International privacy rights a primer Essay Example | Topics and Well Written Essays - 500 words

International privacy rights a primer - Essay Example As a worker in the international work place it is increasingly important to ensure that violation of the customer or consumer information does not take place either inadvertently and most certainly not deliberately. Since privacy laws in different countries are varied, there is a need to be sensitive to each country's privacy regulations so that confidentiality of the customer's information is protected. Citizens of developed states as the United States of America and countries of the European Union are particularly sensitive to privacy. In any case, irrespective of the applicability of legal provisions, it is the duty of every employee of the establishment to ensure privacy of the information of the customer gained during professional interaction and ensure that it is in no way compromised. This is as much a moral and ethical issue as a legal one and is thus explicit company policy. Privacy is a cultural context and rights to privacy is defined in modern terms as valid claims made against unauthorized access where a subject has the right to authorize or deny access. This right is based on autonomous choice and is required to be given as a form of informed consent. An individual has the right to control information about his person and behavior. Invasion of privacy implies access to information without consent. There is increased intent and capabil

The differences in business systems in Asia and the West Essay Example for Free

The differences in business systems in Asia and the West Essay When researching the differences in business systems between Asia and the West it is very difficult to find any material that does not attribute many of these disparities to cultural influences (Davidson, 1987; Ferguson, 1993 and Blackman, 1997). This is due to the fact that it is generally believed that intercultural awareness does contribute to successfully doing business in another culture. However, establishing how and where culture affects business systems is by no means an easy question to answer and many western businesses are in fact currently trying to answer this question in order to successfully integrate into the Chinese marketplace (Dayton, 2006 and Journal of Intercultural Learning, 2006). Therefore, in this essay I will analyse exactly what role culture has in explaining the distinctions between business systems in the West and China and argue that in many cases these discrepancies are incorrectly attributed to cultural reasons when in fact these variations can be explained by using far more obvious economic causes. Harris (2006) notes the eagerness of business journalists to attribute the differences in Western and Asian business systems to cultural factors by stating: the airport newsstand best-sellers and glossy news weeklies are packed with admonishments to preserve face and build relationships and local Chinese writers have jumped on the bandwagon, poking fun at the clueless westerners blundering towards failure in China because they dont understand the local culture. Graham and Lam (2003) concur stating that Western and Chinese approaches to business often appear incompatible. Graham and Lam (2003) also believe that these differences in business systems and attitudes stem from deep cultural origins and in order for western business to successfully interact with their Chinese counterparts they must understand the cause of these differences is in fact their cultural differences. However, Maidment (2006) argues that western Multi-National Companies (MNCs) are succeeding in China because they place little value on the role of culture when conducting business in China, but rather focus solely on business issues when conducting business. Maidment (2006) states that MNCs succeed because they hire the best local talent, pay the highest salaries, and invest the most. They have no culture, no beliefs, and no  predispositions. They are machines. It does seem that too many western businesses are too concerned with recognising cultural differences in China, which often provide no explanation to the difference in business systems. Instead they should just focus on implementing successful business strategies in China, rather than becoming fixated on cultural differences (Harris, 2006 and Dayton, 2006). Recognising that China has a different culture to that of western countries is not a universal explanation to explain the differences in business systems (Baird et al, 1990). In fact, Maidment (2006) argues that traditional Chinese culture is changing so fast that no one understands it. It is therefore debatable whether or not culture plays any part in the difference in business systems, this is due to the fact that the current generation of Chinese professionals has very little in common with the previous one (Maidment, 2006). One could therefore argue that analysing cultural differences to explain the business ones carries very little weight in China (Asian Business Law, 2006). However, Maidment (2006), Harris (2006) and Dayton (2006) all concede that knowing Chinese history and culture is a benefit to conducting business in China but also state that cultural knowledge should not be solely relied upon in order to understand these differences. Given the rapid changes that are occurring in both the Chinese marketplace and Western economies it would seem that understanding the economic forces of the here and now would provide far greater insight into understanding the differences between China and the West, rather than mulling over traditional cultural influences. In contrast the Journal of Intercultural Learning (2006) when contrasting Chinese and Western businesses argues that culture shapes our values, attitudes and our behaviour. It affects the way we communicate with each other, the way we expect to lead and to follow, the way we negotiate, the way we buy and sell, and the way we work together in teams. Nevertheless such a broad statement provides little insight into which specific aspects of culture affects business systems in both Asia and the West. In order to better understand this, a contextual background is needed rather that just  providing stereotypical cultural tips, such as those that are regularly found in many business magazines. Anyone who thinks reading a few books on Chinese culture gives them the measure of the individual Chinese person with whom they are dealing is mistaken (Maidment, 2006). When examining the current differences in business systems between the West and China, differences in educational systems and levels in different localities, the rate of change, the intricacy of different systems in different locations, geographical factors and the widening gap in economic development between Chinas rich and poor provinces all affect business developments to a greater extent than any cultural factors would (Harris, 2006, Dayton, 2006, Ferguson, 1993 and Maidment, 2006). Burton and Scott (2008) do not however share such reservations when glorifying the role of culture in explaining the differences in business systems. Burton and Scott (2008) argue that the Chinese have been conducting business for thousands of years, and their system of business ethics has been shaped by the culture in which it developed — as was the business system in the West. At the centre of these differences is the fact that Chinese culture is far more relational than Western culture, and this difference is especially pronounced in business culture (Burton and Scott, 2008). Indeed, Miles (1999) also recognizes the stark differences in business relationships between the West and China and maintains that this is at the heart of potential differences between the two systems. The type of relationship and networking structure that is referred to by Burton and Scott (2008) and that is such a crucial part of conducting business in China is of course, guanxi. Despite the various definitions relating to guanxi, there appears to be a common consensus that guanxi has its own cultural base and meaning in Chinese culture (Lee, 2006 and Yang, 1994). In order for guanxi to be established between two or more people there needs to be a cultural base and many candidates for guanxi bases are unique to the Chinese culture (Chen, 2004: 308). Therefore, while social networking is important when conducting business in any country throughout the world, the type of networking referred to as guanxi appears to be  exclusively Chinese as it can not be separated from the intricacies of Chinese culture. In fact, Burton and Scott (2008) argue that because of Chinese culture, guanxi defines not only relationships but also how business is done in China. Given these circumstances an d the importance that many scholars place on the role of guanxi in explaining the difference in business systems between the West and China, it would appear that culture is the dominant factor to explain these discrepancies (Backman, 2001 and Chen, 2004). Therein however lies the problem in establishing exactly what role culture plays in explaining the difference in business systems between the West and China. While Backman (2001), Chen (2004), Burton and Scott (2008), Yang (1994) and Lee (2006) all argue that guanxi is inextricably linked to Chinese culture and that culture is the root of the differences in business systems between the West and China, Dayton (2006), Harris (2006) and Maidment (2006) contend that these universal business tips such as guanxi and preserving face are in fact not cultural specific. This is best summarized by Harris (2006) who states there is just hardwork and guanxi, which is good networking, a pretty universal essential to doing business anywhere. Good networking therefore is an interpersonal skill that needs to be used to cross many cultural divides, not just those between the West and Asia. Simply defining the different ways that Chinese businessmen interact as guanxi and attributing this to culture is far too simple, as there are many other factors rather than just culture that are the source of these differences in business systems. Furthermore, Maidment (2006) argues that understanding Chinese culture is is a lot like learning chess. The basic rules are easily memorized; responding to every situation that can arise is very, very difficult. Given the speed that the Chinese economy is moving at, businesses are often searching for answers to explain the differences in business systems and are increasingly falling back on the broad generalization that it can be explained because China simply has a different culture. The truth of the matter however is that these so called predetermined  cultural differences that are so often spouted by western business magazines have huge variations in many Asian countries, particularly China where business and cultural philosophies vary greatly among the rich and poor provinces, the educated and the uneducated and the young and old business generations (Harris, 2006, Maidment, 2006 and Dayton, 2006). Understanding Chinese history and culture is beneficial for understanding Chinas business system, however because circumstances in China change so quickly, staying abreast of Chinas current situation is far more important than knowing its past (Maidment, 2006). There is no doubting that culture does play a role in determining the differences between the business systems of the West and Asia, but all too often these cultural influences are over-exaggerated, and current regional and international economic influences more often than not dictate the differences betwee n Asia and the West. Bibliography Asian Business Law. (2006) Do The Top Ten Cultural Tips For Doing Business In China Really Help? (Online) http://asiabizlaw.blogspot.com/2006/04/do-top-ten-cultural-tips-for-doing.html Accessed [30th April 2008]. Backman, Michael (2001). Asian Eclipse: Exposing the Dark Side of Business in Asia. Singapore: John Wiley and Sons Inc. Baird, I.S., Lyles, M.A. and Wharton, R. (1990). Attitudinal differences between American and Chinese managers regarding joint venture management. Management International Review, Volume 30. Blackman, Carolyn (1997). Negotiating China: case studies and strategies. St. Leonards, NSW: Allen and Unwin. Burton, F and Scott, S. (2008). China: Guanxi and Corporate Security (Online) http://www.stratfor.com/weekly/china_guanxi_and_corporate_security [Accessed 3rd May 2008]. Chen, Xiao-Ping (2004). On the intricacies of Chinese Guanxi: A process model ofGuanxi development. (Online) http://www.iacmr.org/XP_APJM_2004_3.pdf [Accessed29th April 2008]. Daniels, Jack (2007) China is a great place to do business if you know the rules (Online) http://www.chinasuccessstories.com/2007/08/28/tips-for-doing-business-in-china [Accessed 30th April 2008]. Davidson, W.H. (1987). Creating and managing joint ventures in China. California Management Review, Volume 29. Dayton, David. (2006) Culture Wars China Law Blog (Online) http://www.chinalawblog.com/2006/05/chinese_culture_wars_truce_dec.html [Accessed 27th April 2008]. Ferguson, T. C. (1993). Joint ventures in China: when West meets East and encounters the great wall of differing management thought. Journal of Management Inquiry, Volume 2. Graham, John and Lam, Mark. (2003) Negotiating in China Harvard Business Review, Vol 81, No. 10, October, 2003. Harris, Dan. (2006) To Succeed in China Know the Now China Law Blog (Online) http://www.chinalawblog.com/2006/04/to_succeed_in_china_know_the_n.html [Accessed 27th April 2008]. Journal of Intercultural Learning. (2006) Cultural Knowledge is a Plus to Business Success (Online) http://www.interculturallearning.net/2006/05/21/cultural-knowledge-is-a-plus-to-business-success [Accessed 26th April 2008]. Lee, Joseph (2006) The Importance Of Guanxi (Relationship) When Doing Business InChina (Online) http://EzineArticles.com/?expert=Joseph_Lee [Accessed 29th April2008]. Maidment, Paul. (2006) The Real Deal on China Forbes Magazine (Online) http://www.forbes.com/columnists/2006/04/20/china-yuan-hu_cx_pm_0420notes.html [Accessed 29th April 2008]. Miles, Michael (1999) Power and Relationship: Two Elements of the Chinese/Western Divide (Online) http://www.lib.unb.ca/Texts/JCIM/bin/get.cgi?director y=vol3_1/filename=miles.htm [Accessed 2nd May 2008]. Yang, M. M. (1994). Gifts, Favors And Banquets: The Art Of Social Relationship inChina Ithaca, NY: Cornell University Press.

Problem Question on Negligence and Duty of Care

Problem Question on Negligence and Duty of Care This question is on negligence and it involves the following: duty of care; delictual liability in contractual relationship; duty owed by sellers and designers of a house to purchaser and defective design where there is no danger to health and safety. Prima facie duty of care in the law of tort arises if there is sufficient proximity between the alleged wrong doer and the wronged party, such that the wrong doer might reasonably expect that carelessness may cause damage to the wronged party. Tort law is part of civil law and deals with disputes between private parties unlike property law or contract law which form part of the criminal law. Tort law is to provide restitution from someone who owes a duty of care to another person and can be legally held liable for that injury. Negligence is the most important tort in modern law and it is essentially concerned with compensating people who have suffered damage as a result of the carelessness of others.[1] Negligence concerns breach of a legal duty, with the result that damage is caused to the claimant. Generally negligence protects against three different types of harm: personal injury; damage to property; and economic loss.[2] Tort law also known as the civil law of obligations establishes the circumstances in which a person whose interests have been harmed by another can be compensated through the civil courts.[3] A tort is simply a wrong and tort law is the law of wrong doing or perhaps of wrongs.[4] Sir Percy Winfield, saw negligence as a unifying thread for tort law, and he defined tort law as, ‘’the breach of an obligation imposed by the law’’.[5] This definition aligns both tort and crime. Sir John Salmond defines tort as a, ‘’body of rules establishing specific injuries, uncoordinated by general principles’’.[6] A more recent definition offered by Peter Birks, suggests that a tort is, ‘’the breach of a legal duty which affects the interests of an individual to a degree which the law regards as sufficient to allow that individual to complain on his or her own account rather than as a representative of society as a whole’â€℠¢.[7] Tort law is a collection of causes of action each made up of three main components namely, an interest protected by law, some conduct which the law sanctions and a remedy or sanction by which the interest is protected by the law.[8] In the famous case of Donoghue v Stevenson, Lord Atkin made a ruling which became the corner stone of modern tort law: ‘’the liability for negligence, whether you style it such or treat it as in other systems as a species of ‘culpa’, is no doubt based upon a general public sentiment of moral wrongdoing for which the offender must pay. But acts or omissions which any moral code would censure cannot in a practical world be treated so as to give a right to every person injured by them to demand relief. In this way, rules of law arise which limit the range of complainants and the extent of their remedy. The rule is that you are to love your neighbour becomes in law: you must not injure your neighbour, and the lawyer’s question: who is my neighbour? receives a restricted reply. You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. Who then in law is my neighbour? The answer seems to be persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions in question’’. [9] Lord Atkin’s neighbour’s test still remains the basis on which civil liability for negligence is measured. This test has undergone some changes but when broken down is found to consist of three elements: duty, breach and damage.[10] The question of liability for negligently constructed buildings has always caused problems. At one time the law was that the tort of negligence did not apply to a builder of defective premises, however, it is clear from case law, that the tort of negligence applies to a builder of defective building, at least where a defect causes physical injury. See Murphy v Brentwood District Council (1991) 1 AC 398. The expression builder is used in the sense of all persons involved in the construction and sale of buildings. This includes developers, builders, sub contractors, architects, surveyors, civil engineers and local authorities.[11] Parliament created a limited form of protection from builders with the Defective Premises Act 1972. Section 1 (1) of the Act relates only to dwelling houses and does not apply to commercial or industrial properties. The Section imposes on builders, sub-contractors, architects and other professional persons a three part duty that the work will be done in a workmanlike manner, proper materials will be used, and the house will be fit for human habitation.[12] Most importantly, the doctrine of privity of contract does not apply and liability is strict in that fault does not have to be proved against the builder and the duty can not be excluded.[13] The main problem with Section 1 (1) of the Act is whether it includes it includes quality defects or is limited to ensuring that the dwelling is fit for human habitation. See Andrews v Schooling (1991) 3 All ER 723 and Bayoumi v Protim Services Limited (1996) EGCS 187. In the 1970’s courts embarked on a massive extension of the builders liability in negligence. The courts created a duty of care imposed on builders and owed to foreseeable victims of their negligence.[14] As the loss to an owner occupier was economic loss, the courts sidestepped the problems this presented by framing the duty in terms of not constructing a building which was a danger to the health and safety of the occupier.[15] However from 1983, the courts started to back slide on the development they had created. The reason for this new development was that the courts frowned at allowing claims for economic loss in negligence action. The courts might also have been influenced by the rising premiums which had to be paid by anyone involved in the construction of buildings. This rise was as a result of successful actions brought under the negligence principle.[16] In the Scottish case of McLeod v Scottish Special Housing Association (1990) SLT 749, the proprietor of a house brought an action for damages against the former owner in respect of deterioration occurring to the steel clad exterior of the house several years after he had purchased the house. The claimant alleged that the deterioration was brought about as a result of design defect on improvement works carried out on the house on behalf of the former owners, before they sold the house. The case of the claimant was based on negligence in respect of the alleged defective design of the improvement works. The claimant further alleged that in the circumstances, it was proper to regard the steel skin and the insulation as separate properties. The defendants argued that the claimants claim was only for economic loss as they did not contend that these conducts had given rise to any health or safety issues to the occupant of the house or any danger to the property other than the house itself. The defendant also argued that there was no contractual term requiring that the property should meet a certain minimum standard of fitness. The Court held inter alia that the builder was liable not only for personal injuries caused by his negligence in the process of building but also for damages actually caused by such negligence to property other than negligently manufactured building, such liability not restricted to circumstances giving rise to a danger to health and safety. The Court further held that there might be circumstances in which for the purpose of the application of the relevant principle of liability, one part of a complex structure might qualify to be treated as other property in relation to another element. However, the Court found in favour of the defendant because the claimant averments of fault and loss were lacking in specification. In D and F Estates Limited v Church Commissioners for England (1988) 2 ALL ER 992, a company of builders under took construction work on a block of flats and then sub contracted the plastering work. Unfortunately, the sub contractor handled the plastering work negligently. Fifteen years later, the plaster became loose and needed replacement. The plaintiffs who were occupying a flat in the block of flats then sued the builders seeking the cost of remedial work that has already been done and the cost of future remedial work. The House of Lords held inter alia that in the absence of a contractual relationship between the parties, the cost of repairing a defect in the structure, which was discovered before the defect had caused personal injury or physical damage to other property, was not recoverable in negligence action. The cost of doing the repairs was economic loss which was not recoverable in a negligence action. The Court further held that if the plaintiff had suffered only economi c damage then such a claim lay only in contract. Damage is only recoverable in tort where a defective product causes damage or injury other than to the defective product. This decision was greeted with much controversy and it led to the introduction of the idea of complex structure. If a building is regarded as a complex structure then, damage to one part of the structure caused by a hidden defect in another part, could be treated as damage to the other property.[17] See Murphy v Brentwood District Council (1990) 2 All ER 908 and Nitrigin Eireann Teoranta v Inco Alloys Ltd (1992) 1 ALL ER 854. In Baxall Securities Limited v Sheard Walshaw Partnership (2002) EWCA Civ 09, the court held that defective gutter was a patent defect and that if the defendant had carried out any reasonable inspection; they would have been able to reveal the problem. This non inspection by Baxall negated the duty of care or at least broke the chain of causation and the architect was found not to be liable. There are all interesting and land mark cases. In McLeod’s case the court established that the builder of a house had a duty of care and therefore was liable for any damage caused by his negligence other than negligently manufactured building. The Court also established that once liability for negligence existed, the liability was not excluded because the person or whose property has been injured purchased the defective article under a contract. In the law of tort, damages are only awarded where a defective product caused damage or injury other than to the defective product itself. This was the basis of the Court’s decision in D and F Estates Limited v Church Commissioners for England. In that case, the plaster was falling off the wall and the plaintiff had only encountered economic loss. However in McLeod v Scottish Special Housing Association, the claimant was claiming that their building was a complex building and that the insulation was not part of the building and that it should be distinguished from other parts of the building. This case is different from other cases in which a structure or part of a structure has been found to be defective without any damage actually occurring to any structure or part of a structure other than the defective part it self. Finally, in my view, I do not see how, the outer skin of a building can be distinguished from other parts of the building such as an insulation system. The claimants made the claim against the defendant as designers of the insulation system, which had been inserted in a pre existing building. The claimants alleged that the insulation had damaged other structures and that it was inappropriate in the circumstances to treat the house as one unit. The insulation was installed before the claimants bought the house and they purchased the house under a contract as one unit. It will be unreal and artificial to subdivide a house in such a way that the outer skin of the building is distinguished from other parts of the building. Usually people enter in to a contract to buy or sell a house as a unit; the fact that he insulation unit or any other unit was put in place later is irrelevant, once it is in place before the contract of sale. More over houses are built piece meal by piece meal over a period of time. Bibliography Cane, P (1996) Tort Law and Economic interests, Second Edition, Oxford University Press, Oxford Cane, P (1997) The Anatomy of Tort law, Hart Publishing, Oxford Cooke, J (2007) Law of Tort, Eighth Edition, Pearson, Harlow Dugdale, A.M, Jones, M.A (2007) Clerk and Lindsell on Torts, Second Supplement to the Nineteenth Edition, Sweet and Maxwell, London Elliott, C and Quinn (2007) Tort Law, Sixth Edition, Pearson, Harlow Furmston, M (1986) The Law of Tort, Duckworth, London Harlow, C (2005) Understanding Tort Law, Third Edition, Sweet and Maxwell, London Hepple, Howarth and Matthews (2000) Tort: Cases and Materials, Butterworths, London Howarth, D (1995) Text Book on Tort, Butterworths, London Jones, M (2005) Text Book on Tort, Eighth Edition, Oxford University Pres, Oxford Kidner, R (2006) Case Book on Torts, Oxford University Press, Oxford Murphy, J (2007) Street on Torts, 12th Edition, Oxford University Press, Oxford 1 Footnotes [1] Quinn and Elliott 2007) p.16 [2] Quinn and Elliott 2007) p.16 [3] Harlow (2005) p.1 [4] Harlow (2005) p.1 [5] Harlow (2005) p.1-2 [6] Salmond and Heuston (1992) p.14 citied in Harlow (2005) p.6 [7] Birks (1995) citied in Murphy (2007) p.1 [8] Cane (1997) p.1 [9] (1932) All ER Rep1 [10] Harlow (2005) p.48 [11] Cooke (2007) p.241 [12] See section 1 (1) Defective Premises Act 1972 [13] Cooke (2007) p.242 [14] Cooke (2007) p.243 [15] Cooke (2007) p.243 [16] Cooke (2007) p.243 [17] Cooke (2007) p.244

The Rise Of Starbucks :: essays research papers

The Rise of Starbucks   Ã‚  Ã‚  Ã‚  Ã‚  The Starbucks Corporation has enjoyed phenomenal growth since its early days in 1971 as a quaint coffee shop in Seattle, Washington. The rise of Starbucks can be directly attributed to the following factors; the emphasis placed on product quality, high employee standards, and creating the perfect cup of coffee.   Ã‚  Ã‚  Ã‚  Ã‚  How a small idea became a huge business. Growing up in Brooklyn Howard Schultz had no aspirations. His only goal was to escape the struggles his working-class parents lived every day (Schultz 107).   Ã‚  Ã‚  Ã‚  Ã‚  Eventually, Schultz discovered his talent for sales, and was hired by a Swedish housewares corporation. By age 28, he was vice president in charge of sales in the United States. He has an excellent salary, a co-op apartment in New York City and was happily married. However, Schultz wasn't satisfied with all he had accomplished. He wanted to be in charge of his own destiny (107). It was then in the early 1980's that he was introduced to the company, Starbucks Coffee and Tea. Starbucks's original was modest but full of character. Schultz was immediately impressed by its charm. Importantly, he thought the coffee was wonderful (Schultz 108). He then had dinner with a friend, Jerry Baldwin owner of Starbucks and his partner, Gordon Bowker. Schultz tried to persuade Baldwin to hire him as an employee, even though it did not seem to be a logical career move. But for Schultz Starbucks held an inexplicable attraction. He soon found many reasons to get back to Seattle and visit (108). Then in the spring of 1982, Jerry and Gordon invited Schultz to meet Board member Steve Donovan. Schultz told the men what he saw for the future of the company. The partners seemed inspired by his vision. But they had decided not to hire Schultz. They felt his vision, was not what they had in mind for the company (108). Schultz still believed so much in the future of Starbucks that he couldn't except 'no'; as an answer. He then contacted Baldwin and protested that he wasn't selfishly interested in a job but it was more so about what he wanted to do for the company. Finally, Schultz had a job working at Starbucks (Schultz 109). Then, after working there for a year, he had a simple experience that changed his life. He traveled to Milan, Italy to attend an international housewares show. While, traveling he noticed a little espresso bar.

English Literature: Romanticism and Victorian

The Romantic era is the historical period of literature in which modern readers most begin to see themselves and their own conflicts and desires. As what was mentioned in the class and as what I have researched, English Romanticism in terms of literature is a shift from faith in reason to faith in the senses, feelings, and imagination; a shift from interest in urban society to an interest in the rural and natural; a shift from public, impersonal poetry to subjective poetry; and from concern with the scientific and mundane to interest in he mysterious and infinite.There are various themes on how the authors of romantic literary pieces composed their works. Those themes were based on the main idea of the revolutionary movement initiated during that time which was CHANGE. These people want to veer away from what was ordinary and stale and they came up with this radical change. I do not know if my idea regarding the themes used by romantic poets and writers is correct that is why I made further research. As I went through the research, I came up with these insights regarding the subjects used by romantic writers.Imagination ND emotion are more important than reason and formal rules; imagination is a gateway to transcendent experience and truth. Imagination was one of the keys used by romantic poets and writers to effectively stress out and reveal what they want to convey their readers. They treat imagination with high importance because it was their belief that the only way to attain the highest form of art is to use your imagination. Sometimes, some of the writers do not only rely on their â€Å"usual/ ordinary' imagination.Sometimes they use other meaner like taking addictive drugs which allows hallucination to happen. For example, Coleridge Kabul Khan was written when Coleridge was high with laudanum, a solution of opium in alcohol used for pain relief. In the last lines, â€Å"Weave a circle round him thrice, and close your eyes with holy dread, for he on hon eydew hath fed, and drunk the milk of Paradise†, he is implying that writers like him would be feared for their power to make such poems with the use of extraordinary imagination.Since change is the main idea and reason for romantic movement, having exceptional kind of imagination was one of their vital component. Romantic literature tends to emphasize a love of nature, a respect for romanticism, and a valuing of the common, â€Å"natural† man; Romantics idealize country life and believe that many of the ills of society are a result of arbitration. The Romantics inclined more on the natural aspect of the world rather than the urbanize and modernized sector because they have high respect on these entities.For example, Wordsmith's sonnet Composed upon Westminster Bridge accentuates the beauty of nature before man had touched and exploited it based on their needs. The lines â€Å"Earth has not anything to show more fair: Dull would he be soul who could pass by, A sight so touching in its majesty†¦ Show the majesty of nature. The poem stresses out the reclaiming of nature's own from what man has taken away from it. The poem also emphasizes the silence and stillness of nature which makes it great and marvelous.Change is what Romantics aim for but they did not veer away from what natural things/nature should be. They treat nature with divinity and respect. Romantics were attracted to rebellion and revolution, especially concerned with human rights, individualism, and freedom from oppression. Since change is the main reason for Romanticism to upsurge, rebellion and revolution is evident in their works. For example, Flake's The Chimney Sweeper talks about the abuse experienced by children who were chimney sweepers during that time.The lines â€Å"That thousands of sweepers, Dick, Joe, Ned and Jack, Were all of them locked up in coffins of black† shows that children who were chimney sweepers suffered a lot of harm and their only escape was dea th. Flake's work was an effective eye opener of what was happening during that time especially when it comes to child labor. Somehow, it ignites the fire of revolution but the thing about this poem was Blake ended it not with revolutionary kind of movement but with some sort of faith in God.Still, he managed to emphasize the oppression that was happening during that time which may call and did call for upheaval. There was emphasis on introspection, psychology, melancholy, and sadness. Since the Classics tend to feature the theme of mock heroic epic (which was said to be a craft and â€Å"forced†), the Romantics deviate away from it. One of the emphases of the Romantic writers' works was melancholy. For example, Wordsmith's The Solitary Reaper has a tone of mystery, loss, nostalgia and loneliness. It was shown in the lines â€Å"Some natural sorrow, loss or pain, that has been ND maybe again? . Sadness was featured on the Romantic works because it was (somehow) the inspiratio n of the writers for not all of them lived Joyfully and vibrantly. Sadness was also one of the keys for an effective Romantic literary piece. Romantics were interested in the Medieval past, the supernatural, the mystical, the â€Å"gothic,† and the exotic. These things were also featured in the Romantic works. Authors were very interested in the supernatural, the mystical, the â€Å"gothic,† and the exotic. Most of the literary pieces do contain these things. For example, ColeridgeRime of the Ancient Mariner highlighted these things. The lines â€Å"Her lips were red, her looks were free, her locks were yellow as gold: Her skin was white as leprosy. The Night-mare LIFE-IN-DEATH was she, who thick's man's blood with cold† clearly depicts a mysterious woman who appeared out of nowhere aboard in a ship which was already wrecked. These lines (and this poem) lucidly depict the mystery that the Romantic poets' aim to show the readers the beauty behind mystery and biza rre things which were part of their aim for change. II. Analysis of Romantic and Victorian PoemsVictorian period, which encompasses the optimism and progress of Englishmen, was the perpetuation of the Romantic period's success in fulfilling its aim to obtain change and transformation. Romantic period was the time where the Englishmen perpetuated movement for literature, characterized by reliance on the imagination and subjectivity of approach, freedom of thought and expression, and an idealization of nature. This was also a call for drastic difference and divergence from what was ordinary and normal. This was also a way for the authors to show the reality behind the blindness of oppression and abuse.One good example is Flake's The Chimney Sweeper. The poem encompasses the details of the truth behind child labor and the cruelty experienced by the children who were employed in this Job. One can see that the poem shows how helpless the children were and there was no escape for them but death itself. It has a tragic and melancholic mode for children who should be given the right to have a good life and a chance to study and improve their condition were exploited and deprived. Flake's approach was effective for the poem will surely catch the reader's attention and emotion regarding the focus of the poem.But even though he was successful in establishing these moods for the reader, his ending does not seem to fit the aim of Romantics for change because his ending was stated like â€Å"there would be angels who would open the coffins of these poor children and would accompany them to the Heavenly Father†. Nonetheless, the poem showed what should be changed in his society during his time and somehow, it is an eye-opener and it calls for a revolutionary change. A lot of poems during that time also embody this kind of theme. They, during their time, wanted freedom and transformation.These literary pieces were their weapon, their defense. Movements made for change during Romantic era was successful. Freedom of expression was propagated, change was established. The Englishmen had the chance to grasp the power they were aiming for. They believed they were invincible and this led them to the Victorian period. Victorian period was the period of optimism. Since the Englishmen had the power in their hands, they will do everything to maintain the power that they have. Their craving for improvement, industrialization and education was fulfilled.This is clearly en in some of the Victorian poems created during that time. Kipling Gung Din is a very good example. A lot of analysis given regarding this poem was focused on Gung Din, who was an Indian bassist or water carrier who serves water for British Soldiers. But one aspect that I saw regarding this poem was it entails the power that the Englishmen have. The poem shows that they were superior and even an Indian was very submissive to them even they were Just soldiers (disregarding the ending of the poe m wherein the soldier says mire's a better man than I am, Gung Din).All throughout the poem, Gung Din was described as a poor, low and abused slave and this also indicates that these British soldiers have the power over Gung Din and they can do whatever they want to do on Gung Din and they can ask him to serve them wherever and whenever. Although what I analyzed regarding the poem when relating it to the power and optimism that the Victorians have was negative, still, it exemplifies such. This poem also shows appearances which the Englishmen is trying to do during Victorian period. The soldiers in this poem show power and prudish, unceasing their weaknesses in use of Gung Din.

Benjamin Franklin’s Satire

Benjamin Franklin, a prominent actor of the 18th century political scene and one of Founding Fathers of the United States. Owing to his diplomatic talents, Franklin represented the interests of the colony in the British Royal Court. His interests, however, were diverse and included literature as well as writing tracts and political articles.Being aware of the necessity of nurturing tolerance to and acceptance of individuals of different cultural backgrounds in the new independent state, Franklin created a number of satirical works, dedicated to multiculturalism. In order to support his general argument in favor of the diversity policy, the author uses numerous literary techniques, including comparison/contrast, characterization and tone, which the present paper is designed to analyze.â€Å"Remarks Concerning the Savages of North America† (1784) contain a number of instances of comparison and contrast, intended as the tools o f demonstrating that the culture of Native Americans is valuable equally to the colonists’ mode of life, in spite of the distinctions: â€Å"Savages we call them, because their Manners differ from ours, which we think the Perfection of Civility, they think the same of theirs† (Franklin, at http://www. mith2. umd. edu, 2005, par. 1). As one can interpret, the author observes that the so-called savages also have their own national and cultural dignity, despite the dissimilarity of their lifestyle.In addition, the scholar implies that the cultural patterns, learned early in the childhood, are actually used as most appropriate and suitable, regardless of the existing cultural context the person enters (Wright, 1990). It needs to be noted that the author wisely approaches to the comparison of cultures and mentions such dimensions (or criteria) as the views on governance, social life, ethics and morality as well as gender roles. Thus, discussing the two perspectives on governance, the author first and foremost claims that the political power in the Native society doesn’t have the apparatus of compulsion and law enforcement.Neither has it any units of punishment. Due to the fact that the author also observes that all members of these communities are perfectly knowledgeable about their roles, freedoms and responsibilities, such units appear needless, so the author implies his positive surprise with such a microcosm, as the 19th century American society was greatly dependent upon countless regulations and thus complicated in nature, whereas the Native Americans, as one can interpret the argument, construct no weighty superstructures and simplify their political life, which is, however, described as â€Å"democratic† (Lemay, 1986, p.91). For instance, everyone, with no exceptions, is allowed to participate in councils: â€Å"Having frequent occasions to hold public Councils, they have acquired great Order and Decency in conducting them. The old Men sit in the foremost Ranks, the warriors in t he next, and the Women and children in the hindmost† (Franklin, at http://www. mith2. umd. edu, 2005, par. 3). This strict order is never violated, as opposed to the atmosphere in the British House of Commons, in which â€Å"havoc and confusion† (Wright, 1990, p.264) often act as the major components. Furthermore, the savages, as the author observes, always manage to allocate time for both job and leisure and their spiritual development is therefore never-ending, whereas it is recognized that the American institutions are â€Å"slavish and base† (Franklin, at http://www. mith2. umd. edu, 2005, par. 3) in terms of the frames of the personal freedom and spare time. Thus, the society, depicted in the tract, has the advantage of the constant self-improvement, in contrast to New England.In his sense, the writer allows his contemporaries to look at the Native community from a different angle: they are not lazy or poorly civilized, but rather treasure the value of freed om and thus avoid any institutionalizations and bureaucracies (Lemay, 1986). The final key point of comparison is ethos and social norms of politeness in the groups of the â€Å"savages†. In fact, all of them are strictly organized and extremely polite in interpersonal, social and international relations: for instance, it is unacceptable to interrupt the speaker during meetings, so everyone keeps silence.On the contrary, in the House of Commons, â€Å"scarce a Day passes without some Confusion, that makes the speaker hoarse in calling to order† (Franklin, at http://www. mith2. umd. edu, 2005, par. 4). Furthermore, the â€Å"savages† are very patient to the other religions, conversely to New English missionaries, who persistently impose Christian beliefs upon the aboriginal communities. Thus, the author implies that instead of judging the ethics of the other culture, it is necessary to correct the imperfections in the existing norms in the â€Å"civilized† society.Characterization is used in order to increase the attractiveness of the Native culture or promote it to the reasonable degree. Notably, the most important terms of characterization are capitalized, so that it is clear which qualities are emphasized (Wright, 1990): â€Å"By this means they indeed avoid Disputes, but then it becomes difficult to know their Minds, or what Impression you make upon them† (Franklin, 2005, par. 4). Therefore, one can underline the following qualities of the indigenous individuals: patience, self-control and interest in common peace.The most prominent point of characterization, used by the author, it the enthusiastic and inspiring description of their hospitality and generosity. It is clear from the writing that they provide their guests with the best facilities available, moreover, their principles ban them from attacking guests unless they behave violently. In this sense, the author implies that the visitors, in turn, not always appreciate warm welcomes, referring probably to the first encounter between colonists and the Natives, celebrated nowadays as the Thanksgiving Day.Finally, the humorous tone of particular episodes determines the absurdity of the English educational and religious programs, â€Å"kindly offered† (Wright, 1990, p. 266) to the indigenous society. One of the stories, for instance, describe the uselessness of the enlightenment (in the Western understanding) of the Natives: â€Å"Several of our Young People were formerly brought up at the college of the Northern Provinces; they were instructed in all your sciences; but when they came back to us, they were bad runners, ignorant of every means of living in the Woods†¦Ã¢â‚¬ ( Franklin, 2005, par. 3).As one can understand, the efforts towards educating the Natives without teaching them the natural life skills appears ridiculous. Another interesting narrative depicts a Swedish Minister, who tries to address the Biblical legend about the Cre ation in his lecture, but the practical and level-headed Natives respond that Eve acted unreasonably when eating apples as she could have done cider of them. Thus, the Christian mission is also fallible, as the tribes have much older and more usable religious and spiritual doctrines, which have conditioned their survival in the wilderness and supported them in their daily routines.To sum up, the use of contrast and comparison, as one can conclude from the analysis, is determined by the author’s willingness to show that the conceptual paradigm of the Native society equally deserves its existence and recognition, instead of the â€Å"Savages† label. Characterization as a technique is employed in order to create a positive emotional impression of the indigenous community as a group of hospitable, tolerant and broad-minded people.Finally, episodes of particularly humorous tone are included so that the ineptitude of the government efforts towards â€Å"civilizing† th e tribes is emphasized. Works cited Franklin, B. â€Å"Remarks Concerning the Savages of North America†. 28 June 2005, Lemay, J. The Canon of Benjamin Franklin, 1722-1776: New Attributions and Reconsiderations. Newark: University of Delaware Press, 1986. Wright, E. Benjamin Franklin: His Life as He Wrote It. Cambridge: Harvard University Press, 1990.