Commercial Contracts Essay Example | Topics and Well Written Essays - 2500 words

Commercial Contracts - Essay Example This paper examines two approaches for interpreting commercial contracts in courts of law. The paper assesses the literal and purposive approach to examining and interpreting contracts in courts of law. The paper will assess the advantages and disadvantages of the two approaches and come up with a conclusion on the subject and the evolution process. Literal Approach In commercial contracts, the parties come up with their own terms for the exchange of consideration between them. As such, they write down the terms and conditions for the exchange of consideration. According to Lord Staughton, where there is a dispute in such a contract, the court needs to detect the meaning of the terms and this is a question of law for the judge and not a question of fact for the jury4. Hence, the Judge presiding over the case needs to use an approach to ascertain the facts and what the parties in the contract meant in order to resolve the issue at hand. In the past, most courts used the literal approa ch, this is steeped in the objective approach to the interpretation of contracts5. This is based on the premise that â€Å"... the intentions in the heart of a person is not in man's ability to judge, but change caused by reason of the promise†6. Traditionally, the law of contract is based on negotiations and the promises that were exchanged during negotiations. Also, some of the core maxims of the law of contract made it difficult for the judges to use any other methodology than the literal approach. For instant, English law states that consideration must be sufficient and not adequate. This therefore means that the doctrine of â€Å"caveat emptor†, which requires the parties entering a contract to be careful, will act as an estoppel to prevent judges from interpreting the law in any system or structure that would support an attempt to assess intent. Strictly speaking, the objective approach should be the basis for the interpretation of contracts even if it causes ser ious hardships for one of the parties. In the case of Arcos Ltd V E. A. Romaasen and Sons7, it was held that any express term that is breached in contract renders it null and void. This is because the express terms often form conditions and these conditions must be discharged, otherwise the aggrieved party gets the right to back out of the contract. In Bunge Corporation V Tradax SA8, there was a contract for the mercantile supply of goods. Clause 7 of the contract gave one of the parties the right to terminate the contact if there was a delay. Lord Wilberforce held that time was of the essence in the contract and in the mercantile industry, time lapses were severe enough to merit a cancellation of an entire contract. Lord Scarman and Lord Roskill concurred. Some judges like Lord Staughton hold the view that the court needs to be very careful not to overlook the original terms of the contract to apply new interpretations9. This means that the literal approach is the default Common La w approach to cases relating to the law of contract. Purposive Approach In Codelfa V State Rail Authority10, Lord Brennan stated that â€Å"the symbols of language convey meaning according to the circumstances in which they were used†. This therefore means that words in itself are meaningless and the literal application of such words might be devoid of the bigger picture and have some limitations. As such, a Judge will need to use a purposive approach to integrate the context,

Boeing Company Research Paper Example | Topics and Well Written Essays - 1250 words

Boeing Company - Research Paper Example Boeing organization has a very unique business structure, which consist of two business solutions that are tied together. The two businesses of the Boeing organization are commercial airlines and the integrated defense system. The driving force behind the Boeing organization is the stakeholders, which include the employees, customers, communities and shareholders (Berridge, 2003). The management model used to direct the planning and focus of the company is a simple and effective method of planning and analysis that yield better results for the business. Good business results are driven by the Boeing’s aptitude to encourage leadership and growth in the organization. Boeing receives performance –driven management at all levels since it makes its employees to share in both their successes and failures through education. Planning is concerned with the future consequences and impacts of the present decisions of a company. In other words, Planning is a very important function of management and operation of Boeing Company. For this reason, staff cannot be mobilized and production can not begin unless planning is completed. The major function of management in any organization is to maximize the profits in order to benefit the company and the owners.

United Colors of Benetton Controversial Advertising Campaign

United Colors of Benetton Controversial Advertising Campaign MOHAMED RAFIQUE BIN RAMLAN The United Colors of Benetton Controversial Advertising Campaigns: An Analysis on Power of Determining the Meaning of Media Text The need to effectively sell to consumers throughout many cultures across world borders compelled businesses to tailor their advertising strategies to appeal to different geographic markets. The United Colors of Benetton however, has been employing the opposite strategy by trying to impart a single, what the brand perceived to be universally accepted message that would generate positive responses from all consumers regardless of their geographical, sociological, psychological, cultural, and economical make-up. Ironically, historically speaking, the brand’s campaigns, which had a reputation of being controversial despite claimed as an effort to promote universally positive values have consistently sparked negative responses from their audiences (Boches, 2011). The reason for this disconnection between the expected results and actual outcomes is that the campaigns depicted perceivably negative images so explicitly that they ended up misleading the audiences away from the brandâ €™s well-intended meaning. According to Hall, the apparent meaning (how the meaning is ultimately perceived by the audience, regardless whether it aligned with the intended meaning) of a media text is not solely inherent in the text itself nor the institution responsible for its production. It varies according to the interpretations of its audiences. It highly correlates with and dependent on the audiences’ cultural background, economic standing and personal experiences, and everything else the audiences had already identified and acknowledged (Hall, 1973). Hall added that the audiences are capable and often do distort the messages themselves through collective action, whether consciously or subconsciously. Thus, the audiences effectively became active participants in decoding media texts’ messages as they impose their own social context in their interpretations. Thus, the thesis of this essay is that the power to determine the meaning of a media text lies primarily with the audience. This essay analyzes three of the brands campaigns, focusing on the formation process of audiences’ perceptions on each campaign, which can be categorised into three different positions as proposed by Stuart Hall’s model of communication theory. In 1980s, acclaimed photographer Olivero Toscani captured the image for the brand’s notorious campaign, which the brand claimed to be an effort to raise awareness on social issues pertaining to race and effectively promote the value of racial integration (Elliot, 1991). The print ad for the campaign portrayed a depiction of a (apparently Caucasian) white skinned girl innocently posing side-by-side with a (apparently of African ethnicity) black skinned girl. At face value, this print ad seemed to be just another print ad promoting multi-racial value. With closer inspection, the print advert added to the negative representation of black people in the media. The black skinned girl appeared to be somewhat dark and grimy. There is no representation of happiness in the look in her face. The eyes giving the expression of emotionless and cold with her insipid stare, half of her appearance hidden by dark shadows with no smile on her face and hair styled with spikes which somewhat resem bles a pair of tiny horns. This connotation of obscurity is reflected to the arbitrary meaning with malicious in society. In addition, somewhat societies claimed the looks appeared to be somewhat devilish because they associated darkness with negative appearance. (Moore, 1991) However, the white skinned girl quite apparently enhanced with digital editing appeared to look happy and healthy. Her blond curly haired and a smile underneath her rosy cheeks brands her to look innocence and radiant in person. This resembles her to be styled and edited to look somewhat angelic with her cupid-like look. (Moore, 1991) Especially in the U.S., the promotion of racial integration value from this particular print ad was less apparent in comparison to the sensational outburst created by this print ad by apparently reinforcing negative stereotypes on black skinned people. One might argue that portraying obviously negative stereotypes undermines against them rather than reinforces them, but tense racial dynamics in the United States resulted in dominantly negative perception towards the meaning of the print ad. The intended meaning of the print lies at which Hall established as ‘the negotiated position’, where the meaning is in a position that compels the audience to both accept and reject the intended meaning. The portrayal of the black skinned girl as explicitly and unnaturally devilish proved to be counter-productive to the intention of the print ad to promote the values of embracing other cultures and ethnicities. To a certain extent, the audience do recognized and acknowledged the intended meaning, but simultaneously resisted and modified the meaning in a way which reflects their own experiences, interests, and biases (Hall, 1980). Hall stated that â€Å"decoding within the negotiated version contains a mixture of adaptive and oppositional elements†: while the audiences somehow recognized the abstract idea behind what they were perceiving, the formation of meaning in their minds operated at a more restricted, situational condition, establishing new rules which ultim ately shaped the meaning of the media text. In the 1990s, the controversy ignited by the brand’s shocking campaign intensified. The brand’s shift in focus towards more gritty social issues ranging from dying AIDS patient to image of blood-smeared clothes (Mezzofiore, 2011) faced not only negative reaction from audiences, but sparked public protests and banned by many governments across the world. The print ad which depicted the blood-smeared clothes of a dead Croatian soldier was intended as a part of a campaign that promotes anti-war effort (Associated Press, 1994). One argument which could justify the explicitly gory depiction of the print ad is that it makes for an intense emotional appeal to the consumer, evoking feeling of compassion in them and to perceive the brand as sympathetic and with conscience, ultimately increasing brand appeal and loyalty. Ironically, the German court ruled that the print ad could not be published anywhere in the country on ground that using such intense emotional appeal to sell pr oduct is immoral (Walsh, 1995). Many audiences perceived the image as too disturbing to reflect the value of peace the brand claimed to promote and they could not make any sensible connection between print ad and the product the brand is actually selling. In this case, the intended meaning of the campaign was within ‘the oppositional position’ when channelled through a medium ready to be perceived by its audiences. One of the prevailing philosophy of the brand’s advertising strategy was that ‘there are no shocking pictures, only shocking reality’ which reflected the brand’s effort to expose realities that people refuse to see and face. The brand’s campaign strategy relied on the assumption that the value that it is promoting through this campaign is universally positive, and that it is immune to any interpretations (whether or not they are misleading) formed by the audiences on the basis of their overall make-up. In this oppositional position, the audiences understood only the literal meaning of the image and blinded themselves from the intended meaning. The audience decoded the message and formed interpretation in a way the campaign did not foresee. The audiences’ sociological mak e-up has placed the meaning in the oppositional position as to what the meaning was supposed to be. Although some may actually understand the intended meaning, the text of the medium did not speak in the same language as the audiences’, thus they ended up rejecting it. (Hall, 1980) After consistently recorded low sales, presumably due to a string of high-profile yet unpopular ad campaigns (Maguire, 2003), the brand finally employed a drastically different advertising strategy with its ‘Unemployee of the Year’ campaign in 2012 that addressed the issue of youth unemployment. The campaign was also a contest in which unemployed youths could win EUR 5,000 that they would use to implement a project that would create a positive impact on their community (Lidbury, 2012). The campaign featured a series of thematically focused print ads which depicted close-ups of youths paired with captions such as â€Å"Valentina, 30, non-lawyer from Italy†. The brand campaign â€Å"presents a realistic portrait of todays society by actively tackling a current problem, that of youth non-employment and the potential conflict between generations, in order to show it in a new light and create value for the immense human capital of young people.† This time, the c ampaign generated more positive responses in comparison to the previously mentioned campaigns which were perceived as exploitations of social issues that do not attempt to create solutions. In this case, the audiences were located within the dominant point of view where the audiences took the actual meaning of the media text directly and decoded it exactly the way it was encoded. The audience fully shared the text codes and successfully reproduced the text’s intended meaning (Hall, 1980). Since the issues of youth unemployment are arguably universal, misunderstanding during interpreting media text did not occur as both the sender and receiver have the same cultural biases. The sharp turn of strategy made by the brand was evident by criticism that the print ads for the campaign are too boring (Mahdawi, 2012) and did not represent what they have recognized the brand for: controversy. However, this criticism was overwhelmed by the overall positive response towards the brand’s effort to provide solutions to youths’ unemployment. Marketers predicted that the campaign would help the brand build a lasting relationship with its target consumers. The Reception Theory which focuses on the reader’s reception of a literary text or media established that the process of negotiation and opposition of meaning take place when the reader is interpreting the text. A text- be it a book, film, or other creative work are interpreted by their respective audiences who are not behaving passively, but acting as active participants in interpreting the meanings of the text (Morley, 2015) based on their individual make-up. In other words, the meaning of a media text is not inherent within the text itself, but is created within the relationship between the media text and the audience. A correct interpretation of the meaning of a specific text could only occur when the audiences have a shared cultural background and interpreted the text the way the producer of the text presumed it would be interpreted. The less shared heritage an audience has with the producer of the media text, the less likely the audience will be able to recognize the pro ducer’s intended meaning. Two audiences with vastly different cultural, sociological, economical, psychological, and geographical background will extract two very different meanings from the same text. Thus, the power to determine the meaning of a media text lies primarily with the audience. References: (Word Count: 1638) 1. (Fabrica) http://www.seouldesign.or.kr/EBOOK_DATA/pdf/fabrica_seminar.pdf 2. Boches, E. (2011) Three Ways to Look at Benetton: The Cause, The Creative, The Controversy, Creativity Unbound. [Online] Available at: http://edwardboches.com/three-ways-to-look-at-benetton-the-cause-the-creative-the-controversy. (Accessed: December 17th 2014) 3. Gianatasio, D. (2011) Benetton is Not Feeling the Love for its Unhate Kissing Campaign; Pope Ad is Quickly Pulled, Adweek. [Online] Available at: http://www.adweek.com/adfreak/benetton-not-feeling-love-its-unhate-kissing-campaign-136587. (Accessed: December 17th 2014) 4. Crawshaw, S. (1995) Benetton Sued Over Shock Ads, The Independent. [Online] Available at: http://www.independent.co.uk/news/world/benetton-sued-over-shock-ads-1569139.html. (Accessed December 17th 2014) 5. Walsh, M. W. (1995) German Court Bans Shocking Benetton Ads; Law: Panel Labels as Immoral the Clothiers Campaigns on HIV, Oil Slicks and Child Laborers, Los Angeles Times. [Online] Available at: http://articles.latimes.com/1995-07-07/news/mn-21071_1_benetton-ads. (Accessed: December 17th 2014) 6. Moore, L. W. (1991) Is Ad Theme Racial Harmony or Angel/Devil Stereotype?, Philly.com. [Online] Available at: http://articles.philly.com/1991-09-12/news/25799573_1_benetton-campaign-racial-harmony-oliviero-toscani. (Accessed: December 17th 2014) 7. Elliot, S. (1991) The Media Business: Advertising; Benetton Stirs more Controversy, The New York Times. [Online] Available at: http://www.nytimes.com/1991/07/23/business/the-media-business-advertising-benetton-stirs-more-controversy.html. (Accessed: December 17th 2014) 8. Mezzofiore, G. (2011) Benetton: A History of Shocking Ad Campaign, International Business Times. [Online] Available at: http://www.ibtimes.co.uk/benetton-history-shocking-ad-campaigns-pictures-252087. (Accessed: December 17th 2014) 9. Kenna, A. (2011) Benetton: A Must-Haves becomes a Has-Been, Bloomberg Business Week Magazine. [Online] Available at: http://www.businessweek.com/magazine/content/11_12/b4220021488483.htm. (Accessed: December 17th 2014) 10. Hall, Stuart (1980): Encoding/decoding. In Centre for Contemporary Cultural Studies (Ed.): Culture, Media, Language. London: Hutchinson. 11. Schrà ¸der, Kim Christian. (2000). â€Å"Making sense of audience discourses: Towards a multidimensional model of mass media reception†. European Journal of Cultural Studies, 3:233 12. Salkeld, Richard , 2014. Reading Photographs: An Introduction to the Theory and Meaning of Images. 1st ed. London: Bloomsbury Publishing. pp64-65 13. Benetton Group Website. [Online] Available at: http://www.benettongroup.com. (Accessed: January 11th 2015) 14. Maguire, M. (2003) United Colors of Benetton: A Company Of Colors And Controversies. GRIN Verlag. 15. â€Å"A campaign to combat the culture of hate†, unhate.benetton.com 16. Mahdawi, A. (2012), ‘Benettons Unemployee of the Year is a Flimsy Attempt at Brand-Aid’, The Guardian, [Online]. Available at: http://www.theguardian.com/commentisfree/2012/sep/19/benetton-unemployee-campaign-flimsiest-brand-aid. (Accessed: January 11th 2015). 17. Lidbury, O. (2012) ‘Benetton Launch ‘Unemployee of the Year’ Campaign’, Fashion. [Online] Avalable at: http://origin-fashion.telegraph.co.uk/columns/olivia-bergin/TMG9552570/Benetton-launch-Unemployee-of-the-Year-campaign.html. (Accessed: January 11th 2015). 18. AP News Archive (1994). ‘Latest Benetton Poster Provokes Croat Outrage With Am-Yugoslavia’. [Online] Available at: http://www.apnewsarchive.com/1994/Latest-Benetton-Poster-Provokes-Croat-Outrage-With-AM-Yugoslavia/id-83dd11f663e4b97caf2026954d083f9d. [Accessed 11 January 15]. 19. Morley, D. (2015) ‘Audience Research’, Museum Of Broadcast Communications [Online] Available at: http://www.museum.tv/eotv/audiencerese.htm. [Accessed 11 January 15]. 20. Hall, S. (1973) ‘Encoding/Decoding; Culture, Media, Language: Working Papers in Cultural Studies, 1972-79’, pp. 128-138.

Act 1 :: essays research papers

In any play, the opening act is essential to the purpose of outlining the main themes and characters of the piece. It also reveals the plot and the mood of the play to the audience. Act I of Hamlet is very successful in outlining these aspects and yet is also successful in highlighting the atmosphere of the play and in doing so, suggesting aspects of the play as a whole. Shakespeare communicates this using a variety of dramatic techniques and I will also be outlining these in this essay.One of the most important aspects that is revealed in this act is that of the themes of the play. There are various themes that are suggested but I will comment on those that I consider most important; those of conflict and appearance versus reality. The theme of conflict is one that is emphasised from the start of the Act. The setting which Shakespeare starts the play is dark, desolate and "bitter cold". This aids with the atmosphere of tension as it emphasises the atmosphere that is being communicated; one of tension which in turn suggests conflict. The theme is also established at an early point as even the second line of the play regards a conflict, as Bernado is forced to "Stand, and unfold yourself". From this point onwards the atmosphere of conflict is highlighted by the constant use of military language, "Let us assail your ears...host of heaven". Yet it is also highlighted by other subtle aspects of the Act, the ghost's military apparel and the ongoing conflict between Hamlet and Claudius, "A little more than kin, and less than kind". In my opinion, the need for this conflict to be communicated early in the play was essential as, it is the major theme of the text; Hamlet's inner struggle id the epitome of the conflict in the play and it is this that is the central theme of the play.

Psychological and Sociological Theories of Domestic Violence

Domestic violence is a crime that occurs regularly within the United States. It claims millions of victims each year. There is not a specific cause to establish why domestic violence occurs. However, it has been documented that domestic violence is a product of physical, emotional, sexual, psychological, and any other forms of torture or torment that the particular abuser wishes to employ to gain control or power over their victims (Gosselin, 2005). Due to the complexity of this crime, many criminologists and socialologists have studied its causes and the effects in order to determine social policies and additional theories to better understand the causation of domestic violence. The social policies and theories that are developed from this research can better explain, educate, and assist the victims of domestic abuse, the judicial system, and law enforcement on how to gain a clearer understanding regarding the relationship between crime causation, criminal behavior, and domestic abuse (Greene, Heilburn, Fortune and Nietzel, 2007). Most importantly, the much needed research and data will empower law enforcement with the much needed knowledge to respond and combat the growing epidemic of domestic violence. Crime theories can be grouped into four categories: biological, sociological, psychological, and social-psychological. Each of these theories have assisted the criminal justice system by providing specific knowledge and data that has been helpful with the establishment of laws (specific laws that fit the crime of domestic violence such as the stalking law), sentencing practices (different punishment guidelines for acts of domestic abuse that differ from non-domestic situations), and social policies (aid and education for abuse victims) (Greene, Heilburn, Fortune and Nietzel, 2007). In addition to existing theories, new theories are developed based on the research concluded from studies involving crime victim statistics and punishment of offenders. These theories are established in hopes to develop a means to an end for domestic abuse. Hopefully, there will be a theory developed to end the vicious cycle of abuse so the actions of an abuser can be identified before fatal incidents of abuse begin. When referring to the causation of domestic violence, more than one theory can assist in the explanation of its causation. In my opinion, the sociological theory and the psychological theory best explain the causation of domestic abuse. The sociological theory, otherwise known as the social theory, believes that criminals commit crimes due to social forces, cultural differences, specific religious beliefs, and/or as a result of their surroundings (low income or poverty stricken areas) (Gosselin, 2005). The sociological theory contains two subtopic theories which are called structural and subcultural theories. The structural theory, which applies to domestic violence, believes that individuals who possess low or lack of educational opportunities, a low income status, and/or a lack of community support are susceptible to choose a life of criminal activity (Greene, Heilburn, Fortune and Nietzel, 2007). This theory relates to domestic violence, because it has been established that economic stress is a trigger for abuse, as well as, cultural differences. Offenders that suffer from loss of employment, poverty, limited access to cash or credit, or that have someone who is dependent on them solely for support are, at times, triggered by the stress and lash out on the victim in a physical or emotional manner which results in domestic abuse (Gosselin, 2005). Cultural differences, such as, beliefs that women are inferior to males or women are the property of males, have also sparked incidents of domestic violence which have claimed victims not only in the United States but worldwide. An additional theory that falls under the umbrella of the sociological theory which, in my opinion, explains domestic violence is the rational choice theory. The rational choice theory has laid the groundwork to establish a better understanding regarding social and economically driven behavior (Schacter, Gilbert, & Wegner, 2009). This theory believes that an individual will choose criminal behavior by â€Å"free will† after weighing out the rewards and benefits verses the consequences or punishment for their behavior (Gosselin, 2005). In essence, the abuser will choose domestic violence as a means to the end since they feel control and domination is necessary in order to coexist within personal relationships. On the other hand, if the offender believes the risks outweigh the ability achieve personal gain, control, or satisfaction, he or she may choose not to commit the abuse (Schacter, et al. , 2009). I believe this theory explains the restraint an abuser displays when they carefully select the type of abuse administered to their victims and the length of time they choose to enact the abuse. Most abusers will not openly abuse their victims in front of others in order to deter detection. Detection is not an option for most abusers, since they are familiar with the consequences of their actions. A second example of a theory that would explain domestic violence would be the social learning theory. This theory falls under the category of the psychological theory. The social learning theory is the most relevant theory that applies to criminology. â€Å"Behavior is supported by rewards and extinguished by negative reactions or punishments† (Siegel, 2007, p. 109). The social learning theory believes people are not born with the ability to act in a violent manner. However, theorists suggest and believe aggressive and violent behavior is learned through observation, life experience, and society which will cause an individual to be aggressive and violent to others (Siegel, 2008). It is further believed the behavior manifests in young children when they are subjected to violence and /or aggression they observe from adult role models. In addition, social learning theorists believe this behavior is learned through a process called behavior modeling/modification. The study of behavior is paramount, in order to establish a framework of understanding regarding the motivation behind the abuser’s criminal activity. Behavioral modeling/modification can be described in three principle sources that cause criminal behavior. The sources are family interactions, interactions with mass media, and environmental experiences (Gosselin, 2005). Understanding behavioral modification is important in order to comprehend the root cause of criminal activity. In my opinion and experience with dealing with offenders, the concept of behavioral modification helps to better understand domestic abuse when it occurs from the hands of a previous victim who has turned to a life of offending. There are a number of abusers who claim to have suffered from issues pertaining to relationships with family, had adverse interactions with mass media (pornography), or have suffered adverse environmental experiences (homeless or unemployed) that have caused them to lack the skills needed to maintain a productive relationship within society. The study of family interactions has shown that aggressive children are a part of a family whose members use similar tactics with others, thus, implanting the seed for future abuse. Secondly, studies regarding the effects that mass media have on individuals has shown that video games, television, and other mass media that depicts violence in a rewarding manner, influence the behavior of an individual in a number of ways that can result in future criminal behavior (Siegel, 2008). Lastly, environmental studies regarding he effects society and culture have on an individual, has provided data that concluded individuals from low income areas, which are riddled with crime, are prone to act aggressively more so than individuals who hail from areas with lower crime rates (Siegel, 2008). Thus, observation and learned behavior will lay the groundwork for continued aggressive behavior which may remain with an individual throughout adulthood. Finally, stress due to observing adverse behavior and /or the psychological or emotional effects of learned behavior can be a catalyst for an individual to apply what they have learned by engaging in criminal acts. This may cause repeated cycles of criminal, aggressive, or violent behavior (Siegel, 2008). As we have learned from domestic abuse incidents, a number of abusers do come from low income areas, have endured stress from the observations and learned behavior of others, possess cultural differences, and/or were previously victimized in their lifetime. The cycle of domestic violence is another example that is supported in the psychological theory category. From the previous explanation, it is logical to conclude that the social learning theory suggests the cycle of domestic violence can be explained by the social learning theory. Through learning the weaknesses and observing the shortcomings of a potential victim, the abuser will use their knowledge to enact abuse. The cycle of violence theory, which falls under the psychological theory category, believes there is â€Å"substantial evidence that a generational cycle of violence occurs in domestic assaults† (Gosselin, 2005, p. 77). Many abusers will admit that they have been subjected to a number of factors, such as, being a victim of former abuse at the hands of an immediate family member, have observed the effects of abuse on others, or suffered from stress that allowed them to believe abuse is a means to an end. Personal choice, as referred to by the rational choice theory, suggests the abuser does understand the causes and effects of his or her actions by the selective methods they choose to inflict the abuse. In summary, the exact causation of domestic violence is a mystery. The true and exact reasoning used by an abuser will remain inside their mind unless they honestly offered to explain their actions. Based on statistical data and research provided by criminologists, we can understand the effect abuse has on an individual, as well as, the methods used to commit the offense. Theories are mere suggestions of what may cause incidents. They do not provide the specific answers needed to end the abuse. However, theories do empower law enforcement officers and victimologists with the much needed knowledge to combat abuse and assist victims.

Outline and Assess the View That Vocational Education Simply

Outline and assess the view that vocational education simply trains workers for exploitation. [50] The idea that vocational education allows workers to be exploited is a view held by Marxism. Vocational education is that which gets an individual ready for the workplace, either through a course directly complimenting a skill, like hairdressing, or that which has a broader area of learning. Whilst functionalism sees a great system underlying vocational education, Marxists have a more cynical view of the idea.Vocational education will inevitably have an effect on the economy- hopefully for the better, but Marxists would deny the benefits as overall wealthy, insisting education is a tool in capitalist societies, which control and pacify the working classes. Marxists Bowles and Gintis (1976) suggested that there is a correspondence between educational institutions and the workplace- the working class will stay working class, and characteristics such as self-image, social class identificat ion, demeanour and presentation, will be paralleled within the workplace.Bowles and Gintis also maintained that whilst in school, the teachers were formed in a hierarchical system in which older students seem to be of a higher status than those who are younger; in the workplace, not all workers will be on the same salary in the same department. The overall belief is that the whole system has made it so that the ‘hidden curriculum’ enforces social order, and it marginalises worker, making them struggle for power, and this will create a subservient pool of workers.Durkheim, would disagree along with Davis and Moore, and Parsons, who collectively state that a skilled workforce is a product, and occupational allocation can be a defining outcome of vocational education. This really drives the core values of functionalism, as it seeks to work for the benefit of a consensus society, just trying to get the people back into work and off of welfare.Bowles and Gintis, however can be criticised for determinism, as it is not imperative that all of those who are being educated, hold a passive stance towards the teaching of capitalist values, and it also lumps certain social groups together, thus not motivating change as their argument is that their fate is determined by identification of class and there’ll be no mobility, whilst there are those who have come from nothing and do not show much of a line between education and work- Richard Branson, entrepreneur, for example, ho heads a multi-million pound business, employing many people across the country, despite Branson’s dyslexia and lack of success at school. Willis, regarded as a Neo-Marxist, has also provided critical suggestions against Bowles and Gintis; Willis notes there were ideological factors, but having studied the twelve ‘lads’, there was a mix of perspectives and they weren’t all happy with the ideas of the school, not to mention the rejection of the idea that scho ol was at all important to what they wanted out of life.Willis’s perspective shows a more interpretivist approach in which human interpretation was also quite a defining factor- it was the ideas of the 12, which made them enter the blue collar jobs. Then again, Willis’s sample lacks much representation and precision since the sample is extremely small. Social democracy also favours the merits of vocational education, as it is seen to create a competitive economy.New Labour, therefore, had therefore introduced the New Deal- a scheme in which it was ensured that unemployed people would have either full time education or training for a year, or voluntary sector work. This would therefore, supposedly, increase desirability for employment and would contribute to bringing unemployment and lack of skills down in the nation. The New Labour government did defend its intentions to stop making people so reliant on welfare packages like incapacity benefit.It’s solely for th e purpose of getting people into work, and not for the cause of that workplace paying sub-sufficient wages. However the voice of opposition says that the compulsory implementation of this would restore power at the top, and especially with voluntary sector placements, cheap labour would indeed be used to some effect for a long period of time, saving some businesses potentially thousands on each person every six months.Another grievance was put forward by De Waal (2008), who has argued that vocational GCSEs, which are accessible through local colleges and NVQs, are not relevant- they lack the teaching of valuable skills- only to raise the achievement of those less academically endowed to pass the government’s expectations of five A*-Cs at GCSE, as these course have been disproportionate weighting in which the qualification can stand for five GCSEs.It also comes to mind that age 14, an individual won’t be thinking terribly hard about their future ambitions- or at least m ore realistic ones- 14 is too young to allocate them a place, when there are fears that it could reproduce the effects of the tripartite in which superficial role allocation would be used.Hoelscher’s (2008) findings may give direction to some justification of the idea since it was identified that most people in vocational education had proceeded to university, given such status since 1992- ex-polytechnics, for example and that would affect both course and future employability, at least in the field to which their degree applies. Davies and Biesta (2007) can partially reflect this.The couple argue that the experiences will be wide-ranging and will reflect both extremes, from genuinely whole-hearted programmes to get unemployment and dependence down, too, for the benefit of spending less on welfare, whilst the worst could provide almost worthless experiences and a temptation for companies to take advantage of cheap labour – cutting their spending on employment, whilst ge nerating some profit out of their presence at the workplace.This would imply that it is not the cause of vocational education, solely, but more the individual interpretations and experiences- like most things, there will always be those trying to benefit from some kind of system. In conclusion, vocational education- like all education- is going to have two large factors: interpretation and attitude of the individual, and the discipline/ ideals of an institution. It plays a genuine role in at least attempting to do well for society, and not for those CEOs sitting on the top of bonuses.The Marxist evaluation seems almost ungrateful of education overall as it condemns, with theorists such as Bourdieu. Marxism takes individuals as gullible people, who are all part of a single label, which is damaging to the future of vocational education; it is a genuine move towards a more desirable economy, and markets; we all want to thrive and prosper as a nation, rather than suffer at the hands of the minority who are apathetically sponging the unemployment benefits.