Intellectual Property, Ethical Dilemmas, and Alternative Dispute Resolution - Free Essay Example

Sample details Pages: 7 Words: 2070 Downloads: 3 Date added: 2019/02/20 Category Law Essay Level High school Tags: Intellectual Property Essay Did you like this example? Intellectual property issues, alternative dispute resolution, and ethical dilemmas often affect corporations in how the corporation conducts business. Such is the case of Acme, Inc., a pharmaceutical company that received a patent for an immortality drug but had no plans to market the drug per the company’s president and Beta, Inc. another drug company that copied the immortality drug with plans to market to the public at cost. Don’t waste time! Our writers will create an original "Intellectual Property, Ethical Dilemmas, and Alternative Dispute Resolution" essay for you Create order The issues in this case involved intellectual property, specifically patent law, ethical decisions on the part of both companies, and alternative dispute resolution as to how both companies can resolve the problem. In the case of Acme, Inc. and Beta, Inc. the main issue at hand is intellectual property rights and patent laws. Intellectual property gives companies rights to protect certain types of intangible personal property, such as a patent (Mayer, Warner, Siedel, Lieberman, and Martina, n.d., p. 1142). Acme was granted a patent from the United States Patent Office giving the company exclusive rights to make, use, and sell the immortality drug for a period of twenty years from the date of application (United States Patent and Trademark Office, 2015, para. 4). The type of patent issued to a company is vital in determining the legality of the intellectual property rights. Regarding Acme, the type of patent issued can be considered a utility patent which is granted to anyone who invents or discovers any composition of matter, such as the immortality drug (United States Patent and Trademark Office, 2015, para. 6). However, the patentee is solely responsible for enforcing the patent and in the case of Acme, the president chose not to pursue the patent (United States Patent and Trademark Office, 2015, para.5). In doing so, that decision opened the door for Beta, Inc. to take advantage of the law regarding intellectual property. Due to the fact Acme sat on the patent for the immorality drug and did not market it to the public, Beta was able to copy the drug and release it on the market. In this case, Beta did not apply for a patent. However, under the aspect of intellectual property, Beta could trademark the drug. Although Beta did not obtain a patent, a trademark would give the company a way to distinguish their drug from the drugs of other pharmaceutical company’s (United States Patent and Trademark Office, 2015, para.7). However, Beta could find itself in the same position as Acme as a trademark does not prevent other companies from making or selling the same drugs under a clearly, different mark (United States Patent and Trademark Office, 2015, para.8). In determining the legal aspects surrounding intellectual property rights such as patents or trademarks with the competition between Acme and Beta, caselaw plays a vital role. Acme applied for a patent for a specific drug but did not market the drug to the public. The question becomes in the case of Acme, what legal rights does Acme has regarding intellectual property and patent law? The same holds true of Beta. The company copied Acme’s drug, decided to market it to the public, but only for cost not profit. The question in the case of Beta, can Beta trademark the immortality drug under intellectual property and does patent law apply to Beta? The first aspect of caselaw both Acme and Beta must take into consideration regarding the patent or trademark of the immortality drug is the Leahy-Smith America Invents Act of 2011. Language in the Leahy-Smith America Invents Act of 2011 is very specific and can be applied to both Acme and Beta regarding patent law. The Leahy-Smith America Invents Act of 2011 blocks a patent if an invention is in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention (Bloomberg, 2018, para. 9). Acme had the patent, but did not pursue the market or sell of the invention, so does this make the patent null and void? Under Section ‘ § 291. Derived Patents of the Leahy-Smith America Invents Act of 2011, â€Å"The owner of a patent may have relief by civil action against the owner of another patent that claims the same invention and has an earlier effective filing date, if the invention claimed in such other patent was derived from the inventor of the invention claimed in the patent owned by the person seeking relief under this section (pp. 6-7). In other words, Acme could have legal remedy against Beta for copying its patented immorality drug. Another issue of intellectual property caselaw affecting Acme and Beta is trademark law. Although Beta can potentially trademark the immortality drug even with Acme having a patent, this could create legal issues. Under Title 1  § 13 (15 U.S.C.  § 1063) section a of the U S Trademark Law, â€Å"Any person who believes that he would be damaged by the registration of a mark upon the principal register, including the registration of any mark which would be likely to cause dilution by blurring or dilution by tarnishment under section 1125(c) of this title, may, upon payment of the prescribed fee, file an opposition in the Patent and Trademark Office, stating the grounds therefor, within thirty days after the publication under subsection (a) of section 1062 of this title of the mark sought to be registered† (p. 16). This section of trademark law can create a major issue for Beta in that if Beta decides to trademark the immorality drug which Acme has patent right to, Acme could file a claim with the Patent Office against Beta. In addition to legal ramifications of both companies, Acme and Beta both face ethical dilemmas. In the case of Acme, the ethical dilemma facing the business regarding the patent of the immortality drug and the president’s decision not to market the drug to the public is by keeping the drug from the public, is Acme in depriving an anti-aging cure that would benefit millions of people from dying practicing good social responsibility? The answer is no. When the president made the decision to withhold a drug that would keep millions of people from suffering from death, Acme lack of social responsibility became an ethical issue. Although the public in unaware of the immortality drug, Acme has a social responsibility to market the drug to help people. Acme needs to look at the ethical ramifications of not producing, marketing, and selling the drug. Where is its duty to its stakeholders? Acme must decide where its duty lies and by utilizing an ethical framework of utilitarianism. The utilitarianism framework is based on results. When practicing this ethical framework, Acme doe s what is right for the greater good of society (Mayer, et.al, n.d., p.). Instead of sitting on the patent, Acme must move forward with the manufacturing of the immorality drug to provide society with the ability to sustain infinite life. In the case of Beta, the ethical dilemma facing the company regarding the copying of Acme’s immortality drug and deciding to sell at cost to the public, is Beta creating an issue of supply and demand when it markets a drug that will provide society with immortality and only charge at cost? The answer is yes. When Beta basically stole Acme’s idea of the immortality drug, decided to have people pay only costs, the company not only took away profits from shareholders, but started a domino effect of supply and demand. When people learn about the new drug on the market to give them longer life, the demand for the drug will increase and supply will dwindle. In order to keep up with the supply and demand chain, Beta will have to increase the cost of manufacturing, which in turn will increase the price of the drug to the public. Beta must consider the ethical issues it will create by selling the immorality drug at cost. By utilizing the ethical framework of deontology, Beta can produce an ethical solution. Deontology is an ethical framework that helps businesses put duty first, act rationally, and give moral weight to the equality to all people (Mayer, et al, n.d., p. 43). In other words, Beta should reconsider its decision to sale the drug at cost. It has a duty to act rationally by providing equality to all people. If Beta sells the drug at cost, over time as supply diminishes, demand increases. To avoid a supply and demand crisis, Beta must choose to make a profit and at the same time keep the drug affordable. Although both Acme and Beta are facing ethical dilemmas, both companies are also facing legal issues with each other. One method Acme and Beta can solve the issue surrounding the immorality drug manufacturing by Beta and the patent Acme holds is through alternative dispute resolution. Alternative dispute resolution offers parties alternative means to litigation which can be costly and take several years to settle in court. For parties that have a dispute there are three types of ADR that can help resolve issues. ADR offers parties negotiation, arbitration, or mediation. Each form of ADR can produce positive results. However, each is different. Negotiation is usually the first step in the dispute process. This process is informal and is usually handled directly by the parties without intervention (Mayer, et al, n.d., p. 108). In the case of Acme and Beta, the possibility of negotiation working is improbable due to the severity of the issue. The next steps in the ADR process are arbi tration and mediation. Parties can choose between arbitration and mediation to get the desired outcome to resolve the issue. Alternative dispute resolution offers parties a private decision maker where the decision is quick and binding by law and holds up in court (Mayer, et al, n.d., p.109). Unlike arbitration, mediation offers no binding decision where the parties can accept the mediators recommendations or not (Mayer, et al, n.d., p.109). It would be in the best interest of Acme and Beta to choose arbitration as any decision would be binding. For example, Acme could argue that because if the patent, it has sole rights to the immorality drug, while Beta could argue that Acme chose not to use the patent and therefore it has trademark right to the drug. In this situation, arbitration is the best option. Under the Federal Arbitration Act parties in arbitration are protected with certain rights. In the case of Acme v. Beta, this act gives both parties solutions. For example, if Acme proved Beta committed fraud, an appeal may be filed if Beta was the party that was granted an award. In conclusion, Acme invented an immorality drug to which the company was granted a patent. However, the president of Acme chose not to market the drug to the public. This caused Beta, a competitor to copy the drug and market it to the public at cost. Both issues created ethical dilemmas for Acme and Beta. Acme was faced with an ethical dilemma of withholding a life-saving rug from the public and Beta was faced with creating a supply and demand scenario. However, ethical dilemmas were not the only issues facing both companies. Acme and Beta are also facing legal issues in that Acme was granted a patent and Beta copied the drug and marketed the drug because Acme failed to do so. The solution to both ethical and legal issues for Acme is to go forward with the patent, manufacture the drug, and market to the public. Regarding legality Acme’s only solution to go to arbitration with Beta. Regarding Beta, the ethical decision will be based on the outcome of arbitration. If Beta is the victor of arbitration, ethically the company must rethink selling the immorality drug at cost. References Bloomberg Law. (2018, December 3). Drug-makers head to high court for clarity on patent-Sale timing. Retrieved from https://news.bloomberglaw.com/ip-law/drugmakers-head-to-high-court-for-clarity-on-patent-sale-timing Mayer, D., Warner, D., Siedel, G. Lieberman, J., Martina, A. (n.d.) Business Law and the Legal Environment. Washington, D. C.: Saylor Foundation. Retrieved from: https://www.saylor.org/site/textbooks/BusinessLawandLegalEnvironment.pdf The Federal Arbitration Act (USA). (n.d.). Retrieved from https://sccinstitute.com/media/37104/the-federal-arbitration-act-usa.pdf U S Trademark Law-Federal Statues. (2013, November 25). Retrieved from https://www.uspto.gov/sites/default/files/trademarks/law/Trademark_Statutes.pdf United States Patent and Trademark Office. (2015, October). General information concerning patents. Retrieved from https://www.uspto.gov/patents-getting-started/general-information-concerning-patents#heading-12 USPTO. (2011, September 16). LEAHY–SMITH AMERICA INVENTS ACT. Retrieved from https://www.uspto.gov/sites/default/files/aia_implementation/20110916-pub-l112-29.pdf

A Case Against Evolution Of Public Schools - 1082 Words

A Case Against Evolution in Public Schools Evolution is the most popular theory currently taught in public high schools, and is widely accepted as a sound scientific concept to teach. However, it is equally true that many disagree with evolution and many of its concepts as an explanation of the origin of life on our planet, and it is thus my opinion that evolution should not even be taught in public science classes, as it is not scientifically sound, nor should be a part of a wide variety of concepts taught to students that that should also include intelligent design, creationism, or any other number of theories that have just as much of validity as evolution. Here, we will discuss why evolution as a scientific theory is flawed, and that†¦show more content†¦New standards pointed out about that discrepancies in a molecular evidence has challenged the evolutionary theory of common ancestry of all living things and that whether microevolution can be extrapolated to explain macro evolutionary changes is controversial.(LeBeau, 2007) In the 1900s, once disappointed by the courts, anti-evolutionists moved onto intelligent design .Basically, this concept considers the existence of what is termed irreducible complexity in nature, which can only be attributed to an intelligent designer. (Clemmitt, 2005) Intelligent design promotes idea that life is so complex could have only been created by an intelligent being (Clemmitt, 2005) Intelligent design supporters have believed that a low-key approach is in order to be more successful ,rather than simply asking educational institutions to require that intelligent design be taught. Instead, they ask only that schools teach the controversy surrounding evolution, arguing that broadening the discussion will foster critical thought. (Clemmitt, 2005) Intelligent-Design advocates claim that their ideas constitute a true scientific originality. It seems that one thing preventing Intelligent Design from qualifying as science is that it potentially explains too much .Supporters of Intelligent Design completely disagree that theology should be rethought to accommodate science. (Clemmitt, 2005) The current intelligentShow MoreRelatedThe Theory Of Evolution Or Intelligent Design1677 Words   |  7 Pagesseem to be shrouded in mystery, but in modern America two main theories have come to dominate as the explanation; either the theory of evolution or Intelligent Design. The theory of evolution was first published by Charles Darwin, a famous figure who is just as controversial in modern society as he was in his own time. He introduced the public to the theory of evolution in his book On the Origin of Species, where he proposed that new species evolve from older ones through Natural Selection, or the processRead MoreCreationism : A Theory Of Primordial History1585 Words   |  7 Pagesdebated phenomena in the history of education is that the hypothetical concept of evolution which can be considered as a theory of primordial history, moreover with the belief of creationism. Both have had an astounded impact in the framework of contemporary education should or should not be ta ught in the public classroom. Evolutionists and Creationists both have their reasons why their beliefs should be taught in the public classroom. 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Thetrial of the century brought together two famous political enemies, William Jennings Bryan, who led the anti-evolution crusade, and Clarence Darrow, who was known as the best criminal defense lawyer and evolution supporter. The author presents the history of controversy that led to the trialRead MoreShould Religious Education Be Public Schools?1719 Words   |  7 Pageshave religious education in our schools. Religion is a taboo issue and turns even more taboo when we involve children. Many oppose the teaching of region in our schools for the simple reason of separation of church and state. Another reason this is met with resistance would include all the reasons for which religion is frowned upon such as: crating division amongst people and misunderstandings. However, others argue that religious education is necessary in public schools due to the immense diversityRead MoreThe Firs t Ammendment and Dealing with the Separation of Church and State1741 Words   |  7 Pagesstate or federal governments to favor one religion over another? Government can show favoritism toward religion by displaying religious symbols in public places at taxpayer expense, by sponsoring events like Christmas concerts, caroling, by supporting the teaching of religious ideas, or even by supporting the teaching of creationism in public schools. It appears the United States government has had a history of favoring Christianity. The United States governments favoritism of ChristianityRead MorePublic Schools Should Not Be The Place For Religious Practices1601 Words   |  7 Pagesimmediately conflicts arose between religions, and their belief systems. No problems seem to arise with teaching religion to children in school until the 1900 s. That is when the courts decided religious instructions in public schools would be deemed unconstitutional. Court cases started around the country with people fighting against religious instruction in public schools, many accusing teachers of putting their beliefs in their teachings. The young, and impressionable minds of children should not beRead More Kitzmiller v. Dover Area School District Essay1635 Words   |  7 Pages In cases having to do with constitutionality, the issue of the separation of church and state arises with marked frequency. This battle, which has raged since the nation?s founding, touches the very heart of the United States public, and pits two of the countrys most important influences of public opinion against one another. Although some material containing religious content has found its way into many of the nations public schools, its inclusion stems from its contextual and historicalRead MoreEssay on Should Intelligent Design be Taught in Public Schools?1665 Words   |  7 PagesSpecies, which would introduce the seminal theory of evolution to the scientific community. Over 150 years later, the majority of scientists have come to a consensus in agreement with this theory, citing evidence in newer scientific research. In an average high school biology classroom, one may imagine an instructor that has devoted much of his life to science and a predominantly Christian class of about twenty-five students. On the topic of evolution, one of the students might ask, â€Å"Why would God haveRead MoreEdward Larsons Work Summer For The Gods1199 Words   |  5 PagesDarwin’s theory of evolution. Darwin s account of random variations, coupled with his survival-of-the-fittest selection process, posed a critical problem for many Christians who retained a teleological view of nature.† (Larson, 17) This threat to Christian spirituality sparked an anti-evolution movement in an attempt to revoke the teachings of evolution in public school systems. The Tennessee House of Representatives soon passed a statute making it illegal for any public school official to teach

Prevention and Management of Workplace Bullying †Free Samples

Question: Discuss about the Prevention and Management of Workplace Bullying. Answer: Bullying is the occupational health and safety hazard that nurses and midwives across the globe face while working in a clinical setting. bulying is marked by inappropriate behaviour that leads to major physical and emotional impacts. There is an urgent need of coming up with practical method for redressing such issues of bullying to cease them across workplace (Rodwell Demir, 2012). Speak out Midwives are to communicate with the manger or supervisor if nay challenge is faced. Reporting any issue that is related to patient safety as well as that of the midwives is crucial since they can be subjected to bullying. As per the Code of Ethics for midwives in Australia are to report any undesirable incidence in the workplace that might cause harm to the patients and self, including bullying (Code of ethics for midwives in Australia, 2012). I know my rights Midwives can take action on bullying in the workplace at the Fair Work Commission for stopping further bullying. The Commision is responsible for taking strict actions against those who engage in bullying. If there is an order from the Commission to stop bullying and there has been no change regarding this, one can contact the Fair Work Ombudsman by calling or sending an online enquiry. The two authorities to be contacted are the Australian Human Rights Commission and the state health and safety authority. The authorities can come forward to communicate with the midwives and impart education on the need of preventing bullying (fairwork.gov.au, 2017). Resilience McGowan and Karen Murray (2016) had highlighted that resilience is a process of personal development and nurses and midwives are to assist each other in this development of practical skills and knowledge so that they can better deal with the challenging work environment. Midwives are to learn from everything in their surrounding integrate the positive learning into their practice. They need to undertake a critical analysis before taking a decision. Learning from mistakes is a key aspect of professional development. Resilience aids in recovering from challenges in a swift manner. Empowering and working in collaboration Nurse and midwives are to demonstrate professional leadership, vision, guidance and advocacy to patients as well as colleagues (Code of ethics for midwives in Australia, 2012). As per the Australian Constitution, the staff must have the confidence and freedom to act in the best interests of the patients. Working in collaboration with others would ensure that there are job satisfaction and safe service provision. Nurses are to be empowered to speak about bullying by supporting them with adequate resources and maintaining their privacy as they come forward to report such incidences (Empowering a positive culture in midwifery 2012). How to identify bullies Bullying is different from discrimination taking place within the workplace. Discrimination takes place when there is an adverse action due to an individual characteristics such as gender and race (Humanrights.gov.au, 2017). Bullying, on the other hand, is a repetitive unjustified and irrational behaviour towards an individual due to which there arises a risk to the health and safety of that person within the setting (Rodwell Demir, 2012). Previous studies have indicated that about 30% of nurses and midwives have experienced bullying in their workplace (Budden et al., 2017). Policies for protection Bullying prevention strategies help the healthcare organsiations to ensure healthy and safe working conditions simultaneously of reducing expenditure on the injuries and ill health pertaining to bullying (Birks et al., 2017). A risk management approach is to be taken for the prevention of bullying. The procedure of risk management needs to abide by the Occupational Health Safety (OHS) legislation (health.nsw.gov.au, 2011). Risk controls would involve the implementation of preventative strategies and training for the elimination of bullying or minimising the risk. Organisations must ensure that the staff have the awareness of their obligations to not engage in bullying behaviour. They must promote an environment where there is no chance of bullying through taking care of own behaviour and actions. In addition, they must ensure that any information about improper staff behaviour is communicated to the entire staff. Encouraging and supporting staff to resolve conflicts and freivances b y dissemination of information and adequate training is also a strategy (Humanrights.gov.au., 2017). Equipping the staff to respond in an effective and prompt manner in relation to bullying is very important. Zero tolerance policy is to be present for lodging complaints against those who show chances of bullying. Monitoring of risk control measures is essential to essential to highlight the effectiveness of the set policies (health.nsw.gov.au, 2011). References Birks, M., Budden, L., Biedermann, N., Park, T., Chapman, Y. (2017). A rite of passage?: Bullying experiences ofnursing students in Australia.Collegian. https://dx.doi.org/10.1016/j.colegn.2017.03.005 Bullying - Prevention and Management of Workplace Bullying in NSW Health. (2011).health.nsw.gov.au. Retrieved 14 September 2017, from https://www1.health.nsw.gov.au/PDS/pages/doc.aspx?dn=PD2011_018 Bullying - Prevention and Management of Workplace Bullying in NSW Health. (2011). Budden, L. M., Birks, M., Cant, R., Bagley, T., Park, T. (2017). Australiannursing students experience of bullying and/or harassment during clinical placement.Collegian,24(2), 125-133. Code of ethics for midwives in Australia. (2012). www.midwives.org.au. Retrieved 14 September 2017, from https://www.midwives.org.au/code-ethics Empowering a positive culture in midwifery. (2012). Yorkshire and the humber local supervising authority. McGowan, J., Murray, K. (2016). Exploring resilience innursing and midwifery students: a literature review.Journal Of Advanced Nursing,72(10), 2272-2283. https://dx.doi.org/10.1111/jan.12960 Rodwell, J., Demir, D. (2012). Psychological consequences of bullying for hospital and aged care nurses.International Nursing Review,59(4), 539-546. https://dx.doi.org/10.1111/j.1466-7657.2012.01018.x Welcome to the Fair Work Ombudsman website. (2017).Fair Work Ombudsman. Retrieved 14 September 2017, from https://www.fairwork.gov.au/employee-entitlements/bullying-and-harassment#what-to-do-if-you-think-bullying-or-harassment-has-happened Workplace bullying: Violence, Harassment and Bullying Fact sheet | Australian Human Rights Commission. (2017).Humanrights.gov.au. Retrieved 14 September 2017, from https://www.humanrights.gov.au/workplace-bullying-violence-harassment-and-bullying-fact-sheet Workplace bullying: Violence, Harassment and Bullying Fact sheet | Australian Human Rights Commission. (2017).Humanrights.gov.au. Retrieved 14 September 2017, from https://www.humanrights.gov.au/workplace-bullying-violence-harassment-and-bullying-fact-sheet

The crop protection industry Essay Example

The crop protection industry Essay The AHP firm Cynamid was purchased by German based company BASF in 2000. This purchase results in a reduction of the competitive ability of AHP and increases the threat posed by BASF. Previously Monsanto had entered agreements with Cynamid in which they were able to sell glyphosphate for use in the herbicide created by Cynamid called Extreme. This increase in the products ability to provide protection is an example of Cynamids focus strategy, providing particular customers with their specific needs. BASF is a major power in the pharmaceutical organisation with many branches into different areas of research. While this draws on its resources it also provides substantial revenue for RD which is essential in the biotechnology industry. More recently BASF claims to be aiming to remain the worlds leading chemical company. (Dorothe Myer 2005) They intend to do this by helping customers and providing sustainable development. While farmers who purchase technologies may want to produce the best yields they also want their customers to be happy with their products. For this reason the strategy BASF is adopting is appropriate for achieving future profits. Monsanto focuses its business on agricultural crop growers. It exceeds in this industry and has obtained a large amount of revenue due to its creation of the Roundup herbicide. Novartis is not completely concerned with crop protection but concentrates on health products. It does not focus solely on crop protection and I dont believe they pose the most significant threat to the market share of Monsanto. BASFs firm Cynamid has developed products that directly impact Monsantos market share. We will write a custom essay sample on The crop protection industry specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on The crop protection industry specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on The crop protection industry specifically for you FOR ONLY $16.38 $13.9/page Hire Writer The organisation accumulates large revenues each year and through this revenue can spend more on RD then less successful companies. These revenues are spent over a number a more substantial area as BASF is involved in more industries then crop protection. I dont believe that they are the most significant threat to Monsanto as they have just acquired Cynamid and are not as established as some other organisations in the crop protection industry. DuPonts firm Pioneer focuses on crop protection and in the past has developed useful and profitable products using Monsantos glyphosphate ingredient. Although it has proved competitive it has used Monsantos technology to its advantage and has increased profits partly due to Monsantos patent conclusion. Pioneer is still a threat but I do not believe it is as much a threat as the established Syngenta organisation. Syngenta is another competitor of Monsanto that focuses solely on crop protection. It is a greater threat to Monsanto as it has worldwide operations with high revenues and continually innovative products. Syngenta had sales in 2004 equal to approximately US$7. 3 billion. (Syngenta 2005) It has also been granted recent court ruling that allow it to enter markets and compete with Monsanto. (Corey Gillam 2004) Syngenta is also responsible for releasing a new combination product called LOMAX which provides season long control of broadleaf weeds and grasses. (Syngenta2005) I believe Syngenta has the resources to create innovative products and threaten any thoughts of a monopoly by Monsanto. It is a well established organization with the revenue and technology to expand in the crop protection industry.

philosophy of corrections Essay Example

philosophy of corrections Essay Corrections are simply to correct the life of the defendant. Such as they chose a bad choice in the life, if the court decides theyre guilty of it they place them in a correction facility Jail/Prison thinking it will help change their life around to a more moderate, average person not being a danger to anyone or anything. Crime and penalty had gone side-by-side beforehand America was even born and the dominions were even established. One thing recognized is that even though regulations were not well instituted or documented in pen there were laws, regulations, public regulation and punishments gave down by the residents of the rea for committing deeds that went opposing the beliefs of the colonist. Punishments should vary reliant on state, state, metropolis, or dominion reliant on the communitys beliefs, faith, and state of basis generally of European descent. Punishments might scope from whippings to be locale to demise by hanging. Supplementary areas favored the stocks patio above bloodshed and leaned extra in the direction of area humiliation in were the individual who committed the offense was tarred and feathered. From here the convicted should be made to be the giggling stock of the area to discern the individual who disregarded the towns eliefs. Even though lashing and hanging sounded harsh, they were meant to control the individual and deed as a restraint to others who endangered to pursue in the convicted footsteps. We will write a custom essay sample on philosophy of corrections specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on philosophy of corrections specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on philosophy of corrections specifically for you FOR ONLY $16.38 $13.9/page Hire Writer Supplementary punishments might contain banishments from the town or span, the guillotine for committing slaughter or treason, bastinado beating the souls of the feet normally those of Asian descent, birching is beating an individual in the back alongside birch twigs. In nearly all dominions branding of the person or the people face, destroying the wheel whereas the person arms and legs hould be tied on the wheel and the executioner should break his or her legs and arms, cangue, crank and countless extra punishments should pursue and be utilized to control those who disregarded the town or areas beliefs or public law. The target of sentencing has modified melodramatically above the years. Convict sentencing across the 1700s was harsher, and encompassed the use of corporal penalty, meaning each penalty that involves infliction of pain on the human body (Foster, 2006). In the American dominions, the demise penalty came to be obtainable, but was scarcely grasped out. It was utilized for an expansive collection of offenses from slaughter to select pocketing. There were a collection of demise penalties and these were hanging, blazed at the stake, drawn and quartered, demise alongside dissection and hanging in chains. The target of the demise penalty is a combination of retribution and deterrence as there is an eye for an eye agent, and additionally, the fact that it was completed in area locations was to deter others from committing crimes. A little of the most weighty offenders were hung adjacent the locale of their offense as a class to residents of that area. The target of this sentencing was to raise the horror and dishonor of the death penalty and so deter others from committing offenses that would lead to such a punishment. The use of the demise penalty in the 1700s counseled the main aims of sentencing in the 1700s was retribution and methods in that the demise penalty was grasped out additionally evoke that there are a little restraint and denunciation aims in the sentences. Though, in present periods, these aims are additionally present but in less seeming methods in the form of punishments such as long words of imprisonment and tagging. Similarly, in the 700s fines were utilized as a penalty, displaying that there was additionally a reparative aim. The rising use of imprisonment in the 1700s might additionally perhaps display a rehabilitative target of sentencing. In todays area, there are disparate sights on the kind of penalty given for example; a shoplifter will not be disciplined by being lashed alongside chains; though the aims of sentencing seeming in the punishments given in the 1700s are yet concerning today. The finished aims of sentencing have not truly modified, but instead the punishments imitating these aims have. As one can discern the prisoner as well as he ability adjustments to change alongside society, as the change occur the prisoners inside change and vanquish them. This is how it has been and how it always will be. In the early history of corrections a Codified penalty for offenders was industrialized in the main periods of human history, one of the first recognized composed codes that enumerated disparate kinds of offenses and punishments was the Program of Hammurabi in 1750 B. C. The Code of Hammurabi was tearing into servings to cover disparate kinds of offenses and encompassed descriptions of the punishments to be imposed to offenders. The Harsh Program was industrialized in classical Greece in the seventh century B. C. E. This program delineated lawful procedures and punishments for offenders, such as stoning to demise or public mistreatment as dying. Across the Roman Empire, Ruler Justinian in 534 C. E. amassed a program, which should contain the basis for all present European law. In Rome, offenders were normally tortured, assisted as slaves or in the regal galleys. In most of Europe, forms of lawful sanctions that are acquainted nowadays did not appear till the commencing of the Middle Ages, in the 1200s. Before that time, European believed replies to offense as a confidential matter, alongside vengeance a obligation to be grasped out by the person wronged or by a relations member. Wrongs were avenged in accordance alongside the Lex Talionis, or law of retaliation. In the middle periods, the European worldly regulation was coordinated according to the outdated system. Death, torture and corporal penalty were spread practices at this time. Across the middle periods, the Church, as the dominant communal association maintained its own arrangement of ecclesiastical punishments that made a great encounter on area as a whole. Exceptionally across the Inquisition of the 1300s and 1400s, the church zealously disciplined those that disregarded its laws. At this period, it provided refuge from worldly prosecution to people who might claim benefit of clergy. In period, benefit of clergy was spread to all literate people. Five punishments were public in Europe beforehand the 1770s: Galley slavery, imprisonment, transportation, corporal penalty and death. Galley slavery was utilized as the periods of classical Greece and the Roman Empire and was not properly abolished in Europe till the mid-1770s (Ives, 1970). Prior to the 1800s, imprisonment was utilized for the short-term custody of offenders awaiting examination or those industrialized the early house of corrections in Europe in 1553. Houses of corrections were a blend amid workhouse and poorhouse in whereas inmates were harshly disciplined and compelled to work (Clear et al. , 2006; Allen Simonsen, 2001). Transportation was additionally a public exercise in European states as they hold dominions all above the world. For instance, Australia was industrialized as a British penal dominion as well as Tasmania and supplementary locations. The American dominions were one more point of destination for British convicts (Spierenburg, 1995). Later the American Revolution, England had to halt transporting prisoners to America. As British prisons came to be overcrowded, a colossal number of convicts were assigned to deserted ships†hulks†placed on the stream Thames (Allen Simonsen, 2001). As area penalty was believed a good restraint for offenders, corporal penalty and demise were extremely spread in European countries. As such, torture, mutilation and demise were extremely prominent in Great Britain from the ixteenth to the eighteenth century. With the Enlightenment, a change in penal believed transpired in Europe. In 1764, Cesare Beccaria wrote An Essay on Offenses and Punishments, in that he supported for a profound reformation of penology believed, administration of fairness and punishment. Beccaria (1764) clashed that punishments ought to fit the offense and ought to be precise, quick and severe. In supplement, Beccaria (1764) trusted that regulations should be composed and legal prudence ought to be limited. Jeremy Bentham was one of the managing reformers for British convict law. Bentham supported for a arrangement of graduated punishments to make a system were penalty and offense were equal. Instituted on his believed that humans are hedonistic, the aim of humans is to maximize pleasure as minimizing pain; Bentham trusted that punishments were the best restraint for crime. Bentham was not in favor of the demise penalty but did like the believed of incarceration and area humiliation. John Howard is recognized as one of the main proponents of prison improvements on the past of penology. Howard voyaged extensively all above Europe to examine Jails and prisons. In 1777, he described his indings and his counseled improvements in his State of Prisons. Howard (1777) supported for safeguard and sanitary abilities, inspection and a reformatory regime. As America was a British dominion, settlers lived below the British laws. At this period, punishments were cruel and relied deeply on corporal punishment and demise as incarceration was not an spread exercise. In 1682, Pennsylvania adopted The Outstanding LaW promulgated by English Quaker William Penn. The Outstanding Regulation was quite humane and emphasized on hard labor as extra competent penalty than death. As such, merely premeditated slaughter was ndictable by demise The Outstanding Regulation was in power till it was substituted by the Anglican Program in 1718; an extremely punitive code. The Anglican Program tabulated disparate corporal punishments (e. . mutilation and branding) and thirteen capital offenses Later the American Revolution, the thoughts of the Enlightment obtained momentum. With the thoughts of Beccaria and Bentham and the Statement of Independence, a new penal arrangement was industrialized As such, reformers clashed that Americans had to move away from barbarism and punitive measures of penalty and embrace a extra rational and hum anistic way to ome to be very prominent in Philadelphia as hey industrialized the Area for the Alleviating the Miseries of Area Prisoners in 1787 below the association of Benjamin Rush. The Philadelphia Walnut Road Jail was crafted to imitate the Quaker believed of penitentiary -a locale whereas prisoners might imitate on their offenses and become penitent and therefore experience reformation. Inmates were categorized by their offenses; Weighty offenders were allocated in solitary imprisonment without labor, as supplementary offenders worked across the date Jointly in silence and were confined separately at night. Later the Walnut Road Jail came to be extremely overcrowded, two new prisons were crafted in Pittsburg and Philadelphia, that marked the progress of a penitentiary arrangement established in confinement. In distinct imprisonment, prisoners were grasped in isolation alongside all hobbies grasped in their cells. The Pennsylvania arrangement of distinct imprisonment came into attack due to harsh punishments and prisoners paining mental breakdowns due to isolation. The New York Penitentiary at Auburn was established on the congregate system. Below this arrangement, inmates worked in workshops across the date and hey were retained a portion across the evening time. Elam Lynds, the warden at Auburn, instituted a law of control that included the lockstep and wearing stripped uniforms. Lynds additionally utilized the contract labor arrangement, in that inmates worked for free for confidential employers who endowed raw materials utilized to make products in the penitentiary. By the mid-1800s reformers had come to be disenchanted alongside the penitentiary model. Neither the Pennsylvania arrangement nor the Auburn system attained the anticipated aim of rehabilitation and deterrence. Thus, penitentiaries came to be quickly overcrowded, understaffed, nd brutality was much extended. In 1865, The New York Prison Association provided Enoch Wines and Theodore Dwight the task of surveying prisons nationwide. Wines and Dwight discovered that reformation was not the main aim of countless prisons and that corporal penalty was an spread exercise In 1870, Wines and supplementary penal specialists led an encounter in Cincinnati. From this encounter, a statement of principles was developed. Amid these principles were the demand to use a association of prisoners, indeterminate sentencing and reformation. The ultimate aim of these reformers was the reformation of inmates. The Early reformatory was crafted in Elmira, New York. Zebulon Brockway was appointed superintendent. Brockway was a large advocate of diagnosis and treatment. He emphasized education and training to delight inmates, who were interviewed to comprehend the reasons of their deviance In supplement, Brockway utilized a mark arrangement of association, indeterminate sentencing and parole. Brockway receded in 1900 (Rothman, 1995). The thoughts of Wines, Brockway and supplementary penal reformers considerably contributed to the progress of present American corrections by introducing thoughts uch as inmate association, rehabilitative plans, sentencing, parole and educational plans The early two decades of the twentieth century embodied a drastic change on the communal landscape of America. Industrialization, urbanization and technological and logical advancement revolutionized the American society. At this period, the progressives†upper-class philanthropists†believed that they might resolve most communal setbacks derived from quick urbanization in big rehabilitated across individualized treatment The progressives were deeply affected by the positivist school of criminology Positivists trusted that convict deeds is not a roduct of free will; it is product of biological characteristics, psychological and a little sociological conditions. As such, convicts can be treated (See Lombroso, 1876). The progressives wanted to (1) enhance the conditions of living of little spans whereas criminality was prominent, and (2) reinstate offenders. The progressives pursued governmental deed to enhance the living conditions of the poor as a method to battle crime. Their strategies encompassed larger area health, area housing and education. By the 1920s, the progressives were prosperous on requesting probation, indeterminate sentencing, parole and Juvenile courts. Even though these strategies were counseled at the 1870 Cincinnati encounter, the progressives were instrumental on requesting them across the United States. The medical model of corrections was based on the belief that criminal behavior is caused by social, psychological, or biological deficiencies that require treatment. Based on the progressive movement, the medical model was implemented in the 1930s. One of the main proponents of the medical model was Howard Hill who designed the Norfolk State Prison in Massachusetts in 1927. Gill staffed his prison with educators, psychologists and ocial workers to provide individualized treatment to inmates. In 1929, Congress authorized the new Federal Bureau of Prisons under the leadership of Stanford Bates, to develop institutions with treatment as the main goal. Bates was a strong advocate of the medical model. The 1950s is known as the era of treatment in American Corrections. Punishment was perceived as an obsolete way to deal with offenders and treatment took a central role in penology. To this extent, prison became mental health institutions were inmates were continuously tested for their readiness to reenter society. After World War II, psychiatry was used as a tool to rehabilitate offenders. As such, group counseling, behavior modification techniques, psychotherapy and individual counseling were common ways to treat inmates. Marylands Patuxent Institution was one of the best examples of a prison built according to the principles of the medical model. During the 1960s and 1970s, the American society experienced many changes due in part to the civil rights movement, the war on poverty and the Warren Court. Contrary to the medical model, the community corrections model advocated for the reintegration of the offender into society. Proponents of the community model proposed that psychological treatment should be substituted for vocational and educational programs that helped inmates to become successful citizens. Due to rising crime rates, in the mid-1970s, critics of the rehabilitation model attacked indeterminate sentencing and parole urging release not to be linked to treatment. Proponents of increased crime control called for longer sentences particularly for habitual and violent offenders. Robert Martinson surveyed 231 treatment plans in the United States and, in 1974, he published a report shouted What works? Inquiries and Answers on Prison Reform. In his report, Martinson finished that, except for insufficient plans, rehabilitation did not have each affirmative result on recidivism. The Martinson report was utilized by officials to apply a get tough philosophy on penology. As such, in the 1980s and 1990s, the new crime ideal supported for the use of incarceration and severe supervisions well as (and yet are) at that time. References Foster, B. (2006). Corrections: The Fundamentals. Upper Saddle River, NJ: Pearson Prentice Hall. Whyte, A. , Baker, J. (2000, May 8). Prison Labor on the Rise in U. S.. Retrieved from http://www. wsws. org Visher, C. A. 1987. Incapacitation and Crime Control: Does a Lock Em Up Strategy Reduce Crime? Justice Quarterly 4:413-543. Foster, B. (2006). Corrections:The Fundamentals. Upper Saddle River, NJ: Pearson. Lambert, T, A brief history of punishment. , NJ: Stukin, Stacie. Violated Vibe Monthly January 2004: 100-104. Kosof, Anna. Prison Life: The Crisis Today. New York: Franklin Watts, A Division of Grolier Publishing, 1995. Prison, Microsoft Encarta Online Encyclopedia 2003. Available. http:// encarta. msn. com. copyrighted 1997-2003. http://www. drtomoconnor. com/ 1050/10501ect01 . htm Adler, F. , Mueller, G. O. , Laufer. W. S. (2006). Criminal Justice An introduction 4th Ed Ezorsky, G. (1977). Philosophical Perspectives on Punishment Mays, G. L. Winfree, L. (2009). Essentials of corrections. Belmont, CA: Wadsworth Schmalleger, F. Smykla, 1. 0. (2011). Corrections in the 21st century. New York, N. Y. McGraw Hill Seigel, L. J. Bartollas, C. (2011). Corrections Today. Belmont, CA: Wadsworth David K. Haasenritter, Military Correctional System: An Overview, Corrections Today, 65, No. 7 (December 2003), 58-61. J. W. Roberts, Federal Bureau of Prisons: Its Mission, Its History, and Its Partnership with Probation and Pretrial Services, Federal Probation, 1, No. (March 1997), 53-57. Paul W. Keve, Prisons and the American Conscience: A History of U. S. Federal Corrections (Carbondale, IL: Southern Illinois University Press, 1991). The American Prison: From the Beginning A Pictorial History, (College Park, MD: The American Correctional Association, 1983). Normal Morris and David J. Rothman, Editors, The Oxford History of the Prison: The Practice of Punishment in Western Society (New York, NY: Oxford University Press, 1995). Richard P. Setter, Correctional Administration: Integrating Theory and Practice (Upper Saddle River, NJ: Prentice Hall, 2002). Federal Bureau of Prisons, Legal Resource Guide to the Federal Bureau of Prisons 2003 (Washington, DC: US Dept. Justice, 2003). Joseph Summerill, Reforming Prison Contracting: An Examination of Federal Private Prison Contracts, Corrections Today, 64, No. 7 (December 2002), 100-103. David K. (December 2003), 58-61. Gregory J. Stroebel and John l. Hawthorne Ill, Marine Corps Corrections Similar But Not Identical to Civilian Corrections, Corrections Today, 65, No. 7 (December 2003), 62-64. Michele D. Buisch, High-Level Security Inmates, Corrections Compendium, 28, No. 9 (September 2003), 9-28.

Photography Jimmy Nelsons Piece of Art

Photography Jimmy Nelsons Piece of Art Introduction The subject of this analytical paper is a photograph of a warrior from a tribe in East Africa, the Maasai, which photographer Jimmy Nelson took as part of his collection of photographs in the book, Before They Pass Away. The photograph, which features on the book’s cover, possesses certain features that make it stand out. This analysis reveals details on the features and it aims at creating a better understanding of the photograph.Advertising We will write a custom term paper sample on Photography: Jimmy Nelson’s Piece of Art specifically for you for only $16.05 $11/page Learn More Photograph by Jimmy Nelson Subject The main theme in this photograph is culture. According to Nelson, the Maasai are part of the few tribes in the world that are quickly fading due to civilization and the increasing need for the world to form a global community (453). The author mentions uniqueness as one of the merits of maintaining a culture and he ex presses his fear that such singularity is quickly fading for most cultures around the world. Therefore, he undertook the task of highlighting some of the tribes that still exhibit unique cultural traits in every aspect of their lives including mode of dressing, language, food, and religion (Nelson 453). In the picture, the man’s attire, demeanor, and environment attract the audience’s immediate attention. Nelson’s description of the man in the picture as a warrior is evident from the tools he holds in his hands. The man clutches a spear in his left hand and a shield on his right. The long cloth wrapped around his body is also unique given that most people prefer modern clothing such as shirts and trousers to a plain sheet of cloth. The design in which the cloth falls around his body is intricate and attractive. Although the human figure forms the key feature in the photograph, the background, according to Nelson (454), forms part of the warrior’s culture and is thus relevant when conducting an analysis. He explains that the Maasai tribe is nomadic in nature and it often roams expansive lands in search of pasture (454). The expansive arid land that forms the background, thus serves to complete the picture and create a holistic view of the tribe’s cultural practices.Advertising Looking for term paper on art and design? Let's see if we can help you! Get your first paper with 15% OFF Learn More Medium A medium describes the material in which a work of art exists and materials that an artist uses in its creation. For instance, for paintings, the term medium refers to types of paint that artists use to generate their works as well as the surface on which they display such works. Some artists prefer oil paintings while others opt for acrylics (Kemp 56). The same principle of description applies to drawings, photographs, and other forms of art requiring description. The portrait that forms the subject of discu ssion currently exists in print in the author’s book and in softcopy over the Internet for easy access and better distribution to a global audience. The softcopy version allows audiences to print the image as part of their personal collection or store it as an e-file in their computer databases for future reference. The photograph is the result of a project that Nelson undertook in the year 2009 using a 45 field plate camera, which uses film to store images. His camera, which is more than fifty years old, generates images with a higher resolution since the image does not require resizing in order to increase its surface area during the printing process. Although the camera is not presently a common choice for professional photographers today, the few that appreciate its advantages brand it a valuable tool. For instance, the makers of the camera specifically designed it to solve depth of field problems using the Scheimplug principle. The camera’s features allow the fron t and the back to move accordingly to achieve the photographer’s desired position using shifting movements up, down, sideways, and tilting movements that go out of parallel. The use of this feature is evident in the photograph and notable in the depth difference between the foreground and background. It creates a realistic three-dimensional feel to the features in the portrait . Form In art, form is the part of a formal analysis that incorporates depth, width, and height as the result of interactions between lines, shapes, texture, color, space, and light among other elements. Although the piece of art in question for this analysis is not a painting or drawing, the same principles apply when conducting such analysis (Andrews and Langford 71). For instance, the horizon in the background forms a horizontal line that creates a sense of stability and calmness in the picture. It also draws the observer’s attention to the center of the portrait coupled with facilitating a v iew of every element that the photographer included in his masterpiece. The warrior, the rocks, and the trees under him create vertical linear movement that evokes a sense of depth in the portrait, which is necessary in three-dimensional images. The presence of light and darkness in different sections of the portraits generate texture (Gurney 44) and bring out the roughness in the shrubs and smoothness of the warrior’s skin and clothes.Advertising We will write a custom term paper sample on Photography: Jimmy Nelson’s Piece of Art specifically for you for only $16.05 $11/page Learn More In art, color conveys various messages regardless of whether they come from the subject or the artist. One of the uses of color is drawing attention to certain aspects of the subject (Gurney 62). In this case, the warrior’s outfit and shield draw attention to him and separate him from the rest of the elements in the portrait. Red signifies boldness and b eauty, both of which form messages that Nelson wanted to convey. The â€Å"use of negative space in the photograph is indicative of the expansive environments† (Winters 29) in which the Maasai community lives in, while the harshness of the terrain brings out some of the hardships that the community faces. The fact that Nelson took the photograph in the community’s natural environment brings out a realistic perspective of the community’s culture through the photographer’s eyes. Content According to Jimmy Nelson, the photograph exhibits the culture of the Maasai community in their natural environment, without the interference of civilization. In his opinion, the culture of the Maasai community is one of the few left in the world that remains untainted by influences from other cultures or altered by civilization. In his book, Nelson notes that although the culture has managed to remain intact for centuries, the community might find it difficult to maintain t he status quo for much longer, thus igniting his need to document the present situation before such change occurs (453). In the book, some of the unique traits that the author noted from his short stay with the community include the mode of dressing the warrior showcases in the photograph, the nomadic way of life that the society ascribes to, strict adherence to religion, and traditional gender roles as well as a nomadic lifestyle involving survival on cattle. Historical context Jimmy Nelson took the photograph in November 2010 while on his three-year journey to document the cultures of vanishing tribes around the world that he considered unique and interesting. Nelson’s aim was to document the cultures before they changed due various reasons including increasing populations and the need to adopt practices common in civilization (Nelson 209). In the book, Nelson explains that the Maasai tribe is indigenous to East African countries of Kenya and Tanzania, and they practice a c ulture, which is passed on from one generation to another since the fifteenth century.Advertising Looking for term paper on art and design? Let's see if we can help you! Get your first paper with 15% OFF Learn More They live in remote areas away from towns and they practice a nomadic way of life. He states that the tribe depends on cattle for all its dietary needs through consumption of meat, milk, and sometimes blood (Nelson 455). Their attire entails sheets of cloth of different colors depending on the occasion, which are often bright. The men serve as the guardians and providers of the community while the women take on the role of homemakers. The community allows its male members to have as many wives as they can afford to support, thus creating a hierarchy for the wives in the homestead where the first wife holds the most power and control over the running of the home. Boys learn their role as warriors of the community from a young age while girls learn the art of kraal construction and home management from the women folk. The official rite of passage from childhood to adulthood involves circumcision for both genders (Nelson 460). However, the author notes that female circumcision is illeg al in both Kenya and Tanzania. Some of the elements of this culture visible in the portrait include the community’s mode of dressing, the environment in which they live in, and the role that male members play in society. Style The photograph exhibits a modern style with classical aspects owing to the equipment that the photographer chose for the project. This aspect creates a unique style that adds to the beauty and peculiar nature of the photograph, thus separating it from most modern works. The modern aspect of the photographs is visible in the composition, while the classical aspect is evident in the hues of the photograph. Andrews, Philip, and Michael Langford. Langford’s Starting Photography: The Guide to  Creating Great Images, Oxford: Focal Press, 2008. Print. Gurney, James. Color and Light: A Guide for the Realistic Painter, Kansas: Andrew McMeel Publishing, 2010. Print. Kemp, Linda. Simplifying Design and Color for Artists: Positive results using negative  painting techniques, Rohnert Park: North Light Books, 2013. Print. Nelson, Jimmy. Before They Pass Away, New York: teNeues Publishing, 2013. Print. Winters, Dan. Road to Seeing, San Francisco: New Riders, 2014. Print.

Ventilation-Perfusion Assignment Example | Topics and Well Written Essays - 500 words

Ventilation-Perfusion - Assignment Example Several factors affect resting metabolic rate and some include body mass, body composition, age, gender amongst others. For example, men usually demonstrate a higher absolute resting metabolic rate as compared to women (Connolly et al 196-201). When one is active, the body burns more calories than during rest. Various levels of physical activity such as walking, swimming decrease body weight by burning calories. Such activities also increase Basal Metabolic rates by building extra lean tissue (Connolly et al 196-201). On the other hand, maximum level of activity increases the metabolic rate and hence leads to proper maintenance of body weight. During rest, the alveolar change is minimal. However, during active or highly active period such as exercise and other conditions, alveolar pressure changes are high. Such a person is said to be on positive pressure ventilation. This may lead to a situation where alveolar pressure exceeds vascular pressure, and this may be detrimental to the flow of blood (Osborne 2). Usually, pulmonary pressure is high during exercise to avoid any hindrance that may occur to the blood flow (Osborne 3). Alveolar partial pressure of oxygen is a function of the ratio of ventilation to perfusion (Osborne 3). In a normal situation, the blood in the pulmonary capillaries equilibrates with alveolar oxygen pressure and carbon dioxide pressure (Osborne 4). The great ventilation and perfusion at the base of the lung allows greater gas exchange at the base of the lungs (Osborne 4). Therefore, such an arrangement allows adequate gas exchange, unless a disease occurs to disrupt it (Osborne 4). On the other hand , if regional hypoxia occurs that leads to reduced oxygenation of alveolus, local pulmonary vasoconstriction takes precedence (Osborne 4). The supply of blood to less oxygenated alveolus is reduced and directed to areas with an adequate supply of oxygen. These rates are able to maintain sufficient

Critically evaluate the statement that the objective of portfolio Essay - 1

Critically evaluate the statement that the objective of portfolio investment is to minimise risk with examples, and discuss the differences between systematic and unsystematic risk - Essay Example Unsystematic risk on the other hand is specific to a particular industry and can only b controlled through proper diversification or portfolio management strategy. The following pages describes the two types of risks and critically analyzes the statement that objective of portfolio diversification is to minimize risk. Systematic risks are the macro risk and affect all sectors and all industries in a market (Back, 2010). This risk cannot be minimized by an investor through portfolio diversification. From the company’s view point this risk cannot be controlled by the company. This type of risk is both unavoidable and impossible to predict (An, 2007). Such type of risk is impossible for the company to control. Another type of risk is the unsystematic risk. Systematic risks are the risks that arise due to the influence of external factors that are beyond the control of an organization (Chance and Brooks, 2015). Since these types of risks are beyond the control of an organization so these risks do not affect a particular organization but affects all types of organization that are present in the market. The organization cannot plan in advance for such type of risks. Such types of risks are macro in nature and have its impact across the market spectrum irrespective of the industry or sector types (Fouque and Langsam, 2013). The systematic risks can be of various types and can be further subdivided into Interest rate risks, Purchasing power risk and Market risk. Interest rate risk: Interest rate risk is mainly associated with debt instruments and refers to the variability of interest rates from time to time. Interest rate risks can be further subdivided into price risk and reinvestment rate risk (Gai, 2013). Price risk as the name suggests is the risk that is associated with the probable fall in the price of shares or any other commodity in the future. Reinvestment risk is the risk that is

Misconceptions in Science Essay Example | Topics and Well Written Essays - 1000 words

Misconceptions in Science - Essay Example Most cardboard boxes would start out floating, but the porous nature of the cardboard would allow the water to swamp the voids, changing the density of the overall structure. The cardboard would become waterlogged and sink. A marble would sink because the density of the marble relative to the amount of displaced water would be too great. The surface area of the marble and the surface tension of the water would not create a ratio conducive to buoyancy. An orange is able to float because the orange rind is a low-density material. The makeup of an orange rind provides buoyancy for the orange. It is interesting to note that if an orange is pealed from the rind and placed in a bucket of water, it will not flood because the removal of the orange rind has altered the overall density of the object. One common misconception children have about objects sinking or floating is inked to the weight of the object. Many children think that heavy things sink and light things float. We know that this is not true. The density of the object relative to the density of the water is the determining factor in whether something sinks or floats. A misunderstanding of force also causes this misconception. Students reason that something heavy pushed down on the water harder than something light. If it floats, the water is pushing up hard enough to support it, but if it sinks the water is not strong enough to support it. Students need to understand the water doesn’t push up against the object. The determining factor is the relationship between water density and object density. Another misconception many students have is that small items will float more easily than large items. This is closely related to the idea of weight being a determining factor and shows a misunderstanding of density as well. Many young elementary children do not understand the differences between density and weight. For example,

Phosphonium Vermiculites Dispertion: Polymethylmethacrylate

Phosphonium Vermiculites Dispertion: Polymethylmethacrylate Ultraphonic in situ polymerization improves the dispersion of phosphonium vermiculites in polymethylmethacrylate with excellent mechanical property Bin Zhang1, Dingfeng Xu1, Shaozao Tan1,*, Langhuan Huang1, Xiang Cai2, Ting Wu2,*Abstract In order to improve the dispersion of phosphonium vermiculites (OVMT) in polymethylmethacrylate (PMMA), the ultraphonic in situ polymerization method was introduced, and a series of OVMT-PMMA (PBTP) nanocomposites were successfully prepared. The results indicated that the assistance of ultraphonic could increase the interfacial interactions between OVMT and PMMA, thus the particles of OVMT dispersed better in the PMMA matrix with a highly exfoliated structure. In addition, the obtained PBTP nanocomposites showed better mechanical properties than those prepared without ultraphonic, suggesting the great potential of ultraphonic in situ polymerization in the synthesis of polymer/clay nanocomposites. Keywords: phosphonium vermiculite; polymethylmethacrylate; ultraphonic; in situ polymerization; dispersion 1. Introduction In the past decades, polymer/clay nanocomposites have attracted much attention of chemists [1-3], because the additions of these layered silicates exhibited significant improvements in mechanical and thermal properties of polymers with very low amount of loading [4,5]. Until now, three main methods have been considered for the synthesis of polymer/clay composites: melt blending, solvent exfoliation and in situ polymerization [6]. Compared with other methods,in situ polymerization is more efà ¯Ã‚ ¬Ã‚ cient and environmentally friendly [7]. Nevertheless, the dispersed efficiency of clay in polymer matrix is unsatisfactory, leading to limited improvements in the properties of polymers. Thus, it is necessary to modify the surfaces of pristine clays and introduce other synthesis methods, which can overcome the shortcomings [8]. In this paper, we reported a highly effective synthesis method of phosphonium vermiculites/polymethylmethacrylate (PBTP) nanocomposites by ultraphonic in situ po lymerization. Then, the excellent dispersion of the phosphonium vermiculites (OVMT) in polymethylmethacrylate (PMMA) was displayed, and the resulting effects on the properties of PBPT nanocomposites were also demonstrated. 2. Experimental sections 2.1 Materials Benzyltriphenylphosphonium (BTP) of C.R. grade was supplied by Qingte Chemical Industry Co., Ltd. Vermiculite (VMT) with cation-exchanger capacity of 135 mmol/100 g was purchased from Hebei Lingshou Micro-mineral Co. Ltc. Polymethylmethacrylate (PMMA) and 2,2-azobis isobutyronitrile (AIBN) were supplied from Sinopharm Chemical Reagent Co. Ltd. 2.2 Preparation of OVMT 60 g VMT was dispersed in 300 ml deionized water, to which 120 mmol BTP was slowly added. Then the mixture was stirred vigorously at 80  ºC for 10 h. The resulting product was washed with deionized water for three times. After dried at 80  ºC under vacuum and gathered with 300 mesh sieve, the OVMT were obtained. 2.3 Synthesis of PBTP nanocomposites 1 wt.%, 3 wt.% and 5 wt.% OVMT were respectively dispersed in methyl methacrylate with 0.2 wt.% of AIBN. After stirred at 25  °C for 0.5 h, the suspension was polymerized in a water bath at 80  °C for 2 h with the help of ultraphonic. Then, the suspension was followed with post polymerization at 35  °C for 20 h and at 105  °C for at least 2 h orderly to get PBTP nanocomposites. The resulting PBTP nanocomposites were designated as PBTP-S1, PBTP-S2 and PBTP-S3, respectively. For comparison, the PBTP nanocomposites prepared without ultraphonic were designated as PBTP-1, PBTP-2 and PBTP-3, respectively. 2.4. Characterizations Fourier transform infrared spectra (FTIR) were measured with the Perkin-Elmer-Spectrum GX-Spectrophotometer. X-Ray Diffraction (XRD) patterns were recorded on a Rigaku D/Max 1200 X-ray Diffractometer (40 kV, 40 mA, Cu KÃŽ ±,) with a scan speed of 2 º /min. The microstructures were investigated by transmission electron microscope (TEM, Philips Tecnai 10, Nederland). Mechanical properties were conducted following ASTM D638M-91a with a Universal Testing Machine (LLOYD LR100K). 3. Results and discussion In the FTIR spectrum of VMT (Figure 1a), the broad band near 3620 cm-1 was due to -OH stretching mode of interlayer water, while the absorption peak in the region of 1662 cm-1 was attributed to -OH bending mode of adsorbed water. The bands at 1030 and 460 cm-1 were attributed to stretching vibration and bending vibration of Si-O, respectively. In the FTIR spectrsum of OVMT (Figure 1b), compared with that of VMT (Figure 1a), two new peaks at 2925 and 2854 cm-1 appeared, which were ascribed to the asymmetric and symmetric vibration of methylene groups (CH2)n in the aliphatic chain [9]. Therefore, the existence of BTP in OVMT was proved, and the OVMT was successfully prepared. Figure 1. FTIR spectra of (a) VMT and (b) OVMT. In Figure 2a and 2b, the (001) planes of VMT and OVMT were observed at 2ÃŽ ¸ = 7.44 º and 2ÃŽ ¸ = 5.87 º, corresponding to the d-spacings of 1.19 nm and 1.50 nm, respectively, which indicated that the galleries of the silicate layers in VMT had been expanded for about 0.31 nm by the intercalation of BTP. Thus, successful preparation of OVMT was proved again [10]. XRD patterns of PBTPs were shown in Figure 2c-h. It was found that the diffraction peak intensities of PBTPs prepared with ultraphonic in situ polymerization were less than those of PBTPs prepared without ultraphonic in situ polymerization, indicating lower degree of crystallinity. To our surprise, the PBTP-S1 even did not exhibit any diffraction peak, indicating the extensive layer separation associated with the altitudinal delamination of OVMT silicate layers in the PMMA matrix, which resulted in the total exfoliation of the clays [3,5]. So, these results showed the PBTPs prepared with ultraphonic in situ polymerizatio n had better dispersion of OVMT in PMMA than those prepared without ultraphonic in situ polymerization. In addition, the 2ÃŽ ¸ value increased in the PBTPs matrix with the increase of OVMT content, indicating the increase of OVMT content would lead to a bad compatibility of OVMT with the PMMA matrix. Figure 2. X-Ray diffraction patterns of (a) VMT, (b) OVMT, (c) PBTP-S1, (d) PBTP-1, (e) PBTP-S2, (f) PBTP-2, (g) PBTP-S3 and (h) PBTP-3. To further understand the layer structures of OVMT in the nanocomposites, TEM was performed. In Figure 3, the PBTPs prepared with ultraphonic in situ polymerization were homogeneously and randomly dispersed in the PMMA matrix, and it was observed from time to time that some small intercalated stacks with a thickness of a few tenths of nanometers were remained, which was ascribed to the largely expanded d-spacing of OVMT caused by the chains of the exchanged ions and the presences of the methacrylic groups, improving the compatibility between OVMT and PMMA matrix [1,2]. However, the PBTPs prepared without ultraphonic in situ polymerization appeared to be more aggregated in the PMMA matrix. These results also demonstrated PBTPs prepared with ultraphonic in situ polymerization had better dispersion of OVMT in PMMA than those prepared without ultraphonic in situ polymerization. Figure 3. TEM images of (a) PBTP-S1, (b) PBTP-S2, (c) PBTP-S3, (d) PBTP-1, (e) PBTP-2 and (f) PBTP-3. Table 1. Mechanical properties of PMMA and PBTPs. Then, the mechanical properties of samples were tested (Table 1). Compared with those of the pure PMMA, the modulus and the elongation of the PBTPs were increased with the increasing of the clays, whatever they were prepared with or without ultraphonic in situ polymerization. The tensile strengths of PBTPs prepared with ultraphonic in situ polymerization showed obvious improvement, and when the additions of OVMT were 1 wt% and 3 wt%, they increased about 10.7 % and 16.1 %, respectively. The enhancements were mainly attributed to the homogeneous dispersion and strong interfacial interactions of OVMT in the polymer matrix, and high exfoliation of the silicate layers in the PMMA matrix, which provided high resistance against the plastic deformation. However, the tensile strengths were decreased with the increasing of the clays when PBTPs were prepared without ultraphonic in situ polymerization, which indicated clays gathered and had poor dispersion in polymer matrix. 4. Conclusion In summary, the OVMT was prepared and characterized by the FTIR spectra and XRD patterns, and the results showed that the BTP were intercalated into VMT, and the OVMT was successfully prepared. The XRD patterns and TEM images indicated that the PBTPs prepared with ultraphonic in situ polymerization had an extensive layer separation associated with the altitudinal delamination of OVMT silicate layers in the PMMA matrix, resulting in the high level of exfoliation of the clays. So, the PBTPs prepared with ultraphonic in situ polymerization had better dispersion of OVMT in PMMA than those prepared without ultraphonic in situ polymerization, leading to better mechanical properties. Acknowledgements The authors acknowledge financial support from the National Natural Science Foundation of China (51172099, 51203134, 21476052 and 21271087), the Foundation of Enterprise-University- Research Institute Cooperation from Guangdong Province and the Ministry of Education of China (2013B090600148), and The Science and Technology Innovation Platform Project of Foshan City (2014AG100171). References [1] Liqiang, C. Naresh, H. T. and Seong, I. W., â€Å"Effects of Modified Clay on the Morphology and Properties of PMMA/Clay Nanocomposites Synthesized byin SituPolymerization†, Macromolecules, 41/12 (2008), 4268-4274. [2] Yoon, K. K. Yeong, S. C. Ki, H. W. and In, J. C., â€Å"Synthesis of Exfoliated PS/Na−MMT Nanocomposites via Emulsion Polymerization†, Chem. Mater, 14/12 (2002), 4990-4995. [3] Hazarika, A. Devi, R. R. and Maji, T. K., â€Å"Removal of methylene blue from aqueous solutions by poly(2-acrylamido-2-methylpropane sulfonic acid-co-itaconic acid) hydrogels†, Polym. Bull, 68/7 (2012), 1889-1903. [4] Xaoan, F. and Syed, Q., â€Å"Synthesis of polystyrene–clay nanocomposites†, Mater. Letters, 42/1 (2000), 12-15. [5] Wang, W. S. Liang, C. K. Chen, Y. C. Su, Y. L and Chen, Y. Y. W., â€Å"Transparent and flame retardant PMMA/clay nanocomposites prepared with dual modified organoclay†, Polym. Adv. Technol, 23/3 (2012), 625-631. [6] Tong, Z. H. and Deng, Y. L., â€Å"Synthesis of Water-Based Polystyrene-Nanoclay Composite Suspension via Miniemulsion PolymerizationInd†, Eng. Chem. Res, 45/8 (2006), 2641-2645. [7] Zhao, Q. and Edward, T. S., â€Å"In Situ Polymerization of Poly(methyl methacrylate)/Clay Nano -composites in Supercritical Carbon Dioxide†, Macromolecules, 38/19 (2005), 7967-7971. [8] Yoshito, A. Jeong, J. M. and Takeshi, E., â€Å"Design of Nanocomposites by Vapor-Phase Assisted Surface Polymerization†, Macromolecules, 42/3 (2009), 768-772. [9] Cai, X. Tan, S. Z. Lin, M. S. and Liu, Y. L., â€Å"ynergistic antibacterial brilliant blue/reduced graphene oxide/quaternary phosphonium salt composite with excellent water-solubility and specific-targeting capability†, Langmuir, 27/12 (2011), 7828-7835. [10] Zeng, X. S. Cai, D. M. Lin, Z. D. Tan, S. Z. and Xu, Y. B., â€Å"Morphology, Thermal and Mechanical Properties of Phosphonium Vermiculite Filled Poly(ethylene terephthalate) Composites†, J. Appl. Polym. Sci, 126/2 (2012), 601-607. 1/9

Organisational cultures Essay

Introduction: defining culture The concept of culture has become increasingly significant in education during the 1990s and into the twenty-first century. This enhanced interest may be understood as an example of dissatisfaction with the limitations of those leadership and man- agement models which stress the structural and technical aspects of schools and colleges. The focus on the intangible world of values and attitudes is a useful counter to these bureaucratic assumptions and helps to produce a more balanced portrait of educational institutions. Culture relates to the informal aspects of organisations rather then their official elements. They focus on the values, beliefs and norms of individuals in the organi- sation and how these individual perceptions coalesce into shared meanings. Culture is manifested by symbols and rituals rather than through the formal structure of the organization: Beliefs, values and ideology are at the heart of organisations. Individuals hold certain ideas and value-preferences which influence how they behave and how they view the behaviour of other members. These norms become shared traditions which are communicated within the group and are rein- forced by symbols and ritual. (Bush 2003, p.156). The developing importance of culture arises partly from a wish to understand, and operate more effectively within, this informal domain of the values and beliefs of teachers, support staff and other stakeholders. Morgan (1997) and O’Neill (1994) both stress the increasing significance of cultural factors in leadership and manage- ment. The latter charts the appearance of cultural ‘labels’ and suggests why they have become more prevalent: The increased use of such cultural descriptors in the literature of educational management is significant because it reflects a need for educational organiza- tions to be able to articulate deeply held and shared  values in more tangible ways and therefore respond more effectively to new, uncertain and potentially  threatening demands on their capabilities. Organizations, therefore, articulate values in order to provide form and meaning for the activities of organiza- tional members in the absence of visible and certain organizational structures and relationships. In this sense the analysis and influence of organizational culture become essential management tools in the pursuit of increased orga- nizational growth and effectiveness. (O’Neill, 1994, p.116) The shift towards self-management in many countries reinforces the notion of schools and colleges as unique entities with their own distinctive features or ‘cul- ture’. It is inevitable that self-management will lead to greater diversity and, in Eng- land, this is one of the Government’s explicit aims. Caldwell and Spinks (1992) argue that there is ‘a culture of self- management’. The essential components of this culture are the empowerment of leaders and their acceptance of responsibility. Societal culture Most of the literature on culture in education relates to organisational culture and that is also the main focus of this chapter. However, there is also an emerging liter- ature on the broader theme of national or societal culture. Dimmock and Walker (2002a, p.3) claim that ‘the field of educational administration †¦ has largely ignored the influence of societal culture’ but their work has contributed to an increasing awareness of this concept. Given the globalisation of education, issues of societal culture are increasingly sig- nificant. Walker and Dimmock (2002) refer to issues of context and stress the need to avoid ‘decontextualized paradigms’ (p.1) in researching and analysing educa- tional systems and institutions: The field of educational leadership and management has developed along eth- nocentric lines, being heavily dominated by Anglo-American paradigms and theories †¦ Frequently, either a narrow ethnicity pervades research and policy, or an implicit assumption is made that findings in one part of the world will necessarily apply in others. It is clear that a key factor missing from many debates on educational administration and leadership is context †¦ context is represented by societal culture and its mediating influence on theory, policy and practice. (Walker and Dimmock 2002, p.2) Walker and Dimmock are by no means alone in advocating attention to issues of context. Crossley and Broadfoot (1992, p.100) say that ‘policies and practice cannot be translated intact from one culture to another since the mediation of different cultural contexts can quite transform the latter’s salience’ while Bush et al. (1998, p.137) stress that ‘all theories and interpretations of practice must be ‘grounded’ in the specific context †¦ before they can be regarded as useful’. LEADING AND MANAGING PEOPLE IN EDUCATION48 Dimmock and Walker (2002b, p.71) have given sustained attention to these issues and provide a helpful distinction between societal and organizational culture: Societal cultures differ mostly at the level of basic values, while organizational cultures differ mostly at the level of more superficial practices, as reflected in the recognition of particular symbols, heroes and rituals. This allows organiza- tional cultures to be deliberately managed and changed, whereas societal or national cultures are more enduring and change only gradually over longer time periods. School leaders influence, and in turn are influenced by, the orga- nizational culture. Societal culture, on the other hand, is a given, being out- side the sphere of influence of an individual school leader. (Our emphasis) Dimmock and Walker (2002b) identify seven ‘dimensions’ of societal culture,  each of which is expressed as a continuum: 1 Power-distributed/power concentrated: power is either distributed more equally among the various levels of a culture or is more concentrated. 2 Group-oriented/self-oriented: people in self-oriented cultures perceive themselves to be more independent and self-reliant. In group-oriented cultures, ties between people are tight, relationships are firmly structured and individual needs are sub- servient to the collective needs. 3 Consideration/aggression: in aggression cultures, achievement is stressed, competi- tion dominates and conflicts are resolved through the exercise of power and assertiveness. In contrast, consideration societies emphasise relationship, solidar- ity and resolution of conflicts by compromise and negotiation. 4 Proactivism/fatalism: this dimension reflects the proactive or ‘we can change things around here’ attitude in some cultures, and the willingness to accept things as they are in others – a fatalistic perspective. 5 Generative/replicative: some cultures appear more predisposed towards innovation, or the generation of new ideas and methods, whereas other cultures appear more inclined to replicate or to adopt ideas and approaches from elsewhere. 6 Limited relationship/holistic relationship: in limited relationship cultures, interac- tions and relationships tend to be determined by explicit rules which are applied to everyone. In holistic cultures, greater attention is given to relationship oblig- ations, for example kinship, patronage and friendship, than to impartially applied rules. 7 Male influence/female influence: in some societies, the male domination of deci- sion-making in political, economic and professional life is perpetuated. In others, women have come to play a significant role. (adapted from Dimmock and Walker 2002b, pp.74-6). This model can be applied to educational systems in different countries. Bush and Qiang (2000) show that most of these dimensions are relevant to Chinese education: 49ORGANISATIONAL CULTURES †¢ Power is concentrated in the hands of a limited number of leaders. ‘The principal has positional authority within an essentially bureaucratic system †¦ China might be regarded as the archetypal high power-distance (power-concentrated) society’ (p.60). †¢ Chinese culture is group oriented. ‘Collective benefits [are] seen as more important than individual needs’ (p.61). †¢ Chinese culture stresses consideration rather than aggression. ‘The Confucian scholars advocate modesty and encourage friendly co-operation, giving priority to people’s relationships. The purpose of education is to mould every individual into a harmonious member of society’ (p.62). †¢ Patriarchal leadership dominates in education, business, government and the Communist Party itself. There are no women principals in the 89 secondary schools in three counties of the Shaanxi province. Coleman et al. (1998, p.144) attribute such inequalities to the continuing dominance of patriarchy. Societal culture is one important aspect of the context within which school leaders must operate. Leaders and managers must also be aware of organisational culture which provides a more immediate framework for leadership action. Principals and others can help to shape culture but they are also influenced by it. Chapter 7, for example, refers to the need for educational leaders to be aware of the societal cul- ture underpinning schools and colleges so that appropriate equal opportunities policies and practices can be developed. Central features of organisational culture Organisational culture has the following major features (Bush 2003): 1 It focuses on the values and beliefs of members of organisations. These values underpin the behaviour and attitudes of individuals within schools and colleges but they may not always be explicit. These individual beliefs coalesce into shared values: ‘Shared values, shared beliefs, shared meaning, shared understanding, and shared sensemaking are all different ways of describing culture †¦ These pat- terns of understanding also provide a basis for making one’s own behaviour sen- sible and meaningful’ (Morgan, 1997, p.138). This does not necessarily mean that individual values are always in harmony with one another. Morgan (1997, p.137) suggests that ‘there may be different and competing value systems that create a mosaic of organizational realities rather than a uniform corporate culture’. Dissonance is more likely in large, multipur- pose organisations such as colleges and universities but Nias et al. (1989) note that they may also exist in primary education. Fullan and Hargreaves (1992, pp. 71-2) argue that some schools develop a ‘balkanized’ culture made up of separate and sometimes competing groups: LEADING AND MANAGING PEOPLE IN EDUCATION50 Teachers in balkanized cultures attach their loyalties and identities to particular groups of their colleagues. They are usually colleagues with whom they work most closely, spend most time, socialize most often in the staffroom. The existence of such groups in a school often reflects and reinforces very different group outlooks on learning, teaching styles, dis- cipline and curriculum. Staff working in sub-units, such as departments, may develop their own dis- tinctive ‘subculture’ and middle managers, or ‘middle level leaders’ as the NCSL prefers to call them, may wish to cultivate this as a way of developing and enhancing team effectiveness. However, as Fullan and Hargreaves (1992)  imply, such subcultures may not be consistent with the whole-school or college culture. 2 Organisational culture emphasises the development of shared norms and mean- ings. The assumption is that interaction between members of the organisation, or its subgroups, eventually leads to behavioural norms that gradually become cul- tural features of the school or college. Nias et al.’s (1989, pp.39-40) research shows how group norms were established in their case-study schools: As staff talked, worked and relaxed together, they began to negotiate shared meanings which enabled them to predict each others’ behaviour. Consequently each staff developed its own taken-for-granted norms. Because shared meanings and ways of behaving became so taken for granted, existing staff were largely unaware of them. But they were visi- ble to newcomers †¦ Researchers moving between schools were con- stantly reminded of the uniqueness of each school’s norms. These group norms sometimes allow the development of a monoculture in a school with meanings shared throughout the staff – ‘the way we do things around here’. We have already noted, however, that there may be several subcul- tures based on the professional and personal interests of different groups. These typically have internal coherence but experience difficulty in relationships with other groups whose behavioural norms are different. Wallace and Hall (1994, pp.28 and 127) identify senior management teams (SMTs) as one example of group culture with clear internal norms but often weak connections to other groups and individuals: SMTs in our research developed a ‘culture of teamwork’ †¦ A norm com- mon to the SMTs was that decisions must be reached by achieving a working consensus, entailing the acknowledgement of any dissenting views †¦ there was a clear distinction between interaction inside the team and contact with those outside †¦ [who] were excluded from the inner world of the team. 3 Culture is typically expressed through rituals and ceremonies which are  used to support and celebrate beliefs and norms. Schools, in particular, are rich in such symbols as assemblies, prize-givings and corporate worship. Hoyle (1986, pp.150  and 152) argues that ritual is at the heart of cultural models: ‘Symbols are a key component of the culture of all schools †¦ [they] have expressive tasks and sym- bols which are the only means whereby abstract values can be conveyed †¦ Sym- bols are central to the process of constructing meaning’. (Hoyle 1986, pp.150-2). School culture may be symbolized through three modes: (a) Conceptually or verbally, for example through use of language and the expres- sion of organisational aims. (b) Behaviourally, through rituals, ceremonies, rules, support mechanisms, and patterns of social interaction. (c) Visually or materially, through facilities, equipment, memorabilia, mottoes, crests and uniforms. (Beare et al. 1989, p.176). Schein (1997, p.248) argues that ‘rites and rituals [are] central to the deciphering as well as to the communicating of cultural assumptions’. 4 Organisational culture assumes the existence of heroes and heroines who embody the values and beliefs of the organisation. These honoured members typify the behaviours associated with the culture of the institution. Campbell-Evans (1993, p. 106) stresses that heroes or heroines are those whose achievements match the cul- ture: ‘Choice and recognition of heroes †¦ occurs within the cultural boundaries identified through the value filter †¦ The accomplishments of those individuals who come to be regarded as heroes are compatible with the cultural emphases.’ This feature is evident in South Africa, for example, where the huge interest in school sport means that sporting heroes are identified and celebrated. This was evident, for example, in a Durban school visited by one of the authors, where for- mer student Shaun Pollock, the South African fast bowler, had numerous pho- tographs on display and a room named after him. In celebrating the achievements of this cricketing ‘hero’, school managers are seeking to emphasise the centrality of sporting achievement to the ethos and culture of the school. Developing a culture of learning in South Africa As we noted earlier (p.000), societal or national culture underpins the organisa- tional culture of individual schools and colleges. Nowhere is this more apparent than in South African schools where the predominant culture reflects the wider social structure of the post-apartheid era. Decades of institutionalised racism and injustice have been replaced by an overt commitment to democracy in all aspects of life, including education. Ngcobo (2003) addresses issues of cultural diversity and, drawing on Irvine (1990), identifies nine dimensions of African culture: †¢ Spirituality: life is viewed as vitalistic rather than mechanistic. †¢ Harmony: humans and nature live interdependently and in harmony. LEADING AND MANAGING PEOPLE IN EDUCATION52 †¢ Movement: rhythm, music and dance. †¢ Verve: high levels of stimulation. †¢ Affect: emotions and feelings. †¢ Communalism: social connectedness and an awareness of responsibilities to the  group transcending individual privileges. †¢ Expressive individualism: genuine personal expression. †¢ Oral tradition: oral/aural metaphors and colourful forms. †¢ Social time perspective: time as social rather than material space (adapted from Ngcobo 2003, p.224). Ngcobo (2003) notes that these cultural features are very different from European cultures. Such cultural differences became particularly significant as schools began to change their racial composition in response to the South African Schools Act (1996), which made it illegal to deny admission to students on the basis of race. For- merly white schools, with a predominantly ‘European’ culture, began to assimilate learners, and to a lesser extent educators, from different cultural backgrounds. Ngcobo (2003) gives two contrasting examples of how school leaders responded to these cultural changes. Vryburg high school avoided cultural diversity by dividing the premises into two sections (white and black). This had several deleterious con- sequences, including conflict leading to charges of assault being laid against 14 black learners and seven parents of white students. Greenland secondary school in Durban adopted a different approach, aiming at cultural diversity and encouraging learners and staff to express and celebrate their own cultures. This school has been very successful academically which the principal attributes to ‘the strong integrative culture it promotes’ (Ngcobo 2003, p.230). The years of struggle against apartheid inevitably affected schools, particularly those in the townships. One of the ‘weapons’ of the black majority was for young- sters to ‘strike’ and demonstrate against the policies of the white government. Sim- ilarly, teacher unions were an important aspect of the liberation movement and teachers would frequently be absent from school to engage in protest activity. It is perhaps inevitable that a culture of learning was difficult to establish in such a hos- tile climate. Badat (1995, p.143) claims that ‘the crisis in black education, including what has come to be referred to as the â€Å"breakdown† in the â€Å"culture of learning† †¦ continued unabated’. This issue surfaced in Bush and Anderson’s (2003) survey of school principals in the KwaZulu/Natal province. In response to a question about the aims of the school, principals stated that: †¢ the school is striving to instill in the minds of learners that ‘education is their future’ †¢ to show the importance of education within and outside the school †¢ to provide a conducive educational environment †¢ to develop a culture of learning. 53ORGANISATIONAL CULTURES The absence of a culture of learning in many South African schools illustrates the long-term and uncertain nature of cultural change. The long years of resistance to apartheid education have to be replaced by a commitment to teaching and learn- ing if South Africa is to thrive in an increasingly competitive world economy. How- ever, educational values have to compete with the still prevalent discourse of struggle and also have to reconcile the diverse value systems of the different sub- cultures in South Africa’s integrated schools. It seems likely that the development of a genuine culture of learning will be slow and dependent on the quality of lead- ership in individual schools. Leadership and culture We noted earlier (p.000) that societal culture is beyond the control of educational leaders but heads and principals are able to influence organisational culture. Arguably, they have the main responsibility for generating and sustaining culture and communicating core values and beliefs both within the organization and to external stakeholders (Bush 1998, p.43). Heads and principals have their own val- ues and beliefs arising from many years of successful professional practice. They are also expected to embody the culture of the school or college. Hoyle (1986, pp.155-6) stresses the symbolic dimension of leadership and the central role of heads in defining school culture: Few heads will avoid constructing an image of the school. They will differ in the degree to which this is a deliberate and charismatic task. Some heads †¦Ã‚  will self- consciously seek to construct a great mission for the school. Others will convey their idea of the school less dramatically and construct a meaning from the basic materials of symbol-making: words, actions, artefacts and settings. Schein (1997, p.211) argues that cultures spring primarily from the beliefs, values and assumptions of founders of organisations. Nias et al. (1989, p. 103) suggest that heads are ‘founders’ of their school’s culture. They refer to two of their English case study schools where new heads dismantled the existing culture in order to create a new one based on their own values. The culture was rebuilt through example: ‘All the heads of the project schools were aware of the power of example. Each head expected to influence staff through his/her example. Yet their actions may also have been symbolic of the values they tried to represent.’ Nias et al. (1989) also mention the significance of co-leaders, such as deputy heads and curriculum co-ordinators, in disseminating school culture. Deal (1985, pp.615-18) suggests several strategies for leaders who wish to gener- ate culture: †¢ Document the school’s history to be codified and passed on. †¢ Anoint and celebrate heroes and heroines. LEADING AND MANAGING PEOPLE IN EDUCATION54 †¢ Review the school’s rituals to convey cultural values and beliefs. †¢ Exploit and develop ceremony. †¢ Identify priests, priestesses and gossips, and incorporate them into mainstream  activity. This provides access to the informal communications network. One of the ways in which leaders can shape or change culture is through the appointment of other staff who have the same values and beliefs, leading to cultural consonance. In this view, the staff selection process provides an opportunity to set out the values of the school, or its leaders, in the hope  that those who hold similar values will be attracted to the post while others will be deterred from making or pur- suing an application. Over time, the culture of the school will shift in the direction sought by the principal. The literature on collegiality (e.g. Bush 2003) shows that leaders are more likely to cede power to others when they are confident that their own educational values will not be compromised by doing so. Foskett and Lumby (2003) point out that staff selection processes are themselves subject to cultural variables. They draw on Akinnusi (1991) to distinguish between ‘universalistic’ and ‘particularistic’ approaches to selection. The universalistic approach, as discussed in Chapter 9 of this volume, for example, attempts to match applicants to objective criteria and is thought to be ‘more successful in identifying the best match to the vacant post’ (Foskett and Lumby 2003, p.71). These authors contrast this model with the particularistic approach adopted, for example, in Africa and in China. Here, ‘selection is shaped by the personal affiliation of the players, for example kinship, religion, ethnic or political similarities’ (p.70). This approach is likely to be successful in ensuring that the appointees have similar val- ues to the leaders. Using cultural criteria to appoint new staff may help to modify culture but the established staff, and inertia, may still ensure that change is highly problematic. Reynolds (1996) refers to one school where the prevailing culture was ‘posing severe difficulties for any purported change attempts’ (p.153). He point to ‘multiple barri- ers to change’ including: †¢ staff wanted ‘top down’ change and not ‘ownership’ †¢ ‘we’ve always done it this way’ †¢ individual reluctance to challenge the prevailing culture †¢ staff blaming children’s home background for examination failure †¢ numerous personality clashes, personal agendas and fractured interpersonal rela-tionships (Reynolds 1996, pp.153-4). This example illustrates the difficulty of attempting to impose cultural change. As one former college principal stresses, ‘[it is] dangerous †¦ for  managers to move too fast on cultural change’ (Bridge 1994, p.197). Turner (1990, p.11) acknowledges the pressures on leaders to ‘mould’ culture but rejects the belief that ‘something as pow- erful as culture can be much affected by the puny efforts of top managers’. 55ORGANISATIONAL CULTURES Hargreaves (1999, p.59) makes a similar point, claiming that ‘most people’s beliefs, attitudes and values are far more resistant to change than leaders typically allow’. He identifies three circumstances when culture may be subject to rapid change: †¢ The school faces an obvious crisis, for example a highly critical inspection report or falling pupil numbers, leading to the prospect of staff redundancies or school closure. †¢ The leader is very charismatic, commanding instant trust, loyalty and fellowship. This may enable cultural change to be more radical and be achieved more quickly. †¢ The leader succeeds a very poor principal. Staff will be looking for change to instil a new sense of direction (adapted from Hargreaves 1999, pp.59-60). These points may also apply to sub-units and subcultures. Hargreaves (1999, p.60) concludes that, ‘if none of these special conditions applies, assume that cultural change will be rather slow’. Leaders also have responsibility for sustaining culture, and cultural maintenance is often regarded as a central feature of effective leadership. Sergiovanni (1984, p.9) claims that the cultural aspect is the most important dimension of leadership. Within his ‘leadership forces hierarchy’, the cultural element is more significant than the technical, human and educational aspects of leadership: The net effect of the cultural force of leadership is to bond together  students, teachers, and others as believers in the work of the school †¦ As persons become members of this strong and binding culture, they are provided with opportunities for enjoying a special sense of personal importance and significance. Limitations of organisational culture The concept of organisational culture provides several useful elements to the lead- ership and management of people in schools and colleges. The focus on the infor- mal dimension is a valuable counter to the rigid and official components of the formal models. By stressing the values and beliefs of participants, culture reinforces the human aspects of management rather than their structural elements. However, this approach has three significant weaknesses (Bush 2003): 1 The notion of ‘organisational culture’ may simply be the imposition of the leaders’ values on other members of the organisation. The search for a monoculture may mean subordinating the values and beliefs of some participants to those of leaders or the dominant group. ‘Shared’ cultures may be simply the values of leaders imposed on less powerful people. Morgan (1997) refers to ‘a process of ideological  control’ and warns of the risk of ‘manipulation’: Ideological manipulation and control is being advocated as an essential managerial strategy †¦ such manipulation may well be accompanied by resistance, resentment and mistrust †¦ where the culture controls rather than expresses human character, the metaphor may thus prove quite manipulative and totalitarian in its influence. (pp.150-1) Prosser (1999, p.4) refers to the ‘dark underworld’ of school culture and links it to the concept of micropolitics: ‘The micro-political perspective recognized that formal powers, rules, regulations, traditions and rituals  were capable of being subverted by individuals, groups or affiliations in schools’. Hargreaves (1999, p.60) uses the term ‘resistance group’ to refer to sub-units seeking to subvert lead- ers and their intended cultural change. However, this may simply be a legitimate attempt to enunciate the specific values of, for example, departmental culture. 2 The portrayal of culture may be unduly mechanistic, assuming that leaders can determine the culture of the organisation (Morgan 1997). While they have influ- ence over the evolution of culture by espousing desired values, they cannot ensure the emergence of a monoculture. As we have seen, secondary schools and colleges may have several subcultures operating in departments and other sec- tions. This is not necessarily dysfunctional because successful sub-units are vital components of thriving institutions, and successful middle-level leadership and management are increasingly regarded as essential to school and college effec- tiveness (Harris 2002; Briggs 2003). In an era of self-managing schools and colleges in many countries, lay influ- ences on policy are increasingly significant. Governing bodies often have the for- mal responsibility for major decisions and they share in the creation of institutional culture. This does not mean simple acquiescence to the values of the head or principal. Rather, there may be negotiation leading to the possibility of conflict and the adoption of policies inconsistent with the leader’s own values. 3 Hoyle (1986) argues that symbols may misrepresent the reality of the school or college. He suggests that schools may go through the appearance of change but the reality continues as before: A symbol can represent something which is ‘real’ in the sense that it †¦ acts as a surrogate for reality †¦ there will be a mutual recognition by the parties concerned that the substance has not been evoked but they are nevertheless content to sustain the fiction that it has if there has been some symbolization of the substance †¦ in reality the system carries on as formerly. (p.166) Schein (1997, p.249) also warns against placing too much reliance on ritual. When the only salient data we have are the rites and rituals that have survived over a period of time, we must, of course, use them as best we  can †¦ however †¦ it is difficult to decipher just what assumptions lead- ers have held that have led to the creation of particular rites and rituals. Conclusion: people and culture The belief that schools and colleges are unique entities is gaining ground as people increasingly recognise the importance of the specific contexts, internal and exter- nal, which provide the frameworks within which leaders and managers must oper- ate. Despite the pressures of globalisation, understanding and managing the school context is a vital dimension of leadership in the twenty-first century. Values and beliefs are not universal and a ‘one size fits all’ model does not work for nations any more than it does for schools. The recognition that school and college development needs to be preceded by attitudinal change is also salutary, and is consistent with the view that teachers must feel ‘ownership’ of change if it is to be implemented effectively. Externally imposed innovation often fails because it is out of tune with the values of the teach- ers who have to implement it. ‘Since organization ultimately resides in the heads of the people involved, effective organizational change always implies cultural change’ (Morgan 1997, p.150). The emphasis on values and symbols may also help to balance the focus on struc- ture and process in many of the other models. The informal world of norms and rit- ual behaviour may be just as significant as the formal elements of schools and colleges. ‘Even the most concrete and rational  aspects of organization – whether structures, hierarchies, rules, or organizational routines – embody social construc- tions and meanings that are crucial for understanding how organization functions day to day’ (Morgan 1997, p.146). Culture also provides a focus for organisational action. Effective leaders often seek to influence values so that they become closer to, if not identical with, their own beliefs. In this way, they hope to achieve widespread support for, or ‘ownership’ of, new policies. By working through this informal domain, rather than imposing change through positional authority or political processes, heads, principals and other leaders, including middle managers, are more likely to gain support for inno- vation. An understanding of both societal and organisational culture also provides a sound basis for leading and managing people in education. In many countries, schools and colleges are becoming multicultural, and recognition of the rich diver- sity of the cultural backgrounds of students, parents and staff is an essential element in school management. Similarly, all educational organisations have certain dis- tinctive features and understanding and managing this cultural apparatus is vital if leadership is to be ‘in tune’ with the prevailing norms and values. An appreciation of the relevance of both societal and organisational culture, and of the values, beliefs and rituals that underpin them, is an important element in the leadership  and management of schools and colleges. References Akinnusi, D. (1991), ‘Personnel management in Africa’, in Brewster, C. and Tyson, S. (eds), International Comparisons in Human Resource Management, London, Pitman. Badat, S. 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