Tuesday, December 24, 2019

Cyber Security Policies and Defense Contractors Essay

Abstract Cyber security policies in the private sector have been a challenging issue for major defense contractors, especially after recent attacks. As a result, the U.S. increased its strict enforcement against these companies by justifying its intervention to improve cyber security. The government would like to impose standards for companies who lack the proper protocol. Due to the revised and new procedures, corporations are responding by rejecting any congressional intervention. This has caused major friction in the relationship between the government and industry. The executive, judicial and legislative branch believes its responsibility is to provide cyber security capabilities to protect all information at contractor facilities.†¦show more content†¦On May 31, 2011, Lockheed Martin suffered a massive cyber attack. Hackers were able to exploit systems, hardware and keys to gain vital information associated with the company and programs for the U.S. government. Similarly, Booz Allen military emails were hacked by a group called LulzSec, which claimed to be associated with Anonymous. According to Washington Technology, the group copied thousands of emails, passwords and distributed them throughout the internet. Although defense contractors disagree, the government is still trying to justify ways to set up and improve their cyber security. This document will give an assessment of why the government chooses to justify telling private industries how to manage or upgrade their cyber security through various reasons, motivations and arguments. In addition, this evaluation will give methods and real world examples to support their justification. Lastly, this review will explain the impacts/effects on the national security due to government regulation with real-world illustrations to support their position. Body The government is giving socio-political reasons to justify their involvement to improve industry cyber security. The government believes if a defense contractor has a federal contract, then they have the justification needed to be involved in improving their security protocols. These contracts support multiple national agencies that have criticalShow MoreRelatedEssay about The Impact of the RSS Breach on Critical Infrastructure 1211 Words   |  5 PagesRSA is a division of EMC Corporation that offers security products to businesses and government agencies. RSA’s flagship product is SecurID, a combination of two-factor authentication tokens (hardware and software) and the associated server software used in their implementation. This product aims to deliver secure remote access, including access to critical i nfrastructure. 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Sunday, December 15, 2019

How to Teach Language Through Poetry Free Essays

The use of literature in the EFL classroom through three different perspectives. Exploring poetry as a strong option.. We will write a custom essay sample on How to Teach Language Through Poetry or any similar topic only for you Order Now Most of the time literature is mainly related to reading and writing, but it may play the same meaningful role in teaching speaking and listening if we design creative activities. Teachers can use literature in the classroom for different purposes such as reading aloud and dramatizing a poem, teaching pronunciation, and many other activities. There are many advantages of using literature in the EFL classroom. To talk about the general advantages of literature can be a broad approach thus; we will not focus on them. Instead, we will have a look at the benefits from three different perspectives: literature as genuine and authentic material, as a good language source and as a bridge to get the learner interested and also, we will mention poetry as a strong option to develop students’ skills. MATERIAL Literature is authentic material that makes students travel to foreign countries and fantastic worlds. This keeps our students motivated and promotes favorable attitude toward learning. Poems, novels, and stories can bring powerful emotional responses to the classroom. Furthermore, students can relate their own real lives to the stories they read. Literary texts help EFL students to improve language learning. However, literature by itself is not enough; teachers need to use imaginative techniques for integrating literature work with language teaching. It is also necessary to bring motivating methodology and to choose the right material to keep students interested. LANGUAGE Language is the most prominent feature of literature. Through literature students learn about syntax and discourse, different structures, functions, and the different ways of connecting ideas, all these help students to develop their writing, listening, reading and speaking skills. As they use literature they learn about language structure without even noticing, this helps to develop their communicative competence, what as we know, is the ultimate aim of English learning. LEARNER In the classroom the use of literature encourages learners to get involved ith the stories they read or hear; the understanding of the words becomes less important as they get involved in trying to figure out what is happening with a character or the end of a story. Students may also like using literature if the activities are oriented towards enjoyment and creativity instead of memorizing or following grammatical rules. Literature can be seen as the bridge between the learner and the culture of the people whose language they are studying; in order to get the l earners interested in the culture, we have to carefully select the literary texts according to their interests and level of comprehension. WHY DO WE USE POETRY WITH THE LANGUAGE LEARNER? Poetry is a short piece of imaginative writing, of a personal nature and laid out in lines. In this sense, poetry is a product of the language and a tool to teach it, a tool to teach grammatical clues and a product when students make a composition of any topic. Most of the poems include metaphors. Students can use cognitive skills by making comparisons between two different things and finding their similarities. The figures of speech used in poetry such as metaphors, similes and personifications help students to have a better understanding of the use of language in an unconscious way. Poetry is a way for teaching and learning basic skills. It can be used as an enjoyable and a rewarding tool with the properties of rhyming and rhythm. It helps students to easily learn with the supra-segmental aspect of the target language, such as stress, pitch, intonation. Using poetry while teaching English can have many benefits: * It encourages creative writing. * It helps students appreciate sounds words and patterns. * It develops phonic skills. * It makes students express feelings and opinions. * It provides a great opportunity to play with language. It reinforces the ability to think and to experiment with students’ understanding of the world. * It helps to acquire vocabulary, creativity and imagination. * it reveals, restates, reinforces and affirms those things which we think are true. * It gives the chance to discover and explore the use of the language. * It generates collaborative activities (pair and group work). Poetry and the four skills We can develop the fou r skills while using poetry: Poems are good to reinforce grammar structures and to improve writing abilities, bringing out creativity and rhythm in the classroom since students have to use their imagination to write. Also, poems help to develop oral and mental capacities. They should be read aloud to reinforce the student’s phonemic awareness, phonics, fluency, and vocabulary as well as to sharpen their receptive language skills by learning rhyming, sounds, stresses, pauses, alliteration and syllables. Ideas for using poetry in the classroom * Discussing the theme of a poem and writing out personal experiences related to the theme. * Deducing meanings from the context. * Completing a paraphrase of a poem (cloze-style). * Choosing the best paraphrase among a few. Predicting what’s coming next after reading only one verse at a time. * Ordering jumbled stanzas or lines in the correct sequence. * Rewriting a part of a poem in one’s own words and ideas to offer different messages. * Filling an omitted word, phrase, or line in relation to its context. * Discussing similarities and differences between poems of the same subject or theme. * Identifying any aural or musical qualities i n the poem (rhyme, alliteration, and simile). * Reading aloud poems (choral reading) and making a song. This teaches intonations and stress. Using visuals images such as paintings to help pupils envisage settings, historical periods, etc. * Imitating o parody the style of poem. * Acting the poem: mime, role play, performance, etc. * Making a peer or group composition, writing together. Useful Web sites www. readwritethink. org/lessons/lesson_view. asp? id=391 www. poetryteachers. comh www. poetry4kids. com www. poetryzone. co. uk www. michellehenry. fr/poems. htm www. poemhunter. com www. tooter4kids. com/classroom/poetry_in_the_esl_classroom. htm www. teachingenglish. org. uk/think/literature/poems_prod. html http://www. youtube. com/user/b4uguy#g/u Conclusions Using poetry in the classroom is a great tool, but we cannot forget that we have to choose the right material, so students can maximize their learning. It has to be interesting and adequate for each student level, reading ab out new things is usually interesting for students. Learners will benefit from literature; we are responsible of putting in touch our students with material that catches their interest, so they want to read and listen more, which turns out in further and richer learning. Also, it can create opportunities for personal expression as well as reinforce learner? s knowledge of lexical and grammatical structure giving the opportunity to develop their communicative and cognitive skills. Many teachers think that including poetry in the EFL classroom can be a very heavy and useless work. However, we have analyzed some of the benefits that working with poetry can bring to the learning process. Also, we pointed that not only it is useful but also, students can have great fun if we choose the correct activities and poems. How to cite How to Teach Language Through Poetry, Essay examples

Saturday, December 7, 2019

james Essay Example For Students

james Essay Throughout the Middle Ages literacy rates were extremely low in Europe, and hand copied manuscripts were expensive. The Bible and many legal documents were written in Latin or Greek, which were becoming increasingly dead languages used only by the church. Moreover, the statute of Valencia and other statutes had made it illegal for anyone not authorized by the Church to have even the Latin and Greek versions of the of the Bible. The laity therefore had to rely on the Church, government and powers that be for understanding and interpreting these documents. With the invention of the printing press, one of the first books to be printed was the bible, which was soon translated into several languages, often badly. The errors were due in part to ignorance and in part by attempts to use the Bible to further sectarian political or theological goals. A few small parts of the Bible had been translated into vernacular at different times. King Alfred translated the ten commandments, and Bede had translated the gospel of St John into Saxon language, but the translation was lost. In the fourteenth century. Wyclif had translated parts of the Bible and this work was completed after his death. Many copies of this Lollard bible in middle English were distributed before the invention of printing. The Genesis narrative opened: ?In the firste made God of nougt heuene and erthe. The erthe forsothe was veyn with ynne and void, and derknessis weren vpon the face of the see; and the Spiryt of God was born vpon the watrys. And God seide, Be maad ligt; and maad is ligt.?The Wyclif (or Wycliffe) bible was completed in 1388, four years after Wycliffes death. Wycliffe himself had translated the New Testament , relegating the Old Testament translations to assistants with the necessary language skills. These Wycliffe bibles were laboriously copied out and distributed at great risk. The Catholic Church was horrified at the possibility that everyone would be able to read the Bible. In 1399, alarmed at the spread of Lollardy, the convocation of Oxford passed the statute De Heretico Comburendum, Of the burning of heretics. This law was passed in Parliament by King Henry IV in 1401. It provided for burning of all those who held Lollard opinions, or possessed illegal books, including the translated Bible apparently, though it is a common misconception that it was directed only against the Bible. The De Heretico Comburendo statute stated: that nonepresume to preach openly or privily, without the license of the diocesan of the same place first required and obtained, curates in their own churches and persons hitherto privileged, and other of the Canon Law granted, only except; nor that none from henceforth anything preach, hold, teach, or instruct openly or privily, or make or write any book contrary to the catholic faith or determination of the Holy Church, nor of such sect and wicked doctrines and opinions shall make any conventicles, or in any wise hold or exercise schools; and also that none from henceforth in any wise favor such preacher or maker of any such and like conventicles, or persons holding or exercising schools, or making or writing such books, or so teaching, informing, or exciting the people, nor any of them maintain or in any wise sustain, and that all and singular having such books or any writings of such wicked doctrine and opinions, shall really with effect deliver or cause to be de livered all such books and writings to the diocesan of the same place within forty days from the time of the proclamation of this ordinance and statute. The Lollards did not believe that the wine and wafer of the communion were transsubstantiated into the blood and body of Jesus, they refused to worship the cross as an object, and held many other such dangerous doctrines in addition to translating the Bible. The first person to be executed under the law was Sir William Sautre, who refused to abjure, among other heresies, the following: 1. he will not worship the cross on which Christ suffered, but only Christ that suffered upon the cross. 2. he would sooner worship a temporal king, than the aforesaid wooden cross. 3. he would rather worship the bodies of the saints, than the very cross of Christ on which he hung, if it were before him. 4. he would rather worship a man truly contrite, than the cross of Christ. 5. he is bound rather to worship a man that is predestinate, than an angel of God. 6. if any man would visit the monuments of Peter and Paul, or go on pilgrimage to the tomb of St. Thomas, or any whither else, to obtain any temporal benefit; he is not bound to keep his vow, but he may distribute the expenses of his vow upon the alms of the poor. 7. every priest and deacon is more bound to preach the word of God, than to say the canonical hours. Wyclif himself had been executed in 1388. The Catholic authorities later desecrated his grave. While the new statute was not exclusively aimed at translated bibles, it was used to suppress them. Quite a few of these bibles, used by Lollard preachers, nevertheless remained. In the 1490?s the personal physician to King Henry the VII and VIII, Thomas Linacre, an Oxford professor, studied Greek. After reading the Gospels in the original Greek, and comparing it to the Latin Vulgate, he wrote in his diary, ?Either this (the original Greek) is not the Gospel? or we are not Christians.? In the same period, John Colet, another Oxford professor, translated the New Testament into English for his students, and later it was read for the public at Saint Paul?s Cathedral in London. He escaped prosecution owing to his friends in high places. Presently, the vernacular Bible became a political weapon against temporal rulers too, because it could be used to show that the claims of kings to divine right were a fiction. William Tyndale was the main translator of the English Bible, in the early sixteenth century. He did not use Wyclifs version, but started anew. Wyclif had written in Middle English, which was rapidly being transformed. Printing was standardizing and alterin g spelling. Wyclif had translated the Latin Vulgate. Tyndale knew Hebrew and Greek, and translated from the original. The Tyndale bibles were printed in Europe and smuggled into Britain. There, they were bought up eagerly by the Lord Bishop of London, to prevent their distribution. In this way, the church subsidized the work of Tyndale and it prospered. Tyndale boasted to learned Catholics:I wyl cause a boy that driveth ye plough shall know more of scripture than thou doest. This idea was surely terrifying both for churchmen and for the crown, for the notes in many editions of these bibles, published by Calvinists, repudiated the divine right of kings. The work was continued after his death. Based on these translations, Miles Coverdale printed the first complete Bible in English in 1535. John Rogers published a revision called Matthews Bible in 1537. A revision of the Matthews Bible, printed in 1539, was known as The Great Bible. A later revision reflected the participation of eight Anglican Bishops and was called The Bishops Bible. It was printed in 1568. The frontispiece of this bible is shown at right.

Saturday, November 30, 2019

The True Church an Example by

The True Church DEFINITION OF THE CHURCH The church is a universal body that is composed of the true believers of Christ. The church began during the Day of the Pentecost, where believers of Christ convened in one place, were baptized by the Holy Spirit in form of tongues of fire (D. McCallum, et. al). The church does not refer to the physical church but to the true believers of Christ united by the Holy Spirit to glorify the name of the Lord. The church is universal in the sense that it defies geographical elements of its membership. It is local in the sense that the community of believers comes together in a common place where they can freely worship the Lord. For these reasons, I believe that the church is an organism because it is composed of people living in Christ and continue to grow in the image and likeness of God. Need essay sample on "The True Church" topic? We will write a custom essay sample specifically for you Proceed The church is visible because the true members of the church exhibit the characters or behaviors which identify them as the true member of a true church. It is invisible because its members have the inner characters that make her members have the assurance that they belong to the true church. Such invisible identities may come in the form of inner peace, the willingness and eagerness to follow Christs example. The true Church holds to the core beliefs of Christianity without subtracting or adding to them (M. Pate). On the other hand, a false church has doctrines that somehow deviate to any of the teachings of the Bible. It is important for a Christian to be actively involved in local church because it helps him to keep in communion with the other Christians so they can grow together in faith with the guidance of the Holy Spirit. PURPOSE AND FUNCTION OF THE CHURCH The principal function of the church is to become a missionary or an apostle of Christ. The purpose of the Church is the "Great Commission", that is of proclaiming the Word of God, to grow in the Gospel of Christ and to die in the name of the Gospel of Jesus Christ.The church therefore exist in order to have a united body of believers who will minister in teaching all nations, in teaching them to observe the commandments of Jesus Christ and who baptize them in the name of the Father, and of the Son and of the Holy Spirit (Matthew 28:19-20). The church function is to bring people t Christ by equipping them with faith from which they could star growing in communion with Christ. If people become believers and do the will of the Lord, they will become truly the light of the world. I believe that the church, in whatever form it may have been organized locally has to be more concerned of its function. Because the universality of the church defies geographical elements, true Christianity disregards whatever denomination one belongs. The measure of a true church lies on how its members perform its purpose and function. Regardless of form: Catholicism, Born Again Christianity or other denominations, a congregation of true believers can still be members of the true church. ORGANIZATION AND LEADERSHIP OF THE CHURCH I believe that the Congregational form of church government is the most appropriate for a church to employ because it is in this form where the rights of the members are all considered and placed high regard. The election of elders to be the leaders of the church makes the church government more of a consideration of morality and spiritual status than of having a formal education and extensive knowledge of the Bible. A church government must be composed of the elders who will conduct ordinances, sermons and of conducting religious rites and ceremonies. They may choose or let the people elect laymen who may assist them on other areas of the church undertakings like handling finances, the custody of its properties and on areas of organizing events. All of the offices or seats n the church government must be open to women. I believe that the primary criteria of choosing leaders are spiritual integrity and moral uprightness. It must not consider gender in offices that pertain to the ministry of the Word. However, on ministries that require manual and physical strength, this maybe applicable such as on church constructions. It is because the church purpose is to bring believers closer to God and that can only be achieved when its leaders are of excellent moral and spiritual uprightness. As community of believers united by the Holy Spirit, the church must based its decisions on what the Bible stands. Decision must be consulted first to God in prayer and must also be presented to the members. ORDINANCES OF THE CHURCH Baptism is an ordinance given to the church to be administered to believers only (G. Herrick). It has to be administered by those who first repented from their sins and has to be done by complete immersion into the water and not by mere sprinkling of water (Acts 3:19). Baptism should be administered only to those who can already decide for themselves. This is because church membership, which is symbolized by baptism, should be a willful membership to be decided upon by the person only and not by anyone else. Because the child cannot yet decide for himself nor does he understand what baptism is all about, a child should not undergo baptism until the time that he can already decide and have repented for his sins. The Lords Supper is an ordinance which symbolizes a Christians communion with Jesus Christ. It is important that Christians be able to participate in this ordinance in order to consistently remind us of the fact that Jesus once died on the cross for our sins. The ordinance should be observed at no specific frequency or time intervals. What is important is that the people should be given the opportunity to repent ad be cleansed first from their sins before they could partake into the ordinance. This is because in order for anyone to symbolically receive the body and blood of Christ, he must be truly has a clean heart. The ordinance must be presided by leaders of the church, such as the priests for the Roman Catholics and the church elders for the other denominations. It should be clear that the ordinance should be done in the most solemn way because what is the central element here is the receiving of the body and blood of Christ, and for that His presence in the ordinance must be recognized and be given reverence. MBIS DOCTRINAL STATEMENT Article I. God is a Person who has revealed Himself as a Trinity in unity, Father, Son and Holy Spiritthree Persons and yet one God. The Bible has been consistent in its claims and doctrines especially on the truth of the Holy Trinity. This evidenced by the connection of the Bible verses from both Old and New Testament which confirm each others truth. Article II The Bible, including both the Old and the New Testaments, is a pine revelation, the original autographs of which were verbally inspired by the Holy Spirit. Everything that was written in the Holy Bible was directed and inspired by Holy Spirit through the holy servants of God. These Words by the Lord were written for the purpose of directing and guiding the people into a life that is worthy of God. Article III Jesus Christ is the image of the invisible God, which is to say, He is Himself very God; He took upon Himself our nature, being conceived by the Holy Spirit and born of the Virgin Mary [2]; He died upon the cross as a substitutionary sacrifice for the sin of the world [3]; He arose from the dead in the body in which He was crucified; He ascended into heaven in that body glorified, where He is now our interceding High Priest; He will come again personally and visibly to set up His Kingdom [4] and to judge the quick and the dead. Jesus was born of a virgin woman through the power of the Holy Spirit, who came to earth in undressing His pine personality, lived real human life and died on the cross for the sins of the world. He remained Holy because He have not sinned and has resurrected to be with the His Father in Heaven. Jesus Christ will later come down to earth for judgment of the living and the dead, both the holy one and the sinful human beings. Article IV Man was created [5] in the image of God but fell into sin, and, in that sense, is lost; this is true of all men, and except a man be born again he cannot see the kingdom of God; salvation is by grace through faith in Christ who His own self bore our sins in His own body on the tree; the retribution of the wicked and unbelieving and the rewards of the righteous are everlasting, and as the reward is conscious, so is the retribution [6]. All men were born of sinful nature and the only way to be saved from eternal damnation is through salvation, that is being born again by repentance and leaving the old sinful life behind. Salvation can only be achieved through the grace and by believing in Jesus and those who will live a life worthy of the Lord will have the everlasting life with the Lord in Heaven. Article V The Church [7] is an elect company of believers baptized by the Holy Spirit into one body; its mission is to witness concerning its Head, Jesus Christ, preaching the gospel among all nations; it will be caught up to meet the Lord in the air ere He appears to set up His kingdom [8]. The Church, which is composed of the true believers of Jesus Christ are commanded to spread the Good News to all nations and to bring all men closer to God. Believers, when Jesus come again to judge all men, will be rewarded with eternal life and be with the Lord in the newly created Kingdom of God. WORKS CITED Herrick, Greg. Ecclesiology: The Church Retrieved on July 10, 2007 from http://www.bible.org/page.php?page_id=731 McCallum, Dennis and Gary DeLashmutt. The New Testament Definition of the Church Retrieved on July 10, 2007 from http://www.xenos.org/classes/um1-1a.htm . adapted from The Introductory Study Guide: Understanding Ministry Pate, Marvin C. The Church Baker's Evangelical Dictionary of Biblical Theology. One True Church Claims. Retrieved on July 10, 200 from http://churches.net/churches/utmiss/Church/ONE%20TRUE%20CHURCH%20CLAIMS.htm

Tuesday, November 26, 2019

Tips For First-Class Essay To Upgrade Your Degree

Tips For First-Class Essay To Upgrade Your Degree Recommendations For Writing The Best First-Class Essay And Leveling Up Your Degree This article will be dedicated to the first-class essay writing, how you can create it and use for improving your chances to graduate from the university with a first overall. Recent reports inform that more students in the USA/UK are regularly awarded a first-class degree, comparing to the previous years. This is not surprising that some people consider this is that result of decreasing university standards. Students now pay for their education and there are some assumptions that universities want to fulfill their clients’ desire to get â€Å"privileges†. Sure, this can be a reason for the increasing number of first-class graduates. But this also can be resulted by the fact that students improved their researching and writing skills and become able to write better first-class works. They now know better how to make examining notes etc. Moreover, they often share some recommendations and tips with each other that allow more students to improve their results. Why this information can be useful to you? Well, if you think that now you have more chances of ad an undergraduate to be rewarded with first-class, you should better hold the horses. To achieve a first-class degree, you need to work hard and be dedicated to the subject of your study. Regardless of the reasons for an increasing number of first-class degree holder, the following things are very likely: Universities will make their standards even stricter. They will revise the criteria for awarding graduates with first-class degrees and the works for this degree will be estimated closer; Due to the increasing number of graduates with first-class degrees on the job market, HRs will expect this in any other applications by default. How to get a First? So, do you want to get your own new and shining first-class degree after you graduate? Sure, you would not mind getting an extra prof for your professionalism. That is why you need to know more about what can make you stand out considering your goals. Here are some tips: Try to write your first-class essay and constantly practice to improve your skills. It is obvious that the more you write and develop your writing skills, the more chances you will have to get the highest overall. Moreover, getting first-class after your essay is not to the complicated task anyway. But we will get back to this later. Deepen your knowledge of the subject. When you read an essay, you can tell almost for sure whether the author of it was engaged with the topic and the subject and got into every detail. It is also noticeable when the text is written only with understanding the basics. Learn how to express your thoughts and expertise. Even if you have learned every possible material on your subject and know everything about your topic, you still require skills to express your expertise fluently. You need to know how to implement your knowledge into the problem-solving activity. It is daunting when the person has the deepest knowledge in the topic but cannot convey it. If you have received feedback that you need to improve your text, trying to express the thoughts in your own word, use this as an opportunity to improve your skills. Use all the available tools for improving your writing such as online tutorials, mentors or university writing workshops. Almost every university provides help for students in order to help them to improve their skills, especially in writing. Usually, they take place in the libraries. You can also look for Tutoriage blog and study its posts to get general tips and advice on academic writing. Moreover, such services can be a great place to ask for writing assistance. For instance, we have academic writers who are experts in their task and they can provide you with the completely original essay, without plagiarized parts of other flaws. Be prepared to work hard and put all efforts on this task. Simple following the points of your writing assignment is not enough to stand out. After all, this is why the classing system was incorporated. You need to show results that are much better than average good results of the second-class category. Think out of the box. Discover the new ways of expressing your thoughts, disclosing your subject. Find the opportunity to explain the topic to make it memorable for the reader. But the most important point is: you need to be a gambler! You need to realize that you need to take risks in order to come out of the second-class level and do your best to reach the reward. We will talk more about it further in the text, but now you need to get the main idea that sometimes you may require to act controversially and be skeptical towards your own work. You also have to be prepared to make a step back sometimes. If you have ever seen the poker game where only professionals take part in, you might have noticed that even the best player leave the table sometimes. But be sure, they do so because it is their choice. What is a First-class essay exactly? We have talked about various things like risks, enhancing expertise, looking for opportunities to express your thoughts etc. But it may sound too abstract. People who write such essays may have a different point of view on the creating process. But we all will agree to the same look of the first-class essay and that it has the same features, regardless of the topic or subject: The accurate following of the points from the assignment. You may consider that it goes without saying – follow the points in your brief. But can you tell for sure that you study the brief good before start writing? When it comes to the first-class essay, the main features of it would be originality and creativity. But following the instructions is on the same importance level. If you have previously composed guidelines on how your essay should look like, follow the given instructions. You can take some notes on the most complicated points to may more time to them. But you need to check with the brief from time to time in order to walk in the right direction and exclude cases when you need to rewrite everything from the very beginning. Protect yourself from the situations when you have written a great essay from scratch, but not following the brief will spoil all the impression about it. Yes, originality is really important. But the accuracy is as much important and if you meet all the requirements, you will get all the credits. Use clear and understandable argumentation. Another distinctive feature of the first-class essays is that they are explicit about their intentions. Your reader must understand what points you are going to prove from the first paragraphs. And by the end of it receive the conclusion that will explain your points. Your essay should be shaped by your main idea, your thesis. So work on it and thought it through well. When it comes to the first-class essay, it should not be just a retelling the thoughts of the original material. You need to express your views on one or another aspect. You need to make the reader want to follow your thinking process. Maintain your arguments. Your essay is not about the complicated arguments, but about proving them right. You need to include thoughts from various sources in order to prove your points. Make sure that all your arguments and explanations are in the logical sequence. Sometimes undergraduates forget that they need also to provide counter-argumentations as well. If you know that there are some opposite points of view on the aspect you are disclosing, mention this in your essay. You can also quote the authors of the opposite thoughts. Or you can assume what opposite arguments could be used in the discussion of the topic. Using this â€Å"tool† you can prove your point, even more, comparing it to the alternatives. If you do everything right, you will see that the opposite thoughts do not distract from your main views but just support them and provide additional proofs. You show that you have evaluated all the possible arguments and still are confirmed that your statement is right. Develop a logical structure that will suit your task. We all have ever had to write comparative essays about a few things, let’s say books. And we probably all face the same problem: we had so much to write about the text and completely nothing about another one. Do you have any techniques to avoid such problems? It is fine when you start working on the essay where you can simply write down all your thoughts on a particular topic. You decide to focus on the aspects you care about, forgetting completely on the aspects you are supposed to write about as well. And you end up with having an essay with 1000 words one book you liked and less than 300 words at the end of the essay about the one you did not like. For such cases, you need to adjust your mindset for writing the first-class essay. The remarkable feature of the good first-class essay is that it contains all relevant proofs for the points in a logical sequence and in a way to suit reaching the goal. It is not shaped by the aspects the author finds interesting. You need to maintain the balance between things you care about and the arguments that are required for disclosing the topic. Intellectual risks and proofs of in-depth engagement. This is the point that discloses the going-above-and-beyond aspect. Everything about your essay starting with the intro and ending with the list of references will serve as a marker of how deep you are engaged in the topic you have disclosed. And if you have done deep research, used various sources of information to study all the aspects of the topic, then you have got more chances to overcome other graduates and show results worth first-class degree. But this is not the main challenge. You also need to be sure that all arguments and fact you present to prove the point should be organized in a logical sequence. Prove you realize your input in the process of creation of the knowledge. Many students do not pay attention to this aspect as they consider they cannot make a serious contribution to general academic knowledge. But in fact, we all are the participant of this process. Students often may affect the views of the tutors on the well-known aspects of the subjects. This even may lead to the changing of the way of teaching etc. So the students who want to get a first-class degree should be aware of this and realize that they also can influence the direction of knowledge development. There are two main things you need to pay attention to considering this. Firstly, you need to select the sources of information carefully and in accordance with your subject. Secondly, take into consideration the style of those sources. You can incorporate the way the respectable scholar write and use similar phrases, like openings or the conclusions etc. Shortly speaking, your essay should be presented in the following way: Clear purpose, integrated structure, original arguments and confident presenting of thoughts. Sure thing, you will not become a master in essay writing in a blink of an eye. You need time to practice and learn all these aspects. But constant work on this will definitely bring you closer to the level that first-class degree holders deserve. But now use some tips that will help you on your way: An early start There are high chances that you will have a lot on your plate during the term. If you have access to the syllabus, take some notes on what essays it will include and what tasks you will need to cover. Think about them in advance. If your studying starts in September, find some time during the summer to prepare for future work. This is the time when you can easily define the areas that will be interesting to you. As soon as your module starts, you need to realize that it is never early to start working on your essay, even if the deadline is far. Do not miss the opportunity to choose the most interesting topic, as other students may also be engaged with the same things. As soon as you have got it, you can start reading about it, collecting sources of information and stimulate your own critical thinking. Read beyond the syllabus Regular students often consider that if they have got a reading list, all they need to do is just read it. They do not look beyond it. And as soon as they have done â€Å"all the reading†, they think that their task is completed. But being a first-class student you need to realize that the reading list is just a starting point. You can use it as a source of origins and stories connected to your topic. Having this approach, you will find materials that will be above the one that is offered in the syllabus. Research the literature offered in the syllabus and look for the original sources of the thoughts that are disclosed there. Often there are suggested simplified versions or materials that were sourced from the original and more complicated scholar works. In the syllabus, those materials are presented in a form of overview for easier understanding. But if you will find the full version of the work, you will get a deeper understanding of the topic and may find some useful points as well. Create your bibliography during the research Take notes of what sources and materials you use during your research. This will definitely save some of your time later. But collecting all the sources from the syllabus and during the research can be time-consuming as well. So you need to take advantage of the special referencing tools that save your time on organizing the sources. You need to make a habit to add all the sources you use to these tools like software for bibliography creation or similar. Ask your tutor or other students whether your university has a subscription to the premium tools like RefWorks or Endnote. There might be available free version of Zotero as well, and it will be enough for collecting sources. Usually, these tools are based on adding DOI to your text while working on it. This method is the most informative as this identifier keep all the details about the source and the reader may refer to it (if it is an open source). We also advise you to organize your researches and divide it into the categories. This will help you to find the required source, if needed and to cover all the aspects without missing any. Create your own topic ideas, and consult with to your tutor Even if you like to work alone and skip meetings with your tutor, you need to do so if you want to work on your first-class essay. This is the sign of your serious attitude to the thing you do. Visit every meeting with your tutor as often as possible. Use them as an opportunity to discuss all your ideas and find the right direction for topic disclosing. If it is allowed, create your own topic to make sure it will be interesting to you and original. If you do not know whether it is possible to do so, ask whether you have this opportunity. The best way to show that you are engaged and able to write an original content is to suggest a particular topic. This is a great opportunity to show that you are interested in creating something original and new. You will not lose anything, but you will definitely show your enthusiasm that can add you some points at the very beginning of your work. Your tutor may guide you in the right direction, but in most cases, they approve student’s ideas and help them in defining the right arguments and sources. Learn how to express your own thoughts Students often got frustrated if they receive feedback where their work was estimated as second-class worthy. This can be resulted due to the troubles with the student’s own understanding of the topic. During the work on the essay, the students usually read a lot and it is mostly a good thing. But sometimes it may cause a loss of confidence in your own ideas. You may be tempting just to rewrite the materials of other scholars and simply express their thoughts in other words. This may be caused by the fact that you have read a lot of works on this topic and you â€Å"borrow† the point of view of the scholars. But this approach cannot bring you closer to a first-class degree as, apart from the deep knowledge of the topic and scholars thoughts; you need to express in your essay your own positions about everything in it. You need to think what thoughts you share and what ideas do not relate to you. Ask yourself some questions like: Do I share this opinion? Why? Why not? What arguments can help me to defend my position? Take some time to think about these things on every stage of your researching and essay writing. This is the right approach if you want a first-class degree. Sure, there is a risk that you did not understand some fundamentals correctly. And eventually, your argument will be built on the wrong fundament. But it is a part of our life when we can make mistakes and chose the wrong direction. You do not have to be embarrassed or disappointed in yourself. Being a gambler, you will be able to cope with these realities. After all, you always can consult with your tutor. Ask him/her to reread your essay or the first drafts and correct some critically wring aspects. Is it worth the risk? Sure! We all understand that risks in academic writing can exist. But following the guidelines from this article as well as recommendations of your tutor will allow you to minimize cases of failures. Moreover, you will definitely grow as an academic. People who will estimate your essay will consider this as well, but they will show what aspects of your essay do not fit. Even if your risks will not work out, you will definitely get much higher than you could by playing the safe â€Å"2:1† zone. So anyway you will get a higher mark and will enhance your writing skills. Also, you will get more benefits from working deeper on the topic, than just an academic recognition. You will become more educated and your thinking will become more trained. You will not be afraid to express your thoughts as you will always have the argumentation to support them. So, good luck you with your professional and personal growth.

Friday, November 22, 2019

Belonging represented in Peter

Belonging represented in Peter Essay As illustrated in Peter Jerkinesss Immigrant Chronicle poetry, having a strong sense of self-knowledge understanding and a deep connection to ones own culture, beliefs and values develops a feeling of belonging to and knowing ones self, and in turn, a strong sense of belonging to humanity. Feline Crooknecks, SST Patriots College and 10 Mary Street all support this thesis and position the reader to consider the concepts of belonging from the perspective of someone who feels alienated, excluded and alone. The poem Feline Crooknecks tells us of Pewters father, his life, and his clear sense of belonging. It explores the concepts of familial, cultural and self-belonging, and reveals the regretful feelings of Peter, in relation to his alienation, his familys migration and the filial bond with his father. The clear and possibly most significant message of the poem is that belonging comes from within, and requires an accepting and peaceful attitude. These concepts are expressed through the use of poetic devices and language techniques, which show the differences between the attitudes of father and son. The admiration Peter has for his father is evident in the first line -My gentle father. The use of the word gentle introduces Feline as a kind, peaceful man, and the possessive pronoun my can suggest a sense of ownership or the yearning to be associated with Feline. The fathers independence and emotional self- efficiency is evident in the first stanza Kept pace only with the Joneses of his own minds making. The reference to The Joneses is important to consider, as it not only refers to mainstream society, but Australian mainstream society. It shows that Feline is at peace with himself and has retained his own cultural beliefs, despite being pressured to assimilate and adopt a new way of life, and in result, has a strong sense of belonging. The repeated reference to Feline garden shows his compassion, connection with nature and dedication, and also his willingness to work hard. It signifies something that belongs to him, in a foreign and unfamiliar world. Throughout the poem, ideals of language are discussed. This shows language as a factor of belonging, and that it can be seen as a potential barrier that prevents the development of belonging. The language indifference between father, son and the community illustrates this barrier, and presents cultural identity as a concept of inclusion and belonging. As the distance between Peter and his Polish heritage grows, Feline accepts that his son, growing up in Australia, cannot adopt the same sense of cultural belonging that he has. While Feline is at peace and accepts the unavoidable, Peter has a completely different attitude. He feels a strong sense of regret and affliction towards his past, and feels that if only he had embraced his Polish culture, he would have belonged in his family. However, this is not the case. Peter felt isolated because he failed to form a strong connection with his inner self, not because he adopted the Australian way of life. As Peter has not developed a strong sense of self-belonging, he does not feel at peace, and does not realism that the cultural indifference and eventual complete disconnection between father and son was inevitable. Peter Crooknecks expresses feelings of regret throughout the poem, which can reveal he does not truly understand the concept of belonging. His fathers beliefs and circumstances provide a contrast to Pewters perspective and suggest that the poets reflection of his childhood and adolescence is not relative t the concepts of truly belonging that acceptance and self-sufficiency lead to a strop sense of belonging to ones self, and therefore, to humanity. Peter realizes that to truly belong somewhere or with someone, you must firstly establish a strong sense self. In addition, Pewters regret indicates a yearning to belong to his family and ultra. READ: The poem Brothers explores the relationship between two brothers EssayThis disconnection is evident in the third stanza, as we learn of Pewters detachment from his fathers Polish heritage, illustrated in the line l never got use to and with the use of an ellipsis to suggest uncertainty, doubt and deep thought. Appears that Peter Crooknecks has become more familiarized with feelings of isolation and alienation, than feelings of completion and belonging. This shows that without sense of belonging to ones self, belonging to humanity is impossible. SST Patriots College discusses Jerkinesss feelings of isolation at school. It provide a reflective account enabled by hindsight and his experience. It reveals his feelings that erupted from migration, alienation and not developing a sense of belonging u much later in life. The overall theme of the poem is Pewters failure to assimilate despite the years he spent at school and that, ironically, it was not until after shoo that Peter feels he truly learnt anything. This theme is established through the use techniques such as repetition, symbolism, and imagery, which help to create and maintain a sarcastic, mocking tone. The first line of the first stanza For eight year would indicate routine and familiarity. However, this idea is contradicted in lines seven of stanza three, where Peter describes himself as a foreign tourist, which would indicate feelings of being lost in a strange, unfamiliar place. The word tour could also represent Pewters feelings of isolation in the way that a tourist is an observer and is on the outside, looking in. The poets attitude towards his school uniform a well-known indication of belonging to a group shows his disrespect of the school. This is emphasized by his mockery of the Latin motto embroidered onto his shirt he sticks pine needles into the stitching and remarks that he thought it was a brand of soap. The motto Lucent Lug Vestry actually translates to let your light shine, which is again referred to in the last line, proving its significance. Pete careless attitude towards the motto shows his lack of understanding, because he h contempt for the school. The motto is emblematic of the hypocrisy prevalent at the institution: it claims to be inclusive, protective, embracing, when, for Crooknecks, it brings fear. He has not explored the concepts of self-knowledge and self-belonging sense of cultural belonging that h, unavoidable, Peter has a complete regret and affliction towards his p Polish culture, he would hove bell Peter felt isolated because he tail not because he adopted the Status strong sense of self-belonging. En the cultural indifference and even son was inevitable Peter Screener poem, which can reveal he does n fathers beliefs and circumstances suggest that the poets reflection the concepts tot truly belonging t sense of belonging to ones self, al truly belong somewhere or With SST self In addition, Pewters regret mind culture. This disconnection is avid detachment from his fathers Polio to and with the use of an ellipsis appears that Peter Crooknecks has and alienation. Han telling tot co sense tot belonging to ones self, b SST Patriots College discusses Sir a reflective account enabled by hill that erupted from migration, alien much later in life. The overall there despite the years he spent at such that Peter feels he truly learnt any techniques such as repetition. Sync maintain a sarcastic. Cocking tom would indicate routine and family seven of stanza three, where Pet would indicate feelings of being LLC could also represent Pewters feeling observer and is on the outside, lot monitor a Nell-known Indication the school. This IS emphasized by his shirt he sticks pine needles as a brand of soap. The motto l light shine, which is again referrer careless attitude towards the mot contempt for the school. The motto Institution: t claims to be Inclusive brings fear. READ: Poetic Devices Used To Convey EssayHe has not explored TTL so therefore does not value what the motto is jugs means embracing your own identity, and as Peter s poem, without embracing your own identity, you ca with alienating circumstances that can prevail at e did not belong to himself, SST Patriots College was n the line For eight years emphasizes the words to the effect of suggesting that even after eight years, Peter still felt isolated at school. The eight years Pee like a prison sentence. A statue of the Virgin Mary Meant to act as a welcoming figure at the entrance makes Peter feel afraid and anxious. The line UNC indicates that even after almost a decade, the stats figure of fear for the poet. The last four lines show yearning for approval. The recurrence of his mot seen as Peter blaming his mother for his poor expel dominantly represented in the poem by showing idea that belonging cannot be achieved without e Peter tells the reader how his mothers desire to co expectations has led to his feelings of unhappiness The poem 10 Mary Street focuses on describing t ensue of belonging it provides. It presents different through representations of people, relationships, p stanza, a key represents a sense of comfort, owner sense of continuous routine. The key symbolizes the leads to ownership of the home, which leads to owe belonging. The poems constant references to the support this idea. As the house will soon be pulled feelings of contentment and security will be lost. T to a key towards the end of the poem suggests a did disconnection, discomfort and disruption, as after will be useless, and therefore powerless. A familial nourishment is created using poetic devices. The is hyperbolic Bursting at the seams imply that Pete much love and care. The cultural heritage of the FAA with reference to cultural and social aspects such cigarettes. The lines heated discussions and embed passion and strong sense of belonging to their cult house The house stands in its china-blue coat of a strong, stoic and, perhaps even, noble house. Characteristics can also position the reader to view receptive the family has a strong connection with part of the family. The use of parentheses in the the been gazettes for industry) could be considered indicate extra and unimportant information, but the airily significant, and outlines a major event in the lives of the family. An important message of this poem is that the family will once more feel as though they do not belong, continuing the constant struggle faced by a family forced to dismiss what leads to self-belonging, and living in a country where they feel as though they do not truly belong. These families, like Peter Jerkinesss, are often met with the challenge of fighting exclusion, and remaining true to their culture and to themselves which, in essence, is the key to belonging. Peter Jerkinesss poems Feline Crooknecks, SST Patriots College and 10 Mary Street envoy a strong sense of belonging by exploring the concepts of not only feeling accepted and allied, but also displaced and insecure.

Wednesday, November 20, 2019

International Finance Assignment Example | Topics and Well Written Essays - 1500 words

International Finance - Assignment Example The dataset includes information about stock return, return on equity, and return on assets, total bank assets and amihud index. The data set used in this study is related to several banks that do operate in various parts of the world and this enabled the understanding of the interaction of these two variables that include funding liquidity and market liquidity risk. Firstly correlation analysis was undertaken between certificate of deposits for banks (funding liquidity risk) and Amihud index (market liquidity risk).Regression analysis was as well undertaken between these two variables. In addition, for further studies, a regression analysis could be performed between the dependent variable which was certificates of deposit and the independent variables that include, total asset, stock returns, Amihud index and return on assets. Literature on the interaction between the funding liquidity risk and market liquidity risk was searched on internet through Google. Important journals related to the topic were selected and summarized. The key words such as measurement of market liquidity risk and funding liquidity risk; the relationship between market liquidity risk and funding liquidity risk were used when searching the literature online. The below results from correlation analysis indicate that there is a positive correlation between the market liquidity risk and the funding liquidity risk during the given period. The positive correlation is indicated by 0.08 as the coefficient value between these two variables. It is also seen that the correlation between these two variables is significant since the p value is less than 0.05.The variable of market liquidity and funding liquidity have been represented by Amihud index and the volume of assets. Basing on the regression analysis results below where, Amihud index was taken as dependent variable and the certificates of deposit represented independent variable.

Tuesday, November 19, 2019

Aurora, Colorado Movie Theater Shooting Assignment

Aurora, Colorado Movie Theater Shooting - Assignment Example As such, this brief analysis will consider the means whereby a litany of reporters and news agencies have dealt with the situation, the way in which the police and prosecutors have responded to this, and the harmful precedent that this has set for the world of journalism and the furtherance of the trade. Firstly, though the veritable firestorm of media activity surrounding this particular case has somewhat subsided recently, the press ravenously sought to find any and all relevant, juicy, or pertinent information with regard to the case in the early stages after the violence took place. This was primarily accomplished by seeking to engage individuals that experienced the violence firsthand or had lost friends or family in the massacre in the theater. Initial eyewitness reports that were gained by several news outlets sought to portray a situation where a type of coordinated attack involving two or more individuals was something that could likely have happened based upon eye-witness t estimony. However, as key instances of the case were better understood, the media began to more appropriately list the real perpetrator as a lone-wolf acting alone. Moreover, as time has gone on and the trial has been set for Holmes, little if any media attention has taken place. Although it is the expectation of this student that this will change when a verdict nears in the case, such an action may very well be indicative of a press that operates on the very edge and can afford no more than a brief coverage of an event until the viewership/readership is bored and ready for the next story. However, due to the fact that as yet no verdict has been proclaimed by the court, overall coverage of the issue itself has abated and the viewpoints expressed have tended to mirror what was originally discussed once the details of the case were clearer. Secondly, with regard to the sheer shock that the shooting engendered within the nation, it is not a surprise that the media instantly sought to g ain access to the information surrounding the events that led up to and culminated in the massacre at the theater in Aurora. However, what was particularly shocking was the sheer persistency with which the media sought to engage those individuals who had experienced the shooting and survived as well as those individuals who had lost family members in the shooting (Ingold 1). Since the very beginning of investigative journalism there has been the thin line between getting the story and respecting the rights of a traumatized individual; however, these rights were egregiously ignored in the case of the Aurora shooting interview and subsequent attempts to glean information from the ultimate shareholders. This was so much the case that the police and prosecution were forced into the public arena to announce that the actions that were being undertaken by various media representatives and their reporters were unethical at best and downright harmful to the furtherance of the investigation a t worst. Although there was and is no criminal code, other than harassment and filing an restraining order, with regard to keeping an overzealous reporter at bay, the problem that many of these shareholders faced

Saturday, November 16, 2019

George Bush Essay Example for Free

George Bush Essay Leadership is a quality that Americans always look for in a president. United States Presidents have an extreme amount of responsibility. Americans look for someone that can help our country grow. We look for someone who has charisma, strength and intelligence. George W. Bush had a very interesting presidency. It was filled with joy, turmoil and disaster, all which were times where a leader could either succeed or fail. George W. Bush was the 43rd President of the United States. He had all of the qualification of a great president. He came from a political family. He was the son of former President George H.W. Bush. He had a great educational and military background. He graduated from Yale University and then Harvard Business School. He was a pilot for the Air National Guard for six years. He worked in the oil industry after college where he was known for his smart business decisions. He served in Texas’ House of Representatives and then Governor of Texas. Most American’s would probably believe that all of these qualifications would make him a great candidate for President and in 2000 he was elected President, defeating Al Gore by only small margin. (Bush 3) Choosing George W. Bush I chose to research and analyze President Bush because he was president during the biggest attack on American’s during my lifetime. He had to step up and become the great leader that our nation needed during and after the terrorist attack on September 11th, 2001. President Bush is still being blamed for some of the problems that America is having now. President Obama blames him for the economy and many American’s have blamed him for our continued presence in the Middle East. I wanted to research his leadership abilities and understand why he went from being a so-so President to a great president to a president that is being blamed for everything. I also see President Bush as a normal person with strengths and weaknesses. I see him as someone similar to myself. I want to better understand him and learn from his achievements and his mistakes. President Bush was not a born leader. Even though President Bush had the resume that American’s thought would make him a great leader, at the beginning of his presidency, he was lacking some of the key qualities of a  good leader. He did not show confidence in his decisions and he lacked the understanding of international affairs. (Domin 3) After the tragedy of September 11th, he really stepped up and took on his leadership role. He was able to show America that he was the leader that they thought that they would be getting in an American President. President Bush was able to bring his followers together in a time of tragedy, uniting them for a common goal. He was able to leave all of the criticism that he had gotten behind him and become a new leader that everyone respected. In addition, I wanted to research President Bush because many of the international problems that America faced during President Bush’s terms are still lingering today. American lives are still at risk because of terrorist groups. It was only a couple of months ago that the U.S. Consulate in Benghazi was attacked by terrorist killing the US Ambassador and three others. I question the effectiveness of our current administration and their ability to keep America safe. (Kirkpatrick, and Myers) Abilities and Skills Even though President Bush was not a great leader from the beginning, I believe that he was able to step up and become the great leader that we needed him to be. He embraced the necessary abilities and skills that America needed in a leader after a crisis. The first and most important characteristic that he possessed after September 11th was emotional intelligence. He understood the severity of the situation and was able to address the public in a way that helped us come together as a country. Woodward made this comment about how President Bush addressed the public in front of Ground Zero. â€Å"Bush’s spontaneity allowed him to connect at a visceral level with his audience: acting simultaneously as their leader and expressing their feelings in the highly charged atmosphere of the time.† (Roper 5) I believe that President Bush also encompasses the four characteristics that describe a creative leader. President Bush faced one of the biggest obstacles of any President and he had the self-confidence to lead. (Nahavandi 115) Thousands of innocent Americans had been killed through a terrorist attack. He knew that America was entering a time of war. Even though many of his advisors were unsure of the decisions to attack Afghanistan, he was strong about his beliefs and he gave reassurance to his advisors. A reporter who was present during the National Security Council meeting before the initial attacks in Afghanistan noticed the tension in the room before President Bush was present but said that, â€Å"the tension suddenly drained from the room.† (Roper 5)

Thursday, November 14, 2019

The Love Song of J, Alfred Prufrock Essay -- Literary Analysis, T.S. E

The poem â€Å"The Love Song of J. Alfred Prufrock† written by T.S. Eliot is a depiction of sadness and a disillusioned narrator. While reading this poem, one senses that the narrator is disturbed and has maybe given up hope, and that he feels he is just an actor in a tedious drama At the very beginning of the poem, Eliot uses a quote from Dante’s â€Å"Inferno†, preparing the poem’s reader to expect a vision of hell. This device seems to ask the reader to accept that what they are about to be told by the poem’s narrator was not supposed to be revealed to the living world, as Dante was exposed to horrors in the Inferno that were not supposed to be revealed to the world of the living. This comparison is frightening and intriguing, and casts a shadow on the poem and its narrator before it has even begun. J. Alfred Prufrock is anxious, self-concsious, and depressed. The first half of the poem creates a sense of place. The narrator invites us to go â€Å"through certain half-deserted streets† on an evening he has just compared to an unconscious patient (4). To think of an evening as a corpselike event is disturbing, but effective in that the daytime is the time of the living, and the night time is the time of the dead. He is anxious and apprehensive, and evokes a sense of debauchery and shadows. Lines 15-22 compare the night’s fog to the actions of a typical cat, making the reader sense the mystery of a dark, foggy night in a familiar, tangible way. One might suppose that â€Å"In the room the women come and go/ Talking of Michelangelo† refers to a room in a brothel, where the seedy women for hire talk about elevated art between Johns (13). The narrator creates a tension in the image of dark deserted streets and shady activities in the dark. Then t... ...but the world of the living is too busy with the meaningless details of life to care what he has to say about it. This despair is evident in the repeated lines â€Å"That is not it at all/ That is not what I meant at all† (109). â€Å"The Love Song of J. Alfred Prufrock† is hardly a love song at all. That irony is clear in that the narrator’s voice is anxious, self-conscious, and depressed. It seems he has wasted his life or that life was wasted on him, and he regrets not being born as a creature that lives on the bottom of the sea. The very last lines of the poem, â€Å"we have lingered in the chambers of the sea By sea-girls wreathed with seaweed red and brown Till human voices wake us, and we drown.† (29-131) ask the reader to acknowledge that humanity has the capacity to imagine and create, and that it is sometimes the boredom of humanity that destroys that potential.

Monday, November 11, 2019

Life After High School Essay

I remember that towards the end of my senior year in high school, my parents suggested that I apply to a four-year college. They also offered to pay for the cost of going to college as long as I would go full-time and would start right after high school. They believed that I would be more prepared to challenge the real world by having a four-year college degree rather than just a high school diploma. Having a higher education made the difference in getting a good job with a decent salary. Unfortunately, I did not follow my parents’ advice to go to college right after high school. Instead, I decided to look for a job because I wanted to be independent. After I had been working at different dead-end jobs and making minimum wage, I tried to apply for better jobs that would pay more than ust the minimum wage. These jobs required a higher education such as having a two or four year college degree, which I did not have. I soon realized that I had to go back to school to obtain a higher education. I hated the fact that I had basically wasted three years. Now I encourage my younger sister to go to college right out of high school.By doing so, she wouldn’t waste time working in dead-end jobs making minmum wage. Instead she would concentrate on getting a better education which would provide her with a better paying job. I didn’t want my sister to learn the hard way that she could have been better off by going to college ather than working right out of high school. I felt good to see my sister’s interest in applying early to go to college right after she graduates from high school. Although she is still a junior in high school, I am glad she has learned from my mistake of not taking my parent’s advice when I had the chance. Fortunately, I did go back to school, and now I’m in my last semester of college. I guess it is better late than never.

Saturday, November 9, 2019

Generalization: Black People and Young Men Essay

In daily life, you can find out man many generalization easily; such as, when you heard about crime, you immediately think of the drunken, unemployed, color people.. etc, or when you heard about Havard’s student, words describing like very smart, creative, sucess in life easily or something like that glance through your mind. In the same way, when you heard people depend on welfare, you immediately think that they are lazy, unemployed, have many children, never try to get any job and they are black people. However, do you think generalizations like above always right? Absolutely not. In my opinion, each person has each generalization, sometimes genelizations is similiar, but sometimes not. Wrong genelizations can be cause racism or unfair in life. To begin with an Gladwell’s article, because he mention generalization in one of his articles. In â€Å"Troublemakers†, Gladwell argues that generalization is not easy, you must know exactly what is going on. Because of the attacks of pitt bull, it was banned by the Ontario goverment. They said that pitt bulls is very dangerous, can bite someone without warning signs, then, they decided banned it. In the same case with pitt bull, he gave us some example about young men driver always higher charges or doctors think that midle-ages easily get heart attack. In the same article, he also gave us example about terrorism. He said terrorist in our mind is totally different in real. We don’t know how a terrorists look like; can be a Arab men, can be a young men, can be black people, can be white people, can be lady, also can be a old men. That’s why, the goverment and the police, specific is New York Police Department have trouble in sketching terrorist’s prolife. However, when NYPD use right generalization to make decrease crime in city. Back to the pitt bull, as we know, not all pitt bull are killer, moreover, dogs are good or bad also depend on owner. Most of case was attacked by pitt bull, the owner is often neglectful. However, it is still prohibited. Therefore, Gladwell said that is wrong generalization. As shown above, generalization is not always right. In a welfare statistics 2012, total government spending on welfare annually (not including food stamps or unemployment): $131. 9 billion. This number is increasing every year. Besides, the global economics downturn, this number is very serious. That’s why, most of americans don’t like people who depend on welfare too much. Americans thought that it was one of cause badly affecting in life today. In the same statistic was shown above, percent of recipients who are black: 39. 8 %, this’s highest percent. Next, base on those numbers, you are thinking that black people depend on goverment so much and they seem never try to getting job. Moreover, most of drunken and crime you can see everyday on the street are also black. In the same case, when you go to department of welfare center, you can easily realize that the number of black people is more than all. Now, you begin to default on your thinking that black people are lazy, drunken, crime and depend on welfare so much. Meanwhile, how we know they never try to find a job or try to do something? We don’t know. We also don’t know what is going on their life. They can really have more troubles than white, because of the racism. I have a small story, that’s observation. I’m living Northeast Phillies. Oneday, when I was from home to school, I saw some homeless man on the way to school, I counted five people and in which just have one black people. Now, where is problem? I know, this’s just small story and it can’t generalize anything obvious. However, I think it enough for we look back at own conclusion. Fact that blacks depend on welfare more than others, don’t they? When we heard about black people, we immediately think of crime, drunken†¦ And, thinking made us don’t want to hire them. Clearly, they’ll unemployed. Next, they must depend on welfare to maintain life. Things like a circle and has no end. Until we change our thinking about them and giving them more opportunities, they are still depend on welfare. Not all black people depend on welfare, also not all pitt bull are killers. Finally, genaralization is really important and need shrewdness. You must observation everything what is happening around problems. Because a wrong genaralization can can lead to unnecessary mistakes.

Thursday, November 7, 2019

federalist 51 essays

federalist 51 essays James Madison wrote a series of articles to persuade the people to ratify the new constitution. In Federalist 10 ad 51, he explained the government would be powerful, but the people still have their liberties. In Federalist 10, he wrote about a republic, the Republic States. The people would vote for representatives that would refine popular opinion. But why have the representatives, it is because that would be too many people and too little time to debate. If all if the people debate over what should be done in the government, nothing would be done. When the public elect their representatives, they would elect people that would represent their idea. Then the representative would represent the over all interest, therefore refining the public opinion. When the people give their liberties to the government, the government depends on the people, for votes and revenue. In order to prevent the peoples liberties be taken way, federalism is form. Madison wrote the legislatures to be split in two, and give each administer each a department. That way, each mans ambition will counter others ambition. No major faction will be made. The legislatures are dependent to the people. Each of th e representatives has a different tenure, in the House of Representatives, two years, in the Senate, six years. The representatives have to represent their people, or they would be replaced when election comes. Even though the people do not have direct control of the government, the people control the representatives in the government. The people render them all subservient to the public good. Even if the legislatures get out of line, the President still has the absolute negative to veto them. But if the Congress gets a two-third vote, they can override the presidents decision. The government has so many checks and balances and auxiliary precautions, it is hard to change th...

Monday, November 4, 2019

Are Social Networking Sites Harmful or Safe Research Paper

Are Social Networking Sites Harmful or Safe - Research Paper Example 2. Social Networking Sites Safe or Not? McDowell and Morda included alarming statistics that highlight the level of integration of social networking sites; there are around 500 million users on Facebook and more than 100 million users on MySpace around the globe (1). The accumulation of such an extravagant population of the world on centralized platforms has brought about numerous issues related to privacy and security of the social networking users. The presence of such an extensive population of the world includes all types of users, such as criminals, hackers etc. Earlier, internet users were sensitive about the safeguarding of their information and details about their lives, however, the advent of social networking sites has brought about a sudden trend resulting in influx of personal information and news about one’s daily lives on the respective platforms. Users generally follow the on-going trend and post details about their routines and lives on such sites while being u nconscious of the possible consequences of such conduct. Livingstone and David stated teenagers tend to reveal their personal information more than others since 49% of the teenagers in US disclose their school names and 29% provide their email addresses (6). McDowell and Morda stated that even information about upcoming trips, children’s school information and names can give the malicious intent users information that might prove to harm the users and bring about dangerous instances for them, for example, robbery, kidnapping etc (3). Some may argue that social networking sites can prove to be safer and dangerous instances can be avoided if personal details of such nature are not shared on the platform. However, McDowell and Morda stated that the privacy of an individual is even threatened when others post information regarding others, intentionally or unintentionally, and also that such posting is beyond the control of any individual (3). Livingstone and Brake included figure s regarding the degree of inclusion of youngsters on social networking sites and revealed that almost half of the youngsters in UK between the ages of 8 and 17 possess a social networking profile (2). Similar figures have been recorded for USA as well. The presence of such fragile and young minds on social networking sites is not safe since the content on these platforms may be inappropriate for the young viewers. Livingstone and Brake also revealed that 57% of youngsters had been exposed to pornography and 31% of them had seen violent content on social networking sites (5). Alongside the exposure to inappropriate content, social networking sites have given newer platforms for bullying their peers. Livingstone and Brake included results from a survey that included 12-17 year old participants in the survey. The survey revealed that children were being bullied almost as much online as their real lives since 72% children were being bullied online and 85% were being bullied in school (6 ). It is argued that cyber bulling on social networking sites is not as bad as it has been portrayed since it is only a verbal attack on the victim, rather than a physical one (â€Å"

Saturday, November 2, 2019

Leadership Communication Research Paper Example | Topics and Well Written Essays - 2000 words

Leadership Communication - Research Paper Example From the essay it is clear that the concept of leadership communication comprises of two terms such as ‘leadership’ and ‘communication’. The term leadership has been defined in a number of ways. However, generally it is agreed that a leader is an individual who coordinates, guides, directs, motivates, and controls others. A leader persuades his followers to work for achieving the predefined goals and objectives of the organization. In order to influence his followers, leaders may adopt a wide variety of leadership strategies including simple structure, machine bureaucracy, and adhocracy. Through the application of those leadership models, leaders motivate and command his subordinates and control various situations in different manner. This discussion declares that every leader obtains better or poor results based on the efficiency of his operations. A leader cannot influence his followers and hence achieve desired goals if he lacks proper communication skills. Effective flow of leadership communication may be often interrupted by either the sender or the receiver even though other external factors can have also an influence on this process. Better communication ability would be a key tool for a leader to create and maintain well understanding and trust that are essential to foster his subordinates so that they may follow his operational tactics. A leader with good communication skills can maintain a healthy relationship with his followers.

Thursday, October 31, 2019

Presidential versus Congressional Decision Making Essay

Presidential versus Congressional Decision Making - Essay Example The two divisions share in the course and each one of them plays a significant although dissimilar function. Presidential versus congressional decision making The issue of who formulates foreign policy does not contain a more accurate answer for a number of reasons. Foremost, United States foreign policy is not formed in a vacuity as some type of indissoluble whole with a solitary imposing design. Relatively, formulating foreign policy is a lengthened course concerning many actors and including dozens of personal policies towards diverse nations, constituencies, and operative problems. Subsequently, the composite course of establishing foreign policy makes it hard to come to a decision of who ought to be accredited with instigating or adjusting any meticulous foreign policy. The two divisions frequently interrelate and persuade each other. Beneath this state of affairs, it is complicated to trace a proposal back to its derivation, establish when an idea actually manipulates policy, a nd come to a decision when an adjustment generates a novel policy. ... One research categorized the epoch 1789-1829 as one of Presidential proposal (Mowbry, 2003), 1829-1898 as one of congressional dominance and 1899 in the course of the abrupt post World War II phase as one of mounting Presidential supremacy. A different research classified three epochs of congressional supremacy, 1837-1861, 1869-1897, and 1918-1936, with an additional one commencing toward the conclusion of the 1973 War in Vietnam. Following are fundamental ways the President or executive division can initiate or originally outline foreign policy. In these state of affairs, Congress is placed in the position of either acting in response optimistically to the President's proposal or requesting to amend or turn around the influence of his rank. Reacts to Foreign Occurrences. Government Proposal for Legislation. Concession of Intercontinental Accords. Statements of Policy. Implementation of Policy. Sovereign Action. Decisions and Statements of Policy. Directives of Legislation. The most significant characteristic of the president’s function is decision-making, and this power by all sort of things. It is fundamental to comprehend the ambiance in which the president formulates decisions. They ought to make decisions in strict restraints. There are frequently previous pledges formed by the government that necessitates it to use up money, guard allies, preserve overhauls, or guard rights (De Castro, 2000). The president is also stressed by the institutional capacities of the executive division, which is also a result of precedent decisions. Presidential Decision Making illustrates two organizational problems the President encounters. The interrelatedness of the matters

Tuesday, October 29, 2019

Finance - Hedging Strategies Assignment Example | Topics and Well Written Essays - 750 words

Finance - Hedging Strategies - Assignment Example The essence of hedging strategies is to reduce business risks while deterring the creation of additional risks. Multinational firms encounter a multitude of risks, particularly as a result of their competitive exposures across the globe. General Motors has along experienced competitive exposure due to the Japanese yen. This exposure has a lot to do with the depreciating Japanese yen. However, the company is yet to establish clear guidelines to deal with the competitive risk caused by the yen’s continued depreciation. In essence, the company’s hedging strategies do not provide lucid hedging strategy guidelines. General Motor’s treasurer and finance vice-president Eric Feldstein had to establish robust hedging strategies to counter the risk posed by the depreciating Japanese yen. General Motors was incurring substantial losses as a result of market changes with regard to the US dollar and Japanese yen (Desai & Veblen, 2006). General Motors, therefore, sought to min imize currency risk to maximize its profitability. GM established a passive policy that involved hedging half of its commercial exposures on a regional basis. This means that GM’s hedging strategy involved a clear distinction between commercial and financial exposures. GM defined its commercial exposures as cash flows related to its ongoing business, for instance, payables and receivables and its financial exposures as dividends and debt repayments. The primary purpose of GM’s overall hedging strategy was related to its foreign exchange risk management policy. This hedging strategy aimed at reducing the volatility between cash flow and earnings by hedging cash flows i.e. transaction exposures only and disregard translation (balance sheet) exposures. In addition, GM’s strategy aimed at minimizing the cost, as well as management time devoted to the management of global foreign exchange. This policy was an outcome of an internal audit, which showed that resource in vestment in active foreign exchange management had not led to substantial operation of passive benchmarks. This led to policy changes, as well as the adoption of a passive approach in place of the active one. Lastly, GM’s hedging strategy aimed at aligning the company’s foreign exchange management with GM’s operation of its automotive business (Desai & Veblen, 2006). This move reflected the assumption that financial management needs to conform to the geographic, operational footprint of GM’s overlying business. Overall, GM’s hedging strategy has effectively reduced its foreign exchange risks, enabling the company to operate efficiently in the Japanese market. JP Morgan is a US-based financial company that rolled out its business in other regions of the world. While companies establish hedging strategies to protect them from risks, particularly future risks, wrong practices can cost massive losses to a company. One such company is JP Morgan, which u sed derivatives as its primary hedging strategy resulting in losses of up to $ 2 billion. JP Morgan adopted the use of risky derivatives rather than less risky bonds used by its competitors such as Bank of America, Citigroup Inc. and Wells Fargo & Co. (Griffin & Moore, 2012). The later financial companies do not trade in credit-default swaps with regard to their indexes. However, JP Morgan accumulated massive credit-default indexes, which resulted in, price moves within the financial industry. Unlike JP Morgan, other financial industry players use

Sunday, October 27, 2019

Islamic Law And Its Impact On Arbitration Of Ip Cases

Islamic Law And Its Impact On Arbitration Of Ip Cases Islamic Law And Its Impact On Arbitration Of Ip Cases In Middle East With Special Reference To Jordan Introduction The law of intellectual property is one of the areas of law that has emerged in Jordan relatively recently. The reasons for such late emergence of intellectual property law in Jordan are that there were no sufficient conditions for development of this area of law in this jurisdiction. Due to this fact, courts in Jordan were hardly able to decide such cases because of their complexity and lack of necessary skills and knowledge of judges in respected area of law. It is for this reason it seems that Jordanian legal practitioners saw the necessity of establishing courts which would adjudicate such cases. The law of intellectual property is one of the areas that pose several challenges to trade area, where sellers of unauthorized products or products which breach intellectual property rights are widespread. It is inevitable truth of most Arab countries and in this respect it seems that position of intellectual property legislation saw its goal. Some would ask: Why would Jordan need intellectual property law at all? It does not have such potential in order to enforce such complicated legislation and procedures. The answer lies in increasing importance of Jordan as a financial and trade center of Middle East, which would compete and challenge such centers as U.A.E. and Qatar. In order to ensure such position in market, Jordan, first, has to ensure that legislation is in harmony with international trade and financial legislation. Amidst them, intellectual property law, if not most important, but occupies significant place to such an extent that it has to increase awareness and skills in this area. Simultaneously, one of the important and flexible methods of alternative dispute resolution as arbitration has to play here crucial role. Arbitration is one of the areas of alternative dispute resolution, necessity of which has increased along with globalization of international trade. It has been seen as one of the areas which can significantly simplify international trade procedure without bringing unsolvable complexities into the business which has already gone into complexities. The arbitration of cases related to intellectual property is different and complicated matter, which cannot be explained with reference to arbitration of normal and common cases that emerge in the course of international or local trade. It requires lawyers which are not only fluent but also skilled in matters of IP law and practice. Such lawyers, the amount of which is few in Jordan, can be and should be trained in this area in order to ensure the integrity of arbitration procedures in IP cases. As a rule, majority of companies and lawyers cannot trust to state courts, which would consider intellectual property cases along with ordinary cases and are subject to inevitable error by doing incorrect analogies in decision of such cases. Usually parties which address their cases to state courts are usually unsatisfied not only with level of knowledge of judges in intellectual property cases but also with complexity of procedure. In this sense, one should realize the importance of arbitration methods for adjudication of intellectual property cases. Jordan, it seems, have realized the serious threat posed by this problem and have taken number of measures in order to respond to this challenges. One of the notable measures is certainly sending law students abroad in order to prepare future judges specialized on intellectual property disputes. This has been done effectively and majority of students are in prominent institutions which are really strong in this area of law. Second is creation of respective legislation in this area, yet there are some gaps which are inevitable and these gaps should be filled in order to harmonize Jordanian legislation in the field of arbitration and IP law. Jordan has examples to learn from and it is its closest neighbors such as U.A.E., Qatar and Bahrain. These countries have foremost skills and experience in these fields of law. It is not only explained by abundance of their experts but also rapid expansion of their economies and integration into the world economy. In this respect, Jordan is in more convenient position than other countries since even the culture of its neighbors is identical to Jordan. The similarity in culture and tradition is one of the factors that make harmonization of Jordanian IP legislation much easier and painless. Besides, the lack of experience and knowledge not only in IP law, but also in arbitration process in IP case makes Jordan vulnerable to the challenge posed by the legal world of these neighbors. It is for this reason; the necessity of this dissertation is realized. There is also Islamic factor that raises issue. Since Jordanian constitution recognizes Islam as a religion of state and due to historical circumstances when Islamic law dominated Jordan for centuries, it raises question: Has Islamic law influenced emergence and development of arbitration in Jordan as well as of intellectual property law? In this respect, Akhtar remarked: â€Å"there exist considerable variations in the Middle East on the incorporation and application of arbitration laws and the practice and procedure in enforcing arbitral awards, which are complicated further by the differing interaction between Sharia law and Western systems of law in each country†. Therefore, the major goal of this dissertation is to examine whether Islamic legal principles in fact had an impact on development of arbitration and intellectual property law in Jordan. It will be tested on the basis of case related to IP law decided in arbitration courts of Jordan. The importance of this topic is realized in the context of rising importance of Jordan as emerging economic and financial leader in Middle East. It is also realized due to the fact that Islamic law is a dominant system in contemporary Middle East. This dissertation consists of four parts: (i) first chapter briefly examines the basic tenets of Islamic law; (ii) second chapter briefly examines arbitration system in Jordan; (iii) third chapter briefly analyses intellectual property law in Jordan; and (iv) final chapter, an important one scrutinizes Jordanian intellectual property disputes arbitration for compliance with Islamic law. Overview Of Jordanian And Islamic Law Jordan is one of the countries in the world that inherited several features of different legislations at a time. One of the major influences was Ottoman legislation, since Jordan was under their dominancy for almost 700 years. In this respect, it can be said that it has been influence not only by Islamic law, which was the law of Ottoman empire but also by features of unique Ottoman law, which coexisted in one line with Islamic law. Legislation And Judicial System In Jordan Once Jordan became a subject of European colonization in 19 century, it inevitably embraced some features of European legislation. Yet, at present time, Jordanian legislation is surprising mixture of European and Islamic elements. The system of government in Jordan is parliamentary monarchy. Yet, it should be noted that monarchy in Jordan is almost absolute since all powers are vested in the King of Jordan who is considered to be direct descendant of Prophet Muhammad (S.A.V.) As in other countries of the world, the power in Jordan is divided into three branches, namely, legislative, executive and judicial. However, unlike other countries King may interfere within functioning of legislative power or other in order to ensure his absolute status. The constitution of Jordan openly declares Islam as the religion of state. However, upon the close examination of Jordanian legislation, one cannot call it Islamic state since it contains elements which are contrary to Islamic legal principles. Unlike Saudi constitution which declares Islam as a source of law, Jordan constitution declares Islam only as a religion of state. It is, however, not clear what it implies. Nonetheless, one can see the consequences of Islam being declared as a religion of state, in the legal system, where there is duality of courts. Jordanian courts are divided into secular and religious courts. While religious courts are not only Islamic but also ecclesial or Christian courts, which are free to decide family matters of their respective religious communities. The competence of religious courts, including Islamic, are not extended to the matters of commercial and administrative law. Therefore, matters pertaining to commercial or administrative law are decided in secular courts. Officially, Jordanian constitution declares that there are three types of courts: (i) civil courts; (ii) religious courts; and (iii) special courts. Yet, civil courts also hear criminal cases along with civil cases and cases of administrative field. Religious courts are divided into Islamic and courts of other non-Muslim communities. Both of them hear cases within scope of their competence. It is interesting that Sharia courts also hear cases which are related to the compensation of blood money where one of the parties are not Muslims. Compensation of blood-money, otherwise called diya, is one of the old features of Islamic criminal law and it is surprising that it is not in competence of secular courts but religious. The constitution does not define how special courts function, leaving this matter to the law. Yet, there are tribunals which are designed to interpret law and one of them is High Tribunal, the purpose of which to interpret constitution when required by government. It is also necessary to provide brief overview about Shari ‘a, which occupies significant position in Jordanian legislation. Sharia, otherwise called Islamic law, is one of the ancient systems of law that has been preserved since 7 century A.D. with some modifications. The sources of Sharia, according to Muslim belief, are Quran and Sunna. First being Holy Book of Islamic religion and second are traditions or precedents of Prophet of Islam. Besides, official Islamic dogma declares that Islamic jurisprudence functions according to four sources of law, Quran, Sunna, ijma and qiyas. Ijma, otherwise called consensus is being interpreted differently by four schools of Islamic law and same goes with qiyas, which is otherwise called analogy. Four schools of Islamic law that has emerged at different periods of time during first century of Islam, mainly diverge upon interpretation of major or secondary sources of Islamic law. Islamic law does not recognize freedom of contract and prohibits such elements of trade and economy as charging interest, fortuity and gambling. In order to comply with these principles, Islamic lawyers has developed certain methods and forms which would allow Muslim to operate in one or another way in business world. One of the remarkable features of new Islamic jurisprudence is creation of Islamic banking, which replaces interest with profit-and-loss sharing concept, Islamic insurance that operates in almost similar fashion and other new concepts as Islamic bonds, otherwise called sukkuk. As far as intellectual property concerned, Islamic law protects inviolability of property as well as its manifestations in different forms. The same applies to any form of intellectual property, be it trademark or invention. Arbitration in Islamic law is unique, since arbitration has been inherent to Arab culture and was called hakama. Hakams were arbitrators in ancient Arabia and judged according to Arab customs and traditions. Therefore, there is nothing new in arbitration which is not familiar to Islamic lawyers. In last century, the position of Islamic law in disputes that were decided in arbitration courts was widely ignored. It is evident from several cases. In Petroleum Development (Trucial Coasts) Ltd. V. Shaikh of Abu Dhabi, Lord Asquith, the arbitrator ironically observed: â€Å"†¦it would be fanciful to suggest that in this very primitive region there is any settled body of legal principles applicable to the construction of modern commercial instruments†. Another remark, done by arbitrator in Ruler of Qatar v. International Marine Oil Company Ltd., was bitterer and arrogant: â€Å"†¦I am satisfied that the [Islamic] law does not contain any principles which would be sufficient to interpret this particular contract†. Such excesses and bitter remarks were summed up and characterized in the following terms: â€Å"In general, the legal community throughout the Arab world is still manifesting its hostility to transnational arbitration mainly as a result of the great publicity devoted to the criticism of certain unfortunate arbitral awards rendered as of 1951 by western arbitrators who excluded, with terms of a humiliating nature, the application of the national applicable legal systems of countries like Abu Dhabi or Qatar†. It should be also noted that Jordanian legislation does not fully implement precepts of Islamic law such as prohibition of interest or insurance. There are banks and insurance companies in Jordan which operate according to Western principles of banking and insurance. The companies and banks in Jordan are free to operate in the mode they choose to be most efficient for them. There is no hindrance on the part of Jordanian government in this sense. Defining Islamic Law There is no single or unified definition of Islamic law. Various scholars offer various definitions. I shall not go into each definition offered but shall arbitrarily explicate some of them. One of the famous scholars of Islamic law, Joseph Schacht offered an interesting definition for Islamic law: â€Å"Islamic law is the epitome of the Islamic spirit, the most typical manifestation of the Islamic way of life, the kernel of Islam itself†. Goitein, it seems, offered more precise and comprehensive definition: â€Å"Islamic religion is characterised by the prominence of legal conceptions in its systems: The Sharia, or holy law, is its very essence and Fiqh, or religious jurisprudence, is its science (‘ilm) par excellence. The minute observation of many commandments is its most conspicuous practical aspect; the free fellowship of religious scholars, who do not need authorisation by any government to interpret, develop and apply its law, is its most representative body, and even purely legal sections of the Fiqh are studied as an act of worship†. These two definitions are not exhaustive but reflect true essence of Islamic law. Schachts ‘way of life and Goiteins ‘religious jurisprudence constitute what is called Shariah in Arabic. Moreover, Islamic law cannot be compared with common or continental legal systems. It is because latter do deal and embrace all areas of law, whereas Islamic law mostly deal with private law, leaving aside public law. Therefore, the claim of some countries that since their legislation is based on Shariah, their law is being regulated by divine law is not correct. The Shariah only applies to matters of private law in these countries and the public law has been imported from Western models. The majority of scholars have long been recognizing Quran as a major source of Islamic law, sometimes without examining what it stands for. It was Schacht who first suggested that Shafii, prominent Islamic jurist, paid merely lip-service to Quran as a source of law in his jurisprudential theory. Certainly, major principles of Islamic law has been deducted from Quran but it is only a major and in a number of cases, we discover that Muslim jurists are dependant or totally reliant on other sources rather than Quran without hesitation. The holy book of Islam or Muslims all over the world, Quran is believed by Muslims to have been revealed via Archangel Gabriel to Muhammad, who is regarded by Muslims as both Prophet and Messenger of God. Quran is law but law in a spiritual sense. If you ask a Muslim: What is your law (Sharia)? He or she would respond: â€Å"Quran† without realizing whether it is spiritual or actual law. For the purposes of present study, Quran is a source of law but to a limited extent since a major proportion of rules and judgments is being extracted from other sources of law and via different methods of legal reasoning. It is not however realized by ordinary Muslim as such, and even by Muslim jurist, who would suggest that sources for such rulings is Sharia and all rules, embodied in Sharia are immutable and should not be a subject of any challenge by anyone. Before turning to critical points, it is crucial to explore basics of Quran. Quran is the holy book of Islamic religion. It is said to have been revealed during 23 years, once Prophet Muhammed started his mission among Arab people. The Quran derives from the word ‘qara which denotes in Arabic, reciting or reading. It is also asserted that with a same meaning it is cited in Old Testament in Hebrew language. There are other names which are designed for Quran, such as ‘Quran al-Majid or ‘al-Quran ash-Sharif or ‘Furqan, etc. For the purpose of present study, it shall be called Quran, which is rather easy to refer and this way we shall avoid confusion. The divine legislation is said to have been established through revelation of Quran in stages as I have mentioned earlier. The modern scholars as well as classic jurists were still unsure about precise role of Quran as a source of legislation. It is not clear whether the role of Quran corresponds to the hierarchy where it has been hoisted to the primary position. In fact, Quran has never been a primary source as we understand a primacy in modern jurisprudence. Muslim jurists would often rule according to verse of Quran but not a principle or spirit that it implies. They would pay a lip-service to Quran as a source of all legislation, but in fact they would disregard those rules of Quran that should have been regarded in specific occasion. The precise role of Quran is difficult to define; it is because the primacy of Quran has been overshadowed by other sources and methods of law. Quran has always been mentioned along with Sunna, second sources of Islamic law which we shall have occasion to discuss in the next paragraph. In order to demonstrate the position of Quran as a source of law, let us look at some examples of utilization of Quran in classic Islamic jurisprudence. The Prophetic Traditions or hadith as called in Arabic form a second source of law in hierarchy of sources of Islamic law and jurisprudence. It does not only occupy this position indeed but sometimes shares dominancy with Quran. The difference that emerged between Muslim jurists and later led to establishment of schools of law was caused by diverging interpretation of Prophetic Tradition. From liberal approach of Hanafis to strict compliance of Zahiris, they all dispute on nature of Prophetic Traditions as a source of law. Sometimes their conflict went as far as one realise that it is rather absurdity than logical argument. The word ‘ijma, which is basically translated as ‘collecting or ‘assembling, in a legal sense has caused a lot of debates over its validity. It is sometimes viewed as a consensus of either jurists or Muslims in general. Some assert that it is consensus of early Muslims Companions over common postulates of faith and religion. The consensus might be reached if it is unanimously adopted in practice or ‘custom as in the case of international law. Second, consensus might be uttered in respect of certain ruling by majority of either scholars or jurists. Finally, it can be ‘e silentio support for certain opinion by majority of jurists that have the right to adjudicate their independent opinion. It is not clear from Islamic jurisprudential theory when ijma should be employed and what certain conditions are. Some jurists, Hanafi, for instance, usually in their judgments, say ‘there has been consensus on this issue or ‘question but they never clarified how and why such consensus has been reached among them. We also do not know whether we may employ ijma concept in modern context and whether it shall be binding on all Muslims or adopted by them as a constituent part of Islamic law. In Sunni jurisprudence, we know that by way of ijma, certain jurists united into groups affiliated with dominating opinion of single jurist, which later became known as ‘schools of law or ‘madhahib. It has also been asserted that ijma on common legal issues has been reached in eighth century by respective founders of ‘madhahib; there is no way to re-visit these concepts or judgments. When speaking of analogy principle in Islamic law, it is not clear whether it is absolute or not or whether it is logically applicable to all cases. The word ‘qiyas itself means ‘to compare and it is regarded as one of the major sources of Islamic law. Islamic jurists themselves stipulate four predominant conditions of analogy: The precept or practice upon which it is founded must be of common (amm) and not of special (khass) application; The cause (‘illa) of the injunction must be known and understood; The decision must be based upon either the Quran, the Sunna, or the Ijma; The decision arrived at must not be contrary to anything declared elsewhere in the Quran and Sunna. The fourth stipulation raises some concerns. As we have discussed earlier, there are a lot of contradictions between Quran and Sunna, and even within Quran and within Sunna. The jurists attempted to decide such contradictions by asserting that there cannot be hypothetically any conflicts between these sources and even within these sources; they exist and it is reality. This factor also serves as a great hindrance in deriving rules or judgments from primary sources of Islamic law. Even though these rules has been developed and elaborated by jurists; there are still a lot of controversies with application of this principle. It is caused by a different degree of application in schools of law and conflict between jurists whether such analogy might be applied when the necessity in such application is clear. Thus, for instance, it is not clear why principle of justice embodied in Quran might not be equally applied to all subjects of Islamic state, be it Muslim or non-Muslim. Normally, Islamic jurist would object saying that since Quran is only for Muslims, its injunctions are only applicable to Muslims. There is no logic which might be applied but incoherence in reasoning, sometimes leading to absurd conclusions. Concluding Remarks In present chapter, we have discussed general legal conceptions that exist in Jordanian and Islamic law. There is a big difference between them because of the nature of legislation. Islamic law is mainly religious, whereas Jordanian is secular; even though Constitution claims that Islamic is a state religion. In majority of Islamic countries, a fact that Islamic is a religion of state is merely lip-service to Islamic as a religion of people. It does not go further than that, except some countries as Iran, Pakistan and Saudi Arabia. But even legislation of these countries demonstrates how secular they are in their nature. It does not however mean that Jordan lack of Islamic legal taste; there are some aspects of Islamic law in Jordanian legislation, as we have seen previously. The matters of marriage, divorce, inheritance and religious endowment are mainly under realms of Islamic law. Yet, on the other hands, similar matters that arise with other religious communities are decided based on their respective religious law. However, the matters which are related to arbitration and intellectual property are mainly based on secular, precisely on European model based laws. Therefore, purpose of forthcoming chapters will be to examine whether they comply with Islamic law in general. Arbitration System In Jordan And Compliance With Islamic Law And Its Implications For Intellectual Property Law This chapter summarizes the current state of arbitration system in Jordan and issue of its compliance with Islamic law. It is done with purpose to acquaint readers with main aspects of these systems and legislation, so he or she has full understanding when looking through forthcoming chapters. Arbitration In Jordan The arbitration process in Jordan is being regulated by special law Law No. 31 of 2001 otherwise called Jordan Arbitration Law. It is not unique; neither has it been adopted from international law, but from Egyptian Arbitration Act No. 27 of 1994, which in turn has been adopted from UNCITRAL Model Law 1985. The law consists of 7 parts and 56 articles. It can be structured thus: (1) General provisions (Articles 1-8); (2) Arbitration agreement (Articles 9-13); (3) Arbitration tribunal (Articles 14-23); (4) Arbitration proceedings (Articles 24-35); (5) Arbitral award and termination proceedings (Articles 36-47); (6) Nullity of arbitral award (Articles 48-51); (7) Enforcement of awards (Articles 52-56). The Art. 3 makes the scope of law absolute; it extends to any arbitration proceedings in Jordan and to any cases whether they derive from contractual dispute or not. Neither does it differentiate between commercial or civil disputes; both of them are within scope of this law. The Art. 5 allows not only contracting parties to choose the arbitration procedure but also a third party which shall be able to choose such procedure. The Art. 8 explicitly prohibits the intervention by state courts; yet, it stipulates that the arbitration tribunal may ask the intervention of state courts where former needs the participation of experts, witnesses, etc. As far as arbitration agreement is concerned, Art. 9 allows only those persons, be it physical or legal, which has legal capacity, to conclude such agreement. It does not allow arbitration on matters which are on â€Å"amiable compositeaur† basis. The arbitration agreement is valid only if in writing, according to Art. 10a, yet, the form of written agreement is flexible. It can be contained in exchange of letters, faxes, etc. It has been also reaffirmed by Jordanian Court of Cassation which stated: â€Å"the arbitration clause as established should be written, clear and explicit as well, by virtue of Article 10/A of the Arbitration Law No. 31of 2001†. The law also allows parties to render their dispute to arbitration whilst in state court, in which case state court has the right to refer to arbitration tribunal and its reference shall be viewed as arbitration agreement in writing. As far as arbitration tribunal concerned, Art. 14a and b, establishes that number of arbitrators shall be odd, otherwise it is void. If there is a disagreement between parties then number of arbitrators is three. Noteworthy, the law reaffirms the independence of arbitration clause, which is according to Art. 22, is not dependent on other clause of underlying contract. The language of arbitration proceedings is Arabic but law allows the use of another language or other languages upon consent of parties, according to Art. 28a. Most importantly, Art. 17 upheld the principle of impartiality and independence of arbitrators and in elaboration of this provision Court of Cassation further held: â€Å"all arbitral procedures, in which the challenged arbitrator has participated, including the arbitral award, shall be deemed void†. These are the major aspects of arbitration law in Jordan. Besides, Jordan has also ratified the New York Convention on Recognition and Enforcement of Foreign Arbitral Awards by the virtue of Jordanian Court of Cassation, where it was remarked: â€Å"It is understood from the Article (2) of Enforcement of Foreign Judgments Law No. 8 of 1952 that the foreign arbitral award which has been enforced and ratified by the forum court , shall be enforceable in Jordan in accordance with all the clauses and requirements, and does not conflict with any of the stipulated provisions of Article (7) of the said law†. The ratification of New York Convention by Jordan should be viewed as positive development and attractive for the foreign companies who wish to deal with Jordanian companies or invest in Jordan. The same applies to IP disputes; any company which would challenge Jordanian company with the claim of breach of copyright or violation of other forms of intellectual property, are in convenience in the view of ratification of New York Convention. However, in his study of issues pertaining enforcement, Haddad critically commented: â€Å"Turning again to Jordanian Law which provides, as has just been seen, that a foreign award must be enforceable in the place in which it was issued, which means that the award should have been reduced to a judgment in the foreign country†. It implies that Jordanian legislation does not recognise validity of foreign judgement as enforceable in Jordan. But he noted that â€Å"this approach may be criticized since it may be difficult in practice or even impossible to achieve this goal in certain circumstances, particularly in institutional arbitration. In this type of arbitration, it may happen that the parties involved in the proceedings including the arbitrators, and all other relevant factors have no relation whatsoever with the place of arbitration except that the proceedings were conducted there. In such a case, the foreign court may reasonably reject to enforce the award rendered in its country, and that means that the award may not be enforced in Jordan either†. In such dubious situation, it is unclear how Jordanian legislation on arbitration would cope with this kind of problem. It seems to be paradoxical situation because award cannot be enforced either domestically or locally. It will also have some implication for enforcement of foreign arbitral awards on intellectual property rights since majority of arbitral awards may not be enforced in foreign country since its enforcement should be accomplished in Jordan because of object of dispute. In such case, it is difficult to predict how arbitration courts and moreover state courts would deal with it. Enforcement Of Foreign Arbitration Awards In Jordan One of the problems that foreign company may encounter in Jordan is the problem of enforcement of award related to IP cases in Jordan. It is clear that certain IP cases may intervene with public policy and in this regard it is nearly impossible to assert such possibility may not arise. IP legislation in Jordan being in immature position sometimes may not offer effective solutions for parties which are from different countries. In this regard, one should closely take a look at public policy issues in Jordan. According to IP legislation, certain names cannot be registered as trademarks in Jordan. However: what if the name of foreign company or brand coincides with the name trademark registration of which is illegal in Jordan? The company in this case would face difficulties in carrying out business and moreover it would face difficulties in enforcing award that has been rendered in foreign or international arbitration court. The case of Mitsubishi in U.S. showed how difficult it is to determine whether one case is subject to public policy or not. It has changed the contours of arbitrability in U.S. but the question arises: can such case have implication for Jordanian arbitration system? One can answer positively, but one would be confused when it comes to IP arbitration. IP arbitration, as it has been seen, is a difficult and complex matter. It cannot be simply adjusted as in the case of ordinary commercial arbitration. The IP legislation is diverse and this diversity may imply negative consequences for arbitration, since arbitrators should be expertise in all areas Islamic Law And Its Impact On Arbitration Of Ip Cases Islamic Law And Its Impact On Arbitration Of Ip Cases Islamic Law And Its Impact On Arbitration Of Ip Cases In Middle East With Special Reference To Jordan Introduction The law of intellectual property is one of the areas of law that has emerged in Jordan relatively recently. The reasons for such late emergence of intellectual property law in Jordan are that there were no sufficient conditions for development of this area of law in this jurisdiction. Due to this fact, courts in Jordan were hardly able to decide such cases because of their complexity and lack of necessary skills and knowledge of judges in respected area of law. It is for this reason it seems that Jordanian legal practitioners saw the necessity of establishing courts which would adjudicate such cases. The law of intellectual property is one of the areas that pose several challenges to trade area, where sellers of unauthorized products or products which breach intellectual property rights are widespread. It is inevitable truth of most Arab countries and in this respect it seems that position of intellectual property legislation saw its goal. Some would ask: Why would Jordan need intellectual property law at all? It does not have such potential in order to enforce such complicated legislation and procedures. The answer lies in increasing importance of Jordan as a financial and trade center of Middle East, which would compete and challenge such centers as U.A.E. and Qatar. In order to ensure such position in market, Jordan, first, has to ensure that legislation is in harmony with international trade and financial legislation. Amidst them, intellectual property law, if not most important, but occupies significant place to such an extent that it has to increase awareness and skills in this area. Simultaneously, one of the important and flexible methods of alternative dispute resolution as arbitration has to play here crucial role. Arbitration is one of the areas of alternative dispute resolution, necessity of which has increased along with globalization of international trade. It has been seen as one of the areas which can significantly simplify international trade procedure without bringing unsolvable complexities into the business which has already gone into complexities. The arbitration of cases related to intellectual property is different and complicated matter, which cannot be explained with reference to arbitration of normal and common cases that emerge in the course of international or local trade. It requires lawyers which are not only fluent but also skilled in matters of IP law and practice. Such lawyers, the amount of which is few in Jordan, can be and should be trained in this area in order to ensure the integrity of arbitration procedures in IP cases. As a rule, majority of companies and lawyers cannot trust to state courts, which would consider intellectual property cases along with ordinary cases and are subject to inevitable error by doing incorrect analogies in decision of such cases. Usually parties which address their cases to state courts are usually unsatisfied not only with level of knowledge of judges in intellectual property cases but also with complexity of procedure. In this sense, one should realize the importance of arbitration methods for adjudication of intellectual property cases. Jordan, it seems, have realized the serious threat posed by this problem and have taken number of measures in order to respond to this challenges. One of the notable measures is certainly sending law students abroad in order to prepare future judges specialized on intellectual property disputes. This has been done effectively and majority of students are in prominent institutions which are really strong in this area of law. Second is creation of respective legislation in this area, yet there are some gaps which are inevitable and these gaps should be filled in order to harmonize Jordanian legislation in the field of arbitration and IP law. Jordan has examples to learn from and it is its closest neighbors such as U.A.E., Qatar and Bahrain. These countries have foremost skills and experience in these fields of law. It is not only explained by abundance of their experts but also rapid expansion of their economies and integration into the world economy. In this respect, Jordan is in more convenient position than other countries since even the culture of its neighbors is identical to Jordan. The similarity in culture and tradition is one of the factors that make harmonization of Jordanian IP legislation much easier and painless. Besides, the lack of experience and knowledge not only in IP law, but also in arbitration process in IP case makes Jordan vulnerable to the challenge posed by the legal world of these neighbors. It is for this reason; the necessity of this dissertation is realized. There is also Islamic factor that raises issue. Since Jordanian constitution recognizes Islam as a religion of state and due to historical circumstances when Islamic law dominated Jordan for centuries, it raises question: Has Islamic law influenced emergence and development of arbitration in Jordan as well as of intellectual property law? In this respect, Akhtar remarked: â€Å"there exist considerable variations in the Middle East on the incorporation and application of arbitration laws and the practice and procedure in enforcing arbitral awards, which are complicated further by the differing interaction between Sharia law and Western systems of law in each country†. Therefore, the major goal of this dissertation is to examine whether Islamic legal principles in fact had an impact on development of arbitration and intellectual property law in Jordan. It will be tested on the basis of case related to IP law decided in arbitration courts of Jordan. The importance of this topic is realized in the context of rising importance of Jordan as emerging economic and financial leader in Middle East. It is also realized due to the fact that Islamic law is a dominant system in contemporary Middle East. This dissertation consists of four parts: (i) first chapter briefly examines the basic tenets of Islamic law; (ii) second chapter briefly examines arbitration system in Jordan; (iii) third chapter briefly analyses intellectual property law in Jordan; and (iv) final chapter, an important one scrutinizes Jordanian intellectual property disputes arbitration for compliance with Islamic law. Overview Of Jordanian And Islamic Law Jordan is one of the countries in the world that inherited several features of different legislations at a time. One of the major influences was Ottoman legislation, since Jordan was under their dominancy for almost 700 years. In this respect, it can be said that it has been influence not only by Islamic law, which was the law of Ottoman empire but also by features of unique Ottoman law, which coexisted in one line with Islamic law. Legislation And Judicial System In Jordan Once Jordan became a subject of European colonization in 19 century, it inevitably embraced some features of European legislation. Yet, at present time, Jordanian legislation is surprising mixture of European and Islamic elements. The system of government in Jordan is parliamentary monarchy. Yet, it should be noted that monarchy in Jordan is almost absolute since all powers are vested in the King of Jordan who is considered to be direct descendant of Prophet Muhammad (S.A.V.) As in other countries of the world, the power in Jordan is divided into three branches, namely, legislative, executive and judicial. However, unlike other countries King may interfere within functioning of legislative power or other in order to ensure his absolute status. The constitution of Jordan openly declares Islam as the religion of state. However, upon the close examination of Jordanian legislation, one cannot call it Islamic state since it contains elements which are contrary to Islamic legal principles. Unlike Saudi constitution which declares Islam as a source of law, Jordan constitution declares Islam only as a religion of state. It is, however, not clear what it implies. Nonetheless, one can see the consequences of Islam being declared as a religion of state, in the legal system, where there is duality of courts. Jordanian courts are divided into secular and religious courts. While religious courts are not only Islamic but also ecclesial or Christian courts, which are free to decide family matters of their respective religious communities. The competence of religious courts, including Islamic, are not extended to the matters of commercial and administrative law. Therefore, matters pertaining to commercial or administrative law are decided in secular courts. Officially, Jordanian constitution declares that there are three types of courts: (i) civil courts; (ii) religious courts; and (iii) special courts. Yet, civil courts also hear criminal cases along with civil cases and cases of administrative field. Religious courts are divided into Islamic and courts of other non-Muslim communities. Both of them hear cases within scope of their competence. It is interesting that Sharia courts also hear cases which are related to the compensation of blood money where one of the parties are not Muslims. Compensation of blood-money, otherwise called diya, is one of the old features of Islamic criminal law and it is surprising that it is not in competence of secular courts but religious. The constitution does not define how special courts function, leaving this matter to the law. Yet, there are tribunals which are designed to interpret law and one of them is High Tribunal, the purpose of which to interpret constitution when required by government. It is also necessary to provide brief overview about Shari ‘a, which occupies significant position in Jordanian legislation. Sharia, otherwise called Islamic law, is one of the ancient systems of law that has been preserved since 7 century A.D. with some modifications. The sources of Sharia, according to Muslim belief, are Quran and Sunna. First being Holy Book of Islamic religion and second are traditions or precedents of Prophet of Islam. Besides, official Islamic dogma declares that Islamic jurisprudence functions according to four sources of law, Quran, Sunna, ijma and qiyas. Ijma, otherwise called consensus is being interpreted differently by four schools of Islamic law and same goes with qiyas, which is otherwise called analogy. Four schools of Islamic law that has emerged at different periods of time during first century of Islam, mainly diverge upon interpretation of major or secondary sources of Islamic law. Islamic law does not recognize freedom of contract and prohibits such elements of trade and economy as charging interest, fortuity and gambling. In order to comply with these principles, Islamic lawyers has developed certain methods and forms which would allow Muslim to operate in one or another way in business world. One of the remarkable features of new Islamic jurisprudence is creation of Islamic banking, which replaces interest with profit-and-loss sharing concept, Islamic insurance that operates in almost similar fashion and other new concepts as Islamic bonds, otherwise called sukkuk. As far as intellectual property concerned, Islamic law protects inviolability of property as well as its manifestations in different forms. The same applies to any form of intellectual property, be it trademark or invention. Arbitration in Islamic law is unique, since arbitration has been inherent to Arab culture and was called hakama. Hakams were arbitrators in ancient Arabia and judged according to Arab customs and traditions. Therefore, there is nothing new in arbitration which is not familiar to Islamic lawyers. In last century, the position of Islamic law in disputes that were decided in arbitration courts was widely ignored. It is evident from several cases. In Petroleum Development (Trucial Coasts) Ltd. V. Shaikh of Abu Dhabi, Lord Asquith, the arbitrator ironically observed: â€Å"†¦it would be fanciful to suggest that in this very primitive region there is any settled body of legal principles applicable to the construction of modern commercial instruments†. Another remark, done by arbitrator in Ruler of Qatar v. International Marine Oil Company Ltd., was bitterer and arrogant: â€Å"†¦I am satisfied that the [Islamic] law does not contain any principles which would be sufficient to interpret this particular contract†. Such excesses and bitter remarks were summed up and characterized in the following terms: â€Å"In general, the legal community throughout the Arab world is still manifesting its hostility to transnational arbitration mainly as a result of the great publicity devoted to the criticism of certain unfortunate arbitral awards rendered as of 1951 by western arbitrators who excluded, with terms of a humiliating nature, the application of the national applicable legal systems of countries like Abu Dhabi or Qatar†. It should be also noted that Jordanian legislation does not fully implement precepts of Islamic law such as prohibition of interest or insurance. There are banks and insurance companies in Jordan which operate according to Western principles of banking and insurance. The companies and banks in Jordan are free to operate in the mode they choose to be most efficient for them. There is no hindrance on the part of Jordanian government in this sense. Defining Islamic Law There is no single or unified definition of Islamic law. Various scholars offer various definitions. I shall not go into each definition offered but shall arbitrarily explicate some of them. One of the famous scholars of Islamic law, Joseph Schacht offered an interesting definition for Islamic law: â€Å"Islamic law is the epitome of the Islamic spirit, the most typical manifestation of the Islamic way of life, the kernel of Islam itself†. Goitein, it seems, offered more precise and comprehensive definition: â€Å"Islamic religion is characterised by the prominence of legal conceptions in its systems: The Sharia, or holy law, is its very essence and Fiqh, or religious jurisprudence, is its science (‘ilm) par excellence. The minute observation of many commandments is its most conspicuous practical aspect; the free fellowship of religious scholars, who do not need authorisation by any government to interpret, develop and apply its law, is its most representative body, and even purely legal sections of the Fiqh are studied as an act of worship†. These two definitions are not exhaustive but reflect true essence of Islamic law. Schachts ‘way of life and Goiteins ‘religious jurisprudence constitute what is called Shariah in Arabic. Moreover, Islamic law cannot be compared with common or continental legal systems. It is because latter do deal and embrace all areas of law, whereas Islamic law mostly deal with private law, leaving aside public law. Therefore, the claim of some countries that since their legislation is based on Shariah, their law is being regulated by divine law is not correct. The Shariah only applies to matters of private law in these countries and the public law has been imported from Western models. The majority of scholars have long been recognizing Quran as a major source of Islamic law, sometimes without examining what it stands for. It was Schacht who first suggested that Shafii, prominent Islamic jurist, paid merely lip-service to Quran as a source of law in his jurisprudential theory. Certainly, major principles of Islamic law has been deducted from Quran but it is only a major and in a number of cases, we discover that Muslim jurists are dependant or totally reliant on other sources rather than Quran without hesitation. The holy book of Islam or Muslims all over the world, Quran is believed by Muslims to have been revealed via Archangel Gabriel to Muhammad, who is regarded by Muslims as both Prophet and Messenger of God. Quran is law but law in a spiritual sense. If you ask a Muslim: What is your law (Sharia)? He or she would respond: â€Å"Quran† without realizing whether it is spiritual or actual law. For the purposes of present study, Quran is a source of law but to a limited extent since a major proportion of rules and judgments is being extracted from other sources of law and via different methods of legal reasoning. It is not however realized by ordinary Muslim as such, and even by Muslim jurist, who would suggest that sources for such rulings is Sharia and all rules, embodied in Sharia are immutable and should not be a subject of any challenge by anyone. Before turning to critical points, it is crucial to explore basics of Quran. Quran is the holy book of Islamic religion. It is said to have been revealed during 23 years, once Prophet Muhammed started his mission among Arab people. The Quran derives from the word ‘qara which denotes in Arabic, reciting or reading. It is also asserted that with a same meaning it is cited in Old Testament in Hebrew language. There are other names which are designed for Quran, such as ‘Quran al-Majid or ‘al-Quran ash-Sharif or ‘Furqan, etc. For the purpose of present study, it shall be called Quran, which is rather easy to refer and this way we shall avoid confusion. The divine legislation is said to have been established through revelation of Quran in stages as I have mentioned earlier. The modern scholars as well as classic jurists were still unsure about precise role of Quran as a source of legislation. It is not clear whether the role of Quran corresponds to the hierarchy where it has been hoisted to the primary position. In fact, Quran has never been a primary source as we understand a primacy in modern jurisprudence. Muslim jurists would often rule according to verse of Quran but not a principle or spirit that it implies. They would pay a lip-service to Quran as a source of all legislation, but in fact they would disregard those rules of Quran that should have been regarded in specific occasion. The precise role of Quran is difficult to define; it is because the primacy of Quran has been overshadowed by other sources and methods of law. Quran has always been mentioned along with Sunna, second sources of Islamic law which we shall have occasion to discuss in the next paragraph. In order to demonstrate the position of Quran as a source of law, let us look at some examples of utilization of Quran in classic Islamic jurisprudence. The Prophetic Traditions or hadith as called in Arabic form a second source of law in hierarchy of sources of Islamic law and jurisprudence. It does not only occupy this position indeed but sometimes shares dominancy with Quran. The difference that emerged between Muslim jurists and later led to establishment of schools of law was caused by diverging interpretation of Prophetic Tradition. From liberal approach of Hanafis to strict compliance of Zahiris, they all dispute on nature of Prophetic Traditions as a source of law. Sometimes their conflict went as far as one realise that it is rather absurdity than logical argument. The word ‘ijma, which is basically translated as ‘collecting or ‘assembling, in a legal sense has caused a lot of debates over its validity. It is sometimes viewed as a consensus of either jurists or Muslims in general. Some assert that it is consensus of early Muslims Companions over common postulates of faith and religion. The consensus might be reached if it is unanimously adopted in practice or ‘custom as in the case of international law. Second, consensus might be uttered in respect of certain ruling by majority of either scholars or jurists. Finally, it can be ‘e silentio support for certain opinion by majority of jurists that have the right to adjudicate their independent opinion. It is not clear from Islamic jurisprudential theory when ijma should be employed and what certain conditions are. Some jurists, Hanafi, for instance, usually in their judgments, say ‘there has been consensus on this issue or ‘question but they never clarified how and why such consensus has been reached among them. We also do not know whether we may employ ijma concept in modern context and whether it shall be binding on all Muslims or adopted by them as a constituent part of Islamic law. In Sunni jurisprudence, we know that by way of ijma, certain jurists united into groups affiliated with dominating opinion of single jurist, which later became known as ‘schools of law or ‘madhahib. It has also been asserted that ijma on common legal issues has been reached in eighth century by respective founders of ‘madhahib; there is no way to re-visit these concepts or judgments. When speaking of analogy principle in Islamic law, it is not clear whether it is absolute or not or whether it is logically applicable to all cases. The word ‘qiyas itself means ‘to compare and it is regarded as one of the major sources of Islamic law. Islamic jurists themselves stipulate four predominant conditions of analogy: The precept or practice upon which it is founded must be of common (amm) and not of special (khass) application; The cause (‘illa) of the injunction must be known and understood; The decision must be based upon either the Quran, the Sunna, or the Ijma; The decision arrived at must not be contrary to anything declared elsewhere in the Quran and Sunna. The fourth stipulation raises some concerns. As we have discussed earlier, there are a lot of contradictions between Quran and Sunna, and even within Quran and within Sunna. The jurists attempted to decide such contradictions by asserting that there cannot be hypothetically any conflicts between these sources and even within these sources; they exist and it is reality. This factor also serves as a great hindrance in deriving rules or judgments from primary sources of Islamic law. Even though these rules has been developed and elaborated by jurists; there are still a lot of controversies with application of this principle. It is caused by a different degree of application in schools of law and conflict between jurists whether such analogy might be applied when the necessity in such application is clear. Thus, for instance, it is not clear why principle of justice embodied in Quran might not be equally applied to all subjects of Islamic state, be it Muslim or non-Muslim. Normally, Islamic jurist would object saying that since Quran is only for Muslims, its injunctions are only applicable to Muslims. There is no logic which might be applied but incoherence in reasoning, sometimes leading to absurd conclusions. Concluding Remarks In present chapter, we have discussed general legal conceptions that exist in Jordanian and Islamic law. There is a big difference between them because of the nature of legislation. Islamic law is mainly religious, whereas Jordanian is secular; even though Constitution claims that Islamic is a state religion. In majority of Islamic countries, a fact that Islamic is a religion of state is merely lip-service to Islamic as a religion of people. It does not go further than that, except some countries as Iran, Pakistan and Saudi Arabia. But even legislation of these countries demonstrates how secular they are in their nature. It does not however mean that Jordan lack of Islamic legal taste; there are some aspects of Islamic law in Jordanian legislation, as we have seen previously. The matters of marriage, divorce, inheritance and religious endowment are mainly under realms of Islamic law. Yet, on the other hands, similar matters that arise with other religious communities are decided based on their respective religious law. However, the matters which are related to arbitration and intellectual property are mainly based on secular, precisely on European model based laws. Therefore, purpose of forthcoming chapters will be to examine whether they comply with Islamic law in general. Arbitration System In Jordan And Compliance With Islamic Law And Its Implications For Intellectual Property Law This chapter summarizes the current state of arbitration system in Jordan and issue of its compliance with Islamic law. It is done with purpose to acquaint readers with main aspects of these systems and legislation, so he or she has full understanding when looking through forthcoming chapters. Arbitration In Jordan The arbitration process in Jordan is being regulated by special law Law No. 31 of 2001 otherwise called Jordan Arbitration Law. It is not unique; neither has it been adopted from international law, but from Egyptian Arbitration Act No. 27 of 1994, which in turn has been adopted from UNCITRAL Model Law 1985. The law consists of 7 parts and 56 articles. It can be structured thus: (1) General provisions (Articles 1-8); (2) Arbitration agreement (Articles 9-13); (3) Arbitration tribunal (Articles 14-23); (4) Arbitration proceedings (Articles 24-35); (5) Arbitral award and termination proceedings (Articles 36-47); (6) Nullity of arbitral award (Articles 48-51); (7) Enforcement of awards (Articles 52-56). The Art. 3 makes the scope of law absolute; it extends to any arbitration proceedings in Jordan and to any cases whether they derive from contractual dispute or not. Neither does it differentiate between commercial or civil disputes; both of them are within scope of this law. The Art. 5 allows not only contracting parties to choose the arbitration procedure but also a third party which shall be able to choose such procedure. The Art. 8 explicitly prohibits the intervention by state courts; yet, it stipulates that the arbitration tribunal may ask the intervention of state courts where former needs the participation of experts, witnesses, etc. As far as arbitration agreement is concerned, Art. 9 allows only those persons, be it physical or legal, which has legal capacity, to conclude such agreement. It does not allow arbitration on matters which are on â€Å"amiable compositeaur† basis. The arbitration agreement is valid only if in writing, according to Art. 10a, yet, the form of written agreement is flexible. It can be contained in exchange of letters, faxes, etc. It has been also reaffirmed by Jordanian Court of Cassation which stated: â€Å"the arbitration clause as established should be written, clear and explicit as well, by virtue of Article 10/A of the Arbitration Law No. 31of 2001†. The law also allows parties to render their dispute to arbitration whilst in state court, in which case state court has the right to refer to arbitration tribunal and its reference shall be viewed as arbitration agreement in writing. As far as arbitration tribunal concerned, Art. 14a and b, establishes that number of arbitrators shall be odd, otherwise it is void. If there is a disagreement between parties then number of arbitrators is three. Noteworthy, the law reaffirms the independence of arbitration clause, which is according to Art. 22, is not dependent on other clause of underlying contract. The language of arbitration proceedings is Arabic but law allows the use of another language or other languages upon consent of parties, according to Art. 28a. Most importantly, Art. 17 upheld the principle of impartiality and independence of arbitrators and in elaboration of this provision Court of Cassation further held: â€Å"all arbitral procedures, in which the challenged arbitrator has participated, including the arbitral award, shall be deemed void†. These are the major aspects of arbitration law in Jordan. Besides, Jordan has also ratified the New York Convention on Recognition and Enforcement of Foreign Arbitral Awards by the virtue of Jordanian Court of Cassation, where it was remarked: â€Å"It is understood from the Article (2) of Enforcement of Foreign Judgments Law No. 8 of 1952 that the foreign arbitral award which has been enforced and ratified by the forum court , shall be enforceable in Jordan in accordance with all the clauses and requirements, and does not conflict with any of the stipulated provisions of Article (7) of the said law†. The ratification of New York Convention by Jordan should be viewed as positive development and attractive for the foreign companies who wish to deal with Jordanian companies or invest in Jordan. The same applies to IP disputes; any company which would challenge Jordanian company with the claim of breach of copyright or violation of other forms of intellectual property, are in convenience in the view of ratification of New York Convention. However, in his study of issues pertaining enforcement, Haddad critically commented: â€Å"Turning again to Jordanian Law which provides, as has just been seen, that a foreign award must be enforceable in the place in which it was issued, which means that the award should have been reduced to a judgment in the foreign country†. It implies that Jordanian legislation does not recognise validity of foreign judgement as enforceable in Jordan. But he noted that â€Å"this approach may be criticized since it may be difficult in practice or even impossible to achieve this goal in certain circumstances, particularly in institutional arbitration. In this type of arbitration, it may happen that the parties involved in the proceedings including the arbitrators, and all other relevant factors have no relation whatsoever with the place of arbitration except that the proceedings were conducted there. In such a case, the foreign court may reasonably reject to enforce the award rendered in its country, and that means that the award may not be enforced in Jordan either†. In such dubious situation, it is unclear how Jordanian legislation on arbitration would cope with this kind of problem. It seems to be paradoxical situation because award cannot be enforced either domestically or locally. It will also have some implication for enforcement of foreign arbitral awards on intellectual property rights since majority of arbitral awards may not be enforced in foreign country since its enforcement should be accomplished in Jordan because of object of dispute. In such case, it is difficult to predict how arbitration courts and moreover state courts would deal with it. Enforcement Of Foreign Arbitration Awards In Jordan One of the problems that foreign company may encounter in Jordan is the problem of enforcement of award related to IP cases in Jordan. It is clear that certain IP cases may intervene with public policy and in this regard it is nearly impossible to assert such possibility may not arise. IP legislation in Jordan being in immature position sometimes may not offer effective solutions for parties which are from different countries. In this regard, one should closely take a look at public policy issues in Jordan. According to IP legislation, certain names cannot be registered as trademarks in Jordan. However: what if the name of foreign company or brand coincides with the name trademark registration of which is illegal in Jordan? The company in this case would face difficulties in carrying out business and moreover it would face difficulties in enforcing award that has been rendered in foreign or international arbitration court. The case of Mitsubishi in U.S. showed how difficult it is to determine whether one case is subject to public policy or not. It has changed the contours of arbitrability in U.S. but the question arises: can such case have implication for Jordanian arbitration system? One can answer positively, but one would be confused when it comes to IP arbitration. IP arbitration, as it has been seen, is a difficult and complex matter. It cannot be simply adjusted as in the case of ordinary commercial arbitration. The IP legislation is diverse and this diversity may imply negative consequences for arbitration, since arbitrators should be expertise in all areas