Equity law in New South Wales Essay

The Legal system in Australia follows the laws that were placed by the British as they fused most of their cultures and traditions on the people when they colonized the aboriginals. Since in England the laws of equity were mostly used together with the common law, then it was certain that they would use the same equity rules in NSW. Enacting these laws on a new country and state was not easy as the people were opposed to the idea of following English law. They viewed this as an unfair practice as they were governing their land and every aspect of their lives and on top of it they were going to impose their judicial systems. With time, they were overpowered by the British but with time; they saw sense in the laws that were being passed. The laws of England were thus enacted to be used in the judicial systems across Australia and this included New South Wales. Equity was one of the laws that were used in England to supplement the common laws that governed the land. Equity is as much important in New South Wales as it still is in England because it has helped in shaping the judicial system. The first courts in New South Wales (NSW) were adaptive to the needs of the society and were more so military in character. There was no formal process of proceedings and the powers of the governor were restricted. As time elapsed, the Supreme Court came to being to solve criminal and civil cases just as the way the King’s Bench operated in England. The equity law was going to bring about order in a system that was not fair to some people and they were simply going to add positive laws that would ensure that NSW laws were stronger, more practicable and could give varied solutions to the various problems in place. Equity law in most Australian states was administered since early times by the Supreme Court. Most states followed the judicature system where the both the common and equitable lawsuits were heard in the same court. New South Wales started incorporating the equity law in to its legal system in 1972 where specialists’ practitioners who mastered the law oversaw the proceedings which are still followed till today. This has increased the popularity of the equity law which has enabled the development and enhancements of the common law doctrines. Equity law is made on the fundamental principle of enhancing equitable in legal issues . The study of the equity law principles as used in England has really helped in the restructuring law procedures and making them simpler for the law enforcers as well as the parties involved to understand. One of the areas that the equity law has improved on in NSW is the contract law. The contract law has its foundations on the English common law practices with a few modifications in specific areas. The contract laws as used in the state are also made upon the various bids that have been passed in the Australian parliament. Equity has helped in the formation of contract law and the procedures that need to be followed when a particular party breaches the contract. The laws formed are what are mostly used to govern trade transactions local, regional and international and employment contracts under the labour laws. In solving contact cases, the NSW courts, they usually look at how several cases were or are still handled in England courts such as in their court of appeals, Kings Bench, House of Lords UK and Courts of Common Pleas UK among other courts so that they can apply the same principles. Most of New South Wales acts had provisions to give relief against some contract obligations and sometimes to reform the contracts. That is why over the century there have been contractual reforms to give freedom to the contract theory that sometimes would dent interference in other forms of laws. Equity therefore has played a major part in unjust enrichment and restitution of the law. Property laws also follow equitable principles in New South Wales. This is taken from how in England there was a need for people were supposed to be returned to the original positions they were in before damage or loss of property took place. Equity therefore, offers practicable terms of solving lawsuit cases. For example, when a person takes someone’s property and they do not return it. The owner filing the case would like to have it back instead of just being compensated in monetary terms. This is in contract to the common law system which will only make sure that the plaintiff is paid in replace for the property. Therefore, equity is not achieved in this case. This is applicable in the way property laws have been developed in NSW where in 1987 the Residential tenancies Act was placed giving certain rights to the owners of land or property and their tenants. This was in the form of an agreement that made sure that the tenants were not charged high rents and landlords gained from the rent they received. An Act for combining certain laws relating to land title deeds and assignments was enacted in 1898 in NSW. The Real Property Act was an improvement of the 1898 laws that made legal provisions for the transfer of land and their titles. In 1919, the Conveyancing act was made to combine the property laws and enhance conveyancing and other acts that influenced it. In 1994, the Retail Leases Act was used to add onto the property laws so as to create formal laws that aided leasing of retail shops while stating the rights of the lessors and lessees. Equity was established in the corporations’ law and was used in England to govern and address the various problems that business entities faced. Some of the underlying principles that were used are seen in the way corporation cases are solved in the NSW; for instance, in the termination of business practices like partnerships and mergers and the amount of compensation that either party is supposed to receive. Nowadays, the equity law in New South Wales is enforced under the Law Reform (Law and Equity) Act of 1972. It is here that the rules of equity and also the law are listed and in case there are conflicts, just as before, the equity rules prevail. This act is continually amended by the State governor as need arises. The laws of England are therefore necessary in New South Wales because it is essentially an English state. The Supreme Court in NSW which is the highest level of court in the state handles both civil and criminal cases and follows the equity law. In mid 19th century, the colonialists in this case the British used a lot of the equity law in passing judgments and they even went further to pass the Colonial Legislature Act and the Justice Act which led to the establishment of the Equity law system. In NSW, the equity law is all about fairness. The equity principles are still being used in amending some of the constitutional laws that apply to the rest of the country and are also applicable to the state. The equity law system is important in NSW as it gives the judge the power to make valid decisions and pass sentences based on evidence as well as use morally agreed practices that will ensure that the plaintiff and defendant have been given an equal opportunity to defend themselves. One area that equity law is been use in is in the recovery of debts which are mainly faced by in national and also international trade transactions. Here, it states what actions are taken for people w ho breach contracts, the rights to own property as well as problems that face various business organizations like partnerships, corporations and trusts. From seeing how the equity law has helped in the administration of justice, we see that there is more to just learning the rules that are used in equity law but there is also a need to understand the history because the laws are developed as time, events and the context in which they are applied change. It is important to study the history of the law though found in a foreign country as it enables legal practitioners and law students to understand its formation and why equality is such a common area of discussion. Moreover, reading about the history as it is applicable in England enables NSW legal makers to know how similar cases can be solved in the state and even define new ways of solving legal issues thus strengthening the equity law. Conclusion Equity in New South Wales has changed in time and distance but this system of law has borrowed a lot from legal practices that are used in England. As the State becomes politically independent, it has developed its own laws that are used to decide over cases but they still take into consideration the common law practices and equity principles. These laws have enabled proper governance and the administration of justice as the equity laws have enabled individuals to defend their rights, own property, enter into proper formal transactions and continually amend the laws for the good off all New South Welsers. Equity law in NSW is therefore backed by a strong history and revolution that makes it practicable in law thus enhancing the perfection of modern equity. References Abel, R. L. & Lewis P. C Lawyers in Society: The Common Law World, Beard Books, 1988 p. 265 Comyns, J. , Hammond, A. & Day T. A Digest of the Laws of England, 5th Ed. Collins & Hannay, 1826 p. 405 Cope, M. & Queensland University of Technology. Equity: issues and trends: the importance and pervasiveness of equitable doctrines and principles in modern private, commercial, and public law. Federation Press, 1995 p. 156 Gilbert, G. & Great Britain Court of King’s Bench. Cases in Law and Equity: Argued, Debated and Adjudged in the King’s Bench and Chancery, in the Twelfth and Thirteenth Years of Queen Anne. Catherine Lintot, 1760 p. 27, 53 Great Britain Courts & Leach T. Modern reports; or, Select cases adjudged in the courts of King’s bench, Chancery, Common pleas, and Exchequer †¦ : 1663-1755, 5th Ed. G. G. J. and J. Robinson, 1796 Hale, M. & Gray C. M. The history of the common law of England, 3rd Ed. University of Chicago Press, 1971 Kercher B. Debt, seduction and other disasters: the birth of civil law in convict New South Wales Federation Press, 1996 Navado lawyers and solicitors: Strategic solutions, dynamic people. http://www. navado. com. au/Practice-Areas/Equity-Law-Trusts-Law/ Retrieved on April 6, 2009 Neal D. The Rule of Law in a Penal Colony: Law and Politics in Early New South Wales Cambridge University Press, 2002 p. 75

An analysis of Laurence Sterne’s The Life and Opinions of Tristram Shandy, Gentleman Essay

In this essay my aim is to demonstrate how the author parodies the different narrative techniques, how he uses the â€Å"time-shift† device, how he introduces the relationship between the narrator and the reader, how he addresses the reader and how he makes use of the â€Å"hobby-horses†. For an introduction I would like to mention some aspects of the novel and its reception. Sterne is best known for his novel The Life and Opinions of Tristram Shandy, Gentleman, for which he became famous not only in England, but throughout Europe as well. Sterne wrote Tristram Shandy between 1759 and 1767. It was published in nine volumes, the first two appearing in 1760, and seven others following over the next ten years. According to a literary webpage it was not always thought as a masterpiece by other writers such as Samuel Johnson who said in a critique from 1776 that â€Å"nothing odd will do long. Tristram Shandy did not last†; but in opposition to that European critics such as Voltaire and later Goethe praised the book, â€Å"clearly superior†. (www.sparknotes.com/lit/sterne). â€Å"The novel may have been for Sterne and his contemporaries an excitingly new form, but Sterne manages to bring home to the reader what a novel could not do as well as what it could†. (Ricks,15). According to Andrew Sanders this novel is: †¦Ã¢â‚¬  the one that is freest of insistent linearity, the one that makes the most daring bid to escape from the models established by the epic or by history. It glances back to the anecdotal learning of Burton’s The Anatomy of Melancholy, to the bawdy ebullience of Rabelais, and to the experimental games of Swift and the Scriblerians, but it is ultimately an unprecedented, and still unrivalled, experiment with form†. (Sanders, 317). In this novel, Sterne broadens the possibilities of the novel form, and yet †¦Ã¢â‚¬ unlike most novels, it is concerned explicitly with reminding us that there are things which you cannot expect a novel to do. The greatness of Sterne is that, with humour, and sensitivity, he insists all the time that novels cannot save us†. (Ricks, 13) To begin my analysis, first I would like to look at how Sterne parodies the different narrative techniques. According to Jeffrey Williams the novel demonstrates an extraordinary form in novelistic sense due to the fact that the narrative of Tristram’s autobiography and the history of the Shandy family are incomplete and intermitted. The arrangement of the plot is quite exceptional concerning the conventional plot forms because it is disorganised and has a non- linear schema. (Williams, 1032) An essayist, namely Viktor Shklovsky, gives the answer to that unique form that â€Å"†¦the disorder is intentional; the work possesses its own poetics†. (Shklovsky, 66) Following the previous statement from Jeffrey Williams, the narrated events are often interrupted by Tristram who calls for the importance of narration. He explains that Tristram Shandy is an embedded narration, which means that the interrupted parts and comments make a linear narrative. The main character is the narrator, Tristram Shandy, who tries to acquire the best he can when recounting the history of the Shandy family from 1695 till 1711. (Williams, 1033) As Shklovsky puts it, â€Å"Tristram Shandy is the most typical of novels because it so overtly inscribes its own narrative, its own act of narrating†. (Shklovsky, 66). To continue with this theme, the time of narrating is worth mentioning. In an essay by Jeffrey Williams, Genette Gà ¯Ã‚ ¿Ã‚ ½rard distinguishes four types of narration according to temporal position and places this novel into the simultaneous form, meaning narrative in the present contemporaneous with the action. (Williams, 1036) From this explanation it turns out that Tristram Shandy, as part of Tristram’s autobiography, is a narration in the past. The other basic device Sterne uses is the â€Å"time-shift† technique â€Å"which brakes whatever action may seem to be developing† (Shklovsky, 67) To illustrate what Shklovsky means by the â€Å"time-shift† device, he takes an example from the book. In the first volume, Sterne tells us about the interruption of a sexual act (in which Tristram was begot) by Mrs Shandy’s question. The anecdote is figured out as the following: â€Å"Tristram’s father sleeps with his wife only on the first Sunday of each month; the same evening he winds up the clock in order to get â€Å"out of the way at one time all family concernments, and be no more plagued and pestered with them the rest of the month†. As a conclusion, an irresistible association of ideas became established in his wife’s mind; as soon as she heard the clock being wound up, a totally different matter came to her mind, and the other way around. That is the reason for her question, â⠂¬Å"Pray, my dear, [†¦]have you not forgot to wind up the clock?† (Shklovsky, 67; also qtd by TS., 35) and the interruption of Tristram’s father’s activity.†. (Shklovsky, 67). He pointed out in his essay that this anecdote is presented into the book through different steps. The initial step is the comment about the irresponsibility of parents, then the mother’s question without a reason for its significance. The reader may think that the question interrupted what the father was saying but this is only Sterne’s trick which aims at our misconception: â€Å"- Did ever woman, since the creation of the world, interrupt a man with such a silly question?† (T.S.; 36 also qtd. by Shklovsky). This device determines the novel from the beginning. Shklovsky states that Sterne mentions the purpose only after the actions, which is his constant device. Following the â€Å"time-shift technique†, another device Shklovsky presents is the usage of sewing together the novel from different short stories. â€Å"Sterne seems to manipulate and expose the novel’s very structure: formal devices and structural relations made perceptible by violating their ordinary employment, which make up the very content of the novel. Sterne permitted actions to take place simultaneously, but he â€Å"parodied† the development of the subplot and the intrusion into it of new material.† The description of Tristram Shandy’s birth is the material developed in the first part, occupying many pages, almost none of which are devoted to the account of the birth itself. What is developed, in the main, is the hero’s conversation with Uncle Toby.† (Shklovsky, 68-69) ____† I wonder what’s all that noise, and running backwards and forwards for, above stairs, quoth my father, addressing himself, after an hour and a half’s silence, to my uncle Toby, ___ who you must know, was sitting on the opposite side of the fire, smoking his social pipe all the time, in mute contemplation of a new pair of black-push-breeches which he had got on;___ What can they be doing, brother?____ quoth my father, we can scarce hear ourselves talk. I think, replied my uncle Toby, taking his pipe from his mouth, and striking the head of it two or three times upon the nail of his left thumb, as he began his sentence,____ I think, says he: ____ But to enter rightly into my uncle Toby’s sentiments upon this matter, you must be made to enter a little into his character, the outlines of which I shall just give you, and then the dialogue between him and my father will go on as well again.† (TS., 87; also qtd. by Shklovsky, 69) As the former example demonstrates, the technique of intrusion is used by Sterne constantly, and it is obvious in his funny remembrance of Uncle Toby. â€Å"He not only recognizes the hyperbolic elaborations of his development, but plays with that development. This method is for Sterne the canon.† (Shklovsky, 70). The next topic relating to the novel is how the relationship of the narrator and the reader is presented. For this matter, I will use an Internet source, namely an essay by Aimed Ben-hellal. According to Aimed Ben-hellal, in the beginning of the novel Tristram Shandy declares that â€Å"Writing, when properly managed, (as you may be sure I think mine is) is but a different name for a conversation (†¦)† (T.S., 127, also qtd. by Ben-hellal). This statement will determine his writing all the way through the book. Tristram’s speech defines the continuous dialogue between narrator and reader. In the above example the reader is addressed in an informal and communicative way. Tristram tries to lure the reader from the beginning of the novel and tries to get as much of his attention as he can, which means that the reader is â€Å"brought on the stage to become the true character of the book† (Ben-hellal, 1). In the opening chapter of the book, Tristram addresses the reader as the following: â€Å"___ Believe me good folks, this is not so inconsiderable a thing as many of you may think it (†¦)† (T.S, 36, also qtd. by Ben-hellal). In this quotation, the narrator attempts to catch the attention of his reader to point out his understanding of the sad circumstances of his destiny. The hero’s life and his adventures are presented to the reader in order to get to know him. The narrator manages to establish the first contact. â€Å"The appellation â€Å"good folks† is usually indicative of the distance which initially separates the actor from his spectators. (Ben-hellal, 2). Three chapters later this distance lessens: â€Å"I know there are readers in the world, as well as many other good people in it, who are readers at all, __ who find themselves ill at ease, unless they are let into the whole secret from first to last, of every thing which concerns you†. ( T.S, 37, also qtd. by Ben-hellal, 2). Ben-hellal states that Tristram invites different kinds of people, occasional readers or literature addicts to try to deal with the unfolding of the narrative. â€Å"Tristram’s story begins ab Ovo (â€Å"from the egg†), in defiance of the Homeric epic tradition that begins stories in the middle of things and then allows the background to unfold along with the action. The alternative, seemingly, would be to begin with the beginning; Tristram takes the possibility to an almost ludicrous extreme by beginning from his conception rather than his birth†. (www.sparknotes.com/lit/sterne) Tristram tries to select the kind of readers that will best understand him due to the fact that †¦Ã¢â‚¬ a novel crucially depends on a reader†. (Ben-hellal, 2) The following quotation clearly illustrates that: â€Å"To such readers, however, as do not choose to go so far back into these things, I can give no better advice, than that they skip over the remaining part of this Chapter; for I declare before hand, ’tis wrote only for the curious and the inquisitive.† (T.S, 38; also qtd. by Ben-hellal,2) As Ben-hellal pointed out in chapter six, volume one, the narrator and a reader become much closer to one another. In the novel this intimacy referred to as â€Å"you†, â€Å"Sir†, or â€Å"my dear friend and companion†. The personal pronouns, â€Å"I†, and â€Å"you†, emphasize the informality of the conversation. â€Å"As you proceed further with me, the slight acquaintance which is now beginning betwixt us, will grow into familiarity; and that, unless one of us is in fault, will terminate in friendship.(†¦) then nothing which has touched me will be thought trifling in its nature, or tedious in its telling† (T.S, 41, also qtd. by Ben-hellal, 3). This chapter turns out to be the beginning of intimacy and sociability. The narrator’s main concern is to be friendly with the reader, and to sympathise with the unfortunate hero. (Ben-hellal, 3) â€Å"Tristram’s frequent addresses to the reader draw us into the novel. From Tristram’s perspective, we are asked to be open-minded, and to follow his lead in an experimental kind of literary adventure. The gap between Tristram -the- author and Sterne-the-author, however, invites us not only to participate with Tristram, but also to assess his character and his narrative.† (www.sparknotes.com/lit/sterne) A quotation quoted by Ben-hellal illustrates the number and frequency of apostrophes, which indicates that Tristram’s relationship with his readership become quite intimate. † Tristram addresses the reader approximately three hundred and fifty times during the course of the book as ‘My Lord’, ‘Jenny’, ‘Madam’, ‘your worship’, ‘Julia’, ‘your reverences’, ‘gentry’,(†¦). It is as though the reader has invaded the book and Tristam’s confidence in a single statement rest on determining the unknown readership†. (Ben-hellal,3) â€Å"This considered, we might safely infer that the concept of readership is significantly manipulated in Tristram Shandy†. Tristram’s behaviour differs according to changes in the identity of his imaginary reader. From chapter six on, the type of reader identities becomes wider and more varied. ( Ben-hellal, 3). The following passage will best illustrate how the narrator addresses the reader: â€Å"Your son! __ your dear son, ___ from whose sweet temper you have so much to expect. ___Your Billy, Sir! ___ would you, for the world, have called him Judas? ___ Would you, my dear Sir, he would say, laying his hand upon your breast, with the genteelest address (†¦) ___Would you, Sir, if a Jew of a godfather had proposed the name for your child, and offered you his purse along with it, would you have consented to such a desecration of him?† (TS, 78; also qtd. By Ben-hellal, 4). â€Å"Pleading in favour of his father’s theory about the influence of names on the destiny of new-born children, Tristram addresses the reader in the liveliest manner. Exclamation and question marks punctuate the whole passage to convey an impression of lively exchanges. As he tries to demonstrate the validity of Walter Shandy’s viewpoint, Tristram humorously implicates the reader and the reader’s son â€Å"Billy†. To make his point the narrator stages a tailor-made reader (and his son), for the space of a single representation and asks him if he would have accepted to christen his hypothetical son with the name of Judas† (Ben-hellal, 4). The most comical dialogues in the novel are when the imaginary female reader is addressed by Tristram. â€Å"___How could you, Madam, be so inattentive in reading the last chapter? I told you in it, That my mother was not a papist. ___ Papist! You told me no such thing, Sir. Madam, I beg leave to repeat it over again, That I told you as plain, at least, as words, by direct inference, could tell you such a thing. ___ Then, Sir, I must have miss’d a page.___ No Madam, __ you have not miss’d a word. Then I was asleep, Sir.__ My pride, Madam, cannot allow you that refuge.___ Then I declare, I know nothing about the matter.___ That, Madam, is the very fault I lay to your charge; and as a punishment for it, I do insist upon it, that you immediately turn back, that is, as soon as you get to the next full stop, and read the whole chapter over again† (TS, 82; also qtd. By Ben-hellal, 4). According to Ben-hellal, the female reader is introduced because the narrator wants to discipline her and the reason lies in the act of reading. Punctuation is again present, showing the concept of conversation. Reading through the quotation, Tristram resembles as an authoritarian narrator, who instructs the Madam what to do and how to do things. The narrator accuses her of not reading attentively. (Ben Hellal, 5) In Chapter twenty, Tristram says: â€Å"I wish the male-reader has not passed by many a one, as quaint and curious as this one, in which the female-reader has been detected. I wish it may have its effects; __ and that all good people, both male and female, from her example, may be thought to think as well as read.† (TS, 84) In the above quotation, the narrator tries to highlight the importance of thinking and reading. He points out the example of the Madam to others, in order to learn from it. The last topic I would like to touch upon is how the reader is associated with the idea of the â€Å"hobby-horse†. â€Å"There is nothing inherently sinister about these hobby-horses; most people have them, and Tristram confesses readily to having a few of his own†. (www.sparknotes.com/lit/sterne) In an article about the idea of the hobby-horse, the writer, namely Helen Ostovich, deals with the reader-relationship between the narrator and a female reader, Madam. Tristram usually treats Sir ___ his male reader ___with casual indifference, and showers his mighty or fashionable readers , whether secular or clerical __ your worships and your reverences __ with genial contempt. He lumps the male readers together with other good, unlearned folks in his conception of the collective reader as recalcitrant hobby-horse†. (Ostovich, 156) The female reader represents a special kind of hobby-horse to Tristram. Madam is in comparison with the Spanish horse, Rosinante. â€Å"She is, like Rosinante, ‘the HERO’s horse †¦ a horse of chaste deportment, which may have given grounds for a contrary opinion (†¦) __ And let me tell you, Madam, there is a great deal of very good chastity in the world, in behalf of which you could not say more of your life†. (TS, 47-48; also qtd. by Ostovich, 156) According to Ostovich, this quotation suggests that the horse’s physical appearance and the rider’s imagination are related. â€Å"Man and hobby-horse are, in Tristram’s opinion, are similar to body and soul: â€Å"long journeys and much friction† create electric charges between the two that redefine both, so that ultimately â€Å"a clear description of the nature of the one †¦ may form a pretty exact notion of the genius and character of the other†. (T.S, 99; also qtd. by Ostovich, 156) By getting on a horse and riding it well means a good experience. This happens in the case of the writer; if he writes with pleasure, the reader will bear him so the experience provides its own answers. (Ostovich, 156) To conclude my analysis of Tristram Shandy, one can say that this novel is not a conventional one due to its most noticeable characteristics; its time-scheme and its discursive style. Works Cited 1. Ostovich, Helen. â€Å"Reader as Hobby-Horse in Tristram Shandy.† In: New, Melvyn, ed. Tristram Shandy. (Contemporary Critical Essays). London: Macmillan Education Ltd, 1992. 2. Sanders, Andrew. The Short Oxford History of English Literature. Oxford: Oxford UP Second Ed., 1994. pp. 317-318. 3. Shklovsky, Viktor. â€Å"A Parodying Novel: Sterne’s Tristram Shandy.† In: O Teorii Prozy. Moscow, 1929. 4. Sterne, Laurence. The Life and Opinions of Tristram Shandy, Gentleman. London: Penguin Group., 1967. 5. Williams, Jeffrey. â€Å"Narrative of Narrative.† (Tristram Shandy). Modern Language Notes. 105(1990): pp. 1032 – 1045. 6. www.sparknotes.com/lit/sterne 7. www.univ-mlv.fr/bibliotheque/presses/travaux/travaux2/benhellal.htm

Ba Finance

7BSM1006 Managing Financial Value Drivers Coursework Semester A 2012 Assessment weighting 60% Bellingham plc Arthur Scroggs was a farmer. His family has owned and farmed 500 acres of prime land in the Vale of Aylesbury for four generations. In the mid 1980's small farms were finding the financial climate difficult with falling farm incomes and much talk of putting farm land to â€Å"alternative use†. By 1985 Arthur had already sold his dairy herd to focus on cereal production when a fortuitous meeting with Lucy Bellingham at a business conference led him to reconsider the future of the family farm.Bellingham is a designer of bespoke fitted kitchens who had a business plan but little capital. The plan was to manufacture top quality fitted kitchen furniture and establish design studios/showrooms in high income areas. Having recently sold his dairy herd, Arthur had enough capital to fund the new business and also a number of large barns and outbuildings suitable for manufacturing the kitchen units subject to refitting and planning consent being obtained. Lucy's business plan was so convincing that Arthur decided to get out of farming altogether (by leasing his arable land to a local co-operative) and focus on developing the new business.From this small beginning grew the now publicly quoted company of Bellingham plc. Initially, showrooms were established in Beaconsfield and then Kensington. Demand for their kitchens was brisk and â€Å"Bellingham Bespoke Kitchens† expanded rapidly but remained a partnership. The firms clients are mainly celebrities from the entertainment world and the cost of a Bellingham Bespoke Kitchen is now ? 40,000 – ? 150,000 or more. The firm was restructured as a limited company in 1990 and subsequently experienced rapid growth until 1999. In that year the then directors decided that the business had reached the limit of development in it's present form.Future development required large-scale expansion of production fa cilities in order to provide the range of materials, furniture, quality and prompt delivery required by their discerning clients. This in turn needed an injection of capital that the directors were unable to generate themselves. The conviction that there was much money to be made from â€Å"quality fitted kitchens† † had been vindicated. They investigated a number of possibilities deciding eventually to expand production facilities by purchasing a modern production unit on an industrial estate in Aylesbury.The expansion was funded by a stock market floatation and raising the necessary capital in the name of Bellingham plc. As the market grew and to keep abreast of new production technology, the directors agreed to reverse the maxim so dear to the heart of the founders, Arthur and Lucy; â€Å"neither a (long-term) borrower nor lender be. † They financed updating of equipment and premises by means of issuing debentures. It is now October 2012 and the present direct ors of Bellingham plc believe that the long-term success of the company lies in future international diversification and expansion.They consider that the most beneficial action they could take is to investigate the acquisition of a subsidiary in the USA. The newly-appointed finance director, Bill Moneypenny, agrees with this opinion but insists that the company must first appraise its own current position and if necessary, make changes to strengthen its existing financial situation before embarking on new plans. He is particularly concerned that the company should preserve adequate liquidity and finance its assets in a beneficial manner.He is also concerned that too much emphasis has been placed on â€Å"pandering to the whims of the rich and famous† and not enough on running an efficient business operation. Lucy and Arthur still retain 30% of Bellingham's equity and other long-standing directors own a further 20%; a change of control is unlikely to be welcome. During the las t two years, the company has updated it's design, production and showroom assets and, in what has been a difficult year, has been able to maintain sales and profit growth (see Bellingham's accounts in appendix 1).There has been a great deal of uncertainty about world economic growth and stock markets have been extremely volatile resulting low returns. However the firm’s ordinary shares have made good progress during the year. Ordinary share dividends have achieved substantial growth over the last two years although this rate of increase is not expected to continue. Ordinary dividends have grown at an average rate of 14% per annum over the past 10 years and this rate is a more realistic growth rate for future dividends. The present market prices for Bellingham's shares and debentures are: ?1 Ordinary shares? 7. 02 ex div ?0. 50p, 6% Pref shares? . 55 ex div 7% Debentures 2016? 100. 51 ex interest Any new venture would be expected to achieve a return on capital employed in line with that experienced recently by Bellingham plc. The finance director favours a payback period of 5 years. Bellingham would therefore need to agree a realistic acquisition price for such a new venture and its future cash flows in order to determine whether these criteria could be met. Although a number of investment projects are being considered, the main proposal currently being investigated offers an expansion into the US prime-property market which is forecast to grow faster than the UK market.Bellingham's finance director has already calculated the trends in the financial ratios of American Creations, an unquoted US company, from its unaudited annual accounts (see appendix 2) and has concluded that the proposal is now worthy of further investigation. American Creations is a family-owned venture requiring further capital to repair it's balance sheet after making losses on a property development in Nevada from which it has now withdrawn. Profits have suffered in the last two yea rs due to write-offs associated with this development.The existing owners feel that the firm’s future lies in establishing wider international links and the retirement of senior family members, leaving the younger members active in the management of the firm. They are therefore considering selling a controlling interest of 60% to a suitable company. The firm has been established for 23 years, and is well respected in business circles. The average age of its fixed tangible assets is 3 years. The directors have indicated that they may accept part payment in Bellingham shares subject to negotiation. The firm’s nominal share capital is $2. m, and the directors have indicated that they value the firm at five times the year 2010 net profit. They consider this to be the firm's â€Å"normal† level of profit excluding the â€Å"extraordinary† effects of the Nevada development. As the firm is at present family owned and run, there is no available price/earnings rat io. P/E ratios for the only two publicly-owned companies in the same business sector, Harvey Wilkinson Designs plc and Cucci Lifestyle plc, are currently 10 and 8 times respectively although both of these firms, unlike Bellingham, operate internationally. Wilkinson has grown at a similar rate to Bellingham.The dividend yields of these companies have been as follows: WilkinsonCucci Year to 31 December 2011 8. 1% 7. 25% 2010 7. 2% 6. 9% 2009 5. 3% 5. 95% American Creations has its own manufacturing facilities and operates throughout the USA and Caribbean with design offices in New York, Miami, Los Angeles and Colorado Springs. Their main business, which is thriving, involves complete home furnishing and interior design for wealthy clients. In addition, the firm has a real estate office in each location and is thus able to offer a complete property service.The value of properties handled by the real estate offices is typically $5m – $20m. Bellingham is interested not only in ext ending its operations internationally but particularly in the possibility of diversifying into the real estate business. Whilst well aware of the existence of a number of competitors, the directors feel that there is a ready market in the US for their established name in terms of design flair, service and products. After discussions with the directors of American Creations, Bill Moneypenny has produced the following forecast.Under average economic growth conditions, the American Creations operating forecasts (in $*1000) for the next five years are based on the following: Income:from Sales: $7500 in 2013, rising by 12% per annum for the foreseeable future. from real estate sales commissions: $2850 in 2013 increasing by 15% per annum for the foreseeable future. Manufacturing variable costs: Labour: $1250 in 2013, expected to increasing by 8% per annum. Materials: $3800 in 2013, expected to increasing by 5% per annum. Fixed costs excluding depreciation:Manufacturing O/H: $2065 in 2013, increasing by 5% per annum. General O/H: $1850 in 2013, increasing by 2% per annum. Depreciation:Factory, machinery & vehicles: $500 per year. Office/Design Studio fixtures: $200 per year. The beta of Bellingham plc is believed to be 1. 65 , the risk-free rate of return is 5. 5% and the return for the last year on the FT All-share index is 2%. UK corporation tax is currently 32% payable 9 months after the end of the accounting year in question (you may assume for the purpose of this case that accounting profit and taxable profit are identical. )Bellingham's directors estimate that the after-tax profits of American Creations could be allocated as follows: 70% as retained earnings and 30% as dividends. This has been the pattern under the under the present ownership. There would be no restriction on the transfer of the appropriate share of these dividends to the UK. The US corporation tax rate applicable is 20% payable in the year in which the profit arises. There is no double taxatio n of profits of US origin in the UK. (For the purpose of this case, ignore the possibility of any withholding taxes and the effects of foreign exchange risk. It is considered possible that, as the US economy develops further, even higher wages than those forecast may be demanded by the workforce. Required: Evaluate the American Creations proposal on behalf of Bellingham plc, supporting your arguments with relevant theory and calculations and indicating any non-financial matters you feel should be taken into consideration. Your report should consider the following areas: 1. An analysis of Bellingham's current position using relevant financial ratios. You should show the calculation of the ratios and provide interpretation of the results. . Calculation of Bellingham's cost of capital, using alternative methods and arriving at the most appropriate figure. 3. An investment appraisal of the American Creations proposal assuming the valuation suggested in the case, using a variety of metho ds and evaluation of the results. 4. A sensitivity analysis of the proposal and interpretation of the results. 5. Calculation and discussion of alternative valuations for acquiring the share in American Creations and how these would impact on the investment appraisal. 6.A discussion of the various available methods of financing the acquisition and consideration of which is the most appropriate. Your calculations and arguments should be supported by relevant theory, with evidence of wide reading around the subject. You should provide a complete bibliography with appropriate referencing in your report. Submission requirements: Your answer should take the form of a written report of approximately 2500 words excluding appendices and the reference list. Deviations from the word count exceeding plus or minus 10% will attract a penalty of 5%. The hand-in deadline for submission is 23. 0 on 25th November 2012. Submissions up to 24 hours late will attract a 10% penalty whilst those beyond 24 hours but less than 1 week late will be capped at 40%. Reports submitted more than one week late will attract a mark of zero. Submit one electronic copy via Studynet. This is an individual assignment and the report submitted should be entirely your own work. Appendix 1:Bellingham plc| | | | | | | Abridged Trading, Profit & Loss Account for the year ended 30th June 2012:| All amounts are in thousands of pounds sterling| | | | | | | | | | | | | | | | | | | 2012| | 2011| | 2010| |Sales| 9606| | 7564| | 6100| | Production Cost| 4034| | 3101| | 2240| | Gross Profit| 5572| | 4463| | 3860| | | | | | | | | Selling Expenses| 1467| | 1250| | 1080| | Installation Expenses| 1689| | 1300| | 980| | Administration Expenses| 960| | 630| | 597| | Operating Profit| 1456| | 1283| | 1203| | Debenture Interest| 53| | 53| | 53| | Profit Before Tax| 1403| | 1230| | 1150| | Corporation Tax| 449| | 394| | 368| | Profit After Tax| 954| | 836| | 782| | Dividends| 341| | 280| | 220| | Retained earnings| 613| | 556| | 562| | Balance Sheet at 30th June 2012:| | | | | | | | | | | | |Fixed Assets (net):| | | | | | | Land & Buildings| 2300| | 2400| | 2500| | Plant & Machinery| 1700| | 1186| | 552| | Fixtures & Fittings| 700| | 600| | 402| | Motor Vehicles| 185| | 140| | 105| | Office equiptment| 250| | 185| | 100| | | 5135| | 4511| | 3659| | Current Assets:| | | | | | | Stocks: Raw Materials| 216| | 208| | 182| | Work in Progress| 200| | 205| | 190| | Finished Goods| 150| | 128| | 97| | Debtors| 1775| | 950| | 595| | Bank/Cash| 230| | 136| | 104| | | 2571| | 1627| | 1168| | Current Liabilities:| | | | | | | Trade Creditors| 1190| | 788| | 270| |Corporation Tax| 449| | 394| | 368| | Final Dividend| 171| | 140| | 110| | | 1810| | 1322| | 748| | | | | | | | | Net Current Assets| 761| | 305| | 420| | Net Assets| 5896| | 4816| | 4079| | | | | | | | | Long-term Liabilities:| | | | | | | 9% Debentures 2016| 750| | 750| | 750| | | | | | | | | | 5146| | 4066| | 3329| | | | | | | | | Shares & reserves | | | | | | | ?1 ordinary shares| 1000| | 1000| | 1000| | 6% Preference shares of 50p ea,| 500| | 500| | 500| | Retained pr for yr| 613| | 556| | 562| | Profit & loss| 3033| | 2010| | 1267| | Shareholders funds| 5146| | 4066| | 3329| |

Exploring Your Intellectual Property Policies Essay

Exploring Your Intellectual Property Policies - Essay Example It is, thus, in this age of office automation and the electronic exchange of information, that company policies are geared, among other things, towards abidance by copyright laws, intellectual property rights and data ownership and privacy laws. Copyright and intellectual property laws are, whether on the global or the national levels, uncompromisingly strict. As may be inferred from Canis' (2003) discussion, this body of law identifies intellectual property, inclusive amongst which are non tangible objects such as product designs, as goods which are owned by their inventor(s)/designer. As with all goods, they are protected against theft and subsequent unlicensed exploitation. Software proprietary laws directly stem from copyright and intellectual property laws. As Moniot (2003) explains, the intent of this body of law is the protection of software against unauthorized use, on the one hand, and the establishment of regulations prohibiting software piracy, implying unlicensed use and copying for the purpose of distribution, on the other. It is, in other words, a body of law which determines the protection of the software owner's right to the commercial exploitation of his/her property. Consequent to the proliferation of information through electronic media of communication, both copyright and software licensing laws are constantly violated. The software industry has been, since the mid 1990s to the present, confronting billions of dollars worth of lost sales as a direct outcome of software piracy (Paradise, 1999; Wheelan, 2003). The Internet has not only facilitated access to pirated working copies of protected, copyrighted and licensed software but, has given people the world over the opportunity to download software which could have otherwise cost hundreds possibly thousands, of dollars, the chance to access and install at the touch of a button (Paradise, 1999; Wheelan, 2003). In acknowledgement of the economic/financial consequences of the aforementioned to the industry, stringent software copyright and anti-piracy laws have been implemented on both national and international levels, in an effort to offset and stem this development. Most companies, including the one at which I am employed, have very clear guidelines and policies regarding software piracy and copyright laws. In reference to my place of employment, company policies strictly prohibit employees from downloading peer to peer programs on company computers, or using the corporation's internet connection to download such programs and subsequently use them for the violation of copyright and anti-software piracy laws. Employees who are caught violating this prohibition may face disciplinary action ranging from a warning to dismissal. Both the company's IT and legal departments' directors explained that the above stated corporate policy is not simply an expression of compliance with existent national and international laws but, more so, was instituted for the protection of the company itself. As I had been informed, six years ago, prior to the implementation of the said policy, a significant percentage of employees had peer to peer programs installed on their company computers and, even as they were working, had these programs running in the background, downloading an entire range of copyrighted material, from programs to movies. The cost to the company was extremely high because many of the downloaded files were

How the Rate of the Reaction Is Affected by Activation Energy, Assignment - 1

How the Rate of the Reaction Is Affected by Activation Energy, Temperature, Frequency of Collisions and Orientation of Collisions - Assignment Example It is evidently clear from the discussion that since Activation Energy (Ea) refers to the amount of energy that must be overcome for a chemical reaction to proceed, it varies inversely with the ‘rate of the reaction’ so, at higher Ea, the reaction proceeds slowly whereas, at lower Ea, the reaction goes fast. Temperature is typically associated to the kinetic energy (KE) of the system and their direct proportionality to the collisions of molecules per unit time indicates that higher temperature bears corresponding increase in reaction rate while lower temperature favors a decrease in reaction rate. Â  Generally, more frequent collisions yield higher effective collisions per unit time which would increase the rate of chemical reaction whereas less frequent collisions decrease the rate of such reaction. With proper orientation of molecules during collisions, a higher reaction rate is favored while through improper or lack of orientation among colliding molecules, a lower r eaction rate can be expected. According to the graph, the minimum energy for a reaction is readily achieved with a greater number of collisions at T2 through the same requirement is met at T1 with fewer collisions. Thus, since the rate of chemical reaction is determined by the number of collisions that temperature facilitates, reaction rate depends on control upon temperature. A certain reaction has an activation energy of 54.0 kJ/mol. As the temperature is increased from 22Â °C to a higher temperature the rate constant increases by a factor of seven. Calculate the higher temperature. Catalyst -- a substance that speeds up a chemical reaction or increases the rate of such reaction by means of lowering the activation energy, yet is neither consumed nor is produced in the reaction process.

Human Motivation in Organization Essay Example | Topics and Well Written Essays - 1750 words

Human Motivation in Organization - Essay Example On the contrary, an energized person toward a conclusion is regarded as motivated. Most people working with others are concerned with motivation and thereby raising the question of the amount of motivation one has for a task arises. Practitioners foster more motivation in those close to them. The forces, which drive motivation, can occur in different nature: biological, emotional, cognitive, or social2. Individual conduct is at the heart of a person’s motivation and it is so vital in understanding and influencing motivation. Individual behavior is important in comprehending and influencing motivation for a number of reasons. Each person possesses a set of requirements as well as a diverse set of objectives. Individuals conduct themselves in a manner aimed at satisfying their needs and fulfilling their goals. Thus, people behave differently. Businesses, such as firms can provide some of the contentment sought by individuals. For example relationships, personal development, sens e of belonging, and intellectual encouragement among others. Motivation is important for businesses and the best ones have the best-motivated employees. Some characteristics define well-motivated workers: increased productivity, quality work without much wastage, prompt urgency, availability of feedback and suggestions necessary for improvements, and more feedback demands from the management. Motivated employees produce more for a particular resources level than poorly motivated employees do. Such employees make things happen, when they need to and take ownership of their duties. In this regard, my position is that individuals are not simply motivated by money offered to perform given tasks for a firm, but other things can explain why people do things the way they do. Motivational theory can explain why people do things the way they do. Discussion Behavior is directed to and originates from unsatisfied needs. According to Maslow, unsatisfied is the most significant word, he states, â€Å"If we are interested in what actually motivates us and not what has or will, or might motivate us, then a satisfied need is not a motivator.† When behavior is termed goal-oriented, it implies that people feel a need, want, or drive to accomplish something, which results in realization of a goal. However, the question arises if the goal is a part of the self already in existence. It thus questionable if the factor stimulates the need or if the goals as well as the needs are the same thing. A goal is the outcome that one strives to achieve in order to satisfy particular needs. It is the resulting yield, the need, the steering force, which encourages obtaining the result3. A good exemplar is a student aiming to attain an A marks. This goal may display different needs and thus, the student should confirm his or her competence; colleagues may be all scoring A’s thereby forcing this student to wish the same to obtain their esteem, to attain the best, and may be to obta in a scholarship. Therefore, it is hard to deduce goals from needs. Money is sometimes described as a motivator. It represents dissimilar things to diverse people thereby saying that people work for money is worthless. All we should understand is the needs the money is fulfilling, be it survival, success, status, belonging, or a convenient performance scorecard. As noted earlier, conduct is directed to as well as results from unsatisfied

Work Plan for a Formal Business Report Assignment

Work Plan for a Formal Business Report - Assignment Example The report will compare the types of wiki used by the two companies in order to determine a suitable type of wiki for Home Bank. The report will also include subtopics such as: benefits and costs, risks, training needs, and recommendation. Benefit and Costs will be an important part of the report because it will inform the supervisor about the feasibility of the wiki, so that it can be rejected if it has more costs than benefits and accepted if it has more benefits than costs (Brown, 2006). This report will not include wider elements of a wiki that do not apply to the bank. The business investigation report will be conducted in a sequence of steps. This will involve the use of mainly secondary sources of data. First, the investigating team will collect data from the relevant secondary sources and record them for analysis. The team will then analyse the data objectively. The analysed data will then be discussed and appropriate recommendations are provided based on the

Literacy Information Influences Leadership Essay

Literacy Information Influences Leadership - Essay Example Do students ever check the accuracy of information they gather from dictionary.com, or about.com etc? Students simply search websites for information, with no sincere or serious thoughts about its accuracy, usefulness and applicability in their life. Information literacy is not just searching for information and finding them from easier sources, but applying them for professional or educational purposes. Information literacy greatly influences peoples’ scholarship, practice and leadership in any profession. A scholar is one who has knowledge and ability to apply it for a specific purpose. It’s widely believed that websites and e-libraries provide more convenient ways to researchers to access wide range of information, but they are very less likely to be information literate. This is a reason why information becomes obsolete very sooner in today’s; contexts. Information literacy is to be promoted at various educational levels in order to make learners and others i nformation competent. As Turusheva (2009, p. 127) pointed out, information competence occurs when a person is skillful in determining the size of necessary information, using information effectively, evaluating the information and its sources critically, developing own knowledge base, using the information for goal’s achievements and using the information ethically. These criteria aren’t generally found in today’s university learners and researchers and therefore they are less likely to be information literate. As and when they are not information literate, their processional leadership and educational scholarship can never be positively influenced. Turusheva’s (2009, p. 127) study concluded... This essay stresses that information literacy is to be promoted at various educational levels in order to make learners and others information competent. As Turusheva pointed out, information competence occurs when a person is skillful in determining the size of necessary information, using information effectively, evaluating the information and its sources critically, developing own knowledge base, using the information for goal’s achievements and using the information ethically. These criteria aren’t generally found in today’s university learners and researchers and therefore they are less likely to be information literate. As and when they are not information literate, their processional leadership and educational scholarship can never be positively influenced. Information, knowledge and intellectual capital are most valuable and powerful assets. These make people scholars or leaders to be fit for certain workplaces. In order to achieve this goal, information literacy needs to be effectively promoted at educational levels. There are many different suggestions on how to increase the efficiencies of today’s information literacy. This paper makes a conclusion that finding information has never been easier than today, but information never has become obsolete as quickly as it happens today. Universities and other educators require information literacy today more than ever before. This piece of research paper attempted to explain information literacy and how it influences scholarship in education and leadership in professions.

Identification Essay on American History Example | Topics and Well Written Essays - 1250 words

Identification on American History - Essay Example It is fascinating to note that the colonist did not see their efforts as leading to their independence. Their drive was the belief that they were fighting for their natural rights. They believed too that they were resisting the corrupt and misguided government representatives and officials. They redoubled their efforts and activism with every new assertion of British authority, which raised the stake higher and higher. King George III condemnation of the rebellion and protests as unlawful and the rejection of the colonist’s appeals sharply dashed their faith. American nationalist and patriots eventually lost their faith in reason and righteousness of the monarchy and out rightly rejected it and went ahead to gain their independence. This beginning of a new society and authority replaced the old. Discussion The American Revolution was a political cataclysm in which thirteen North American colonies came together to oppose the British patriarchal rule during the last part of the 18ht century. This upheaval led to their break-free from the British Empire and saw the establishment of the United States of America. It began by the outright rejection of the Britain Parliament that governed them without representation from overseas. The British Patriarchalauthority suffered an even bigger upset when all its royal officials were expelled. Each of the thirteen colonies had effectively established Provincial Congress that would govern them by 1774. Although they were still under the British Patriarchy, the British sent combat troops to impose direct authority. The thirteen states ultimately determined that, through acts of totalitarianism, the British could no longer claim their allegiance legitimately1. They thus broke ties with the British Monarchy in July 1776 when the Congress issued the U.S Declaration of independence, rejecting in all totality the British Empire on behalf of a separate, sovereign new nation. The American Revolution was prompted by a series of political, social, and intellectual transformations in the American government and society. This is what was referred to as the American Enlightenment. It was the period between mid and late 18th century that saw Americans undergo intellectual transformations and thriving. Americans at this time, rejected the aristocratic developments in Europe, and instead, championed for republicanism development based on Enlightenment of liberalism. Ethnicity and racism were among the ideals that the Americans rejected during this period. The racism concept viewed from different perspectives. The idea of â€Å"the Great Chain of Being† which suggested that all creation was a kind of hierarchy within which there were different groups of human2. At the time, most Americans were Protestants who vastly believed in the creation theory which asserted that all humans were descendants of Eve and Adam. They therefore, did not agree with racism and instead tried to use other parts of the Bible to ex plain the various differences in racial appearances. This greatly opposed the idea of Great chain of being. Other significant results of the revolution included the formation of a legitimate government that was democratically elected and was responsible of the peoples will. The level of democracy appropriate in the new government prompted fierce debates with most of the

Wellshire NHS Trust Case Study Example | Topics and Well Written Essays - 1250 words

Wellshire NHS Trust - Case Study Example According to the paper, HR policies identified in the case study are centred towards nursing staff and their workplace environment. The fact finding report determined various problems that exists within two large hospitals operated by NHS Trust. There are four issues identified in the case study such as sickness absence, performance appraisal, employee relations, and learning and development. In recent years there has been increase in percentage of sickness absence. The major reason behind such problem can be lack of employee motivation. Staff members are not motivated enough to accomplish tasks or be regular in workplace practices. Stress related conditions have been so prominent in the organization that it initiated short term absence. In such scenario line managers should communicate effectively with team members. However data collected by line managers were not utilized further in order to resolve issues. It can be stated that initiatives were not undertaken by line managers and this created more problems in terms of increased degree of sickness absence. Inappropriate performance appraisal system can be denoted as another issue identified in the organization. Performance appraisal programs were undertaken by managers to address certain competencies such as communication, service improvement, people development, quality, health and safety, diversity and equality. Appraisal meetings were often not held in scheduled time period. There was no record maintained regarding employee performance and this issue gained more prominence in context of workplace shifts. The main reason behind this problem was lack of technology based applications. Hence it became difficult to track employee performance and implement productive strategies.  

What is justice what aspects of our society make it a just society Essay

What is justice what aspects of our society make it a just society what aspect make it unjust - Essay Example Majority of values are described as just after the unequal aspects are eliminated to deliver equality. However, the result is better attained using moral values to differentiate a just society from an unjust setting. Justice in society has been determined from the political system or key decision makers that implement governance policies. Sen (2009) suggest that these policies should be placed to balance the resources among all individuals. An unjust system would favour the dominant group in society with the influence to favour poor decisions. The resources in the just society eliminate vices and adverse conditions like poverty. This is because the policies implemented would create equal opportunities to sustain development (Sen, 2009). Injustice prevails when there is intense prevalence of poverty and tyrannical decision making from the leaders. Slave morality as suggested by Nietzsche exemplifies justice within the society. This is because the theory had been placed to support the weak in society in protest against the unjust dictatorial wealthy class. The oppressed should be accorded equal opportunity to express their desires and opinions within a just system to generate equality in the society. The just society has been termed as the system that favours the prevalence of ideas and opinions of all the members in the society. Each member is regarded highly and their requirements provided by their government system. Moreover, the moral values in equality and fairness prevail in a just

The First Great Awakening Essay Example for Free

The First Great Awakening Essay The first great awakening is best be described by historians as a religious revival that swept through the American colonies. This happened between 1730 and 1745. This revival was a part of the wider movement that was taking place in other regions of the world such as in European regions of Scotland Germany and England. A new age of faith was coming up quickly countering the enlightment age. This was the period that religious faith was being reaffirmed where it mainly meant trusting someone heart instead of the head, this meant feeling were to be more important than thinking. Biblical revelations were to be the guiding tools for the life of human being to be prosperous. This discouraged use of human reason in solving issue related to faith. The first signs of the awakening were seen as early as 1679 following the sermons delivered by Solomon Staddord in Northampton Massachusetts. Periodic revivals occurred after this period but they were usually dying out due to the strong influence of the enlightment age. Jonathan Edward, William Tennent and his family and George Whitefield played a great role in spreading the word and in bringing revival to this region. They are noted for the role they played in initiating religious revivals in the colonies as well as establishing the seminaries where the clergymen would be trained. These clergy people were used to convert people bringing them in to Christianity. (Wallis,J 2008 23) William Tennent has been described a the father of the great awakening, the soldier of Christ and the old grayed disciple of Christ are some of the names that he was given to recognize the role he played in reviving Christianity in the American colonies. He is attributed to the spreading of the fire to many parts of the colony including Ohio and Carolina. He established churches as well as training schools where he trained young men as pastors to help in the spreading of the word. He is accredited for starting the first training camps for the clergy who served in the revival of religion in this part of the world. William stressed on the need for man to seek personal salvation with God, he advocated for the people to repent as they will be convicted of their sins. This made him controversial as the other Presbyterian preachers wanted him to stick to the traditions. He ignited a fire that was carried by his students far and wide to the regions far away helping in the awakening of religion. (Lambert,F 1999 46) The religious enthusiasm spread from the Presbyterians to the purists and Baptists of New England. The clergy were conducting revival employing the strategies used by William Tennent. Jonathan Edwards delivered powerful sermons which ignited a kind of fire never seen before. In his sermon â€Å"Sinners in the Hands of an Angry God† he described how people will be destroyed if they did not turn away from their current state. He stated clearly through his sermons what awaited those who are sinners. Just like William he played a great role in spreading revival teaching to different areas as well as training young men who did a great job in this course. George Whitefield who came to be known as the great itinerant Traveled far and wide preaching the revival message. He emphasized on the need of living as Christians rather as divided people. His eloquent manner endeared many whom he helped to convert. The English preacher together with other preachers formed a movement whose aim was to reform the Church of England. He drew very large crowds everywhere he went such that he mostly opted to preach outdoors. (Tracy, J. 1997 145) The great awakening led to conversion of many Americans, this is shown by the number of people who joined the church, and this increased greatly at around this period. The sermons delivered by the preachers were powerful such that they touched many of whom decided to convert. The major effect was the rebellion against the authoritarian rule which was characteristic in the religious field. The charismatic personalities Edwards, Tennent and Whitefield played a great role in delivering the right messages challenging the status quo. The helped the people to see the light. The necessary reforms were carried out in the church making it more responsive to the salvation needs of the people. The message was not well received by all there are those who wanted thing s to remain the same, they wanted to advance the traditions they questioned the move of the preachers as they condemned the local clergy on the way they conducted the affairs. The great awakening left these preachers sharply polarized as they could not agree with some of the things being propagated by the revival preachers. The first great awakening left the colonials divided along religious lines. (Heimert, A 1966 68)The Anglicans gained from this movement as its membership increased greatly. This membership was drawn from those people who did not approve the revival excesses. Baptists on the other hand gained from the radical converts. The great portion of believers remained in the Presbyterian and congregational denominations but they were divided along the lines of those who supported the revival and those who were opposed to it, the so called new and the old lights. New lights represented those who approved the revival while the old lights are those who favored the status quo. The colonial government was not left out too, in the colonies where the main steam churches were supported by the authorities the other churches lobbied for enactment of the laws which would end the favoritism along religious lines. (Kidds,T 2007 104) The great awakening brought changes in the American church changes that lasted for a long period and continue to be felt up to this time. It is a period when the church became stronger as it gained more members especially those who were converted at around this time. Work Cited Wallis,JThe Great Awakening,HarperOne( 2008) Lambert,F. Inventing the Great Awakening Princeton: Princeton University Press, (1999) Tracy, J. The Great Awakening: A History of the Revival of Religion in the Time of Edwards and Whitefield,Banner of the Truth (1997) Heimert,A Religion and the American Mind, Cambridge: Harvard University Press, (1966) Kidds,T. The Great Awakening:Abrief History with documents,Bedford/St Martins(2007)

Is Human Population Growth A Threat Environmental Sciences Essay

Is Human Population Growth A Threat Environmental Sciences Essay Even though population is often considered a sensitive topic, it is becoming increasingly difficult to ignore the concept that population growth threatens the environment. The rapid increase in population growth over the past few centuries has led to an increasing interest in, and a growing concern for population growth as one of the key threats to the environment. A threat to the environment can be in many different forms, such as soil erosion, climate change, deforestation, wastes, and pollution. The aim of the following essay is to explore how population growth is considered to contribute to these issues and degrade the environment. In order to achieve this aim the essay will be split into two main parts. The first section will outline theories that argue population growth is a threat to the environment. This will be supported by Malthus and Meadows et al. In order to gain a succinct analysis this essay will concentrate on the natural environment, in particular exploring how defor estation is threatened by population growth. However, the second part of the essay will challenge this and purport that population growth does not endanger the environment. It will argue that an increasing population could improve environmental quality. It also will claim if resources are managed sustainable then population growth will not negatively affect the environment. This is supported by Tiffen and Mortimore and Fox. Local case studies are used as micro studies show the relationship between population and deforestation more clearly, as macro studies are affected by many other influences. Finally the conclusions reached are population growth is not the root cause of environmental damage. If resources are managed sustainably and new technologies are used, then population growth itself would not threaten the environment. A positive correlation between population growth and environmental damage Overpopulation [is] our number one environmental problem (Rodnguez-Tnias 1994:1379). Since 1650 the rate of population growth has increased. This has resulted in a rapid increase of the world population which rose from 3.3 billion in 1965 to over 6 billion by the year 2000. Thus world population almost doubled in just 35 years and the rate of growth itself was also rising. Moreover a billion people were added to the world population from 1987 to 1999, an increase equivalent to the total world population in 1804 (Panayotou 2000). This relatively recent increase in world population has led to a mounting concern for how population growth affects the natural environment and natural resources (Meadows et al 2005:28). There are many reasons as to why population growth is seen as a threat to the environment. For example, human populations use up natural resources, omit greenhouse gases contributing to climate change, destroy habitats resulting in loss of biodiversity, and increase air and water pollution levels. Hence, almost all environmental issues are either directly or indirectly related to population. Furthermore, it is often reported in the media that a growing population is an environmental threat, further increasing the concern. For example Andrew Woodcock reports in The Independent that a booming population is a threat to climate change (2006 online). There has been a simultaneous trend of a growth in population and a steep decrease in environmental quality and an increase in resource depletion (Panayotou 2000).Consequently, population growth is often considered the greatest and key threat to the environment. The debate on the correlation between population and the environment began over 150 years ago when classical political economists such as Malthus (1798) identified a relationship between population and food supply. He argued that population grew exponentially, whereas food supply would only grow arithmetically, resulting in major food shortages. He claimed that the pressure on agricultural land would result in a decline in environmental quality, forcing cultivation of poorer quality land. He criticised the idea that agricultural improvements could be made and expand with limits and claimed that the power of population growth was greater than the earths ability to support man. Malthus concluded that population growth must limited to remain within environmental restrictions, as the earths resources are finite. Malthus theory that the size of population is dependent on food supply and agricultural methods, This idea was resurrected in the 20th century, by key publications, most notably The Limits to Growth by Meadows et al (1972) and The Population Bomb by Ehrlich (1968). This new body of work by contemporary authors is referred to as neo-Malthusianism. The debate however has shifted from agricultural land to concerns about the role of population growth in the depletion of other natural and renewable resources, and the effect of population growth on climate change and on biodiversity loss. Meadows et al (1972) argued that population growth can create problems because of environmental limits. They argued that population growth cannot continue indefinitely and used past data to predict future trends in world population, resource depletion, pollution and food production. They claimed that the limits of the planet will be reached within the next century and that population could therefore not carry on growing. In their 30 year update in 2005 they argued their conclusions were even more imp ortant today. They claimed that there is now land scarcity and the limits have been approached, which is especially serious as population keeps rising and resources are being depleted. Growth in the globes population could lead to the possibility for a potential catastrophic overshoot (Meadows et al 2005). Livi-Bacci (2001) points out that in Bangladesh the limits have already been reached, hence population cannot carry on growing. This is similar to Ehrlich (1968) who argued that there should be action to reduce population growth otherwise there would be mass starvation. The growth of world population increases the demands on natural resources, making it difficult to protect these resources, thus declining environmental quality (Sitarz 1993). Hence there are reasons to worry about the effect population growth will have on the environment in the long term (Sen 1994). Consequently the consensus is that there is a population problem (Neumann 2004:817). Population growth causes problems in the local environment. There is no single guide to analysing the state of the environment; therefore the relationship between population and environment is usually evaluated in terms of individual resources or measurements of environmental quality (Panayotou 2000). Environmental quality can be measured by the stock of forests or by the absence of air and water pollution. The affect population growth has on deforestation has received considerable attention as forests play a key role in wildlife habitats, the carbon cycle, and a source of raw material. At the global scale deforestation contributes to global warming, and at a local scale leads to soil degradation (Fairhead and Leach 1995, Nyerges and Green 2000). There is evidence which supports Malthusian arguments that an increasing population has a negative effect on environmental stocks. The role of population growth is particularly clear in fragile environments such as forests (Livi-Bacci 2001). The cause of deforestation is frequently seen as a result of population pressures as population growth increases the need for arable land, resulting in a conversion of forest land to other uses (Cropper and Griffith 1994). Malthus argued population growth would result in a higher need for agricultural land and this results in a decline of forest land particularly in Africa and Latin America (Livi-Bacci 2001). 60% of the worlds deforestation is a result of the need for more agricultural land (Pimentel and Pimentel 1999). Each year, 70 million people are added to world population, mostly in developing countries and 15 million square kilometres of forests disappear(Panayotou 2000:25). This research led to many people hypothesising that more people m ust result in fewer forests, as the higher the population growth, the faster this process will take place (Ehrlich and Ehrlich 1990, Rudel 1991). This will cause a steep decrease in forest size from year to year. Forests frequently owe their origins to depopulation, therefore resulting in the conclusion that population growth causes deforestation, especially in poor and developing countries (Fairhead and Leach 1994). This affect is more observed at the local level, for example Cropper and Griffith (1994) used panel data for Asia, Africa and Latin America between 1961 and 1988 and found a positive relationship between deforestation and population growth. Additionally, Fairhead and Leach (1995) identified that there was an observed decline in forests in The Ziama Forest Reserve in Guinea as a result of growing populations, which have moved away from traditional methods. IUCN report on Ziama states that forest cover in this part of Guinea is now only 20% of what it was at origin' and t he report emphasizes that the forest is regressing rapidly (cited in Fairhead and Leach 1995:1029). Therefore the decline of forests reflects the populations who cleared it (Fairhead and Leach 1994). Furthermore Sambrook et al (2004) did a study of 450 traditional hillslope farms in the Dominican Republic, and found there was positive relationship between population pressure and deforestation. They found that for the entire 1987 farm sample, 52% of the variation in deforestation is explained by population pressures (p36). This effect can also been seen at the country level, for example in Thailand deforestation was caused by demographic pressure from migration (Livi-Bacci 2001). Consequently, population growth causes a disproportionate negative impact on the environment (Ehrlich and Holdren 1971:1212). There is a conventional wisdom that population growth is responsible for deforestation. This supports the neo-Malthusian view that population growth is the root cause of environmental degradation, and growing demands for finite resources. Therefore the solution is direct population control (Panayotou 1996). If population growth is a major threat to the environment then steps must be taken to reduce the rates of growth. Livi-Bacci (2001) argues that a decline population increase will diffuse the issue of the environment. Therefore there is an immediate need to develop strategies aimed at controlling world population growth (Sitarz 1993:44). This means that there needs to be support for family planning throughout the world especially in developing countries which have the highest rates of population growth, and less access to family planning (Barlett 1994). Therefore, slowing the increase in population, especially in the face of rising demand for natural resources, can help protect the environment. As population size reaches even higher levels the environment is at risk and the outcome is impossible to predict, therefore policies to reduce population are needed (Upadhyay and Robey 1999). However, the next section will counter this and argue population growth is not a threat and therefore there is no need for population controls. Population growth is not the key issue for threats to the environment There is scepticism about whether population growth is the key threat to the environment, as Monbiot (2008 online) writes is population really our number one environmental problem? Even though there is evidence of a correlation between population growth and a decrease in environmental quality, a nearly perfect correlation does not necessarily imply causation. Otherwise, it would be expected that countries with the highest population such as China and India would have the highest use of natural resources (Panayotou 2000). The worldwide average per capita use of forest resources is 0.75 ha, whereas in China, a country which approximately 20% of the world population uses less that average forest resources with only 0.11ha/capita (Pimentel and Pimental1999). Some problems have been raised over the Malthusian view of population growth threatening the environment. The world has coped with fast increases in population, even though Malthus predicted terrible disasters. At the time he wrote there were fewer than a billion people in world but he felt the earths limits had past. The world population has grown six times larger since 1798, but contrary to what Malthus predicted, food production grew even higher (Sen 1994). Clearly, Malthus (1798, 1803) did not foresee the technological advances of the last two centuries as a result of the industrial and agricultural revolutions. Like other classical writers he assumed that land productivity was fixed (Panayotou 2000). Boserup opposes Malthus theory arguing that agricultural methods depend on population size (Darity 1989). Boserup (1965) theorised that population determined agricultural methods, therefore the power of initiative and new innovations would overcome the power of demand. This means po pulation growth would not continue to degrade the environment as communities would switch to new and more intensive methods of the land. Thus population growth does not result in a degradation of the environment because populations will change to another system with a higher carrying capacity. Therefore, the issue is not the numbers of people, but how those numbers relate to available resources (Barlett 1994:9). Technological changes and better management of resources would ensure that a population can expand the earths capacity. It can be argued that population growth is in fact the driving force for efficiency and technological innovation ensuring growth without damaging the environment (Panayotou 1996). For example an increase in agricultural yields can offset the effect of population growth on deforestation as a 10% increase in agricultural yields from technological change would result in a 1.1% reduction in deforestation (Panayotou 2000). Therefore the effects of population gro wth can be reduced by modern technology and increased efficiency (Cropper and Griffiths 1994). Consequently, an environmental crisis can be avoided if steps are taken to conserve and manage resources and demand sustainably (Upadhyay and Robey 1999). Therefore the natural environment and resources has never been fixed but has expanded due to innovation. The limits to growth are not defined as they are connected to the effects of technological growth and cultural choices (Livi-Bacci 2001). This rejects Malthuss argument as he assumed land productivity was fixed, whereas Boserup (1965, 1976) argues that famine is not possible as technological changes would allow food production to keep up with population growth. In addition, more efficient and environmentally sound agricultural technologies must be developed and put into practice to support the continued productivity of agriculture (Pimentel and Pimentel, 1996). Meadows et al (1972) and Ehrlich were wrong to suggest population growth would lead to environmental degradation as it may result in conservation or an improvement of the natural environment. This view does not restrict the levels of population but suggests it can actively improve the environment. Tiffen and Mortimore (1994) argued against Malthusian views and pointed out that population growth does not necessarily threaten the environment as better management and investment would ensure the natural environment is protected. Agricultural labour requirements increased not because of a larger amount of cropped land but because of larger labour requirements, as Boserup suggests. They pointed out that an increasing population would increase access to sources of knowledge and using technologies. This enables outputs to rise faster than population growth. Like Tiffen and Mortimore, Murton (1999) also argued against Malthusian arguments. He used example in the Machakos district in Kenya whi ch showed that environmental conservation occurred during periods of population increase. Therefore, population growth is an important means of improving environmental quality. Therefore, if resources are management sustainably then population growth can protect the environment. He found population growth has a positive influence on forests as farmers became more dependent on non-agricultural sources of income. Therefore, Malthus is wrong to suggest there would be a catastrophe as population increase can have a positive influence on forests. This is supported by Fox (1993) who did research on forest resources in a Nepali village Bhogteni in 1980 and 1990 and found despite an annual population growth rate of 2.5%, forests were found to be in much better condition in 1990 than they were in 1980 (p89). Thus population growth had a positive influence on forest resources. He found that Nepali farmers began to develop their own methods for conserving the forests through community manageme nt. This result in an increase of forest resources as in 1980 private woodlots had 179 trees/ha compared to 489 trees/ha in 1990. Therefore population growth does not necessarily lead to downward spiral of land degradation. Fairhead and Leach (1994) also identified a counter-narrative for their evidence, as local residents argued they had created the patches of forest around their villages, not destroyed it. Oral history suggests that the villages encouraged and managed the growth of forest islands around their villages. Therefore, it is not necessarily the case that the area was originally forest prior to increase of the population. It is conceivable that management of the local resources was partially responsible for the spread of forest areas, from earlier savanna-like conditions. They point out that more villages actually resulted in more forest islands. The Ziama region was originally bare rock not forest land. Therefore there is a broader narrative (Fairhead and Leach 1995). T herefore the wrong interpretations were made based on stereotypes (Fairhead and Leach 1994). Conversely, oral history is not fact, or based on empirical evidence and cant apply these local/village findings everywhere. Hence the validity of these arguments is questionable. While this rejects Malthusian arguments, as population growth did not lead to further environmental degradation, it does not confirm Boserups hypothesis that population growth would lead to new innovations. Furthermore, population growth creates the incentive to protect the environment, as costs of existing resources increase and benefits from substitutes are realised (Panayotou 2000). Therefore the rapid population growth in Bhogteni may have resulted in an increased willingness of the villages to seek better management for forest lands. Thus forests would not have been perceived as threatened if there was not a high population growth rate. Fox (1993) also argues that other variables contributed to the management of the forest in Bhogteni, such as an introduction of a new road and changes in forest tenure. Nevertheless, while population growth can trigger land use changes it is not the root cause of environmental damage. The root cause results from market failures, especially in developing countries where property rights are neither defined nor enforced. Thus the private cost of deforestation is zero. Therefore, because they have no right of ownership to the land they have no incentive to protect it and make efficient land-use decisions (Panayotou 2000). We should recognize, however, that the immediate threat to these lands is not population growth but bad forest management policies. Before population can be cited as the cause of forest degradation, forest policies must be implemented that provide incentives for local people to manage forest resources (Fox 1993). It is often the conclusion that population drives deforestation, however, the context must be kept in mind, such as open access forest resources, low levels of education, insecurely held agricultural land. These all combined prevent response to population growth. Therefore a more complete analysis should look at all these factors. Furthermore, other issues also affect the rate of deforestation. Holdren (1991) used a mathematical formula I = P x A x T to show how population, affluence and technology have an impact on the environment. He claimed that environmental policies should focus on consumption rathe r than population growth. Population growth is a factor among other issues. While the Brundtland Report (1987) states that population growth is not the central problem. Furthermore, if a country has a higher income then the rate of deforestation is likely to be slower. As income rises, people use other energy sources and modern agricultural techniques which reduces the demand for agricultural land. Therefore reducing the rates is population growth is not necessarily the best method for decreasing the rate of deforestation (Cropper and Griffiths 1994). Therefore all of these factors are responsible for a deterioration of the environment and all need to be tackled. Therefore population is only one factor among many, and the interactions of these factors are crucial for driving the deforestation process. Policies are needed to tackle poverty in developing countries and high consumption levels in developed countries first (Saxena and Nautiyal 1997). However, it depends what level is being studies as micro studies may find significant negative effects on resources from population pressures on the local environment, while macro studies identify no resource constraints at the national or global level. This distinction between macro or aggregate, analysis and micro, or more disaggregated analysis is one that you could develop further. One of the points that this leads to is questions of control of resources and the uses to which they are put. Macro-level and micro-level analysis may lead to different insights and conclusions in this regard. Micro studies-even though better analyse the effect of population growth also mask the wider socio-economic factors which may result in environmental degradation (Murton 1997). Therefore there are complications for tracing the effect of world population on the global environment (Panayotou 2000) The interlocking crises in population, resources, and environment (Ehrlich and Holdren 1971). The Malthusian theory of population growth and resource degradation is clearly a myth that needs to be slain.p97 (Fox1993). Conclusion From examining the evidence above it is clear that there is little agreement on the relationship between population and environment, there is a tremendous variation in findings and their interpretation. The selective use of evidence gives rise to outcomes that range from the most pessimistic to the most optimistic. The objective of this essay was to review analytically and critically the arguments on the population-environment interface. This essay has outlined Malthusian arguments of population growth causing environmental degradation. This essay has also explored counter-evidence to this, arguing that innovation and a better management of resources can offset the effects of population growth. This essay has also argued that other factors affect are the cause of deterioration in environmental quality. A more complete analysis should incorporate these factors and their interaction with population growth. It is generally agreed that population growth is an indirect threat to the environment. Therefore direct threats need to be addressed. Issues such as poverty need to be solved to improve environmental quality, not reducing population numbers. However, whether evidence is used from macro or micro scales can skew the results. To conclude that much more empirical research, with more sophisticated models, is necessary before we can fully understand the role of population dynamics (density, growth, distribution and composition) on deforestation. Javas population quadrupled in the last 100years. However, environmental damage was due to economic reasons not population growth. Failure to improve agricultural productivity and to create non-agriculutral employment has intensified population pressures. Panayotou (1996).

Transnational Governance And Overseas Filipino Workers Politics Essay

Transnational Governance And Overseas Filipino Workers Politics Essay In an era of increased globalization, different countries turn to different national strategies in order to maintain a competitive edge in the global market. For many developing countries, the labor force that they possess is a significant resource that may be utilized in order to pursue economic and social growth and development within their countries. The Philippines is one of the major countries that rely heavily on its workforce for economic stability and social advancement. Indeed, the Philippine experience of Diaspora is a sad and happy story to tell. The fact is that Filipinos working outside of the country brings the bacon home-the dollars that supports the economic activities in the country. However, the Philippine government is faced with this dilemma: how do they make sure that these Filipinos outside of the country maintain their links to the country. The fact that they send money back to the Philippines is not enough. They have to make sure that these Filipinos remain connected to their homeland lest they might lose them someday. A stronger sense of identity, solidarity and nationalism will ensure that these Filipinos will participate in the affairs of the country which will then ensure continued support from them in terms of financial matters. In order to induce such participation, the government should cross borders and exert re-territorialization and extra-territorial jurisdiction efforts-the government now faces the issue of transnational governance. These integration mechanisms to induce participation from Filipinos abroad is an effort that should be carried out by the Philippine government to make sure that Filipinos abroad remain connected to their home countr y. Research Questions What difference did the Overseas Absentee Voting Act of 2003 (RA9189) made in terms of the political participation of OFWs in national and local elections in the Philippines? How does RA 9189 function as a tool of transnational governance for the Philippine government? Why is it important for the Philippine government to re-territorialize OFWs all over the world and encourage them to participate in the political processes of the country? What are the measures that the Philippine government has to take in order to secure transnational governance on OFWs all over the world? Independent Variable: RA 9189 or The Overseas Absentee Voting Act of 2003 as a tool of transnational governance for the Philippine government Dependent Variables: The transnational connection between OFWs and the Philippine government as seen through the exercise of the voting rights of OFWs and its subsequent effects on the domestic politics of the Philippines; The sense of identity, solidarity, and nationalism of OFWs as the basis for their corresponding political representation and participation; The efforts of the Philippine government to seek re-territorialization and establish extra-territorial jurisdiction (through RA 9198) as a political integration mechanism As such, the aim of this study is to be able to look at RA 9189 as a tool employed by the Philippine government as a political integration mechanism to address the much larger and broader issue of transnational governance which is brought about by the increasing interaction between the economic, social, and political forces at play in the global arena and their respective counterparts from a state-level perspective. II. Significance/Importance of the Study A Brief History of Filipino Migration The migration of Filipinos to foreign lands has a long history in modern times. The opening of the Suez Canal in 1869 eased Filipino migration into Europe. By the turn of the 20th century, the growth of nationalist ideas fermented in Europe by Filipino exiles such as Dr. Jose P. Rizal gave birth to the Philippine nation. In the early 1900s, Filipino workers laboured hard in the sugar and pineapple plantations of Hawaii while skilled Filipino labour in the health and tourism sectors helped in the reconstruction of Europe after the devastation of the Second World War. The post war era also saw many Filipinos joining the US navy for the privilege to petition for residence in the United States and live a better life. The 1970s saw the massive importation of Filipino construction workers to the Middle East where petrodollars were readily available. By the 1980s and the 1990s, there were Filipino doctors and physical therapists in the United States, Filipino nurses in the United Kingdom, Filipino secretaries in the UN headquarters in Geneva, Vienna and New York, Filipino engineers and teachers in Africa and Asia, Filipino au pairs in Scandinavia, domestic workers in Italy and Hong Kong, and seamen in Greece. Filipino migration has spread to other continents and by the 2nd millennium continues unabated. Filipinos are the second largest migrant population in the world (Hoegsholm, 2007). Current Trends and Situation The Philippines is one of the major countries that rely on its labor force for the support of its economy. Of the 80 million people in the country, approximately 10 percent is outside of the country working permanently or temporarily and because of this massive diaspora, Filipino migration continues to be a major concern for the Philippine government. However, one aspect of this issue that remains unexplored or altogether ignored is the fact that these Filipino migrants can be significant political forces that may influence the political situation in the country. The political system in the Philippines is one that needs reforms and transformations. As a democratic country, the electoral process of the country provides for an opportunity for the people to choose representatives that will empower them. However, time and time again, corruption and bureaucracy over rules democracy-the voice of the people through electoral votes is not entirely reflective of the political change so long desired by the Filipinos. Perhaps it is a lack of the participation from the middle class of the country; perhaps it is a result of the indifference of the average citizen of the country; and perhaps many people do not see why they should be clamouring for change in the government when clearly the government has nothing to do with their economic survival anymore. Such is the case of the many Filipinos living and working outside of the country, and such political outlook may be shared by their families in the Philippines as well. Seeing as the Filipinos outside of the country may be a significant political force that can initiate changes in the political system of the country, there is a need to understand how to tap these political forces that might serve the interest of the Filipino nation in general. Table 1. Estimate of Overseas Filipinos, Commission on Filipinos Overseas (2009) Commission on Filipinos Overseas STOCK ESTIMATE OF OVERSEAS FILIPINOS As of December 2009 PERMANENT TEMPORARY IRREGULAR WORLD TOTAL 4,056,940 3,864,068 658,370 Table 2. No. of Overseas Registered Voters, Commission on Elections, COF (2009) Overseas Absentee Voting 2009 Statistics on Number of Registered Voters Summary per continent and seafarers 2007 DELETED (Failed to vote twice) Asia Pacific 191,761 47,219 North South Africa 27,247 4,886 Europe 48,462 12,233 Middle East Africas 218,250 68,482 Total Landbased 485,720 132,820 Seafarers 18,404 OVERALL TOTAL 504,124 132,820 Comparing tables 1 and 2, we can see that of the more than 8 million Filipinos abroad, only a little over 500,000 people are registered voters. These numbers are strikingly significant if we are to consider Overseas Filipino Workers (OFWs) as political forces that may serve as an avenue of the much needed political change in the Philippines. Literature Review On Transnational Governance and Nationalism: The Issue of Transnationalism In a very relevant study concerning the issue of the nationalism of Filipino migrants and the transnational governance efforts of the Philippine government, Rodriguez (2002) argued that citizenship, and the obligations attached to it, is used as a state strategy for income generation for the Philippine government. Further, citizenship has become a means by which the Philippine state disciplines migrants as cheap workers for the global economic orderà ¢Ã¢â€š ¬Ã‚ ¦transformations in notions of Filipino nationalism and citizenship have given rise to new kinds of transnational citizenship struggles allowing Filipino migrant workers to demand economic, political and cultural rights of the Philippine state wherever they may be. Rodriguez also explored the idea that Filipino migrants nowadays offer alternative nationalisms that challenge the constraints imposed by the governance efforts of the Philippine government. This study is important mainly because it pointed out that transnationalism may be looked at from two perspectives: that of the government and that of the Filipino migrant workers and their advocates. When looking from the point of view of the government, Filipino migrants are transnational citizens that can serve the best interest of their homeland. For instance, in recognizing that overseas Filipino workers are the new or modern-day heroes of the country, the Philippine government explicitly commits itself to ensuring that the welfare rights of these migrant workers are protected beyond the territorial boundaries of their country. As the heroes of Philippine society, migrants are extended limited rights and privileges. Yet ultimately, as citizens, Filipino migrants are expected and indeed forced to comply with particular obligations to their home state that ultimately serve the interests of global capital (Rodriguez, 2002). On the other hand, Rodriguez also explored the idea of alternative nationalism pursued by migrant advocates such as the group Migrante International. According to this idea, the Philippine state owe it to the Filipinos abroad to secure their rights in their host countries and ultimately lead them back to the Philippines. However, when this study was conducted, only the Migrant Workers and Overseas Filipinos Act of 1995 or RA 8042 was in effect. The Overseas Absentee Voting Act or RA 9189 was passed into law in 2003; a year after Rodriguezs study was published. Since then, a lot of changes in the political strategies of the government in terms of addressing the issues of transnationalism amo ng Filipino migrant workers all over the globe have taken place. RA 9189 Overseas Absentee Voting Act of 2003: Causes, Roots, and Implications Concerning the issue as to why RA 9189 was not enacted as a law earlier, Moon (2009) argued that the passage of RA 9189 was a product of the dynamic interaction between external (the presidential support in mid-term legislative elections, the emergence of a sectoral party Akbayan in the House of Representatives since 1998, the Asian economic crisis, and the advent of the Internet in the late 1990s) and internal factors (International Coalition for Overseas Filipinos Voting Rights [ICOFVR] and the increasing grievances of overseas Filipinos towards the Philippine government). According to this study the [e]nactment of RA 9189 was neither a sole decision of the political elite such as the president and legislators, nor a consequence purely of overseas Filipinos avid lobby campaigns for their voting rights (Moon, 2009). Instead, the author believes that the factors in the political system of the country and the growing activism of Filipino migrant workers led to the successful passage o f the Absentee Voting Act of 2003. RA 9189 is clearly an effort by the Philippine state to re-territorialize Filipinos all over the world mainly for economic reasons but it also reflects the initiative of the state to respond to the needs of the millions of Filipinos overseas intertwined in the increasing globalization of labor. As Bach Solomon (2008) have pointed out in their study, the urge to re-territorialize is partly about maintaining state legitimacy through the identification and participation of its citizens, partly about exercising sovereign power over extra-territorial flows, and partly an attempt to secure sources of state revenue as wealth becomes located outside the country. Furthermore, these authors have argued that [g]lobalization leads not always to decentralization but also to significant state efforts in building centrally controlled administrative structures; the transnational migrant worker shapes new articulations of belonging and political membership, and as such migrant populations function a s agents of social change; and the formalization of trans-nationalism among migrants points to new, institutionalized mechanisms through which nation-states with large migrant populations manage, channel and forge political action and subjectivity (Bach Solomon, 2008). Such arguments are very important in because it illustrates the issue of transnational governance that is faced by almost all every state in the context of globalization. Indeed, there is an immediate need for states to figure out how transnational governance works if at all for the benefit of the millions of migrant workers around the globe. Furthermore, their study has pointed out another important issue: that globalization and the need for extra-territorial governance are dynamic factors that influence one another which constantly evolve through the increasing interdependence of states arising from the situation in the contemporary global order. Therefore, there is an immediate need for political actors and academics alike to put forth more effort in understanding the political integration mechanisms that is likely to come out of transnational governance concerns. Transnationalism, Transnational Governance, Extra-territorial Jurisdiction: Concepts and Issues With regards to transnationalism, transnational governance, extra-territorial jurisdiction, and re-territorialization-the most important challenge for nation states that seek to address these transnational issues is to acknowledge the fact that they have no effectively employ governance strategies within an anarchic system. In a study by Risse (2004), he pointed out that governance in the global system is about creating social and political order in the absence of modern statehood. He further adds that democratic governance beyond the nation-state faces serious hurdlesà ¢Ã¢â€š ¬Ã‚ ¦the main problem of transnational governance concerns the lack of congruence between those who are being governed and those to whom the governing bodies are accountable (Risse, 2004). The most important reflection from this study is that states have to craft ways to exercise transnational governance in an international realm where transnational accountability and legitimacy remains to be a problem at larg e. The Philippine Experience The Philippines, being one of the very few states that have really dealt with the issue of migration in a head-on manner, has a lot of experiences to draw up decisions from. Hence, in an era where transnational governance seems to be an option to maintain a steady hold on its nationals in the increasing wave of transnationalism and globalization. In fact, one of the many advantages of the Philippine government is that one of the distinctive traits of Filipinos is that they are deeply attached to their familial roots-there will always be a sense of wanting to belong to something that could connect them from where they came from. This innate characteristic may not be reflected yet in the political sense, but it is certainly is seen in terms of the economic and social support of Filipino migrants to their homeland. As Bach Solomon (2008) pointed out, in the Philippines, a sense of solidarity latent among countrymen and women abroad was skilfully mobilized in order to capitalize on thre e things: the desire of Filipinos to make money abroad to support family back home; the desire of Filipinos abroad to consider themselves part of their nation; an appeal to pride in order to raise the skill-level and market niches of the migrant workers. Hence, the Philippine government could use this to their advantage when coming up with political integration mechanisms to employ transnational governance over the millions of Filipinos overseas. Although a lot of Filipinos feel resentment to the very government that pushed them out of their homeland and nationalism and identity may not be as strong as compared to other sending countries and may be even scattered at large, there will always be that invisible connection to their mother country which arises from the fact that as human beings we would always desire to belong and identify ourselves unto something. Capitalizing on this, the Philippine government should be able to employ effective transnational governance mechanisms. Of course, there will always be domestic issues that will hinder the state in maximizing the potential of the government to exercise transnational governance, some would even reject the idea that such kind of mechanism should be employed, instead, Filipinos all over the world should be encouraged to return back to the Philippines. However, the contemporary situation requires for political actions otherwise: the world is becoming increasingly interdepen dent, globalization is true, and transnational political action is needed-fast. The Research Gap in Existing Literature The literature about transnational governance, its advantages and disadvantages, is not lacking. There are also debates as to whether such mechanism is even needed or not. Furthermore, the discussion of the merits and demerits of capitalizing on Filipino nationalism, culture, and solidarity in applying transnational governance efforts by the Philippine government is also abundant. There is also an expansive literature about the role of governments in facilitating the whole migration process. However, there is a research gap in terms of recognizing the political impact that overseas Filipinos could make on the country if the government would be able to employ effective and efficient political integration mechanisms. This study will aim to fill the missing link between the importance of mobilizing the political capacity of migrant Filipinos and its implications on the political dynamics of the Philippines. Furthermore, this study will seek to explain why and how the Philippine governme nt should be bolder in pursuing transnational governance mechanisms and develop an understanding as to how the dynamics between migrant workers and the government could be fully utilized. III. Research Framework, Concepts, Theories, and Propositions Research Framework This framework shows the concepts and issues that are needed to be addressed in terms of using transnational governance as the connecting link that will bridge the gap between OFWs and the Philippine government. Specifically, this framework is meant to explore the case of RA 9198 as a tool of transnational governance that can strengthen the participation of OFWs in the political outcomes of the country through electoral votes and representation. The political interaction between the OFWs and the government may be bridged through the employment of transnational governance on the part of the government and the corresponding participation by the OFWs. The broken lines represent the possibility of bridging this political gap through the employment of transnational governance mechanisms although the maximum potential of such connection is yet to be explored. Meanwhile, the solid lines represent the concepts which are to be explored using the perspective of either the OFWs or the Philippin e government. Hence, the concepts of identity, solidarity, nationalism, and political representation and participation should be tackled from the point of view of OFWs; whereas the concepts of extra-territorial jurisdiction, re-territorialization, and political integration mechanisms concern the Philippine government. Meanwhile, the dotted lines connect the factors that are likely to influence one another. For instance, the concepts of identity, solidarity, and nationalism among OFWs may be used by the Philippine government as the founding blocks of re-territorialization efforts on their part and in return these efforts by the government may induce more solidarity and a further sense of nationalism on the part of OFWs. Furthermore, political representation and participation from the OFWs may be used by the government as a platform for integration mechanism between the politics in the host country and the homeland, and in return such integration efforts from the government may encour age OFWs to participate in the political processes of their homeland. Taken together, these concepts create a model of transnational governance for the Philippine government in terms of dealing with Filipino migrants at least in the sense that OFWs are seen as a significant political force that may contribute to the growth and development of the polity in the Philippines in the long run. Concepts, Theories, and Propositions Time and again, OFWs all over the globe have proven their invaluable economic contributions to the Philippines by bringing in millions of dollars in the country that supports the economy at large. These economic contributions have been translated into social contributions by ensuring that households receiving remittances are investing more in education and health. Overall, receiving households have been experiencing an increase in the quality of life because of the stability brought about by the monthly remittances from family members working abroad. As a result of this new economic and social empowerment the so-called middle class of the Philippine society are increasing in number. However, the political contribution of this newly emerging middle class if mobilized to its maximum potential is something that political scientists and social researchers should further explore. The concept that OFWs are untapped political forces that could introduce drastic political changes in the Philippines would only be possible if the Philippine government itself would be able to realize the political value held by the millions of Filipinos working and residing overseas. If the government would be able to employ effective and efficient measures of transnational governance that will reach the Filipino workforce outside of the country then they will be able to exercise their maximum potential as transnational citizens of the country. Hypothesis The argument of this study is three-fold: one is that Filipino migrant workers all over the world have become distant not only from the Philippine government itself but from the very political processes of the state as well; the second is that the government is not utilizing the maximum potential of OFWs as agents of political change; finally, this study asserts that if the government would be able to tap the capacity of OFWs as political forces then it will invoke the political participation of the middle class in the Philippines which will eventually lead to a radical change in the polity of the country. Going the Distance: The Lack of Political Participation from OFWs It is known that millions of Filipinos abroad rarely participate in the political processes of their homeland in its most general sense, particularly in the electoral processes of the country. The lack of participation from OFWs may be attributed to a number of reasons. First, there is the problem of logistics. Many of the Filipino workers would have to travel long distances in order for them to register as absentee votes to be able to participate in the national elections of the country. In addition, they would have to allocate time and resources on their own. This would include getting off from work in a day or two which means they would have to forego of their salary during those times. Some Filipino workers reside and work far away from Philippine embassies or voting posts and as such participating in the electoral process would require so much of their time and financial resources. Given these things, they would undoubtedly consider if it is well worth it to exercise their votin g rights. Some of them just regard the situation as given and that they could not do anything about it at all. If given the choice between working and participating in the electoral process, a lot of them would just choose the former, because it is much more convenient for them to stay out of the entire process. Another reason is that, a lot of the Filipino workers are very distant with the Philippine government because they remain distrustful of the very government that could not support them in their own country. Furthermore, they do not see the reason as to why they should be caring for the needs of the government when in fact they do not rely much on the government for support. In other words, they do not depend on the government for financial support because they earn their living from outside of the country. As such, OFWs feel very little attachment to the government and they remain sceptical of the government in terms of the growth and development that it can provide for the Filipino nation in general. This attitude of indifference is a result of the thinking that there is no hope left for a change within the political system of the country. Hence, the why-bother-attitude remains prevalent in the way that the millions of overseas Filipino workers think. Moreover, the lack of motivation among OFWs in terms of participating in the political processes of the country remains to be an acceptable norm and so it creates a feeling of mutuality among those who live and work abroad. Such indifference, is not just evident in the voters turnout during electoral processes, but could also be seen in the civic and political participation of these OFWs when they are abroad. A relatively small number of OFWs are active in pursuing their rights and welfares both in their home country but in their host country as well. This general feeling of indifference remains to be a big disadvantage and a hindrance to the relative growth and development of the civic and political participation of OFWs all over t he world-one which is an unhealthy shortcoming that is very much reflected in the domestic politics of the Philippines. Governing from Across Borders: The Necessity of Transnational Governance Mechanisms On the one hand, there is a large and significant number of OFWs all over the world that remains very indifferent to the political affairs of the country. On the other hand, there is the Philippine government who does not seem to exert as much effort as it should have been doing in order to induce political participation from its nationals who are residing and working in many different parts of the world. Obviously, the government is aware of these untapped political forces but the question remains as to why there is not enough effort from its part in order to encourage such political participation. In answer to this question, a number of reasons come to mind. First is that in order to induce a full-scale participation from its overseas nationals, the government has to invest a significant amount of money to facilitate electoral processes from outside its national borders. For instance, the government and its corresponding offices, agencies, or posts would have to ensure that the Fil ipinos migrant workers would have to sacrifice less of their time and resources in order to participate in the electoral processes of the country. For instance, more voting posts would have to be established and then the government should also provide more incentives to those who are willing to take a day off from work in order to participate in the voting processes. This requires additional financial and manpower resources and since Philippine embassies abroad only have a few employees, ensuring an efficient and effective program to encourage more people to vote would not be an easy task to carry out. Furthermore, considering that a lot of these embassies operate under a limited budget, it would require a lot of bureaucratic and legislative work in order to arrive at certain programs that will promote and encourage participation from OFWs. Another reason that comes to mind is that there may be certain individuals in governmental posts or interest groups that may be preventing the government from pursuing an all-out policy to support the participation of OFWs in the political processes of the nation. There may be some politicians who are afraid of the capabilities of OFWs as a coherent political force and as such they may be preventing measures in order to fully realize such capabilities. These are all political concerns and strategies at the local and national level which hinders the empowerment of the many OFWs who are residing and working outside of the territorial boundaries of the Philippines. Nevertheless, the government itself may be largely at fault in terms of the not-so satisfying political participation that it gets from its citizens from scattered all over the world. Without a strong political will to carry out the tasks of promoting and encouraging more political participation from OFWs little results are l ikely to be achieved both in the short and long run. In this regard, the government is missing on a lot of the political tools that is available at its disposal in order to carry out such strategies. For instance, it does not utilize RA 9189 as a powerful tool of transnational governance mechanism. If the government would be able to capitalize on the inherent nationalist sentiments and connections of the overseas Filipinos to their homeland and combine it an efficient utilization of the RA 9189 as a tool of transnational governance then acceptable political results may follow. OFWs as Untapped Agents of Political Change Ultimately, however, the right steer of leadership and a healthy dose of political will may lead to a successful realization of the potential capacity of OFWs as political forces that may be crucial in determining the future course of the political systems in the country. For instance, if OFWs all over the world would be able to participate in the political processes of the country then they could largely influence their families and relatives to do as well back in the Philippines. This may well be the start of the awakening of the middle class in Philippine society which has long been pointed out as the missing link that could eventually lead to the much needed change in the political change in the country. Furthermore, if the political participation of OFWs all over the world can trigger middle class participation back in the Philippines, significant changes could happen not just in the governmental system of the country but in the general context of the society in general as well. Indeed, the full-scale participation of the middle class in Philippine political context is a much anticipated change because this means that those who remain very indifferent to the political processes of the country would have their voices heard and would then eventually lead to radical political changes not just within the territorial boundaries of the country but well without its borders as well. If the Philippine government and its designated agencies in and out of the country can maximize and fully utilize the implementation of RA 9189, then Filipinos all over the globe could actively participate in the political processes of the country and hence radic