Monday, November 4, 2019

American History - 9 Essay Example | Topics and Well Written Essays - 1250 words - 1

American History - 9 - Essay Example fact that this extra labor was a necessity and had to be provided from somewhere; hence, it was logical to turn to women in order to accomplish this task. Although there exist many images within the mind of the American history student with regards to the level and effect of this mobilization, one thing that should be carefully noted the fact that many of the jobs that have been typified and stereotyped with regards to women like Nancy the Riveter and others were more or less rare. Rather than such situations being the norm they were the exception. However, such a fact does not seek to delegitimize the fact that women participated heavily in sectors of production and the economy that they previously had not. This led to many things both before during and after the war’s conclusion. One of these was the fact that for the first time in American history women were able to actively pursue work outside the home as a means of both developing their horizons and pursuing a career. Although the topic of wartime propaganda has often been discussed in history courses and in society as a function of how governments seek to establish the idea of the â€Å"enemy† in the minds of their populace, the way in which segment 24-7 brought home the realization that the wartime machine actively sought to portray the Japanese (and to a lesser extent the Germans) as subhuman rapists and animals was especially striking. As such, equally captivating was the fact that topics as unrelated as venereal disease could be related somehow to the Axis Powers. In this way the populace can quickly form a strong and lasting link between every negative aspect of the current world and seek to attribute this in some way to â€Å"the enemy†. Although a great deal of academic ink has been expended in seeking to understand how Nazi Germany performed a similar effect within its own populace with relation to seeking to ascribe all of society’s ills upon the Jewish populations of Europe, fairly little

Saturday, November 2, 2019

American History - 7 Essay Example | Topics and Well Written Essays - 1250 words

American History - 7 - Essay Example The United States in World War 1 The Great War began in August 1914 Both Allies and Central powers expected quick victory Weapons had changed drastically from the Napoleonic war But the tactics remained largely the same Combat on the Western Front evolved into trench warfare Casualties in a single battle often numbered into hundreds of thousands President Wilson tried to maintain a policy of neutrality The war transformed the American society as the government grew Wartime labor shortage increased opportunities for everyone 3. Wartime propaganda Posters were used to spread war propaganda They propagandized the war for a number of purposes The purposes were both general and specific They were used mainly To rebut opposition messages To encourage the purchase of government bonds To ensure compliance with various wartime programs The programs also included food conservation To create support for the warfront They were put in public places 4. The Wartime Industries Board Was central to m anagement of industries during war time Curtailment plans were carried out by agreement Conservation schedules were made by the board Savings in the agricultural implement industry were the most affected Motor vehicles and textile industries were also affected The practices were later seen as costing the consumer more without enriching the producers Lessons were learnt that could be applied to peace time The problem was mainly bringing adjustment of the industrial process Demand was made for vigorous enforcement of all proper measures for suppression of unfair competition Policies for curbing vicious practices were to be supplemented with positive programs 5. Woman Suffrage Brought forward the concept that it was politics that made America the cradle of democracy Also shows the slow nature that women took to assume equal rights Men believed what they wanted to believe that women did not desire votes In 1916, 38000 women signed petitions to the electors asking for votes There were mo re women who wanted to vote than there were men willing to grant them the privilege Lax election laws and methods often opened doors for corruption The alleged rejection of suffrage became an indication of an adverse public sentiment Party suffrage endorsement was won after forty eight years of unceasing effort Women fought one of the bravest, strongest battles for the purpose of enfranchisement The inaction of the public gave a mandate for further political evasion of the question Part Two: Essays After reading the chapters, write three essay/discussion questions: 1. Explain the course of World War one 2. What was to be the basis of a German-Mexican alliance? 3. What lessons for postwar America did Baruch play in the operations of the WIB? From the above list, respond to one of the above questions: 1. Explain the course of World War one The First World War began in August 1914, both the Allies and the Central Powers expected Victory within a matter of weeks, but the war would go on for four years, claiming 10 million lives. In the Napoleonic Wars a century before, opposing armies had fired at one another with muskets across an open field.

Thursday, October 31, 2019

History of the Olympic Games Research Paper Example | Topics and Well Written Essays - 1250 words - 3

History of the Olympic Games - Research Paper Example The state-run was the only event for the first 13 Olympic Games, but over time new sporting events were introduced (David 14). The hoplitodrome was a footrace while athletes wore full amours. There was an event where athletes competed in five competition called Pentathlon; that was javelin, sprint, jumping, wrestling and discus throwing. Boxing was later introduced at the 23rd games, and they continued to expand adding more and more games such as chariot racing. In the 37th Olympic Games, the Greek extended the games to a five-day competition. At first, the games were only participated by the Greek citizens only but eventually, the whole Mediterranean region joined in which was then the Roman Empire (Ben 8). The Olympic Games were linked to the religious festivals of Zeus closely but were not part of any rite. They were aimed more on showing the physical qualities and performances done by young people and also to enhance good relationships between Greece and its surrounding allies. The festival was a peaceful event influencing all the war-like cities, even the Sparta was famous for brutal and strict military always waited for the Olympic Games to end before attacking the Greek cities. In the ancient games, women were not allowed to attend the games, only freeborn boys and men could participate and attend. Athletes would take oaths first to observe the rules and standards of the games. The participants did not receive any monetary awards; they paid their expenses. The winners were crowned with olive leaves and paraded like heroes, and they were given a gift after being announced by a Greek judge while spectators cheered. The ceremony took place at the temple of Zeus. The greatest athlete in the ancient games was a wrestler called Milo of Croton who won the boxing competition six times and was said to be the most powerful man then. Many artists were also inspired by the Olympics.

Tuesday, October 29, 2019

Ethical Considerations Essay Example for Free

Ethical Considerations Essay The conduct of the members of any profession must be of very high standards in professional terms. The Australian Computer Society (ACS) requires very high standards in its Code of Conduct for members so as to be able to earn the credibility as well as the prestige IT professionals deserve. The ACS Code of Conduct does not include many detailed rules as it only focuses on the most essential matters and as such it requires a much broader interpretation. It is mandatory for all members of ACS to comply with the Code of Conduct. The code bears relevance in law in terms of legislation. Awareness of the Code’s requirements by IT professionals is crucial as non-adherence by a member in their field may lead to claims of professional negligence by clients. The regulatory regime of the Internet Censorship Body of Australia gives powers to its subsidiary, the Australian Communications and Media Authority to enforce restriction of Internet Content that is hosted within the country as well as maintaining a black-list of foreign websites by using filtering software. Foreign websites which have or are likely to be refused classification in Australia are target for mandatory filtering in Internet Censorship proposal by the Australian Labor Party-led government since 2008. The import of this proposal is that providers of internet services would be forced to ensure that they block black-listed websites from reaching its customers. Two years later, the policy still awaits enactment as a result of the inexistence of legislation to this effect (Moses 2010). As expected, the proposal for the introduction of mandatory filtering has been met with considerable opposition. Some amount of tension has been generated in Australia. Its opponents have raised various concerns but a few people who are in strong support of the policy welcomed it. In Australia, Internet content is bound by federal as well as state laws on the censorship of internet content. The ACS has an internet filtering body coupled with a taskforce for E-security. The task force provides advice on technical issues and policies concerning internet content and the material that is unsuitable for the viewing by the general society. This provides the basis for the legislation on internet content in Australia. The decision by the Australian government through information minister Senator Stephen Conroy to filter the pages viewed by internet users is consistent with the requirements of the Australian Computer Society (ACS) Code of Conduct and Ethics. The ethical code, in section 4. 1, starts by clearly stating its efforts aimed at advancing the dignity, honor a swell as the effectiveness Information Technology as a profession. It states that in observance of its ethical conduct and high competence standards, every member is supposed to be honest in addition to being forthright and impartial. Members are supposed to be loyal in their service to the community (ACS Code of Ethics 1998). It further states that every member has to put all efforts aimed at increasing the profession’s competence as well its prestige. Every member is required to use the special skill and knowledge they possess towards advancing human welfare. The code of conduct is binding in its requirements. Section NR 4. 3 and section N4. 4 categorically states that the code binds all members with regard to their professional conduct. The implication of this requirement is that once the legislation for the filtering scheme is enacted, all members will have no option other than to oblige. It will automatically take effect because it is backed by both the federal and the state government. This is good news to many parents and school teachers who have always battled delinquent behavior in learners without success. Foreign and unacceptable behaviors on some web pages have been accessed and acquired by minors who are otherwise not supposed to view them and as a result the parents and teachers have been unable to control them (Computerworld Australia 2008). Learning is seriously compromised by the content of these offending websites and filtering them is the only effective solution to ensure that it does not reach the school children. The are some specific internet contents which the government has already outlawed and indeed does filtering. These are the contents that have to do with political parties, euthanasia, video games and racism. On the ethical side of consideration on the government’s decision to filter the content that the public should be allowed to view, this is actually a move in the right direction because left uncontrolled, the public can view anything, just about everything. This automatically leads to moral rot. The advent of the internet has led to a sudden decline in morals in many societies globally and the Australian government is justified in suggesting an ambitious plan to ensure that internet content that is hosted within the country is restricted. It is upon the realization of the dangers posed by overseas websites, more than anything else, that the proposals read out by the information minister were made. It will be of no benefit for the Australian Communications and Media Authority to enforce a restriction on internet content that is hosted from within the country and leave content from outside unchecked as people can always view the pages that thrill them from the foreign websites (The Sydney Morning Herald 2009. It is not surprising that the proposal for mandatory filtering of all internet content whether local or from overseas has been met with mixed reactions (ABC News 2007). The proponents of the filtering of internet content are genuinely concerned that the benefits that these internet pages have are by far outweighed by the harm they bring upon the community, not only in Australia, but in all other countries in the world. The minister was justified in bringing the filtering proposals in his genuine concern to rid the society of the moral rot that, courtesy of unrestricted internet access, has been spreading like the country’s infamous bush fires. The opponents of the proposed legislation on mandatory filtering of both locally hosted and overseas internet pages are on their part justified to object to these requirements in such loud voices as they have. Their objection to this legislation is by a very big percentage motivated by their selfish interest to continue being in the market for all the wrong reasons. Any person or a group of people in business are motivated by the sole interest of making as much profit as they can and as such what they give to their viewers does not matter as much as the profit they stand to get out of it. It gets even worse because they are prepared to go out of their way to give their viewers anything that they view most, bad as it may be (The Digital Liberty Coalition 2008). The ACS code of conduct and ethics in 4. 3 stipulates the values and ideals expected of the members. Members are expected to be professionally responsible and display integrity in their actions. They are supposed to deal with clients and the community, students and employees in a responsible way and with integrity. This requirement is good in terms of ethics and it can minimize the number of obscene and violent web content if adhered to by all internet providers. The general society needs to be protected from some pages whose influence is negative to the society. Section 4. 3. 4 further binds the members of ACS by ensuring social responsibility in their work to the society. It states that all members should make it their duty to ensure that they uplift and improve their clients’ quality of life. This is a big calling but it must be adherered to in order to preserve and improve the lives of all the people they work for. It is unethical for any IT specialist to upload a morally corrupting page on the internet to be viewed by others who would otherwise do a lot better without it. The proposal by the information minister borrows mainly from the ACS code of conduct as it spells out clearly all the rules that IT professionals should follow so that they can preserve the prestige and dignity the profession is supposed to have. This is in section 4. 3. 5 under Information Technology Profession in which every member is expected to promote the integrity of their profession. The members must do their work in respect of the profession and for one another. Section 4. 5. 1 of the ethics code makes it mandatory for all members to preserve continuity in the services of information technology as well as to put information flow in their care. This clearly means that all members are bound by the requirement to strive to ensure that the consumers of their services get only what they are supposed to get. They must give only the useful information to the general public which constitutes their client base. Material that has been refused classification by the regulatory authority should not be uploaded because of the dangers it portents (Electronic Frontiers Australia 2008). The IT profession is a beneficiary of such a move as proposed by the information minister as it would regain its name as a respectable profession and people would have more respect for IT professionals which has of late been declining due to the actions of some unscrupulous IT specialists who have made it their habit to posting pages whose content can not do any good to the society (ABC News 2007). The general society as a whole will be the overall winners from this legislation to the detriment of those who have made it their business by sending to the innocent viewers corruptible web content. The hands of the IT professionals who may harbor ill motives are tied by clause number 4. 6. 5 which clearly states that all members of ACS must bear the responsibility of their work. If any of them posts a page that is in the opinion of the ACS disciplinary board; immoral or unsuitable for viewing by the general public, then their conduct shall be found to be unethical and the appropriate disciplinary action will be carried out on them.

Sunday, October 27, 2019

The Social Glue Through Organisational Culture Commerce Essay

The Social Glue Through Organisational Culture Commerce Essay Organizational Culture is defined as the social glue holding the company together. Social scientists call it culture or the underlying set of informal norms and values that govern employee behaviour. But regardless of the name, more and more evidence suggest that it is important, often critically so (Baker, 1980) pg51. Culture consists of three layers values, beliefs and taken for granted assumptions. Many authors still argue over the meaning of organizational culture, authors like (Sirmon Lane, Jul. 2004, p. 310) consider culture to be set beforehand and it dictates the attitudes and behaviours for the organizations members to exhibit, while some authors like Edward schein explain culture as a common insight held by the organizations members; a system of shared meaning and naturally if authors have different opinions on the definition then they will also argue whether culture can be managed, manipulated or cannot be consciously changed. This essay is targeted to understand culture and culture change better. Culture and Change Culture can be both weak and strong; It is usually decided by the top management and sets the tone of the entire organization. A weak culture can be of a young company or if the turnover of key personnel is high. (Baker, 1980, p. 51) . A strong culture can be seen in efficient organizations with positive employee behaviour, with minimal information transmitted in any transaction and the working pattern has a flow, a good culture can also be measured (Deal and Kennedy (1982: 15) cited by (Banish Nawaz, 2003). I feel culture can change the face of an organization, from world leaders to mere survivors. As stated by (Schein, Feburary 1983, p. 14) Culture serves the function of stabilizing the external and internal environment for an organization, it must be taught to new members. If its not carried forward, the new ideas from new members will produce a culture change. To consider a change in culture, if possible, its not as simple as it sounds. Louis V. Gerstner (2002) the CEO for IBM states in (Banish Nawaz, 2003, p. 22) you cant simply give a couple of speeches or write a credo for the company and declare that the new culture has taken hold; you have to create the conditions for transformation, provide incentives and define marketplace realities and goals. In the end management doesnt change culture; management invites the workforce itself to change the culture. The three subdivisions discussed in Managing Organizational Culture by (Ogbonna Harris, 1998) are: (i) Studies which argue that culture can be managed. (ii) Research which claims that culture may be manipulated. Â  (iii) Theory which argues that culture cannot be consciously changed (although natural change is argued to occur frequently). All three seem to be valid and vary from organization to organization. If an Organization has a stable environment then the present culture is perfect, but external conditions can bring the organization to its knees and force it to change its culture. McKinseys well known 7-s framework places culture (mentioned as shared values) into a happy atom mentioned by Peter and Waterman (1982) cited in (Banish Nawaz, 2003) pg 11, this model assumes that effectiveness of the culture of the organization: depends on 2 factors. 1st How strong the culture is, and 2nd how well culture is aligned with the other organs of the body (so called strategy-culture fit) Sub-division Present and Compare The 1st subdivision explains how theorists believe that culture is an organizational variable and can be managed. This article by (Harris Ogbonna, Vol. 27 No. 2,1998, p. 119)researched with retail organizations to understand culture better, the findings were Cultural deviation was considered unwelcome whereas cultural change was viewed as transformational rather than incremental. Managers viewed culture of the organization as a variable which could be managed, and these assumptions allowed the managers to relate organizational culture to organizational effectiveness. (Baker, 1980, p. 54) has provided some evidence that Culture can be managed, He starts the article by saying that manageable culture has a major contribution to a companys success for instance, International Business Machines (IBM) has been successful to actively cultivate and manage culture; he/she also states that the culture is largely responsible for its success for the past 30 years IBM real issue is discussed later in the essay, many other organizations tried to manage culture, (change strategy or business environment) and failed. Some culture clash problems range from diversification (ATT) to acquisition failures (Kennecott), but these are rarely fatal. The author belief in managing culture is supported by the statement that CEO and/or other top managers seem to recognize intuitively what culture they want and need; they create and maintain it by monitoring the existing culture and actively intervening where possible to reduce the gap between the desired and existing cultures. All this has been confirmed by (Schein, Feburary 1983) below, He states managing culture is possible when an understanding for dynamic evolutionary forces which govern how culture grows and changes is achieved. Author (Schein, Feburary 1983) cites (Van Maanen Schein, 1979) writing the passing on of the groups culture is strategically an important process to study If one wants to decipher what the culture is and how it might change He believes that Culture can be managed and as stated earlier, it should be taught to the new employees in order to avoid any cultural change. (Schein, Feburary 1983) states that managing culture till the end is not about controlling its members perceptions, thoughts and feelings but as the process of learning to manage the external and internal environment progresses the culture will get older which would influence our perceptions, thoughts, and feelings, but this all seemed valid until (Schumann Prestwood, 1994) below gave their argument. This article by (Schumann Prestwood, 1994, p. 1) is a brilliant piece of work supporting the argument that culture may be manipulated and explaining how its done . It states that an organizations culture is the ultimate governor of the amount and type of innovation that will take place. The organization therefore must have a way to link its culture to its market. Innovation and change go hand in hand. To compare managing culture and manipulating culture, author (Schumann Prestwood, 1994, p. 3) citing (T. J. Watson, Jr. observed in A Business and Its Beliefs) gives an idea for what happened to organizations that tried to manage culture stating, Out of the top 25 industrial corporations in the United States in 1900, only 2 remain in the selected company today, One retains its original identity; the other is a merger of seven corporations on that final list. Two of those 25 failed. Three others merged and dropped behind. The remaining 12 have continued in business, but each has fallen substantially in its standing. The challenge for organizations today is the transformation of its culture so that organization can endure and grow though current revolution. The author gives an extension of the IBM example above; stating IBM survived the past due to a very successful business model but as the environment shifted, it failed; now IBM is developing a new business model to survive with the top leaders, its fate is discusses later in this subdivision. The only way to change quickly an organization must meet the customer demands, stay technologically competent, effectively deal with competition and respond to the pressures of change both from within and without. This Figure 8 below from (Schumann Prestwood, 1994, p. 10) explains how the existence of a strong organizational culture ensures the resistance of the organization to change. The authors argument is completed with a point that culture must have built into a flexible methodology for change, comprising of components like: A clear and compelling vision, strategic planning for the operation, technology and people, integrative management approaches etc. For those cases where change was not anticipated, a strong but flexible culture will enable a rapid response. (Cameron Quinn, 1999, p. 6) Have also written an exceptional piece of work, their book gives a wide view of how the current literature claims an organization works and how it actually works. Author supports the view point culture can be manipulated. Since its long term, a strategy must be developed for changing it. The article claims that between managing and manipulating culture culture can be managed point of view always leads to the downfall of a company. Out of the largest 100 Companies in the 1900s only 16 are still in existence. Of the firms on Fortune Magazines first list of 500 biggest companies, only 29 firms would still be included. During the last decade, 46 percent of Fortune 500 dropped off the list. Author writes that A musical greeting card that plays Happy Birthday has more computer power than existed in the entire world before 1950. The average watch contains more computing power than existed in the entire world before 1960. Such rapid and dramatic change implies that no organization can remain the same for long and survive. Top companies on the Fortune Magazine failed due to slow, laggard or wrongheaded change efforts. The companies in 1991 spent more money on computing and communications gear than the combined monies spent on industrial, farm, construction equipment etc And in the 1960s, approximately half of the workers in industrialized countries were involved in making things, by the year 2000, it is estimated that no developed country will have more than one eighth of its workforce in the traditional roles of making and moving goods. (Cameron Quinn, 1999, p. 6) Culture looks like its thought of as how things are done around here sometimes it remains undetectable as employees dont realise this practise. The current challenge for an organization is not to determine whether or not to change, but how to change in order to increase organizational effectiveness. (Banish Nawaz, 2003, p. 19) have given further explanation on the IBM issue, during the Great Depression of the 1930s IBM survived the impact and grew as it received a steady income from the business machinery that was leased or rented, at the same time CEO Thomas J. Watson, Jr. (1990) started benefits and vacations for his employees that paid off in 1936 when they started supplying to the US government. IBM remained successful as employees didnt stay at the organization for employment but for security and way of life. IBM was successful in managing its culture until 1980s but a cultural change was desperately needed. In the 1980s IBM got a culture change. Louis V. Gerstner (2002) was appointed the new CEO in 1993 to manipulate change and he states (Banish Nawaz, 2003) Culture isnt just one aspect of the game it is the game Gerstners states Management doesnt change culture, management invites the workforce itself to change the culture. (Cummings Worley, 2009, p. 522) gives some example. Company with a difficult but successful culture change can be Alberto Culver (Manufacturing Skin and Hair Products) where process took 6 to 15 years, in some cases managing culture isnt the answer changing it is, for example the Disney case; when they tried to export the same culture to euro Disney, the European people preferred to drink wine with their meal and Disneys not serving alcohol policy resulted in low attendance for both labour and customers. Four seasons hotel and resort were on the same track but were successful as they just changed their norms, procedures and artefacts to fit with the French culture and keeping their core values same. Managing culture and manipulating culture (despite its drawbacks) are often the only 2 options considered in an organization even by many theorists. The third subdivision below isnt even mentioned as an option to consider. Finally the third sub-division that claims that culture cannot be consciously changed seems a little untrue but well supported, very little information is available for this subdivision According (Ogbonna Harris, 1998, p. 274) this subdivision argues that whilst the culture of organization can and does change, the direction, impact and sustainability of the change cannot be subject to the conscious action of management. (Senior Swailes, 2010) claims that this presents problems for change agents who will perhaps need some external and perhaps unpredictable forces to make it happen. Author (Meek, 1988) writes, what culture cannot be consciously changed actually means, he/she states that Social theorists use the term culture to embrace all that is human within the organization. They emphasize culture, either consciously or unconsciously, in such a way as to blur or hide problems and contradictions inherent in the social structure. Both culture and social structure are abstractions, not tangible entities. The author firmly sticks to the argument that culture cannot be consciously changed and writes that culture can be managed or changed views seem valid because many discipline copy concepts from another discipline which results in concepts becoming a stereotype. Author (Turner 1986) cited by (Meek, 1988) gives the idea that culture is the collectible consciousness of the organization, owned by the management and available to management for manipulation; this is also thought by many authors. Author (Meek, 1988) contradicts this stating that concepts have been copied (as stated above) and theories of organizational culture have their roots in structural-functionalism, but they have been mutated; in the process of application. Culture as a whole cannot be manipulated, turned on and off, although it needs to be recognized that some are in a better position than others to attempt to intentionally influence aspects of it (Meek, 1988). To compare this with the other 2 subdivisions, it seems a little true, but culture may be manipulated subdivision has provided some evidence of such effect. Conclusion To conclude organizations fate depends on the culture, weak or strong and all three subdivisions have been justified beautifully by various author. Managing culture seems genuine with many theorists providing theory on how to avoid any cultural change but 2nd subdivision as the name suggests Research which claims that culture may be manipulated has provided evidence of organizations on how manipulating culture is the only way to survive, the 3rd subdivision seems to be a third side to a two sided coin, where authors explain how various authors have copied and altered studies. All together this essay gives a great idea about culture and its change subdivisions. I personally feel that manipulating culture is the way to go, can managers change an organizations culture? Yes for instance the Euro Disney and Four seasons hotel case and also with the technological advancements and pressure of external factors, no organization can stay the same and survive. Overall this essay comprising of s mall parts has shown a big picture about cultural change.

Friday, October 25, 2019

Essay --

It is clear from the facts it is a case of non-fatal offences against the person. They include assault, battery, assault occasioning actual bodily harm which is sometimes abbreviated as ABH, maliciously wounds or inflicts grievous bodily harm and the last one wounding or causing grievous bodily harm. We will start examining the most serious offences which are committed by Cyril then moving to the least serious offences which are committed by Moby. It is noted that for there to have liability both the elements of actus Reus and mens rea should be present while committing the offences. From the facts of the case, we noted that Cyril threatened to hit Moby and even waved his fist in the air at him. From this point of view Cyril can be liable for assault. Assault is defined as a situation where one person creates fear of harm to another person . For assault to take place there is no need to apply force or make any physical contact with the person. The actus Reus here for assault is that there must be an act and that particular act caused the victim to apprehend the infliction of immediate unlawful force applying the principle set in the case of Fagan v Metropolitan Police Commissioner (1968) . Words spoken are sufficient to be qualified as an assault. This principle is set out in the case of R v Ireland; Burstow . In our case the spoken words of Cyril and the act of raising his fit in the direction of Moby have undoubtedly created fear. It must be noted that it is sufficient that Moby thought that the physical violence was immediate, here applying the case of Smith v Chief Superintendent of Working Police Station . As mentioned above both the elements actus reus and mens rea should be present for an offence, we now come the mens... .... Another offence under which Moby might be convicted is s47 for he stuck Cyril on head causing him to pass out for a few minutes. Applying the case of T v DPP a momentary loss of consciousness is sufficient for s47. This is defined as occasioning actual bodily harm also referred as ABH. There are three elements for actus reus. There must be as assault or battery. We have already established that Moby might be convicted for battery. Another element is occasioning. Under this element we have to prove that the battery caused the actual bodily harm. Establishing the but-for test , Cyril would not have lost his spectacles and blow out if Moby did not stick him. The bruises caused by the yin can be charged under s47 . The mens rea required here is that of battery . As we have already establish the mens rea it is most probably that Moby might be convicted under s47

Thursday, October 24, 2019

Storm Born Chapter Twenty-Seven

Traveling in spirit is a lot different than traveling in the body. The body gives you more strength – and more risk – but the spirit can see things beyond normal physical senses. As I rose up and up from the Otherworld, I saw it in all its beauty and power. People and objects were ringed in light, some brighter than others – like Dorian, who shone like a small sun. All around him and the others, the Alder Land glittered with its own aura, an aura that called out to me in a funny way. Leaving it felt strange, like part of me was being abandoned back there. As for me, my soul grew wings as I crossed into the Underworld. I was dark, nearly black, and wore a graceful, avian shape. I was the Dark Swan, my totem, the shape my spirit naturally traversed the worlds in. I hadn't had to use this shape in some time. I'd first developed the ability to move my spirit into the Otherworld wearing a shape nearly identical to my physical presence; I'd later learned to go over entirely in my own body. But this was not the Otherworld, and I needed the protection of my swan shape. The land of death did not like to give back its souls, and the closer I got, the more risk I faced. I could only pray Kiyo hadn't fully entered it yet. Feeling him was easy. My physical body was still close to his, and he and I had enough of a mental and spiritual bond that I could track him. But, as it turned out, he was far ahead of me. Too far. He had crossed the black gate. If I wanted to follow, I would have to enter the land of death in earnest. My return was doubtful. And yet†¦I couldn't just let him go. Not yet. Not when he'd died because of me. Not when he'd still followed, despite my rejection of him. Not after what we'd shared together. Onward I flew, my wings sweeping over currents of power. I saw no gate per se, but I felt when I crossed it. The connection to my physical body trembled, and I knew I had just endangered it. Too much time here, and it would sever altogether. With that knowledge came another sensation as I crossed over, one so sharp and sudden that I might as well have been slapped in the face. It felt like a belly flop into a freezing pool – remarkable considering the soul did not feel physical sensations. Well, at least that was what I'd been taught. I'd never known any shaman who crossed over and survived to tell about it. Once I actually entered the world, I was suddenly awash in tactile feelings. Warmth swirled around, mixed with those streaks of icy cold. For just an instant, I saw a world so beautiful, it made me ache inside. Color and light and wonder. Glimpsing it, I felt my connection to something much greater than myself, something I had never understood in the worlds of the living. I was drowning in it, in that burning bliss that made the euphoria of magic seem trivial. And just for a second, I nearly grasped all the meaning to life and death. Then, in a blink, it was all gone, and I was plunged into darkness. I silently cried out, longing for the return of that beauty. Where had it gone? Why wouldn't it come back? A voice answered me, vaguely female. It spoke in my mind, reverberating through me and my being. This world becomes what you bring to it. What do you bring? The blackness shifted and became solid. I saw no light source, yet I could just barely make out the area in front of me. Ground appeared, cold and dead. Black rocks jutted out at odd angles, sharp and ugly. A chill wrapped me up. My field of vision was limited in that weird illumination. Everything beyond it was unfathomable darkness. In front of me, I made out a deeper blackness, surrounded by a faint gray outline. A doorway or a tunnel. Was this what I was? Had I shaped my surroundings into cold darkness? The voice spoke again: This world is what you make it. Inside the tunnel, I could feel Kiyo. With no more thought, I took flight again, moving forward. The darkness swallowed me once more. Then I emerged into an empty clearing. It looked like I was in a cave, surrounded by that same cold stone. An indeterminable source illuminated the room with stark light. There was no way out. I felt Kiyo ahead still but saw no way to get to him. Behind me, the path I'd come from was gone. And then I wasn't alone anymore. Shapes materialized around me. I recognized almost every one of them. The keres. The fachan. Finn. Some of the yeshin. An assortment of spirits. Countless other monsters. Countless gentry. Every being I had ever banished to this world. They filled almost every inch of space in the enclosure, crowding around me. Their faces were horrible. Twisted reflections of what I used to know. They opened their mouths, screaming their terror and pain, reliving when I had killed or banished them. The group closed in, hands reaching out. They clawed at me, trying to gouge me and scrape away my skin. Skin? The feathers were gone. I stood in my human form, quite ordinary-looking in casual clothes. The hands and faces closed in tighter, and I screamed as the mob tore me apart. Agony shot through every part of me, a terrible and consuming pain. I sank to the floor, trying to ward them off. What will you give us? they seemed to ask as one. What will you give us to let you pass? â€Å"What do you want?† You sent us here without thought. You ripped our essence out of one world and into another. Do you know what that is like? To have your essence torn asunder? â€Å"Show me,† I whispered. They did. It started inside of me. Like a small spark, noticeable only by a faint twinge. Like getting shocked with static electricity. Then it grew, spreading out like a mass of wriggling worms, eating me from the inside out. Only it was more than physical. It was like†¦a spiritual cancer. I could feel everything about me disintegrating. First, all the superficial things. My love of pajamas and Def Leppard. This was followed by the removal of things that identified me, that made me unique: my physical abilities, my shamanic powers, even my newfound magic. Next, my emotional connections were stripped away, making me forget everyone I knew or loved. My parents, Kiyo, Dorian, Tim, Lara†¦they all vanished, their memories blown to the wind. Finally, my base essence disappeared. Me as a physical and mental being. Eugenie Gwen Markham. A woman. Half human, half shining one. It was all gone, and I was nothing. I wanted to scream but had no means of doing so. And then, I was back. I sat huddled in a ball, alone in the cavern. Unfolding myself, I saw that I was whole. My self-knowledge had returned. Still shaking, I looked up and saw that a doorway had appeared. It was a way out, a way toward Kiyo. I walked into the next tunnel, again entering the darkness. When I emerged, I found myself in a cavern exactly like the other. Only this time, I wasn't alone. A man stood on the far side, his back to me as he studied the wall. Sensing my presence, he turned around. He had reddish hair, streaked with silver and just barely touching his shoulders. The features of his face were striking, a square jaw and sharp angles. Handsome in a harsh sort of way. He wore clothes like the gentry, most of him covered by a sweeping cloak as rich as anything Dorian might own. Rich purple velvet. Jewels worked into the edges. A crown sat on his head, made of a gleaming metal too bright to be silver. Platinum, I thought. It was a masterpiece of metalworking, all scalloping and flowing edges, like a circle of entwined clouds. The edges of it met in a small point at the top of his forehead, like a faux widow's peak. Diamonds and amethysts set among the lacy curves glittered in the weird lighting. But it was his eyes that really seized me. They would not hold one color. They shifted, like clouds on a windy day. Azure blue. Silvery gray. Rich violet. â€Å"Hello, Father,† I said. The eyes held at a steady, deep blue as he looked me over. â€Å"You are not what I expected.† â€Å"Sorry.† â€Å"No matter. You will do. In the end, you're only a vessel anyway. Your magic will grow, and those around you will eventually see that what needs to be done is accomplished, once your child is born.† I shook my head. â€Å"I'm not going to have your heir.† â€Å"Then you will not pass. You will die here.† I didn't say anything. Anger hardened his already fierce features, and whatever attractiveness I'd noted before vanished. I remembered my mother's reaction, her pure and unwavering hatred for him. His eyes flickered again, turning from blue to a gray so dark it almost looked black. â€Å"You are a stupid, foolish girl who has no idea what you're doing. The fate of the worlds hinges upon you, and you are too ignorant and too weak to do anything about it. No matter. You are not the only one who can carry on the dream.† â€Å"What, you mean Jasmine?† He nodded. â€Å"She lacks your power and war instincts, but again, she is only a vessel. More important, she is willing. Aeson made sure of that. He visited her years before finally taking her. She knows her duty. She will see it through.† A cold, heavy lump settled in my stomach. I had gone out of my way to avoid pregnancy, but Jasmine would not. She would be seeking it, purposely trying to have Storm King's heir. All my smug contraceptive practices would mean nothing. Storm King read my thoughts. â€Å"Maybe if you were the one, you could control the situation. Maybe it wouldn't be as bad if you were the heir's mother. If your sister is the one, there will be no reprieve.† â€Å"Don't fuck with me just to get your way. It won't work.† The eyes darkened further. â€Å"Whatever you want, then. It makes no difference if you die here and stay with me.† I stared at the far, blank wall, willing the stone to open. Beyond it I could feel Kiyo slipping away from me. My heart – if I had one in this form – beat more rapidly. I closed my eyes. â€Å"What do you want me to do?† Hands reached around from behind me, closing around my waist. â€Å"Submit just once,† Aeson said in my ear. â€Å"Submit just once to me, and you can pass on.† His hands pulled me against him, and I tried to squelch my rising nausea. Some reasonable part of me said it didn't matter. None of this mattered. I wasn't here in body. I couldn't get pregnant. This wasn't actually happening. Yet†¦it seemed so real. And for all intents and purposes, it was. His hands upon me. His breath against my neck. It felt exactly as it would in physical form, as I knew it was intended to. I opened my eyes and saw my father watching me. Beyond him, Kiyo moved farther away. â€Å"All right,† I said, barely recognizing my own voice. Aeson turned me around and kissed me, harsh and bruising, uncaring that my lips stayed inert and did not kiss him back. He pulled me down, putting my back against the sharp planes of the stone. The last thing I saw before all went to blackness was Storm King looking down at me, face cold and uncaring. I closed my eyes, trying to ignore the mental and physical hurt. When I let myself see again, I sat on the ground, palms down against the hard surface. Just like before, I felt no more pain, and I could tell my clothes were whole once more. Another illusion†¦one my body had no memory of but which would stay etched in my mind for some time, I suspected. Standing up, I moved forward, on toward Kiyo. Someone else was waiting for me in the next chamber, a man I'd never seen before. He was slim and small, dressed in scarlet velvet bordering on outlandish. He held a small cloth-wrapped bundle in his hands and paced around nervously. When he caught sight of me, his face brightened with relief. â€Å"There you are, your majesty!† he exclaimed. â€Å"I've been waiting.† â€Å"Waiting for what?† He proffered the bundle before me. â€Å"To give you your crown. You have to put it on.† I eyed the bundle nervously and then looked at the smooth, blank wall between Kiyo and me. â€Å"Is that what I need to do to get through? Put on the crown?† He nodded, shifting from foot to foot. â€Å"Hurry. We're running out of time.† I knew what the crown was for. I knew what Dorian had done outside of Aeson's fortress. Somehow, some way, I had gained the Alder Land. I had become its queen. I sure as hell didn't want it, though. If I made it away from here alive, I'd definitely rectify the problem. But if wearing the crown here was what it took to pacify this next sadistic torment, then I would do it. It was a whole lot easier than everything else I'd been through. â€Å"Fine. Give it to me.† He handed me the bundle. I unwrapped and nearly dropped it when I saw what lay inside. Aeson had worn a gold circlet. Dorian's crown, which he rarely wore, was similarly simple. It resembled a ring of leaves, beaten out in different metals: silver, gold, and copper. Presumably Maiwenn and the rest of the Otherworldly monarchs wore similar items. But this†¦this was not a simple circlet. It was heavy and platinum, an intricate swirl of metal set with diamonds and amethysts. Storm King's crown. Only it was smaller. A bit more delicate. Designed for a woman. â€Å"What is this?† I exclaimed. The man gave me a puzzled look. â€Å"Your crown.† â€Å"This isn't the Alder Land's crown. This is my father's crown.† â€Å"What else would you wear, your majesty?† I tried handing it back to him, but he stepped away from it. â€Å"I don't want it. I won't wear it.† â€Å"You have to. It's the only way.† He looked at me pleadingly, almost like he wanted me to move on to the next stage of this game as much as I did. I didn't need his entreaty. I wanted to move on too. Badly. Badly enough to finally lift the crown up with shaking fingers and rest it on my head. Instantly, I no longer stood in the chamber. I was on a high, cragged peak, overlooking vast sweeping plains. The sky was dark and heavy with clouds, and lightning danced among them. Below, on the plains, armies stretched as far as the eye could see. Armies of gentry and spirits and the myriad creatures living in the Otherworld. The crown felt heavy on my head yet did a poor job of holding down my hair as the wind whipped it around. A gown of indigo velvet embraced my body, and a black and silver fur cloak draped my shoulders. In my left hand, I held my wand, and in the crook of my other arm, I held a baby. It was wrapped up in white blankets, its eyes closed. A fine haze of hair, its color indistinct, swept over its head. I had no idea who its father was – I didn't even know if it was a boy or girl – but some instinctual part of me knew it was mine. Tentatively, I reached out with my fingers and touched that fine hair. It felt like down, like the softest, finest silk imaginable. The baby stirred slightly at the touch, snuggling against me, and something inside of me stirred as well. I jumped as a hand encircled my waist, and a warm body moved next to mine. Dorian. A sword hung at his side, and a new crown sat on his head, more elaborate than his former circle of leaves. It was made of thick gold, heavy with jewels and dazzling to behold. But it wasn't as big as mine. â€Å"They're waiting for your order,† he said. I followed his gaze out to the fields of people and saw that they were all on their knees before me, heads touching the earth. Above them, thunder rumbled as the storm swirled restlessly. â€Å"I don't know what to do,† I told him. â€Å"What you have to do.† As though moving of its own accord, the hand holding my wand rose into the air. The armies rose with it, like I was a puppeteer pulling marionettes to life. A great roar sounded among them, swords banging on shields and magic flaring in salute. One downward motion, and I knew they would march. One motion from me, and I would unleash hell itself. The roar intensified. Dorian's body shifted closer. The baby stirred again. My hand felt heavy and started to fall†¦. I stood alone in the stone chamber. No man. No crown. The doorway had appeared, and I lunged for it. The darkness engulfed me, and I swear the tunnel had grown more narrow than before. Still I moved onward. I could feel Kiyo growing closer and closer. I ran, needing to find him, needing to reach out to him, needing to – And there he was. He lay on a small dais in this new chamber, wearing his human shape. He was on his back, whole and perfect, his hands clasped on his chest like a sleeping fairytale princess. I moved toward him, and a woman moved in front of me. I didn't know how I hadn't seen her before. She had just appeared. I looked at her and squinted, trying to focus, but had trouble. Her appearance kept shifting. One instant she was golden and lovely, honey-blond hair pouring to her ankles. The next she was pale as death, black hair sweeping behind her like a funeral shroud, yet still beautiful in a frightening sort of way. Persephone herself blocked my path, and I knew there was no way I could go through her. â€Å"Let me have him. Please. I've passed all the tests, just like you wanted.† What I wanted? It was the same voice I'd heard before, only now amusement tinged its edges. None of that mattered to me. They were not my tests. This world is what you bring to it. Most of the dead bring guilt or regret. You brought your fears. I peered beyond her to Kiyo, my soul screaming out to his. â€Å"What do you want? What do I need to do to take him?† What makes you think I'll give him to you? He's mine. I received him fairly. The dead do not leave my realm. I racked my brain, turning over every story or myth I'd ever heard. â€Å"What about Orpheus? You let him take Eurydice.† But in the end, she did not leave. He was not strong enough. She stayed. â€Å"You don't need him, especially since I've sent you so many other souls.† Was it truly for me? Or your own ends? â€Å"Does it matter?† Perhaps not. But now I have two more, and I do not have to give them up. â€Å"Then do it as a favor,† I begged. A favor? Her amusement grew. Why would I do that? â€Å"Because I've served you faithfully. And because we're the same. I'm trapped in two worlds too, and I don't think I can get out of that. I'm torn in two forever now.† I touched the butterfly tattoo on my arm, half black and half white. Just like Persephone, who spent half her existence as a goddess of springtime and half as a ruler of death. Just like me, half human and half gentry. Half lover, half killer. In Swan Lake, Odile is the dark swan and Odette is the light swan, yet both are played by the same dancer. She only stared, and I desperately tried to think of something. â€Å"You said this world is what we bring. I brought love too. Doesn't that count for anything?† She considered. That depends. Will you give up your love? Sacrifice it to me? Promise you will stay away from him forever, that you will forsake your love. I stared at Kiyo's inert form, thinking how it would be to never see him again. Something inside of me died at that thought, but I didn't hesitate. â€Å"All right. I agree.† Persephone stared at me a moment, then Kiyo vanished. It is done. â€Å"You sent his soul back? He'll live?† If his body is healed soon, then yes, he'll live. She continued staring at me, and I realized I'd made no such guarantees for my own return. In fact, I could no longer feel that glittering connection to my own body. You are trapped here, she affirmed. â€Å"I know. It's okay. It's worth it.† And I meant it. Kiyo's life meant more than my own. Her blue-to-black-to-blue eyes held me. Then, as improbable as it seemed, she sighed. Go back. Go back to your dual existence. I will see you again someday, and then you will stay. Her fingers touched my forehead, and a searing pain ran through me. My form disappeared in a flurry of feathers and black wings, and I felt myself being pulled out of this world. Just before I left completely, she spoke again. Her voice was tired and maybe just a little sad. Keep your love. I have no use for it anymore. An instant later, I woke up in my physical body, gasping and choking for air as I returned to life.