White Privilege Essay Example for Free

sinlessness Privilege EssayHow America came about is fascinating, and learning about immigration, rights, laws, and racism makes learning much beneficial. It helps you to find why we, as a nation, are they way we are today, and why we lead continue to be stuck in our ways. check to James Barrett and David Roediger, The Story of Ameri roll in the hayization is vital and compelling, but it took domicile in a nation also obsessed by racethe process of becoming albumen and becoming American were connected at all(prenominal) turn (36). One of the more or less contr everywheresial topics is lividn exemption and discrimination.Segregation indoors school systems has been a dominant problem in the past and pass on always continue to be. Being countenanced is a something that individuals should be conscious of due to their past and understand that it is a privilege to be white rather than to be discriminated against. Becoming conscious of wholeness and only(a)s own whit e privilege is the first pace to understand the deeper meaning of racism and discrimination. My intentions of writing this paper were to describe a situation in which I was conscious of my own white privilege.White privilege was always on my side until highschooler(prenominal) school where I felt as though I was discriminated against as being a petite, white girl, from quality Allendale leaving me to been seen as an easy target. While at my locker one day during lunch, I was approached by two of the black students (one male and one female) and a Latino girl, and they tried to convince me something hurtful was written about me in the bathroom. Being that I am not the type to care, get involved, or respond, I turned to walk away. The Latino girl proceeded to grab my hair causing me to turn and face her and she punched me square in the face.After several minutes of arse and forth wrestling and punches, the raise up was broken up my teachers. It turns out that at that place was n othing written about me, they were just trying to get me into the bathroom to fight me, opposed to the hallway which is out in the open. All three of the students that were there were taken to the principals stake immediately and suspended for two long time whereas I got off free and I was allowed to go back to my day. During the duration of the day, one of the African American men left the principals office in rage and had a mission to destroy all my belongings in my locker.The boy pried open my locked and poured a bottle of soda all over my books, note books and belongings. After I reported this to our principal, he held the three students involved in the fight until one person came clean about who had been at spot for ruining my locker. It turned out, that no one admitted to it, and they were all suspended even longer than originally for not fessing up. The following week, none of the three students attended my high school whatevermore and I was told by my principal that the y left to attend other high schools in surrounding towns. After this incident, I consecrate never come into contact with any of them ever again.However, several of my male friends found out what happened that day and wanted nothing but to get revenge and visit against them and show them who runs the high school, being that whites are nonage. I became very conscious of my white privilege growing up in a one-square mile suburban town of Allendale, New Jersey. My entire educational career through eighth grade consisted of white, middle-to-upper-class Americans. All the people were similar, with the same morals, values and beliefs. Everyone dressed similar and covey similar cars, partook in the same activities and hung out in specific niches.At this point in my life, I could say I could correlate my life to Peggy McIntoshs article when she describes the matrix of white privilege There was one main piece of cultural turf it was my own turf, and I was among those who could the turf. I could measure up to the cultural standards and take advantage of the many options I saw around me to make what the culture would call a success of my lifeI could gauge of myself-importance as belong in major ways, and of making social systems work for me. I couldbe oblivious to anything outside of the dominant cultural forms (295).It wasnt until high school where I thought I would potentially move out of my small town bubble. My high school is regional students from Allendale, along with the surrounding towns of Ho-Ho-Kus, f number commove River and half of Saddle River attended. Being that I came from much(prenominal) a white school system, the thought of going onto high school and being border by students of other races and ethnicities is something that never crossed my mind. I was never taught about the disadvantages of being white, but rather I learned about blacks and their disadvantages of dealing with racism. everywhere the years, little was taught about racism and what it stood for, instead we were just told that this is what happened to people when they were of different races and ethnicities back in the day. The article by Peggy McIntosh describes how whites are taught to think of blacks As a white person, I realized I had never been taught about racism as something which put others at a disadvantage, but had been taught not to see one of its corollary aspects, white privilege , which puts me at an advantage(291). Being white was never something that I had to deal with in or outside of school, or even within my familiarity.I wasnt necessarily shocked to walk into high school my first day to find only a select few of Latinos and African Americans. However, these were things that I never thought about or even had to think about. The few Latinos and African Americans came from Upper Saddle River and Saddle River. I was never stereotypic of these groups of people until I was surrounded with people from towns that had engaged with these people all the way up through high school. The Latinos in my school all stuck together, as well as the three African Americans that attended my high school.I feel as though this particular situation involved me having the white privilege advantage and it seems as though my white privilege helped to get me out of trouble. I should have gotten in trouble for self defense and throwing punches back, but I feel as though since I had never caused problems before, and they had been the center of most of the problems I was let go with no punishment. The students that got in trouble, were seen as troublesome students because of their past, where I had a clean record with no reason to suspect I was the start of the brawl.Considering my school is mostly made up of white students and entirely white faculty, when the three students got in trouble, it was probably a stereotypical decision based on non-whites. Blacks have always endured pain and agony as, victims of discrimination, segregation, and violence , blacks in the North encountered a powerful cluster of negative racial images. These stereotypes contributed to the conditions of racial degradation and poverty, which, in turn, reinforced prejudice (Takaki 107). This excerpt further explains that stereotypes bring and the negative racial images will forever be a part of the everyday lives of blacks.The primary reason of why the situation occurred, I believe dates back to sundown towns. Beginning in about 1890 and continuing until 1968, white Americans established thousands of towns across the United States for whites only. A sundown town is any organized influence that, for decades, was all-white on purpose. Many towns litter out their black populations, and then posted sundown signs. Other towns passed ordinances barring African-Americans after dark or prohibiting them from owning or renting property.Evelyn Nakano Glenn helps to further explain the regulations, White controlled municipalities passed ordinances creating racial z ones. When these laws were found to be unconstitutional, whites formed neighborhood associations and turned to private arrangements such as economic boycotts, violence, and restrictive covenants. These restrictions deprived blacks of a central part of liberal citizenship, namely property rights (37-38). This is proof that the African-American populations had no choice but to leave because they werent welcome.No one would support their businesses or wanted anything to do with them they were literally driven out of these towns and wouldnt stand a chance if they stayed. Being that the town of Allendale where I grew up was a sundown town, which is the most obvious explanation as to why I grew up surrounded by all whites. Moving onto high school, the other regional towns of Ho-Ho-Kus and Upper Saddle River were sundown towns as well. This plays a huge role in the situation at my high school because people of color and different races are concentrate on more and white students carry all the dominant privilege.If I had been a different race I think the entire situation would have never occurred because I would probably be a person that was known for affiliating with them. If I had been black, I would have probably felt like I should stick with the other three black students in the high school. The situation would have been the same if I were Latino or another race. Segregation unbosom takes place in America and being one of only a few black families within your community will be a repetitive speech rhythm for black families looking to move to our dominantly white community.According to Douglas Massey When avenues of spatial assimilation are systematically blocked my prejudice, and discrimination, however, residential segmentation increases and persists over time. New Minorities bewilder in the city and settle within enclaves, but their subsequent spatial mobility is stymied, and ethnic concentrations increasewhereupon group members are forced to adjacent areas, thus expanding the boundaries of the enclave (225). I feel as though since my region of New Jersey is predominantly white, what would things change now?Why would blacks and ethnic families feel inclined to move to a neighborhood where they stand out? Especially for African-American families, my town along with the surrounding towns do not sell African-American hair products in any of my supermarkets or pharmacies nor are there salons where African-American women can go to get their hair braided. My community has adjusted to the white population and being that my town is so small, I feel as though it would take dramatic lengths to change the way our community functions.Being white, I feel as though I benefited from the whole situation because I did not get in trouble for punching the girl back, and I did not get suspended. I was allowed to return to my day at school as though nothing happened while they were kept in the front office until school was let out and were suspended for the rest of the week (2 days). This experience made me think about my race in a different way because I had never encountered issues with non-white people, because I was never around them. advance from a primarily white school, white students stand to make white privilege stick out like a sore thumb.It helped me to understand that white people dominated my school population and that this would have never been an issue if the school had always been made up of a majority of other races and ethnicities. It is as if the select few minorities felt as though they needed to stand up for themselves and prove that just because there are so few of them they can still run the school. The three students involved, I feel, chose to leave due to feeling like they were discriminated against and treated differently than other students.They could have felt mistreated or felt that being out numbered was a disadvantage for them. Moving to surrounding schools definitely made them feel like they belonged b etter because I know there were mixed groups of people outside of our high school district. Being that ninety-nine percent of my school was white could have made the few students feel fright and make the white students angrier and feel the need to gang up on them after this incident, almost to prove their white privilege.This incident correlates to issues of citizenship and my ability to participate as a full and equal member of American society because I suffered no consequences from the incident except for a bloody hooter. A bloody nose is a temporarily occurrence but because of what happened, it hasnt affected me being a full and equal member in the American society. It has however, affected the minority students at my high school, and drove them away. As described by Evelyn Glenn, At its most general level, citizenship refers to full membership in the community in which one lives.Membership in turn implies certainreciprocal duties toward the community (37). These black studen ts are citizens but they do not live in a community with other African-Americans reside. They can be still be involved in the community but the families as a whole might not be as eager to get involved as they are outnumbered and may feel their voices may not be heard or make a difference. There are a few potential long term consequences of white privilege for myself that will be with me as long as I live.Being that Quinnipiac University is not very diverse, but more diverse than my high school, it was difficult to get used to seeing people of color and different ethnicities every day. I do not believe growing up in an all white community has been beneficial to me, and I wish I was more natural around people of different races and ethnicities. It is unrealistic to say that I will never have to deal with this, but in the real world, and when decision a job, you will be presented with a variety of people that may even become more of friends rather than co-workers.Someones accent or sk in color does not determine what kind of person they are, it is their personality that makes them who they are. I also believe in regards to the incident, if I had been at fault, and was suspended for my actions of self defense, I would have not been able to attend a prestigious school such as Quinnipiac. When applying for colleges, most applications ask if you have ever been suspended, such as the Quinnipiac application which asks if you have ever been suspended or missed significant time from school.I would have then had to explain the situation and how I was suspended for self defense. If colleges see that you are a troubled student, and have a record for misbehaving, they will not accept you to their school. Community colleges of lower rankings will be more willing to accept a student with a past, rather than a private school like Quinnipiac University. Discrimination and segregation still exist today. The past makes up the present so learning about what people of all races and ethnicities went through in history is important as a citizen of the United States.Everyone, in some way, or somehow, has dealt with discrimination whether it is you or friends and family. While on the other hand, it is imperative to pay attention to your privileges and understand what it means to be American. Works Cited Barrett, James E. , and David Roediger. 2005. How White People Became White. Pg. 35-40 in White Privilege Essential Reading on the Other Side of Racism, 2nd Ed. , Paula S. Rothenberg, Ed. New York worth Publishers. Glenn, Evelyn, Nakano. Citizenship Universalism and Exclusion. Pg. 18-55 in Unequal Freedom How Race and Gender Shaped American Citizenship and Labor.Cambridge Harvard. Massey, Douglas S. How Space Gets Raced. Rethinking the Color Line. By Charles A. Gallagher. 3rd Ed. New York, NY McGraw-Hill, 2007. 225. McIntosh, Peggy. 1997 White Privilege and anthropoid Privilege A Personal Account of Coming to See Correspondences through Work in Womens Studies. Pg. 290-99 in Critical White Studies Looking Behind the Mirror. Richard Delgado denim Stefancic, Eds. Philadephia Temple University Press. Takaki, Ronald T. A Different Mirror A History of Multicultural America. New York, NY Back Bay, 1994. 108.

Examine Shakespeares presentation Essay Example for Free

Examine Shakespe argons presentation EssayWhen Hamlet was first performed in 1601, England had been successfully ruled for forty-three years by Elizabeth I, a strong and authoritative monarch who reigned without a male counterpart, establishing England as one of the near designerful and prominent countries in the world. This is proof that wo custody can be as successful as men however women were still seen as aid class citizens, and property of their husbands, during the Elizabethan period. Polonius says of Ophelia I have a daughter have while she is mine. (2.2, air travel 106).This is reflected in Shakespeares portrayal of women in Hamlet, which shows Gertrude in a very different light to Elizabeth Tudor. For valet de chambrey years in the past, many women played a elfin role socially, economically and politically. As a result of this, many works of literature of this time, including Hamlet, were reflective of this diminutive role of women. Shakespeare suggests the da nger of womens involvement in regime at the sovereign level, and reflects the publics desire for a return to a state of stability through a change to a patriarchal system.We can try out Shakespeares presentation of women in Hamlet through the way the two women in the play, Gertrude and Ophelia, are treated by the men in their lives, and by analyzing the context in which they are referred. The first time Claudius refers to Gertrude he says Our sometime sister, now our Queen, Th imperial jointress of this warlike state, (1. 2, lines 8-9) which shows how he took advantage of his breathless brothers wife whilst she was still melancholy her husbands death to settle his place on the throne. She marry.O most wicked speed, to post, with such dexterity to incestuous sheets. (1.2, lines 156-157) Here Hamlet is accusing his mother of decomposition be creator of her improper sexual activity and marriage. Even though a marital bond existed between Claudius and Gertrude, the rushed and inc estuous aspects of the marriage enrage Hamlet. The couple were married less than three months after the death of Hamlets father, and in Hamlets eyes, Gertrudes actions have defiled her character. Royal sexual activity created concerns nearly both power and purity in the Elizabethan world. As women had no opportunity to fight on the battle field, chastity was the principle measure of their honour and virtue.Therefore Hamlets opinion of his mother has a negative reflection of a womans virtues. Sir Walter Mildway, 1510, said Choose thy wife for virtue provided. Elizabeths sexual conduct drew public attention, and she publicly vowed her purity, even adopting the title pure Queen. When King Hamlets ghost appears he refers to Gertrude as his most seeming-virtuous Queen. (1. 5, lines 4-6) He is expressing his belief that Gertrude had always seemed faithful, but now she has married much less of a man she has dishonoured him, and lost all his respect and trust.Even though Hamlet and hi s father are seeking revenge on Claudius, they continue to speak of Gertrude. In his bite soliloquy we expect Hamlet to be expressing his hatred towards Claudius, however he is focusing all of his energy on this most pernicious woman, (1. 5, line 105) who is his mother. This dis-belief at his mothers behaviour is understandable, however, as it is so soon after his fathers death, and you would expect Gertrude to still be mourning the death of her husband that she apparently loved dearly. One of the most famous quotes regarding women in Hamlet is debility thy name is woman. (1. 2, lines 146-147) This quote sums up the attitudes of the male characters in the play, that women are by far the weaker sex and gives us a clue as to why the men treat Gertrude and Ophelia with so little respect. In 1558, writer, John Knox described women as weak, frail, impatient, feeble and foolish. Emphasizing the way that women were viewed at the time Hamlet was written. Both the women are greatly contro lled by the men of the play, particularly Ophelia who is a good deal told what to do and who has been treated as if she does non have a mind of her own all her life.When asked a question Ophelia often replies with I think nothing, (3. 2, line 118) and when she does express an opinion it is dismissed. Polonius says Affection? Pooh, you speak like a green girl unsifted, (1. 3, line 101) which is extremely patronizing, saying she speaks like an inexperienced and untried girl who does not know what she is talking about. Ophelia could have an out-going personality however, she is so oppressed that we never get to see a true reflection of her character, due to the constraints of the society she is living in.We even hear Gertrude, the Queen of Denmark, saying to her husband I shall obey you. By obeying the men and giving in to a passive existence Gertrude and Ophelia are living up to the label that women are the weaker sex. The men give good advice to both women, tell them what to do a nd when, Polonius tells Ophelia not to give her virginity away too easily when he uses the metaphor set you entreatments at a higher rate then a command to parley, (1. 3, lines 122-123) where her virginity is compared to a castle under siege.Even though Polonius is Ophelias father, he seems to have no respect for her, or her privacy, and rarely thinks of how she may be feeling. He reads Hamlets love letters out-loud to the King and uses Ophelia as bait to improve his image in front of Claudius, which is extremely self-centered and obsequious. Another quote that really stands out in Hamlet that shows how little respect the men have for Gertrude and Ophelia is Get thee to a nunnery. (3. 1, line 121) This is Hamlet telling Ophelia that because he can not have her, no one can, so she has to go to a nunnery, away from all other male contact.He does not ask her how she feels, and is willing to make the rest of her life miserable simply because he can not be with her. It never even occurs to Hamlet that she business leader be willing to move on and find someone other than him to spend the rest of her life with. After the nunnery scene, Ophelia speaks to Polonius and we hear her opinion for the first and only time. She presents herself entirely as the victim of Hamlets rough treatment.She says I of ladies most deject and wretched, that sucked the honey of his musiked vows, (3.1, lines 158-159) showing how Ophelia had believed in what Hamlet told her and how she feels dejected about the fact that he claims to have never loved her. God has given you one face, and you make yourselves another, (3. 1, lines 145-146) is Hamlet saying that women wear too much make-up and in doing so are deceiving men into thinking that they are something that they are not. He accuses Ophelia of being a typical woman and is therefore not treating her as an individual.He says For the power of beauty will sooner transform honesty from what it is bawd, (3.1, lines 111-112) explaining his opini on that beautiful women are untrustworthy and insincere. Even though Hamlet accuses women of this, he is saying it in the heat of an argument so he may be exaggerating and may not be giving his true opinion. Ophelia hardly says a think binding to him though, again reflecting the idea that women are frail and passive. Throughout the play Hamlet makes reference to prostitutes, and seems to make a connection between women, sex and corruption. When Hamlet and Polonius are speaking he says For if the sun breed maggots in a dead dog, being a good kissing carrion. (2. 2, lines 184-185) He uses this metaphor of a dead dog, and a pun on the word sun, to make the point that if the son (Hamlet) kisses the daughter (Ophelia) then she may breed, like the maggots in the dead animal. The characters of the play often refer to sex in a negative manner, and it is never described as a loving act between a couple. In Hamlets second soliloquy he is blaming himself, and compares himself to a slatternly woman saying that he must like a whore, unpack my heart with words, and fall a-cursing like a very drab, a stallion. (2.2, lines 592-594) His references to women are always negative, and he presents them as objects that men can use for sexual pleasure whenever they want.The final point to make about the way Shakespeare presents women is the fact that Ophelia is the only character driven to suicide, and that she is one of only two women in the play. This is possible another way for Shakespeare to make his point that women are by far the weaker sex. Audiences today would find the way that the women in Hamlet are treated extremely surprising as today women are so much more independent.Instead of being a husbands possession, a wife is seen as an equal. Women today have the freedom to be more open-minded, and are allowed to persona opinions other than their husbands. Women today have almost total sexual freedom as well, so the connection between women, sex and corruption would probably cause mixed reactions. This, however, also brings me to the point that even though Shakespeares presentation of women is negative, so is his presentation of men.He shows the men being insensitive, selfish, oppressive and shows them treating women with very little respect. Frailty thy name is woman, no longer applies to the women of the 21st Century as there are more or less equal opportunities for men and women now, and everyone has the same reproduction and job opportunities no matter what sex you may be. I think that this quote sums up Shakespeares overall presentation of women and the treatment of Gertrude and Ophelia shows us how women were oppressed, and often seen as objects rather than human beings.

The Effect Of Intercultural Communication Cultural Studies Essay

The Effect Of Interethnical Communication Cultural Studies EssayAs the human is becoming a world(a) village, Intercultural dialogue or cross-culture communication is becoming necessary for a successful multicultural society much(prenominal) as Australia. For e.g. nature of the relationship between nonrecreational communication and other forms of organisational communication the relationship between professional communication and organisational outcomes such as employees job satisfactionandthe consistency of these communication relationships across cultures. In a contemporary world intercultural communication is used to share ideas, put one overs, technological innovations, resources locally and around the globe. The essay examines five questions concerningthe significance of Australia intercultural communication in tie-up of the world, intercultural communication purpose of amicable media such as Facebook, intercultural communication effects on communication proficiency, out comes on social, political and culture values by intercultural communication and finally effect of various type of communication like verbal, non-verbal, written and visual on intercultural communication.INTRODUCTIONIntercultural communication is defined the wide range of problems in communicating different religious, social, ethnic, and educational backgrounds. It is also synonymous with cross culture which means how different cultural background transports is similar and how efforts they put in communicating across different cultures. Nowadays the world is on a path of becoming a global village. Hence, Intercultural communication in Australia is playing a merry theatrical role in sharing technologies, ideologies, thoughts etc. In this topic we will establish the five key components of intercultural communication which are global view, social media such as Facebook, communication competency, social, political and cultural values and various type of communication like verbal, no n-verbal, written and visual.SECTIONWith the initiatement of globalization in the world it is becoming global village. Intercultural communication has played a big part in inter subject summit by sharing views, business and economic activities, social, political and technologies innovations, resources locally and globally. However, with national societies becoming more diverse and international contacts becoming common, communication researchers can no longer assume a cultural or a uni-cultural stance. People are more frequently involved in situations where intercultural communication is required, and when intercultural communication is neglected, its difficult to recognize. In this essay we will focus on some creative perspectives and discussions on several aspects of intercultural communication. There are five components of intercultural communication need to be highlighted. Firstly, importance of Intercultural Communication in the global view of the world are (a) The situation o f communication itself, e.g. the socially conventionalized roles adopted by participants, their expected norms of interactions and interpretation, the counseling they construct a divided up sense of reality, (b) The stereotypes they repute of each other, as individuals and as members of a social group, (c) Their non-verbal and para-verbal behavior is improved locally and globally through intercultural communication, (d) The way they save their own and each others face, (e) The way they structure their discourse to meet their communicative goals, (f) The attitudes, values and beliefs (called also discourses) they share with the social group they belong to which might also encourage them to improve their ethical code as individual or society or culture, (g) The way their language reflects these deeper discourses, (h) They way members of different groups realize various speech acts (like making compliments requests or apologies). In Australia intercultural communication core importan ce of understanding other cultures is because the word in which we are is global village and we are interacting different culture pack them in person or through technology. Another reason would be that Australia is the most multicultural society in the world. However, many of us are unwitting of our own unique cultural background when we communicate ourselves, still when other multitude break particular rules, disappoint us or even breach us then we are aware of them. We believe that intercultural communication would inspire corporate culture, educational staff, human rights officers, employment equity managers, government policy makers and politicians to develop and maintain global organization. It is vital that each individual and group promotes intercultural communication events and encounters, only after they have undertaken a critical self-reflection of their own stereotypes and prejudices.Second to discuss the role of social media such as Facebook in Intercultural Commun ication, with its distinctive features social media made human society to a highly interconnected and complex level, barely at the same time, it challenges the very existence of human Communication in the traditional sense. Social media not only influences the form and content of information/messages, but it also affects how population understand each other in the process of human communication, especially for those from different cultural or ethnic groups. Facebook have enabled people from every corner of the world to represent themselves in a particular way and stay connected in cyberspace. It is obvious that the flexibility of information presented and shared in the social media will directly affect, either positively or negatively, the development of intercultural relationships in the virtual community through the creation of a mesh of personal connection. Educational potential of social network in intercultural communication, the use of Facebook as a social tool to aid the s ocial aspects of the transition from tutor to university (Madge et al., 2009), the difficulties and benefits of social media for university students (Thelwall, 2008) and the identity-work students do on Facebook as they negotiate the expectations of peers, tutors and the university as an institution (Selwyn, 2009). Content analysis revealed that Facebook mainly used for two purposes. Firstly, for human contact (like chatting and banter) and siemens purpose is to seek advices, mentor and gather information from the practical experiences of others from groups or site. Mostly professionals would agree that social network such as Facebook has enabled us to communicate easily with our professional colleagues, both locally and overseas. Moreover, these social networks convenience have revolutionized in our business practice. On the one hand, intrinsically, the new culture emerged from social media because its creating a continuity gap between traditions and innovations within a culture . Before the social media arises, according to Bagdasaryan (2011), traditions and innovations in society co-existed vigorously, but the effect of the social media resulted in the unfitness of traditional values to keep pace with the new cultural values produced by interacting with different culture through social media. This cultural gap has caused clog in understanding or communication between generations and among people in the same culture.Third aspect to discuss the impact of Intercultural communication on the communication competency, there is no denying that the various cultures of the world are far more accessible than ever before, and that the peoples of these cultures are coming into contact increasing day by day. These contacts ultimately developed based on interpersonal relationship. Whether it is the negotiation of an arms treaty, or the settlement of a business contract, class lectures, cultures do not interact, people do. Therefore, Communication competence is go thr oughed very broadly as an impression that behavior is appropriate and effective in a given context. Normally, competence is considered ability or a set of skilled behaviors. Competence cannot inhere in the behavior or ability itself. It must instead be viewed as a social evaluation of behavior. This social evaluation is composed of the two primary criteria of appropriateness and effectiveness. Appropriateness means that the valued rules, norms, and expectancies of the relationship are not violated significantly. long suit is the accomplishment of valued goals or rewards congenator to costs and alternatives. In figure 1 we can see the model of communication competence.Figure 1 uphold of intercultural communication on communication competence can be divided into three levels of analysis (1) individual dodge, (2) episodic system and (3) relation system. The individual system possess those qualities as an individual that are competent in normative social sense such as communicator co nfidence increases, efficacy beliefs increases, approach dispositions increase, the relative cost/benefit ratio of a situation increases, communicator motivation increases. Communicative knowledge increases, communicative competence increases, task-relevant procedural knowledge increases, mastery of knowledge-acquisition strategies increases, identity and role diversity increases, knowledge dispositions increase, communicator knowledge increases. Communicator skills increase, conversational altercentrism increases, conversational coordination increases, conversational composure, adaptation and expressiveness increases. The episodic system includes those features of actor which show a competence impression over a specific part of cofactor in specific episode of interaction. Actors communicative precondition, motivation, knowledge, skills increases, contextual obstruction of Actors performance increases, Actors normative violation of Coactors negative expectancies increases, Coactors impression of Actors competence is a function of Actors termination of Coactors expectancies, Actors fulfilment of Coactors competence prototype expectancies increases, Coactors impression of Actors competence increases, Actors receipt of valued outcomes increases, main impression of Actors competence increases. Actors extant-attributed communicative status increases. The relational system assessed a person competence across the entire relationship rather than a given episode of interaction. As mutual fulfilment of autonomy and intimacy needs increases, mutual attraction increases, mutual trust increases, access to social support increases, relational network integration increases, relational competence increases.Fourth aspect to discuss is the effect of Intercultural Communication on social, political and cultural values. The political, economic, cultural, social changes caused by globalization have made an impact on communication in general and on communication among different g roups of people in particular. Nowadays, globalization means openness to cultural changes, to new opportunities for a cultural (and inter-cultural) dialogue. But globalization also threatens the survival of cultural traditions which should be strengthened with the objective to safeguard national culture and especially the possibility for national culture, national identity to survive in the world of globalization. In order to carry out efficient intercultural communication, people should understand and focus on cultural identity more. Jameson stated that cultural identity which refers to a persons status in a group includes six components vocation, class, geography, philosophy, language, and biology. Jameson found that economic, social and educational classes often define groups of people who share common values, behaviour, and attitudes these cultural groups also cut across national and ethnic lines (Jameson, 2007, p.212).CONCLUSIONIn summary, the increase in international business requires the manipulator to grasp the knowledge of multicultural and cross-cultural communication skills. Obviously, cultural identity, as an important part of intercultural business communication, is a key factor that enterprises have to consider when they conduct the market development and business negotiation. Thus, the components of cultural identity, like the class, geography vocation has been attracted more and more attention by the companies.

Social Work Theories Analysis

surface-disposed Work Theories AnalysisIntroductionSocial ready brings about sociable change. It addresses complex relationships between pieces and the environment. Social take a leak involves analyzing human puzzles and addresses issues to resolve injustice, discrimination, and dysfunction. Thus, according to International Federation of Social Workers (2000 qt. Ramsay 2003), the fond naturalize profession give notice be defined as a profession that promotes brotherly change, riddle register in human relationships, and the empowerment and liberation of hoi polloi to enhance substantially-being. Using theories of human behavior and hearty systems, social move intervenes at the points where people interact with their environments. Principles of human rights and social justice are primordial to social give. Social work profession is bottomd on the funda noetic interrelation of a system of prys, guess and manage. Although over the years, the definition of social wo rk has undergone tremendous transformation. Neverthe little, the essence of its humanitarian and democratic ideals of social work through the centuries has remained the same. Today, social work has a global context and professionals follow national and world(prenominal) code of ethics that invent the scope of their work more complex and challenging. Moreover, social work professionals also draw their experiences from accepted methods genuine through arrogant evidence- base knowledge from extensive look for designed for both specific and general practices (Ramsay 2003). Theoretical role models form the basis of their paygrade of human behaviors, development and social systems and change them to resolve the paradoxs inherent therein.Social Work TheoriesSocial work theories have their roots from the need to develop a disciplined approach to social work. By adopting common principles, social professionals were able to focus on the social goals. Charles Loch developed this conce ptual framework during the early 20th century. Later social work scholars withalk up his seminal work. During the 21st century, ren testifyed Harriet Bartlett (Bartlett 1970) had taken up and continued to develop professional frameworks for social work to articulate words, terms, concepts to represent the important facets and components of the professions practices as a whole. As more and more formalized ideas, theories and disciplines formed, social work has come to be acknowledged as an independent discipline with subset knowledge and systems for dealings with problems of the society. Bartlett (1970) also further reiterated the three key concepts person, interaction and environment as the basis for social work practices. Any theory developed with the run into to examine, prise and resolve social issues must(prenominal) be based on these three key concepts.Given the above background on the development of social work theories, the investigator now shall discuss theories of p articular interests, which are the theories of problem solving and psychoanalytical. In the following discussion, the researcher shall trace the theories in its historical context, values, concepts and fittingness with the strengths approach. The strengths approach basically involves challenging the traditional problems-oriented way of working through training, expectations and work experience of professionals. The problems are and then resolved through developing a collaborative framework based on examination of the professionals strengths and imaginations for positive growth and development (Morgan 2006 Wormer and Boes 1998).Problem-Solving Theory Social Work TreatmentAccording to Duncker (1945)A problem arises when a living creature has a goal precisely does not know how this goal is to be reached. Whenever one cannot go from the given situation to the craved situation simply by action, then there is recourse to thinking such thinking has the task of devising some action whi ch whitethorn interrupt between the existing and the sought after situations.According to this definition, a problem arises when it is not clear to the individualistic what action(s) are to be taken to achieve some desired goals. The action to rectify this problem is known as problem-solving. Problem solving starts from a given situation where the problem or state of the situation requires supernumerary knowledge to work towards its solution (Anderson 1980).Problem-solving theory has its developmental origin to Herbert Simon, Alan Newell and colleagues at Carnegie Mellon University during the 1980s (Patel 1991 Newell and Simon 1972). The general theoretical approach is that problem-solving theory is based on a given problem-solving situation. The second premise is that knowledge is a set of rules that specify actions to be performed in specific situations. The third premise is the distinction between light-headed and strong methods for resolving problems. Thus, an expert is ex pected to utilize the set of rules to find the solution for the given problem situation by using forward logical thinking or reflections. Alternatively, problem solving can involve using exhaustive knowledge base for deductive reasoning and assessing the validity of the hypothesis or goals against the facts given. This is a backward reasoning approach (Patel 1991). Newell-Simon theory of problem solving describes processes for developing expert systems in cognitive psychology, which forms the basis for other experiments in specific fields.Social work fieldIn social work field, problem solving has its origin in the concept of social change developed by Helen Harris Perlman of the University shekels (1957). In her work Social Casework A problem-solving process, the author views casework and problem solving synonymous which are based on constant chemical elements, forces and processes. The constants form the reasoning framework for analyzing problems just as humans solve their daily problems. Learning is developed when individuals are involved in organizing, synthesizing and imagining the solutions of the problems (Perlman 1957). Perlmans theoretical framework is contain to the casework components such as the individual, problem, place, process, expert relationship and the resolution to the problem. The emphasis is more on the components rather than on the problem solutions itself and the scope of the solution is limited by the casework situation.Alternatively, Compton and Galaway (1979) also developed a problem-solving model for social work practice, which emphasizes on intervention and beyond processes. According to their theoretical framework, problem solving is connected with human relationships in a dynamic manner, which may involve partners, family members, friends or co-workers or group relationships such as race, ethnicity, gender or religion. Social works can resolve problems depending on the micro, mezzo or macro level practice they are involved in. Compton and Galaways (1979) problem-solving theory is based on two phases first the definition of the problem must be established for identification of intervention methods. The second phase involves intervention methods based on the problem context defined by human, societal and visible environment. Thus, Compton and Galaways (1979) problem-solving theory is based on human relationships with the environment and other individuals. The focus is on intervention rather than on the problem itself.These investigations and conceptualization leads to the unified theory of problem-solving, which holds that experts process new information and integrate it into their existing knowledge base which helps them to recall and deal with situations rapidly through forward reasoning indoors limited time span and scope. There is little account for differences in complexities in domains and situations. For this reason, the problem-solving theory is only valid for responding to domains that are appar ent through explicit patterns of results.From the social work practice, context problem-solving theory presents social worker as the expert and the source for intervention, and the individual with the problem as the client of the environment. The worker encounters problem situations inside the work environment. To resolve, he/she refers to activities that co-workers or peers have undertaken on behalf of clients. Working with the client, the social worker analyzes, and identifies problem commonality to resolve it through group relations. Hence, problem solving in the social work practice means participation and direct involvement of the client with the worker (Sheppard 1991).Intervention methodAnother underlying element of the problem-solving theory is the intervention method. Un desire early perception of social workers, the value of work is not gauged by the duration of its intervention. Instead, it is gauged by the significance of the knowledge base used to analyze the problems to develop solutions. Therefore, intervention is further defined by the relationships of interaction among individuals involved in the problem. The social worker is the support element who is prudent for mediating between the environment and the person (Sheppard 1991).As an intervention method, problem-solving method is dynamic in the instinct that it mediates problems by resolving on a case-by-case basis. apiece individual problem in this theory is unique and is defined by the individual, relationship and context of the environment which makes it versatile in addressing numerous problem solutions. Furthermore, the pickax of forward and backward reasoning helps social workers to analyze and determine problem solutions from different perspectives depending on the character of the problem. In the social work context, this is a worth(predicate) tool as it allows individuals to work on a case from the grassroots level, without having to eliminate vital facts and situations to achieve desired social goals.Furthermore, the researcher is of the view that problem-solving theory, though limited by the expertise and knowledge base developed by peers and colleagues, is flexible in allowing new avenues to be included in the problem-solving process. As workers work their way through resolving the problem, they discover new facts, and perhaps new solutions, which might be different from the initial premise that they have set for its solution. From a strengths perspective this implies that problem-solving methods add new resources they enrich the experiences of the social workers by allowing them to explore new perspectives and add value in developing new approaches for solving similar albeit unique problems.Psychoanalytic TheoryThe study of the unconscious was relatively schematic and meager before the advent of Sigmund Freud. For this reason, it could be said that Freud was the pioneer in psychoanalytic theory. Freud held that the human mind takes into account of trans actions within the limits of the body. Unlike traditional belief that the human mind is shaped by culture, Freud believed that the depth and endurance of human personality is dependent on the social context in which an individual is born. A psychosomatic process is the traditional method by which physicians analyze symptoms of mental disorders within the pathological discourse. However, Freud holds that psychosomatic processes are limited, as he believes that individuals are influenced by elements that are outside the body that is the environment. To exemplify that, he writes of the influences of human joining and its impact on the unconsciousness. It is only through observational procedures that the expert would extricate subtle and multiple ties of the personality with the other individuals and environmental elements. Observations of body language, as well as human acts in relation to sequences of interaction form the study of individuals within the context of the society (Ruite nbeek 1962). Freuds conceptual framework was based on the observation of the human consciousness and unconsciousness, and its relation with the basic nature of man. It lacked the social work context. His theory implies that man is exceedingly indulgent or deprived by his/her surroundings which give rise to a certain psychiatric state of mind.The Theory of Psychoanalytic TechniqueMenninger (1958), in his work The Theory of Psychoanalytic Technique counteracts the practice of external influence by suggesting that individual behavior is a reflection of behaviors that occur during and after the events they are involved in. Menninger and Holzman (1973) differed from Freuds theory for psychoanalysis in the sense that they were of the view many individuals may demonstrate similar behavior without having any psychiatric problems. Therefore, psychoanalysis is not essentially about the physiological influence but rather associated with stimulus from interactions. The authors emphasize on ne w methods for observing and interpreting behavior in the context of culture and personality through structured research instruments. They believe that the psychoanalytic approach has particular associations with socialization sequences that lead to individual relationships with the environment, culture and personality. This implies that psychoanalysis approaches emphasize on the role of the professional engaged in the observation of individual behaviors and interpretation of the same. The skills used to deduce valuable information about the personality is derived from daily life processes. Likewise, an intervention is inherent in the behaviors and actions of the individual under study.Alternatively, works by Roy Schafer (1976) and Irwin Hoffman (1983) have entirely altered the conceptual framework of psychoanalysis theory and practice. They emphasize on the reality of social hit and its impact on both the individual and the professional. They present the view that solutions for pro blems in psychoanalytic are dependent on the cultural life at large. It is based on objective knowledge derived from social agreements and human actions are the narrative of the acts. Therefore, psychoanalysis is the study of the language of the human acts and interpretation of the same to represent achievable accounts of the past or present life of the individual. Transactions between the analyst and the patient are constructed by subject experience, human agency, and fragments of individuation/separation and so on Thus, For Schafer, (1) psychoanalysis is concerned in a primary fashion with language and its equivalents (2) subjective experience, objective reality, and selves are all constructions brought to life in language (3) these present-day(prenominal) tellings could be told in other terms and do not represent real world events (4) unitary selves are displaced by the notion that we tell expedient stories about multiple selves in order to conduct our affairs and (5) cure ac companies changes in discourse. qt. Leary 1994). Similarly, Hoffman believes that human beings, whether professional or individuals, requiring intervention live worlds within worlds to make social interaction highly ambiguous. Observation of individual behaviors cannot construct individual social environment alone. Individual experiences must be taken into account to understand the influences of elements surrounding them. Intervention follows the paradigm of change and analysis of the participants because he believes individuals are incapable of understanding their own dilemma.These later conceptual frameworks of the psychoanalytic theory not only pose challenges for social work practices but also offer new dimensions for analyzing complex individual social problems. The role of the social worker in the psychoanalytic context is separate from the individual and the environment, as he/she has to observe objectively to interpret individual behaviors in the psychiatric context as well as in the context of the environment in which the individual inhabit. Thus, the professional is segregated and does not really participate in the problems faced by the individuals. This tends to disassociate the analyst from the individual, which at times hinders problem resolution. However, objective observations in psychoanalysis enable the social work professional to emphasize on interventions methods. Since interventions are not set in paradigms or experiments or processes from knowledge base, the social worker has more leeway in developing creative interventions that meet desired social goals at the individual and from the broader societal contexts.At the same time, there are certain limitations to the theory of psychoanalytic. There is too much emphasis of the individual and less focus of intervention for the broad social context. As individuals live in the society interact, transact and have relationships with other entities within the environment it is natural to go in t hat any problems or issues that they face should be resolved in the context of the community they live in. It is not natural to assume that the problem is inherent within the environment and the intervention method should be for the individual only. From this perspective, the psychoanalytic theory is limited.Therefore, the psychoanalytic approach does not really fit the strengths approach, which basically emphasizes on resource development. Although psychoanalysis emphasizes on problem resolutions, this is limited to the issues faced by individuals not from a communal or global context. There is little scope for adding value to interventions in the social work practice as it represents the realities of the individuals. Therefore, world events, social change and communal issues become secondary to the analyst who adopts this approach.Compare and ContrastAt the beginning of the discussion, the researcher emphasizes on the importance of the key components in social work i.e. person, i nteraction and the environment. These key components, as one observes over the course of the evaluation of the theories of problem-solving and psychoanalytic, play integral roles in synergizing the conceptual framework for social work and professional practices. In this context, if any one component were missing from the theoretical framework, it would change its validity and usefulness to the profession.Theoretical fit with the social work professional focusFrom the discussion, the researcher observes that the problem-solving theory, as compared to the psychoanalytic theory, has more dimensions to the mission of social work. The nature of forward and backward reasoning enables social work professionals to trace the problem from multiple layers of contexts such as culture, race, gender, ethnicity and religion, to extricate the inherent issues prevalent within the individual, a community or a society. In doing so, it encompasses broader social perspectives and addresses problems suc h as poverty, cultural diversity, discrimination, gender bias or social injustice. Thus, the problem-solving theory serves the purpose of problem identification and eventually leads to its intervention as well, even though the problem-solving theorists have not emphasized as such. Interventions, according to the theory, stem from set rules and the knowledge base that professionals can acquire through experience and expertise.On the other hand, the psychoanalytic approach adopts similar processes for problem identification within the individual and in the social context but does not really view the problem as a social problem. The components of person, interaction and environment are not synergistic but rather segregated from each other. This makes finding interventions difficult as the social work professional would have to differentiate the person, relationship and the environment, before individual resolutions can be devised. This is because the psychoanalytic approach mandates ob jective observations and following set processes, which does not allow social workers to view the problem from different dimensions which are inherent in the social work mission. Therefore, psychoanalytic theory mostly identifies problems within the society from micro perspectives, thereby, limiting the scope of intervention. Unlike the problem-solving theory, the psychoanalytic theory integrates social problems like poverty, cultural diversity, discrimination, gender biases and social injustice into the social environment and explains its influence on the individual. Sometimes, these factors may or may not be the culprit for individual problems but, in fact, the problem stems from within the unconscious. Thus, the abstract nature of the psychoanalytic theory makes it difficult to devise interventions realistically that are practical in the social work field.Progress on the part of the client and ethical concernsAs a social work professional, one is responsible for the progress of t he client. The problems or issues my client faces may be from the micro, mezzo and macro environment and therefore require different approaches towards interventions. Therefore, I would reserve the psychoanalytic approach for micro interventions so that I would be able to analyze the psychological as well as physiological dilemmas, and ultimately devise interventions that address the root problem. On the other hand, if the nature of the problem that my client is experiencing stems from the outset and requires a broad perspective in evaluation, then I would adopt the problem-solving approach to address the problem, first from the macro level then narrow it down to the micro level and resolve it accordingly. The approaches differ because, as a social work practitioner, I need to have flexible tools to evaluate the progress of my client. This can only be possible if I use a combination of theories and approaches to offer me flexibility as well as dynamism in my work.The only ethical c oncern I have regarding the application of these theories would perhaps be the scope and limitations each poses for social work practice. The problem-solving theory, as discussed earlier, emphasizes too much on the processes, which at times may result in compromised interventions. On the other hand, the psychoanalytic approach is too narrow and limited in its scope in addressing individual perspectives and tends to neglect the broader scenario. In resolving individual problems, perhaps I would neglect to incorporate the bigger picture and, thereby, inadvertently disablement the society instead of benefiting it as a whole through my social work practice.ConclusionDespite the above reservations, the researcher is of the view that each of the theories has its own merit and application in intended practice. It is difficult to choose one over the other, as social work professionals realize no social issues or problem congruent with the other. Each problem is unique and requires unique r esolutions. Since human beings are dynamic, their problems are dynamic too, requiring diversity in resolutions and intervention methods. Yet, from a broader perspective, the researcher would opt the problem-solving approach over the psychoanalytic as it would more commonly be used in every day practice for the interventions of common problems. Such problems require a knowledge base to be developed from set rules and experiments, and require less time for interventions. On the other hand, for complex problems the researcher would prefer to use the psychoanalytic approach for individual objective observation and interventions.ReferencesDefinition of Social Work Profession International Federation of Social Workers general clash in Montral, Canada, July 2000, and endorsed by the InternationalAssociation of Schools of Social Work in 2001 in Ramsay, R. F. (2003). Transforming the Working Definition of Social Work Into the 21st Century. Research on Social Work Practice, Vol. 13 No. 3, p p. 324-338Bartlett, H. M. (1970). The Common Base of Social Work. New York National Association of Social Workers.Compton B. Galaway, B. (1979). Social Casework A Problem-Solving Process. revised edn. Homewood, IL The Dorsey Press.Fine, R. (1979). The History of Psychoanalysis. Columbia University Press.Leary, K. (1994). Psychoanalytic Problems And Postmodern Solutions. Psychoanalytic Quarterly. Volume 63. Issue 3. pp. 447.Menninger, K and Holzman, P. S. (1973). Theory of Psychoanalytic Technique. staple fibre Books.Menninger, K.S. (1958). The Theory of Psychoanalytic Technique. New York Basic Books.Morgan, S. (Accessed 15-10-2006). A Strengths Approach Practicebasedevidence.com, Online accessed from http//www.practicebasedevidence.com/strengths.htmNewell, A., Simon, H. A. (1972). Human Problem Solving. Englewood Cliffs, NJPrenticeHall.Patel, V. (1991). A view from medicine. In Toward a Unified Theory of Problem Solving Views from the Content Domains. by Mike U. Smith (ed). Lawre nce Erlbaum Associates Hillsdale, NJ. pp. 35.Perlman, H. (1957). Social Work Process Social Casework A Problem-Solving Process. The University of Chicago Press.Ruitenbeek, H. M. (1962). Psychoanalysis and Social Science. Dutton, New York. pp. 16.Sheafor, B. W., Horejsi, C.R. Horejsi, G.A. (2005). Techniques Guidelines for Social Work Practice. Allyn Bacon.Sheppard, M. (1991). Mental wellness Work in the Community Theory and Practice in Social Work and Community Psychiatric Nursing. Falmer Press pp. 32.Wormer, K. and Boes, M. (1998). Social Work, Corrections, and the Strengths Approach. Paper presented at the Canadian Association of Social Workers National Social Work Conference, June 20 24, 1998 Edmonton, Alberta, Canada

The Banker-Customer Relationship

The Banker-Customer birthBanker Customer RelationshipIn the light of a massive erosion of the principle of secretity. In the Banker/ Customer Relationship review Committee on Banking Services faithfulness (1989) recommended that the government should non further extend the statutory expulsions to the trade of confidentiality, with come out fetching full account of the consequences for the curseer/ node parityship Critically discuss how the principles of confidentiality has developed the potential aspect on sticker/ node relationship.The curseing service plays a major role in indoors new(a) society. It is estimated that over 90% of all adults in the UK hold a bank or building society account. Therefore the proper deliver of operate by banks is of significance to the majority of UK consumers.The issue of confidentiality is an essential feature of the service.In 1989, the Treasury and the Bank of England set up the first independent review on banking services law and pr e xemplifyice within the UK. That report is known as the diddly Report. The objectives of the report were to achieve intravenous feeding main objectivesi) achieve fairness and transp arency of dealingssii) maintain confidenceiii) promote talentiv) preserve the bankers duty of confidentiality.Amongst its 83 recommendations, the Report recommended that the government should not further extend the statutory exceptions to the duty of confidentiality, without taking full account of the consequences for the bank/customer relationship.This paper stresss to analyze how the principles of confidentiality have developed since 1989 in relation to the banker and consumer.HistoryThe obligations of confidentiality in relation to banking law within the UK stem from the common law. The leading case in this area was Tournier v National Provincial and total Bank of England. The bank had released schooling link up to the plaintiffs debt to the bank to his employers, and this subsequently led to his dismissal. The Court of Appeal confirmed that it is an implied term of the banker/customer contract that the banker has a duty of secrecy. In the circumstances of the case, it was found that the bank had get arounded its duty, and the hail found for the plaintiff.Bankes LJ stated that confidentiality may be breachedi) Where disclosure is make under compulsion of lawii) Where there is a duty to the frequent to cave iniii) Where the interests of the bank controls disclosureiv) Where the disclosure is made by the express or implied consent of the customer.The decision was more recently affirmed by the Court of Appeal in 1989 in Lipkin Gorman v Karpnale.Therefore, the primary rule in UK banking law is that all culture relating to the state of a customers account, or either of his transactions with the bank, or every information relating to the customer acquired through the keeping of his account is confidential, subject to the four Tournier exceptions.Statutory LawThe first e xception in Tournier permits the bank to disclose confidential information under compulsion of law. This may be either at common law or statute.The Committee took the view that too m either inroads had been made by legislation into banking confidentiality. At the time of the Jack Report, the following legislative exceptions existed-Banking dissemblesThe Banking phone number 1979 was the first formal legal framework to banking regulation within the UK. disjoint V of the Banking Act 1987 sets out restrictions on the disclosure of information without consent. It does not extend to any information within the public domain. Exceptions are set out at Sections 83 and 84. These permit, inter alia, restricted information may be released to an auditor if that information would assist the FSA in discharging its functions.Section 7 The Bankers Books and Evidence Act 1879This permits any party to legal proceedings to apply to the court for an ordination granting him permission to visit and take copies of any entries in a bankers books, for the purposes of such proceedings. This military force is discretionary, and will only be exercised with great caution. An order is only usually made against the account of the party who is involved in the litigation or, if it is in the nurture of some different person, the account which is really the account of the party. It will only be made against non parties in very exceptional circumstances. Further, there is an implied undertaking on discovery only to use the documents for the purposes of the action in which discovery is given.The Taxes Management Act 1970 S1 2Various provisions under this act permit the Commissioners to root whether or not in their opinion tax has been unlawfully evaded.Therefore, the ambit of this exception is wide. However, it is only the office holder, such as the Administrator or pass receiver that may make an application to the court for an order under this provision.Police and culpable Evidence Act 1984The police are entitled to obtain approach shot to special procedure material for the purposes of criminal investigation. If an order is made relating to bank confidential information, the bank is under no obligation to resist the order, nor to inform the customer that an order is being sought.Financial Services Act 1986S177 allows the Secretary of State to appoint inspectors to carry out investigations to establish whether or not an offence of insider dealing has been committed. The Inspectors may order any person whom they consider may be able to give information to produce any documents in his possession or control.Insolvency Act 1986 s.236(1)The court may summon any person known or suspected to be in possession of any stead of the conjunction or supposed to be indebted to the company or any person whom the court thinks capable of giving information concerning the promotion, formation, dealings, affairs or property of the company. It can require production of any recor ds in his possession or control relating to these issues. The provision is not limited to documents required to reconstitute the state of the companys knowledge.Criminal Justice Act 1987By Section 2, in cases of serious or complex fraud, the Director of the Serious Fraud Office may require any person to produce specified documents that appear to the Director to relate to any matter relevant to the investigation.The Jack ReportThe report examined the bankers duty of confidentiality and, in particular, the exception at iii) above in the Tournier case that disclosure may be permitted where the interest of the bank requires disclosure.The committee recommended that legislation should be enacted to state that damages for breach of confidentiality should include compensation for distress, embarrassment or inconvenience, regardless of whether financial going away could be proved.The report expressed concern in particular in relation to the growing perception within some banks that they a re permitted to release confidential information to some other members of their group without any express consent. An additional concern related to the disclosure of confidential information to credit reference agencies.These issues were considered in Turner v Royal Bank of Scotland PLC. In that case, the bank had responded to a number of spatial relation enquiries in its standard regulationd terms appears to be fully committed at present). The court heard evidence that it was the standard practice of all banks not to seek customers consents. The Court of Appeal held that customers were entitled, under Tournier, to have their affairs kept confidential, and it was not for banks to privately agree otherwise.The banking code now makes clear the banks obligations in these regards.The Committee was touch that the balance between public interest and private rights had moved too far in the direction of disclosure.It is therefore clear, in light of the Jack Report, that the trey excep tion within Tournier should not be used other than within the narrowest of situations.The government responded cautiously to the Report, but supported the idea of a voluntary code of practice.A voluntary code was developed by the banks. Although the code is voluntary, Almost all banks subscribe to it. The March 2003 edition of the Banking Code sets out the banks obligations of confidentiality, which reflect the four exceptions within Tournier.The Code also makes clear that the third exception within Tournier is designed to protect the institutions legitimate interests, and does not extend to the transfer of information for selling purposes unless the customer has provided specific consent to such disclosure.Developments since the Jack ReportSince 1989, arguments in favour of disclosure have increased. This arises out of growing concerns related to drug trafficking and other forms of organized crimes. Concerns have escalated in the wake of 9/11 and the war on terrorism. Therefore, since the Report, the government has enacted further legislation, which create much tighter obligations on banks to disclose information relating to drug trafficking, money laundering, and terrorism, as follow.Drug Trafficking Act 1994This provides that where a person discloses to a constable a doubt that funds are used in connection with drug trafficking, that disclosure will not be a breach of any statutory or other legal restriction. The police are also permitted to apply to the court for an order for disclosure in appropriate circumstances.Money Laundering Regulations 2001The new regulations add a power to the commissioners to enter and inspect money service operators premises. It also empowers the commissioners to seek a court order requiring any person in possession of specified information to allow them nark to it, where there are reasonable grounds for believe that a money laundering offence has been committed.Part 3 Anti-Terrorism Crime and Security Act 2001This act was p assed extremely quickly in response to the terrorist attacks on 11th September 2001. The Act was intended to ensure that government departments and agencies can collect and share information required for countering the terrorist threat. The disclosure powers within Part 3 have proved controversial, particularly since those powers are not limited to anti-terrorist investigations. There is naturally a sensed danger of citizens privacy rights being breached if hitherto confidential information is disclosed to the police or intelligence agencies under this new legislation.The Proceeds of Crime Act 2002Under this Act, a crown court judge may make a disclosure order requiring any person to give tot he Director of the Assets Recovery Agency any relevant information. Under Sections 370-375, the court may also make a customer information order, which requires a bank to provide information relating to the affairs of the customer.Civil Procedure Rules Part 31The requirements for disclosure ar e extended beyond the pre 1999 court rules. The court has developed powers to order discovery of information at the earliest stages of an action to assist a claimant to trace and recover property to which he claims he is wrongfully deprived.ConclusionThe Jack Committee felt that too many inroads had been made by legislation into banking confidentiality, and recommended that consolidating legislation be enacted.It requested that any future exemptions should be made by reference to the new provision, and any not so made would not override the central duty of confidentiality.No such legislation was introduced. The government did not accept that there had been a massive erosion of the duty. It is submitted however that the exceptions in 1989 were extremely wide, as set out above. Exceptions existed if there was suspicion of tax evasion, any crime (under PACE), insider dealing, or fraud. Further, documents were even then disclosable without any criminal activity, in the case of an insolv ent company or where civil proceedings were commenced.The government has since enacted large additional legislation which further undermines the obligation of confidentiality, creating a new suspicion based reporting regime. The government will argue that the further inroads are reassert in the fight against terrorism, drug trafficking and other serious crime.The government must be seen to strike an appropriate balance in confidentiality laws vis a vis civil rights and public interest.The important question is whether todays consumers accept that there is justification for the diminished duty. Consumers would normally view all information within the banks possession as entirely confidential, not to be released without their explicit consent. It is submitted however that, in light of todays atmosphere of abhorrence to terrorism and crimes that may fund terrorism, such as drug trafficking and money laundering, the inroads to the duty seem palatable.Of course, the exemptions are far wider than most consumers would expect. For example, under the Bankers Books and Evidence Act, or under Part 31 of the Civil Procedure Rules, the court can require disclosure from a bank in connection with any civil court proceedings. This will not necessarily involve cases where there is any suspicion of criminal activity, and may simply relate to an alleged, ill founded claim for breach of contract.It is essential in todays society that consumers are able to maintain trust in their bank, and rely on the implicit confidentiality of the relationship. The right to privacy is of fundamental importance to most consumers This is essential particularly in commerce. It is not conducive to commercial efficiency to have information relating to trading made open to competitors. A breach of confidence to a competitor can cause immediate, irreparable and incalculable loss to a company.The courts have emphasized that there is a strong public interest in maintaining confidentiality based on the moral principles of loyalty and fair dealing. Consumers disclose information to banks on the understanding that it will remain confidential.Of course, disclosure is justified in exceptional circumstances, for example control of banking fraud, or where an individual is involved in money laundering profits from terrorism or drug trafficking. However, it is submitted that the current extent of the statutory exceptions go far beyond this.BibliographyBanking Litigation Warne Elliot, Sweet maxwell 1999Encyclopedia of Banking Law, Cresswell and others Butterworths 2004Halsburys Laws of England, volume 3(1), 4th renderingHalsburys Laws of England 2001 Annual Abridgement (Paragraph 278)Modern Banking law Ellinger, Limnicka Hooley, 3rd Edition Oxford 2002The Law Relating to Domestic Banking Pen Shea, 2nd Edition Sweet MaxwellAnti-Terrorism Crime and Security Act 2001Banking Code March 2003Data Protection Act 1988Drug Trafficking Act 1994Evidence (Proceedings in other jurisdictions ) Act 1975Insolvency Act 1986Money Laundering Regulations 2001 SI 2001/3641Police and Criminal Evidence Act 1988Taxes Management Act 1970Bhinji v Chatwani (No 3) 1992 4 All ER 913British Commonwealth Holdings plc (joint administrators) v Spicer Oppenheim (a firm) 1993 AC 426Lipkin Gorman v Karpnale 1989 1 WLR 1341Peterson v Idaho First National Bank 83 Idaho 578Tournier v National Provincial and Union Bank of England 1924 1 KB 461 CATurner v Royal Bank of Scotland PLC (1999) CA (Civ Div) 24.3.99)Banking Services Law and Practice Report by the Review Committee Professor Robert Jack CM 622 1989Cracking the codes for bank customers Banking services Consumer code review group, May 2001. www.hm-treasury.gov.uk/mediaCourt Rules on Duty of Confidentiality Lovells International Law Office www.internationallawoffice.com

The Year of the Zombie :: Personal Narrative Essay Example

The Year of the Zombie   Now a high-school senior, I still remember my freshman year with a frisson it was the year my friends and I joked about as the Year of the Zombie. It wasnt that I had contracted a rare medical disorder that transformed me into one of the walking dead.   I had done what many diligent students do sacrifice most of my sleep time for the sake of academic success.         Dont get me wrong my parents never mandated that I deplete all the honors classes I could gain admission to. No one told me to take three honors classes. No one, that is, except the little voice in my head that positive(p) me scholarly success was based upon the number of Hs on my high-school transcript. The counselors cautioned me not to do it, students who had fallen into the trap before warned me against it and my parents just left it up to me. Through it all, I just smiled and reassured them, Dont worry I can handle it. The trouble was, I didnt have the slightest idea what lay ahead.         I soon found myself involved in work. For a person whose friends teased her about being a neat freak, I grew increasingly messy. My room and desk looked like my backpack had exploded. There was no time to talk to friends on the phone, not notwithstanding on the weekends. Going to bed at midnight was a luxury, 1 a.m. was normal, 3 a.m. meant time to panic and 4 a.m. meant it was time to go to sleep defeated. Most days, I would shuffle clumsily from class to class with sleep-clouded eyes and nod off during classroom lectures. There was even a month in winter when I was so self-conscious of my raccoon eyes that I wore sunglasses to school.         My parents applauded my academic success, but hardly knew the damage I paid for it. I vividly remember one night when my mother couldnt fall asleep. She kept going to bed and getting up again. all(prenominal) -, time I heard her get up, Id turn off my l ight so she wouldnt catch me still awake. By 5 oclock that morning, I was so sleepy-eyed that I didnt hear her footsteps as she shuffled down the hallway. When she saw the light under my door, she came in and demanded to know why I wasnt sleeping.

How Raphael Personifies The Renaissance Essay -- essays research paper

Thesis StatementIn my research, I have seen how Raphael individually personifies what the mellow Renaissance encircles.I.Early LifeA.ChildhoodB.FamilyC.Father as court painterD.Study in Perugia.II.Florentine PeriodA.Study under da Vinci da VinciB.Works that he did while in Florence.C.Interaction with Michelangelo and other artists. III.Roman PeriodA.Worked for Pope Julius II in Rome.B.Worked for Pope Leo X in Rome as well.C.Worked on many papal buildings.IV. HumanistA.Final Works.B.Feelings for nature and people.While we may term other works paintings. Those of Raphael argon living things the flesh palpitates, the breath comes and goes, every organ lives, life pulses everywhere (Vasari, Web Museum 1)On April 6, 1483, in Urbino, Italy, a man of a new long time came into the world, Raphael Sanzio. Starting in his most formable years, art and poetry came into his life by way of his father Giovanni, a court painter to the Duke of Urbino. Giovanni, the first actual command of Raphael, taught him about the arts and all of the components of painting. For the first ten years of his life his father influenced his feelings on the arts. In 1494, he traveled to Perugia to study under Peitro Perugino. tho as his father influenced his early life, his study in Perugia shaped his adolescence and ... ...ay his works seem too perfect, too faultless for our slipshod age. Yet these great icons of compassionate beauty can never fail to stir us his Vatican murals can stand fearlessly beside the Sistine ceiling. The School of Athens, for example, monumentally immortalizing the great philosophers, is unrivaled in its classic grace. Raphael&8217s huge influence on successive artists is all the more impressive considering his short life (Web Museum 4).The life of Raphael Sanzio stands alone in the spotlight just as his masterpieces single him out in the world of art. Works CitedCook, Richard, and de Vecchi. The Complete Works of Raphael. New York Harry Abrams, Inc. Publishers, 196 6.Fischel, Oskar. Raphael. London Spring Books, 1964.Web Museum. Paris. &8220Raphael. June 11, 1996, 1-4. humans Book Encyclopedia, Chicago. &8220Raphael. The World Book Encyclopedia. Chicago World Book Inc., 1996.Jantzen, S., Krieger, M., and Neill, K. World History Perspectives on the Past. Lexington, Massachusetts D. C. Heath and Comapany, 1992.