Monday, September 30, 2019

Coca-Cola Fizz Factor Essay

1) The Coca-Cola Company in my opinion has all the resources listed in the chapter. They have been such a successful organization over the years that they posses; financial, physical, human, intangible, and structural-cultural resources. It is because of their Global nature that I believe that they have these resources, and these are needed to for organizations to have capabilities and core competencies. Understanding that because Coca-Cola is such a global brand it means that their capabilities must stretch through culture so I do believe it is very hard to develop unique resources and distinctive capabilities. However, because of the resources behind them in some ways it is easier to develop strategies and gain that competitive advantage. 2) Coca-Cola has a number of distinctive capabilities. Its brand is one by itself, they have created a competitive advantage just by their name, Coca-Cola is known globally and it is a testament to the organization that it is so powerful. Another distinctive capability would be the shape and design of their bottles and cans, it may not seem like much but it can create nostalgia for and again turn in to a competitive advantage. Also with the patent for their designs it makes it impossible for competitors to imitate and take away that competitive advantage. 3) 127 Years of Happiness – This is a major strength; Coca-Cola’s history and tradition automatically give it credibility and make customers trust the brand. Other newer competitors just cannot compete with this, however it is extremely important that they continue to change and innovate. 200+ countries – This may mean a global organization, but this brings about some weaknesses. You have to deal with so many different cultures, languages, climates, and beliefs that it can be very difficult to keep everyone happy and keep providing a quality product. 3500 products worldwide – Again this is like the example above, it can be very challenging due to the diversity and target audience of all the products. However, it can be an advantage because of the variety of products you provide sets Coca-Cola apart from it competitors, giving them yet another competitive advantage. 1,322,000 Tweets per quarter – Twitter is becoming huge, and we saw during the Superbowl blackout how powerful a marketing tool it can be. Oreo cookies tweeted â€Å"†Power out? No problem. You can still dunk in the dark† so in my eyes I see this growing number to be a huge positive on a marketing front. Although on the other hand, social media can be very damaging, and if Coca-Cola does something bad, a negative reputation could spread around the world in a matter of moments. Protest Group of 100,000 people wanting the original Coke back – this shows that if you get it wrong you can face a major backlash from your customers. But this also showed how loyal people were to the original Coke, yes it was a negative result but it really highlights to the Coca-Cola Company what a great product they have. 4) It has to be the capabilities assessment profile, by following the five steps of this option Muhtar Kent can truly analyze the strengths and weaknesses of the organization on a global scale. The key competencies and capabilities are what set Coca-Cola apart and they need to continue to focus on these aspects, it creates the competitive advantage and this must be maintained in the future. This is vital if Coca-Cola want to remain up there as on of the most popular brands in the world.

Sunday, September 29, 2019

Automobile Industry, India Automobile Industry Essay

Following India’s growing openness, the arrival of new and existing models, easy availability of finance at relatively low rate of interest and price discounts offered by the dealers and manufacturers all have stirred the demand for vehicles and a strong growth of the Indian automobile industry. The data obtained from ministry of commerce and industry, shows high growth obtained since 2001- 02 in automobile production continuing in the first three quarters of the 2004-05. Annual growth was 16. 0 per cent in April-December, 2004; the growth rate in 2003-04 was 15. 1 per cent The automobile industry grew at a compound annual growth rate (CAGR) of 22 per cent between 1992 and 1997. With investment exceeding Rs. 50,000 crore, the turnover of the automobile industry exceeded Rs. 59,518 crore in 2002-03. Including turnover of the auto-component sector, the automotive industry’s turnover, which was above Rs. 84,000 crore in 2002-03, is estimated to have exceeded Rs. 1,00,000 crore ( USD 22. 74 billion) in 2003-04. Automobile Dealers Network in India In terms of Car dealer networks and authorized service stations, Maruti leads the pack with Dealer networks and workshops across the country. The other leading automobile manufactures are also trying to cope up and are opening their service stations and dealer workshops in all the metros and major cities of the country. Dealers offer varying kind of discount of finances who in tern pass it on to the customers in the form of reduced interest rates. Major Manufacturers in Automobile Industry Maruti Udyog Ltd. General Motors India Ford India Ltd. Eicher Motors Bajaj Auto Daewoo Motors India Hero Motors Hindustan Motors Hyundai Motor India Ltd. Royal Enfield Motors Telco TVS Motors DC Designs Swaraj Mazda Ltd Government has liberalized the norms for foreign investment and import of technology and that appears to have benefited the automobile sector. The production of total vehicles increased from 4. 2 million in 1998- 99 to 7. 3 million in 2003-04. It is likely that the production of such vehicles will exceed 10 million in the next couple of years. The industry has adopted the global standards and this was manifested in the increasing exports of the sector. After a temporary slump during 1998- 99 and 1999-00, such exports registered robust growth rates of well over 50 per cent in 2002-03 and 2003-04 each to exceed two and- a-half times the export figure for 2001-02. Automobile Export Numbers Category1998-991998-99Passenger Car25468121478Multi Utility Vehicles26543892Commercial Vehicles1010819931Two Wheelers100002256765Three Wheelers2113851535Percentage Growth-16. 632. 8 THE KEY FACTORS BEHIND THIS UPSWING Sales incentives, introduction of new models as well as variants coupled with easy availability of low cost finance with comfortable repayment options continued to drive demand and sales of automobiles during the first two quarters of the current year. The risk of an increase in the interest rates, the impact of delayed monsoons on rural demand, and increase in the costs of inputs such as steel are the key concerns for the players in the industry. As the players continue to introduce new models and variants, the competition may intensify further. The ability of the players to contain costs and focus on exports will be critical for the performance of their respective companies. The auto component sector has also posted significant growth of 20 per cent in 2003-04, to achieve a sales turnover of Rs. 30,640 crore (US$ 6. 7 billion). Further, there is a potential for higher growth due to outsourcing activities by global automobiles giants. Today, this sector has emerged as another sunrise sector. EVEN GROWTH Opposing the belief that the growth in automobile industry has catered only to the top income-stratum of society, Growth of exports of 32. 8 % in the first three quarters of 2004-05, the fastest growth in volumes has come from commercial vehicles as against passenger cars. Between 1998-99 and 2003-04, output of commercial vehicles has grown 2. 8 times compared to the 2. 2 times increase in passenger cars. Furthermore, two-wheeler output continues to dominate the volume statistics of the sector. In 2003-04, for every passenger car turned out by the sector, there were 7 two-wheelers produced. In the two wheeler segment, there is a greater preference for motorcycles followed by scooters, with both production and domestic sales of motorcycles increasing at faster rates than for scooters in the current and previous years. However, mopeds have registered low or negative growth. Export growth rates have been high both for motorcycles and scooters.

Saturday, September 28, 2019

The role of computers in teaching and learning Essay

The role of computers in teaching and learning - Essay Example A teacher can use a white board also to demonstrate and enhance learning experience. Another fact is if a student writes while he is studying the concept gets stored in his mind in a better way. The concept author is trying to explain here is that designed instructional media can only help and support a teacher in his teaching. This can be further explained by the fact that things said by a teacher are better explained and understood when pictures are used to illustrate them using designed instructional media. The final point raised by the author here is, the designed instructional media’s effectiveness depends upon the teacher meaning that how well the teacher is using all these accessories to achieve his objective. To make sure that the computer and its peripherals are in a good working condition the best way is to check up everything. The first step would be to make sure that the computer is not situated in an isolated place and the place is not very hot. Computers should be placed in places where cross ventilation is good. A checkup should be made to make sure all the hardware devices are in good working condition every wire is correctly plugged in. The compatibility of devices is very necessary or other wise a computer can have software problems while running. It should be made sure that all the jumpers are connected in their proper sockets. Every time the computer runs it should be properly booted and a proper procedure for shutting it down should be followed. Technology has given every field in the world a boost or a step forward. The same case is for teaching and learning. Technology gives us major support in learning and teaching things. Computer has revolutionized the world since it came into being. Computer has gone through evolution itself and made the human race feel its presence as well. People have started relying on computers a great deal which can be seen everywhere.

Friday, September 27, 2019

HEALTH COMMUNICATION OBJECTIVES Essay Example | Topics and Well Written Essays - 500 words

HEALTH COMMUNICATION OBJECTIVES - Essay Example Among the objectives that I deemed fit for this paper include improving the health literacy of the population, increase the number of health practitioners with satisfactory communication kills and thirdly is to enlarge figure of patients who report that their health care providers contently involved them in their health care decisions. (Phase 1 report, 2008) The first goal is increasing health literacy among the general population. In an era where many of the rising diseases that is taking a tremendous toll on the world’s population are bad lifestyle habits, there is need to increase health literacy especially in such occasions where disease causes are cumulative persistence of bad habits. Increased awareness of healthy lifestyles that I should uphold has played an enormous part in the lifestyles decision that I make. Secondly, increasing health care practitioners with sufficient communication skills would in a huge way improve the freedom that most patients feel limited when talking to a healthcare provider. In addition, such skills have in the past enhanced the health care process since there was sufficient understanding between me and my health care providers, and between the respective health practitioners. Thirdly, the information involved with patient care technologies is highly involved in making sure that patients or thei r custodians make the wisest decision concerning their health problems. Through the objective, the United States government hopes to liberate the health sector in such a way that expert opinions can be incorporated with patients beliefs as well as the patient’s guardian views to form a single all rounded wise decision about the health care of the respective patient. This I think is most important since I feel a high level of freedom of will and satisfaction having taken decisions concerning my health care that my health care providers adhered to in my

Thursday, September 26, 2019

Intervention for People with Learning Disability Essay

Intervention for People with Learning Disability - Essay Example People with learning disabilities are twice likely to have health problems, relative to other people, yet recent reports have indicated that people with learning disabilities manifest higher levels of unmet needs and usually receive less effective treatment despite legislation demanding equal treatment. Research studies have explored five broad classes of determinants of health inequalities that a majority of people with learning disabilities, in principle, encounter possibly open to intervention: heightened risk of exposure to social determinant of health; heightened risk linked to particular genetic and biological causes of learning disabilities; communication difficulties and minimized health â€Å"literacy†; personal health risks and behaviours; and, deficiencies in access to and the quality of health provision (Silver 2005, p.4). The existing patterns of healthcare provision are inadequate, inequitable and likely to be in contravention of legal requirements as per the Dis ability Discrimination Acts of 1995 and 2005. Individuals with learning disabilities, especially with less learning disabilities are highly probable to be exposed to social determinants such as poor housing conditions, poverty, overt discrimination, unemployment, and social disconnectedness. Research studies have demonstrated that individuals from minority ethnic communities face even larger health inequalities, compared to people with individuals coming from major ethnic communities. The limited communication skills may also minimize their capacity to convey identified health needs effectively to others (Mitchell 2004, p.201). Individuals with learning disabilities experience a lack of knowledge and choice regarding health... This essay approves that individuals with learning disabilities, especially with less learning disabilities are highly probable to be exposed to social determinants such as poor housing conditions, poverty, overt discrimination, unemployment, and social disconnectedness. Research studies have demonstrated that individuals from minority ethnic communities face even larger health inequalities, compared to people with individuals coming from major ethnic communities. The limited communication skills may also minimize their capacity to convey identified health needs effectively to others. This report makes a conclusion that the nursing assessment, coupled with the identification of an individual’s health needs is usually a complex and multidimensional process. It is essential to give people options, instead of making demands as this can allow clients to make choices that influence their own lives and environment, which in turn, can play a big role in making a difference to the quality of life and behaviour. Individuals with learning disabilities can be regarded as one of the most vulnerable groups in society. People with learning disabilities are at risk of abuse and neglect by both institutions and individuals. Studies indicate that individuals with learning disabilities manifest greater healthcare needs, relative to the general population, and most of these needs are unmet. Majority of people with learning disabilities manifest complex needs that can include sensory and/or physical impairments, challenging behaviour, and mental health needs, which require the nurse to be capable to avail a skilled assessment, intervention and care planning.

Wednesday, September 25, 2019

Summarize statistical paper Essay Example | Topics and Well Written Essays - 1250 words

Summarize statistical paper - Essay Example To convert mass into energy one needs to cause mass defect by fission of heavy nuclides like U235 and Pu239; which is done inside a nuclear reactor using nuclear fuel elements. In this process, lot of radioactive waste is generated, which needs to be stored safely for very long periods of time (thousands of years). However, there is no precedence available on safe storage of such materials over such a period of time; therefore, whatever is the existing knowledge level is utilized for this purpose. These radioactive wastes are stored in a sealed metallic canisters and these canisters are then stored in repository considered to be safe. However, the incidents of activity leakage do occur and there are certain causes of the leakage and certain probability associated with the causes of leakage and to the activity leakage itself. It is therefore, relevant to understand probability. There are outcomes of any event; like if a coin is tossed it will end up with either a head or a tail. With each outcome there is an associated probability or a chance. As there are only two possible outcomes of this event and each of the outcomes is equally likely, therefore, the probability of getting either a head or a tail is  ½. Similarly one can extend the outcome and say that for a unbiased dice; chances of getting either of the six numbers is 1/6. These arguments can be extended further to calculate probability of different outcomes associated with an event. Probabilities are very important in modern day life as application of this concept is embedded in almost every sphere of our life. Let us proceed further to discuss somewhat complex situation. Let us take an example in which three plates R, G and B are kept in a box and each of the three plates is having identical sized balls of colors Red, Green and Black respectively. If a person is asked to draw a ball from this box, without looking inside the box, then probability that he draws a ball from either of the plates R,

Tuesday, September 24, 2019

Price bubble Essay Example | Topics and Well Written Essays - 500 words - 16

Price bubble - Essay Example literatures have already emphasized that financial asset markets showed price bubble as an existing phenomenon that shorts selling opportunities, limits price change rules and margins buying opportunities etc. In laboratory marketing analysis, conducted as out-of-class computerized microeconomic theory markets, it has been observed that price is more likely to be bubbled above intrinsic value and then crashed back to intrinsic value too. Price in the third laboratory market also tended to be intrinsic more accurately that sought to have a common price expectation with an asset share. The above mentioned market-laboratory experiment was very important because it has been able to address the potentially critical issues regarding the price bubble and how it is robust to various factors like, 1) substantial increase in group size, 2) inter-trader information existing outside laboratory privacy, 3) non-monetary reward structure etc. The market experiments have used a cash reward system wh ereby small markets with around fifteen traders watching the phenomenon in the market-laboratory. The price bubble phenomenon has resulted consistently with cash-reward, small group and strict privacy lab experiment for little experienced traders. The computerized market laboratory experiment highlighted that people are ready to buy assets at very high prices, though the accurate reason is quite unknown, it has been detailed that those who buy in such high prices perhaps gain profits from such doings by earning dividends or by selling to others. An interesting outcome of the experiment was the approximation of risk-neutral expectation market equilibrium, which was due to that traders in all three model markets began to learn that common market price expectation that is from their expected dividend earning with asset shares.

Monday, September 23, 2019

Career Plan Essay Example | Topics and Well Written Essays - 2500 words

Career Plan - Essay Example The quote emphasizes the fact that a proper career plan is needed for any student to achieve success in any field of study. From childhood every individual holds a dream deep down in his heart, to achieve some goal that completes or rather summarizes the meaning of success for him/her. But when faced with the harsh realities of the very real world his dreams are susceptible to change with a view to obtain a better life ,to make the world a better place to live. He/She now nurtures his/her dreams based on practical grounds. His/Her search to achieve and fulfill his wants leads him to take up a career option that will provide him/her with both job satisfaction and a better living . This is a choice that each individual should be allowed to make on his/her own, probably with a bit of useful guidance from parents/teachers as once a choice is made one cannot rethink and change it in most circumstances. A wrong choice might rob one’s life of ‘all the lovely things’ tha t he/she deserved. I made a choice for myself, a choice I still stand by . I chose Mechanical Engineering as my field of study . The obvious question that the read must be being haunted with is a broad ‘Why?’ .Well, as I grew up I felt sincere inclination towards maths and papers relating to natural sciences. There is an urge to discover, an urge to know the intricacies relating to force, power and momentum which makes me want to take up Mechanical Engineering as my field of study. Engines always had a lot of appeal to me . I wanted to know more about the ways they function, their utility which makes life so much easy for all of us in this big world. Over and above all, a need to serve mankind, a need to make life more comfortable, a need to satisfy my hunger for knowing the intricacies of the mechanical world propelled me to take up the challenging career of a Mechanical Engineer . A career as a civil Engineer, however, stands fine for me but as a second choice ofcours e . A Brief on what Mechanical Engineering and Civil Engineering are all about . Mechanical engineering plays a dominant role in enhancing economic vitality, safety and overall quality of life. Mechanical engineers are concerned with the principles of force, energy and motion. They are professionals with expert knowledge of the design and manufacture of mechanical systems, thermal devices and processes. Products and processes developed by mechanical engineers include engines and control systems for automobiles and aircraft, electric power generation plants, lifesaving medical devices and consumer products ranging from air conditioners to personal computers and athletic equipment. They also design the machines that mass-produce these products. Virtually every aspect of life is touched by mechanical engineering. If something moves or uses energy, a mechanical engineer was probably involved in its design or production. Civil engineers design and supervise the construction of roads, buildings, airports, tunnels, dams, bridges, and water supply and sewage systems. They must consider many factors in the design process, from the construction costs and expected lifetime of a project to government regulations and potential environmental hazards such as earthquakes and hurricanes. Civil engineering, considered one of the oldest engineering disciplines, encompasses many specialties. The major ones are structural, water resources, construction, environmental, transportation, and geotechnical engineering. Many civil engineers hold supervisory or administrative positions, from supervisor of a construction site to city engineer. Others may work in design,

Sunday, September 22, 2019

Products and Services Essay Example | Topics and Well Written Essays - 750 words

Products and Services - Essay Example China for instance has a long list of turbocharger manufacturers but according to research studies, there is still a room for competition. Target markets are U.S. suppliers like Honeywell International, Inc., Borgwagner, Inc, Mitsubishi Corp, IHI of Japan and other car making companies worldwide. According to a news of Bloomberg on July 27, 2010, the market for turbo charger auto part is fairly conservative, and the demand for turbochargers for cars grow from â€Å"50 percent to a range from 28 million and 30 million units by 2015, with a value of 4 billion euros ($5.2 billion) to 5 billion euros† because of the emission rules and fuel savings (Central turbos, com. Aug. 10, 2010). This news further cited that car makers are looking for suppliers of turbochargers and are willing to go into a joint venture with suppliers. Distribution system Getting this product into the market requires distribution, which could be direct or indirect, and a multi-channel system. According to Ger th, David, an author who compiled lengthy notes on marketing distribution, a distribution system is â€Å"a set of interdependent organizations that help make the product available to consumers or for further use in other business.† Some companies completely develop an alliance with its distribution channel because of the nature of its products. A channel of distribution and an alliance is needed by the turbo charger because they will perform a function here which could not be eliminated like integrating the turbo charger into the performance system of the car. It only requires a short channel length because the nature of turbocharger does not involve frequent purchases, and the product entails concentration. . For this reason, the manufacturer and supplier need to have a harmonious relationship that is called for. An indirect distribution is recommended in this kind of product since the company will not sell directly to the consumers and customers. This is a common practice of distribution when a product is in an assembly line, and being used to supply manufacturers (Tutors,net). Under this arrangement, the company will get an intermediary to his distribution chain. These intermediaries take responsibility of the product and makes sure that it reaches the customer. Conversely, direct distribution is the process of selling goods directly to consumers. Since the product is a car part, it will form part of the car package that will be sold to customer. A multi channel system of distribution is not appropriate for marketing the turbo charger as the product is not displayed in grocery or supermarket stores. A multiple channel system is commonly used when there are more than one distribution design or product brands. Channel members The turbocharger auto part is a type of product that requires a dependent channel arrangement because in this form of setup, channel members are â€Å"bound together† to work on a common goal (tutors.net), such that they f orm a stable relationship. This arrangement is also referred to as a â€Å"Horizontal Marketing Arrangement† wherein two or more companies join together to follow a marketing opportunity† (Gerth, David).For example, the XYZ company works together with Toyota Motors to produce a turbocharged car to be sold to customers. It does not need a multi-channel distribution to reach customers. Another approach of channel

Saturday, September 21, 2019

Working Capital Management Essay Example for Free

Working Capital Management Essay 1.1 Background of the Study Finance is a business term which deals with the study of fund management. If finance is to be accepted as weapon which enables an organization to pay its bills promptly it is necessarily linked with the flow of fund. The management may accept or reject a business provision on the basic of financial viabilities .It guides investment where opportunity is the greatest producing relatively uniform yard stick for judging most of a firms operations and projects and is continually concerned with achieving and adequate rate of return on investment as this is necessary for survival and the attracting of new capital. The function of finance involves three major decisions which the firm must make the investment decision, financing decision and dividend decision. An optimum combination of the three will maximize the value of the firm. In other word entire activities relating the finance are done with the help of financial management. So in this area of management there are two main functions firstly to assemble the funds necessary to initiate a new business economically and secondly to provide the basis of continue new operation. â€Å"Financial management may be defined as the part of management which is concerned mainly with raising funds in the most economic and suitable manner, using, these funds as profitable as possible, planning future operation, and controlling current performance and future developments through financial accounting cost accounting, budgeting, statistics, and other means. It guides investment where opportunity is the greatest producing relatively uniform yard stick for judging most of a firms operations and projects and is continually concerned with achieving an adequate rate of return on investment as this is necessary for survival and  the attracting of new capital(kulkarni, 1986: 76) We know that firms aim at maximizing the wealth of shareholders. In its effort to maximize shareholders wealth, the firm should earn sufficient return from the operations. Earning a sound amount of profit requires successful business activities. The firm has to invest enough funds in current assets for the success of business activity. Current assets are needed because sales do not convert into cash immediately. Investment in current assets should be just adequate or not more not less, to the needs of the business firm. It should be realized that the working capital needs of the firm may be fluctuating with changing business activity. This may cause excess or shortage of working capital frequently. The management should be too prompt to begin an action and current imbalance. Thus, the firm should have knowledge of the sources of working capital funds as well as investment avenues where idle funds may be temporarily invested. Thus the study of working capital is of prime importance to internal and external analysts because of its close relationship with the current day to day operations of a business enterprise. Management of working capital in a business enterprise is very important mainly for few reasons. Firstly, an enterprise, must determine the adequacy of investment in current assets, otherwise, it would seriously erode their liquidity base. Secondly, they must select the type of current asset suitable for investment so as to raise operational efficiency. Thirdly they are required to ascertain the turnover of current assets that greatly determine the profitability of the enterprise. Lastly they must find out the appropriate source of funds to finance current assets. It is therefore a recognized fact that any mistake made in management of working capital can lead to adverse affects in business and can reduce the liquidity turnover and profitability of the firms. Working capital management is an important decision making area of financial management of an enterprises. It requires understanding for how to raise and allocated financial resources how to relate Short-term investments, financial decisions to the overall objectives of the firm and how to relate  short-terms financial decisions to certain long term financial decision to certain long term financial decisions .(Upadhyay,1985:40) Working capital management involves the relationship between a firms Short-term assets and its short term liabilities. The goal of working capital management is to ensure that a firm is able to continue its operations and that is has sufficient ability to satisfy both maturing short-term debt up coming operational expenses. The management of working capital involves managing inventories, account receivable, account payable, cash etc. There are two concept of working capital gross concept and net concept. Gross working capital simply called as working capital, refers to the firms investment in current asserts. Current assets are the assets which can be converted into cash within an accounting year and include cash, short-term securities, debits, bills receivables and stock. Net working capital refers to the difference between current assets and current liabilities current liabilities are those claims of outsiders which are expected to return for payment within an accounting year and include creditors, bills payable and outstanding expenses. Net working capital can be positive or negative. A positive net working capital will arise when current assets exceed current liabilities. A negative net working capital occurs when current liabilities are in excess of current assets. (Pandey; 1995: 665) Working capital management is a process of short-term decision making regarding the current assets and liabilities affecting the long term operation of an organization. It is a process of planning and controlling the level and mix of current assets of the firm as well as financing these assets. It includes decision regarding cash and marketable securities, receivables, inventories and current liabilities with an objective of maximizing the overall in due of the firm. In general, the concept of working capital is synonymous with the fund available for meeting day -to- day requirements of a company. But according to a group of authorities working capital refers to the amount of investment  in total current assets only. It means they are supporting the gross concept of working capital. Thus the gross concept of working capital denotes short-term asset only, it does not include short-term liabilities. However, a business can not exist only with the current assets, it needs current liabilities too. Actually, the amount of working capital heaving depends upon the amount of current liabilities. In this sense working capital means the excess of current assets over current liabilities. Meaning of Banks Banks are very important financial intermediaries in financial market. â€Å"Financial intermediaries not only savers but also they create new financial products. They gain economics of scale in analysis of credit worthiness of potential borrowers in processing and collecting lone and minimize cost of information and make easy flow of transactions.(Peter, 1999: 4) Banks are the principal source of credit to house hold, individuals and family business all forms and local units of government Furth more, they are the source of financial information, planning and controlling. â€Å"Banking institution is inevitable for resource mobilization and all-round development of the country. It is resource for economic development; it maintains economic confidence of various segments and extends credit to people. (Ronald, 1993: p 87). Bank deal with money by accepting various type of deposits disbursing loans and investing in productive sectors and rendering other financial services as the primary function. Banks are channels between saving surplus and saving deficit people and thus they are the bridge of utilize scatter fund to productive sectors. Hence, they represent a vital role in the transmission of government economic policies (especially monitory policies) to the economy. When bank credit is expensive, the investment slows down and unemployment rises. Bank deposit represents the most significant component of the money supply used by the public, commercial banks play an important role for economic development of the country as they provide capital for the development of industry trade and business by investing the saving collected as deposits from public. They render various services to their customers facilitating their economic and  social life. About Bank of Katmandu Ltd. Bank of Kathmandu Ltd. (BOK LTD.) is a culmination of a comprehensive vision of the promoters to take the Nepalese economy to a newer realign in the global market. Each promoters of Bank of Kathmandu has successfully demonstrated leadership skill, business acumen and entrepreneurial wants his/her respective field. Bank of Kathmandu came into operation in March 1995, under the commercial bank act 2031 with the following predominant objectives. Identify business prospects not at catered by then existing commercial banks and offer new banking products and services. Introduce modern banking technology facilitating bank and business operations and transactions. Bank of Kathmandu activities globe around deposit mobilizations, Advancement of various credits, International banking including trade financing, inward and outward remittance and funds and portfolio management. The bank has introduced many facilities to the customer. Deposits of unfavorable conditions, the bank has been able to make a substantial marketing of products, expansion of areas and diversification of service using latest technology, which will ultimately, helps it to grow further. Bank of Kathmandu is committed to providing products and service of the highest standards to its customer by understanding their requirements best suiting the market needs. Bank of Kathmandu has been providing any where banking facilities, from which customer can deposit and withdraw from any of nineteen branches including head office. Bank has lunched customer oriented service such as hire purchase, educational loan, housing loan, vehicle loan, festivity loan, foreign employment loan scheme etc. bank of Kathmandu. It’s launched the mobile banking service through SMS. With the aim of providing banking services at the customer fingertips. Bok is starting internet Banking and alert service. BOK is starting internal banking and alert service very soon. Capital Structure of Bank of Kathmandu Independent and Self-Governing board, involving a pool of endowed and farsighted directors, each directors of the board has been recognized and well-acclaimed for his/her contribution in the development and growth of Bank of Kathmandu. Young, seasoned and talented bankers, each with year of banking experience and proven competency, Constitute the management team of bank of Kathmandu. In the present economic scenario the bank has to complete with other existing and new commercial bank of Nepal. It is already established itself as an innovative bank that introduces new modern technology in the banking industry. In short, BOK has made significant contribution to support the countries economic system and development effort. 1.2 Focus of the Study Financial institutions assist in the economic development of the country. The concept of financial institution in Nepal was introduced when the first commercial bank, the Nepal Bank Limited, was established in 1994 B.S as a semi-government organization. In the fiscal year 2039/040, new banking policy was introduced for the establishment of new banks by the joint investment of foreign nations. The establishment of joint venture banks gave a new horizon to the financial sector of the country. Commercial banks are the heart of the financial system, which plays significant role by collecting scattered surplus fund and delaying these funds in the productive sectors as an investment. They hold the deposits of many persons, government establishment and business units. They make fund available through their lending and investing activities to borrowers, individuals, business firms and government establishments. Bank is a business organization where monetary transaction occurs. It creates funds from its client, saving and lends the same to needy person or business companies’ in term of loans, advances and investment. So, proper financial decision making is more important in banking transaction for its efficiency and profitability. Most of the financial decisions of a bank are concerned with current assets and current liabilities. The working capital management of a bank is different from that of other  business enterprises. A bank plays a significant role to fulfill the requirement of working capital of any other type of business enterprises. It also needs efficient management. Investment in working capital of other business enterprises is a part of current assets of banks working capital and we can consider deposits and short term borrowing as a part of current liabilities. So this study is a reference regarding the working capital management. 1.3 Statement of the Problem Working capital management has been regarded as one of the conditioning factor in the decision making issue. The management of working capital is synonymous to the management of short- term liquidity. Working capital is regarded as the life blood and nerve of a business concern and is essential to accommodate the smooth operations of working capital is harmful to an enterprise to achieve its primary objectives, therefore maintaining optimal level of working capital is the cruse of the problem as it is strongly related to the trade off between risk and return. How ever it is difficult to point out as to how much working capital needed by a particular business organization. An organization which is not willing to take more financial risks can go for more short term liquidity. The more of short term liquidity means more of current assets and less of current liabilities. The less current liabilities implies less short term financing heading to the lower returns resulting from the use of more high cost long term financing , so it is very essential to analysis and find out problems and its solution to make efficient use for funds for minimizing the risk of loss to attain profit objective. Inadequate investments in working capital threaten the solvency of enterprise as well as effect its growth. On the other hand, excessive investments in working capital yield nothing. Therefore working capital should be determined in such a way that total cost of liquidity and cost of non liquidity is minimum. Hence the goal of working capital management is to manage the firm’s current assets and current liabilities in such a way that it should maintain satisfactory level. Working capital management of banks is more difficult than that of manufacturing and non manufacturing business organization. Commercial banks are great monetary institutions which are playing important role to general welfare of the economy. The responsibility of commercial banks is more than any other financial institutions. They must be ready to pay on demand without warning or notice, a good share of their viabilities. Banks collect funds from different types of deposits for providing loan and advances to different sector. To get higher return, banks must try to increase funds from deposits as well as their investment. The first motive of banking business is to borrow public saving and lend to needy people. But commercial banks always face the problem for utilizing more deposit as investment fully and productively. The gap between collection of deposits and disbursement of loan increase the cash balance on bank, which require paying its large amount of liability of banks. Some specific problems felt in this study are as follows:- 1. What are the major factors effecting the management of WC in BOK? 2. Which of the current assets are more problematic on BOK? 3. How have the firms been raising the required funds? Is the funds properly and productively utilized or not? 4. What are the components of WC which affect the operating income of BOK? 5. How have the bank been utilizing their debt capital. 1.4 Objective of the Study Research objectives are the guidelines to conducting the research at a right way. The major objective of the study is to evaluate the working capital position of bank of Kathmandu limited. The other objectives of this study are to throw light on the importance of the proper management of working capital and to make suggestion about how to manage working capital of bank of Kathmandu limited from the long rage view point. The specific objectives of the study are as follows: 1. To indicate liquidity position in current assets of bank of Kathmandu limited over the year. 2. To point out the position of current liabilities and assets of bank of Kathmandu limited over the year. 3. To analyze the need to control investment in working capital in bank of Kathmandu limited. 4. To make suggestion about removing any obstacle in making decision regarding management of working capital and to point out  alternating solution for maximizing the profit . 1.5 Significance of the Study Working capital is the size of investment in each type of current assets, each of the current assets should be managed efficiently an effectively. It is because decision regarding working capital affects not only the profit ability of the firm in the short term but also its very survival in the long run. The management of working capital should not be neglected by enterprises otherwise they will seriously erode their financial viability. As the commercial bank in Nepal are exacting greater and greater influence in the economy of the country and effective and efficient management of their current assets is needed to better the profitability of the firm. The need of the study like this arises from the real nature of the banking business and also forms the impact that it has economy of the country because the business of banks is to accept deposits and advanced loans, and the label of deposits and loans depends upon the working capital policy the study of this type will be most importance for the bankers, the economists and the public at large. It provides the literature to the researcher who wants to carry on further researcher who wants to carry on further research in this field. Therefore, it has been felt very necessary to evaluate the position of working capital management and to focus on the importance of the capital management in bank of Kathmandu limited. 1.6 Limitations of the Study None of the study can go beyond the boundary of some limitations and this study is also not an exception. The scope of the present study has been limited in terms of period of study as well as sources and nature of data. The following are the major limitations of the study. 1. This study is considered only bank of Kathmandu limited and based on secondary data. 2. This study focused on working capital management of bank of Kathmandu limited only. Thus the findings of the study may not be applicable for other bank so the study cannot judge other financial aspects of the bank. 3. Only main financial tools and statistical tools are employed for analyzing the working capital management. 4. The study only covers the period of five  fiscal years from 2059/060 to 2063/ 064. 5. This study is basically done as the requirement for the partial fulfillment of masters of Business studies (MBS) of Tribhuvan university (T.U.) 1.7 Organization of the Study The study has been divided into five chapters. They are as follows:- 1. Introduction The first chapter deals with introduction, background of the study, limitations of the study and organization of the study. There fore, this chapter is for brief introduction of the topic and it highlights the fundamental objectives. 2. Review of literature The second chapter deals with the review of related literatures and available studies Written and prepared by different experts and researcher in the field of working capital. 3. Research Methodology The third chapter presents the research methodology used in the study. It deals with research design, population and sample. Nature and sources of data date processing procedure, tools and techniques of analysis. 4. Presentation and Analysis of Data The fourth chapter is the main part of this research that deals with the presentation analysis and interpretation of data. Different types of tools and technique have been used to analyze the available data in order to achieve the set objectives. 5. Summery, Conclusion and Recommendations The fifth chapter presents the summary and conclusion of the study based on the analysis of data and also provides recommendation for the improvement of working capital management of bank of Kathmandu limited. CHAPTER- 2 Review of Literature This chapter is concerned with the review of relevant literatures available in the books, journals articles research reports, newspapers, magazines, policy documents which are published or unpublished. Every study is very much based in past knowledge study and experiences. The past knowledge or the previous studies should not be ignored as it provides foundation to the present study various thesis works have done indifferent aspects of working capital of different organization are also review for the purpose of justifying the study . 2.1Conceptual Framework The management of the funds of business can be described as financial management. Financial management is mainly concerned with two aspects. Firstly, fixed assets and fixed liabilities, which are concerned with current uses and sources of funds. Both of these types of funds play a vital role in business finance. Business firms need various types of assets in order to carry out its operation. Some assets are required to meet the needs of regular production and same other are required specially to meet day to day expenses and short term obligations. The assets such as cash, marketable, securities, account receivables and inventories which are know as current assets are required to maintain at a certain level depending upon the volume of production and sales. The cash and marketable securities are respectively considered as purely liquid and near liquid assets where as the account receivable and inventories are not. However they can be liquidated as and when necessary within a period of less than one year. The capital invested on these assets is known as working capital. In short working capital is the sources of financing current assets and it includes shorts as well as long term financing. Firms need cash to pay for all their day to day activities. They have to pay wages, pay for raw materials, pay bills and so on. The money available to them to do this is known as the firm’s working capital. The main sources of working capital are the current assets as these are short term assets that  the firm can use to generate cash. However the firm also has current liabilities and so these have to be taken account of when working out how much working capital a firm has its disposal. Working Capital is there fore:- Thus working capital is the same as net current assets, and is an important part of the top half of the firm’s balance sheet. It is vital to a business to have sufficient working capital to meet its entire requirement. Many businesses have gone under not because they were unprofitable but because they suffered from shortages of working capital. By the definition of various experts of working capital management we conclude that all institution whether private or public financial institution manufacturing or non manufacturing that need just adequate working capital to compete with competitive market . It is because over or under adequacy of working capital is dangerous from the firms objective points of view over investment on working capital effects the firms profitability just as idle investment. on the other hand under investment on working capital effects the liquidity position of the firm and causes to financial hindrance and failure of the company . It is therefore a recognized fact that any mistake made in management of working capital can cause to adverse effects in business and reduces the liquidity turn over and profitability and increases the cost of financing of the organization. â€Å"The objective of managing working capital is to aid in the value maximization of the firm by minimizing the cost of working capital. The level of working capital also differs by the types and nature of business. The cost of maintaining the working capital depends on the sources of finance used. The short-term sources generally cost less than the long term sources but they are riskier. (Pradhan, 1992: 148) 2.2 Concept of Working Capital There are two schools of thoughts or concepts regarding the meaning of working capital. According to one school of thought, working capital is meant for the currents only. It is concerned nothing with the liabilities  side. According to other school of thought working capital is the excess of current assets over current liabilities. The former concept which can be termed as gross concept, is important to newly established companies where liabilities have not been acquired immediately , but the lattes one which can be term as net concept is important for both newly established and operating concerns where some amount of current liabilities has been maintained for payment of different creditors, income taxes, bill payable, secured and unsecured loan etc. The term current assets refers to those assets which in the ordinary course of business can be or will be turn into cash within one year without undergoing or diminishing in value and without disrupting the operations of the firm such as cash, Marketable securities, accounts receivables and inventory etc. current liabilities are those liabilities which are intended at their inception to be paid in the ordinary course of business such as accounts payable, bank overdraft and outstanding expenses etc . Mainly there are two concepts of working capital gross concept and net concept. Gross Concept In a simple term gross concept of W/C means investment in current assets in other words, gross working capital is the total amount of available for financing of current assets .However it does not show the real financial position of a business firm. According to this concept the working capital may be classified as capital invested in the various types of current assets such as cash, inventories, receivables etc. This classification important from financial managers point of view as it lays emphasis on the various areas of functional responsibility but it totally ignores the time which is very important in the formulation of procurement polices. From the view of I m pandey gross working capital refers to the firms investment in current assets. C/A are the assets which can be converted into cash within an accounting year and include cash short term securities debtors bills receivables and stock. Net Concept Gross concept of W/C is the narrow concept which is only concerned with the  study about total investment of current assets .In the other hands, net concept of W/C is a broad concept which focuses to long term view of working capital. under the concept of net W/C it studies current assets and current liabilities as differently. Todays market is heterogeneous every changed in environment and other factors bring changes of demand needs and wants of customers at the same time so every business firms have to be made their W/C policies to fit the new environment thus, Net W/C concept should be studied to know the portion of current liabilities. How much current liabilities should be managed to how much current assets? Net W/C is an accounting concept, which represents the excess of current assets over its current liabilities. current assets consists of cash, bank balance, stock, debtors, bills receivables etc and current liabilities consists bills payable, creditors, outstanding expense s etc. Excess of current assets over current liabilities, thus, it indicates the liquidity position of an enterprises. From the view point of I .M pandey, the term net working capital refers to â€Å"the difference between current assets and current liabilities. Current liabilities are those claims outsiders which are expected to nature for payment within an accounting year and include creditors, bills payable and outstanding expenses. Net working capital can be negative or positive. A positive Net W/C will be arise when capital occurs when current liabilities are in excess of current assets† (Pandey;1995;p730 ) 2.3 Classification of Working Capital Working capital can be classified into two types:- 1. Permanent or fixed working capital 2. Temporary or variable or fluctuating working capital A firm’s permanent working capital is the amount of current assets required to meet long term minimum needs. Temporary working capital on the other hand is the investment in current assets that varies with seasonal requirements. figure in below illustrates the firms changing needs for working capital over time while highlighting both the permanent and temporary nature of those needs. Permanent working capital is similar to the firm’s fixed assets in two important respects. First, the amount invested in both of these asset groups  is long term. Therefore supplies of capital to the firm need to realize that the funding needs for permanent current assets is long term despite the seeming contradiction that the assets being financed are called â€Å"Current†. Second, for a growing firm, the level of permanent working capital needed will increase over time in the same way that a firms fixed assets will need to increase over time. However, permanent working capital is different from fixed assets in one very important respects- it is constantly changing permanent working capital does not consists of particular current assets staying permanently in place , but is a permanent level of investment in current assets, whose individual items are constantly turning over. Like permanent working capital, temporary working capital also consists of current assets in a constantly changing form. However since the need for this portion of the firms total current assets is seasonal, we may want to consider financing this level of current assets from a source which can it self be seasonal or temporary in nature. (Van Horn; 1996: 205) Thus the permanent working capital refers to that level of current assets which is required on a continuous basis over the entire year and the temporary working capital represents that portion of working capital which is required over permanent working capital. 2.4 Objectives of Working Capital A bank undertakes many transactions daily. Sometimes, customers deposits large quantity and sometimes withdraw from their deposits in high quantity. Investment fund of banks is covered by deposit collections of different types of account holder. A bank should have to pay the money to depositors when they want to withdraw. For daily operation of office and to meet the administrative expenses, a bank should have certain level of working capital. Working capital is required to run the business smoothly and efficiently in the context of the set objective. It is no doubt that no company can achieve its goal without proper use of working capital. Therefore it can compare as lifeblood to the organization. The main objectives of arranging capital are as follows: 1. To pay to depositors 2. To maintain cash reserve ratio (CRR) statutory liquidity Ratio (SLR) 3. To satisfy the customers by granting loans promptly and increase the attraction of business etc. 4. To meet the administrative expenses, perform the task as per objectives of business and run the business smoothly. 5. To fulfill the present need of business as well as get ready for risk and economic fluctuation in future. 2.5 Need of Working Capital Working capital is maintained at bank by current saving fixed deposit collection. Specially to grant loan and to pay cheque, creditors and account holders demand the liquidity. Generally banks need liquidity for maintaining following goals. 1. Transaction Motive 2. Security Motive 3. Speculative Motive Figure 2.2 Need of working capital 2.6 Determinants of Working Capital The total requirement of working capital is determined by a wide variety of factors. The influence of these factors is different in different business organizations. Perhaps none of them can neglect the management of adequate w/c. Therefore, an analysis of the relevant factors should be made in order to determine the total investment in w/c. The description of the factors which generally influence the w/c requirement of the firm is given below 1) Nature and Size of Business The working capital requirement of a firm is basically related to Nature and size of the business organization. If the size of the business is small, then it requires less working capital but if the business organization is bigger, it requires more working capital. Financial and training institution have needed very high amount of w/c. Public utilities have a very limited need of w/c and have to invest abundantly in fixed assets. Their working capital requirements are nominal. 2) Production Policy We just noted that a strategy of constant production may be maintained in order to resolve the working capital problems arising due to seasonal changes in the demand for the firm’s product. A steady production policy will cause inventories to accumulate during the off season periods and the firm will be exposed to greater inventory costs and risks. Thus, if cost and risks of maintaining a constant production schedules in accordance with changing demand. Those firms, whose productive capacities can be utilized for manufacturing varied products can have the advantaged of diversified activities and solve their working capital problems. (Pandey; 1995: 675) 3) Operating Efficiency Operating efficiency of the firm means the optimums utilization of resources at minimum cost .The firm cannot effectively contribute to its working capital when the operating efficiency is low. Working capital turnover is improved with a better operation and financial efficiency of a firm, efficiency of operation accelerates the face of cash cycle and improves the working capital turnover . It releases the pressure on working capital by improving profitability and improving the internal generation of fund. 4) Manufacturing Cycle Manufacturing cycle starts with the purchase and use of raw material and completes with the production of finished goods. Longer the manufacturing cycle larger will be the firms working capital requirements. An extended manufacturing time span means large tie-up funds in stocks. Thus if there are alternative way of manufacturing cycle should be chosen, once a manufacturing process has been selected , it should be ensured that manufacturing cycle is completed with in the specified period . This need proper planning and coordination at all levels of activity non manufacturing firm financial and service oriented enterprises do not have manufacturing cycle .(Pandey ; 1995: 674) 5) Profit Margin The net profit is source of working capital to the extent that has been earned in cash. The earning capacity of the different firm can not be equal.  In the words of I.M .Pandey some firms enjoy a dominant position due to quality product or good marketing management or monopoly power in the market and earn a high profit margin. Higher profit margin contributes to more working capital. The level of working capital is determined not only by the profit margin , but also by the way of appropriation for taxations, dividends, reserves and depreciation only after providing for these items internal funds can be set a side for working capital . As the provisions for these items are higher the amount of working capital will be lesser. 6) Level of Taxes The level of taxes is one of the important elements, which is also influences working capital requirement of a firm. The amount of taxes to be paid in advances is determined by the prevailing tax regulations. But the firms profit is not constant or cant be predetermined. Tax liability in a sense of short- term liquidity is payable in cash. Therefore the provision for tax amount is one of the important aspects of working capital planning. If tax liability decrease, it needs to decrease the working capital and vice -versa. Besides the above factors there are many other factors also which may have a greater role in determining the size and composition of working capital for example firms attitude to take risk, credit policy, firms policies toward the financial management in the inflationary period, co-ordination among production, distribution, developed transport and communication system etc could also play an important role in determinants effects both temporary and permanent working capital.

Friday, September 20, 2019

The Relevance Of Legal Positivism

The Relevance Of Legal Positivism I have chosen to critically examine The Contemporary Relevance of Legal Positivism by Professor Brian Z Tamanaha who has written on the topic of legal positivism, and this is a legal theory that greatly interests me. Though the title suggests otherwise, in his article Tamanaha argues a particular point that in its current state legal positivism fails to engage with real world matters.  [2]  Tamanaha goes on to suggest that legal positivism has been emasculated  [3]  to the point where it is no longer a relevant legal theory, as modern discussions on legal positivism have drastically shifted away from the original ideas of legal positivism proposed by Bentham and Austin. However, to make such claims effectively requires compelling evidence, and this is something that the article plainly lacks. Moreover, Tamanahas article is full of presumptions, which one can only assume that he has misinterpreted many of the theoretical debates between key characters within legal positivism. As a result, this dissertation will argue that although Tamanaha makes some important points, overall there are too many inaccuracies within the article, which make it weak and unpersuasive. There are three particular arguments that will be pursued in this dissertation. Firstly, it will be argued that Legal Positivism does in fact deal with real world matters. Secondly, that the separation thesis supported by Hart is in fact false and Tamanaha may have misunderstood his work. Thirdly, it will be argued that Tamanahas alternative is not the way to move forward; in fact we should move in a completely different direction and focus more on science rather than descriptive theory. Legal Positivism and Real World Matters To begin with, we need to clarify that Tamanahas article is not without value, as Tamanaha has made some valid arguments, which cannot be disputed. Throughout his article, Tamanaha gives us a good account of what traditional legal positivism stood for and how contemporary legal theorists have transformed this important legal theory. As a result, it is only necessary to give a brief account of the historical background of legal positivism at a later stage in the dissertation. For now, we will turn our attention to the issues within the article, the most problematic claim in the Tamanaha article is one where he states that legal positivists have divided into two different groups whereby both argue about legal theories and turn their backs on real world matters.  [4]  This is something that I strongly disagree with and will be spending a large section of the essay arguing against this point. Apologies are made in advance, as it may seem to the reader that we are going off on a tangent but it will become clear at the end of this section that Tamanaha has made a critical mistake in making this claim. My line of argument will be to look at Brian Lieters writings in Legal Realism and Legal Positivism Reconsidered and dispute Tamanahas statement through the link between American Legal Realism and Legal Positivism. Leiter argues at the outset the there are two common misconceptions within jurisprudence that he wants to rebuff. Firstly, that Legal Positivism a nd Legal Realism are not incompatible from a conceptual level. Secondly, that Legal Realism has been gravely misunderstood even by the central character of modern legal positivism, Hart.  [5]   It seems in Leiters view that only by comparing Legal Realism to Legal Positivism on a conceptual level can Hart argue that they are opposed to one another. He adds on that Positivism is essentially a theory of law-a theory, in part, about what is distinctive of any societys legal normsRealism is essentially a descriptive theory of adjudication, a theory about what it is judges really do when they decide cases.  [6]  In order for Legal Realism to work it must presuppose a theory of law and this is where according to Leiter Legal Positivism comes in.  [7]  Leiter admits that Legal Realism cannot ascertain to be a theory of law on a conceptual level because quite frankly is it a philosophical mess but he suggests that there are links between Legal Positivism and Legal Realism on an Empirical level. The empirical level will consider whether or not legal rules causally determine judicial decisions. Leiter goes on to add that even though Hart was aware of this possibility he has n ot given a convincing argument to dispute the link at the empirical level.  [8]  One has to wonder why Hart stayed clear of such debates, was there something he was afraid of discovering. Leiter is insistent that anyone writing on Legal Realism should fully understand what it stood for before attempting to define what it is or what it does. He adds on that many of the main characters within Legal Realism like Llewellyn, Frank, Radin, Moore, Yntema, Cohen, Oliphant, Green, and Hutcheson wanted to achieve the goal of understanding judicial decision-making and, in particular, shared certain substantive views about how adjudication really works.  [9]  Leiter presses the argument that Legal Realism is a descriptive theory about how judges actually decide cases based on the facts of the cases instead of looking at legal rules. Although, it does seem clear that judges can predict cases if they fall within distinct patterns. This process allows judges and lawyers to predict the outcome of a case where the facts fall within a situation type which the outcome of that type has already been determined.  [10]  Oliphant clarifies this point when referring to commercial law and dealings between parties and the fact that judges may rely on commercial norms  [11]  (i.e. what would reasonably be expected of both parties in this situation) in order to decide a case. Therefore, it seems that Realists wanted to identify and describe the way in which decisions are made by judges.  [12]  This is very similar to the way in which conceptual analysis works, which demonstrates that there is some sort of link between Legal Realism and Legal Positivism. Legal Realists wanted to push forward the idea of an empirical theory of adjudication as it gave us the best opportunity to fully understand judicial decisions.  [13]  Of course, such a theory would only work if Realists were able to presuppose an existing theory of the concept of law.  [14]   Leiter, like many others before him makes it clear that Legal Positivism is a theory of law or about the nature of law.  [15]  What this tells us is that we must use this theory as a way of understanding and analysing our concept of law. This is a task which involves establishing the criteria of legality  [16]  and determining whether a certain norm is a legal norm. Leiter then covers the two most important theses of the Positivists theory. The social thesis (which concludes it is society which decides what will count as law, social fact) and the separation thesis (which states that what the law is and what it ought to be are separate questions).  [17]  If Leiters work is read carefully, it will become clear where Hart went wrong in his analysis and the fact that Hart offers no conclusive arguments to rebut the connections between Legal Positivism and Legal Realism. So if Hart misunderstood Legal Realism himself it is inevitable that those who read Hart and interpret his work will be making the same mistakes. There are two clear arguments as to why Legal Realism and Legal Positivism are connected. Firstly, both Legal Realists and Legal Positivists accept that law is indeterminate. According to Leiter, Realists argue that trying to determine if a law is justified, based on legal rules has not worked in the past and that is not something that Realists want to do.  [18]  Therefore, Realists only wanted to find out what it is that makes judges decide cases in this way. Similarly, Hart accepted that legal rules are indeterminate because there is a limit, inherent in the nature of language, to the guidance which general language can provide.  [19]  This was because language is, in Harts opinion, open-textured: There will indeed be plain cases constantly recurring in similar contexts to which general expressions are clearly applicable (If anything is a vehicle a motor-car is one) but there will also be cases where it is not clear whether they apply or not. (Does vehicle used here include bicycles, airplanes, roller skates?). The latter are fact-situations, continually thrown up by nature or human invention, which possess only some of the features of the plain cases but others which they lack.  [20]   This then makes it clear that even the most celebrated 21st century legal positivist is aware that there are similar features between Legal Positivism and Legal Realism. The second argument is that both Positivists and Realist agree that legal rules do not determine decisions in some cases.  [21]  Realists for example argue that it will be up to judges to decide how the use a range of tools available to them when interpreting previous decisions. As Llewellyn puts it judges have the discretion to interpret a case strictly or loosely and that in most cases their interpretation will be recognised, legitimate, honorable.  [22]  It is through adjudication that private parties, such as individuals or corporations are able to sort out legal disputes. In addition, adjudication is there to review any disagreements between private parties and public officials. If then judges are involved in the legal process whereby they have to assess evidence and arguments presented to them about leg al issues surely this is something which can be considered a real world matter. Tamanaha has failed to consider these sorts of arguments in his article and as a result has opened himself up to criticism. Contrary to Tamanahas argument, Legal Positivism does deal with real world matters, as adjudication is a real world matter. Legal Realism is about highlighting how law operates in practice, and Realists wanted to locate law in its broader context (not separate). Leiter also points out that Realists challenged the myth of legal certainty- by highlighting indeterminacy of law. More importantly to our task here, it is clear that Legal Realism concerns law and study of law as an inherently practical activity associated with the real world.  [23]  As a result, these findings suggest that Tamanaha was wrong to make such an erroneous claim without looking at the evidence to back up his premise. There are also a number of other faults with Tamanahas article. In an attempt to convince the reader, Tamanaha has selected specific writings about legal positivism, which heavily criticise it in order to suit his side of argument, whilst ignoring arguments that are made in favour of legal positi vism. He quotes Waldron who said that these analytical discussions tend to be flat and repetitive in consequence, revolving in smaller and smaller circles among a diminishing band of acolytes  [24]  . What Waldron believes is that we should go back to traditional legal philosophy in order to improve our understanding of the concept of law. He states that in legal philosophy: there is less of a sense of a canon of great books stretching back to the dawn of time. If there is canonical work it is H.L.A Harts book, The Concept of Law, which analytical jurists read over and over (and the squabble amongst themselves as to what it means and whose position is now closest to what Harts is taken to be). Since Hart Developed his theory by criticizing the nineteenth-century jurisprudence of John Austin, there is also some half-hearted discussion on Austins work. Beyond that however, the canon of legal philosophy is attenuated and non-existent.  [25]   Of course, it is true that there hasnt been any standout publication on legal philosophy after Hart published The Concept of Law, but that does not mean that we should go back to the traditional ideologies on legal philosophy. Hart proved that some of the original ideas behind legal philosophy are unpractical in a modern society thus is it unproductive to keep applying them when trying to ascertain our concept of law. So common sense and reality would make us reject what Waldron suggests. Tamanaha then considers Twining, who has asserted that positivist debates are now repetitious, trivial, and almost entirely pointless.  [26]  Twining comes across as a great admirer of Bentham whose work is highly valued, however, Twining believes that Bentham should not remain as a historical figure in legal philosophy. For Twining Benthams à ¢Ã¢â€š ¬Ã‚ ¦version of legal positivism; a more flexible and subtle conception of sovereignty than Austins; his penetrating attack on natural right; his progressive ideas on punishment; and his theory or adjudication  [27]  remain important topics. In fact, Twining goes one step further to suggest that we should go beyond Benthams work and look at the work of Augustine and Plato to help us understand issues we deal with today.  [28]  Whilst Benthams work was crucial, it is important to remind ourselves that what he produced was suited for the 19th century, thus it seems unlikely that it will be beneficial in dealing with issues in a contemporary society. With regards to going beyond Bentham, it is impossible to conceive how ancient ideologies would help us deal with modern issue and therefore Twinings suggestion is on the verge of being absurd. Tamanaha also refers to Schauers work to argue that large numbers of American law professors believe that analytical jurisprudence in general, and the debates about legal positivism in particular, are the largely irrelevant preoccupation of a small group of socially unaware but philosophical obsessed pedants.  [29]  The simple explanation to this is that almost everyone involved in legal philosophy is a positivist.  [30]  Even Tamanaha accepts that legal positivism is the dominant legal theory of law, as the first paragraph of his article states that: Most legal philosophers agree that legal positivism is the dominant theory of law today.  [31]  As a result, it is extremely difficult to argue on anything more than marginal issues as the main issues have already been agreed upon. Therefore, until we have another philosopher like Dworkin or Hart who is able to come up with new and radical ideas, unfortunately, marginal arguments is all that is left for contemporary legal positivists to debate. Tamanaha has presented some inconsistent arguments in support of his position. Right at the outset, he admits that legal positivism is by far the biggest camp within legal theory  [32]  but at the same time attempts to argue that it is no longer relevant. It is simply irrational to describe a theory as being both dominant and irrelevant at the same time, Tamanaha has either set out his article to be extremely provocative, or he has not really planned his arguments. Nonetheless, Tamanaha then moves on to explaining why legal positivism has reached this point of being irrelevant. One of his arguments is that for much of its existence, the primary foil for legal positivism has been natural law theory. But natural law theory no longer has the primacy it once did.  [33]  Yet, Tamanaha then says that due to an agreement reached by natural law theorists and legal positivists on certain issues legal positivism has lost and important reason for being.  [34]  It is astonishing how a professor who, according to Washington University in St Louis, is a renowned jurisprudence scholar and author  [35]  would make this sort of argument. Natural law theory might have hampered the complete domination of legal positivism but Tamanaha himself admits that natural law theory no longer has the primacy it once did. How can a legal theory lose a reason for being if it is still the dominant theory after all this this time? In fact, Tamanaha is completely wro ng as legal positivism is easily the best theory of law and there does not seem to be a theory out there that can match it.  [36]  Tamanaha seems to be confused as to what legal positivism stands for, namely that it seeks to provide a better understanding of the nature of law  [37]  and if a new idea comes along positivists are willing to adopt it. Churchill once said, I am an optimist- it does not seem to be much use being anything else.  [38]  It has become clear that Tamanahas reasoning as to why legal positivism is in a problematic state is completely flawed as natural law only had a marginal effect on the dominance of legal positivism. The most surprising error in Tamanahas article is his attribution to Harts success in the Concept of Law as on one of the reasons legal positivism has reached this point. Tamanaha writes that Hart established the parameters of the current understanding of legal positivism. Tamanaha goes on to add that legal positivism today remains trapped within Harts paradigm.  [39]  Either Tamanaha has misunderstood Harts writing or he has completely failed to grasp it. Hart made it clear in The Concept of Law that his interpretation of the concept of law is quite open in that it does not forbid the extension of the term.  [40]  Therefore, how can legal positivism be trapped in Harts paradigm if Hart himself has admitted that this is not a conclusive answer of what the concept of law is and that from time to time this term will need to be expanded in order to be applicable in a modern society. Tamanaha could at least afford Hart the courtesy of fully reading and understanding his work befo re making such erroneous presumptions, which do not portray Harts objectives. Yet, Tamanahas misinterpretation of Harts work does not stop there. One of his other arguments is that legal positivism through the separation thesis allows us to be in a better position to challenge evil law. Tamanaha relies on a quote from Hart who said that: So long as human beings can gain sufficient cooperation from some to enable them to dominate others, they will use the forms of law as one of their instruments. Wicked men will enact wicked rules which others will enforce. What surely is most needed in order to make men clear sighted in confronting the official abuse of power, is that they should preserve the sense that the certification of something as legally valid is not conclusive of the question of obedience, and that, however great the aura of majesty or authority which the official system may have, its demands must in the end be submitted to a moral scrutiny.  [41]   According to Tamanaha, only if we separate the question of law and morality we can be in a position to judge whether a law is moral or not, Tamanaha writes that Hart is Reminding everyone of the separation between law and morality, according to this view, should enable citizens and legal officials to recognize, resist, and disavow evil law.  [42]  To drive this point home Tamanaha also relies on Schauers work,  [43]  but in a few pages within the same work Schauer concludes that the separation of law and morality does not necessary allow people to resist bad law.  [44]  To add further misery to Tamanahas argument, Bix writes that there are no conclusive arguments either logical or psychological, for favouring legal positivism or natural law theory (or any other alternative) for the resistance to evil law.  [45]  Again, Bix is another source Tamanaha has quoted in his article but somehow he has either misread his own sources or has chosen to simply construct them in a way which would better suit his argument. In summary, it has become clear that Tamanaha has presented a number of unfounded arguments, which can easily be rebutted. In fact, some of his arguments come across as unprofessional and it is surprising that that someone who is highly regarded in legal philosophy would see any value in presenting such arguments to the reader. Having discovered that Tamanahas claim that legal positivism does not connect with real world matters is misguided, we will now move on to the second part of the dissertation, which will argue that contrary to Tamanahas belief the separation thesis is in fact false. Separation Thesis is False One of the key arguments Tamanaha makes in the article is that the shift away from traditional legal positivism has had a wider affect to the point that one of the fundamental ideas behind it namely, the separation thesis, has been dramatically transformed to a point where it no longer resembles the original ideas.  [46]  Looking at legal philosophy from a historical context, it is clear that Benthams contribution helped shape the way in which law is perceived today. As a result, it would be almost impossible to talk about legal positivism without mention his work. Classical legal positivism as portrayed by Bentham and Austin suggests that the notion of law is simply a command of the sovereign, which obliges subjects to obey the law and gives official authority to carry out punishment. Modern legal positivists adopt a considerably more sophisticated approach to the concept of law, but, like their distinguished predecessors,  [47]  they deny the relationship between law and mo rals.  [48]   Bentham single-handedly sought to transform English common law in order to achieve a greater good in society.  [49]  Through his critical analysis of the common law Bentham made it possible to construct a comprehensive theory of law. Bentham wanted to unmask the true meaning of the common law and make all of the common laws misconceptions clearer.  [50]  In his opinion, the common law was so indeterminate, and in such chaos that it was close to being pervasive. His main argument was that in order to achieve clarity and certainty common law had to be written and recorded in a manner, which could be traced when a similar legal issue arises, thus allowing for them to be deal with in the same manner throughout England.  [51]  Bentham wanted to organise the common law in a way that it could control the behaviour of society as citizens would have a clearer idea of how they would be punished if they disobeyed the law.  [52]  In addition, by systematically setting these rules it meant judges had less power in making the law and it made it easier to understand your legal rights and obligations. John Austin followed in the work of his predecessor as he advocated the idea of commands as notions of law. Austin was concerned about state power and which laws subjects had to obey. It can be argued that both Bentham and Austin wanted to achieve a greater understanding of the principal features of the law. However, it has been suggested that Austins definition of law as commands is limited in its application only to criminal law.  [53]  In addition, other writers have observed that whilst Bentham was concerned about a single complete law Austin wanted to create a science of law.  [54]  Austin also made it clear that what the law is and what it should be are two separate questions and they should always stay separate.  [55]  It is in no doubt that Bentham and Austin laid the foundations for modern legal positivism. However, their ideas have been considerably refined, developed, and even rejected, by contemporary legal positivists. H.L.A. Hart is often credited with providing a more sophisticated account of legal positivism than provided in Bentham and Austins writings. In doing so, Hart advises us that we must apply analytical, linguistic and philosophical techniques to the study of law in order to achieve a greater understand of the concept of law.  [56]  In The Concept of Law, Hart made this point clear from the outset in the preface that his task is about achieving a descriptive sociology [or in other words, hermeneutic description] thus a deeper meaning in the nature of words and law.  [57]  Hart considers legal concepts and the ideals we may have about the law and legal systems in a different point of view. He asks questions which had not been asked before, focusing specifically on the conceptual context of law. Whilst advocating some of the previous ideas about legal positivism, Hart strenuously denies that law should be seen as an imperative theory of law.  [58]  Harts interpretation of posi tivism is completely different to the accounts given by Bentham and Austin. This may be because society has changed dramatically since their time; as a result, contemporary legal positivism focuses less attention on a coercive picture of law. Hart made it clear that the only way to understand the true nature of law is to look at actual social practices that apply within our own communities.  [59]   Law, in Harts analysis, is a system of rules, which our society constructs and transforms as time goes by. Legal rules are divisible into primary rules and secondary rules.  [60]  Primary rules prohibited committing certain acts which would have jeopardised the close coexistence in our community (e.g. theft, murder etc.). However, as a society becomes more complex, there is obviously a need to change these primary rules, hence why Hart advocates secondary rules. Unlike primary rules, secondary rules do not generally impose duties, but usually confer power to adjudicate on breaches of primary rules, and to identify which rules are actually obligation rules.  [61]  For Hart, there are tw

Thursday, September 19, 2019

How To Annoy People Essay -- Process Essays

How To Annoy People This paper will attempt to explore how to annoy people in many different situations these categories are as follows: how to annoy people in restaurants, chat rooms, while driving, and in the grocery store. Also explored are annoying your roommate, your neighbors, public bathroom stall mates, your teacher or professor, and the police. The following are guaranteed ways to annoy at your favorite restaurant: Decline to be seated and simply eat their complementary mints by the cash register. Pretend you do not understand what your server is saying no matter how much he/she yells or how slowly they say it. Ask your server for an extra seat and place setting for your imaginary friend. Wander around the restaurant asking other diners for their parsley. Slurp your soup. Eat out with your friends and forget your wallet. Order a side of pork rinds with your filet mignon or pay for your dinner with pennies. Getting a rise out of people by annoying the heck out of them was never this easy before chat rooms. First, ONLY TYPE IN UPPERCASE or only type in lowercase, and dont use any punctuation either. Invent nonsense computer jargon in conversations and see if people play along to avoid looking ignorant, if they ask what it means be demeaning and rude rather than giving them an explanation. TalkLikeThisInChatRooms. CapitalizeTheBeginningOfEveryWordAndNeverUseSpaces. YouHaveNoIdeaHowAnnoyingThisCanGet. On the other hand, you could simply capitalize letters that ShouLDn't bE capitalized. Go into random chat rooms and say "Turkey," then leave and every 5 minutes, on the dot, send someone an instant message saying "Turkey" as well. Choose someone you do not like and annoy him/her until he/she leaves the chat room. Use the "find member" command and follow this person all over whatever online service you use. This may get you permanently kicked out of all the chat rooms, so make it worth it. Finally, e-mail some random person in a chat room and ask them why they keep harassing you. If your passengers are annoying you, get relief by annoying the other drivers around you. When driving at a slower speed, stay in the left-most lane and when there is a lot of traffic behind you, always drive 8-20 MPH slower than the speed limit. These will definitely get you the finger by everyone who finally gets past you, so use sparingly if weak hearted. When dri... ...assignments, or write your psychology paper on possible genetic anomalies that might cause a person to prefer anchovies. Finally, pwetend you have a speech impediment and awways type w's whenevew you weawwy want to type r's or l's. The last category in our exploration on how to annoy people is the police. We will call this category "How To Be a 3 Time Loser on Your First Dealing With The Police." If you really want to annoy the wrong person, simply use one of these lines the next time you get pulled over: "Aren't you the guy from The Village People?" or "Didn't I see you get your butt kicked on COPS?" You could also try "I pay your salary," "I thought you had to be in relatively good shape to be a police officer," "You're not going to check the trunk, are you," or "So, are you on the take, or what?" I do not recommend the next line unless you would like to experience police brutality, but here it is anyway: "Wow, you look like the guy in the picture on my girlfriend's night stand." I end this paper with my favorite how to annoy a police officer line which is "I was trying to keep up with traffic. Yes, I know there are no other cars around, that's how far they are ahead of me."

Wednesday, September 18, 2019

Nat King Cole Essay -- essays research papers

Nat "King" Cole Music is a universal language, a language that many can speak; however, one that only few can master. One of those masters was Nat "King" Cole. A true legend, Nat not only could carry a song with his voice, but also through his incredible skills with the piano. Today, Nat is most remembered for that soft, soothing and so powerful voice; however he is recognized as one of the greatest jazz pianists of all-time. The man today known as Nat "King" Cole was actually born in Nathaniel Adams Coles, in Montgomery, Alabama on March 17, 1917. By the age of four, his father, Edward James Coles Sr. and his mother, Perlina Adams Coles, decided it would be best that the family move to Chicago. By the time Nat reached four years of age, his father quit his job as a grocer and moved his family to Chicago, where he became a preacher. This decision would have had a huge impact on the family as a whole, but especially in the case of Nat. Moving to Chicago was the first step in Nat’s rise to fame, the place where the foundation of a jazz superstar would be built. As a child, Nat dreamed to be a big band leader and soloist in the tradition of his idol, Earl "Fatha" Hines. By twelve years old, Nat was already playing the organ at church, amazing for such a young man only trained by his mother. Later, Nat would be enrolled in formal piano lessons, which only further add to his impressive repertoire. At fifteen years old, Nat decided to drop the "s" in his name, to become Nathaniel Adams Cole. By the age 17, Nat formed a 14-piece band, composed of students from both Wendall Philips and Dusable High schools in Chicago. The band would go around Chicago, working for as little as $2 or $3 a night. In 1936, Nat made his first recording for Decca, as part of his brother Eddie’s band, the Solid Swingers; however, his time with the band would not last. Later in 1936, Nat left Chicago for Los Angeles, where he would eventually land his big break. In Los Angeles, Nat joined a Eubie Blake’s revival of "Shuffle Along", in 1936. Here he worked with a dancer Nadine Robinson, who would later become his future wife. Nat continued his role in the musical until it disbanded in Long Beach California, in 1937. When Shuffle’s run was ended, Nat became intensely involved in the c... ...f his time. During his heyday, he was as popular as anyone, including the legendary Frank Sinatra. This is even more remarkable when one takes into account the fact that Nat refused to play in segregated halls – his popularity was such that he was one of the few African-Americans who could do so. 	On February 15, 1965 the music world lost one of its greats. By the time his life was over, he was already a legend, having influenced the likes of Oscar Peterson and Ahmad Jamal. Nat had performed with some of the best including Duke Ellington and performed for some of the best, including the Queen ¨, he was even friends with John F. Kennedy. Though he is often remembered today as a great singer, he was also one of history’s greatest jazz pianists. It is said that as a pianist, he developed the intricate right-hand style of initiated by Hines and the sparse left-hand of Count Basiel. His records have been released and re-released and even to this day they are still popular. Through the marvels of modern technology, Nat and his daughter, Natalie (who is also a well-known artist) were reunited for a rendition of the classic, "Unforgettable", which he certainly is.

Tuesday, September 17, 2019

Comparing Hamlets Treatment of Ophelia and Gertrude :: comparison compare contrast essays

Hamlet's Treatment of Ophelia and Gertrude         Ã‚  Ã‚  Ã‚   Modern folklore suggests women look at a man's relationship with his mother to predict how they will treat other women in their life.  Ã‚   Hamlet is a good example of a son's treatment of his mother reflecting how he will treat the woman he loves because when considering Hamlet's attitude and treatment of the Ophelia in William Shakespeare's play, Hamlet, one must first consider how Hamlet treated his mother.   A characteristic of Hamlet's personality is to make broad, sweeping generalizations and nowhere is this more evident than in his treatment toward women.   Very early in the play, while discussing his mother's transgressions, he comments, â€Å"Frailty, thy name is woman. (Hoy, 11).†Ã‚   Hamlet appears to believe all women act in the same manner as his mother.      Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The first time the audience meets Hamlet, he is angry and upset at Queen Gertrude, his mother, for remarrying his uncle so soon after the death of his father.   In his first soliloquy he comments on the speed of her remarriage      Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Within a month,   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Ere yet the salt of most unrighteous tears   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Had left the flushing in her galled eyes,   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   She married.   O, most wicked speed, to post   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   With such dexterity to incestuous sheets!   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   It is not, nor it cannot come to good.   (Hoy, 11)    It is understandable Hamlet is upset with his mother for forgetting about his father and marrying his uncle, Claudius.   In Hamlet's eyes, his father deserves more than one month of mourning and by remarrying so quickly, the queen has sullied King Hamlet's memory. This remarriage is a sin and illegal, however special dispensation was made because she is queen.      Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Hamlet's opinion of his mother worsens as the play progresses because his father, who appears as a ghost, tells him of his mother's adulterous behavior and his uncle's shrewd and unconscionable murder.   Although Hamlet promises to seek revenge on King Claudius for murdering his father, he is initially more concerned with the ghost's revelations regarding his mother. King Hamlet tells Hamlet not to be concerned with his mother but after the apparition leaves, it is the first thing Hamlet speaks of.   Before vowing to avenge his father's death, he comments on the sins his mother committed.      Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Although Hamlet decides to pretend to be insane in order to plot against the King, it is clear, he really does go mad.   His madness seems to amplify his anger toward his mother.   During the play scene, he openly embarrasses her and acted terribly toward her in the closet scene.   The closet scene explains much Comparing Hamlet's Treatment of Ophelia and Gertrude :: comparison compare contrast essays Hamlet's Treatment of Ophelia and Gertrude         Ã‚  Ã‚  Ã‚   Modern folklore suggests women look at a man's relationship with his mother to predict how they will treat other women in their life.  Ã‚   Hamlet is a good example of a son's treatment of his mother reflecting how he will treat the woman he loves because when considering Hamlet's attitude and treatment of the Ophelia in William Shakespeare's play, Hamlet, one must first consider how Hamlet treated his mother.   A characteristic of Hamlet's personality is to make broad, sweeping generalizations and nowhere is this more evident than in his treatment toward women.   Very early in the play, while discussing his mother's transgressions, he comments, â€Å"Frailty, thy name is woman. (Hoy, 11).†Ã‚   Hamlet appears to believe all women act in the same manner as his mother.      Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The first time the audience meets Hamlet, he is angry and upset at Queen Gertrude, his mother, for remarrying his uncle so soon after the death of his father.   In his first soliloquy he comments on the speed of her remarriage      Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Within a month,   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Ere yet the salt of most unrighteous tears   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Had left the flushing in her galled eyes,   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   She married.   O, most wicked speed, to post   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   With such dexterity to incestuous sheets!   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   It is not, nor it cannot come to good.   (Hoy, 11)    It is understandable Hamlet is upset with his mother for forgetting about his father and marrying his uncle, Claudius.   In Hamlet's eyes, his father deserves more than one month of mourning and by remarrying so quickly, the queen has sullied King Hamlet's memory. This remarriage is a sin and illegal, however special dispensation was made because she is queen.      Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Hamlet's opinion of his mother worsens as the play progresses because his father, who appears as a ghost, tells him of his mother's adulterous behavior and his uncle's shrewd and unconscionable murder.   Although Hamlet promises to seek revenge on King Claudius for murdering his father, he is initially more concerned with the ghost's revelations regarding his mother. King Hamlet tells Hamlet not to be concerned with his mother but after the apparition leaves, it is the first thing Hamlet speaks of.   Before vowing to avenge his father's death, he comments on the sins his mother committed.      Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Although Hamlet decides to pretend to be insane in order to plot against the King, it is clear, he really does go mad.   His madness seems to amplify his anger toward his mother.   During the play scene, he openly embarrasses her and acted terribly toward her in the closet scene.   The closet scene explains much