Friday, January 24, 2020
James Fenimore Cooper :: essays research papers
James Fenimore Cooper was born in Burlington, New Jersey on September 15, 1789. He was the eleventh of twelve children born to William and Elizabeth Cooper. When James was one year old the family moved to the frontier, and his father established the settlement of Cooperstown at the head of Susquehanna River. 	Cooper attended a private preparatory school at Albany, New York, and was then admitted to Yale in 1803. He was expelled from there during his junior year because of a silly prank. His family allowed him to join the navy as a midshipman, but he soon found that more discipline was present in the Navy than at Yale. In 1810 Cooper took a furlough, and never returned to active duty. 	After Cooper's father passed in 1809, he received a nice inheritance. Cooper quickly squandered his inheritance, and at thirty was on the verge of bankruptcy. He decided to try his hand at writing as a career. Carefully modeling his work after Sir Walter Scott's successful Waverly Novels, he wrote his first novel in 1820 called Precaution. A domestic comedy set in England, lost money, but Cooper had discovered his vocation. 	Cooper established his reputation after his second novel, The Spy, and in his third book, the autobiographical Pioneers (1823), Cooper introduced the character of Natty Bumppo, a uniquely American personification of rugged individualism and the pioneer spirit. A second book featuring Bumppo, The Last of the Mohicans written in 1826, quickly became the most widely read work of the day, solidifying Cooper's popularity in the U.S. and in Europe. Set during the French and Indian War, The Last of the Mohicans chronicles the massacre of the colonial garrison at Fort William Henry and a fictional kidnapping of two pioneer sisters. Cooper knew few Indians, so he drew on a Moravian missionary's account of two opposing tribes; the Delawares and the "Mingos." Although this characterization was filled with inaccuracies, the dual image of the opposing tribes allowed Cooper to create a lasting image of the Indian that became a part of the American consciousness for almost two cen turies. His public was simultaneously touched romantically at the doomed Indians' fate and justified in abetting their extermination. The hero of the novel, Natty Bumppo, was incredibly popular, a rebel heroically opposed to industrial society, he was a hero who never married or changed his ideals. 	Cooper was a prolific writer, publishing 32 novels, 12 works of nonfiction, a play and numerous pamphlets and articles.
Thursday, January 16, 2020
Neuromarketing: A Brave New World of Consumerism
Introduction t this point in our social history we are experiencing trends in marketing and consumerism that no cultural phenomena in antiquity has prepared us for. Each day between the hours of waking and sleeping we are exposed to 3000 ââ¬â 5000 marketing messages across every shape and flavor of media mankind has been able to devise In good conscience (Story 2007). Every niche, of every segment, of every market, for every product, has a multitude of competitors vying for space of mind, seeking to differentiate, remind, inform, or persuade themselves into our lives and shopping trellises (Copley 2004).This clutter, consternation, and competition has taken the humble consumer transaction to be something more akin to game theory, and contemporary marketing strategy has become a battle of minds and wills (Lee, Frederick, and Chamberlain 2007). Each new generation of consumer finds themselves delivered deeper Into an environment of Increasing media and message saturation.But, with every generational cycle a further sophistication In the adaptive discretionary filtering system is created in order for these individuals to preserve some degree of highly guarded ââ¬Ëpsychic space', and as such ââ¬Ëmarketing professionals re keenly aware of the obstacles posed by both information-processing limitations and viewer opposition' (Rumba 2002). ââ¬ËThe multiplicity of advertising messages to which each consumer is exposed dictates that advertisers place a lofty premium on the much-coveted psychic space of their Intended message recipients.Moreover, marketers Increasingly find themselves trying to reach target audiences who have an arsenal of cognitive, behavioral, and mechanical strategies for ad avoidance at their disposal' (Speck and Elliott 1997). Further adding to this already encumbered media/ immunization sphere is also the weight and complexity of the postmodern condition in which Goldman (1992) speaks of ââ¬Ërelentless scrambling of signified and sig nifier, mixing and matching meanings' and Brown (1995) goes on to highlight ââ¬Ëpractices such as fragmentation, De-deliberation, hypnotherapy, chronology, pastiche, pluralism and anta-functionalism'.This escalating complexity of exchange devised for increasingly more sophisticated and media salt-Ãâà »,' consumers attempts to side-step any ââ¬Ëpredictability of antiquated advertising conventions that could no longer pass through the filters of seasoned postmodern nonusers' (Goldman and Passion 1994).What remains is the perfect storm of social complexity, ever-changing message filtering, and big-business ââ¬Ësign wars' which has left some marketers believing that turning to the dark arts Is the only way to get ahead in marketing communications, with notably one energy drink brand literally and comically commissioning a Haitian priestess to channel a foul-mouthed voodoo deem-god to help design their advertising campaign (Panamas 2010). Enter stage left ââ¬â marketing' s. Thin such a relatively young field of inquiry the precise definition of marketing's s still finding its footing with conflicting definitions still being proposed and utilized by divergent agents within the realm (Fisher 2010). Perpetuating this conflict is the notion that academia and industry share limited cohesion in exploring this field, that private enterprises do not tend to publish findings or share proprietary information, and that more has been published about marketing's across the popular media, relative to the traditional tome of recognized peer-reviewed publications (Fisher 2010).In spite of this, Lee (2007) proposes that ââ¬Ëmarketing's as a field of study an simply be defined as the application of neuroscience methods to analyses and understand human behavior in relation to markets and marketing exchanges' and Fisher (2010) notes that marketing's ââ¬Ëcan be tentatively defined as marketing designed on the basis of neuroscience research'. These proposed definit ions avoid the subjective bias embraced by some proponents and detractors and are a suitable explanation of the topic for the purposes of this discussion.As brain sciences increasingly inform our daily lives, social practices, and intellectual discourses, ornamenting has become one of a collection of developing fields to gain the ââ¬Ëneuron' prefix along with neuroscience, neurasthenics, neuropathology, and neurotically ââ¬â these fields now collectively earning the moniker ââ¬Ëneuromuscular', ââ¬Ëand the brain-based explanations arising from it are progressively influencing public notions of personal identity, responsibility, and causation' (Fisher 2010).Why Marketing's? He most acute advantage thought to stem from the utilization of neuroscience in examining an individual's response to market based inquiries is its unfiltered objectivity and unbiased honesty. Typically the self-assessment measures commonly used in marketing research rely totally on the ability and wil lingness of the respondent to accurately report their attitudes and/or prior behaviors' (Petty and Caption 1983).However, it is believed that the brain approximately expends only 2 percent of its energy on conscious activity with the remaining majority devoted to unconscious thought and processes, thus, neurotransmitters believe, traditional market research methods ? like consumer surveys and focus groups ? are inherently inaccurate because the participants can never articulate the unconscious impressions that whet their appetites for certain products' (Singer 2010).In addition to this intrinsic inability for an individual to access all relevant perceptual data, this error factor cumulatively adds to any conscious or even unrecognized desire the respondent may have to please or deceive the information gathering unit, even further exaggerating the potential for inaccurate measurements. In contrast, physiological responses can be collected when respondents are actively partaking in re search activities and are difficult for subjects to control, although not difficult to affect (Petty and Caption 1983).In many ways marketing's is the lie detector of the marketing industry, but the potential application is much greater than simply extracting truthful responses, it may prove instrumental in uncovering the processes and transparent way than marketers have previously had access to. The benefits of marketing's are obvious when framed in the above context. This field creates the possibility for marketers to understand consumers to an extent that a myriad of techniques over many decades of investigation have only ever been able to scratch at the door of.Felt (2007) believes that, assuming the science can be translated into meaningful technology the power and the precision of the retrieved data as a management tool could prove sublime, it would finally enable marketers to reach out and pinprick consumers without using broad strokes'. ââ¬Å"In fact, exploring exactly what elements of an advertisement are critical to awareness, attitudes and evaluations of products, and whether these differ for different groups, should reduce firms' reliance on the ââ¬Ëblunt instruments' of blanket coverage, shock tactics, or sexual imagery' (Lee 2007).The Marketing's Mix he research generated by any given marketing's firm is of course a product article and as such marketing mix considerations are a requirement of presenting to the market, however, the more significant discussion is the current and conceivable application of this technology to play a major role in guiding and optimizing each of the up's of the marketing mix for utilities. Them Noble, Managing Director of ââ¬ËNeurotics' a major player in the burgeoning marketing's industry, has stated that ââ¬Ëall the biggest brands are using itâ⬠¦ But most of them are keeping it to themselvesâ⬠¦ Even so, marketing's has become a key part of today's marketing ix' (Fagan 2011). The technology is believ ed to be equally applicable to each of the seven aspects of the mix provided a suitable interpretation model is utilized to rationalist the raw data. The up's the literature most commonly discourses are reviewed below. Product Typically product designers refer to consciously generated studies of consumer preferences to inform the process, in such inquiries subjects are likely to be influenced by ââ¬Ënormative expectations and social influences' (Figurate 2007).For example, survey research typically reports that women find wrestler-turned-action ere ââ¬ËThe Rock unattractive ââ¬Ëbut their brain activity says otherwise: areas associated with attractiveness light up when women watch him on screen' (Singer, 2004). Bruit (2004) mentions that some tests conducted for Demolisher's showed that certain products can activate the self-reward centre of the brain which is the same region that natural stimulants such as sex, chocolate, and cocaine trigger, this action is aroused by the r elease of the molecule dopamine and releases endogenous opiates ââ¬â substances linked to lust and pleasure'.Whilst this trigger is not a guarantee of arches, all other things being equal ââ¬â designs that create pleasure are far more likely to be purchased than those that do not (Figurate 2007). Price Lee (2007) states that ââ¬Ëpricing seems to lend itself almost perfectly to normalizing research' and believes that age old questions like why ââ¬Å"prices such as ââ¬Ë$4. 99' are perceived as significantly cheaper than those such as ââ¬Ë$5. 00â⬠could be answered by simultaneously exploring the temporal and spatial nature of brain activity.Through utilizing this technology marketers can not only underpin optimal pricing strategies but also understand how and why pricing perceptions are formed. Place customers to seeing, hearing, feeling, touching, tasting, and smelling stimuli, stores may be able to customize environments to enhance the consumer experience, or weight the chances of a sale. ââ¬ËFor example, if normalizing data suggest a positive response to the touching of Jewelry, the consumer may experience a personalized discount prominently displayed in their sightline in order to provide encouragement for purchase' (Wilson 2008).Promotion Measurement of advertising messages and their success in provoking emotional responses can be gauged, and assumptions can be made about the subject's unconscious thought patterns depending on which areas of the brain ââ¬Ëlight' up (Figurate 2007). The reaction an agency wishes to evoke with a given advertisement e. G. Excitement, passion, hostility, humor, attention, etc. ; can be transposed to the brain map where these concepts are processed. If that brain area is unaffected after exposure to the advertising stimulus, it is obvious that the advertisement has failed this crucial test' (Figurate 2007) Schafer (2005) also states that ââ¬Ëneural scanning might be able to predict the strength of advertising recall for specific advertisements'. The History he earliest reported use of the term marketing's first appeared in a press release in July 2002 by Atlanta based advertising agency ââ¬ËBirthrights' announcing the creation of a new business division which utilized functional magnetic resonance imaging (fem.) for purposes of marketing research (Wilson 2008; Fisher 2010).However, the Economist (Inside the Mind of the Consumer 2004) duly notes that Harvard Professor-Emeritus Gerald Coalman filed a patent for ââ¬Ënormalizing as a marketing tool' in the late sass's approximately four years prior to Brightness's suspicious press release. In spite of this, some observers consider this technology to be part of a continuum that has been ongoing for much longer. ââ¬Å"Marketing's is simply the latest incarnation, says Joseph Throw, a professor of communication at the Ennobler School for Communication at the University of Pennsylvania. There has always been a holy grail in a dvertising to try to reach people in a hypodermic way,' he saysâ⬠(Singer 2010). Educated observers also make note that Journalist and social critic Vance Packard (1957) wrote ââ¬ËThe Hidden Persuaders' more than 50 years ago which is still considered to be a seminal work, which outlines how advertisers play(deed) on people's unconscious desires in an attempt to influence them. Run for our Lives? Neatly probing consumers for answers to every fear, desire, motivation, and preference in underpants color has begun to beg the question in some quarters, should we love this or fear it? It appears from the outset that this technology has been spawning controversy; however, some of this contention seems not to be entirely new in nature but the amplification and reinvigoration of well disputed ground, freshly driven by this new and acute mechanism.The contention largely remains in determining whether using such technology to understand the desires of consumers will be useful for serv ing them, or used for manipulating them, in short, is actions of a great many organizations and individuals, the main objective of marketing is to help match products with people (Rarely 2010; Kettle, Keller, and Burton 2009). ââ¬ËMarketing serves the dual goals of guiding the design and presentation of products such that they are more compatible with consumer preferences and facilitating the choice process for the consumer' (Rarely 2010).Marketing as ethical or unethical in practice is a purely a determination to be made on a case by case basis, not generalized in overarching sweeps. Rallies (1999) surmises that the organizational factors contributing to principled business undertakings or in fact impeding a unified ethical framework are moral reasoning, organizational ethical climate, level of economic development, and cultural dimensions, Murphy (2005) suggests on an individualistic level that indicative qualities can be determined from virtue and character ethics utilizing me asurements of the five core virtues of ââ¬â integrity, fairness, trust, respect and empathy.In comprehension, understanding the afore is to recognize that marketing's (like most industries,) exists within a context of moral heterogeneity and the concerns that exist toward the frayed edge of the ethical fabric, underpin a movement of anxiety toward the potentiality of neuron-techniques to probe the subconscious mind, and the conceivability of these vehicles to unduly influence consumers, turning them into shopping robots without their knowledge and consent' (Singer 2010).Singer (2010) states that ââ¬Å"marketing's is setting off alarm bells among some consumer advocates, who call it ââ¬Ëbrainwashing ? an amalgam of branding and brainwashingâ⬠. ââ¬ËOur contention is that neuroscience findings and methods hold the potential for marketing practices that threaten consumers' abilities to follow preferences and dictates according to free will' (Greene 2003).The controversy and paranoia surrounding a field that is yet to be evidenced or indicted of unethical practice is so potent that Senior and Senior (2008) have felt compelled to draft ââ¬ËA Manifesto for Marketing's Science' to guide the ethical functioning of practitioners, quell some f the fears of alarmists, and address potential dilemmas arising on this new frontier.The Advertising Research Foundation has also seen fit to undertake a collaborative study with the major operators in the marketing's industry to establish and implement the ââ¬ËNortheastwards Initiatives' agenda and determine ethical working canons for the field (ARP Announces Groundbreaking Northeastwards Study 2010). In addition to this above, the exploratory academic discipline of neurotics has continued to grow in unison with the developments in neuroscience research and neuromuscular, informing it all the while.Irrespective of the development in ethical governance, detractors warn that we do not have a current legal and so cial structure equipped to address technologies that are intentionally designed for subconscious persuasion. Singer (2010) states that ââ¬Ëif the advertising is now purposely designed to bypass those rational defenses, then the traditional legal defenses protecting advertising speech in the marketplace have to be questioned'.We are also warned that many legally and morally ambiguous issues will arise with the increase in marketing's usage such as Who ultimately owns brain scans, whether scans can e sold to other persons or institutions, and what happens to extraneous information, such as health problems, revealed by the scans' (Wilson 2008). The array positron emission tomography (PET), magnetoencephalography (MEG), functional magnetic resonance imaging (fem.), electroencephalography (EGG) galvanic skin response (USSR), eye tracking technology, electrocardiography, and electromyography (Figurate 2007; Lee 2007).It is noted that any corporeal measurements gained through the use of these instruments are strictly limited by the skill the interpreter has in correlating bio-readings to mental/emotional states, and therefore into actionable ATA. There has been some research to show that imagery favored in traditional research preference tests are often not the ones that stimulate the emotional centers of the brain (Uncommon 2007), according to People (quoted in Harris 2006) however, emotion is one of the major keys to all marketing and by monitoring brain activity we can get very good indication of when an emotional connection has been made.Unfortunately, these results can only reveal activation correlated with particular imagery but cannot predict outcomes with certainty, and it does in fact highlight the actuality that there is ââ¬Ëno direct link between arousal and behavior; no measure of purchase intent' (Figurate 2007). According to James (2004) the only time a human being cannot help acting on arousal is as a toddler'.Some critics throughout the literatu re have argued for the existence of a ââ¬Ëbuy button' in the brain, the above suggests that there could be no overriding of an individual's cognitive control and ââ¬Ëcurrent evidence suggests that the cognitive processes associated with purchase decisions are multi factorial and cannot be reduced to a single area of activation' (Rarely 2010). In the face of decries and skeptics Joey and Kilts Remain, Brightness's CEO and founder claim that rather than forecasting the shopping behavior of individuals, marketing's will help develop an understanding of how people develop preferences. Our goal is to change company, not consumer, behavior,â⬠says Remain. He adds that this philosophy could improve advertising ethics. ââ¬Å"What if you could, for example, show a company that their moral and ethical behavior has a bigger influence on consumer preference than the color of their packaging or current tag line? ââ¬Å"ââ¬Ë (Singer 2010). New Scientist magazine conducted a est. of marketing's to choose the ââ¬Ëmost attention getting cover for its 5th August 2010 issue.Nineteen readers of the magazine were shown three alternative covers during EGG tests from which one was ultimately selected. The ultimate result of this experiment and the ensuing cover choice, was a 12% increase in sales year-on-year and the second highest selling issue of the year which the deputy editor Graham Layton claimed was ââ¬Å"unheard of in Augustâ⬠(Tartan 2010). Outside of this, virtually no other results have been published either confirming or condemning the predictive ability of marketing's in the marketplace.However, the one strong virtuous indicator that does exist, is the very fact that a multitude of global companies such as Google, CBS, Frito-Lay, Demolisher's, Brown-Foreman, General Motors, American Express, Campbell Soup, MAT, Disney Media, Heresy's, Millimeters, Colgate- Palmolive, NBC, ESP., and Turner Broadcasting are utilizing this technology as a regular co mponent of their own brand research efforts (ARP Announces Groundbreaking Northeastwards Study 2010; Rarely 2010; Figurate 2007; Bruit 2004). E detractors of marketing's see a dyspepsia future ahead, they envisage a world here we all become little more than purchase-making drones, slaves to big business recklessly pushing away at ââ¬Ëbuy buttons' in our brains to move their wares and their stock prices. Valid concerns have been raised from some quarters citing the potential for the increase of ââ¬Ëmarketing-related diseases' such as obesity, heart disease, and similarly related health issues (Fisher 2010).What we understand from the above however, is that marketing's cannot now or any currently conceivable point in the future, have any ability to override an individual's cognitive control. Marketing's may help to design a more attractive car but will never have the ability to make a man sell his children to purchase it. Even with the limitations of the technology, neurotransmi tters and researchers alike are currently exploring the ethical parameters of the field in order to create a unified framework for operation and quell concerns that vocal outliers currently raise.The primary purpose of this technology, as is the purpose of all marketing research, is to better understand the needs and wants of consumers, the biggest problem with traditional research is the intimidation by a participant's own cognitive bias, or as advertising legend David Googol once said: ââ¬Å"The trouble with market research is that people don't think how they feel, they don't say what they think and they don't do what they say' (quoted in Scar 2011).
Wednesday, January 8, 2020
Malaysian Court System - Free Essay Example
Sample details Pages: 8 Words: 2480 Downloads: 5 Date added: 2017/06/26 Category Law Essay Type Review Level High school Did you like this example? Task 1a)There are three courts with different jurisdiction within what is known as the Superior Court. They are the Federal Court; i.e. the highest court in the land, the Appeal Court, the High Court of Malaya and the High Court of Sabah and Sarawak. Each is head by a federal judge called Chief of Justice of the Federal Court, President of the Appeal Court, and Chief Judge of the High Courts of Malaya and Sabah and Sarawak. The subordinate court comprises the Session Court and the Magistrate Court. In the Peninsular, there is also the Penghulus Court but the latter is increasingly less used. In Malaysia, they are presently 60 Court Judges, 52 in the Peninsular and 4 each in the states of Sabah and Sarawak. At level, there are 151 Magistrate. Of that numbers, 122 for the Peninsular, 10 Sabah, 1 Federal territory of Labuan and 18 only 118 were filled in the Peninsular, 7 in Sabah and 12 in Sarawak.In addition to the above, there are also several tribunals or such as the Industrial Court, Labour Court, the Mining Court, Courts Martial, and the Special Court, each dealing with specific matters already mentioned very briefly.At the state level, there are several courts; Syariah Court that is further sub-divided into Syariah Court of Appeal, Syariah High Court and Syariah Lower Court, and in the states of Sabah and Sarawak, the Adat (Native) Court.Superior courtFederal CourtThe Federal Court is the highest court in Malaysia. The Federal Court may hear appeals of civil decisions of the Court of Appeal where the Federal Court grants leave to do so. The Federal Court also hears criminal appeals from the Court of Appeal, but only in respect of matters heard by the High Court in its original jurisdiction (i.e. where the case has not been appealed from the Subordinate Courts).Court of AppealThe Court ofAppeal generally hears all civilin his warrant, which can be punished with a fine not exceeding RM50.b)Thecourt in Malaysia that are empowere d to hear appeal cases are the Court of Appeal which headby the President of the Court of Appeal.Itcomprises 10 other judges, excluding the president.The Court of Appeal was constituted from the Federal Court which was abolished when the Supreme Court was formed in 1985. It resurfaced again 1995, the Supreme Court was Federal Court and the Court of Appeal as in pre- 1985 period. The appointments of members of the Court of Appeal are made by the King upon the of Prime minister who is constitutionally required to consult the Chief justice and the President of the Court of Appeal. They shall hold office until reaching the age of 65.TASK 2a)In Malaysia, parties in a civil dispute are advised to settle their disputes outside the court room. This resolution called as alternative dispute resolution (ADR). ADR being introduced to provide an alternative settlement outside an open court which is private and less time-consuming while giving the opportunity to the parties in dispute to d ecide on their terms of settlement and to reduce backlog of cases in the courts. This resolution consist in four forms i.e. negotiation, mediation, conciliation and arbitration. By the way, in Malaysia all these alternative dispute resolution do not being apply towards the criminal proceedings as practised in many countries.One of the more ignored aspects of employment law is tribunal procedure. To this neglected area the Coalition Government has brought in a host of reforms to address what is regarded as an economic imperative. This commentary considers the employment law reforms contained in the Enterprise and Regulatory Reform Act Part 2.Coming at the mid-way point in the Coalitions planned reforms which are scheduled to be fully introduced as of 2015, this legislative overhaul of employment tribunal procedure has been linked to efforts to improve the countrys economy. Government reports published leading up to the passage of the legislation offer guidance to the new frame work. The package contains a negative and singular view of employment litigation. The Act and Regulations may assist employers, but more remarkable is the Governments ambivalence regarding rights. These reforms put into question access to redress for potential infringements of employment rights and emphasise the use of law as a tool for economic stimulation rather than a source of rights protection.This commentary first briefly situates the package within a continuum of procedural changes and then outlines the long-standing discussion regarding Employment Tribunal reform. The next segment delves into the reforms by considering three provisions which are: the requirement for claimants to report their claims to Acas first; fees for launching claims; and settlement offers. This discussion is interspersed with references to Government documents anticipating the changes. Based on these foregoing sections, the final portion of this commentary investigates instructive themes emergin g from the current reforms package. The Coalitions plans are of particular importance to small-to-medium-sized (SME) and microbusinesses. The emphasis of employment regulation is being shifted to that of an easy-to-use format accessible to those entirely unfamiliar with these regulations. Together this package suggests fundamental change in employment law: a retrenchment of the parameters for access to redress which has the potential to limit the enforcement of recognised employment rights, especially when determined by their impact on business.(Nuraisyah Chua Abdullah (2013), Questions Answes on MALAYSIAN COURTS, STATUTES, CASES CONTRACT, TORT AND CRIMINAL LAW. International Law Malaysia . page 48)(Industrial Law Journal, retrieved from https://ilj.oxfordjournals.org/content/42/4/409 full accessed on 23 Decembercenario given is mediation. This is because by using mediation the parties that involved would either reach a settlement according to the proposals of the mediator o r the case will be brought to the court. Other than that, the types of disputes that is suitable for mediation are family disputes and business or trade disputes. As the scenario given was involving the employer and the employee so that the mediation will be suit to handle the case given. (Nuraisyah Chua Abdullah (2013), Questions Answes on MALAYSIAN COURTS, STATUTES, CASES CONTRACT, TORT AND Law Book Services. Selangor : Malaysia . page 48-49)TASK 3a)Liability in law is an obligation of one party to another, usually to financially. It is a fundamental aspect of tort law, although liability may also arise from duties entered into by a special agreement as in a contract or in the carrying out of a fiduciary duty. The affixing of liability may once have been simply a peace-preserving alternative to the practice of an injured party taking vengeance. Based on the Law Dictionary, personal liability describes a personal wrong to a person such as an assault or the wrong resulting in damage of personals feeling. the laws emphasis has long been that one who is able to pay (who, in modern terms has deep pockets ) should pay one who has lost something through an action of the payer, even if that action was blameless. Under the principle vicarious liability, an employer may be jointly and severally liable with his employee for torts committed by the latter. Based on the Encyclopedia of Crime and Justice, vicarious liability, which is common in some areas of the law, refers to legal responsibility for the actions of another. Some of the rationales of the concept of vicarious liability are such follows :i.The employer must have been negligent in employing a negligent servant or) failing to control his servant.ii.Since the employer benefits from the employees work, he should also bear the responsibility for damage caused by his employee.iii.The employer has the greater fund to pay damages to the injured party than the employee.iv.Usually the employer is not an individual, but an enterprise or undertaking, therefore, they can spread the loss. Moreover, they also have insurance coverage.However, if thee tort is committed by an independent contractor rather than bya n employee, the person who engages the independent contacrtor would not be liable for the tort committed by the latter. By the way, it can be argued that liability for the wrongs of independent contractors do exist on the grounds that he failed in his duty to ensure that competent conractor was employed and also where the operation is of a particularly dangerous nature a in the case of Honeywill Stein v Larkin Bros [1934] 1 KB 191.Strict criminal liability is often confused with vicarious liability, with which Thus, if A, Bs employee, knowingly serves liquor to a minor, and B is held liable, B is vicariously liable, but not strictly liable, since someone for whom he is held responsible acted with mensrea. If, however, A did not know his customer was a minor, and is never theless held liable, A is strictly liable. And if B is held liable as well, he is now vicariously and strictly liable. Many of the early cases understood to impose strict liability actually involved vicarious liability. Normally a defendant is not liable unless he does something wrong. There is one exception to this general rule where a defendant will be liable even though he violated no duty and did nothing wrong. This exception is sometimes called strict liability or absolute liability. (Nuraisyah Chua Abdullah (2013), Questions Answes on CRIMINAL LAW. International Law Book Services. Selangor : Malaysia . page 163-165)( Encyclopedia of Crime and Justice, retrieved encyclopedia.com/topic/Strict_Liability.aspx accessed on 23rd December 2014)( Encyclopedia of Crime and Justice, retrieved from https://www encyclopedia.com/topic/Vicarious_Liability.aspxaccessed on 23rd December 2014)( Principles of Liability and Personality, retrieved from https://www lawteacher.net/free-law- dissertations/principles-of-liability-and-personality.php accessed on 23rd December 2014)b)Legal obligation of one party to a victim as a resultof a civil wrong or injury This action requires some form of remedy from court system. A tort liability arises because of a combination of directly violating a persons right and the transgression of a public oblication causing damage or a private wrong doing. evidence must be evaluated in a court hearing to identify who the tortfeasor/ liable party is in the case.base on www.lawdictionary.com/defination/tort liability.html Task 4a) Define the term contract1)Defined terms and definitions are used toarchitecture, a negative correlation was identified in respect of several variables, such as firm size, share of value added and productivity (value added per employee). Conversely, the correlation between RAs and sectoral performance across key indicators was positive in professions such as engineering (employment, turnover and value added ) and within specialised construction activities (no. of employees employment, turnover and value added). While this finding is the opposite of what might be expected, there may be other unidentified variables that influence sectoral performance in the countries within scope. The rank correlation and regression analysis found that the exclusive reserve of icant at conventional confidence levelsactivities within engineering, architecture and building services may lower productivity compared with EU countries in which the same professions do not have specific qualifications requirements. Based on https://www.law.cornell.edu/wex/legal_systems method of resolving disputes other than by litigation. Abbreviated as ADR. the Public courts may be asked review the validity of ADR methods, but they will rarely overturn ADR decisions and awards if the disputing parties formed a valid contract to abide by them. the Arbitration and mediation are the two major forms of ADR.Arbitration, a wid ely used form of ADR, is a kind of dispute resolution method that the disputes arising between the parties are resolved by the arbitrators appointed by them instead of states legal bodies. the Mediation, a wide applicable form of ADR, is a method in which the mediator provides better communication between the parties of the dispute. then The mediator does not guide or direct the parties, or gives an advice or gives a binding decision like an arbitrator or a judge. then The mediator only contents with asking directive questions to the parties better communication with each other.In case an agreement is not reached at the end of mediation process, the information and documents obtained from the deliberations cannot be used as evidence in a possible, future lawsuit.The Tribunal ProcessAlthough some employees and employers can now choose to follow an alternative dispute resolution procedure, most employee complaints are still heard at an employment tribunal. but You need to tak e tribunals seriously. because If you have well-thought-out procedures, and follow them, you can prepare good evidence making it easy to defend your actions.The interpretation of employment law is moving in favour of the 2009 b) Identify the parties involved in the senario 3 with the help of a proper diagram and their responsibilities.BankThe banker is to advise companies, institutions and governments on how to achieve their financial goals and implement long and short-term financial plans Corporate investment bankers work in dedicated teams, focusing on specific transactions or market sectors. then They also work alongside other related professionals such as lawyers and accountants. A typical corporate finance deal involves two stages:Origination: assessing a deals desirability which is sometimes an innovative idea from the bank rather than the client. Financial models are used to simulate possible outcomes. This requires a deep understanding of a sector.Execution: structurin g and negotiating the detailed terms of a deal, often in liaison with other professionals Although dealing with different, specific business areas, project teams liaise with one another during the two phases of a deal in order to obtain relevant specialist information and market intelligence.Typical activities on a day-to-day basis include:*thoroughly researching market conditions and developments;*identifying new business opportunities;*carrying out financial modelling, then developing and of presenting appropriate financial solutions to clients;*liaising with the chief executive and chief finance officers of large organisations;*co-ordinating teams of professionals including accountants, lawyers and PR consultants and working closely with them.ClientThe client should ensure the following concerning the principle contractor:* that the potential principal contractor to be appointed has the necessary competencies and the resources to carry out the construction work safely.* ens ure prior to work commencing on site that every principal contractor is registered and in good standing with the compensation fund or employee, and awards are increasing, so it is important to understand to the system and the way tribunals operate.This briefing covers:1.The tribunal process, from the start to finish.2.How to defend a case.3.How to prevent disputes arising. the Employment tribunal hearings usually take place before a legally qualified employment judge and two lay members, one nominated by an employersorganisation and the other from a union oremployees body.The employment tribunal process is impartial, but in an unfair dismissal claim it does generally start by assuming that there is a case for the employer to answer._Tribunals try to be guided by what is reasonable. They will take into account prevailing standards and practices in your industry and recognise that special difficulties can arise in smaller firms._Awards made by the tribunal are aimed at compensa ting the employee, not punishing the employer.b)The selection of ADR b Donââ¬â¢t waste time! Our writers will create an original "Malaysian Court System" essay for you Create order
Tuesday, December 31, 2019
Know Thyself Essay - 926 Words
Consider the ancient imperative ââ¬Å"know thyselfâ⬠. How can different ways of knowing help us as individuals and communities to achieve this goal? Shakespeare once said, ââ¬Å"Life is but a stage and men merely players on it.â⬠In order for us to become main characters on this stage, instead of mere extras, we must be able to truly identify who we are as individuals first. After this has been accomplished we can find out how we can benefit our society. When complete self-awareness, self-knowledge, self-confidence, and self-respect are reached, than you can truly ââ¬Å"know thyself.â⬠In all of the Natural Sciences, be it physics, chemistry, or biology, the physical world is dissected and analyzed. Using a language of their own, the Natural Sciences goâ⬠¦show more contentâ⬠¦They are Identity Foreclosure, Identity Diffusion, Moratorium, and Identity Achievement. My sister has passed the Identity Foreclosure state where she accepts everything blindly and does not question her surroundings. She is now in the Identity Diffusion state in which she is still not looking for an identity for herself, yet she is beginning to question her surroundings. In this stage she has a complete lack of self-identity and no commitment to her personal goals. Most teenagers at our age, about 16 or 17, are in a state of Moratorium in which we still do not know who we are, but we are striving to create an identity for ourselves. This is reflected in the clothes we wear, the music we listen to, and the groups we tend to hang out with. The last stage, which many do not even reach, is the Identity Achievement stage, in which the person is happy with their share in life and is committed to their own values and goals. Henry Shaw once said, ââ¬Å"It is not only the most difficult thing to know oneself, but the most inconvenient too.â⬠Many people who lack a clear identity, and therefore feel insecure because of it, may turn to chat rooms or to gangs, where they can portray themselves as anything they want to be. Knowing thyself is extremely important to both the individual and society in general, for it causes the person to become more committed to their goals, and allows them to truly understand others. A society populated by individuals is much moreShow MoreRelatedThe Delphic Interest to Know Thyself613 Words à |à 2 PagesSocial therapists and different mortals are entranced by the Delphic interest to Know thyself. Really, it was not the prophet talking, however presumably a pedant sovereign who put these words on the front of the sanctuary of Apollo. He didnt ask that we run quick, get in shape, or win fights. He asked that we know ourselves. Why? What did he mind? Maybe the skeptic sovereign suspected that in the event that we knew ourselves, social order might be fit as a fiddle [which raises the inquiryRead MoreAnalysis Of Know Thyself 1499 Words à |à 6 PagesKnow Thyself has always been seen as the fulcrum of the western philosophical tradition. Questions of subjectivity, the self and personal identity continue within the contemporary philosophical discourse to this day. It still remains a key factor connecting western and eastern philosophy and modern with ancient philosophy. When Sartre takes up the question in Transcendence of the Ego, it marks a fundamental shift in the western philosophical tradition. Beginning with Descartes, and continuing upRead MoreSocrates659 Words à |à 3 PagesSocrates Socrates was accused of many things in the Athens market. Socrates was accused of being a man who makes the worse argument into the stronger argument. A man who knows about the heavens and earth and therefore any one who believe this must not believe in the gods. Socrates was accused of being an atheist. Most of the people that followed him around his quest were inquisitive. Where as most adults would walk by Socrates with his ââ¬Å"annoying questionâ⬠the youth stopped to see what heRead MoreThe Unexamined Life Is Not Worth Living Analysis1870 Words à |à 8 Pagescareer, or is it all of these things combined? Socrates, often thought of as the father of western philosophy, claimed that knowing oneââ¬â¢s self and living virtuously, is what makes life worth living. ââ¬Å"the unexamined life is not worth livingâ⬠and ââ¬Å"Know Thyselfâ⬠are both common quotes from Socrates, that help us define his concepts of psyche, and techne, and how these concepts form t ogether to explain virtue and his view of intellectualism or reason over ego. First, letââ¬â¢s look at the word virtue and seeRead MoreEssay about Know Thyself1335 Words à |à 6 Pagesââ¬Å"Know thyselfâ⬠ââ¬â Socrates. Self-awareness is the act of being fully perceptive about oneââ¬â¢s innermost self; an essential part to oneââ¬â¢s life. However, this self-inquiry is not easily obtained. ââ¬Å"Self-awareness and its accompanying egoism profoundly affect peoples lives, interfering with their success, damaging their relationships with other people, and undermining their happiness.â⬠(Leary) Oneââ¬â¢s self can become distorted through the influence of society and their beliefs. ââ¬Å"Knowing others is wisdomRead MoreEQ is More Important than IQ1452 Words à |à 6 Pagesenabiling- or disabling thought itself. How we do in life is determined by both -It is not just IQ but EI that matters.â⬠(p. 28) Much evidence testifies that people who are emotionally adapt, know and manage their own feelings well are at an advantage in any domain of life. For example people who know how to manage their emotions are people whom we like to be around with because their emotional skills make us feel good. There is growing evidence that fundamental ethical stance in life stem fromRead MoreSocrates : A Classical Greek Philosopher And The Father Of Western Thought752 Words à |à 4 PagesIndividual Creative Paper Socrates was a classical Greek Philosopher and the father of Western thought. He was born in Athens Greece, in (c. 470-399 B.C.E.) (Archetypes of Wisdom, 95) Little is known about his life, but what we do know through the writings of his students, especially Plato, is that Socrates had a unique philosophy and charisma. Socrates was born to Sophroniscus a sculptor, and mother Phaenarete, a midwife. Because he was not from a royal family it is assumed that he most likelyRead MorePerseverance772 Words à |à 4 Pagesteachings, his word prepares us to face any and everything Satan has planned for our lives. No matter what the devil throws our way our persistence is key to showing the devil our God is an awesome God!! IITimothy 2:15 says 15Study to show thyself approved unto God, a workman that needeth not to be ashamed, rightly dividing the word of truth. When you have perseverance a deep commitment is shown ***Would you all agree that the Christian walk could be compared to a Triathlon, not a quickRead MoreWhy Socrates Were Alive Today?920 Words à |à 4 PagesIf Socrates were alive today, how must he feel about the Delphic inscription of ââ¬Å"Know thyselfâ⬠would still be a relevant question in which our society is still trying to answer in 21st Century living? In todayââ¬â¢s fast paced society, the individual can easily get dehumanized by their work, technology, family commitments and the political process. A person is easily swayed by public opinion and not be able to think for themselves in fear of retribution and conflict. Sometimes it is easier to go withRead MoreOedipus Victim Of Fate Essay876 Words à |à 4 Pagesstill wevers in fates power. Inscribed on the Temple of Delphi are the words, ââ¬Å"Know thyself.â⬠Can we ever really ââ¬Å"know ourselvesâ⬠? And if we can, do we want to know what weââ¬â¢ll find? Was Oedipusââ¬â¢ quest for self-knowledge his downfall or his salvation? Explain. We are always pursuing self knowledge about yourself and humane(). Fully knowing ourselves brings the truths of human nature(). You can not truly know thyself due to facts about yourself you disregard and ignore(). His quest for self knowledge
Monday, December 23, 2019
Islamic and Catholic Views on Genetic Engineering
Primary and Secondary sources found that Gene Enhancement had no place in the religions of Catholicism and Islam; both believe it is selfish, unnecessary and unethical. It is an embellishment to human vanity and additionally, insults human integrity when the offspring is affected by the technology. (What is the Catholic view on genetic engineering? - Mary Meets Dolly. 12/ 05/ 2014.) The Catholic Church In 1983, Pope John Paul II mentioned in an address ââ¬Å"genetic enhancement was permissible- indeed, laudable- even from a Catholic point of view, as long as it met certain basic moral rules. Among those rules: that these therapies be available to all. Ensuring equality of care may become inseparable from ensuring equality of opportunity.â⬠â⬠¦show more contentâ⬠¦Ã¢â¬Å"2295 Research or experimentation on the human being cannot legitimate acts that are in themselves contrary to the dignity of persons and to the moral law. The subjectââ¬â¢s potential consent does not justify such acts. Experimentation on human beings is not morally legitimate if it exposes the subjectââ¬â¢s life or physical and psychological integrity of disproportionate or avoidable risks. Experimentation on human beings does not conform to the dignity of the person of it takes place without the informed consent of the subject or those legitimately speak for him.â⬠(CCC; 29/05/14) This paragraph explains that scientific technologies are not permissible if it used for illegitimate or unnecessary means. Ethical frameworks would all agree on rejecting the use of Genetic Enhancement which is used for morally unacceptable purposes to better an individual which already has necessary wellbeing for life. The Catholic Catechism additionally states, ââ¬Å"2292 Scientific, medical, or psychological experiments on human individuals or groups can contribute to healing the sick and the advancement of public health.â⬠The Catechismââ¬â¢s paragraph mentions that experimentation is allowed in the situation that it provides benefit to the greater good. This follows the concepts of Common Good, Social Conscious and interconnectedness. These concepts explain that ethical deliberations, like gene experimentation, are not made in a moral vacuum. GeneShow MoreRelatedTreatments for Infertile Couples Essay1181 Words à |à 5 Pagesinfertile couples have children are as follows. Some Roman Catholics believe that God gave us life and no one has the right to give children. The Catholic Church does not allow most treatments the feel as if the sacredness of life is being taken for granted. Catholics do not allow IVF treatment because several eggs are fertilised and some of them are thrown away which is the same as abortion. The Roman Catholic Church condemns all types of surrogacy because it involvesRead MoreCloning Is The Cloning Of Cloning1818 Words à |à 8 PagesIntroduction In biology, a clone simply means that an object, cell, or whole organism has the same genetic makeup as the original object, cell, or organism. Cloning means an organism is generated genetically identical from an existing organism through non-sexual means. Cloning simply means to make an identical duplication of genes, fragments of DNA molecules, organs, or cells. There are three different types of artificial cloning. They include gene cloning, reproductive cloning, and therapeuticRead MoreMedical Ethics: an Inclusice History2719 Words à |à 11 Pages As long as there has been some form of medical treatment in the world, there has been someone who has voiced their ethical viewpoints on the treatment of patients. It is difficult to trace back the very first ethical thinking in medicine, but Islamic and Muslim traditions have left their footprints in Medi cal and Bioethics since before the medieval and early modern period. The first piece of literature ever dedicated to the field of medical ethics was written in the 9th Century by Ishaq bin AliRead MoreSources of Ethics20199 Words à |à 81 PagesETHICS: 6 1- Religion: 6 2- Genetic Inheritance: 8 3- Philosophical Systems: 8 4- Cultural Experience: 8 5- The Legal System: 9 6- Codes of Conduct: 9 2.0- EXPLANATION OF THE SOURCES OF ETHICS: 10 2.1- RELIGION: 10 Teaching business ethics 12 2.11- Impact Of Religiosity: 13 2.12- Ethics Of Islam: 14 Nature of Islamic Ethics 17 The Human-Environment Relationship: 20 The Sustainable Care of Nature: 22 The Practice of Islamic Environmental Ethics: 22 2.14-Read MoreNivea Presentation3606 Words à |à 15 PagesInternational Islamic University Chittagong Introduction Country Selection: Germany Objective: This group assignment aims to conduct an international market environment study of Germany trading partners of Bangladesh, mainly export destinations, focusing on the â⬠¢ Foreign trade practices of Bangladesh with those trading partners and â⬠¢ Trade barriers against Bangladesh exports to these countries. Methodology: Specific Product Selection: General Trade area. Discussions Read MoreGp Essay Mainpoints24643 Words à |à 99 Pagesproblems i. Power + Responsibility of Media j. Media ethics k. New Media and Democracy 2. Science/Tech a. Science and Ethics b. Government and scientist role in science c. Rely too much on technology? d. Nuclear technology e. Genetic modification f. Right tech for wrong reasons 3. Arts/Culture a. Arts have a future in Singapore? b. Why pursue Arts? c. Arts and technology d. Uniquely Singapore: Culture 4. Environment a. Developed vs. Developing b. ShouldRead MoreHbr When Your Core Business Is Dying74686 Words à |à 299 Pages2007 14 Departments 12 COMPANY INDEX 14 FROM THE EDITOR 53 2006 MCKINSEY AWARDS AND 2007 MCKINSEY JUDGES 20 What the Boss Wants from You What should CEOs and their direct reports expect from each other? When Larry Bossidy laid out his views to a group of young executives, they couldnââ¬â¢t take notes fast enough. You donââ¬â¢t have to write down what he said, though, because Larry has done it for you here. And it will be on the exam. 88 STRATEGIC HUMOR 111 TOOL KIT The Process Audit MichaelRead MoreOne Significant Change That Has Occurred in the World Between 1900 and 2005. Explain the Impact This Change Has Made on Our Lives and Why It Is an Important Change.163893 Words à |à 656 Pagesrecent phase of the human experience is usually covered only at the end of a multiterm sequence of world history units has meant that it often ends up becoming a rushed add-on of rather random, abbreviated capsule summaries and general overviews. In view of the fact that no phase of history can begin to match the twentieth century in terms of the extent to which it has shaped the contemporary world, this marginalization is particularly pernicious and has been at times literally lethal. The unmatchedRead MoreInternational Management67196 Words à |à 269 Pages trade ministers from around the world met in Seattle to launch a new round of global trade talks. In what later became known as the ââ¬Å"Battle in Seattle,â⬠protesters disrupted the meeting, and representatives of developing countries who felt their views were being left out of the discussion succeeded in ending the discussions early and postponing a new round of trade talks. Two years later, in November 2001, the members of the WTO met again and successfully launched a new round of negotiations atRead MoreStephen P. Robbins Timothy A. Judge (2011) Organizational Behaviour 15th Edition New Jersey: Prentice Hall393164 Words à |à 1573 PagesKeep It Close? 438 Case Incident 2 The Persuasion Imperative 439 xvi CONTENTS 14 Conflict and Negotiation 445 A Definition of Conflict 446 Transitions in Conflict Thought 447 The Traditional View of Conflict 447 â⬠¢ The Interactionist View of Conflict 447 â⬠¢ Resolution-Focused View of Conflict 449 The Conflict Process 449 Stage I: Potential Opposition or Incompatibility 450 â⬠¢ Stage II: Cognition and Personalization 451 â⬠¢ Stage III: Intentions 452 â⬠¢ Stage IV: Behavior 454 â⬠¢ Stage V: Outcomes
Sunday, December 15, 2019
Adopting Telemedicine in developing countries Free Essays
ICTs are technologies that have spread widely and are cheaper for use by the general public. Even though information and communication technologies could tackle some of the heath care challenges that face the modern society, the utilization of ICTs is faced by numerous challenges for social as well as historical transformations that are associated with other natural rights. The case is not different in the field of telemedicine. We will write a custom essay sample on Adopting Telemedicine in developing countries or any similar topic only for you Order Now Telemedicine is an example of ICT that has been used in the world for over forty years. Modern telemedicine applications employ high quality image and video in addition to audio capacities. These technologies range form excellent resolution still images to complex teleconferencing apparatus. Recent developments in ICT are encouraging and they include the use of internet, wireless ICT diffusion, and the exchange of medical information electronically in addition to remote consultations. Infrastructure factures that have an effect on the outcomes of telemedicine include: the national ICT infrastructure in addition to the governments preparedness, approach, as well as policies towards information and communication technology. Technically sophisticated telemedicine applications are currently employed across a wide range of healthcare settings. This technology allows medical personnel to transmit images through mobile phones and sophisticated wireless devices (Martà nez, Villarroel, Seoane, and Pozo 2005, p. 1). 3.1.2 E-Health Policies Various shareholders of the telemedicine sector have numerous opportunities to become deeply involved in the development policies that affect the industry. Shareholders of this sector include vendors of information technology, manufacturers of medical devices, health care professionals, decision makers and the government. E-health policies are set in such a way as to improve network capacity, enhance ability of transcending geo-political, social, economic and cultural obstacles. Policies should be set in such a way as to allow teleconsultation beyond national borders. Patients in addition to medical care professionals should be offered with a chance of seeking evidence based opinion as well as treatment from overseas through teleconsultation (Lee, Mun, Levine and Ro 2000, p. 28). 3.3 Capabilities of health sector institution The modern health care system has undergone numerous modifications in order to meet the ever increasing heath needs of the population. One of the modifications is the implementation of telecommunication in health care. All modifications in the health care sector are carried out with the patient being the center of focus. Telemedicine and telegraphy are some of the most recent telecommunication strategies that have been incorporated in the health care sector. Currently, digital images of a patient can be sent over a wireless device to a medical personnel and medical consultations carried out over the internet (Tanriverdi and Iacon, 1998, p, 40). 3.4 Analysis of Telemedicine case studies in developing countries The emergence to telemedicine is associated with the search for communication-oriented solutions to make it easy for rural populations to access medical services. Telemedicine is considered as one of the most appropriate ways through which contemporary medical services can reach the underserved regions (Lee, Mun, Levine, and Ro 2000, p. 16). Reality has however, gone in a different direction. Extensive studies with telemedicine in developing nations have not yet demonstrated the potential of telemedicine. There are a number of factors that need to be implemented in order that telemedicine services in rural areas become sustainable. A highly robust organizational strategy needs to be implemented, a radio based system should be erected and resources utilized properly; remote maintenance systems should be implemented; a high technological base should be established; and all information and communication should be satisfied through simple and synchronous systems (Kifle, Salmon, Okoli, and Mbarika 2008, p. 5). Despite the numerous benefits associated with telemedicine, the program has been slow to come into routine use in both rural and urban zones. 4. Evaluation of the current situation of Telemedicine in rural and urban zone Telemedicine holds a great hope for health care and medical centers both in rural areas and urban centers. Rural areas in particular have for long been faced by shortage of medical personnel, scarcity of means of transportation in addition to other access issues such as unfavorable weather conditions. Telemedicine allows for teleconsultation that utilize a variety of technological advancements such as voice over internet, digital images, digital video teleconferencing, in addition to other emergency services (Martà nez, Villarroel, Seoane, and Pozo 2005, p. 70). However, there are various issues that affect the implementation of telemedicine in rural areas. These include: poor infrastructure, limited bandwidth availability in network systems, and scarcity of internet providers. Telemedicine is not only about the provision of medical care in the rural areas, but it is very beneficial in linking suburban, urban and inner city medical facilities in a network offering intensive medical care services (Richard 2001, p. 3). 4.1 Advantages of using Telemedicine technologies An increased use of telemedicine would bring about a number of benefits ranging from enhanced medical care, better utilization of health professionals, increased patients compliance, to enhanced delivery of medical care services outside clinics and hospital setting and in rural as well as the underserved regions. Telemedicine allows for frequent monitoring of vital sign information rather than using periodic visit by physicians. It also improves care of the elderly, physically incapacitated as well as the home bound patients, because it reduces hospital visits thereby increasing convenience and compliance for incapacitated patients. As a result it improves general health of the community and population because it reduces exposure to various illnesses from other patients. It also empowers patients in relation to their own health. It is a source of innovative and creative employment in the health care system. It is a significant strategy of tackling likely future scarcity of medical personnel.à It brings down the rate of death, injuries and infections as a result of medical errors due to inaccurate patient information. Presence of telemedicine programs in rural areas enhances care by reducing transportation costs; deploying medical professionals and specialists; and through providing medical care delivery regardless of geographical barriers (Hein 2009, p. 9). 4.2 Challenges of adapting Telemedicine There are numerous challenges to generating dependable evidence concerning the effects of the use of telemedicine. Scrutiny is rarely carried out as a fundamental part of implementation, and as a result resources are not absolutely dedicated to evaluation. However, there are times when resources are dedicated to scrutiny after implementation, therefore prospective gathering of baseline data is impossible. Retrospective gathering of medical data is faced by numerous hurdles in terms of appropriate source identification in addition to collection techniques. These issues make difficult the scrutiny of various interventions, even as the actual nature of evaluation of telemedicine presents further difficulties (Brear 2006, p. 24). Besides evaluation, other challenges that face telemedicine, as indicated by Paul, Pearlson and McDaniel (1999, p 281), include: various social, cultural, economic, technical and organizational hurdles that health care systems must deal with before achieving the full benefits of telemedicine. Other factors that derail the implementation of telemedicine in developing countries are: poor telecommunication and electric power infrastructure; domination in addition to high cost of internet services; lack of government involvement; difficulties in sustaining implementation of telemedicine; substandard organizational strategies; and user discontentà with low band-width as well as delayed response. Patients, medical professionals and decision makers lack essential knowledge on telemedicine services as well as their potential for medical care. Lack of proper funding is the other challenge that faces telemedicine. Despite its recommendation by the world health organization telemedicine is yet to be realized as a technical service in many national ministries of health (Kifle, Salmon, Okoli, and Mbarika n.d, p. 3). 5. Conclusions It can therefore be concluded that telemedicine is one of the most significant modern medical strategies that can be employed in tackling the numerous health care challenges that face populations living in both urban and rural areas.à Various benefits of telemedicine include: improvement of patient care, reduction of patient transfers to tertiary health centers and providing physicians a good access to tertiary consultation. Telemedicine improves the general health of the community because it reduces expose to various illnesses from other patients through reduction of hospital visits. There are however, various challenges that are associated with implementation of telemedicine and these include: evaluation challenges, poor telecommunication, misinterpretation of information, and lack of awareness and commitment by the government and decision makers. Telemedicine is faced by various issues including information technology policies, E-Health policies, and data security policies. Even though there are numerous benefits associated with telemedicine, the program has been slow to come into routine practice both in rural and urban zones. Bibliography: Brear, M. 2006, Evaluating telemedicine: lessons and challenges, Health Information Management Journal, Vol 35, no. 2, pp. 24 Hein, M. 2009, Telemedicine: An important force in the transformation of healthcare, Journal of High Speed Networks, Vol 9, no. 15, pp. 9 ââ¬â30 How to cite Adopting Telemedicine in developing countries, Papers
Friday, December 6, 2019
Information Technology and Security
Question: Develop an effective research plan considering context, research questions, sources, timeline, and larger implications for writing a formal research report; Also to practice working with the Research Proposal as an academic genre and to provide an opportunity for working on stylistics and effective academic discourse. Answer: 1 Introduction The aim of this report is to present a research proposal on the topic of Information Technology and Security. Today we live in a technological era. Every event of our lives are connected to and affected by technologies, especially information technologies. With the technical advancement of digital technologies and communication technologies, now information technology has become more than computers and internets. So the span of security in information technology has also expanded its span. (Andress, 2014) In the next sections of this report, it will discuss different facets of security in the context of information technology. 2 Why to Study Information Technology Security? We need to study information technology security to grow the awareness about the topic among us and making our lives secure from information security attacks, hackers, theft of information, privacy breaches etc. If we focus on the statistics of cybercrime, we can check how those are increasing day by day. Over the online platforms, through the mobile devices and in many information systems we share our personal and professional details every day. There are important details like credit card number, banking details etc. that are shared through internet also. For example sharing of banking details over online banking platforms. But these data are at high risks. There are several examples of hacking and stealing of the information of individuals, defence of country etc. (Bidgoli, 2006) Study on security in information technology will help to understand these issues in details, it will help to take precautions before sharing data over the Internet. However, it wont make our data over the online platforms fully secure but we can understand the risks and that may reduce the risks to some extent. 3 Definitions Information security or InfoSec is a practice that helps to build defense against unauthorized access, disclosure, inspection, modification, capture, disruption, perusal and destruction of information. The form of data may be physical or digital. (Bishop, 2003) IT security is a part of information security that is mostly focused on computer security and network security. When information security is applied to the information technologies then that is termed as IT security. These information technologies are mostly related to computers and networks. Currently, smartphones and other smart gadgets are also considered in this class. There are IT security specialists who secures information from attacks, thefts and other kind of unauthorized access. (Ciampa, 2011) When data is under some attack already, then it is needed to be assured that the information is not lost due to the attack. This is called information assurance process. There may be different kinds of attack on information like natural calamities to hacker attack, physical damage of storage etc. As data is stored in servers and computers in most of the cases. So, this topic also comes under information security. The possible attacks and risks that can harm data are called threats to the data. There are different kind of threats in information security domain. Some of the threat are, Software based attacks by hackers. Theft of data and intellectual property. Theft of identity of some individual or system. Sabotage Extortion of information. Theft of software Under software based attacks, there are different kind of attacks. Those are, worms, virus, Trojans etc. Under the theft of data and intellectual property type of attack there are issues related to ownership on information. Identity theft issue is related to masquerading some other persons identity to get access to data in an unauthorized way. Sabotage is related to intentional destruction of information belonging to others. Extortion is modifying some information by stealing it and then sending the modified one to the receiver. Theft of software is physical theft of software. 3.1 Sources of Information An attacker can target any kind of information. But generally they tends to target defense, government, financial institutional, universities, businesses etc. as these organizations contains tons of information about individuals and in almost all cases information are collected and stored electronically, transmitted over networks and internet. (Symantec Corporation, 2014) Protection of such information are responsibility of the organization that collects and stores the same. For an individual, loss of any personal information or misuse of any, may become fatal. It is a breach of their privacy. Information security deals with these areas, protecting information and right to that information. It secures information technology infrastructure, databases, networks, etc. 4 Principles of information security The three core principles of information security are, confidentiality, integrity and availability of information. These three are collectively called CIA triad. There are other principles like non-repudiation, atomicity etc. but these three are the basic. Any information technology infrastructure will be called secure if and only if it conforms to these three principles. (Bidgoli, 2006) 4.1 Confidentiality Confidentiality ensures that the data will be kept confidential. No person without proper access privilege will be able to access the information. 4.2 Integrity Integrity ensures, data will be stored in correct format and form. There will be no unauthorized modification to the data. In the context of information security, integrity of data refers to the manitance of the data in a way that the consistency and accuracy of the data will be maintained. Data will not be modified by any kind of unauthorized access. (Bishop, 2003) 4.3 Availability Availability ensures data will be available to the right users always. There will be no interrupt in this case. At the same time data will not be available to the unauthorized or unintended users. Usually some information system or computer will process some kind of data and will store the same. The information security controls must be designed in a ways that those will be able to protect data from unauthorized access at the same time, will be able to differentiate authorized accesses and will make data available to the authorized users. (David Solomon, 2010) A system can be unavailable for various reasons. For example, there may be power failure like issues, also there may be security attacks like denial of services etc. 4.4 Non-repudiation It ensures that no communicating party will be able to deny the instance of communication in future. Cryptography based systems are used to ensure non-repudiation. 4.5 Authenticity It ensures the authorization process. When entered in a system, it checks whether the data is from authentic source of not. This is mostly related to ecommerce and ebusiness platforms. Where confirmation of the transactions and sharing of data are needed to be authenticated about their genuineness. There are technologies and methods like digital signatures to ensure authenticity. 5 Defenses Information security defenses can be of the following types. 5.1 Access controls Setting and implementing access controls ensures security from unauthorized access to some degree. A risk assessment should be done before implementing access control on data. The access controls help in implementation of access to protect sensitive information. There are typically three stages in the access control implantation method. Those are, identification, authentication and authorization. (Benantar, 2006) In the first step, identification helps in ascertaining that who the person who want access to the information is. A typical example is asking about the userid during login process. Then, in the second step authentication process helps to verify the claim in the identification step. For example, if someone has provided his identification as John to the system, the system will check whether the person is john or not. For that purpose, it may ask for password that is supposed to be known by John only. There are other authentication mechanisms like biometrics etc. however, no process is beyond risks and attacks. In the final and third step, the system will authenticate whether the information collected from previous two steps are authentic or not and then it will give permission for access to the information. For example, if the person John has only READ access right to a piece of data , and John has asked permission for WRITE access then the system will reject the request even if the userid and password are correctly supplied. There are different kind of access control mechanisms like mandatory, discretionary etc. 5.2 Cryptography Cryptography is a very useful defense mechanism in information security. Cryptography helps in changing the form of information so that the original information is hidden. The scrambled information will be understandable to the intended user only. So if anyone else receive the information who is not intended user, then the information will not be readable to them. The process of changing a piece of information based on some key is called encryption. The reverse is called decryption. The changed form of information is called cipher text. (William, 2008) Cryptography has a wide range of security algorithms. Information systems can implement those algorithms to implement security features like authentication, non-repudiation etc. 5.3 Software like Antivirus, Firewall There are wide range of antivirus software for dealing with virus issues in computers. These also ensures information security by protecting data from potential damages by viruses. There are systems and software like firewall, IDS etc. that helps in detecting unauthorized access from network to a system. (David Solomon, 2010) 5.4 Awareness and Best practices Implementation of security controls is not enough to ensure information security if the users are not aware of the risks and the consequences. So, the first thing is to increase awareness among the users. Then making them aware of the best practices to avoid risks of security attacks to some degree. 6 Future Research IT security and information security is a vast topic. There are number of sub topics to work on in future. There are enough case studies to uncover reasons behind security attacks over time, also there are scopes to implement new protocols or standards for ensuring security. In future, based on literature and case studies, the IT security will be explored in details. Data for the research on IT security will be collected from different case studies, literatures papers, journals, surveys, statistics etc. available from Internet. 7 Conclusion In the research proposal on IT security, it has described the term from the broader perspective of information security. It will help to understand the role and significance of IT security in the span of information security. In the proposal, it has discussed about basic security principles for information security, different kind of attacks, different kind of defenses, future scope of research etc. References Andress, J. (2014). The Basics of Information Security: Understanding the Fundamentals of InfoSec in Theory and Practice. Syngress. Beachboard, J., Cole, A., Mellor, M., Hernandez, S., Aytes, K. (2008). Improving Information Security Risk Analysis Practices for Small- and Medium-Sized Enterprises: A Research Agenda. Florida. Benantar, M. (2006). Access Control Systems: Security, Identity Management and Trust Models. Springer. Bidgoli, H. (2006). Handbook of Information Security, Key Concepts, Infrastructure, Standards, and Protocols . John Wiley and Sons. Bishop, M. (2003). Computer Security: Art and Science. Addison-Wesley Professional. Bosworth, S., Kabay, M. E. (2002). Computer Security Handbook. John Wiley Sons. Ciampa, M. (2011). Security+ Guide to Network Security Fundamentals. Cengage Learning.K., Solomon, M. (2010). Fundamentals of Information Systems Security. Jones Bartlett Learning. Symantec Corporation. (2014). Internet Security Threat Report 2014. Symantec Corporation. Vacca, J. R. (2012). Computer and Information Security Handbook. Newnes. Whitman, M., Mattord, H. (2011). Principles of Information Security. Cengage Learning. William, S. (2008). Computer Security: Principles and Practice. Pearson . Xiao, Y., Li, F. H., Chen, H. (2011). Handbook of Security and Networks. World Scientific.
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