chris, Author at Essay Writers Hub

Commentary Poems-poetic Elements

Introduction

Elizabeth Bishop’s ‘Sestina’ and William Shakespeare’s ‘My mistress’ eyes are nothing like the sun’ are two poems whose external form is used to deliver the tone and theme of the poem. ‘Sestina’ accomplishes this using stanzas and repetition of words while ‘My mistress’ eyes are nothing like the sun’ follows a typical format, which makes the poem short but effective in relaying its meaning. External forms in these two poems include stanzas, verses, alliteration and rhyme and they give the poem structure, form and make it more entertaining.

Discussion

Sestina by Elizabeth Bishop is divided into seven stanzas. The whole story revolves around the grandmother and the child. The six end words that are repeated throughout the poem are house, grandmother, child, store, almanac and tears. They are repeated in each line of the seven stanzas of the poem but in the last stanza, two words are used in each line. In the first line, the words used are almanac and tears, in the second line the words used are grandmother and stove while in the third stanza the words used are child and house. The use of stanzas in the poem creates a pause between one stanza and the next that gives the reader a chance to create mental picture of the poem’s scenes in his mind.

Sestina has six lines in each of its stanzas except for the last one, which has three stanzas. Through repetition, the reader gains more understanding of the subjects in the poem, it also enhances the reader’s imagination on the subjects discussed in the poem. This repetition also sets the tone of the poem and gives it structure. If the last words are given a letter each, then the six words will have the following order; first stanza: a-b-c-d-e-f, second stanza: f-a-e-b-d-c, third stanza: c-f-d-a-b-e; fourth stanza; r-c-b-f-a-d, fifth stanza: d-e-a-c-f-b, sixth stanza; b-d-f-e-c-a and the last stanza: f-e, b-d, c-a. Thus despite the repetition, the sestina method is strictly structured such that there are no two lines in any of the six stanzas that end with the same word.

The sonnet by William Shakespeare’s ‘My mistress’ eyes are nothing like the sun’ has fourteen lines with each line having ten syllables. The rhyme structure of the poem is a-b-a-b-c-d-c-d-e-f-e-f-g-g. This structure creates the tone that the poem starts-off slowly, then accelerates towards the end and ends abruptly. This enables the poet to deliver the message and meaning of the poem in only fourteen lines. The poem also uses the 4-4-4-2 pattern. This enables him to create two different tones in the poem in the first twelve lines of the poem where he describes all the negative aspects of his mistress such as the reeking of her breath and her lack of spectacular beauty. Then, make a contrast in the last two rhyming lines, where he says that despite her imperfections, his love for her is incomparable and rare.

The poem is written in iambi pentameter. This means that in every line, there are ten syllables, and stress is placed on the second syllable. This gives the poem structure and a repetitive tone, thus making the poem more interesting. In the first part of the poem, verses 1-4, Shakespeare describes the features he considers as being essential to a woman’s beauty, which are her eyes, lips, breasts and hair. The a-b-a-b pattern also creates a tone of contrast in these first four lines; between the sun and dun, which is a dark lackluster color and between red lips and a head with wires growing on it.

The next four lines have a c-d-c-d rhyme structure, where the first line, c, describes something pleasant, in this case roses and perfumes while the second line, d, describes something unpleasant, which here is the lack of color on her cheeks and the smell of her breath. Therefore, the structure used also creates a change in tone, which makes the poem more interesting and enhances the theme of the poem of unconditional love. The last two lines of the poem rhyme, in order to create a different tone from the rest of the poem. Whereas before he seemed discontented with the mistress’ lack of beauty and grace, here, the rhyme creates a calmer tone, as he concedes that his love for her is rare.

Conclusion

The external structure of the poem is therefore important in enhancing the structure of the poem and bringing out the tone and theme of the poem. External form may also be used to make the poem more interesting and memorable. Rhyme helps to unify a poem and create structure, while stanzas create breaks in the poem, thus may be used to indicate a change in tone. Alliteration lays emphasis on certain syllables, thus may be used to make the poem more striking and thus memorable.

Identifying a Moral Dilemma

The concept of moral dilemma comes into play when a person is required to perform two actions all of which take priority but both cannot be undertaken simultaneously. This means that one has to choose between the two and forgo one, which has its own repercussions. This person is thus condemned to moral failure. Irrespective of the choice that he or she chooses to take, one will end up failing to do what he or she ought to have done and thus suffer the consequences. The person concerned has moral reasons to perform each of the two or more actions. When one of the conflicting choices is of more priority than the rest, then it case is not a genuine moral dilemma. A genuine moral dilemma is whereby none of the options is of more importance than the rest.

I am the first born in our family and our parent died a couple of years ago. The situation caused me to act as the head of our family in terms of fending for them, making tough choices for them in school and in life in general. Last year my younger brother was involved in a serious accident in his school bus that left several students dead. His skull cracked open and his brain permanently damaged. The doctors said that he had no chance for a complete recovery and was bed ridden. On top of that, since his nerve cells were still working, he was under extreme pain throughout the day and night and the painkillers were not of much help. As his next of kin, the doctors placed on me the heavy burden of choosing whether to pull the plug and put him off his misery, or let him stay under life support where he would live in excruciating pain and the bills to go off the roof until he dies naturally.

This is an example of a genuine moral dilemma. If I took the choice of putting my brother to rest, it is likely that I will experience remorse or guilt of having lost a close member of our family with the hope of never getting to see him again. It is appropriate that I experience remorse or guilt for having taken that course of action, which is a moral residue. Yet, had I chose to let nature take its course, and have my brother continue with life under life support, I would also experience remorse or guilt for having to witness my brother writhe in pain daily. One is in a position of experiencing remorse or guilt only if one believes he has made the wrong choice, or knows that he has failed to do something that he or she was required to do. In this case, relieving my brother off his misery or keeping him alive. No matter what decision I took even with the doctors’ advice, I would still appropriately experienced remorse or guilt of letting my brother down

Throughout life, one gets to face moral questions. Depending on the person, one will tend to act impulsively, act according to his gut feeling, instinctively or choose to take some time off and think or reason on his next course of action. Explicit reasoning is whereby a person attempts to come up with a final well based and factual answer to a defined question through responsible critical thinking. Moral reasoning is a process whereby one contemplates whether an action he or she has or is about to do is right or wrong. In order to establish whether an action is right or wrong, it is not necessary to look into the action itself but on what the action’s intention will accomplish. This means that the end justifies the means. If one wants to know whether the route he or she is taking is the right or wrong one, one should consider checking whether the route will get him to the right or wrong destination. In knowing whether an action is the right or wrong one, one needs to have a clear perception of what he or she wants to accomplish. He or she needs to appreciate the present conditions and those between now and the accomplished state.

Morality implies thinking and acting along the set standards of right or good conduct, which are set by a society on its system of ideas on what is considered to be right or wrong in that particular society. Standards of morality differ from society to society. The standards of morality are set according to religion if the society is strictly religious. They could also be contemporary or secular if the society is more modern. When the religious standards of morality are taken into account, taking him off life support would have been out of the question. Under religion, life is considered sacred, it is God who gives, and it is He who is supposed to take. Unless the person is under capital punishment, only then are we authorized to take the life of a fellow human being. This is in contrast to the belief that “capital punishment is a violation of the value of the life principle” (Thiroux & Keith 160). Under a professional and a more contemporary society, if the doctors deem the patient as terminally ill and put him under ‘tender loving care’, it is advisable to pull the plug off and save him and yourselves the agony.

This is done out of pity in order to relieve the patient off his misery and cutting back on some hefty hospital bills. The latter is just an add-on but not the underlying reason. The organs of the patients could be used to help other patients. Eyes could be used to give sight to the blind and the like. In this case, I could not decisively state what moral grounds I would use to base my judgment. Our parents had brought us up in a religious setting but school and society had made me deem the contemporary society with some sense of respect. Moral reasoning is classified into two distinct categories. One is “consequentialists” moral reasoning and the other is “categorical” moral reasoning. For those who practice “consequentialists” moral reasoning, morality to them is not definite but relative. This means that it is dependent on the prevailing circumstances. This means that the results will either justify the action or not. For those who practice “categorical” moral reasoning, morality is absolute. In this instance, an action can be either right or wrong and cannot be either or none of the two. Categorical moral reasoning could be argued that it is not relevant and practical. Those who do practice it lack empathy and imagination.

In this case, it is irrelevant because irrespective of the choice I took, I would end up doing something both right and wrong. A consequentialist’s moral reasoning is the best that could be easily adapted whereby I would put myself in my brother’s shoes and try to come up with the answer from that state of empathy. In order to come up with the right decision, human beings also use other means other than using rational reasoning. These include the use of instinct and emotion as a quick means of making a decision based on successful habits. This is also known as the gut feeling. This is usually used when the time limit is minimal and the decision needs to be made expeditiously. This could not apply in my case, as I did not have a deadline to meet although time was of the essence. The use of instincts is not an advisable means of coming up with a decision as the choice taken is irrespective of the facts and thus can be termed as baseless. Only superstitious people can afford to make a judgment based on a gut feeling and that is not me.

Considering all this, I decided to pull my brother off life support. It is a tough choice to make but I argued that it was for the best, for both him and us. This meant that he would not have to continue living in agonizing pain and for us whom he left behind we would not have to endure seeing him hurting daily. On top of that, based on the medical reports, there was no way he would he make a full recovery. We donated his organs to the hospital and his body as a cadaver. Even with all this in mind, regret and remorse still haunt me. This is because even doctors do at times make mistakes and perhaps a miracle was in the offing. This I felt as the best choice as “everyone should perform that act or perform the moral rule which will bring about the greatest good (or happiness) for everyone concerned” (Thiroux & Keith 42).

Works Cited

Thiroux, Jacques and Keith Krasemann. Ethics: Theory and Practice. New Jersey: Prentice Hall, 2008. Print.

Global Warming

Sinha, P. C. (1998). Global Warming. New Delhi, India: Anmol Publications PVT. LTD. Summary:

As the title suggests, the publication focuses on the sole discussion of the global warming issue prevalent in the world today. The author introduces the discussion by discussing the causal relationship between the greenhouse effect and global warming. Subsequent chapters deal with an appraisal of the global warming policies and their effectuality/ineffectuality in the reduction of greenhouse gases in both the developing and developed nations of the world.

Analysis:

Sinha dedicates fifty pages into the identification and in-depth analysis of the key contributors of global warming affording high credibility to the discussion by reviewing scientific data from institutions such as the World Meteorological Organization, Goddard Institute of Space Studies, Intergovernmental Panel on Climatic Change, among others. The data has been compiled in an easy format under various subheadings to guide the reader into the specific discussion and this will ensure less time consumption in the study.

Peach, J. D. (2005). Global Warming: Emission Reductions Possible As Scientific Uncertainties Are Resolved. Darby, PA: DIANE Publishing.

Summary:

The book is an actual study conducted by a team of researchers, led by Peach, under specific directions from the US Government regarding global warming. The report is divided into the introduction section that offers a background on the problem and later deals with the analysis of the greenhouse gases as the main cause of global warming. Current policies attached to the same are appraised and pragmatic recommendations accorded for the same in a bid to curb the identified problem.

Analysis:

The project was conducted under a tem of specialists appointed by the US government as noted by the attestation of the executive summary. The document is initially presented to the Chairman of the US Environment, Energy and Natural Resources, the Subcommittee and Committee on Government Operations and the House of Representatives before its release for public printing. This accords credibility and highly synthesized information that will be very significant for the study.

Cook, J. (2011). The human fingerprint in global warming. Skeptical Science. Retrieved from http://www.skepticalscience.com/its-not-us-basic.htm

Summary:

The web publication provides a discussion that links human activity as a significant causative agent to global warming. The discussion begins with the reference to one of the highest used skeptical argument against the notion that human activities constitute much to the current global climate issue. The arguments given in support for human activities in global warming are divided into three levels; basic, intermediate and advanced in order of the intricacy and analysis; tables and graphs are used in the latter two levels.

Analysis:

Scientifically proven data is used to create strong reliable arguments for the various perspectives given in the article. Other related links for further research are also accorded with one hundred and forty-eight arguments being presented. This provides comprehensible information tabled from different perspectives with regard to the issue of global warning and thereby the ability to ensure variety in the research.

Ignatova, I. (2009). Global Warming Causes. Tropical-Rainforest-Animals.com. Retrieved from http://www.tropical-rainforest-animals.com/Global-Warming-Causes.html

Summary:

The document is based on the 2007 research conducted by the Intergovernmental Panel on Climate Change and from this environmentalist Ignatova identifies the main contributors of global warming. The contents are neatly divided into subtopics that deal with specific causes under the human causatives, natural causatives, greenhouse gases, economic causatives, and warming causatives. The document concludes with a case study on the manner in which deforestation contributed to global warming.

Analysis:

As an environmentalist, Ignatova presents an unbiased presentation on the causative agents in global warming by gathering information from scholarly and research materials. This adds an element of credibility in the work and allows the reader into creating his or her own interpretive perspective on the nature of global warming. The information is presented in an outline format under specific subheading for easy navigation and this will ensure effectual time usage in the project.

Fischer, S. K., Hughes, P. J., Fairchild, P. D., Oak Ridge National Laboratory, Kusik, C. L., Dieckmann, J. T., McMahon, E. M., Hobday, N., & Arthur, D. L. Inc. (1991). Energy and Global Warming Impacts of CFC Alternative Technologies. Center for International Earth Science Information Network. Retrieved from http://www.ciesin.org/docs/011-459/011-459.html

Summary:

The web article is a research study conducted by the above named climate experts dealing with the destruction of the ozone layer by chlorofluorocarbons (CFC) and its connection to global warming. Current technology is identified as the main source for CFC emissions and the writers argue that an adoption of alternative technology sources, a combination of the CFCs with an element of hydrogen would lead to a significant decrease of greenhouse gases and consequently lower global warming.

Analysis:

The use of a research team led to the elimination of biased information from personal sentiments. The research materials used in the study are very credible as data from United Nations Environmental Program and the Intergovernmental Panel on Climate Change. Additionally, the research was directed by the US Department of Energy and a research team from the Alternative Fluorocarbons Environmental Acceptability Study group. The information will be supportive in the study in presentation of factual data.

West, L. (2007). Global Warming is Unstoppable and Humans are to Blame, says UN Report. About.com. Retrieved from http://environment.about.com/od/globalwarming/a/ipcc_report.htm

Summary:

The article identifies human activities as the main enhancers of the greenhouse effect that requires immediate attention if global warming is to be reduced to manageable levels. West summarizes the main assertions from the United Nations standpoint from a 2007 report presented by the Intergovernmental Panel on Climate Change. A very disturbing premise presented on the document is the inability to stop global warming based on human reluctance in the control of the industrial activities.

Analysis:

West provides a succinct perspective of global warming with regard to the conclusions and findings given by the report. The largest part of the document is based on fact reporting with only a negligible part accorded to his view on the issue, a reflection of his professionalism based on his educational achievements. West offers insight on the global acceptability offered to the document by noting that it has been endorsed by one hundred and thirteen nations before further action may be taken. This article will aid the research into acquiring a global standpoint concerning the discussed problem.

Hoffmann, D. L. (2010). It’s the Water Vapor, Stupid! The Resilient Earth. Retrieved from http://www.theresilientearth.com/?q=content/its-water-vapor-stupid

Summary:

A depleting water vapor layer as opposed to carbon dioxide accumulation in the atmosphere is attributed as the main causative agent for global warming. Hoffmann offers a different argument from most scientific presentations that have used greenhouse gases as the main contribution factor. The findings are related to Solomon et al. research document titled, Contributions of Stratospheric Water Vapor to Decadal Changes in the Rate of Global Warming.

Analysis:

Hoffman’s claims are solely based on a recent study conducted by a team of seven scientists conducted in the year 2010. The recent state of the article injects new insight into the discussion and allows the writer into a critical thinking and analysis of the earlier research conclusions as to whether the greenhouse argument still stands or it is refutable. This will provide a good foundation for directing future researches and the assertion for own conclusions in the topic of global warming.

Hardy, J. (2003). Climate change: causes, effects, and solutions. Hoboken, NJ: John Wiley and Sons.

Summary:

Just as the title suggests, Hardy discusses the reasons behind the current climatic changes, the consequences and solutions that should be implemented to deal with the same. The initial chapter in the publication singles green house gases as the main causes of the heat flushes that have been noted in weather patterns. Seven gases namely carbon dioxide, chlorofluorocarbons, nitrous oxide, hydrochlorofluorocarbons, sulfur hexa-fluoride, methane and perfluoro-methane are each discussed and analyzed individually on their contributions to global warming.

Analysis:

An in-depth scientific analysis on the above named gases is given in quantifiable terms that infuse an element of measurable pragmatism on the destructive ability of each gas. This is measured by the Global Warming Potential (GWP) for each of the named gases aiding the researcher into gaining a deeper understanding of the calamity caused into weather patterns by the greenhouse effect. This will provide the research with a highly analytical capability.

Silver, J. (2008). Global Warming and Climate Change Demystified. New York, NY: McGraw-Hill Professional.

Summary:

The book majorly forms a relationship between global warming and weather alterations dating back to three million years ago. Silver compares the weather patterns in the distinct periods in the book with the aim of tracing whether global warming occurred across the sessions. Satellites controlled by the National Oceanic and Atmospheric Administration have been used to acquire weather measurements and conditions that are used in global warming analysis.

Analysis:

Silver provides different perspectives as well as myths put forward into explaining the issue of global warming. The author therefore states the myth and uses scientifically gathered information to refute or support the claim. Silver refrains from leading the reader into his defined perspective in the subject and therefore only reports various findings and leaves room for personal evaluation and founding of beliefs. This inferential sequence of information documentation prompts subjective critical assessments necessitated for healthy learning.

Oilprice.com. (2009). What are the Causes of Global warming? Retrieved from http://oilprice.com/Environment/Global-Warming/What-are-the-Causes-of-Global-warming.html

Summary:

The article combines scientific information acquired from various research networks into creating a comprehensive document that more than identifying a causative agent also analyses the different sources of the harmful agents. Quantifiable statistics are appropriately employed in the document under each causative agent identified by the subheadings incorporated in the document.

Analysis:

The compilation of the stated work was conducted by an editorial team ensuring that instances of personal partiality have been reduced. The review has based its research on data gathered and analyzed by the National Aeronautics and Space Administration program ensuring credibility in the given information. This document will be a good contribution into the research by widening the research facilities bent on uncovering the issue of global warming.

Cover Synthesis

The issue of global warming had posed a considerable debate in the scientific community, as to what primarily constitutes to the temperature flares in the atmosphere. A notable large number of scholars have been bent on the view that the main causative agent is the greenhouse effect whose heating potential was discovered now close to one hundred years. The greenhouse effect is triggered by the varying levels of greenhouse gases like carbon dioxide, methane, nitrogen oxide and chlorofluorocarbons (CFC) in the atmosphere. Among all greenhouse gases, carbon dioxide accounts for the highest percentage and ultimately the highest contributor to the problem. In studies conduced in the early 1980s period, scientists asserted that carbon dioxide alone constitutes to fifty percent of the overall warming that is being experienced around the globe (Silver, 2008). By studying coral deposits, tree rings and ice-core coatings scientists have discovered that different earth periods have noted temperature changes marked by oscillating patterns of cold and hot weather.

In fact, the hot seasons are believed to have experienced high heat surges exceeding what has been experienced in the last one hundred and fifty years ago. Global warming therefore is not a new phenomenon in the scientific world yet the alarming rate in which the temperature rise has been noted is what has created a renewed concern in the scientific community. Carbon dioxide increases in the olden periods was attributed to natural causes. The presence of glacial cover in this era actively absorbed the extra amount of carbon dioxide released and in turn checked the expected temperature rise in the period (Silver, 2008). Upon the inception of the industrial revolution, the level of greenhouse gases has led to atmospheric changes that are now threatening catastrophic changes in the world. The glacial covers in the northern and southern poles have melted due to the gradually increasing temperatures over time and reduced the absorbing potential of the ice cover in highly significant levels.

Ocean and sea levels, which serve as absorbents, has been constrained by the reduction of water levels by at least four meters in altitude within the last century. With human activities escalating in the highly industrialized global community, the number of greenhouse gases is continually rising. Carbon dioxide effluents from actions like the ignition of fossil energy and deforestation increases the atmospheric level by 0.5 percent in a yearly basis. Methane gas sourced from areas like rice cultivation areas, bovine and ovine ranching and mining fields among others multiplies by 0.9 percent annually (Peach, 2005). The highest rate is attributed to the CFCs that have a four percent annual margin increment in the atmospheric constitution. CFCs are generated from a range of coolants found in household appliances such as refrigerators. Nitrous oxide has the lowest annual growth level of 0.25 percent due to the reduced agricultural activities caused by weather changes. The pollutant is mainly sourced from fertilizers.

Critiques to this school of thought argue that greenhouse gases caused by human activities have very negligible proportions that cannot be matched to the heat changes experienced currently. This has been the main point of contention as a unanimous agreement has been given towards temperature increases but the causative agents are still high areas of debate. A recent study conducted in 2010 actually attributes global warming to vapor reduction as opposed to the eminence accorded to greenhouse effects. The study asserts that, thirty percent of the current global warming is caused by water film reductions (Hoffmann, 2010). However, the reason as to why water vapor has deepened is still to be uncovered. Other groups believe that the alarm has been induced to create panic and increase funding into the scientific community for continuity. Sources employed in the study therefore unanimously consent to the fact that there has been a noted temperature increase yet the causative agents have no distinct consensus.

References

Cook, J. (2011). The human fingerprint in global warming. Skeptical Science. Retrieved from http://www.skepticalscience.com/its-not-us-basic.htm

Hardy, J. (2003). Climate change: causes, effects, and solutions. Hoboken, NJ: John Wiley and Sons.

Hoffmann, D. L. (2010). It’s the Water Vapor, Stupid! The Resilient Earth. Retrieved from http://www.theresilientearth.com/?q=content/its-water-vapor-stupid

Ignatova, I. (2009). Global Warming Causes. Tropical-Rainforest-Animals.com. Retrieved from http://www.tropical-rainforest-animals.com/Global-Warming-Causes.html

Oilprice.com. (2009). What are the Causes of Global warming. Retrieved from http://oilprice.com/Environment/Global-Warming/What-are-the-Causes-of-Global-warming.html

Peach, J. D. (2005). Global Warming: Emission Reductions Possible As Scientific Uncertainties Are Resolved. Darby, PA: DIANE Publishing.

Silver, J. (2008). Global Warming and Climate Change Demystified. New York, NY: McGraw-Hill Professional.

Sinha, P. C. (1998). Global Warming. New Delhi, India: Anmol Publications PVT. LTD.

West, L. (2007). Global Warming is Unstoppable and Humans are to Blame, says UN Report. About.com. Retrieved from http://environment.about.com/od/globalwarming/a/ipcc_report.htm

Distributional Effects of Income Tax in Peru Compared with the rest of South America

Title: Distributional Effects of Income Tax in Peru Compared with the rest of South America

Introduction

Problem Definition: South America has been incessantly treated to poverty levels that have adversely affected the nation in terms of economic and social welfare. Policy adaptation has been considered from the standpoint of negating economic disparities and increasing policy gaps that have resulted from questionable fiscal policies (Haughton & Shahidur 2009, p. 302-310). Government spending in most developing nations is sourced from taxes, whose redistribution effect is quite limited when compared with social spending. This is attributed to a highly informal economic sector, which acts as an active inhibitor as to the level of taxes that the government is able to source.
Issue Description: For an effectual analysis of the income inequality problem in South America, the study will focus on Peru as one of the worst hit nations in the region as compared to the rest for a comprehensive issue description. South America has a large informal sector measuring to thirty eight percent of the national GDP and a corresponding sixty percent of person-hours drawn from the productive labor component (Ghersi 2003, p.3). This factor indicates the limitation that South American nations have been facing in the taxation system as this has led to high inequalities mainly on the taxed populace, despite their income orientation, and the untaxed component. Although various policy reforms have been instituted in the taxation system, the inequality problem still lurks in the region due to the asymmetrical nature of the economy. Tax reforms have targeted two significant areas with the initial being the Value Added Tax (VAT). This component has been highly supported by many economic analysts as being a better measure towards the tax evaders notably in the informal sector. The second component has been the reduction of the income tax for higher levels of equity (Morley 1999, p.4-5). Peru has adopted both revisions in its tax system yet it still suffers the problem of high inequality as compared to the rest of South America. The study will primarily aim at assessing Peru’s tax amendment policy and the main causes of its ineffectuality in the alleviation of poverty and inequalities within the nation.

Theoretical Framework

Origin of the Problem: Peru’s taxation framework as noted by Webb (1977, p. 50-56) was established in the 1960s under Belaunde’s regime. Within the periods 1961 and 1969, the tax burden on the taxpayers actually increased with the average wage earners being most affected by eighty eight percent while the rich earners were only affected by thirty four percent. In this period, most tax rates were increased before the 1970 period where a superior tax system was instituted under Velasco’s leadership. Studies carried out by researchers have pointed towards Peru’s regressive tariff policy as the main cause of the nation’s inequality distributions. The framework mainly focused on achieving horizontal equity as opposed to vertical equity in the tariff payment system. This has led to a considerable inhibitor in the nature of income distribution as noted by Musgrave by the assertion that ‘the incidence of taxation in South America is regressive in the lower income groups’ (Webb 1977, p.45). Tax regression in Peru has been attributed to the fact that, the government has focused on the enhancement of sales taxes as opposed to personal income leading to a lower distributive ability (Musgrave & Musgrave 1995, p. V). Various Peruvian economic periods will be compared for an in-depth analysis of the various effects that the different tax reviews had on the distributional ability.

Literature Review

Aims of my Dissertation: The premise of the dissertation and methodology will be a systematic literature review on former studies that have analyzed the Peruvian problem with regard to poverty and distributive inequalities. This will be reviewed in a comparison to the rest of South America. The literature to be used for the tax system appraisal has to include quantifiable data that will contribute to the measurable elements that will be used to determine whether the tax system is regressive or progressive in nature. This follows the various debates that have been formulated as to the causative nature of the tax system and only empirical data can ascertain the nature of the policy framework. Various graphical and statistical measures that will be used to measure and analyze whether the tax policy is effectual or ineffectual in its redistribute potential will be:

Tax progression: it is a ratio used to quantify income tax in terms of proportionality. Upon computation, if the ratio results to one, then the distribution scale is termed as perfectly proportional. A high ratio is indicative of a progressive tax system whereas a low ratio denotes a regressive system.

Concentration curve: it is a graphical presentation, which maps concentration points hinged on cumulative income taxes measured by quantiles on the level of untaxed income. Evaluating the resulting curve against a Lorenz curve then indicates the nature of the tax system. Upon plotting both graphs in the same grid, if the Lorenz curve is below the concentration curve, then the tax system is regressive in nature. However, if the Lorenz curve is above the concentration graph, then the system is progressive.

Quasi-Gini coefficient: In some cases, the concentration and Lorenz curves tend to lack a defined relationship as to which curve lies above or below the other in a grid as they tend to overlap each other in different points. In such a case, the quasi-Gini coefficient is computed from the concentration curve and used to assess the tax nature (Haughton 2005, p.298-300). A high coefficient figure indicates a progressive income tax system while the inverse relation denotes a regressive policy.

Kakwani index: denoted by the symbol K. This statistical element compares the quasi-Gini coefficient of a taxed and untaxed income level. If the kakwani coefficient lies above zero, then the system is progressive while a less than zero measure is indicative of a retrogressive system.

Reynolds-Smolensky index: denoted by the symbols RS. A kakwani index accounts for the redistributive potential that the tariff policy bears (Mahon 2009, p.7). It is computed by getting the difference between the Gini co-efficient of untaxed income with the quasi-Gini coefficient of taxed income. A positive result yields the tariff nature as being progressive whereas a negative measure denotes a retrogressive system.

This literature will be employed in the determination of a superior distributive tax system for the Peruvian nation.

Objectives of my Dissertation: Upon the complete analysis of the Peruvian tax system and the identification of the problem, we will formulate an improved tax system for the nation that is based on the progressive nature. This will ensure enhanced income and welfare equality in the nation. Peer reviewed journals documenting various research studies will be used in the study for data extraction in the above named statistical measures. Books will be significantly employed in theory formulation for an in-depth analysis and explanation of the various economic phenomenon identified in the study. All internet sources will be acquired from credible sources for information precision. At least twelve core resources will be applied in the dissertation for a comprehensive study.

Conclusion

After the formulation of the problem and its analysis, effective recommendations will be given towards the end of the study based on Giugale, et al. publication, An opportunity for a different Peru: prosperous, equitable, and governable, tabled as a proposal for the World Bank. Other sources will also be very helpful in the formulation of the recommendations.

Bibliography

Bargain, O & Tim, O 2010, ‘Analysing the Effects of Tax-benefit Reforms on Income Distribution: A Decomposition Approach’, Journal of Economic Inequality, vol. 8, no.1, pp.1-21.

Cubero, R & Ivanna, VH 2010, ‘Equity and Fiscal Policy: The Income Distribution Effects of Taxation and Social Spending in Central America’, IMF Working Paper WP/10/ 112, viewed 17 February 2011, http://www.imf.org/external/pubs/ft/wp/2010/wp10112.pdf

Giugale, M, Vicente, C & John, N 2007, An opportunity for a different Peru: prosperous, equitable, and governable, World Bank Publications, Philadelphia.

Ghersi, E 2003, ‘The Informal Economy in Latin America’, The Cato Journal, vol. 17, no. 1, pp.1-9.

Haughton, J 2005, Tax and Expenditure Incidence in Peru, viewed 17 February 2011, www.comunidadandina.org/economia/fiscal_Haughton.pdf

Haughton, J & Shahidur, K 2009, Handbook on poverty and inequality, World Bank Publications, Philadelphia.

Jinemez, JP, Juan, CGS & Andrea, P 2010, ‘Tax gap and equity in Latin America and the Caribbean’, Public Finance and Administrative Reform Studies, vol.16, pp.1-44.

Mahon, J 2009, ‘Tax Reforms and Income Distribution in Latin America’, Latin America Studies Association, viewed 17 February2011

Minaya, LAA 2009, Latin America: equity and challenges. The case of Peru. United Nations Publication, Santiago.

Morley, SA 1999, ‘The Impact of Reforms on Equity in Latin America’, International Food Policy Research Institute: World Bank Working Paper, viewed 17 February 2011, siteresources.worldbank.org/INTPOVERTY/Resources/WDR/…/morley.pdflasa.international.pitt.edu/members/congress…/MahonJames.pdf

Musgrave, R & Musgrave, P 1995, Hacienda Publica: Teorica y Aplicada, McGraw-Hill Interamericana, Mexico.

Thomas, J 1990-1991, ‘Peru and the Informal Economy’, Third World Quarterly, vol. 12, no. 3/4, pp. 167-172.

Webb, R 1977, Government policy and the distribution of income in Peru, 1963-1973, Harvard University Press, Harvard.

Common-law Marriages

Running Head: Common-law Marriages

Marriage is defined as a publicly approved sexual relationship occurring between two individuals bent on the institution of a family. Various types of marriages are practiced where marriages are broadly categorized to as legal marriage and common law marriage. Common-law marriage is a setting that allows two individuals to co-habit together and upon the lapse of a given period, the state then recognizes their marriage as being binding. Canada recognizes common-law marriages under federal regulations and takes a legal status upon the lapse of a single year. It is noted that common-law marriages in Canada have noted a considerable increase according to the latest census reports conducted in 2006. The total number of common-law marriages in Canada was registered as 1, 376, 870 with territorial numbers in Newfoundland and Labrador being 16, 935, Prince Edward Island being 4, 085 and Nova Scotia having 37, 700 (Statistics Canada, 2007).

Common-law marriages do not share the same rights and obligations as the legal marriages. Common-law marriages do not possess a legal document that accords a legal aspect into the relationship. Once such a couple separates, payments and property division is not split on equal basis unless a partner alleges for unjust enrichment regarding the former element (Lind, 2008). Matrimonial possessions like home are not shared at all. In legal marriages, all items are divided on half basis. Canada offers spousal support to legal marriages without any form of time limit while under the common-law it is only applicable to individuals who have co-habited for at least three years, whether they have or do not have children. This support has to be filled within the specified time given in a majority of Canada’s provinces. Property depletion, progression rights upon the demise of a partner, identical compensation upon demise and inheritance of matrimonial home upon the demise of a spouse are all protected by law in a legal marriage (Warner, Toni & Frederick, 2008). In heritance may only be accorded to a partner in a common-law marriage setting upon the application of unjust enrichment and incident of support. Both marriages share the right to child support and guardianship, and the award of aid upon the demise of a spouse.

It is believed that the hard economic conditions have led to the escalation of common marriages with a significant high entry into the arrangement within the recent economic recession that was experienced in 2008. Legal marriages have a large economic overhead attached to purchases such as wedding gown, groom’s suit, and food items in the reception area, pastor’s fees, and venue charges, among others (Clifford, 2010). An indulgence in the common-law marriage practice averts these resources into a better use and it is therefore considered quite economical by many. Additionally, separation in a common-law relationship does not equal a normal divorce as property division is not required and therefore it reduces the fears that most individuals identify with upon their entry into a legal marriage (Gallo, 2008). It actually promises a better return in that spouses tend to live together and fashion a normal family as the lawfully recognized one yet upon divorce, each individual maintain their respective property.

The structure introduced into the marriage institution as opposed to the legal arrangement is quite unstable and unpredictable. Studies have indicated that only sixty percent of common-law marriages end up being legal marriages (Clifford, 2010). The uncertainty attached to this is a source of emotional problems in the family. This affects both the children and at least one of the spouses negatively leading to adverse behaviors and psychological problems. Children reared in common-law marriages tend to have a higher probability towards violent behavior.

References

Clifford, D. (2010). Plan Your Estate. Berkeley, CA: Nolo.

Gallo, N. (2004). Introduction to Family Law. Clifton Park, NY: Cengage Learning.

Lind, G. (2008). Common law marriage: a legal institution for cohabitation. Oxford, UK: Oxford University Press.

Statistics Canada. (2007). Census families in private households by family structure and presence of children, by province and territory (2006 Census). Retrieved from http://www40.statcan.gc.ca/l01/cst01/famil54a-eng.htm

Warner, R., Toni, L. I., & Frederick, H. (2008). Living Together: A Legal Guide for Unmarried Couples. Berkeley, CA: Nolo.

Deviance and Violence

Introduction

Serial murder can be defined as a series of murders, more than three, done for a period, which is not less than thirty days. The murders are usually in a similar pattern but at separate events. In the investigation of a serial murder case, certain tools and approaches are used. First, a series of murder cases are indentified to determine whether there is a serial murder case or not. This is done by looking at different unsolved murders and checking whether they have any similarities, that is, if they have a specific pattern in the different periods of time in which they occurred.

Discussion

After identifying a serial murder case, competent personnel mainly from the homicide department are assigned the case. They are made aware that their main goal is to arrest and persecute the offender despite the pressure they may face from the media or the public. They decide on all the resources to be used and maintain a record of all the resources in the case. The personnel also organize a task force in which they work together as a team. They need a crime analyst whose main role is to look at the available information, which is generally bulky, and determine which information is of more importance. He is also the one to investigate on the motives of the serial killer in the case by using the information provided.

When all this has been done, criminal profiling of the serial killer is done by visiting the various crime scenes where all these murders have occurred. Criminal profiling is defined as the act of developing a simple psychological profile of an offender based on the crime scene (Davis, 2007). This usually helps the crime analyst in identifying the motive of the serial killer and this usually depends on the judgment of the information he has on the crime scene. Criminal profiling also helps the task force working on the case, on the kind of victims the serial killer is targeting. When profiling, the task force is able to come up with certain information about characteristics that the serial killer likes, if he is short or tall, a male or a female or if he is fat or thin.

After the crime analyst is through with profiling, the task force can decide on whether to use the media as a tool or not. If they decide on using it, they provide the media with necessary information that can help in the identification of the serial killer and alert the public on the harm the serial killer is capable of doing. The media might also not be a good tool because they sometimes give the task force undue pressure that is unnecessary. The media can also give distorted information that might bring chaos to the public or provide information that can help the serial killer. Incase the task force decides to use the media, they must be careful on the information they provide the media with.

The task force must also use the forensics as one of their tools. Forensic is the manner in which evidence is obtained in order to be used in a court of law. It is a science, which is usually done after a crime in order to obtain physical evidence. This involves the collection of fingerprints or saliva, which are tested for DNA and even the collection of any bones if any. The investigator collects, identifies and preserves the evidence, which is later presented in a court of law (Thurman, 2006). Forensic can be affected by the public when it is tampered with. Therefore, the task force must know where to put the barrier in a crime scene. If it is large, it can contain a lot of unwanted information and if it is small, it can live a lot of evidence and it might be too late since by the time they realize it, the evidence would already have been tampered with by the public.

After performing the above different task, the task force will have already identified many different suspects. They are expected to use the tool of interrogation in questioning the different suspects. Interrogation is like an interview that is used to obtain information about something from someone mostly an offender. It is commonly used by the law enforcers (Dahlberg & Siapera, 2007). During this interrogation, the law enforcers eliminate the ones that are not likely and the ones that are most likely. All the suspects are expected to give information on there whereabouts when all the murders occurred and give alibis who can verify that whatever they have said are true.

The use of old solved cases as a tool also helps the law enforcers in arresting offenders. Many of these serial murder cases are usually the same and some are copycats. Copycats are those murders where the serial killer copies the style of another serial killer. This helps the crime analysts when it comes to criminal profiling or in finding the motives of the killer. The old cases also help to educate the young inexperienced law enforcers on what to look for or what to follow in a serial murder investigation. In addition, they help in giving an overview of the resources that might be required and the techniques that might be employed to solve the case. This makes it easier for the law enforcers when it comes to planning.

Conclusion

In conclusion, it can be said that all these tools are affected by the media or the public either positively or negatively. The media affects the investigation negatively when it gives the wrong information to the public. The information might incite or create fear to the public. However, the media affects the investigation positively when it broadcasts information that will help both the law enforcers and the public to arrest the serial killer. On the other hand, the public affects the investigations negatively when they tamper with the information, distort the information or withhold the information. Conversely, they affect positively when they give correct information and they do not give undue pressure to the law enforcers.

References

Dahlberg, L., & Siapera, E. (2007). Radical democracy and the Internet: Interrogating theory and practice. Basingstoke, Hampshire: Palgrave Macmillan.

Davis, B. J. (2007). Criminal profiling. Milwaukee, WI: World Almanac Library.

Thurman, J. T. (2006). Practical bomb scene investigation. Boca Raton: CRC/Taylor & Francis.

Bell Hooks’ Views on Feminist Theory

Bell Hooks’ views on feminism may not be in line with some of the feminist theorists and activists. She notes that there have been differences in the definition of feminism, which has contributed to the lack of foundation on which to construct a theory (Hooks, 2000). Bruce and Yealey (2006) suggest that the meaning of feminism can include women’s oppression by men; a practice aimed at liberating women from male exploitation; a social movement promoting specific changes in the legal, social, economic, political and cultural conditions of women and an ideology that opposes all misogynist ideas and behavior.

Liberal feminist theory copies the principles of justice, liberty and equality to women. Radical feminists advocate for strategies to create an exclusively female sexuality through celibacy, autoeroticism or lesbianism and they oppose all traditional roles of women. They believe that it is only through biological revolution and technology that women can be fully liberated. Cultural feminism recognizes the differences between men and women and seeks to celebrate the qualities of women. Even Gage, a cultural feminist believes that motherhood is a divine element, which should be recognized (Tandon, 2008). Hooks argues that not all women are motherly since they are not all caring and some can be violent. According to Hooks, male and female parents have an equal responsibility of bringing up children (Hooks, 2000).

Feminism entails, speaking, acting and writing about women’s issues. Feminists fight for injustices such as inequality, discrimination and lack of opportunities. Bell defines feminism as “a movement to end sexism, sexist exploitation and oppression (Hooks, 2000).” Patricia Collins (2000) defines oppression as any unjust situation where, systematically and over a long period, one group denies another group access to the resources of society. Different cultures have different views on how they handle women and feminine issues. In some cultures, the woman has been subjected to such oppression and exploitation to the point of silence. As Jayita Senguota (2006) notes, feminism has among its other concerns, the urge to break the silence and the taboos on the woman’s body and on her pleasures, to disintegrate the male version of the woman and repair the psychic damage in the society. Feminism goes beyond being anti-male and as she points out, for the oppression to end, men have to be involved. They cannot do this if they do not know what entails feminism. She mentions sexism, racism, classism, capitalism and colonialism as some of the oppressors in the society.

Oppression can be resisted on the levels of personal biography, community or group level of cultural contexts that has been created by class, race and gender; and social institutions (Adams & Sydie, 2002). Tandon notes that feminists hate patriarchy as it is often equated with war, racism and capitalism. She adds that feminism is equated with socialism, pacifism, multiculturalism and anything that is considered progressive (2008). According to Hooks, feminism is not all about careers and female domination in the work place. Hooks challenges the women who say they want to be equal with the men since men are not the same. According to Tandon (2008), male perceive oppression is a way of obtaining satisfaction, strength, self-esteem and psychological ego. She notes that females can also be sexists, and therefore oppressors, which is something that contradicts her definition of feminism.

Some people think that matters of racism and sexism do not exist in this modern age. Nevertheless, as Hooks (2004) notes in the book, We Real Cool: Black Men and Masculinity, most people would rather be male and white. They believe that white male are more successful and live a better life than any other category. White women are particularly racist in their discussion about feminism. Bell observes that they make the black women the objects of their discussion, and as objects, they remain inferior. She observes that it is easier for women who do not experience oppression such as racism and classism to focus on gender. Racism enables white women to act as exploiters and oppressors of black males and females. On the other hand, sexism enables black men to be oppressors and exploiters of black women. This leaves the black woman in a tight spot since she is facing oppression from both male and female whether black or white. Hooks is of the opinion that there should be solidarity among the women since feminism is more of a political movement (Hooks, 2000).

Most feminists have concentrated their efforts on fighting for the rights of women sexuality. The feeling of being oppressed in a white male dominated world has made the black female to work and fight harder for her rights and for what she believes in. This has been made worse by the white female who thinks that she can relate to what the black female is going through. As Hooks has noted, issues such as race and classism are not in the primary agenda of the white female and so it would be impractical for her to assume to understand the oppression faced by the African American female. Some women understood feminism to be all about female power and a dislike towards men. Some were acting because of their life experiences with men and they were vocal in their campaigns against the male dominated society. This led to the general misunderstanding of the term feminism, a term that has remained to this day (Henry, 2004).

Many women and some men consider feminism as a fight of oppression but they do not have a clear understanding on what constitutes oppression. However, as time has elapsed, women rights become recognized but they still feel that they have to fight for more. Abortion, lesbian rights and reproductive rights are some of the issues that women have fought for. Those who have advocated for the rights of women on these issues can disagree with Hooks on feminism because they cannot be considered as oppressors. Women now have equal rights in all aspects of the society, at least in most countries.

Feminism was blamed for not doing enough for women and sometimes for doing too much (Henry, 2004). The society expects women to behave in a certain way and one who deviates from this expectation is seen as being rebellious. The oppression and exploitation of years back may not exist in the modern world. In the book, Feminism: A Paradigm Shift, Tandon (2008) notes that the oppression of women is not only a material reality originating in economic conditions, but also a psychological phenomenon-how man and woman perceive one another. She explains that feminism means the independence of the body, mind and spirit and thus any woman who feels subjugated to do anything that is contrary to her will, will find the need to fight for her rights.

Tandon notes that women are portrayed as objects of pleasure while the male is the dominant owner. William Du Bois noted, “The soul longest in slavery and still in the most disgusting and indefensible slavery is the soul of womanhood.” He saw the fight for women liberation as important as the one for racial equality and peace (Du Bois & Zuckerman, 2004). Karl Marx and Friedrich Engel were also instrumental in advocating for women’s rights during their time (Donovan, 2000). Engel observed that the women were often treated as men’s property, which could be used and disposed. They believed that women ought to have economic freedom and they should have access to the area of public production. This was in line with Marx’s idea and thesis that the nature of individuals depends on the material conditions determining their production (Marx, 2007).

Some people take feminists to mean females who hate men, those who are career-minded and will do anything to achieve their goals and negligent mothers among other like terms (Paludi, 2010). Bell notes that, through dialog, people have a chance of asking questions and raising their concerns about women issues. Women movement has been relegated to the lecture halls and this has made it a preserve for the few. The movements had begun on the streets and they were aimed at mobilizing women to fight for their rights. A lot of money does not have to be spent on conferences yet the average woman on the streets still lacks a clear understanding on the whole idea of feminism.

References

Adams, N. B., & Sydie, A. R. (2002). Contemporary sociological theory. . New York, NY: Pine Forge Press.

Bruce, S., & Yearley, S. (2006). The sage dictionary of sociology. Thousand Oaks, CA: SAGE

Collins, H. P. (2000). Black feminist thought: knowledge, consciousness, and the politics of empowerment. New York, NY: Routledge.

Donovan, J. (2000). Feminist theory: the intellectual traditions. Harrisburg, PA: Continuum International Publishing Group.

Du Bois, W. E. B., & Zuckerman, P. (2004). The social theory of W. E. B. Du Bois. New York, NY: Pine Forge Press.

Henry, A. (2004). Not my mother’s sister: Generational conflict and third-wave feminism. Bloomington, IN: Indiana University Press.

Hooks, B. (2000). Feminist theory: From margin to center. United Kingdom: Pluto Press.

Hooks, B. (2000). Feminism is for everybody: passionate politics. United Kingdom: Pluto Press.

Hooks, B. (2004). We real cool: Black men and masculinity. New York, NY: Routledge.

Lord, M., Greiter, A., & Tursunovic, Z. (n. d). Feminist theory. Retrieved 11 February 2011, from www.soc.iastate.edu/sapp/Feminist.ppt

Marx, K. (2007). Das Kapital. New York, NY: Synergy International of The Americas, Limited.

Paludi, A. M. (2010). Feminism and women’s rights worldwide, Volume 1. Santa Barbara, CA: ABC-CLIO.

Sengupta, J. (2006). Refractions of desire: feminist perspectives in the novels of Toni Morrison, Michèle Roberts, and Anita Desai. New Delhi, India: Atlantic Publishers & Distributors.

Tandon, N. (2008). Feminism: a paradigm shift. New Delhi, India: Atlantic Publishers & Distributors.

Poetry Contrast

Poetry is an art form where its reading is not an intellectual activity but is more about what the reader feels when reading it and how they respond to it. Reading poetry while responding to the feeling it gives you results in an accurate reading with a better understanding and pleasure. In the same way if one reads poetry accurately and paying attention to detail, one is bound to learn to or automatically respond emotionally to the art form. Poets have a way of using this effect to get the attention of the readers and pass the intended message across. They not only pass the message but also create certain effects on the readers by influencing their emotions using elements of poetry writing.

Elizabeth Barret Browning, author of the poem ‘How do I love thee?’ and Jarold Ramsey who wrote, ‘The tally Stick’, are examples of authors that have used the elements of poetry writing not only to pass their message but also to influence the emotions of their readers while reading their poems. In ‘How do I love thee?’, Browning writes a direct and abstract poem at the same time. The poem is about the different ways in which she feels love. She connects these ways to ideas of obligations, which are high for instance, in the seventh line, she compares the love to justice and in the second through to the fourth line, she compares it to her spiritual aspirations. However, in ‘The Tally Stick’, Ramsey writes a much more concrete poem. The poem focuses its attention on an object; possibly a wooden carving that, like in ‘How do I love thee?’ shows how many ways the couple loves each other.

Both poems are about how deep two couples share a deep love and they both compare the deep love using symbolisms and analogies that represent just how deep the love is. This is seen in the earlier mentioned example where in the seventh line, she compares the love to justice and in the second through to the fourth line, she compares it to her spiritual aspirations. Browning creates an effect of love on the reader by suggesting a wide range of meanings of love and creates a variety of emotions. Her poem is a declaration of her feelings and an assertion of the permanence of the love that shall remain strong even long after their death. The poem contains lines and thoughts that many people would like to be told and through this, the author influences her audiences’ emotions. In the poem ‘The Tally Stick’, the poet uses symbolisms, analogies and imagery when he uses the stick to stand for the love they share. Its physical characteristics seen in the sixth, tenth and twelfth lines show how strong their love is. The carved markings on the stick show the events that are bound to occur in the course of their love, seen in the fifteenth to sixteenth line and in the twentieth to twenty-first line.

In both poems, the poets are speaking and are confessing of their true feelings. Both poets are expressing their contentment with their relationships and are both expressing their plans and hopes with their relationships. They say things that make the reader feel and they create an emotional aura that makes the reader want to experience such a love. The everyday lives of the two lovers in ‘How do I love thee?’ are not highlighted and the experiences they have shared with one another are not seen. The difference between their loving relationship and that of other lovers is also not seen. However in ‘The Tally Stick’, the poet shares very special moments with his lover that are highlighted in the poem from the fifteenth line moving forward. At the very moment of the writing of the poem, the poet is with his lover. This is seen on the twenty-fifth line where they are both touching the stick and reminiscing as the memories dissolve heavily into their emotions as they recall the unforgettable moments of their lives in love with each other. Both poems are very great accounts of the feelings of love from the authors and are both unique in their own ways. Readers of the poems shall react in a different way to each of the poems and the effect the poem has on each reader shall make some prefer one to the other. This preference shall most probably be attributed to the personal experiences of the reader and their emotions.

Cyber Agreement

According to World Intellectual Property Organization, Intellectual Property (IP) is “Creations of the mind, inventions, literary and artistic works, symbols, names, images, and designs used in commerce” (Mansfield, 1995). There are four legally defined groups of IP, namely patents, trademarks, copyrights and trade secrets. If there are any leakages on data, there will be gross financial losses. In case the IP assets are used by competitors, then financial losses will also be experienced. To avoid destruction of corporate data by Datanal Inc. and Minertek Inc., Finman should follow the steps below.

First, Finman should know where vital data or information on IP is stored. For example, they should know with certainty in which server the information on patents are situated. With this knowledge, then it will be easier to protect the files. Finman should have adequate knowledge of its server contents and all data stored. This makes management of the files easier and incase of any tampering by Datanal and Minertek, it will be easier to pin point the irregularities.

Secondly, Finman should discuss with Datanal and Minertek their scope more widely. In the Service Level Agreement, Finman should have included in the scope paragraph, the files Danatal and Minertek are not allowed to view. Finman should also make sure its employees know the items that are protected. They should be sensitized on the need for such protection so that they own the company’s vision to protect its data and IP (Brauneis, 2009). This will be to the advantage of the company, since in case any employee tries to enter into unauthorized sites or tries unauthorized trafficking probably with Datanal and Minertek, the employee cannot claim ignorance in a court of law since such information was passed to them.

Thirdly, Finman should come up with filters and content signatures. Finman should create special fingerprints on all sensitive information (Lewis, 2008). The fingerprints will enable the filters to detect when data is moving across networks even if that data is modified. For instance, it can detect when part of the protected information is moved by Datanal and Minertek or when a file is renamed. In addition, Finman can indicate the data and IP that are protected to avoid tampering with the information.

Fourthly, Finman should ensure it monitors all the information that goes in and out of its network. Application routes like SMTP protocol traffic, IRC, FTP or P2P. Non-standard ports can be used. Even Port 80, which is used by many organizations, can also be used. Finman should therefore think holistically (Mansfield, 1995). For example, if a person is scanning the internal network, the internal intrusion detection system goes off. Probably, an IT personnel inquires from the employee and requests him to stop doing what he was doing. Later the guard may catch the employee with some protected files in his suitcase. The employee may convince him that he had he did not know he had such documents in his suitcase. Much later, other irregularities may be noticed in the audit department or by other employees. It is therefore vital to have effective communication in Finman, so that in case Datanal and Minertek employees are engaged in dubious transactions, there might be good follow-up to ensure it is not fraudulent. Even if it is Finman’s employees, the same should be done because it could be an instance of teaming and lading.

Fifth, the organization must come up with concise policies on how to protect each IP. These policies must be adhered to and frequent inspection should be engaged to ensure that the all is fine (Lewis, 2008). Finman should ensure that it has flexible mechanisms for policies meant for IP protection. These policies should give guidelines on who is to handle what data. It should also state clearly that former employees are not allowed to get any data from the company computers. Actually, their passwords should be de-activated as soon as they cease to be employees, since they might be used by competitors or in our case Datanal and Minertek to get data that Datanal and Minertek are not entitled to.

Sixth, Finman should alert a legal officer or security officials of any interference with their systems. Alerts can also be sent to end users to sensitize them on how to handle all sensitive data. Actions to block any suspicious transfer of data should be put to place. If Datanal or Minertek, tries to send any e-mail messages or other types of message that seems suspicious, the systems set in place, should be able to block such transfers.
Seventh, for excellent IP protection, frequent tuning and adjusting is needed. To do this, Finman will need a historical capture database. This will ensure that all transactions that take place will be recorded and can be retrieved later (Mansfield, 1995). In case Datanal and Minertek engage in any dubious transactions, then Finman can go to its database and see the activities they were involved in. Any unusual patterns are also detected. These patterns could be transferred from malware programs that may be used to send data to remote destinations.

Existing investments should be leveraged. Network switches, encryption servers, web proxies and email gateways are some of the protection measures that should have been put in place to begin with. Any other solution brought up should be able to add to what is already there, thereby improving the overall protection of IP (Brauneis, 2009). Since Datanal and Minertek are there to help with IT, IT is good that Finman learns new ways of improving protection from Datanal and Minertek.

Eighth, gateways are excellent since they give a single point where data can be exhaustively protected. This is so because gateways monitor any incoming and outgoing traffics. Since Finman is a big company with many branches, any data leaks will be grave. To ensure more protection, they can lock down their desktops, to prevent any unapproved software addition or even disable their USB drives, thereby preventing exportation of data. These physical protection measures are very vital. If there is a room where sensitive data is stored, then Finman should ensure that it is locked up. Any vital data or information pertaining to IP should be under lock and key. The company should go ahead and ensure it knows which authorized person has the keys at any particular moment. Passwords should be used to make sure only authorized persons have access to the information.

Ninth, Finman should ensure that it disposes its waste well. For example, it should ensure that it shreds any waste papers, so that no information is leaked. Any ideas should be patented and an internal council can be used to approve R& D scientist’s publications (Brauneis, 2009). Nothing should be left to chance, be it the trade secrets, copyrights or any intellectual property. They should all be registered.
It is therefore vital that Finman states clearly in its scope paragraph what data Datanal and Minertek are allowed to view to avoid any disagreements in the cause of the contract. They should also invest in the basic data protection techniques like firewalls, passwords and encryptions (Lewis, 2008). Later whatever techniques they introduce, must be to leverage the ones that they are already in place. Communication is also important. This communication should be between Finman and its employees and with Datanal and Minertek. In the SLA document, Finman should even reduce the monitoring gap to monthly, because three months is such a long time for many things to have gone wrong. Finman employees and managers should be sensitized on the need to protect the data and intellectual property so that the will be careful not to disclose sensitive data that is protected to Datanal and Minertek managers or employees.

References:

Brauneis, R. (2009). Intellectual property protection of fact-based works: Copyright and its alternatives. Cheltenham: Edward Elgar.

Lewis, J. A. (2008). Intellectual property protection: Promoting innovation in a global information economy. Washington, DC: Center for Strategic and International Studies.

Mansfield, E. (1995). Intellectual property protection, direct investment, and technology transfer: Germany, Japan, and the United States. Washington, D.C: World Bank.

Corrections Timeline

In the past, punishment had been in the form of revenge but evolved to formal systems determined by laws and processes. The four eras to be discussed in this system are 1800s, 1900s, 1980s and 2000. Jails were merely stations to hold prisoners before they could be deported, executed, whipped, or given other forms of punishment. Today however, confinement too is a mode of punishment. Punishment for offenders is based on four premises namely deterrence, societal retribution, rehabilitation and incapacitation (Hall, 2008). The correctional system evolves with changing times to cater for new forms of crime.

In the 1800s, the objective was to rehabilitate as opposed to punishing wrongdoers. Zebulon Brockway, a superintendent of Elmira Reformatory in New York proposed the reforming of inmates through education (Levinson, 2002). Prisoners who performed well were released early; while those with low performance had their sentence lengthened. The legislation in New York had not clearly defined the duration of imprisonment; Brockway thought that reform through education would be the best way of determining how long an inmate could stay in prison and when he could be released. He viewed parole as the best alternative to incarceration. The problem with this system was in differentiating between the truly reformed, and those feigning reformation for parole.

In the 1900s, Brockway’s method was gradually replaced by strict discipline. Due to this, there was increase in aggression and rioting among the inmates. To curb this, recommendations made by the Wickersham Commission were reintroduced. Prisoners were grouped based on the security threat they posed. The less serious criminals were confined in prison farms where they were forced to work the farms and in forest camps. Inmates were also given vocational training to equip them with skills to earn a living once they were released. With such relaxed atmosphere in prisons, the rate of crime increased as the 1900s progressed. The result was a tougher system in the 1980s.

In this era, there was realization of the failure of the reform and parole system. Inmates who were released on pretence of reform continued to commit crimes. This caused an outcry among the public, causing reforms in the prison system. The three-strike legislation was introduced, whereby if a person was convicted of a serious crime on three or more instances, the court was obliged to give them a longer sentence. In addition, the death penalty and chain gangs were revived; there was reinstatement of boot camp prisons and in some states, parole was done away with (Levinson, 2002). These systems had been used in the medieval times but were modified to suit the 1980s.

The major reform in the year 2000 was the definition of capital punishment for serious offenders. Clear laws were enacted to govern execution. Capital offences include murder, treason and in some instances, sexual offences. Criminals convicted of these were sentence for life in prison, imprisoned in isolation, or as a last resort, given the death penalty. The correctional practices of the past eras have influenced present-day correctional systems. Today’s policies and reforms on prisons are a combination of all the above policies. Less serious offenders have the opportunity to be released on parole based on good conduct; a method introduced by Brockway. The decision on whether to grant, revoke and the conditions for parole are determined by the Board of Pardons and Paroles.

Capital punishment is another example. Practiced in ancient times, it was a form of restitution where no formal laws existed. Brockway’s method however, seems to be the most beneficial for correctional facilities. This method puts focus on the changing the behavior of the offender rather than just punishing. It is most suitable for less serious offenders, who will eventually return to the community. Educating and giving the vocational training ensures that they stay relevant to their society.

There exists room for improving the current practices on correction. Prison warders should be courteous when dealing with prisoners, especially the less serious offenders to ensure co-operation and reduce the occurrence of riots in the prisons. Prison authorities must also be keen on the needs of the inmates. A lack of concern is one of the major causes of violence in the prisons. Extracurricular activities should be given priority. Basketball, swimming, football and other sports will help the inmates relate better with each other and with other members of society when they are released. It will also reduce the chances of depression, a common cause of suicide among prisoners.

References:

Hall, D.E. (2008). Criminal Law and Procedure. Kentucky: Cengage Learning.

Levinson, D. (2002). Encyclopedia of Crime and Punishment, Volume 4. California: Sage.