcoming. Nonetheless, when you sense unsatisfied, it is additionally essential that you retain to express that inclination accurately and request help when its fundamental. You should likewise set aside watchfulness and set aside a few minutes for yourself. Seek after outer forethought to help you through the improvement. Regardless of the fact that you are not the guardian for somebody with dementia who do all the assignment, attempting to chat with them can in any case be an unsatisfying association. Patients with dementia appreciate what you say in the setting of their own reality. Attempting to impact them that their reality is inappropriate or not unmistakable can aggravate issues. Rather, it alleviations to stay cool and be significant to what they perceive to be truth. The Mental Capacity Act is law which raises the legal benefits of the animal with dementia to be tangled in results about their prosperity and upkeep. The Act additionally implies that when some individual no more has the same capacity to be tangled in making their decision for themselves, their carer will have the right to be gotten to about results being made for the benefit of the single person with dementia. In order to keep however much singularity as possible, an individual with Alzheimers dementia wishes to live in as familiar place as could be expected. This is not a period to present extreme variations into an individuals life; it is a period to hop and contemplate techniques to qualify them to keep their opportunity as far as might be feasible. A setting Everyday practices ought to be managed. Backing is a strategy for serving individuals, in association, to shows their sentiments and needs, so they might be caught. Making sure that individuals observe to what you have to say could be hard for various clarifications. These involve uneasiness: not flawed to damage anybodys methodologies: and, being questionable of your benefits. This is no assorted for individuals with dementia. What is changed is that sometimes it is normal that individuals with dementia cant structure picking or dont perceive what they require. Anyway, if specific time, immaculate proof and the opportunity to say what they need, numerous individuals can demonstrate their needs and utilize their part as a part of settling on taught choices. People with Cognitive Impairments The differing consequences of an impairment or type of disability in relation to: Individual – Persons with thinking debilitating may contribution an exhibit of behavioural challenges that could be irritating for parental figures. These may contain clash correspondence, sweat, vicious, absence of drive, maintenance issues, incontinence, poor announcement and meandering. Some individuals may advance behavioural issues at an opportune time, while others run their complete issue with just slight issues. Most cognitively impeded persons diminish some place in the mid, having good days and awful days. Expecting that there will be good and bad times, and keeping persistence, attention and a feeling of wit will support you handle all the more well with extreme conduct. Its fundamental to review that its the ailment, not the individual, creating the conduct. Family / Whanau – Persons with thinking debilitating may contribution an exhibit of behavioural challenges that could be irritating for parental figures. These may contain clash correspondence, sweat, vicious, absence of drive, maintenance issues, incontinence, poor announcement and meandering. Some individuals may advance behavioural issues at an opportune time, while others run their complete issue with just slight issues. Most cognitively impeded persons diminish some place in the mid, having good days and awful days. Expecting that there will be good and bad times, and keeping persistence, attention and a feeling of wit will support you handle all the more well with extreme conduct. Its fundamental to review that its the ailment, not the individual, creating the conduct. Carers – Whether you have supported into the piece of parental figure consistently or rapidly, you may sense courageously, ad libber and overcome by what is foreseen of you. These emotions, and different feelings dread, pity, nervousness, blame, dissatisfaction and significantly outrage are ordinary, and may determined and drive amid your time of giving mind. Regardless of the possibility that it may not seem likely, alongside tests will emerge the unforeseen endowments of consideration giving—empathy, graciousness, courage that can weave privation into hopefulness and helpful. Progression/ advancement of the signs and side effects – Reasoning debilitation happens when troubles with held practices take after. It can contain damage of cutting edge cognitive, amnesia, instruction inabilities, consideration challenges, decreased mind, and different reductions in normal purposes. Thinking debilitation may be available day during childbirth or can happen sometime or another in an ones life cycle. Some early reasons of cognitive weakness incorporate chromosome irregularities and genetic disorders, malnourishment, pre-birth medication contact, harming because of lead or other substantial metals. Cognitive hindrance that advances in young or adolescence can end from numerous circumstances. In thinking disability, different peculiarities of inadequacies can create dubiousness and uncertainty for families. Case in point, an unclear life desire makes it hard to arrange imminent life parts, to expect uses of consideration, or to make choices about the finest living arrangements for grown-ups need full backing in the occasions of everyday living. On the off chance that you nurture an individual with dementia, you search considerably a bigger number of potential outcomes for wellbeing issues than different parental figures. You are fundamentally at danger for parental figure pressure a state of mental and physical tiredness tackled by the physical, mental, passionate and/or money related hassles of on the off chance that continuous consideration, normally over a far reaching time of time. Manifestations incorporate strain focussed, stress, awful temper, gastrointestinal issues, despondency, issues resting and societal withdrawal. Parental figure weakness puts both you and your cherished one at danger. It is a standout amongst the most-refered to clarifications for parental figures captivating a friend or family member in a nursing home or other long haul mind office. A standout amongst the most real approaches to stop guardian weariness is by dealing with your physical wellbeing cravings, and additionally your mental and social wellbeing needs. Crucial to help is to arrange predictable time off from your forethought giving obligations. In the event that you dont have a neighbour, relative or companion close-by who can convey dependable week by week support, research break benefits in your group. Relief genuinely implies an unwinding a split far from the hassles of care giving. Break could be sorted out for changing spans of time—a couple of hours, overnight, a weekend, actually for a week or more. It might be conveyed in your home or in an office, for example, grown-up day consideration or a nursing home. In-home chaperons may be contracted by an org, independently employed or volunteers. Rest forethought might be settled confidentially for an expense, paid for by some long haul mind protection procedures, or once in a while gave by organization or reserved establishment. The benefits of individuals who have an incapacity are secured out in a scope of worldwide human rights apparatuses including United Nations Declarations on the Rights of Disabled Persons (1975), and Mentally Retarded Persons (1971), Principles for the Protection of Persons with Mental Illness and the Improvement of Mental Health Care (1991), and Standard Rules on the Equalization of Opportunities for Persons with Disabilities (1993), to which the Australian Commonwealth and national governments are member. Most recently, the United Nations made an expansive and principal widespread settlement to energize and shield the benefits and dignity of persons with inabilities. The United Nations Convention on the Rights of Persons with Disabilities was actualized by the General Assembly in December 2006 and was locked in by Australia on 30 March 2007. The Australian Government authorized the settlement on 17 July 2008 and on 30 July 2009 it telecaster that Australia will created an occasion to the Elective Procedure, which allows persons and swarms to supplication the United Nations Committee on the Rights of Persons with Disabilities, once all national courses of action have been broken. The assertion, which determined into vitality on 4 April 2008, has now been held by 139 and supported by 58 nations. Its Elective Practice has been endorsed by 36 nations. It will manage the cost of a handicap particular worldwide human benefit stool with the equivalent position as different understandings. A significant number of the moralities referenced in Australian and Victorian statutes float from these universal human rights obligations, despite the fact that the detail that Australias legal association is not regularly benefits established..The foremost Commonwealth Act allocating with the civil liberties of Australian people with disabilities is the Disability Discrimination Act 1992, (DDA), which aims to: Remove, as far as conceivable, judgmentin contradiction of persons on the ground of disability in the areas of: labour, lodging, schooling, right of entry to places delivery of belongings, services, surviving regulations the management of Commonwealth rules and platforms; guarantee, as far as possible, that persons with disabilities have the similarprivileges to fairness before the law as the rest of the public; and Encourageacknowledgment and approval within the public of the attitude that persons with disabilities have the equalimportant rights as the rest of the community. Keeping current well-being. At current there are no pharmacologic actionsoffered on the market to easeindications of Mild Reasoning Impairment, but innovative drugs are being verified in medical trials. Psychosocial involvements are being established and non-pharmacologic managements are also being established .Because memory impairment at this period can create anxiety, depression, or other passionate difficulties, therapy and proper medical management may also be needed and suitable. Preparation for the forthcoming. Although many individualsendure in this periodindeterminately and complete well on their personal without necessity of aid, some do advancement into Alzheimers disease or types of dementia. In whicheversituation, the person will profit from having a respectable care design in place. Arrangement for future healthcare is permanently a good place to jump. Finishing a healthcare substitution, a living will or power of attorney for healthcare and/or funds can help guarantee that a persons healthcare requests are met when a person becomes incapable to say wishes on their own. Legitimate and money related improvement could be fulfilled with the alleviation of a senior forethought lawyer who knows huge numbers of the allowable and budgetary matters interfaced with long haul senior mind, and can suggest the individual about his/her choices built on individual realities about the individuals present condition Although persons in this period are capable to care for them, forecasting to include family, or in the lack of family, long-time reliable friends, in future care, is constantly a moral idea especially when a person is facing cognitive problems. When planning or identifying ordinary expertise for such users it is significant to concentrate on the features of the possibleworkers, and to be fully conscious of the series of cognitive mixture, even amongst those without clinical dysfunction. This is seldomstated in human boundaryplan, where the cognitive variety of the human rivalry has not been the emphasis of a large body of study. It is also vital to reflect the effects of age on cognitive role. A significant phase of any rational mission, in respect to communicatingequipment for people with mild or moderate global cognitive impairment, is promptness. This is to say, whatever smooth of presentation a person can attain in any given condition, it will be complete worse if the dutynecessity be ended under outsideforced time limitations whether real or purelyindirect by the user. Thus the plan of any contact should, anyplaceimaginable, agreeto every period to be passed out at the user’s privatebound. This topic also advances the leadingdivision between older and younger people. A moderatelysuperiorpercentage of the extra time desirable by older people is due to age related failures in their sensory structures, mainly in audible range and visualisation rather than cognitive impairment per se. Legitimate and money related improvement could be fulfilled with the alleviation of a senior forethought lawyer who knows huge numbers of the allowable and budgetary matters interfaced with long haul senior mind, and can suggest the individual about his/her choices built on individual realities about the individuals present condition. REFERENCES: Bell, Virginia, Troxel, David. 1997. The Best Friends Approach to Alzheimer’s Care.  Health Professions Press, Baltimore MD. Capossela, Cappy, Warnock, Sheila. 1995. Share the Care. Fireside, New York, NY.   Davis, Helen, Jenson, Michael. 1998. Alzheimer’s: The Answers You Need. Elder  Books, Forest Knolls, CA. Fazio, Sam, Seman, Dorothy, Stansel, Jane. 1999. Rethinking Alzheimer’s Care. Health  Professions Press, Baltimore, MD. Feil, Naomi. 1993. The Validation Breakthrough, Simple Techniques for Communicating  with People with Alzheimers-Type Dementia. Health Professions Press, Baltimore, MD. Helen, Carly. 1998. Alzheimer’s Disease Activity Focused Care. Butterworth,  Heinemann, Boston, MA. Kovach, Christine. 1996. End-Stage Dementia Care: A Basic Guide. Taylor and Francis  Publishing Co., Washington DC. Kuhn, Daniel. 1999. Alzheimer’s Early Stages: First Steps in Caring and Treatment.  Hunter House, Inc., Alameda, CA. Robinson, Anne, Spenser, Beth, White, Laurie. 1996. Understanding Difficult Behaviors.  Eastern Michigan University, Ypsilanti, MI. Roche, Lyn. 1996. Coping with Caring. Elder Books, Forest Knolls, CA JOBANJIT SINGH

Music Censorship Essay example -- essays research papers fc

After killing you loudly with rhymes, beats, and rhythms, the music industry as a whole has gone through many trials and tribulations. Society has shifted in such a manner that allows and encourages freethinking and abstract arts and with those great things we face the problem of censorship. From an artist’s perspective it’s their â€Å"work,† but from another’s point of view that same piece of â€Å"work† can be garbage to another. Now in the 21st century we face an artistic crossroads. We are left with the question how far can an artist go? In addition, when we do go too far, do we censor? Censors are now disguised as retailers and distributors, special-interest groups, and less influential but passionate religious groups, and government authorities. Ultimately, when all is said, there remains one question and that question is does censorship conflict with the first amendment? The First Amendment states, â€Å"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.† (Beahm, 1993, p. 79) The court, in FCC v. Pacifica, said that although the First Amendment protects indecent speech, the commission could regulate the airwaves with only a few exceptions. In Pacifica, the court ruled in the FCC's favor, allowing it to curb utterances of the famous seven words that cannot be said on the air. The Pacifica case has remained substantially unchanged, despite a few lower court challenges and the Supreme Court's decision in Reno v. ACLU striking down an indecency standard for the Internet but not for on-air broadcasts. The current ban on indecent broadcasts applies strictly to those between 6 a.m. and 10 p.m., when children are most likely to be li stening to the radio or watching television. Many would say that buying a CD or an adult film is much different than having a medium that is easily accessible such as radio, but others would counter that censoring lyrics abridges freedom of speech and that if someone is offended by the music on a station, that they should change the station. The owner of a Florida record store was convicted of obscenity charges for selling a recording by the rap group 2 Live Crew that had been declared obscene by a Federal judge. â€Å"As Nasty ... ...can government wants Americans to be sparred from obscenities in movies, TV, CD’s, and milder obscenities on the censored radios, they should alter the wording of the 1st Amendment to allow for blocking of obscenities when the government deems necessary. As the 1st Amendment states now, â€Å"Congress shall make no law†¦ abridging the freedom of speech.† That means no law can be passed that abridges of the freedom of speech and freedom of speech entails that Americans can say as they please. Anything calling for someone not to be able to say as they please abridges the principle of the 1st Amendment. Bibliography Beahm, George. War of Words: The Censorship Debate. Kansas City: Andrews and McMeel, 1993. Carter, T. Barton. Mass Communication Law In a Nutshell. St. Paul, Minnesota: West Group, 2000. Creech, Kenneth. Electronic Media Law and Regulation. Boston: Focal Press 2000. Daily, Jay E. The Anatomy of Censorship. New York: Marcel Dekker, Inc., 1973. Menconi, Al. Today’s Music: A Window To Your Child’s Soul. Elgin, Illinois: David C. Cook Publishing Co. 1990 Perkins, Erin. Droppin’ Science: Critcial Essays on Rap Music and Hip Hop Culture. Philadelphia: Temple University Press. 1996

A Transient Citizen Essay -- American Citizenship Immigration Essays

A Transient Citizen "...1 hereby declare, on oath, that I absolutely and entirely renounce all allegiance and fidelity to any foreign prince or state of whom or which I have been a subject or citizen...." This is a clause from an oath I took on February 6, 2002—an ordinary day of no significance to most people, a climatic point in my life—it was the day I became a U.S. citizen. I did not attend the formal ceremony in the Los Angeles Convention Center, yet for me it did not matter; I was still just as excited, for this was the day I became a true American. There were many people from different cultures in the noisy office where I received my certificate, yet we were all filled with the same excitement—the potential of the American Dream and to be part of the greatest nation. It seemed that every time an employee came out they called someone else, as if I was not even there, and I started to worry. The fear of returning home without being a citizen of this nation started to cross my mind. Two hours passed and I was sitting in the same chair listening to the noise of the typewriters inside the offices. Then, as if time itself had stopped, it happened; they called me to the front window. It was as if I as walking to the doors of heaven. I recognized that it was not the end but rather a new beginning. It was the creation of a new person. The oath was simple; I had promised to support and defend the Constitution and laws of the United States of America against all enemies. I choked on the very words when I realized I had just taken an oath promising to bear arms even against the country of my birth. For so long I envisioned perfection as the day I would become a citizen of a country that I had learned to love. I realized ... ...goals aimed at success, having a stable job or owning a house, but it is now a long-term goal that seeks to find a stable point between two nations even if the nations themselves are not at peace. Now that I have gone through the process of applying for United States citizenship, I have taken the responsibility to choose between Mexico and The United States—between my roots and my future. I have taken an oath, not only before The Great American seal, but also and most importantly before God. I do not wish to question whether I regret becoming a citizen or not, for the only obstacle that is always holding us back is not being able to let go of the past. However, I cannot completely erase what I feel for Mexico, for I do not want to forget my heritage, mi cultura. I may be bound to the American flag and the U.S. Constitution, but I am still proud of being Mexican.

Flawed Criminal Justice System in the United States

The Criminal Justice System of the country is under scrutiny as many researchers believe the inadequacy of the system to punish law offenders. Ideally, the justice system is there to defend society from its own people who violate specific laws that govern social order and peace.But it has been criticized for much other reason. One of which is that the criminal justice system is integrally corrupt and flawed.One major flaw of the criminal justice system in the country is that it demands a category of financial capability, or else you can get out of jail. It is very easy to get out of your term in jail. If one can afford the bail, then less time in prison will be charged. The more money one has, the less time he or she has to stay in prison to avail of the crime he committed. Such is the case of many prominent and influential families in the country.But judging from statistics, many people convicted with crimes are more or less poor to afford the standardized bail in the justice courts . Judge who process the hearings are also a major factor in determining how much would one criminal pay to get out of jail, and if one person is lucky, the judge may sympathized with his/her situation in terms of his/her finances, and bail conditions are much less than the average. This is one of the major flaws in the criminal justice system, money matters.â€Å"You can get a person out of the ghetto, but you can not remove the ghetto out of him†. The aphorism mentions how much the environment one person lives affects his behaviour towards society and the people. Another problem criticized in the criminal justice system is the increasing recidivism rate of prisoners in the country. This explains former criminals not just going to jail once, but gets arrested for either the same crime or a new one.The question that remains is whether the criminals are punished enough for the crimes committed, becomes reality persists that criminals return to prison after some time. As cited i n Scott (2004) study, about 1500 men in the Chicago metropolitan alone returns to their communities each month.The ineffectiveness of the criminal justice system to rehabilitate the ex-convicts into leading a more productive and moral life is being questioned. There are about 44 percent of ex-prisoners rearrested after being released from prison and that says how much inadequate the penalties for law offenders in the country.There are many factors contributing to the rising number of criminals every year, majority of which due to the influence brought about by drugs and the selling and retailing of drugs.As mentioned by Henslin, there is the prevailing â€Å"medicalization of human problems† caused by several â€Å"mood elevators† such as alcohol, drugs, nicotine and marijuana. Using these drugs has serious effects on the user, and thus actions are affected primarily with each use. From the use of different drugs arise many other consequences that contribute to the ala rming rate of criminal acts in the country.Henslin suggested that in order to â€Å"rehabilitate† these offenders with such influence from drugs, the society must entail the conscious effort to restrict the influence of the drugs and evoke a sense of acceptance without any punishment or even treatment of punishment to criminals. In the sense, what he is implying is that society must not react with such incidents with harsh punishments, otherwise, offenders will not learn.But the rule of law applies to every individual and the state must protect each citizen for each account of violation, if the suggested action is more participatory and society-oriented, that is permitted given that punishment is also given to offenders.The system only dictates its role as the primary body which governs all action against criminal offenders, but there also arise the role of the communities and other people involve modifying the system and putting a human touch in the rehabilitation process of the offender.Yes, the suggestion is definitive of what the system needs in terms of more action from the society and how society shall respond, but the law must still be applied because it is the only way to govern peace and order in the society.As mentioned, many researchers have proposed a more socially-oriented way to improve the justice system in the country. Human intervention between rehabilitation groups must exist to support the need for self rehabilitation of offenders. In such suggestions, it also implies the society to immediately relieve all influences in the media, society and community of possible sources of influence such as alcohol commercial and advertisements.That will be very effective if the people in communities themselves adopt the role in which they will take part in rehabilitating these offenders. There must be support groups which aim to assist the offenders in a more righteous path. The criminal justice system must think of more innovative ways to relive t he system of increasing recidivism of offenders.Social policy also contributes to the problems in the criminal justice system. The justice system is concerned with major drug use, but as the readings entails, from a medical standpoint, all drugs are considered harmful when taken in excess. The society and the justice system must specify the definition of these terms in order to devise a more distinct approach in solving the problem with drugs.Another approach taken into consideration in remedy of the flawed criminal justice system is the â€Å"get-tough policy†. This is in contrast with the approach presented earlier that involves the society and the community in rehabilitating offenders. The get-tough policy entails a more rigorous and strict pursuit of offenders in the society. More harsh punishments that will evoke a sense of restriction to anybody who attempts to do harm.There is nothing wrong with the policy because there is the sense of responsibility given by the autho rity and the state in protecting the welfare of the people. But somehow, it questions that extent of this policy in terms of human rights.Or how harsh is the state going to be in punishing offenders? These questions are answered with the right attitude and concise definition of the policies that will be implemented under the rule of law.

Second Foundation 13. Lady

Arcadia felt triumphant. How life had changed since Pelleas Anthor had stuck his silly face up against her window – and all because she had the vision and courage to do what needed to be done. Here she was on Kalgan. She had been to the great Central Theater – the largest in the Galaxy – and seen in person some of the singing stars who were famous even in the distant Foundation. She had shopped all on her own along the Flowered Path, fashion center of the gayest world in Space. And she had made her own selections because Homir just didn't know anything about it at all. The saleswomen raised no objections at all to long, shiny dresses with those vertical sweeps that made her look so tall – and Foundation money went a long, long way. Homir had given her a ten-credit bill and when she changed it to Kalganian â€Å"Kalganids,† it made a terribly thick sheaf. She had even had her hair redone – sort of half-short in back, with two glistening curls over each temple. And it was treated so that it looked goldier than ever; it just shone. But this, this was best of all. To be sure, the Palace of Lord Stettin wasn't as grand and lavish as the theaters, or as mysterious and historical as the old palace of the Mule – of which, so far they had only glimpsed the lonely towers in their air flight across the planet – but, imagine, a real Lord. She was rapt in the glory of it. And not only that. She was actually face to face with his Mistress. Arcadia capitalized the word in her mind, because she knew the role such women had played in history; knew their glamour and power. In fact, she had often thought of being an all-powerful and glittering creature, herself, but somehow mistresses weren't in fashion at the Foundation just then and besides, her father probably wouldn't let her, if it came to that. Of course, the Lady Callia didn't quite come up to Arcadia's notion of the part. For one thing, she was rather plump, and didn't look at all wicked and dangerous. just sort of faded and near-sighted. Her voice was high, too, instead of throaty, and- Callia said, â€Å"Would you like more tea, child?† â€Å"I'll have another cup, thank you, your grace,† – or was it your highness? Arcadia continued with a connoisseur's condescension, â€Å"Those are lovely pearls you are wearing, my lady.† (On the whole, â€Å"my lady† seemed best.) â€Å"Oh? Do you think so?† Callia seemed vaguely pleased. She removed them and let them swing milkily to and fro. â€Å"Would you like them? You can have them, if you like.† â€Å"Oh, my-You really mean-† She found them in her hand, then, repelling them mournfully, she said, â€Å"Father wouldn't like it.† â€Å"He wouldn't like the pearls? But they're quite nice pearls.† â€Å"He wouldn't like my taking them, I mean. You're not supposed to take expensive presents from other people, he says.† â€Å"You aren't? But†¦ I mean, this was a present to me from Poo†¦ from the First Citizen. Was that wrong, do you suppose?† Arcadia reddened. â€Å"I didn't mean-â€Å" But Callia had tired of the subject. She let the pearls slide to the ground and said, â€Å"You were going to tell me about the Foundation. Please do so right now.† And Arcadia was suddenly at a loss. What does one say about a world dull to tears. To her, the Foundation was a suburban town, a comfortable house, the annoying necessities of education, the uninteresting eternities of a quiet life. She said, uncertainly, â€Å"It's just like you view in the book-films, I suppose.† â€Å"Oh, do you view book-films? They give me such a headache when I try. But do you know I always love video stories about your Traders – such big, savage men. It's always so exciting. Is your friend, Mr. Munn, one of them? He doesn't seem nearly savage enough. Most of the Traders had beards and big bass voices, and were so domineering with women – don't you think so?† Arcadia smiled, glassily. â€Å"That's just part of history, my lady. I mean, when the Foundation was Young, the Traders were the pioneers pushing back the frontiers and bringing civilization to the rest of the Galaxy. We learned all about that in school. But that time has passed. We don't have Traders any more; just corporations and things.† â€Å"Really? What a shame. Then what does Mr. Munn do? I mean, if he's not a Trader.† â€Å"Uncle Homir's a librarian.† Callia put a hand to her lips and tittered. â€Å"You mean he takes care of book-films. Oh, my! It seems like such a silly thing for a grown man to do.† â€Å"He's a very good librarian, my lady. It is an occupation that is very highly regarded at the Foundation.† She put down the little, iridescent teacup upon the milky-metaled table surface. Her hostess was all concern. â€Å"But my dear child. I'm sure I didn't mean to offend you. He must be a very intelligent man. I could see it in his eyes as soon as I looked at him. They were so†¦ so intelligent. And he must be brave, too, to want to see the Mule's palace.† â€Å"Brave?† Arcadia's internal awareness twitched. This was what she was waiting for. Intrigue! Intrigue! With great indifference, she asked, staring idly at her thumbtip: â€Å"Why must one be brave to wish to see the Mule's palace?† â€Å"Didn't you know?† Her eyes were round, and her voice sank. â€Å"There's a curse on it. When he died, the Mule directed that no one ever enter it until the Empire of the Galaxy is established. Nobody on Kalgan would dare even to enter the grounds.† Arcadia absorbed that. â€Å"But that's superstition-â€Å" â€Å"Don't say that,† Callia was distressed. â€Å"Poochie always says that. He says it's useful to say it isn't though, in order to maintain his hold over the people. But I notice he's never gone in himself. And neither did Thallos, who was First Citizen before Poochie.† A thought struck her and she was all curiosity again: â€Å"But why does Mr. Munn want to see the Palace?† And it was here that Arcadia's careful plan could be put into action. She knew well from the books she had read that a ruler's mistress was the real power behind the throne, that she was the very well-spring of influence. Therefore, if Uncle Homir failed with Lord Stettin – and she was sure he would – she must retrieve that failure with Lady Callia. To be sure, Lady Callia was something of a puzzle. She didn't seem at all bright. But, well, all history proved- She said, â€Å"There's a reason, my lady – but will you keep it in confidence?† â€Å"Cross my heart,† said Callia, making the appropriate gesture on the soft, billowing whiteness of her breast. Arcadia's thoughts kept a sentence ahead of her words. â€Å"Uncle Homir is a great authority on the Mule, you know. He's written books and books about it, and he thinks that all of Galactic history has been changed since the Mule conquered the Foundation.† â€Å"Oh, my.† â€Å"He thinks the Seldon Plan-â€Å" Callia clapped her hands. â€Å"I know about the Seldon Plan. The videos about the Traders were always all about the Seldon Plan. It was supposed to arrange to have the Foundation win all the time. Science had something to do with it, though I could never quite see how. I always get so restless when I have to listen to explanations. But you go right ahead, my dear. It's different when you explain. You make everything seem so clear.† Arcadia continued, â€Å"Well, don't you see then that when the Foundation was defeated by the Mule, the Seldon Plan didn't work and it hasn't worked since. So who will form the Second Empire?† â€Å"The Second Empire?† â€Å"Yes, one must be formed some day, but how? That's the problem, you see. And there's the Second Foundation.† â€Å"The Second Foundation?† She was quite completely lost. ‘Yes, they're the planners of history that are following in the footsteps of Seldon. They stopped the Mule because he was premature, but now, they may be supporting Kalgan.† â€Å"Why?† â€Å"Because Kalgan may now offer the best chance of being the nucleus for a new Empire.† Dimly, Lady Callia seemed to grasp that. â€Å"You mean Poochie is going to make a new Empire.† â€Å"We can't tell for sure. Uncle Homir thinks so, but hell have to see the Mule's records to find out.† â€Å"It's all very complicated,† said Lady Callia, doubtfully. Arcadia gave up. She had done her best. *** Lord Stettin was in a more-or-less savage humor. The session with the milksop from the Foundation had been quite unrewarding. It had been worse; it had been embarrassing. To be absolute ruler of twenty-seven worlds, master of the Galaxy's greatest military machine, owner of the universe's most vaulting ambition – and left to argue nonsense with an antiquarian. Damnation! He was to violate the customs of Kalgan, was he? To allow the Mule's palace to be ransacked so that a fool could write another book? The cause of science! The sacredness of knowledge! Great Galaxy! Were these catchwords to be thrown in his face in all seriousness? Besides – and his flesh prickled slightly – there was the matter of the curse. He didn't believe in it; no intelligent man could. But if he was going to defy it, it would have to be for a better reason than any the fool had advanced. â€Å"What do you want?† he snapped, and Lady Callia cringed visibly in the doorway. â€Å"Are you busy?† â€Å"Yes. I am busy.† â€Å"But there's nobody here, Poochie. Couldn't I even speak to you for a minute?† â€Å"Oh, Galaxy! What do you want? Now hurry.† Her words stumbled. â€Å"The little girl told me they were going into the Mule's palace. I thought we could go with her. It must be gorgeous inside.† â€Å"She told you that, did she? Well, she isn't and we aren't. Now go tend your own business. I've had about enough of you.† â€Å"But, Poochie, why not? Aren't you going to let them? The little girl said that you were going to make an Empire!† â€Å"I don't care what she said- What was that?† He strode to Callia, and caught her firmly above the elbow, so that his fingers sank deeply into the soft flesh, â€Å"What did she tell you?† â€Å"You're hurting me. I can't remember what she said, if you're going to look at me like that.† He released her, and she stood there for a moment, rubbing vainly at the red marks. She whimpered, â€Å"The little girl made me promise not to tell.† â€Å"That's too bad. Tell me! Now!† â€Å"Well, she said the Seldon Plan was changed and that there was another Foundation somewheres that was arranging to have you make an Empire. That's all. She said Mr. Munn was a very important scientist and that the Mule's palace would have proof of all that. That's every bit of what she said. Are you angry?† But Stettin did not answer. He left the room, hurriedly, with Callia's cowlike eyes staring mournfully after him. Two orders were sent out over the official seal of the First Citizen before the hour was up. One had the effect of sending five hundred ships of the line into space on what were officially to be termed as â€Å"war games.† The other had the effect of throwing a single man into confusion. Homir Munn ceased his preparations to leave when that second order reached him. It was, of course, official permission to enter the palace of the Mule. He read and reread it with anything but joy. But Arcadia was delighted. She knew what had happened. Or, at any rate, she thought she did.