Competition Law Assignment Example | Topics and Well Written Essays - 3750 words

Competition Law - Assignment Example It may be a gadget, technology or pill that would be a panacea to aches and pains. Another strategy is to take over existing business entities or corporate organizations that already possess the technology or business process by way of undertaking1, agreement2 or concentration3, either through merger or acquisition4. It may be undertaken to save a fledgling business or employed by business entities of equal capital assets to further strengthen its holdings and enhance its market viability or simply because it is cheaper to buy the rival company than to compete with it in the open market. One particular study that will be tackled in this paper is the cross-licensing, bundling or tying strategy that increases the role if not the dominance of a commercial organization. Thus this strategy warrants the close scrutiny of the European Commission to protect the interest of the European Market. The European Union advocates not only single market5 but open and free enterprise as well. Business entities or corporations have the discretion or liberty to acquire or join forces with other entities by virtue of agreements, undertaking or concentration but this right is not absolute. It is subject to certain conditions such that it must not prevent, restrict and distort competition6 and more importantly, it should not create, strengthen or abuse dominant position7. The primary objective of competition is to serve the general welfare of the consumers however the growing number of agreements, undertakings, mergers and/or acquisitions had the opposite effect since the main concern of businesses or corporations are increased profits and its bottom-line as well as to protect proprietary rights. The consumers were not protected from corporate greed and adventurism since there were no clear cut policies, standards or measures to regulate or control agreements, undertakings, mergers or acquisitions including collusive or abuse of dominant position by invoking exclusive rights over pat ents or intellectual properties. However, the enactment of Treaty of the Functioning European Union8 and its predecessor, the Treaty Establishing the European Union9 conferred upon competition authorities the jurisdiction not only to scrutinize undertakings within the EU but to ensure competition in the European market is not distorted. It is likewise authorized to determine the economic viability and practicability of the undertakings. It is also within the purview of the competition authorities to conduct due diligence to assess if the intellectual property rights over a product or information technology would significantly impede effective competition and strengthens or abuses dominance. It is empowered to conduct an inquiry to assess whether competition is still functioning effectively and the same is beneficial to the public in general. The TFEU was further supplemented by other regulatory measures such as Merger Control10, Individual11 and Block12 Exemptions and other Regulati ons which target specific industries or sectors. The task of this paper is to determine based on

Temporary home Movie Review Example | Topics and Well Written Essays - 250 words

Temporary home - Movie Review Example Dorothy Law Nolte’s â€Å"Children Learn What They Live† made me realize the roles we play as adults. In social work, we establish a relationship based on trust. This is especially true with families who are facing complex issues. Proper guidance and counseling approaches are used to help them improve the socio-psychological functions of each family member. We play an active and positive role in promoting growth and development of these people, especially children, giving due consideration to their background and regard to sensitive issues they are facing. Our main goal is to help them to live a productive life by asking family members to assist and participate, to be able to analyze their situations. The poem can be used as a guide in order to find out and consider possible causes of the different attitudes of each family member. We can teach the poem to family members and make them realize the importance of positive attitude towards others, more particularly how adult s should teach their children by

Behind and history of blood diamonds Research Paper

Behind and history of blood diamonds - Research Paper Example The trade of blood diamonds has been the cause of 4 million deaths. In the 1990s, before relevant steps were taken to curb the problem, conflict diamond trade amounted to be between 3.7-20 percent of the total global diamond trade (â€Å"Blood Diamonds†). It was during the end of 1998 and the beginning of 1999 that the UN began to approach the issue of blood diamond. The UN together with relevant NGOs began to create general awareness regarding blood diamonds among policy makers, media and public representatives to inform them about the gravity of the issue. The UN subsequently passed resolutions such as United Nations Security Council Resolution 1173  and  United Nations Security Council Resolution 1176 to ban the trade of illegal diamonds in Angola. However, these resolutions had little effect on prominent warlords. Trade of Blood Diamonds continued to occur in Angola. The UN then commissioned the Canadian ambassador, Robert Fowler to investigate the issue further. Fowler’s investigations resulted in the Fowler Report in 2000. This report helped form the Kimberly Process Certification Scheme. Under the Kimberly Process Certification Scheme, it is illegal to trade diamonds in any country where the diamonds are not in officially sealed packages. Furthermore, criminal charges are to be imposed to anyone caught trading in illegal diamonds. However, the biggest shortcoming of the Scheme is that it does not protect Blood Diamond trade from corrupt officials who are willing to officially stamp the diamonds for a certain fee. The definition of blood diamond is also limited in this process (Bates). It is argued that the Kimberley Process needs to be revised even as some claim that this process is a step in the right direction (Grant, 393). Others are completely against the process by claiming that the scheme only supports nations and businesses

Legal System Essay Example | Topics and Well Written Essays - 2000 words

Legal System - Essay Example The lack of education or literacy rate in a country could lead it to the high crime rate among young people that provides incentives for committing crimes due to instable economical situation. With the provision of education in the people the rule of law may be strengthen. The primary and secondary educations are very important in this regard; they work as a base for the future education of an individual. We should strengthen the legal system and provide education to the people for strengthening the society. To provide a crackdown on the crimes and to eliminate unhealthy tendencies in the society we should understand the importance of law and the matters falling in the purview of the law should be left to the judicial institutions. It is not legal for an individual to directly concern himself with such matters. One should be careful about inner discipline. Legal problems should be left on the shoulders of the state and the government to decide. If an individual intervenes in everything than it would be very difficult for the people to understand the importance and integrity of the law. Violations of laws disturb the society, self-personality, family and friends. Everyone in the society should make efforts to strengthen the law at large extent as it provides security, mental satisfaction and causes progress for the country. There should be no tendencies of ignoring or violating the laws in the country. Indispensable legal systems should be implemented in the country. By the passing of time, the law has been divided into different subjects and topics; the reason was to make it easily understandable in terms of different aspects of the law. The law is also being taught in different topics and subjects. Even cases are decided on different grounds. To make the process easy, different courts have been established that deal with different kinds of cases in their purview. Following are the different topics of the law: Legal Kinds of Law: Criminal Law. Contact Law. Tort Law (Breach) Property law Trust and Equity Law. Administrative law. International Law. Legal Systems Civil Law. Common Law. Religious Law. Institutions of Law Judiciary Legislature. Executive. Military and Police. Bureaucracy. Civil Society. Legal Profession. (http://en.wikipedia.org/wiki/Law) Law as Legal Subject Almost in every country, the law is taught in different subjects/topics, like in England, the knowledge of law is provided in almost seven different subjects. All laws have the same approach and legal system and same issues around the world, although different names are used to elaborate laws. For example, in the Civil law contract and the breach of contract would fall under the purview of law of obligations and trusts and will be processed under legal regimes or under the international conventions and agreements. Outside of the Europe international laws are being dealt under different agreements other than European laws like North American Free Trade Agreement (NAFTA), South Asia Free Trade Agreement (SAFTA), South American Community of Nations (CSN), Association of South East Asian Nations (ASEAN) and other different trade and other agreements to settle the dispute. But it is worth mentioning that there is

Catastrophic Cyberattack Essay Example | Topics and Well Written Essays - 500 words

Catastrophic Cyberattack - Essay Example A cyber attack has been defined as a computer-to-computer attack that undermines the confidentiality, integrity, or availability of a computer or information resident in it (O’Shea, 2003). Cyber attacks involve virus and worm attacks delivered through vulnerable exploit engines, denial-of-service attacks (DoS), web defacements of informational sites, and unauthorized intrusions into systems (Colarik, 2006, p. 84). According to the CSI/FBI 2005 Computer Crime and Security Survey, rate of losses from attacks are: viruses (33%), unauthorized access (24%), theft of proprietary information (24%), DoS (6%), net abuse (5%), laptop theft (3%), and financial fraud (2%) (Colarik, 2006, p. 83). But for a cyber attack to be successful, phases of attack must also be successful. The five phases of cyber attacks are reconnaissance, penetration, identifying and expanding internal capabilities, intruder damages the system, and removal of evidence of penetration or theft (Colarik, 2006, p. 83). Cyber attack penetrates the Supervisory Control and Data Acquisition (SCADA) system of a water supply system and poses detrimental effect over the system. Cyber Attack on a Water Supply System During the late 1990s, medium to large water utilities integrated IT and SCADA system.

Assess the hierarchical structure of the court system in England and Essay - 2

Assess the hierarchical structure of the court system in England and Wales. To what extent does the common law doctrine of bindi - Essay Example This essay will look at how far this doctrine applied in England and Wales. England and Wales court structure The UK does not have a unified court system in that England and Wales share one system whilst Scotland and northern Ireland each have got two distinct judicial systems. This essay is more concerned with the court hierarchy system in England and Wales, which comprises of: Magistrates’ court these courts are local with seating both qualified and lay magistrates that hear mainly criminal but also civil matters before them at first instance. County courts are staffed by a circuit judge or a district judge and they are all over England and Wales hearing civil matters. The crown court sits to hear criminal matters and may use jury during the trial process. These courts sit in various parts of England and Wales, sittings which are presided over by a circuit judge or a district judge. The high court of justice this court mainly hears civil matters but it also has criminal juri sdiction. It has its sittings in London although this is not permanent since the court may hear cases before it held anywhere in England and Wales. The High Court of Justice is divided into three divisions i. Family division including its divisional court hears appeals from magistrates courts. ii. Queen’s Bench division hears commercial matters, incorporating and administrative court. iii. Chancery division hears civil cases on appeal from the county courts Each of these divisions has different types of work they undertake that notwithstanding they also have jurisdiction to hear appeals from lower courts and a judge sitting in this capacity, the court is referred to as ‘divisional court of the High court’. The divisional courts hear appeals from tribunals and courts below them in the hierarchy. During the High Court sittings, it is presided over by the High Court Judges. Court of appeal this court has two divisions the civil division, which hears civil cases on a ppeal, which have primarily emanated from High Court and the criminal division hearing criminal cases on appeal from the crown court. This court sits in London with senior judges –Lord Justices of Appeal- presiding. The Supreme Court this is the final court of appeal of all civil and criminal cases in England, Northern Ireland and Wales since 1st October 2009. Cases reaching before it must have gone through relevant procedures in a lower court. The Supreme Court has 12 justices who are separate from both parliament and government. Other influential courts (Slapper, Gary, and David 163 - 183) Common law doctrine of binding precedent in court hierarchy The basis of this doctrine is the principle of stare decisis which requires that a later court to use the same reasoning as an earlier court; in essence a particular set of facts should give rise to a particular legal outcome therefore the fairness principle means that cases with similar facts should be similarly decided (Malleso n, 66 -67). The court hierarchy is central to the understanding of this doctrine in the sense that the higher the courts’ position the more far-reaching are the effects of its decisions generally. The lower courts are described to be bound by the decisions of higher courts. This means that the lower court will follow the decisions of the highest court this feature of courts is described as binding precedent. Rules of Binding precedent as they apply 1. The House of Lords In England and Wales, court

Jungian archetypes in today’s global society Essay Example for Free

Jungian archetypes in today’s global society Essay This essay presents Jungian â€Å"archetypes† derived from the theoretical formulations of Carl Gustav Jung aimed at understanding their impacts in today’s global society. This essay also presents a list of individuals noted for their contributions for changing the image of the world totally different from those of the Medieval Period’s and from these thoughts one can imagine the prospects of the future. This essay concludes with the citation of some present-day personalities, technologies, and significant events as objects of Jung’s archetypes. Jung’s theory of personality has tremendous influence on sociology—â€Å"the science of society, social institutions, and social relationships [or] specifically the systematic study of the development, structure, interaction, and collective behavior of organized groups of human beings† (Merriam-Webster 2004). In order to appreciate the impact of the personality theory of Jung in sociological settings, it is necessary to mention key components of the theoretical constructs foremost of which is the â€Å"collective unconscious†Ã¢â‚¬â€in which Jungian archetypes reside. The â€Å"Ego† is the â€Å"conscious mind†Ã¢â‚¬â€it is the seat of â€Å"perceptions, memories, thoughts, and feelings †¦ from the viewpoint of an individual person it is regarded as the center of consciousness,† write Hall Lindsey (118). The â€Å"Personal Unconscious† is the â€Å"region adjoining the ego †¦ consists of experiences that were once conscious but which have been repressed, suppressed, forgotten, or ignored† (118). Under the â€Å"Personal Unconscious† are various â€Å"complexes†Ã¢â‚¬â€the organized group or constellation of feelings, thoughts, perceptions, and memories; that have mental life of their own and have the capacity to seize the personality and to utilize for its end, like â€Å"Napoleon’s lust for power† (118). The â€Å"Collective Unconscious†Ã¢â‚¬â€considered as the â€Å"storehouse of latent memory traces inherited from one’s ancestral past, a past that includes not only the racial history of humans as a separate species but their prehuman or animal ancestry as well †¦ [It is] the psychic residue of human evolutionary development, a residue that accumulates as a consequence of repeated experiences over many generations. † If we humans today are afraid, for example, of the dark or of snakes, it is because our primitive parents â€Å"encountered many dangers in the dark and were victims of poisonous snakes,† write Hall and Lindzey (118). And â€Å"what a person learns is substantially influenced by the collective unconscious that exercises a guiding or selective influence over the behavior of the person from the very beginning of life. † Furthermore, the â€Å"two unconscious regions of the mind, the personal and the collective, can be of immense service to humans †¦ the unconscious holds possibilities which are locked away from the conscious mind, for it has its disposal all subliminal contents, all those things which have been forgotten or overlooked, as well as the wisdom and experience of uncounted centuries, which are laid down in its archetypal organs† (119-120). The â€Å"structural components of the collective unconscious are called by various names: archetypes †¦ primordial images †¦ mythological images, and behavior patterns† quotes Hall and Lindzey of Jung (1943). â€Å"An archetype is a universal thought (idea) form that contains a large element of emotion† (Hall and Lindzey 120). An example is the â€Å"mother archetype†Ã¢â‚¬â€an image or a perception of an individual recognized by an infant irregardless of race anywhere in the world. How can this happen? â€Å"It is a permanent deposit in the mind of an experience that has been constantly repeated for many generations. † (Hall and Lindzey 121). Another example is an image of the â€Å"sun† which has been seen by all inhabitants of the world (except the blinds) rose in the east and set on the west horizons—so that â€Å"certain concepts and images of a supreme deity are off-shoots of the sun archetype† (121). â€Å"In a similar manner, humans have been exposed through their existence to innumerable instances of great natural forces—earthquakes, waterfalls, floods, hurricanes, lightning, forest fires †¦ Out of these experiences there has developed an archetype of energy† (121). On the other hand, two or more archetypes sometimes fuse together so that one can see the person of a â€Å"Hitler† as a form of fused archetypes of â€Å"demon and hero †¦ so that one gets a satanic leader. † Furthermore, â€Å"[m]yths, dreams, visions, rituals, neurotic and psychotic symptoms, and works of art contain a great deal of archetypal material, and constitute the best source of knowledge regarding archetypes,† write Hall and Lindzey (122-123). Jung identified four key archetypes in his personality theory—they are briefly described here, namely: The â€Å"Persona†Ã¢â‚¬â€is a â€Å"mask adopted by the person in response to the demands of social convention and tradition and to his or her own inner archetypal needs,† quote Hall and Lindzey of Jung (1945). This persona is the â€Å"role assigned to one by society, the part that society expects one to play in life. The purpose of the mask is to make a definite impression upon others and it often †¦ conceals the real nature of the person. The persona is the public personality †¦ contrasted with private personality that exists behind the social facade† (Hall and Lindzey 122). The person archetype â€Å"originates out of the experiences of the race; in this case, the experiences consist of social interactions in which the assumption of a social role has served a useful purpose to humans throughout their history as social animals† (122). The â€Å"Anima and the Animus†Ã¢â‚¬â€it is â€Å"fairly well recognized and accepted that a human is a bisexual animal. On a physiological level, the male secretes both male and female sex hormones, as does the female. On the psychological level, masculine and feminine characteristics are found in both sexes†¦. The feminine archetype in man is called the anima, the masculine archetype in woman is called the animus,† quote Hall and Lindzey of Jung (1945, 1954b). These archetypes are the â€Å"products of the racial experiences of man with woman and woman with man †¦ by living with woman throughout the ages man has become feminized; by living with man woman has become masculinized† (122-123). The â€Å"Shadow† archetype consists of the animal instincts that humans inherited in their evolution from lower forms of life, cites Hall and Lindzey of Jung (1948a). Consequently, the shadow †¦ typifies the animal side of human nature. As an archetype, â€Å"the shadow is responsible for our conception of original sin; when it is projected outward it becomes the devil and an enemy†¦. [It is] responsible for the appearance in consciousness and behavior of unpleasant and socially reprehensible thoughts, feelings and actions. These then may either be hidden from public view by the persona or repressed into the personal unconscious† (Hall and Lindzey 123). The â€Å"Self† archetype â€Å"expresses itself in various symbols, the chief one being the mandala or magic circle,† writes Jung (1955a). The self according to Jung is the total unity of all the systems that make up the personality. The self â€Å"holds these systems together and provides the personality with unity, equilibrium, and stability. † The self is â€Å"life’s goal, a goal that people constantly strive for but rarely reach †¦ it motivates human behavior and causes one to search for wholeness especially through the avenues provided by religion,† and it is here where the â€Å"figures of Christ and Buddha are as highly differentiated expressions of the self archetype as one will find in the modern world,† write Hall Lindzey (124). The foregoing presented an overview of the key Jungian archetypes. Hall and Lindzey write that the â€Å"most salient feature of Jung’s theory of personality †¦ is the emphasis that he places upon the forward-going character of personality development †¦ [that] humans are constantly progressing or attempting to progress from a less complete stage of development to a more complete one †¦ [and] that mankind as a species is constantly evolving more differentiated forms of existence† (134). Table 1 shows the Table of Contents of a special edition of the Reader’s Digest magazine capturing the significant contributions of popular and important persons the world has ever produced so far. Each one of the persons mentioned walked in the alleys of human endeavors leaving a legacy that benefited many generations to come after theirs including today’s generation. Table 1. Table of Contents of a Pocket Book on â€Å"popular and important subjects. † Adapt from Reader’s Digest (n. d. ) I. Giants of the World of Science—Copernicus: The man who moved the World (pp. 3-8); Galileo—Bold Discoverer (pp.9-14); Sir Isaac Newton, Explorer of the Universe (pp. 15-20); The Evolution of Charles Darwin (pp. 21-28); Albert Einstein, the man, and the Theory (pp. 29-33). II. They Opened Our Minds—Socrates: A One-Man Turning Point in History (pp. 37-42); What Plato Says to Us (pp. 43-48); Aristotle: Master Mind of 300 B. C. (pp. 49-52); Listen to Wisdom of Confucius (pp. 53-56); William James and the Adventure of Being Human (pp. 57-66); Emerson’s vital Message for Today (pp. 67-74). III. They Sought the True Way—The Man Called Jesus (pp. 77-82); Saint Paul – Apostle to All Men (pp. 83-88); Islam: the Misunderstood Religion (pp.89-98); Buddha, â€Å"The Enlightened One† (pp. 99-104). IV. They Fought for Democracy—Thomas Jefferson, Architect of Democracy (pp. 107-112); The Prodigious Gifts of Benjamin Franklin (pp. 113-118); Woodrow Wilson’s fight for Peace (pp. 119-124); â€Å"We Must Never Deny Our Gratitude†: A Portrait of Winston Churchill (pp. 125-130). V. They Opened the Door—Columbus: He Knew the World Was Round (pp. 133-140); Westward – With Lewis and Clark (pp. 141-148); And Then Came Ford (pp. 149-158); Alexander Graham Bell: The Man Who Tied the World Together (pp. 159-164). VI. Apostle of Human Rights—Abraham Lincoln’s Hardest Decision (pp.167-172); Mr. Thoreau of Walden Pond (pp. 173-180); Gandhi: Apostle of Non-Violence (pp. 181-188). VII. Giants of the Arts—Leonardo da Vinci: The Firs Modern (pp. 191-198); Delacroix: He Opened the Door to Modern Art (pp. 199-202); Pablo Picasso, Artist of the Century (pp. 203-208); Beethoven the Incredible (pp. 209-214); Frederic Chopin: Poet of the Piano (pp. 215-218); Mozart, Music’s Wonder Child (pp. 219-224). VIII. They Took Us Into the Future—The Day the Atomic Age Was Born (pp. 227-232); We Tamed Penicillin (pp. 233-238); With Ranger VII-To the Moon (pp. 239-245). What is the goal of human development? Toward what end are humans and mankind striving? Hall and Lindzey’s answer to these questions is this: the â€Å"ultimate goal is summed up by the term self-realization. Self-realization means the fullest, most complete differentiation and harmonious blending of all aspects of a human’s total personality. † To this end, there is one significant thing that appears to be consistent in all human history—this is what Hall and Lindzey write as â€Å"progress† which â€Å"did not stop with the creation of humans; just as humans represent an advancement over all other species of animals, so does civilized man represent an improvement over primitive man† (134). Meanwhile, Koontz, O’Donnell, and Heinz Weihrich, write â€Å"Every group of people that performs near its total capability has some person as its head who is skilled in the art of leadership [with] †¦ at least three major ingredients—the ability to comprehend that human beings have differing motivating forces at varying times and in different situations, the ability to inspire, and the ability to act in a way that will develop a climate for responding to an arousing motivations† (663). Who are the prime persons and entities in the 1990’s and in the current decade that could have influenced the direction of the world affairs in today’s â€Å"global society†? I have a few names to mention before ending this essay: the introduction of the â€Å"internet† in the early 1990’s that almost shattered the communication barriers overnight with Bill Gates’s Microsoft Internet Explorer; George W. Bush, Sr. and the first Gulf War in the Middle East that reinforced the resentment of the Muslim world against Christendom and in particular the United States; Osama Bin Landen and the 9/11 terrorism; George W. Bush, Jr. and Weapons of Mass Destruction with Iraq War; astronomy and the Hubble Space Telescope that captured close-up photos of far-flung universes never before seen (Voit); and the twin rovers that traversed the Martian face with Intel’s microprocessors as enablers of nanotechnology. These never-ceasing human endeavors reflect Jung’s archetypal descriptions present in all human undertakings in any given society around the world. References Hall, Calvin S. , and Gardner Lindzey. Theories of Personality. 3rd Ed.. New York, NY: Wiley, 1978. Koontz, Harold, Cyril O’Donnell, and Heinz Weihrich. Management. 7th ed. Tokyo, Japan: McGraw, 1980. They Changed Our World. Editors of Reader’s Digest. USA: Berkely, (n. d. ). Voit, Mark. Hubble space telescope: new views of the universe. Ed. Himmel, Eric. New York, NY: Abrams.