Author: chris

 

Legal memorandum unit 9

Lack of contractual capacity

Contractual capacity refers to the bare minimum mental competence that is required by the law for a party or an individual to enter into a contractual obligation and be bound by it. In common law, “people who are mentally excluded in the contractual law” (Jeffery, Royal Institute of British Architects., & University of London 1989). The case investigated involves a party that was involved in the signing or entering into a contract when he was not on his senses. This was due to the fact that the individual was under the influence of alcohol hence making to lack contractual capacity.

 

The question presented

The case involves Mr. I. M. Bibe who is a 32-year-old marketing executive for a computer chip company. While drinking at lunch, Bibe entered into a contract to purchase a coffee shop form his co-worker, Mr. Lotts.  Bibe seeks our advice as to whether he is bound to the contract.  On March 25, 2011, Bibe and his co-workers went out to lunch around 12:30 p.m. to celebrate for reaching their sales and marketing goals for the third year in a row.While Mr. Bibe and the other co-workers drank the second bottle of wine, Lotts tied the asking price to the bonuses. Mr. Bibe finally told Lotts to put the offer in writing. Bibe agrees to purchase ‘The Coffee Shop’ at 12 N. Main Street for the sum of $300,000.” Lotts signed the paper and handed it to Bibe. While drinking, Mr. Bibe said: “Oh, why not? I’ve always wanted a profitable little side business.” and signed the paper. Mr. Lotts paid the bill for the salads and the wine. However, Bibe drove 20 miles home and took a nap. He woke up around 8:00 p.m. with a headache and remembered the events of the afternoon. He does not want to purchase the property. In this case, was Bibe bound to the contractual obligation?

Brief answer

Bibe was not bound by this contract because it was entered when he was under the influence of alcohol. Thus, this case was regarded to be under the category of the voidable contract where the party was intoxicated hence being incompetent.

Statement of facts

Looking at all the facts according to the case law, the court should consider regarding the issue of Bibe’s contractual capacity and concerning the issue of Lotts’ use of undue influence. The Contracts made by Bibe was under the category of the mentally incompetent parties which may be void, voidable, or valid, with variance to the conditions.

• Void Contract: A party who has been regard as being mentally bungling by a court of law previous to inward bound into a contract .The mentally incapacitated person cannot enter into any legally requisite contractual obligation. However, only in some cases such as where guardian is involved to represent the affected. Thus, the guardian or the representative could enter into the contractual obligation on behalf of the ineffectual party.
• Voidable Contract: This applies to a party that has been declared by the court to be mentally incompetent. Therefore, this adjustment is applicable in this case if the party at the time of contractual activity he was not aware or he was mentally influenced by other parties or by influence of a drug. This is also applicable where the parity at the time of entering the contract did not understand the purpose of the contract and the nature of the contract. In addition, if the party involved in exercise does not understand the consequences of the contract then he or she can be protected by the law. Therefore, “this exception of the option of disaffirming the contractual obligations applies only to the incompetent party” (Elias, Levinkind, & Stim 2007). However, in the contract the competent party will remain bound to the contractual obligation unless on the rampage that involves the disaffirmance of the minor’s.
• Valid Contract: An otherwise if “the party termed as incompetent party has the ability to understand the temperament, intention, and the penalty of entering into the contract can be bound by it” (Lund 2009).

Recommendations

The contract entered by Bibe is void and thus can be disqualified because it was entered when he was under the influence of alcohol. Hence this qualifies him to be mentally incompetent in the time of entering the contract. Therefore, he is not bound to the contractual obligation which he entered while he was mentally incompetent. Thus, the ruling of the court on Bibe’s case would be under voidable contract where the party was under influence of drugs. Hence, the contract can be terminated by the court due to the incompetency of the contracting party.

References

Elias, S., Levinkind, S., & Stim, R. (2007). Legal research: How to find & understand the law. Berkeley, CA: Nolo.

Jeffery, K. C., Royal Institute of British Architects, & University of London. (1989). The essentials of a legally binding contract. London, England: Royal Institute of British Architects.

Lund, M. (2009). Jagged rocks of wisdom-the memo :xx: Mastering the legal memorandum. Honolulu, Hawaii: Fine Print Press.

MEMORANDUM OF LAW

TO:      Prof

FROM:

DATE: May 9, 2011

RE:

APPLICABLE STATUTE

A person entirely without understanding has no power to make a contract of any kind, but the person is liable for the reasonable value of things furnished to the person necessary for the support of the person or the person’s family. Cal. Civ. Code § 38 (2011)

 

DISCUSSION

Mr. Bibe’s situation involves a contract. There are six requirements to form a valid contract: offer, acceptance, consideration, legality of subject matter, contractual capacity, and contractual intent. Lotts made an offer that Bibe accepted. The consideration is Lotts’ coffee shop and Bibe’s $300,000. It is legal to buy or sell a business. The requirements in question are contractual capacity and contractual intent. Contractual capacity refers to an individual’s mental ability to understand and hence enter into a contract. In modern law, intoxicated persons are considered mentally incompetent and lack the capacity to enter into a legal contract. Bibe therefore could not be bound by the contract because at the time of signing it, he was intoxicated. The contractual intent of both parties should be genuine and fair for a contract to be valid. In this case, Lott’s coffee shop was worth $ 300,000 yet it made an annual profit of only $ 30,000, hence it was a fraudulent transaction.

            The first part of the applicable statute speaks of lack of mental capacity to understand the requirements and complexity of a contract should not enter into the contract. Lack of understanding leads to a lack of power to contract. Bibe drank several glasses of wine with only a salad to eat, leading to a lack of understanding. The second part of the statute notes that even if a person lacks understanding to form complex contracts, that individual is still liable for necessary items to survive. Bibe has a well-paying job and does not need the coffee shop to provide for himself or his family. Furthermore, Lotts cannot use this statute to force Bibe to complete the contract.

Looking further at the statutory language, it says “entirely without understanding.” Cal. Civ. Code § 38. Considering that Bibe drove twenty miles home and recalled all the events of the afternoon, it is not possible to say that Bibe was entirely without understanding. Even if Bibe was not entirely without understanding, there is still the possibility that his drinking led to a lack of contractual capacity.

Contractual capacity is the ability to understand what one is contracting for at the time of contracting. The issue here is the lack of contractual capacity due to Bibe’s intoxicated state at the time the contract was executed. There are a number of elements to prove lack of contractual capacity; drinking alcohol, having little to eat, drinking large quantities of alcohol over a short period, agreeing to a contract flippantly, passing out, and waking with a hangover.

Guidici v. Guidici, 2 Cal.2d 497 (1935), looks at intoxication negating contractual capacity. Q.C. Guidici had been drinking for ten to fourteen days when Nellie Malley took him to Reno to get married. Before the wedding, Nellie had Q.C. sign over the deed to his property to her as the exchange for the marriage. The attorney and notary public involved here both testified as to Q.C.’s appearance of stupidity. When Q.C. sobered up, he learned what had happened and demanded his property back. Nellie refused and Q. C. sued. The trial court held for Q.C. and Nellie appealed. The appellate court upheld the trial court’s ruling noting a shift in the law: “The law now regards the fact of intoxication and not the cause of it, and regards the fact as affording proof of want to mental capacity. … A person who at the time of making a contract is completely intoxicated may avoid his contract notwithstanding the fact that his intoxicated condition may have been caused by his voluntary act and not by the contrivance of the other party to the contract.” Id. at 502 (internal citation omitted).

Phelan v. Gardner, 43 Cal. 306 (1872), deals with whether evidence of intoxication hours after contracting is valid proof of intoxication during contracting. Gardner owed Phelan a $1500 commission. Phelan brought suit for the commission. During the suit, Gardner took Phelan to a saloon, got Phelan drunk, and had Phelan sign a release contract for $300. At trial, Gardner introduced the release contract. Phelan had his wife testify that he was intoxicated a few hours after contracting as evidence of his intoxicated state during contracting. The trial court held for Phelan and Gardner appealed. The appellate court upheld the trial court’s ruling. The appellate court stated that “it was competent for the plaintiff to rebut defendant’s evidence of settlement and receipt of proof that at the time of the transaction the plaintiff was incapable of contracting intelligently by reason of intoxication.” Id. at 311.

With Bibe’s dilemma, it is necessary to determine what amounts to lack of contractual capacity. The first three elements of lack of capacity are drinking alcohol, having little to eat, and drinking large quantities of alcohol over a short period of time. Bibe drank multiple glasses of wine with only a salad to eat over a period of two and a half hours. It wasn’t until the second bottle of wine that Lotts brought up the idea of the sale. After Bibe declined, Lotts purchased more wine and continued pressing the sale until Bibe agreed after three bottles of wine. This is similar to Phelan in that the drinking occurred over a specific period of time. With Guidici, Q.C. was intoxicated over multiple days.

When signing the contract, Bibe’s comment “Oh, why not?” shows a flippant attitude towards entering into a large contract. These points towards Bibe being intoxicated and unable to contract intelligently. Bibe has an educational background in accounting and practical experience in contracts as a marketing executive. With this background, Bibe should be able to readily assess a good deal. With the disparity in the $300,000 asking price and the $30,000 per year profits, it would take Bibe ten years to recoup the initial investment. Between the comment when signing and this large disparity in price versus profit, it can be seriously argued that Bibe was highly intoxicated. Even though Lotts did not force Bibe to drink the wine, according to the rule in Guidici, the cause of intoxication is not relevant; solely that one party was intoxicated during contracting which will make the contract questionable.

After leaving the lunch, Bibe got home and fell asleep. When he awoke about four hours later, he had a headache. A headache after drinking alcohol is a common sign of a hangover and can be used to show Bibe was intoxicated at the time of contracting as allowed by the rule in Phelan.

There are facts that point towards Bibe having capacity at the time of contracting. Bibe was the one who asked for the contract to be put in writing. Bibe is experienced in sales and contracts as a marketing executive. Bibe had the ability to decline Lotts’ offer again. Bibe signed the contract on his own volition. Although Bibe helped consume four bottles of wine over a two and a half hour period, he still drove 20 miles home without incident. Bibe remembered all the events of the afternoon, including the wording of the contract, which points towards Bibe having capacity at the time of contracting. From these facts, it appears that Bibe has buyer’s remorse. Buyer’s remorse is not a valid reason to avoid a contract. Even if Bibe is found to have capacity, there is the question of contractual intent.

Contractual intent is the meeting of the minds where both parties are agreeing to exchange items and both parties fully understand the exact nature of those items. If one party uses undue influence over the other, that is fraud that negates contractual intent. There are several factors to show undue influence. The parties to a contract know each other personally. One party knows personal information, financial information, and/or the personal wants of the second party. One party arranges a situation or takes advantage of a situation to convince the second party to enter into a contract. One party provides alcohol to weaken the second party’s mental faculties. The parties were in disparate bargaining positions.

Undue influence is seen in Donnelly v. Rees, 141 Cal. 56 (1903). Donnelly’s father, Kean, was a known alcoholic. Rees overheard Kean try to have Kean’s friend Carroll take possession of Kean’s interest in a mine to avoid a debt. When Carroll refused, Rees took advantage of the situation and joined the discussion. Since Kean wanted two people on the deed to his mine interest, Rees brought in his friend O’Brien. While drinking, Kean signed over the deed to Rees and O’Brien without any consideration from Rees and O’Brien. Donnelly brought suit to reclaim the mine interest after her father’s death. The trial court held for Donnelly, and Rees and O’Brien appealed. The appellate court upheld the decision for Donnelly stating that “where one ‘gains a thing by fraud or undue influence’ takes as trustee for the grantor.” Id. at 62. Even though Kean committed a fraud, Rees and O’Brien could not profit from their own fraud.

The issue of undue influence is exemplified by Marron v. Marron, 19 Cal. App. 326 (Cal. Ct. App. 1912). Mary Marron took advantage of her son Thomas Marron while he was intoxicated to gain possession of all his real property. Thomas was a known alcoholic and sold $15,000 worth of property for $10 to his mother. Thomas was married and had a child at this time. Nellie Marron, Thomas’ wife, did not know of the transaction until she was made administrator of Thomas’ estate after his death. Nellie sued Mary to cancel the property transfer arguing that Mary used undue influence over Thomas while he was in a drunken state. The trial court granted Mary’s motion for nonsuit. Nellie appealed. The appellate court reversed saying that “generally, where there is weakness of mind in a person executing a conveyance of land, arising from age, sickness, intoxication, or any other cause, although not amounting to absolute disqualification, and inadequate consideration, imposition or undue influence will be presumed.” Id. at 332.

Swan v. Talbot, 152 Cal. 142 (1907), deals with evidence to show disparity of bargaining positions as proof of undue influence. Swan was a sharecropper on one of Talbot’s ranches. Talbot had an affair with Swan’s wife. Swan found out and went on a drinking spree. Talbot heard about Swan’s binge and sought him out. Talbot encouraged Swan’s continued inebriation and got Swan to sell Talbot Swan’s farming equipment. Talbot paid Swan $200 in cash and released Swan from a $10,404.32 debt. Swan’s property was worth $21,949.86. When Swan sobered, he sued Talbot to get his property back. There was sufficient evidence to show Swan was intoxicated at the time of contracting. The trial court found that Talbot used undue influence and held for Swan. Between the time of the contract and the trial, Talbot had sold the farming equipment. Due to this change in circumstances, the trial court could not return Swan’s property to him, so it awarded money damages for $11,345.54. Talbot appealed arguing that since Swan did not ask for money, Talbot should not have to pay and Swan was just out of his property. The appellate court upheld the trial court’s decision, stating that “equity … will not assist a man to avoid a contract which he has entered into when drunk, merely because when in his sober senses he may wish he had not entered into it. However, on the other hand, it will not countenance fraudulent imposition. Gross inequality in the values exchanged—between the consideration moving to and that moving from the drunken party—is always received as evidence of imposition.” Id. at 145.

In order for undue influence to be present in contractual negotiations, the parties must have a relationship. Bibe and Lotts are co-workers. Therefore, they know each other personally. This element is illustrated in Marron with Mary and Thomas being mother and son with a familial relationship. In Swan, Talbot was the landlord and Swan the tenant, which is a contractual relationship. In Donnelly, the relationship is somewhat tangential. Rees and O’Brien used Carroll and Carroll’s relationship with Kean to induce Kean to contract.

Another element is that one party knows personal information, financial information, and/or the personal wants of the second party. Lotts knew Bibe was interested in buying a side business. Lotts knew Bibe had just gotten a large bonus, as well as some of Bibe’s previous bonuses. Lotts offered the small business and tied the purchase price to the previous two years worth of Bibe’s bonuses. In Donnelly, Rees overheard a private conversation between Kean and Carroll and used the divulged information to enter the discussion. In Swan, Swan owed Talbot a large sum of money. Talbot also knew Swan was drinking away his sorrows after finding out his wife cheated on him. Using this information, Talbot sought out Swan to gain possession of Swan’s farming implements to Talbot’s benefit and Swan’s detriment. Mary Marron used her knowledge of her son’s property holdings and Thomas’ alcohol weakened mental state to gain possession of Thomas’ property holdings.

Lotts took advantage of the lunch situation to press the offer. Lotts waited until the second bottle of wine before making the offer to Bibe. When rebuffed, Lotts ordered additional wine for the table and got his business records from his car. All of the precedent cases illustrate the point of taking advantage of a situation in the use of undue influence. Rees overheard Kean’s conversation with Carroll and jumped in when he saw an opening. Mary Marron took her son to a notary without Thomas’ wife present to prevent Nellie from challenging the deed transfer. In addition, Talbot sought out Swan in a bar and continued purchasing drinks to keep Swan in an intoxicated condition.

Another element that ties in with taking advantage of a situation is providing alcohol while contracting. Lotts continued to order wine and push the sale until Bibe agreed to the contract. Lotts paid for the entire meal and the wine, even though he did not drink any of the wine. The precedent cases show the same course of action. Talbot continued to purchase alcohol for Swan, even though Swan had already been drinking. When executing the deed transfer in Donnelly, O’Brien purposefully provided Kean, a known alcoholic, with alcohol. With Marron, there is no outright evidence that Mary Marron provided Thomas, a known alcoholic, with alcohol, but there was testimony that Thomas appeared stupid at the time he signed over the deed.

A major element is that the parties were in disparate bargaining positions. This means that the value of the item exchanged was much less than the money paid for it. Comparing the sale price of $300,000 to the annual shop profits of $30,000, it would take Bibe ten years to recoup his initial investment. Considering Bibe’s schooling and work history, it is unlikely that Bibe would have agreed to such a disproportionate agreement. Even with the point in Swan that if one causes his own intoxication he is bound to any contract entered, if the consideration exchanged in the contract is so unequal, the court will consider that as prima facie evidence of undue influence according to the rule in Swan. Even though Bibe did not commit fraud like Kean did, the Donnelly rule supports the conclusion that Lotts’ actions were undue influence and Bibe’s $300,000 is only held in trust by Lotts. Bibe had weakness of mind due to intoxication and while that is not an absolute disqualification of the contract, because the consideration exchanged here is so disparate, undue influence should be presumed under the rule in Marron.

The counter-arguments against undue influence begin with the fact that Bibe was the one who asked for the contract to be put in writing. Lotts didn’t get a piece of paper or write up a contract until Bibe made the request. And Bibe signed the contract on his volition, without assistance.

Additionally, Bibe has an education in business with an emphasis in accounting. He works with contracts in his job as a marketing executive. With this academic and practical knowledge Bibe should be able to readily assess a good deal. Whether Bibe actually took the time to review the books Lotts provided or not is irrelevant. Bibe was provided with the information and chose to go through with the contract.

Furthermore, Bibe drove twenty miles home without incident leading to the conclusion that he had capacity at the time of contracting. Safe driving requires close attention to detail to events going on around the car. If Bibe had enough wherewithals to drive home without getting into an accident, it is reasonable to assume he had enough wherewithal to assess an offer and enter into a contract. It is commonly known that courts will not invalidate a bad bargain in a contract unless fraud, undue influence, or out right deception is shown.

 

CONCLUSION

Reviewing all the available information and case law, Bibe was intoxicated to the point where he lacked contractual capacity when he signed the contract with Lotts. If one party to a contract is intoxicated, the actions of the other party must be reviewed. Reviewing Lotts’ actions, it appears Lotts took advantage of and contributed to Bibe’s intoxicated state. Lotts used his knowledge of Bibe’s desire to own a small business and Bibe’s recent bonuses to propose the contract. Lotts did not bring up the sale until Bibe had already shared two bottles of wine. These actions show a course of undue influence to obtain the contract. If one party to a contract uses undue influence over the other party, then contractual intent is negated and the contract is void. If this goes to trial, the court should find the contract void and hold in favor of Mr. Bibe.

 

Reference

Helewitz, J.A. (2010).Basic contract law for paralegals. New York, NY: Aspen Publishers.

Miller, R. L. & Jentz, G. A. (2008). Business law today, the essentials: text & summarized cases–e-commerce, legal, ethical, and international environment. Mason, OH: Thomson/South-Western West.

 

Environment and Drinking Water

Water is the most important component needed for the sustainability of human life. It is used in virtually all aspects of life. It is used for domestic purposes, in industries, for agricultural purposes and for recreation and sports. The value of water in human life cannot be disputed. Many areas have insufficient drinking water and in such cases, people and animals are forced to use polluted water. Water is polluted by industrial and chemical waste products and domestic sewage from septic tanks. When it rains, the rain carries the fertilizers, herbicides and pesticides that have been used in the field. The polluted water ends up in rivers, lakes and other water bodies. This exposes them to various health problems and it causes water related diseases. The environment also suffers greatly when the available water is not sufficient to sustain it or when it is exposed to polluted water.

When there is no water, human activities such as agriculture are affected. The World Health Organization estimates that 1.1 billion people lack access to drinking water. It is estimated that ninety million people in America do not have ready access to water (Free Drinking Water). It is not possible to irrigate and this means that there is lack of food. Plants and other vegetation dry up and die when they lack water and this only leaves plant that can survive in dry conditions. There are many areas where people lack food and they suffer and die from starvation. In other areas, the people rely on poor diets because they can only feed on plants that survive in arid areas. These foods lack the nutrients needed for normal human growth. People in these areas end up suffering from diseases such as malnutrition and kwashiorkor yet these diseases can be prevented easily. Animals are not exempt and they suffer and die because they do not have enough food. Those who feed on vegetation end up dying and the ones that feed on meat also die because they lack food.

Insufficient water causes people to use any available water regardless of the quality. People and animals drink contaminated water and this causes many diseases and other health problems such as health defects. It is estimated that 1.6million children die annually because they lack clean drinking water. Lack of drinking water causes illnesses such as eye ailments and skin diseases (Boesak and Hansen 176). Polluted water causes ailments and diseases such as dysentery, cholera and typhoid. This problem does not affect developing countries only. In America and Canada, infectious waterborne diseases were reported that were caused by cryptosporidium and giardia (Free Drinking Water). 1.8million people die annually around the world because of diarrhea complications. Contaminated rainwater that ends up in water bodies affects the living organisms in seas and lakes. Many fish and other water creatures die because of contaminated and polluted water.

Industries release industrial waste, which may contain chemicals and heavy metals. When these pollutants are exposed to water, they enter the food chain and they cause chronic diseases such as liver disorders. They also cause developmental abnormalities, cancers. The presence of mercury in water can cause a lot of damage to humans, animals, birds and fish. It damages the human brain and nervous system and alters the behavior of different animals. Rain is usually a welcome relief especially after a dry spell. Rainwater was for a long time considered the purest form of water. This changed when it was noted that air pollutants had an effect on rainwater. Acid rain causes the soil to have a lot of acid and deprives it of important elements such as calcium and magnesium. Forests that have acidic soils are affected since they grow more slowly since they lack sufficient nutrients and renders then susceptible to insects and other pathogens. Acid deposition destroys buildings and facilities made from calcium carbonate and other metals such as copper (Sharpe).

Human beings, animals, birds and fish suffer when there is insufficient water and when the available water is contaminated. Children are especially susceptible to diseases and waterborne diseases are responsible for many deaths. Lack of water for irrigation causes human suffering in arid areas since people do not have food and in some instances, they end up fighting for the minimal resources that are available. Industrial and chemical pollutants cause birth defects especially in developing areas where there are no strict environmental regulations and laws. Some children are born without limbs and the adults suffer terminal diseases through no fault of their own. Malnourished animals end up dying because they have no food to eat. They do not produce to their capacity and this reduces their number. Insufficient water affects the aesthetic beauty of a place. Dry grasslands are vulnerable to fires and this fire spreads to other areas where it causes a lot of damage. This also affects the tourism industry. Many tourists are attracted to the wildlife and other natural features. When there is no water, animals and birds migrate to other areas, and the affected areas suffer because there are no tourist attractions.

People need to realize the importance of water and especially clean water. If everyone had access to clean drinking water, many deaths would be prevented. Waterborne diseases would be eradicated. Everyone has a role to play to realize this goal. Contaminated water affects all areas of life and even though industries are responsible for polluting water with industrial and chemical waste, they cannot function without water. People need to control all types of pollution and this will reduce chances of acidic rain. They should avoid household products that have harmful ingredients. People will then be able to harvest rainwater and use it for irrigation and domestic use. Minimizing the use of fertilizers and using organic fertilizers will reduce the pollutants carried by rainwater to other water bodies and this will conserve the living organisms in the water.

 

Works Cited:

Boesak Allan and Hansen Len. Globalisation II – Global Crisis, Global Challenge, Global Faith. South Africa: AFRICAN SUN MeDIA, 2010. Print

Free Drinking Water. Where do Waterborne Diseases Rank in Causing Human Health Problems. 2011. Web. 26 May 2011

Sharpe E William. Acid Rain. 2011. Web. 26 May 2011.

Advertising Campaign Effects in Business

Introduction

Advertising is an important marketing tool that is used in almost all industries. Advertising can determine the success of a business because it can increase sales. Advertisers can use different mediums such as the television, radio, print media, social networking sites and the internet. Advertisements serve various purposes. They are used to introduce new products in the market, they educate the consumer regarding the use of different products, they remind the consumer to purchase the products and they are used when the companies are carrying out promotions. Advertisements can lead to changes in different sectors as many people become more aware of the effects of using the advertised products. Advertising campaigns have different effects on the automotive, food and beverage, travel and tourism, real estate, banking and the telecommunications industry.

Discussion

The automotive industry has experienced many changes over the years. Consumers no longer buy cars for the sake of finding a means of transport. Both the consumers and the marketers have become more sensitive to environmental issues. Advertising campaigns have contributed to the fierce competition in the industry. Everyone wants to highlight a unique quality of his or her products. Manufacturers have in turn been forced to create cars that are environment friendly and more energy efficient. The advertising campaigns have exposed more people to the options available.

Fast foods, alcohol and soft drinks make up for most advertising in the food and beverage industry. The main target for fast foods and soft drinks ads are children and teenagers. Advertisers look for ways through which they can entice children such as giving the free toys. This has in turn increased the number of sales of the particular products. Advertisers also use sex appeal to appeal to teenagers and young adults. Advertisers in the fast food industry do not face strict regulations as those dealing with alcohol. Due to health concerns, health practitioners have put in place measures to ensure that advertisers market more healthy options. This has produced tremendous changes since healthier foods have become more available. It has contributed to many changes such as reducing the content of salt, sugar and fats in the food and beverage products.

Advertising campaigns have a positive effect on the travel and tourism industry. Stakeholders in this industry usually promote the best attributes of their products and services. Advertising different destinations opens them up to larger markets around the world. It introduces new cultures to the people, including food, music, and the general lifestyle of the people. Advertisements in this industry also serve to educate people regarding different environmental issues. People become more aware of the effects of climatic changes such as global warming and floods and they learn how to manage and take care of their environment. Another positive effect of advertising in this industry is that it has enabled people to get value for their money because marketers only advertise what they can offer. The stakeholders ensure that they offer the best services and diverse products to ensure return visits. Advertisement campaigns in this industry have ensured that the advertised destinations receive more visitors.

Advertising campaigns in the real estate industry has led to innovative changes in the way the ads are presented. This has in turn led to competition in the industry and it has contributed to the ease at which people acquire or rent homes. The real estate agents are compelled to give out more information regarding the products they have on sale as competition becomes fierce. More agencies and individual stakeholders in the industry have been forced to use digital media as a campaign platform. This has in turn added more creativity and contributed to enhanced efficiency. The use of the internet has greatly reduced the cost of advertising in this industry and has given marketers a larger platform on which they can display their products.

There is high competition in the telecommunications industry. This is especially because of the widespread use of cell phones and different versions of smart phones. This has in turn created fierce advertising campaigns, especially those targeting people below the age of forty-five. Advertising campaigns has led to increased sales in this industry. It has created more knowledge of the different products and has enabled people to distinguish between the different products. These campaigns have added more value to the products on offer. No firm wants to be left behind in technological matters. Advertisements make a company aware of their rivals’ products and they in turn create better products. This has contributed to creating diversity in the market and has exposed the consumer to the products being used.

The banking sector has also experienced changes that have been brought about by advertising campaigns. This is because bankers have become aware of their rival strategy through such campaigns. In an effort to rival the competition, the bankers have been forced to offer more competitive products and services. This has given the consumer more importance and worth. The competition has also ensured that cheaper products and services are on offer as the banks try to attract more customers. Many people have become more informative about the banking industry.

Conclusion

Advertising campaigns have had both positive and negative effects to the companies and consumers. It has led to many changes, most of which have served to benefit the consumer. These changes have been facilitated by the competition in the industry. Advertising campaigns are responsible for the restrictions in advertising in different industries. People have become more aware of the products and services they are consuming because of these campaigns.

 

The Warrior Woman

In the novel, Maxine Hong Kingston is initially a woman warrior, and later on becomes a warrior woman. A woman warrior is an individual who fights for the rights of women and could be of either gender that is either male or female. A warrior woman on the other hand is a woman who is an expert in warfare and uses this to defend her community or tribe against external forces. In a non-literal sense, a warrior woman is also a woman who shows great courage and diligence in a particular field, particularly one that is challenging or male-dominated such as politics.

Maxine Hong Kingston is the woman warrior in this story because she uses the five examples to show the place of women in Chinese society and her challenges growing up as a Chinese-American woman. In the novel, Kingston narrates the story of five women who include the No-Name Woman, Fa Mu Lan, Brave Orchid, Moon Orchid and Kingston herself. Kingston uses the women in this novel to illustrate the role of women in traditional and modern society, and how the women interacted in the male-dominated society (Kingston 53). Kingston is the woman warrior because she uses this memoir to highlight her issues as a woman and those of other woman like herself.

The No-Name Woman is an example of a woman who suffers because of not meeting the moral expectations that are expected of a woman in traditional Chinese society. The society considers women as useless and as such, the author guesses that the baby that the No-name Woman gave birth to must have been a girl, and that is why the mother wanted to spare her the misery of growing up in a repressive society.

In the novel, the warrior women are Fa Mu Lan and Brave orchid. Fa Mu Lan is a Chinese myth of a woman who fights in her father’s place (Kingston 12). Fa Mu Lan is the real female warrior because she embodies all the characteristics that a woman should have according to the author; tough and assertive yet warm and gentle. In Kingston’s fantasies, she wants to be as fierce as Fa Mu Lan, yet in real life, she is unable to assert herself and meet her challenges adequately. Her self-esteem has been shaken because she is heavily discriminated against for her race and gender. This makes her timid and unassertive and even when she tries to claim her rights and speak to her bosses about the racial discrimination, she is fired (Kingston 97).

Brave Orchid, Kingston’s mother is a woman warrior because she portrays strength, wiliness and assertiveness. Despite the negative traditional perceptions, the Chinese community holds about women, Brave Orchid has managed to make a name for herself as a doctor. Her bravery is seen when she threatens to hit her sister’s husband and when she gets rid of the sitting ghost. Brave Orchid however is also an enemy to the women as she also gives the author the perception that woman are useless in the Chinese community and thus one has to be outstanding and brave in order to be recognized. She tells the author the story of the No-Name Woman and warns her sternly not to tell anyone about it; she believes that the No-Name Woman deserved the punishment she got because she acted out of the Chinese culture, which in fact was repressive towards women (Kingston 119).

Kingston emerges as a warrior eventually when she realizes that she can stand up for herself like a warrior through her words and her writing. She is also a warrior because through her memoir, she fights for the rights of the women who are oppressed by cultures and societal expectations. Whereas before she was scared to talk to her mother, she deals with her fears and even confronts her bravely about her negative attitudes towards women.

Works Cited

Kingston, Maxine. The woman warrior: memoirs of a girlhood among ghosts. New York, NY: Knopf, 1994. Print.

 

Argumentative Style Essay on Gay Marriage

Gay marriage has been an issue in the society, and currently, its debate is rising every day in many societies worldwide. A few societies and countries have legalized it, while many have not, although some of this might not be against it totally. This issues has had mixed reactions, where religious denominations and other people are against gay marriage, while some feel that gay couples are people, and democracy demands that each person should have equal rights, hence gay couples have a right to marry. It is important to note that the issue addressed here is gay marriage, which does not mean that being gay should not exist, but rather, its marriage should not be permitted. In this issue, there are two sides, where some are for it, while Christians are against it, with an argument that marriage is a sacred union between a man and a woman, which is ordained by God, and allowing gay couples to marry is evil, and unnatural, while the other side argues for equal civil rights among all people. Further, they claim that marriage just means a commitment between two people, and that there is no gender specification (Wolfson 11). I strongly believe that gay marriage should not be legalized since it is unnatural, and at the same time, it is a threat to the continuity of the human species, since people of the same sex cannot reproduce together, and men and women need to complement each other for continuity of the human species

Those who advocate for gay marriage say that it is not stated who should marry whom, and argue that marriage is a lifetime commitment by two people who love each other and support each other, and that marriage should serve to provide dignity and respect for a couple, and they should be allowed to marry too. For most people, marriage is a sacred ceremony that should be between a man and a woman, who choose to love each other until separated by death. This has been the traditional marriage since time in memorial, and gay marriage has been evolving more rapidly recently, due to people’s evils. Legalizing it might put religion denomination at the risk of marrying gay couples, since legalizing it will mean a right, and cannot be denied, hence gay couple who might want to marry in church could demand it as a right. This will be a violation of religious beliefs, and further more, it will change people’s beliefs, especially children who will be confused about the side to take. Many people have appreciated the fact that it is wrong, and majorities are against it and describe it as a social evil.

Procreation is one major reason of marriage, where a family is set up on this base. However, it is right that the first aim of marriage is companion, and children are the fruits of the companion (Bidstrup, 2000). Gay marriage use this point to justify why they should have a right to marry, which is logic, but again, this will be a risk to mortality, since gay couples have no natural ability to bear children by them selves. Recently, some gay couples have established families, where some adopt children or chooses to have a child with a third party, and the children are brought up by the gay couple. Some lesbian couples may prefer the use of sperm donor services, which would mean that more children would be born with out a father, which will compromise the understanding of the child where he or she might not understand how they came into existence. Moreover, acquiring children in this way is likens a child to a possession necessary in a family, and does not have to from the couple that raises it. This promotes scientific ways of making children such as test-tube babies, which are against Christianity. Children brought up by same sex couples may be confused about which role they should play in future, whether a man or a woman, since masculinity or feminism is not recognized in gay marriages, and their sexuality will be affected greatly. More to the point of gay couple having children, this will change the meaning of marriage, where infidelity will increase since these couple will need others to have children, and this may mean group marriage, where couples might be married to another for the purpose of reproduction. According to Benne and Gerald (2004), “From research carried out in the Netherlands, a country that has legalized same-sex marriage, the arbiter makes a valid argument. Furthermore, results from such studies have inferred that even men involved in same-sex unions ‘stray’ and have multiple sex partners outside their marriages.” Researches have shown that children brought up by a father and a mother who are in a stable marriage understand their sexuality better, and know what they are and the roles to play, and their development is better. More still, gay marriage suggest that marriage is primarily for pleasure, since it ignores reproduction, and only focuses of the pleasure gotten from it, and the family set up of a father mother and children, which is the basic social foundation will be disrupted.

Gay marriage would affect children directly, “If SSM is legalized, schools would be required to teach that same-sex marriage is equivalent to opposite-sex marriage, starting as early as Kindergarten that would violate the beliefs of many parents” (religioustolerance.org, n.d.). This would have a serious impact to not only the children, but also the whole society. Children would grow knowing that gay marriage is just ordinary as opposite marriage, and they would not understand which one would be fit for them. “Gay marriage will also encourage teens who are unsure of their sexuality to embrace a lifestyle that suffers high rates of suicide, depression, HIV, drug abuse, STDs, and other pathogens,” (Benne and Gerald, 2004). The roles of women and me will change completely, since their roles would involve acting both roles, as a man or a woman for men, and the same for women. Eventually, interdependence of men and women might be disrupted, since men may no longer need women or other way round. This may not happen immediately, but according to the trend of rising gay couples, this might come to have an effect. “It is notable that favor towards such unions is increasing. At the beginning of the year, there were almost the same numbers of individuals both for and against gay couples. At the current rate, American adults who support same sex marriages will outnumber those who oppose the same.” (religioustolerance.org, n.d.).

When it comes to civil rights, the gay couples intend to achieve equal rights that allow them to marry so that they can be capacitated to perform legal obligations such as having a right to sign on the behalf of the other. For instance, if a gay person is hospitalized, and somebody is needed to sign necessary documents, they are not allowed by law, and have to seek family assistance (Rimmerman and Clyde 67). This is a good reason, but considering the implication of gay marriage to the society, it is not comparable, and this cannot be reason enough to legalize it. In this, they mean that denying them the legal rights has far consequences on them, which are financial too, such as accessing Medicare, and social security among other benefits, which could include inheritance. This is true, but again, it still does not justify marriage rights, and if this were to be offered, it would mean that the social set up of the society would be affected, since it will promote homosexuality more, against the will of majority. This issue could be addressed through domestic recognized partnerships between such couples, but must not be based on their sexuality, but rather, just relationship. For instance, just as person can authorize a contract on behalf of another person, with his or her consent, the same way, in a case of medical decisions, they could show that such an agreement existed between them, and permission to decide on their behalf would be granted.

The society as a whole, will be negatively affected by all these factors directly and indirectly too, if gay marriage is legalized. The first issue is on the family, where increased cases of children being raised up by single parents, since most of such marriages do not last long, and a new generation that suffers sexuality disorders will arise, further disrupting the traditional family set up, will arise. Considering that family is the basic social unit under which a healthy society exists, disrupting this might have serious consequences on the society, and such marriages would render the society unstable in the long-term. It should be stressed that proposers of gay marriage are fewer than their opposing counterparts, and in a true democracy, these unions would not be allowed. “It is critical that a society be founded on a family unit headed by a single male and his female counterpart. Without such a foundation, the whole society would fail. Occurrences involving separations, divorce, single-parent households and out-of-marriage pregnancies would be reduced drastically” (religioustolerance.org, n.d.).

As debates of gay marriage continue to rise around the world, many people continue to embrace homosexuality, something that seemed so evil societies, now seems normal, and debates have lately changed from acting against it, to suggesting that gay marriage be legalized. This implies that things that were regarded sinful now might be regarded as normal issues, which means that human beings are becoming more and more sinful, and at points disregarding the consequences. If gay marriage were to be legalized in majority of societies, the meaning of marriage would change from the traditional view that most people know, to anther view that suggests a union between any two people who love each other, and it would ignore the purpose of reproduction. Legalizing gay marriage would again mean that family setup in the society would change gradually from the traditional basic one, to other forms such as children brought up by same sex couples, who might not be their parents, and children may never know who their real parent are.

Gay couples could be a result of confusion of ones sexuality, that could arise if children are brought up in a family that has no relationship with both gender, for instance, a girl brought up by her mother alone may never know the role of a man, and could have problems relating to men, which could lead to lesbianism. It is important that religious denominations and other people against gay marriage to encourage traditional families, which would discourage gay marriages. Gay marriage should be stopped and its legalization in the several societies banned, to ensure that societies remain stable, and further stop future likelihood of generations affected by this issue.

 

Work Cited

Benne, Robert and Gerald McDermott. “Speaking Out: Why Gay Marriage Would Be Harmful.” christianitytoday.com. 2 Jan 2004. Web. 6 May 2011.

Bidstrup, Scott. “Gay Marriage: The Arguments and the Motives.” bidstrup.com. 2000. Web. 6 May 2011.

Religioustolerance.org. “Same-sex Marriages (SSM), Civil Unions & Domestic Partnerships.” religioustolerance.org. n.d. Web. 6 May 2011.

Rimmerman, Craig and Clyde Wilcox. The Politics of Same-Sex Marriage. Chicago: University of Chicago Press, 2007. Print.

Wolfson, Evan. Why Marriage Matters: America, Equality, and Gay People’s Right to Marry. New York: Simon & Schuster, 2004. Print.

Frederick Douglass’ Narrative

Fredrick Douglass was one of the greatest people who fought against anti-slavery in America during the18th century. He escaped from slavery in Maryland where he was born and moved to New York in search of liberty. He worked as the Liberator in the American slavery during 1845. He strongly supported the rights of women and helped the Black and White to maintain equality. Fredrick is often depicted as the initiator of civil rights in America. The Narrative of the Life by Fredrick Douglas indicates leaderships, loyalty, moral issues, political powers and determination characteristics that he believes black and white together with North and South should learn.

Fredrick believes that people should imitate his leadership and be representatives of others. During anti-slavery in America, Fredrick stood firm and became a spokesperson on behalf of those who were under slavery. He became the prominent speaker and leader of the anti-slavery movement and supported the rights of women. His writings on the black Americans during early 19^th century depicted a brave image of what people should do in order to inspire others. He inspired many people who eventually believed that color was not a permanent barrier to the achievements of their dreams.

His liberty gave humanity the most sophisticated and persuasive interpretations of the black Americans selfhood, depicted in many of his literature work. He wrote many literature books that he believed would inspire the black and white, north and south. His influence was virtually immeasurable, his narrative about his bondage and freedom was the most sophisticated and it taught many people about freedom. His creativity depicted a selfhood model that people from the south adopted and started fighting in search for freedom.

In addition, he believed that people should follow his moral and political aspirations. His selfhood model with an ethical and political influence gave the aspirants a suitable way for their personal autobiographical self-portrait. His idealistic characteristics influenced people from the north and south of America and many candidates started to seek heroism by struggling to achieve communal liberation. Fredrick says, “If there is no struggle there is no progress” (Douglas, 2007). Fredrick believed that the candidates should follow his footsteps to avert the black Americans cultural conservative roles to the fundamental roles. These conservative roles were the issues that denied women their rights for freedom hence Fredrick had to abolish them through his political power.

Fredrick’s loyalty character is another example that he believed the black and white, north and south should imitate. He was a man of loyalty and he advised many people such as John Brown and Abraham Lincoln. Fredrick says, “where justice is denied, where ignorance prevails the society will not be safe” (Douglas, 2007). He wanted to end slavery hence had to welcome the Civil War as a means of helping the black Americans to get freedom. He pleaded with President Johnson to provide the voting rights to the African Americans. He recruited African American into the national army union to join the Civil War. His loyalty to the Republican Democratic Party gave him a way to the highest political offices that many political leaders had never won. This was a lesson that he believed other leaders should imitate in order to liberate people from slavery.

He believed that people should be dedicated to abolish racism that separated the black and white. He was dedicated in uniting the black and whites that were separated because of the skin color that determined the economic and social value of an individual. This contributed to slavery where the whites undermined the blacks hence Frederick in his publication book about “Life and Times” was meant to educate people on this issue. The book depicted Fredrick’s dedication to abolish racism and it was about “life of victory” especially to the southerners. In the late months of his life, he condemned the rise of dispute in the South and disputed the idea of disenfranchising the black Americans. He created a peaceful social climate in the south that prevailed throughout the southern state.

As a determined abolitionist, he campaigned for freedom, free soil, anti-racism and opposed slavery. He believed that people should learn the lessons from his determined abolitionists to create a peaceful environment. He declared liberty for all slaves during the congress of the 13^th amendment. He says, “We are waiting and longing for the answer to the agonizing prayers” (Douglas, 2007). In between 1860 to 1861, his campaigning approaches to abolition led to many changes. He stressed the essential loyalty of the blacks and recruited many blacks from the northern into the civil war. However, his social equality contributed to discriminatory criticisms about federal army promotions. Even so, his investments in self-help and tribal uplift encouraged assurance on citizenship rights after a double victory that he was determined to achieve in World War I. He was determined to campaign for the blacks in order to be included in the military union. This was a lesson that he believed people should follow in order to avoid tribalism and overcome slavery.

References

Douglas, F. (2007). Narrative of the Life of Frederick Douglass: An American Slave.

Minneapolis, MN: Filiquarian Publishing, LLC.

 

Logic and Islam

Many Islamists regard Islam as a religion that promotes peace. However, recent events over the years have caused many people, especially those who are not familiar with Islam, to hold a different view. This is especially because of the terrorism acts and terrorism movements that have been experienced all over the world. A significant number of people are of the opinion that Islam encourages violence more than any other religion (Researcher Cq 159). In most cases, the terrorists mostly claim to profess the Islamic faith. They usually justify their actions by quoting the holy book, claiming to work for Allah and defending their faith (Researcher Cq 160). Islamic religious leaders have often opposed acts of violence and terrorism. However, it seems that not much has been done to create a more positive image of this religion. With radical Islamists and Islamic theologians citing the same source as their reason for supporting or opposing various acts of violence, it makes it difficult for us who profess the Islamic faith to speak out against those who spread violence.

One of the causes of dispute between the mainstream and radical Muslim scholars has been jihad. Theologians and scholars do not seem to agree on the exact meaning of jihad, where and how it ought to be applied. On one side, jihad means a “personal and spiritual struggle” and to others it “encompasses self-defense or conquest against non-believers” (Researcher Cq 159). The latter opinion is the main cause of misunderstanding. Other meanings of jihad include changing an unfavorable social condition by leading a good life and making the society moral and just. It also includes spreading the word of Islam and armed struggle. The duty to Islam can be fulfilled by heart, tongue, hands or by the sword (Aubrey 112).

Despite the differences in meaning, it is clear that jihad involves the protection and preservation of the Islamic faith. People will therefore interpret the meaning differently depending on how extreme they are in their faith. Those who feel that their faith is under attack will therefore be more protective. In the early years of Islam, many people in the Islamic community had no problem accommodating people of other faiths. They lived together with Jews and Christians and they all tried to maintain their peace. Divisions in the Islamic faith have changed the peace that existed. Radical Islamists consider it their task to defend their faith and to ensure that all those who are living in the same region practice the same faith.

Anyone who obstructs the vision of an Islamic state is considered an infidel and jihadists consider it their task to get rid of such people. The jihadists are considered Muslim extremists and they establish Muslim nations through violence (Palmer and Palmer 85). Indeed, some countries are still fighting for the right of freedom. This is in contrast with the teachings of Islam, which do not support the forceful conversion of people to their faith. Jihad also brings in the concept of martyrdom. Suicide is considered a sin in the Koran and many theologians and scholars agree on this issue. However, there are those who support it and this is seen in the increasing number of suicide bombers. Although it is clear that they are actually committing suicide, there are those who support them because they believe that in the end they are martyrs – people who died for the sake of their faith. Suicide bombers believe that they will be presented with rewards in the afterlife because of their brave action.

The meaning and application of jihad continues to be contentious and until everyone can agree, it will always remain a cause of disagreement within the Islamic community. The differences in meaning of various Islamic teachings can be attributed to the divisions in the Islamic faith. Unless all the scholars agree, many people will still consider Islam as a religion that encourages violence, instead of seeing it as a religion that promotes peace. Non-Muslims will blame terrorism activities on Islam and this will just cause many people to have a distorted view on the faith.

 

Works Cited:

Aubrey Stefan. The New Dimension of International Terrorism. Germany: vdf Hochschulverlag AG, 2004. Print

Researcher Cq and CQ Researcher. Issues in Terrorism and Homeland Security: Selections From CQ Researcher. Thousand Oaks, CA: SAGE, 2010. Print

Palmer Monte and Palmer Princess. At the Heart of Terror: Islam, Jihadists, and America’s War on Terrorism. Lanham, MD: Rowman & Littlefield, 2007. Print

 

Power and Justice in Female/ Male Roles in “Trifles”

“Trifles” is a movie written by Susan Glaspell in the year 1916. The main theme of the story is differences in gender and the effects of isolation on an individual. The movie is a story about how the women in the play get away with a murder case. The women in the play are witty; they find clues to the murder and help their fellow woman to cover all the evidence. The men overlook the clues hence they do not find any evidence and the murderer. In the movie, the writer uses symbolism, irony, and foreshadowing to express that the women face a power resist when their legal obligations collide with their empathetic and protectionist feelings for a fellow woman. The movie is more about gender roles, opposed to the repression of females. Gender issues, power and justice are the key highlights in the movies “Trifles” and “Shutter Island.”

In the movie, a woman’s strength comes from working together; the women in the play act as a group and not as individuals. The idea defines women through masculine beliefs since they used their limited role to challenge the law and achieve justice (Marsh 201). Irony of the mind sets of male and female that was exercised in the 20^th century is exemplified in the play. The question of justice is answered at the end of the play. Minnie who murdered her husband justifies her cause by stating that her husband had made her a prisoner. This is because she had cut off all the communications in the house restricting communications to her friends. For his husband, the telephone was more of an expense and it threatened the sense of possession of Minnie, hence he disconnected it. The wife had no choice but to murder the husband since she declared that the worst crime is to deprive one off her rights. The woman defines deprivation of rights as being strangled. She had been isolated for a long time until she murdered the husband to get freedom.

The movie “Shutter Island” was written by Dennis Lehane in the year 2003. In the year 2010, Martin Scorsese released a movie under the same title. The movie entails an investigation been carried out by two marshals at Shutter Island. They investigate the disappearance of a patient who was locked in a psychiatric institution where they carry out mind controlling experiments. The people in the movie were trying to help the US marshal accept his identity; they were part of the trick. The trick was played on him because the psychiatrist knew he was quite intelligent and his mind had the power to conceive great things. The woman named Miss Bridget Kearns, an axe murderer, admits to the crime she committed. She had killed her husband because she wanted to be granted freedom. She was enslaved by the husband; she had not seen many of the inventions in her market place due to been locked up (Gut p.200).

This is symbolic in that, the woman wanted to be granted power and the freedom to control her life. She did not deserve to be imprisoned by the husband. The woman justified her case by stating that the husband deprived her social life from her youth to her maturity that was the worst thing. Justice was served to the US marshal; he was not imprisoned in jail but was imprisoned in his thoughts. Silent justice was served to all characters. The psychiatrist in the movie “Shutter Island” exercises power. He invents a drug that can erase people’s thoughts and tests it on his patients. The man had authority over his patients and exercised it by conducting experiments on the patients. Teddy is highlighted as powerful as he adopts the position of a marshal; he thinks himself as a superior marshal. The women in the play are expressed as weak. This is because they are not audible instead they are silent; the act of being silent is what saves them. Their silence is a powerful weapon because they hide the details of the murder away from their husbands (Clarkson p.283).

The issue of gender and power in the two movies is highlighted clearly. In the first movie, Mrs. Wright commits murder and justifies the act as worth since her social life had been restricted to the farmhouse. The movie is a deceptive play because it represents a conflict between two models; it finally establishes competition between two ethical paradigms (Clarkson 282). In the second movie, the Miss Bright admits to committing murder too, she justifies the act by stating that the husband locked her in the house for so many years that she never knew about the innovations that took place at the market place. In the issue of group work, in the movie “Trifles” the women ganged up together and supported each other while covering for the act the defendant committed. In both works, the men set about collecting evidence: in “Trifles”, the county attorney, the sheriff and the husbands to the wives. The attorney cannot understand the significance of a loaf of bread left outside the box, the kitchen table half wiped, a quilt in progress and a missing pet canary. The sheriff and attorney are certain they have left nothing out “nothing of importance” (Trifles p.8). The women notice these little details and form opinions though being ridiculed by the men. Similarly, in “Shutter Island” the US marshal is set to investigate the loss of Rachael who really does not exist. They all used their intelligence in finding the clues to the murder case and the disappearance but eventually find no solution. The men in the movie are highlighted as weaker; they are unable to solve the puzzles to the cases.

Intelligence issue is also highlighted; in both movies the characters are considered as highly intelligent, they can crack passwords and complex clues. In the first movie, the women are crowned as the heroes and the murderer who is a woman is granted justice. The second movie however, acknowledges the man as the hero; he is referred to as very intelligent and quite determined. When he is put into test, he approaches the hospital administration and orders them to give him the staff records of which they decline. This is because they know how manipulative he can get after viewing the records. The last time he had manipulated one worker named Peter Breene after getting hold of his file. Empowerment, both movies highlight this factor. In the first movie, the women work independently and prove to be resourceful. In the second movie however, the main character works with a partner but along the way the partner aborts the mission and leaves the marshal to work alone. The marshal at last ends up not accomplishing any agenda since the mission was not real. The psychiatric was a genius his invention was effective, he showed that he had power over the human body by inventing a drug that would control the mind.

Another common similarity is that in both movies, the characters were guilty of their crimes. In the first movie, Mrs. Wright starts as a lonely figure and remains sympathetic. The second movie Miss Bright Kearns is declared guilty and is sentenced to jail. The U.S marshal is guilty as well; he suffers mental problems due to the actions he had earlier committed. He had murdered his wife and was facing his sentence. The main difference in the two movies, the first movie covered real cases while the second was based on a test to check on the efficiency of the experiments.

Conclusion

The overview conclusion was that justice was served to the guilty persons; they paid for the crimes they committed. Mr. Wright died and freed Mrs. Wright of the stress (Marsh 201). Enforcement was exercised; both genders were highlighted as heroes according to the movie. In our today’s society, women are recognized as social beings unlike in the past where they were restricted by the men. Women can now stand for their rights. However, only a small number is downcast by the men. The issues highlighted in the first movie are a reality. This is because there have been so many cases relating to the issue addressed. The issues in the second movie combine reality with fiction. Men will always be embraced as the strongest and the most intelligent however, this is coming of age.

 

Works Cited

Gut, Alkaylay. “A Jury of her peers.”  Short Stories for Students Vol 3. Detroit: Gale. eNotes.com. January 2006. Web. 5 May 2011. <http://www.enotes.com/jury-her-peers/introduction>.

Marsh, Kelly. “Dead Husbands: the Trifles in Legally Blonde.” The Literature/Film Quarterly 13 (2008): 201-280. Print.

Clarkson Holstein, Suzy. “Silent Justice in a Different Key: Glaspell’s Trifles.” The Midwest Quarterly 44 (2003): 282-290. Print.

Decade of Corporate Greed

The economy of the United States became strong globally because of the capital greed. The government and social policies served to crush the capitalist’s greed away from the market. Reagan favored some people who made things to happen. He introduced an economic policy based on the economic supply sides in the 1980s. Due to his powerful political policies, he introduced an economic policy based on widespread tax cuts, reduced social spending, increased military expenditure and domestic market deregulations. The decade of corporate greed was the new policies where corporations benefited from new social, political and economic composition in the 1980s.

The social composition led to the creation of wealth by entrepreneurs and investors due to capitalism that was allowed in the market. The free-market economy and private owners became wealthier thus raised the standards of living. Under Reagan’s policy, profits ended and people started concentrating on wealth, a concept that led to a slow decline in living standards for some individuals. He deregulated many firms because of destroying competition and creation of oligopolies. This led to the dominance of the firms by a few powerful people (Douglas, Wright and Herron, 1983).

The political composition was associated with powerful political policies that led to an economic boom. Money became too powerfully used in politics and the candidates who spent money won 98%. There was too much money supply in the market and the rich became richer whereas the poor became poorer. This was because wealth was concentrated within the millionaires. The Republican politicians directed their rage to the poor for dragging the economy behind and yet the rich were ripping off the poor. The corporate greed benefited the rich who owned big firms because of reduced tax. The corporate fraud increased and white-collar offense led to more damage and the government had to spend $30 million to control welfare fraud (Douglas, 1983 et al).

The economic composition of the decade of corporate greed led to the longest peace in economic expansion in the American history. Public expenditure increased and the military expenditure rose to 2000 dollars. The Gross Domestic Product was 4.9% and public expenditure was 22.7%. He reduced the tax cut rates that affected the high-income earners thus lowering tax cut rates to 50%. His economic policies led to inflation forcing the United States to borrow money from within and outside to clear the government budget deficits. This raised the national debt to $2.85 trillion in an attempt to reduce inflation and nominal interest taxes (Brill, 2009).

The social, political and economic composition of the decade of corporate greed affected the political climate of the 1980s through different ways. First, the economic composition affected the entire economy specifically the poor whose poverty level increased to 13%. Secondly, the political composition encouraged capitalists to make more profits in the free market. The corporate greed benefited the wealthier but it affected the poorer. Lastly, the social composition affected the political climate in a way that it created the gap between the rich and the poor. Political opponents regarded Reagan’s policies as the trickle-down economics.

References

Brill, M. T. (2009). America in the 1980s. Minneapolis: Twenty-First Century Books.

Douglas, C., Wright, M. and Herron, C. (1983). THE NATION; signs of spring, notes of caution in the economy. The New York Times. Retrieved from http://www.nytimes.com/1983/02/20/weekinreview/the-nation-signs-of-spring-notes-of-caution-in-the-economy.html