Romeo and Juliet Essay Example for Free

Romeo and Juliet Essay In the bunch of roses Romeo will send to Juliet, there will be three blossoms. The primary rose in this bundle is Acacia. This blossom represents mystery love. This delineates one of the significant topics in this book. Mystery love is the entire reason among Romeo and Juliet. They are continually attempting to keep their affection for one another hidden. They even get hitched stealthily just a day after they meet. This thought of mystery love is available in Romeo and Juliet when Juliet says â€Å"My just love, sprung from my just hate† (1. 5.139). What Juliet implied when she said that was the main individual whom she cherished was the child of her familys foe, the Montagues, whom she was raised to abhor. The second rose in this bunch will be the Carnation. This bloom speaks to interest, imprudence, delight, and gave love. This is noteworthy in the book in light of the fact that despite the fact that Romeo and Juliet just met, they are profoundly enamored with one another, captivated and might be taking things excessively quick. The statement from Juliets talk in act 2 scene 2 â€Å"Romeo, doff thy name; and for thy name, which is no piece of thee, take all myself. (2.2.47-49) implies that Juliet needs Romeo to surrender his name and family devotion and in return, take Juliet. The third and last rose in the bunch is the Violet. This blossom is related with friendship, reliability, love and taking a risk on bliss. This subject is one of the most basic ones in the book on the grounds that without it, Romeo and Juliet may never have taken the risk to be together. This is noted in the discussion among Romeo and Juliet when they initially meet. Romeo asks, â€Å"For what reason love† and Juliet reacts, â€Å" †¦ My abundance is as unlimited as the ocean, My affection as profound; the more I provide for thee, The more I have, for both are infinite.† (2.2.130, 133-135). The message Romeo needs to send to Juliet with the bunch of Acacia, carnations and violets is that their affection is mystery. It is impulsive,â passionate and profound. They have to take a risk to be together to discover their joy.

Macbeth †Notes on Elements of the Gothic in the play Free Essays

* An Elizabethan crowd would have been truly unnerved by the occasions in front of an audience as they accepted that witches existed, murder by black magic was made culpable in 1563 along these lines exhibiting that individuals during this time accepted witches were genuine and had enchanted forces. * The topic of quibble is utilized by Shakespeare to feature the witch’s fiendish nature; they use words with twofold implications to confound and disorientate Macbeth’s musings and cause a contention in his psyche (among great and underhandedness). * â€Å"the bizarre sisters† †while likewise meaning odd the word strange is gotten from the early English ‘wyrd’ which means destiny or predetermination, destiny is regularly described as 3 elderly people ladies. We will compose a custom article test on Macbeth †Notes on Elements of the Gothic in the play or on the other hand any comparative theme just for you Request Now * Change * Macbeth is elevated to Thane of Cawdor by King Duncan, the crowd still can't seem to meet Macbeth when Duncan settles on this choice along these lines an impression of Macbeth as a noteworthy man is shaped. The importance of this advancement is that Macbeth experiences a change from a fearless officer to a higher positioning, and progressively respectable, position. * Macbeth’s sensational change in character is enhanced in act 3 scene one as he endeavors to obliterate Banquo, his dear companion who he held in high regard toward the beginning of the play. As the play advances there is a consistent breakdown of Macbeth’s character, making him be â€Å"not himself† by the end. An obscuring of imagination and reality * The line among dream and reality gets obscured; the zenith purpose of this is in act two scene two after Macbeth enters from the homicide. His bit of psyche has been broken as he feels that he has â€Å"murdered sleep†, there will never be a way out from his insidious deeds as he has now gotten caught in a living bad dream. To Macbeth (who comes over nearly stupor like) he is similarly as helpless alert as snoozing and to rest would be too troublesome in light of the fact that his psyche has gotten degenerate with detestable considerations. (Macbeth turns out to be somewhat insane during this scene as he battles to understand what is befalling him, this is additionally a part of turmoil) * â€Å"Is this a blade which I see before me† †Macbeth seems tormented by his vicious activities, which actuate his shocking fall, it is after the homicide of the lord that he gradually advances into a crazy person who feels wild with his psychological state, it is tainted contemplations that lead him to become power fixated and in this way a dangerous, terrible man, his numerous hallucinations add to mounting anticipation. (This additionally has connections to change †change of the brain) Noteworthy utilization of setting * Act one scene one opens with â€Å"Thunder and lightning† recommending that the witches, who have accumulated to discuss Macbeth, are some place outside. * The play is presented as dull and perilous, fiendish is presented through the turbulent climate that represents the confusion to come. * In act two scene four Ross and an elderly person talk about the blustery night, representing disturbance in the realm, there is unmistakable riddle as the area of the discussion is indistinct, discussion happens some place â€Å"outside the castle†. * â€Å"A camp close the battlefield† is the setting in act one scene two; a war zone is where numerous individuals pass on, later in the play Macbeth turns into a killer executing a few people for un-just reasons. The lord talks about the courage appeared by Macbeth and chooses to compensate him with the title Thane of Cawdor, he is being remunerated for murdering here which could be a slight component of anticipating of his capacity to execute for his own finishes (pitiless man). The most effective method to refer to Macbeth †Notes on Elements of the Gothic in the play, Papers

Disparate Dwellings in Jane Eyre - Free Essay Example

In Charlotte Bronts Jane Eyre, each distinct place where Jane stays represents a different point in her life, and they each have an impact on her as a whole. In the novel, both Gateshead and Lowood Institution have a great effect on Jane, but a reader might wonder which place is she better off at? Jane Eyre is much better off at Lowood than she was at Gateshead Hall. She is not continually physically abused at Lowood Institution, as she is at Gateshead. Jane is allowed to have friends and to confide in people whom she loves and trusts. At Lowood, she is able to obtain partial freedom within her education, which later leads her job as a governess. Even though both residences have their own significance for Jane, she has a better life at Lowood Institution. As Jane grows up, she stays with her Aunt Reed at Gateshead Hall, where she is subject to multiple accounts of abuse. While a child grows up, it is crucial that they are nurtured and loved so that they become respectable people later in life. Jane, however, never experiences a familial love and, therefore, feels a sense of isolation her entire time at Gateshead. Instead of experiencing this love, she becomes used to physical and verbal abuse equating time with family. Accustomed to John Reeds abuse, I never had an idea of replying to it; my care was how to endure the blow which would certainly follow the insult (Bront 9). The words never and certainly imply that this abuse has happened multiple times with no consequence for John. At Lowood, she is punished for things that she has done, not made up scenarios in which Jane is always at fault. When Jane first arrives at Lowood, she still feels a small sense of isolation, but that is short-lived. She soon meets Helen Burns, who is an unbelievable influence on Jane. Lowood Institution allows Jane to gain friendships and to open up to people about her past experiences. Meeting different people at Lowood has a huge impact on Janes life. If all the world hated you, and believed you wicked, while your own conscience approved you, and absolved you from guilt, you would not be without friends (Bront 79). Helen helps Jane realize that shes not an awful, unhappy person just because people have told her so her entire life. She is whoever she sets out to be. Jane has friends who are there for her and will stick by her side no matter what. She not only gains support, but also advice that she carries with her throughout the rest of her life. In Janes life, the decision to leave Lowood in search of a new servitude becomes imperative in constructing her future. She is allowed partial freedom and obtains an education which later on allows her to get a job and meet her future husband. Her education is well-earned and benefits her immensely. But Servitude! That must be a matter of fact. Anyone may serve: I have served here for eight years Can I not get so much of my own will? Is not the thing feasible? Yesâ€Å"yesâ€Å"the end is not so difficult (Bront 100). The discipline and schooling at Lowood makes it easy for Jane to figure out a way to find a new residence for servitude. Jane also knows that she can do something with her life than just feeling isolated and detached. She can find happiness by following her own passions. Even though both Gateshead Hall and Lowood Institutions remain critical points that help to shape Jane Eyres life, she endures much less hardship at Lowood. Mrs. Reed and the Reed children are no longer able to harm or isolate Jane. Lowood allows for Jane to create new friendships in which she can confide in those whom she eventually loves and trusts. She now possesses some semblance of family. Janes partial freedom and education, which she could have only obtained at Lowood, help her to discover new paths in life. All throughout Jane Eyre, Jane suffers at Gateshead but, on the other hand, thrives at Lowood. If she was truly better off at Gateshead, why would Jane be so eager to leave when the concept of schooling was made a concrete possibility? She wishes to escape the oppression she experienced at Gateshead. Works Cited Bront Charlotte. Jane Eyre. EMC/Paradigm Pub., 1998.

Abuses of power in the Kenyan Constitution - Free Essay Example

Sample details Pages: 13 Words: 3838 Downloads: 1 Date added: 2017/06/26 Category Law Essay Type Narrative essay Level High school Topics: Power Essay Did you like this example? Introduction Kenya has made momentous strides towards grasping meaningful democracy principles with the promulgation of the new Constitution on 27th of August 2010[1]. As a result of these democratization initiatives, the power of the executive has been abridged and that of the legislative and judiciary considered autonomy. Hence, the Constitutional of Kenya recognises separation of powers and its allocation of powers to different organs of state as a permanent feature. Don’t waste time! Our writers will create an original "Abuses of power in the Kenyan Constitution" essay for you Create order Taking note of limits being imposed on the state powers in line with the principle of separation of powers as articulated by the former French theorist Montesquieu[2], it is now evident that all powers to be exercised in public functions, must flow from the constitution as the Kenyan Constitution[3] is regarded as the supreme law of the land[4]. Hence, any law inconsistence with it is regarded as null and void. Despite these significant gains abuse of power still strive as going to be conversed in the analysis below. Framework of Kenya The Constitution may be defined in terms of governance as the law that seeks to define, distribute and constrain the use of state power so that power is applied to the objectives for which it was invented and in the manner in which it was intended[5]. The Constitution of Kenya, 2010 has laid great emphasis on transparent, accountable and democratic governance[6] to ensure they do not deploy state power in a manner that does not efficiently aid th e welfare of the people. Concept of accountability within the framework of Kenya Accountability exists where persons in authority are answerable for their actions and there is transparency in leadership.[7] For instance, the Executive is to be restructured by reinforced checks and balances from other institutions.[8] The Constitution of Kenya 2010 outlines national values and principles of governance[9] by introducing far reaching changes to Kenyaà ¢Ã¢â€š ¬Ã¢â€ž ¢s system of governance. The Constitution created a decentralized system of government characterized by two levels of government, that is, the national government and the county governments[10] to correct deficiencies of centralized system of government blamed for promoting and sustaining bad governance in Kenya[11]. The Constitution 2010 indorses a compromise on decentralisation, in an attempt to enable the judiciary to carry out its functions. The judiciary has the power through judicial review mechanisms to assess executive and administrative conduct or actions of the state, state organs, state departments, and state officials.[12] Closely related to the concept of accountability is the doctrine of the Rule of Law which is one of the most important political ideals of all time[13]. It is the principles of governance in which all persons, institutions and entities are accountable to laws publicly promulgated and enforced[14]. A practical understanding of the rule of law requires officials to obey the law, and apply rules as set with all the caution and courtesy to fairness secured on such ideals as natural justice, and procedural fairness. The rule of law is violated when these institutions are undermined or interfered with. Doctrine of separation of power The doctrine of separation of power is said to be a bourgeois political legal theory that claims that state power is not a single entity but rather a composite of different governmental carried out by state bodies independently of each other. The Doctrine of Separation of powers includes the following distinct but overlapping aspects that is; It is an Institutional separation of powers due to the need to have three major institutions thus, the legislature enacting laws, the executive enforcing laws and the judiciary interpreting laws. It also has an element of Functional separation of powers in that state power or functions must be vested and exercised by three separate organsthat arelaw making, enforcement and interpretation, thus each organ having its discrete and defined area of power[15]. There is also an element of Separation of personnel in that no person should be a member of more than one organ.[16] Lastly the doctrine of separation of powers has an element of limitation of appointing powers as state organs should not appoint or elect members for each other. Separation of powers principles protects both individuals and each branch of government from incursion by the others.[17] The doctrine of the separation of power is distinctively highlighted in the constitution, 2010[18]. Separation of powers in the Kenyan Constitution The Kenyan Constitution modifies the relationship between the Judiciary, the Legislature and the Executive by reintroducing cornerstone principles of the constitutionalism supremacy, parliamentary sovereignty and judicial independence[19]. The Constitution of Kenya, 2010 gives the concept of separation of powers a two pronged approach. State power has been separated and dispersed both vertically and horizontally[20]. In this way each of the branches shall be a check to the others each must be confined to the exercise of its own function and not allowed to encroach upon the functions of the other branches. The theory is based on the assumption that all the three organs of the government are equal yet in most cas es, the executive is more powerful. The three arms of government The Legislature Under the previous constitution, Parliament had only one chamber[21]. After implementation of the 2010 Act, the Parliament now has two chambers, the National Assembly and the Senate[22]. The main function of the legislature is to protect the Constitution, promote democratic governance and make laws.[23] In particular, the independence of the legislature is guaranteed by the Constitution through the establishment of the Parliamentary Service Commission[24]. The National Assembly together with the Senate acts as a control and critic of the Government[25]. It reviews the conduct of the President, the Deputy President and other state officers and initiates the process of their removal from office[26]. The Senate comprises 47 members elected by registered voters of the counties[27]; each county represented by one member. The Senate enjoys powers to impeach the President, vote on the laws relating to the amendment of the Constitution and the authority to approve the appointment of public officials[28]. In exercising this function, they must obey the constitution. THE EXECUTIVE The Executive is the arm of government that implements government laws and policies[29], role neither performed by the Judiciary, nor the Legislature. The executive has its share of power consisting of the President, the Deputy-President, the Attorney-General and the Cabinet Secretaries[30].Cabinet Secretaries shall not be members of the National Assembly (Parliament) even though they get approval from the parliament[31]. The Executive authority is vested in the President with the assistance of the Deputy President and Cabinet Secretaries[32]. Under the Constitution of Kenya 2010, there will be established 47 counties in Kenya. Each county will have its own system of elected government as well as an elected Governor. The Governor is directly elected by the voters in the county and appoints an execut ive committee from amongst people who are not members of the county assembly[33]. The 2010 Constitution enshrines a presidential system of government[34]. The President, the Deputy President, and the Cabinet exercise the executive authority derived from the people of Kenya[35]. THE JUDICIARY The second organ is the judiciary whose main function is to interpret and apply the law. It comprises courts, judges and magistrates[36]. The judiciary determines disputes which arise between individuals, and those arising between individuals and the State. One of the issues for judicial reforms intended to be resolved by the New Constitution was the need to have a more independent and transparent judiciary.[37] However, the efficacy of the Judiciary in honouring its mandate is founded on the substantive and procedural independence granted to it[38]. Institutional independence is therefore paramount to guard the constitution, the rule of law and fundamental justice[39]. The New Constitutio n attempts to address this concern by creating an all-encompassing and accountable Judicial Service Commission[40] as an independent mechanism for appointment of judges[41]. Checks and balances It is now generally accepted that the Judiciary, like its counterparts in the executive and the legislature, must be held accountable to the discharge of its constitutional mandate of judicial function. Indeed, accountability has been called the other side of the coin of the independence of the Judiciary. Separation of powers is not absolute; it is instead qualified by the doctrine of checks and balances The key concerns of over-centralisation of power in the office of the President are addressed by ensuring checks on executive power through periodic reporting to the National Assembly[42]. The legislature also checks the executive through reserving the power to impeach a President[43], while the executive on the other hand checks the legislature through presidential assent to make a bill law[44]. The judiciary on its part checks the executive and legislature through its power of review[45]. Conversely the executive and legislature check the judiciary through determining the appointment of the members of the judiciary[46]. The legislature exercises its oversight role in a number of ways. As mentioned above, the appointment of certain members of the Executive is subject to approval by the National Assembly[47]. In addition, Parliament is required to consider for approval the appointment of certain office bearers in the judicial arm, such as the Chief Justice and Deputy Chief Justice[48]. This was affirmed by The High Court in Centre for Rights Education and Awareness (CREAW) and Others v The Attorney General[49], where the applicants challenged as unconstitutional the Presidentà ¢Ã¢â€š ¬Ã¢â€ž ¢s nomination of certain individuals to the offices of Chief Justice, Attorney General, Director of Public Prosecutions, and Controller of Budget .In this way, the Court ex ercises oversight of the National Assembly, even where the National Assembly itself is exercising the oversight responsibility of the Executive. In this way each of the branches shall be a check to the others and no single group of people will be able to control the machinery of the state[50]. In addition to the above three perspectives of the horizontal separation of powers, the architecture and design of the Constitution take a plural approach to the organisation of the legislature in the form of a bicameral institution thus creating a further dispersal of power.[51] However A complete separation of the three organs may lead to constitutional deadlock (d isunity of powers). Thus, a complete separation of powers is neither possible nor desirable powers of president. Likewise in other countries[52], doctrine of separation of powers is not applied strictly and absolutely in Kenya. In modern countries, therefore, there is always some overlapping of functions. For example: Legisl ation has become so far-reaching and complex that Parliament cannot enact all of it. Acts of Parliament must leave details to be filled in by regulations made by other authorities, usually Ministers. Hence the Executive branch must be given some law-making powers. Also, the role of government has expanded so greatly that many decisions which affect peopleà ¢Ã¢â€š ¬Ã¢â€ž ¢s lives must be made quickly, and some of these decisions require specialised knowledge which is not possessed by judges or magistrates. Many of these decisions are made by administrative tribunals established by and answerable to Ministers. Hence the Executive branch is increasingly given judicial powers. This is not necessarily undesirable so long as the tribunal obey the basic standards of fairness laid down by the law and courts are able to review their decisions. It is recognised in Kenya also that judges do not just interpret the law. They develop and adapt the law to take account of changing circumstances, a nd in that way they actually make law. Hence the judicial branch has some law-making or legislative powers, but this power should not go beyond refining and developing existing law. Conclusion The Constitution promulgated on 27 August 2010 is not anyoneà ¢Ã¢â€š ¬Ã¢â€ž ¢s perfect document. For those who had struggled against Moià ¢Ã¢â€š ¬Ã¢â€ž ¢s regime, it changes too little. For the governing elite and its supporters, it changes too much. It also leaves considerable space for institutions and their relationships with one another to develop. But the tale of the determination of Kenyans in pursuing constitutional change may give some indications of the future. that many Kenyans will use the Constitution as a basis on which to build a strong democratic order. Conclusively, The Constitution promulgated on 27 August 2010 is not any personà ¢Ã¢â€š ¬Ã¢â€ž ¢s perfect document. For those who struggled under the previous regimes, it changes too little. For the governing elite and its supporters, it changes too much. It also leaves considerable space for institutions and their relationships with one another to develop. But the tale of the determination of Kenyans in pursuing constitutional change may give some indications of the future. the new Constitution establishes rules, values, and principles that, if realized through strong implementation and legislative measures, can contribute significantly to attaining justice and a just society based on the rule of law that many Kenyans will use the Constitution as a basis on which to build a strong democratic order. What the country emerged with is a compromise document that accommodated the interests of all groups that strenuously sought representation. Read more at: https://www.standardmedia.co.ke/article/2000132919/despite-political-hiccups-2010-constitution-is-a-godsend/ Criticism of article Juristerred in that he wasted oceans of ink and mountains of paper in trying to define doctrine of separation of powers e there are not always clear dividing lines between administrative, legislative and judicial functions jurists have and in a modern State there must be a great deal of co-operation and interaction between the Executive and the Legislature, in particular, if the States business is to be efficiently conducted. Second find jurist who supports separation of powers of journals as below A strict separation of powers system could prove catastrophic althoughà ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦..wrote a journal upholding doctrine of separation of powers in Kenya.in a bid to allocate functions to the three arms of the government,[53] there was to be elimination of the appointment of Cabinet Ministers from within parliament and relying on technocrats rather than politicians. This may result in the Kenyan presidency in the near future becoming even less answerable to the wishes of the electorate while the legislature/parliament sinks into irrelevancy. This is mainly because Kenyan MPs a re not U.S. Senators or Congressmen; the system of parliamentary committees is but new and weak. Individuals become Members of Parliament, after expending vast sums of money. But national development needs to be directed by a strong executive if it is not to get out of hand and wasted in a sea of corruption. The Judicial Service Commission (JSC) conduct the appointment of judicial officers[54]. The JSC shortlist successful candidates for the position of the Chief Justice and Deputy Chief Justice and hands them to the president[55] to pick from the list the preferred candidate giving the judiciary (JSC) some political autonomy somehow[56]. The judicial independence is two pronged consisting of institutional independence and judicial independence. Institutional independence is where the judicial arm of government is independent from the executive and legislative arm while the judicial independence is whereby a judge is able to decide cases solemnly based on the law and the facts wi thout external interferences.[57] Third Nevertheless, this manner of judicial appointments poses acute constitutional, policy and ethical questions. For example, the relevance of open interviews as a basis of approval and appointment[58], the essence of Section 129 of the evidence Act[59] which provides that judges and magistrates should not be subjected to procedures that may undermine the discretion of the judicial function and the judicial offices before the public. Institutional independence is enforced to ensure security of judicial officers against any external pressure that may jeopardize the dispensing of justice. [1] Kenya promulgated the new constitution on 27th August 2010, regarded as the most striking accomplishment in governance in Kenya since attaining freedom in 1963. See also Philip J. Crowley. 2011. Implementation of Kenyaà ¢Ã¢â€š ¬Ã¢â€ž ¢s New Constitution. [2] The principle of separation of powers among the various arms of government may be traced from the French writer, Charles Louis de Montesqui in his, à ¢Ã¢â€š ¬Ã…“The Spirit of the Lawà ¢Ã¢â€š ¬Ã‚  in which he argues that separation of powers ensures that the functions, personnel and powers of the major institutions of the state are not concentrated in one body. It ensures diffusion rather than a concentration of power within the state, the fundamental purpose being to avoid the abuse of power and thereby to protect the rights and the liberties of the citizens. [3] The Constitution of Kenya[Kenya],27 August 2010, available at: https://www.refworld.org/docid/4c8508822.html [accessed 01 September 2014] [4]See P reamble of the Constitution 2010. Article 2 of the Constitution of Kenya, 2010 asserts Supremacy of the Constitution over other laws of Kenya and binds all persons and state organs at both levels of government. [5] See, John Mutakha Kangu, à ¢Ã¢â€š ¬Ã…“The Social Contract Arian Conceptualisation of the Theory and Institution of Governanceà ¢Ã¢â€š ¬Ã‚ , Moi University Law Journal, p. 21. [6] See, the Preamble of the Constitution of Kenya, 2010; See also, Article 10 thereof. [7]The role of the Judiciary in the accountability and governance of the devolved Government Structure Presentation to the Institute of Certified Public Accountants of Kenya (ICPAK) 20th Economic Symposium at the Hilton Hotel, Nairobi, February 24, 2012.Prof Ben Sihanya, JSD (Stanford). [8] Although a strong Executive will still be enforce, the new reforms limit its power vis-ÃÆ'  -vis the legislature and judiciary. See Brian Kennedy and Lauren Bieniek. 2010. à ¢Ã¢â€š ¬Ã…“Moving forward with constitutional reform in Kenya,à ¢Ã¢â€š ¬Ã‚  A Report of the Center for Strategic and International Studies (CSIS), Africa Program, Washington, D.C. [9] See Article 10 [10] See Article 189 [11]See Supra note 7 above. [12]See Gichira Kibara (2011) à ¢Ã¢â€š ¬Ã…“Reforming the Judiciary: Responsiveness and accountability of the Judiciary,à ¢Ã¢â€š ¬Ã‚  A study under the auspices of the Friedrich Ebert Stiftung (FES) and University of Nairobià ¢Ã¢â€š ¬Ã¢â€ž ¢s Department of Political Science Public Administration, Occasional Paper Series, Nairobi, presented at the FES workshop, Nairobi Safari Club. Mr Kibara is the Ag, Permanent Secretary, Ministry of Justice National Cohesion and Constitutional Affairs. [13] Liam Murphy, à ¢Ã¢â€š ¬Ã‹Å"The Political Question of the Concept of Law,à ¢Ã¢â€š ¬Ã¢â€ž ¢ in: (Jules Coleman ed.), Hartà ¢Ã¢â€š ¬Ã¢â€ž ¢s Postscript: Essays on the Postscript o The Concept of Law, 371(2001). [14] Kempe Ronald Sr. 2012. The Political Eco nomy for Democratic Country of Kenya. Continuum International Publishing Company. [15] Supra note 2 above. [16] As an example, Ministers (cabinet secretaries) are not part of the legislature. See Article 152(3). See also, Wade Phillips. 2011. Constitution and Administrative Law [17] Stern, 131 S. Ct. at 2609 (quoting Bond v United States. 131S. Ct. 2355, 2365. 2011) [18] The powers of the Government under the Constitution of Kenya 2010 are divided into 3 functions mainly the executive function at national and county levels, legislative function at national and county levels and the judicial function.See Article 1 [19] Constitutional Supremacy entails that the constitution stands as the highest law of the land thus summum lege. Parliamentary sovereignty entails that the Parliament has unlimited legislative powers when legislating. It cannot therefore be bound by the courts or the executive. [20] Vertically, this power has been divided, separated and dispersed in ter ms of the different levels of governance; namely, the National government and the County government. In this way each of the branches shall be a check to the others and no single group of people will be able to control the machinery of the state. Power at the national level of governance is further divided, separated and dispersed horizontally into different departments of government in terms of the traditional three organs of state; namely, the legislature, executive and judiciary. See Lon L. Fuller. The Morality of Law, 1969, 46-91. See also Human Rights, Separation of power and devolution in the Kenyan Constitution. 2010. Comparison and lessons for EAC member states. By Prof. Christian Roschmann, Mr. Peter Wendoh Mr. Steve Ogolla [21] [22] Article 93 [23] [24] Article 95 (4) [25] See Article 95 and 96 [26] Article 95 (5) [27] Article 98 [28] Article 96 [29] University of London. Constitutional Fundamentals: Separation of Powers, p. 45. [30] Article 130 [31] Article 152(10) [32] Article 131 [33] [34] See M Bockenforde, à ¢Ã¢â€š ¬Ã‹Å"The Design of the Executive Branchà ¢Ã¢â€š ¬Ã¢â€ž ¢, in M BÃÆ' ¶ckenfÃÆ' ¶rde, N Helding, and W Wahiu. A Practical Guide to Constitution Building, International Institute for Democracy and Electoral Assistance (International IDEA) (2011), 146à ¢Ã¢â€š ¬Ã¢â‚¬Å"182. [35] See Arts 129 and 131. [36] Art 159. The courts include Magistrate courts, High Courts, Constitutional Court and Supreme Court of Appeal as well as any other court that maybe created and officers of the Courts including, the Chief Justice, the Attorney General, Judges and Magistrates who are protected by law. [37] Ochich, G.à ¢Ã¢â€š ¬Ã‹Å"The Changing Paradigm of Human Rights Litigation in East Africa.à ¢Ã¢â€š ¬Ã¢â€ž ¢Nairobi: International Commission of Jurists Publication, 2007 (5): 29. According to the author, the Executive-Judiciary partnership during the colonial era sowed the seeds for what has manif ested itself in form of a refined apparent friendship that has persisted between the judiciary and executive arms of government. This has been unfortunate, considering that the most serious incidences of human rights abuse are often orchestrated by or with the complicity of the executive.à ¢Ã¢â€š ¬Ã¢â€ž ¢ [38] As noted by the Special Rapporteur on the Independence of Judges and Lawyers à ¢Ã¢â€š ¬Ã‹Å"à ¢Ã¢â€š ¬Ã¢â€ž ¢The Provincial judges Referenceà ¢Ã¢â€š ¬Ã¢â€ž ¢Ãƒ ¢Ã¢â€š ¬Ã¢â€ž ¢ (1997) 3 SCR the court stated that institutional independence is fundamental because of increased role in dispute resolution. Institutional independence is therefore paramount to guard the constitution, the rule of law and fundamental justice. See also P, Cumaraswamy, à ¢Ã¢â€š ¬Ã‹Å"The Independence of the Judiciary: A Human Rights Priorityà ¢Ã¢â€š ¬Ã¢â€ž ¢ United Nations Background Note, 1996. The concept as enunciated by various legal instruments and extant literature requires States to establis h independent and impartial tribunals to give effective remedies for the realisation of human rights. See, for instance, Articles 8 and 10 of UDHR, Article 14 of ICCPR, Article 26 of ACHPR, Article1 of the Universal Charter of the Judge, 1999 and the Bangalore Principle on Judicial Conduct, 2002 [39] Hon. Mr. Justice AlnashirVisram. Role And Responsibility Of The Courts Under The Constitution Of Kenya, 2010. Accessed at https://www.kenyanlaw.org (Asses 24/08/2014) [40] See Article 251 of the Constitution of Kenya. Members of The Judicial Service Commission apart from the Chief Justice and the Attorney General hold office for a term of five (5) years. [41] See Article 172(1) of the Constitution of Kenya. The functions of the Judicial Service Commission are to promote and facilitate the independence and accountability of the judiciary and the efficient, effective and transparent administration of justice. [42] [43] [44] [45] [46] [47] [48] [49] [50] M.J.C Vile, à ¢Ã¢â€š ¬Ã…“Constitutionalism and the Separation of Powersà ¢Ã¢â€š ¬Ã‚ , in: Francois Venter (ed.) Constitutional Comparison: Japan, Germany, Canada South Africa as Constitutional States, Cape Town: Juta Co., Ltd, 2000, p. 212.13 [51] Kenyaà ¢Ã¢â€š ¬Ã¢â€ž ¢s 2010 Constitution [52] [53] [54] The Judicial Service Commission (JSC) conducted interviews from May 3-12 2011 to nominate the Chief Justice, and the Deputy Chief Justice. The interviews were conducted in the open and aired live by the media. In accordance with the 2010 Constitution, the public participated in the process by sending their questions, comments and opinions to the interview panel who then posed such questions or comments to the interviewees [55] Article 172(1) of the Constitution of Kenya [56] In April 2011, after the President withdrew his nomination of Justice Alnasir Visram as the Chief Justice, and deferred to the JSC, the Commission conducted public interviews of the cand idates short-listed for the offices [57] Harry Stephen Aranda The extent of judicial independence and separation of powers under Kenyan legal system. Sep 18. 2013. [58] Under Article 166 of the Constitution of Kenya, 2010 [59] Cap 80, Laws of Kenya. under section 6 of the Judicature Act, Chapter 8 of the Laws of Kenya provides for judgesà ¢Ã¢â€š ¬Ã¢â€ž ¢ professional immunity in these terms: à ¢Ã¢â€š ¬Ã…“No judge or magistrate and no other person acting judicially, shall be liable to be sued in a civil court for an act done by him in the discharge of his duty whether or not within the limits of his jurisdiction, provided he, at the time, in good faith believed himself to have jurisdiction to do or order the act complained ofà ¢Ã¢â€š ¬Ã‚ ¦

The Problems With Military Deployments - 1126 Words

Joseph Weikart Professor Hundley English 85, Section 6013 21 October 2015 The Problems With Military Deployments Even today, most American’s are unaware about the problems that military families face. Right now the United States military has a record-breaking number of active-duty parents deployed in various military conflicts all across the world. The long conflicts in Iraq and Afghanistan has majorly affected many families. New research is showing the affects the deployments are having on military families, especially how the children are being affected. Many of the children are having problems with their education and also may have sociological problems. This is not a new problem, but only in the last couple of decades has the†¦show more content†¦Lt. Taijeron’s story is one that is mirrored by many other service-members. Many deployed parents also feel guilt when they miss significant events that occur in their children’s lives. Many resources suggest that loved ones should send many pictures or videos of the children, so that the service-member does not feel t otally excluded in their children’s life. Even though the Department Of Defense and many private organizations have many resources and also have started many support programs to help military families, many families still struggle to cope with the separations during long deployments. One effect that some military children face is the inability to focus on their education while they are worried about their deployed or absent parent or other family member. In Lyle Amaani’s article, â€Å"Much- Traveled Military Children Enjoy Opportunities, Face Challenges†, Navy Admiral Harry B. Harris Jr states, â€Å"It’s no surprise that studies have shown that children of military parents are often more vulnerable to fear and anxiety, and that those stressors manifest themselves behaviorally and academically†. Worrying about their parent on deployment can affect military children’s grades and cause them to not perform as well as their classmates in school. In a report

Bios On Civil Rights Leaders Essay Research free essay sample

Bios On Civil Rights Leaders Essay, Research Paper Bios of Important Civil-Rights Militants Martin Luther King Jr. He was born on January 15, 1929 at a household place in Atlanta Georgia. King # 8217 ; s gramps was a Baptist sermonizer. His male parent was curate of Atlanta # 8217 ; s Ebenezer Baptist Church. King earned his ain Bachelor of Divinity degree from Crozier Theological Seminary in 1951, and a Doctor of Philosophy grade from Boston University in 1955. While at seminary King became acquainted with Gandhi # 8217 ; s doctrine of nonviolent societal protest. On a trip to India in 1959 King met with followings of Gandhi. During these treatments he became more positive than of all time that nonviolent opposition was the most powerful arm available to laden people in their battle for freedom. Because of his instructions he learned from Gandhi he was awarded the 1964 Peace Prize. As a curate of a Baptist church in Montgomery, Alabama, King lead a Black coach boycott. We will write a custom essay sample on Bios On Civil Rights Leaders Essay Research or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page He and 90 others were arrested and indicted under the commissariats of a jurisprudence doing it illegal to cabal to blockade the operation of a concern. King and several others were found guilty, but appealed their instance. As the coach boycott dragged on, King was deriving a national repute. His # 8220 ; Letter from Birmingham Jail # 8221 ; inspired the turning civil rights motion. When the coach company eventually gave up, dropping its policy of unintegrated seating, King became a national hero. In 1963 he led a monolithic March on Washington DC where he delivered his now celebrated, # 8220 ; I Have A Dream # 8221 ; Speech. King # 8217 ; s tactics of active passive resistance ( sit-ins, protest Marches, etc. ) had put civil-rights forthrightly on the national docket. He was shot while standing on the balcony of the Lorraine Motel in Memphis, Tennessee on April 4, 1968. King was merely 39 at the clip of his decease. Rosa Parks Rosa L. Parks was born in 1913 in Tuskegee, Alabama and is still alive today. She was arrested in 1955 because she didn # 8217 ; t give her place up to a white adult male on a Montgomery coach. She was fined $ 10 for non giving up her place. She and others within 48 hours launched the Montgomery Bus boycot and the Civil Rights act of 1964, the local black people did non sit the coach. They would utilize alternate methods such as walking or auto pools. Their actions were successful ; the coach companys went out of concern. Because of her actions and involvment in the coach boycott she became known as the # 8220 ; female parent of the civil rights movment # 8221 ; . # 8220 ; For a long clip I resented being treated a certain manner because of my race. We had ever been taught that America was the land of the free and the place of the brave and that we were all equals. # 8221 ; by Rosa Parkss Malcolm Ten Malcolm X was born Malcolm Little on May 19, 1925 in Omaha, Nebraska to Louise ( Norton ) and Earl Little. He was really a con adult male. He had committed robery but while in prison he converted to Islam. He had gotten into problem by Nation of Islam for stating things about Kennedy # 8217 ; s assination. Subsequently in March 1964 he started his new organisation called, Muslim Mosque, Inc. and changed his name to El-Hajj Malik El-Shabazz. He did non belive in the ways of Martin Luther King Jr. He used physical and violent ways to acquire his point across unlike MLK # 8217 ; s non-violent ways. He was subsequently assinated in February 1965 in New York.

Thursdays Concert Essays - Surf Culture, Ukulele, Pan Flute

Thursday's Concert Thursday we had an Andean concert. Condor Conspiracy, a five member group, played. Two of the members have played for us before. The group played a variety of instruments like the bomba, the flute, the armadillo ukulele and the pan pipes. The songs they played were very simple, and almost even boring. It was earthy sounding. The songs sounded a little like hippie music. However, I appreciated that they did tell us the name of each song, and provided background information, which keeps me interested and helps hold my attention. For example, the armadillo ukulele is the only instrument with a minor tuning. Also, the pan pipes are tuned by dropping lentils one by one in the pipes. My favorite part of the concert was the rain forest song. It imitated the rain forest throughout the day, starting out quiet, growing slowly, and ending quiet again. One instrument started, and they added more one by one, then back slowly to the original instrument. In conclusion, I enjoyed the concert. It wasn't as great as some of the other concerts we've had this year, but it was interesting. I guess I'm just not a big Andean music fan. Music Essays

Free Essays on Jacob And Esau-The Birthright

Jacob and Esau-The Birthright Does Rebekah do the right thing in sending Jacob to receive the blessing meant for Esau? I believe she does! Having read the account many times, I’ve formed the opinion that the birthright was meant to be for Jacob. I will support this opinion by scriptural account. During her pregnancy, Rebekah enquired of the Lord, why her children struggled within her. â€Å" And the Lord said to her, two nations are in thy womb, and two manner of people shall be separated from thy bowels: and the one people shall be stronger than the other people; and the elder shall serve the younger.†(Gen 25:23) Rebekah had conceived twins. The first-born was red and covered in hair. They named him Esau. The other came out and took hold of Esau’s heel. They named him Jacob. In contrast to Esau, who is described as a cunning hunter, Jacob is said to be a plain man, dwelling in tents. I don’t believe that this was a bad thing. In Gen 25:29-34 we read; 28 And Jacob sod pottage: and Esau came from the field, and he was faint: 30 And Esau said to Jacob, Feed me, I pray thee, with that same red pottage; for I am faint: therefore was his name called Edom. 31 And Jacob said, sell me this day thy birthright. 32 And Esau said, Behold, I am at the point to die; and what profit shall this birthright do to me? 33 And Jacob said, Swear to me this day; and he swore unto him; and he sold his birthright to Jacob. 34 Then Jacob gave Esau bread and pottage of lentils; and he did eat and drink, and rose up, and went his way: thus Esau despised his birthright. This rationalization seems to reflect more scorn then hunger. Surely, if Esau’s life had been in jeopardy, Jacob would have freely fed his brother. The point of this account seems to be how little value Esau place on his birthright and the rights of the covenant. This is further proven by his marriages to Canaanite women, (Gen 26:34-35), which broke the covenan... Free Essays on Jacob And Esau-The Birthright Free Essays on Jacob And Esau-The Birthright Jacob and Esau-The Birthright Does Rebekah do the right thing in sending Jacob to receive the blessing meant for Esau? I believe she does! Having read the account many times, I’ve formed the opinion that the birthright was meant to be for Jacob. I will support this opinion by scriptural account. During her pregnancy, Rebekah enquired of the Lord, why her children struggled within her. â€Å" And the Lord said to her, two nations are in thy womb, and two manner of people shall be separated from thy bowels: and the one people shall be stronger than the other people; and the elder shall serve the younger.†(Gen 25:23) Rebekah had conceived twins. The first-born was red and covered in hair. They named him Esau. The other came out and took hold of Esau’s heel. They named him Jacob. In contrast to Esau, who is described as a cunning hunter, Jacob is said to be a plain man, dwelling in tents. I don’t believe that this was a bad thing. In Gen 25:29-34 we read; 28 And Jacob sod pottage: and Esau came from the field, and he was faint: 30 And Esau said to Jacob, Feed me, I pray thee, with that same red pottage; for I am faint: therefore was his name called Edom. 31 And Jacob said, sell me this day thy birthright. 32 And Esau said, Behold, I am at the point to die; and what profit shall this birthright do to me? 33 And Jacob said, Swear to me this day; and he swore unto him; and he sold his birthright to Jacob. 34 Then Jacob gave Esau bread and pottage of lentils; and he did eat and drink, and rose up, and went his way: thus Esau despised his birthright. This rationalization seems to reflect more scorn then hunger. Surely, if Esau’s life had been in jeopardy, Jacob would have freely fed his brother. The point of this account seems to be how little value Esau place on his birthright and the rights of the covenant. This is further proven by his marriages to Canaanite women, (Gen 26:34-35), which broke the covenan...

Centrism Essay Example | Topics and Well Written Essays - 750 words

Centrism - Essay Example It is quite deceiving and absurd to find a significant number of people who take religion merely on a physical level, assuming that it is worth just active involvement in church traditions which may compensate for any shortfall of character. This concept, however, sets believers to the perils of blindness toward genuine principles of truth which should be learned and understood by the heart. Hence, in this regard, I propose to establish belief in Faith-Centrism. Under this religion, there would be one God whose image or form is yet unknown but still an omniscient, omnipotent, and omnipresent entity anyone can speak to at any moment in all open spaces. There is no need for a firm embellished structure to house particular images or figures for which offerings must be made since worship by faith alone ought to be central and is not subject to judgment based on material possessions imparted. Faith-Centrism challenges a follower to exhibit true values of faith beyond public view or approv al. For instance, showing compassion to someone in need is an act which, as much as possible, must not reap rewards by being seen and given any credit if faith must be kept pure. A believer is more spiritually attached when executing good deeds in secret because this way, he would be capable of meditative thought to weigh between pure and impure intentions. Moreover, Faith-Centrism shall have no administering priest to prevent the risks of formality people tend to become more focused on procedural custom rather than faith. It would be more appropriate to have organize brotherhood and sisterhood that would informally gather to share rich and colorful stories of faithful journeys in all walks of living. Any written code of ethic or conduct suitable should be personal and while I see it fit that the Bible or the Holy Scripture from the Christian tradition may proceed as the standard, nevertheless, a flexible interpretation is encouraged for all passages depending on how the biblical ve rses apply to one’s unique set of ways in dealing with any aspect of life (Hollingworth, 2010). When it comes to prayer, disciples of Faith-Centrism need not abide by any specific form. They can pray with or without having to utter words in any position of preference and for as long as sincerity is not neglected, prayer can be treated as formal or informal occasion of communicating to God in thought, whispers, loud speech, and writing (Daniel, 2008). The meaning of faith must remain central in solemn moments of pouring out sentiments to God, strongly believing that each request shall receive God’s answers once the proper time arrives. Through Faith-Centrism, people will have inspiration and opulent hopes of changing for the better as it includes no concept of hell in the doctrine. To be fair to the portion of mankind that has died in chaos without being influenced by the light of wisdom of truth taught in religion, souls thereof shall be guided by divine spirits to a d imension where there exists a chance to possess new material bodies and be born anew in the world instead of experiencing rigid fates as punishment for the unrighteousness. With the abolition of ‘hell’ in notion, people would realize the marvelous extent of God’s unconditional love keeping in mind that the opportunity to live another life is something very indispensable to purify every soul to full brilliance before it reaches heaven and meets God face to face. No soul goes to waste except for lives that are

Recollection of the Routine of Food Essay Example | Topics and Well Written Essays - 750 words

Recollection of the Routine of Food - Essay Example In my household, food was never a focal part of the family structure that involved a collaborative dining session much like those often illustrated from typical 1950’s-variety family structures. Therefore, the quality and dimensions, especially those delivered psychologically, were never strongly reinforced through the process of cooking together and ultimately consuming together. The food selections in my household during my youth were rather generic, consisting of basic varieties of beef, chicken, and common household snacks. Because of this, eating often became a routine activity simply to satisfy hunger. Consumption was more of a ritualistic situation rather than the satisfaction of a psychological need that some people experience in the process of dining and preparing together as a family unit. It is because of this limited symbolism associated with food that I have developed my current dietary habits and this directly impacts how I have, in the past, viewed food as a lifestyle and cultural significance. However, this course has changed my view on eating, especially when considering the different cultural symbolism that food represents for many in and out of the United States. I have recently begun to realize that I have missed out on many of the important sociological dimensions that food and consumption can provide, along with the camaraderie that is often developed by discussing the importance of food. Rituals are often symbolic activities that reveal cultural values associated with a specific community of people and often produce social predictability as well as the creation of individual social identity (Leeds-Hurwitz, 61). I find myself disappointed, especially after learning about the different elements of food as having much cultural consequence, that I had not previously considered the social value that food can bring to enhancing lifestyle. Being part of the middle class social structure, the quality of high-dollar foods has usually been limited to visualization, through television cooking shows and other gourmet chef programs. Because of this, depth in terms of taste and experimentation has never been given much personal thought. Much, I believe now, is missing from daily lifestyle by not exploring the different dimensions of food. This can be attributed, with a minor sense of blame, to the family structure and their limited emotional diversity associated with consumption and food variety. Gender and race as associated with a non-diverse worldview on food are not generally applicable to my own values associated with food since it has only been recently that I have begun to reassess the quality and cultural togetherness that food consumption and discussion can bring in a social or family setting. Some companies trying to sell their food products attempt to get consumers interesting in powdered sauces and cake mixtures by introducing a degree of nostalgia into advertising. Slogans such as just like mom used to make are often used to gain more interest and bring forth a psychological response from buyers (Bugge, 22). Though these advertising efforts have never had any meaning for me in previous years, I now recognize that many people are attracted to the process of enjoying home cooking in a friendly and unified family atmosphere. I find a certain sense of remorse after considering the value of the home-cooked quality meal that people seem to prefer and wish that it had been a broader part of my childhood. Because of this new type of thinking associated with food, I find myself wanting to explore an entirely new dimension in relation to food, socialization with consumption, and also the preparation process. I have always measured my personal identity based on goal-attainment and

Avian Flu Virus Essay Example | Topics and Well Written Essays - 2000 words

Avian Flu Virus - Essay Example Moreover, it has been known that this H5N1 virus is able to infect other animals other than birds and pigs, such as, cats and larger felines, and transmission of infection from other animals to human may occur unknowingly. An article published in the Journal of Virology in the year 2005, titled "Avian Influenza (H5N1) Viruses Isolated from Humans in Asia in 2004 Exhibit Increased Virulence in Mammals" and researched by Maines and co-workers investigates this in an isolate of the virus of the H5N1 strain, isolated from 2004 Asian epidemic, and in this work, that article will be critiqued. Research Questions: As is apparent from the epidemiologic patterns of the outbreak of these H5N1 infections, the virulence factors responsible for human disease need to be elucidated. The problem remains that the virulence factors of H5N1 viruses is poorly understood from the biologic and molecular perspectives, this being an avian virus transmitted to humans. It points to the need for mammalian models of studies, and since there is evidence that mammalian experiments in nonhuman primates such as ferrets and mice have been studied for influenza virus pathogenesis and other nonhuman mammals may also serve as carriers for human virus, nonhuman primate studies may serve as an acceptable model. In these models, the relative virulence of the H5N1 isolated from 2003-2004 outbreaks in both humans and avian species can be studied, and the authors can have the advantage of comparing them with earlier 1997 H5N1 human isolates to compare the virulence of the virus, so a molecular or biologic c orrelate is available that may be applied in the management of human epidemics. Relevance of the Question: From the public health point of view, the circulation of H5N1 virus in the poultry may cause more human cases with human-avian reassortant pandemics. Epidemiologic observations have demonstrated that from the time of first recognition and isolation, the virulence of this strain is increasing markedly over the years in terms of mortality and case fatality rates. Although the clinical presentations of the human cases were usual in the form of fever, respiratory symptoms, diarrhea, lymphopenia, and thrombocytopenia, in rare occasions, they indeed presented with just fever and gastrointestinal symptoms. This could have indicated a change in the pattern of virulence, despite the pattern of fatality remaining the same, that is, development of pneumonia with critical compromise in gas exchange, leading to respiratory failure and death despite assisted ventilations. Research in this area is necessary since there is a paucity of research answering this question abou t how an infection with this virus leads to acute respiratory distress and multiple organ dysfunctions in humans. Although studies in mammalian models do have constraints from the practical, ethical, and economic perspectives, it could be a valid option since ferret is a naturally susceptible host to influenza A virus, has been used in previous studies to evaluate H5N1 virulence and safety and efficacy of vaccine candidate preparations. Moreover, the same authors previously studied H5N1 virus virulence in ferrets and they have valid criteria for assessment, where they demonstrated earlier equivalence in

Frogs :: essays research papers

Frogs   Ã‚  Ã‚  Ã‚  Ã‚  Frog is the common name for a species of amphibian that also includes toads. A very common question is â€Å"whats the difference between frogs and toads?† , the answer: none, except for the fact that toads lack the powerful legs that frogs have. â€Å"Where can frogs and toads be found?†, one might ask. They live in all parts of the world, except for Antarctica, but are mostly found in tropical areas. Frogs are small animals with smooth moist skin, and big eyes that can see in almost any direction. Most species have webbed feet and powerful legs making them good jumpers, and excellent swimmers. A frogs tongue is attached to the front of it’s mouth instead of the rear, and most frogs are very vocal, especially the male frogs.   Ã‚  Ã‚  Ã‚  Ã‚  As a frog grow, it goes through many changes. Starting out as a tadpole, and morphing into a frog. Most frogs lay their eggs in water. Others will lay their eggs some where safe, then carry them to water where they hatch into tadpoles. At this stage they have gills, no legs, and a tail. As they mature, their gills and tail disappear, and they develop lungs and legs. This period of tadpole life can be divided into three stages. The first stage, called â€Å" premetamorphosis,† lasts about 50 days (Patent 54). The second stage, in which the hind legs grow, is called â€Å"prometamorphosis,† and lasts about 21 days. When the legs are about as long as the body, the third stage, which is called â€Å" metamorphic climax,† and takes place very rapidly, begins. During this last stage, which lasts about a week, many great changes occur. They lungs complete their development, and the gills disappear. The skin gets thicker, nostrils form, and the tail is completely resorbed.   Ã‚  Ã‚  Ã‚  Ã‚  Most frogs prefer moist regions, and many kinds live in the water. Because frogs absorb oxygen in water through their skin, they can stay underwater for long periods of time. A frogs body temperature depends on it’s surroundings, and during cold weather, frogs dig burrows in mud and hibernate. During hibernation, the frog needs little oxygen and no more food than is already in it’s tissues. During intense heat, a frog might estivate, or in other words, lie in a state of torpor during the heat, after burying themselves in sand and clay.   Ã‚  Ã‚  Ã‚  Ã‚  Frogs are carnivores. They eat just about anything smaller than then that moves. A frog thinks like this: If it’s smaller than itself and moves, eat it. If it’s the same size, mate, or attempt to mate (this gets some frogs

Philosophies & Democracy Essay

Democracy and capitalism gave way to concentration of wealth amongst a small group of people. Private entrepreneurship got a boost due to capitalism. Given this scenario, many private entrepreneurs rose to build their industrial empires. There are many examples, where, the starting point of a given business was zero, and it rose to become a leading international business house. Increase in business, resulted in exaggerated accumulation of wealth in the hands of a few, and that was the time, when these new class of rich entrepreneurs, gave a thought to the society, in which they have been operating, and which has supported their enterprise in its rise. Carnegie Melon, at the beginning of industrial revolution, and Bill Gates, at the end of the twentieth century, are two solid examples of business rise from zero to international giants. Both of them, spent their full life, in amassing wealth, and as they grew, they started framing corporate philosophies, which put society at the focus of their activities. While they applied the rule of ‘everything is fair in business’, they turned towards society at the fag end of their lives. Corporate philosophies, by and large have nothing new to say, except that they work for the society, and they care for their customers. All corporate philosophies are concentrated around these central themes, in different words and sentences. Often, it is proved that corporate philosophies are not as sweet as they sound. When it comes to business, these philosophies are sacrificed, partially or fully. Was only genuine software skill responsible for the stupendous rise of Bill Gates and Microsoft? Of course no. There is in fact, considerable shrewdness going into the rise of Microsoft. In fact, corporate houses, as they grow, turn their attention towards betterment of society, in one or the other way. There are numerous examples to prove this, in the time gap between Carnegie Melon and Bill Gates. However, they are targeted at multiplication of business. An average American fully understands the implications of these corporate philosophies, and their implied meanings. For example, when cyber attacks started assuming alarming proportions, Bill Gates ordered a change in their corporate philosophy. It implied change in the approach of all software development. Now, instead of adding new features to the software, the focus was to be laid on protection of the software, because, Bill Gates argued, â€Å"In the past, we’ve made our software and services more compelling for users by adding new features and functionality, and by making our platform richly extensible . . . but all those great features won’t matter unless customers trust our software,† wrote Gates. â€Å"So now, when we face a choice between adding features and resolving security issues, we need to choose security. † ( Trustworthy computing, para 2) â€Å"Some of Microsoft’s perennial critics claim the initiative is long overdue, and question whether or not Microsoft will follow through on its promises, as the company could be forced to bear a reduction in the number of new features in its programs and significant new product delays. Some go further in arguing that such a massive security initiative cannot be undertaken without subjecting the Windows operating system source code to public domain — something the company has fought hard to avoid†. Writes an observer, in his opinion. ( Trustworthy computing, Para 4) What is true of Microsoft , is perhaps true of other companies also. An average American is well aware of the status of the company, and its capacity to deliver the promised goods, and is also right in judging the ethical behavior of a company. Conclusively it can be said that despite the tall claims made by the corporate philosophies, the average American of the ins and outs of that firm. References: 1) Trustworthy computing, Security and privacy deemed Microsoft’s top priorities, retrieved on 5 May 2009 from :

Factors Influencing Individual Investor Behavior - 1439 Words

Factors Influencing Individual Investor Behavior: An Empirical study of the KSA Financial Market research Contents TITLE PAGE NO 1. ABSTRACT 3 2.INTRODUCTION 2.1 Background to the Study 2.2 Statement of The Problem - Specific Objectives of the study - Research Questions 2.3 The scope of the study 2.4 The Relevance of the study 4 5 6 6 7 7 3. LITERATURE REVIEW 8 4. THE RESEARCH DESIGN a. Type of study b. the Model equation c. Hypothesis d. Data collection methods c. The sapling design f. Statistical analysis technique 10 10 10 10 10 11 5. INTERPRETATION OF RESULTS 11 6. SUMMARY AND CONCLUSIONS 12 TIME FRAME 13 REFERENCES 14 2.4The Relevance of the study This study aims at exploring the KSA investor’s behavior, appear†¦show more content†¦The results indicate; by using Regression Analysis, that the most influencing factor in order of importance are expected corporate earnings, get-rich-quick, stock marketability, past performance of the firm’s stock, government holdings and the creation of the organized financial markets. Al- Owaisi (2010) study examines the factors influencing the investment behavior of individual investors at Palestine Securities Exchange in Gaza strip. Some of these factors include stability of investing environment, performance of registered companies at Palestine Securities Exchange and performance the level of the exchange market itself. The study uses a descriptive analytical method based on data gathering and analysis. The number of returned questionnaires 274. The study revealed that many investors cared about following the latest developments of exchange market and other businesses through mass media. It also found that staffs of financial mediators working at Palestine Securities Exchange are not fully competent to help investors take their own investment decisions. Furthermore, rumors constitute a major external factor negatively affecting investment. The study also showed that the possibility of investment aboard has a negative impact on investment decisions in the Palest ine Securities Exchange. MerikasShow MoreRelatedThe Costs And Benefits Of Financial Advice Essay1191 Words   |  5 PagesBrian Melzer, Alessandro Previtero. This thesis assesses the value that financial advisors provide to clients using a unique panel datasheet on the Canadian financial advisory industry. 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Department of Business Management Fakir Mohan University, Vyasa Vihar-756019, Balasore, Orissa, India Tel: 91-94371-31429 E-mail: bhagaban_fm@yahoo.co.in Ms. Sangeeta Mohanty Associate Professor, Academy of Business Administration Industrial Estate (S1/25), Angaragadia, Balasore – 756001, Orissa, India E-mail: sangeeta_mohanty@rediffmail

Utilitarianism A Philosophical Concept That Was Taught...

Joseph Morrone Dr. Kaspar Ethics 13 March 2016 Utilitarianism is a philosophical concept that was taught by John Stuart Mill in which he explains that every person always act and make decisions that maximize their utility. Mill gave a clear explanation that utilitarian often aim at maximizing utility because it is morally right. All actions that individuals perform in their own initiatives are to make their lives better in the long run. This essay is aimed at explaining the way in which utilitarianism is relevant to the society and comparing it to Kant’s belief and view of moral philosophy as encompassed in achievement of happiness. It is however important to note that when one person’s actions might maximize his or her utility or welfare, it might also infringe on the rights of others and thus utilitarianism should be viewed carefully. Stuart goes ahead to explain that happiness is the main goal of every person who is seeking utility. Happiness is simply the absence of pain or sadness. It is there rig ht to say that all utilitarian persistently seek to maximize their utility and in effect are always happy when they achieve the goal. Pleasure is also directly associated with happiness and often have different forms of rating in terms of quality and quantity. The overall forms of happiness are often achieved when one endeavors to live a life that is morally upright and free from offending others as one seeks to maximize utility. Happiness is therefore multifaceted andShow MoreRelatedThe Age Of Reason Or Known As The Enlightenment1189 Words   |  5 Pages Before the Romantic Movement it was the Age of Reason or commonly known as the Enlightenment period. The Enlightenment was a period of scientific rationalization and scientific methods, it was an advanced way of observing the world. This time period rejected the idea’s of the church and celebrated the rational mind. Many of the enlightenment thinkers, â€Å" believed in rationalism and trusted human reason to solve the ma ny problems of life and society, and emphasized reason, science, and respect forRead MoreThe Political Philosophies Of John Mill1879 Words   |  8 Pagesthe liberal ideology like John Mill. Mill was not only one of the most influential political thinkers of all time, but also a philosopher, and used his ideas and understandings of the world, ethics, and morality in his political ideas. Mill believed that every man was a key member of society, and society was made of men, all with individual ideas and voices. But, when it came to morals or religion, those voices should not be used to influence government or freedom. Mill Advocated for complete andRead MoreEthics Is The Art And Discipline Of Discerning The Right, The Good, And The Fitting Action Essay2064 Words   |  9 Pagesâ€Å"one has not only a legal but a moral responsibility responsibility to obey just laws. Conversely, one has a moral responsibility to disobey unjust laws† (364). In King’s case, breaking la ws that oppressed African Americans was morally right, as opposed to following the law which was unethical. The right decision in an ethical dilemma consists of consulting what the rules say and should include different sources of rules in order to properly asses the dilemma. As opposed to the right, when looking throughRead MoreEssay about What Is Distributive Justice?5286 Words   |  22 Pagesjust are what is set forth. The next set of principles is the feminist principles that offer very distinct versions of every theory. The last of the principles is the methodology and empirical beliefs about distributive justice most notably stated by John Rawls. He brought the method of wide reflective equilibrium to philosophy (â€Å"Stanford Encyclopedia of Philosophy†). 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The Ambitious Marc Antony in Julius Caesar - 996 Words

The Ambitious Marc Antony in Julius Caesar nbsp; The tragic and untimely death of Julius Caesar, a condemned Roman tyrant, triggered William Shakespeares creativity. In his play Julius Caesar Shakespeare writes of the treacherous conspirators, Marcus Brutus and Caius Cassius, and their plans to assassinate their Roman leader, Julius Caesar. The story continues to explain how Caesars loyal friend, Marc Antony, helps avenge the brutal murder. After Antony receives soldiers to fight his battle, his character begins to change. Thenbsp; fair and faithful Marc Antony transforms to a darker and more deceitful character. Marc Antony is not suitable to rule Rome because he holds a grand desire of great power, his conceit†¦show more content†¦In Act Three Marcus Brutus changes the peoples opinion of the death of Caesar instantly. He convinces them that the assassination should not be considered evil, but seen as to the only way to survive while remaining free. The citizens of Rome trust and respect Brutus and believe him. Then Marc Antony convinces the people to come to a different conclusion than that portrayed by Brutus and his honorable men. The crowd believes Antony that the conspirators committed this crime through jealousy, greed and the desire to limit Julius Caesars growing authority. At first Marc Antony only plants a minor idea in the publics mind, allowing them to think about and discuss the new information presented to them. This method initiates the contemplation of serious issues for the crowd of citizens who need no more than this to come to their own opinion concerning what took place (III, 2, 62-106). Marc Antony then stirs his audience with emotions every person in Rome can relate to, focusing on guilt and anger. These passions intertwine, for when the crowd begins to feel guilty, they also start to become enraged. Marc Antony creates a dangerous situation with his riled audience and the possession of information that sets them over the edge into being an unforgiving m ob (III, 2, 107-259). Having a serious effect on an audience is important when trying to be understood fully, however revenge is a dangerous topic especially when beingShow MoreRelatedWilliam Shakespeare s Julius Caesar 884 Words   |  4 PagesGustav Berner Mrs. Hillard Honors English 10 - F 15 January 2015 Julius Caesar Discussion 1.) Brutus’ trust in others and his love of Rome are his greatest faults. His tragic flaw is the trust he places in others. Brutus is easily swayed to trust Cassius when he plots to kill Caesar. Cassius uses his cunning to trick Brutus into believing Caesar is ambitious and that he is killing Caesar for the good of Rome. Cassius says to Brutus, â€Å"Why, man, he doth bestride the narrow world like a Colossus, andRead MoreEssay on Marc Antony’s Funeral Oration1470 Words   |  6 PagesIn William Shakespeare’s Julius Caesar, Mark Antony pleads with his â€Å"Friends, Romans (and) countrymen† to lend him their ears in an effort to exonerate Caesar from false charges laid against him. The three main conspirators in Caesar’s murder, Brutus, Casca and Cassius portrayed Caesar as an ambitious tyrant to the Roman people. After Caesar was unjustly killed by his friends and comrades, the crowd was persuaded to believe that his death was necessary for the good of the republic. However, Antony’sRead More Julius Caesar Essay: Marc Antony’s Power of Persuasion1385 Words   |  6 PagesMarc Antonys Power of Persuasion in Julius Caesar      Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   In William Shakespeares Julius Caesar, although Marc Antony is allowed to make a speech at Caesars funeral, he must not speak ill of either the conspirators or Caesar.   Antony was infuriated with Caesars assassination, and wants to seek revenge on his killers as well as gain power for himself in Romes government.   He must persuade the crowd that has gathered that Caesars murder was unjust, and turn them against Brutus and CassiusRead MoreMarcus Brutus Vs Mark Antony s Funeral Speech Essay1135 Words   |  5 PagesKayla Marie Davis English II / 4th Block October 27, 2015 Marcus Brutus’ vs. Mark Antony’s Funeral Speech At the funeral of Julius Caesar two characters make speeches to the plebeian mob, Brutus and Marc Antony. 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For this reason Caesar had been murdered; he was thought to have become too powerful. He was pushing for a dictatorship. Some members of the senate had stepped in and prevented his absolute power. This is just one of the reasons why Caesar would not be the best ruler of Rome; he had been too power-hungry. Antony had been just as bad as Caesar. He was his right-hand man and knew what Caesar had been up to at all times. When Caesar had died, he knew the first thing he wouldRead MoreMarcus Antonys Speech Analysis1063 Words   |  5 PagesJason H. Chang Counteracting the Opposition Julius Caesar was probably one of the most prominent figures in Roman history, known for his strong willed nature and commanding presence. In 44 BCE, Caesar was voted in to be Dictator perpetuo (often mistranslated as dictator for life).Worried that Caesar was becoming too powerful, several Roman senators including Brutus (a close friend of Caesar’s) assassinated Caesar while Caesar himself was by tradition, unarmed and defenseless. Following theRead MoreJulius Caesar: Beware the Ides of March1017 Words   |  5 Pagesinfluential senate is easily threatened by one man; Julius Caesar. To the senators Caesar is the catalyst for the downfall of a Republic they had worked so hard to create and protect. The playwright William Shakespeare dives into this world of betrayal and ambition with his play The Tragedy of Julius Caesar. Using his voice as a writer he takes the audience into Rome and lets them experience each riveting moment of Caesar’s fall. 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Let’s get it on! â€Å"If then that friend demand why Brutus rose against Caesar, this is my answer: not that I loved Caesar less, but that I loved Rome more.† (3.2/ 19) Brutus tries to tell the people that he executed Caesar for their own

Moving to America Free Essays

MOVING TO AMERICA Do you know moving could be a very traumatic and scary experience for a child? When my mom decided to leave Trinidad and Tobago to pursue her Master degree, I don’t think she realized the impact it would have on me, knowing that you are moving to a whole different country is a big pill to swallow at the age of 14 years old. Me and my mom was having dinner when she broke the news that we were moving to America I remembered that day like it was yesterday I felt like my heart had hit the floor I had mix emotions I was just numb I didn’t know if to be happy, sad or angry. After the news was broken to me everything that I loved flashed before my eyes my friends and my family. We will write a custom essay sample on Moving to America or any similar topic only for you Order Now I was in high school at the time of our planning to move so I knew I would have to make new friends which is very hard for me because am very shy and soft spoken. But I knew in my heart my mom was making the move for us to better herself and to provide a better life for me and my brother. Leaving my country where I grew up and where all my family and friends were really saddened me. Trinidad and Tobago is two islands that makes up one country I lived in Trinidad is the place I call home. It’s a beautiful island in the Caribbean its hot all year round and it only has two seasons the rainy season and the dry season. I absolutely enjoy the weather but at times the heat can be very scorching and unbearable, the beaches are amazing white sands blue waters I remember when my best friend and I would go to the beach on Sundays and spend the whole day. So the day before I left which was a Thursday, which meant I had school. My teacher gave a farewell speech telling the class I was leaving and today would be my last day my Best friend Adanna broke into to tears so did I was an emotional wreck because we have been friends since age 5 we did everything together. So when class was over we walk to the bus hugging each other and cherishing our last moments together and then she told me she have a present for me. When I opened it was a letter that consist 10 pages and a framed picture of me and her at age 8, I was so grateful that she gave that to me I told I would keep it close to my heart. At 14 years we jetted to Colorado the flight took about 8 hours to arrive. I arrived in Colorado my body was in shocked of how cold it was coming from a country that is warm it was snowing heavily. I was so excited because I have always dreamt of wanting to see snow and on the first day of my arrival to America I saw snow I just thought to myself how lucky am I, I just smiled to myself. So a taxi cab came to pick us up at the Denver International Airport my new home was located in Colorado Springs it was an hour and a half away. On our way to Colorado Springs I couldn’t see the landscape or anything because everywhere was covered in snow so I just laid back and enjoyed the ride. When we arrived at our new home I fell in love with our new townhouse home it was new, hardwood floors, a tall ceiling it was just marvelous. My first night in my new home, a new country and a new neighborhood felt pretty weird I felt so out of place like I didn’t belong. I woke up the next morning feeling pretty lonely the house was quiet it was just not what am use to because back home in Trinidad we were living in a house with my grandparents and my other family members like my cousins and aunts so the house was always noisy. My mom came in to my room to tell me to get ready we are going grocery shopping I was a little excited I must say just to be out. So we went to the grocery I was so amaze on how big it was and all the different selections of foods items there was to choose from. After grocery shopping, my mom stopped at her school Colorado Technical University to do some finishing for her registration to start to attend school for the Spring Semester. The following day I had to register for school because it was nearing close for the spring school term to start so we went to the North Middle School to sign me up. I so nervous when I enter the doors of North Middle School I was so overwhelmed and I hadn’t even started school as yet it was just to register me. So January 9th rolled around that was the beginning of school it was the most traumatic and scary experience ever so many thoughts were running through my mind would I make friends, would any of the students laugh at my accent when I speak. The diversity of the students at the school with all different culture backgrounds was a lot to take in but I was eager to learn about them. I went to my first class it was my Algebra class my teacher was Mr. Brice, seeing as it was the first day of school he suggested that we stand up and introduce ourselves to the class. Everyone stood up and introduce there selves and then it was my turn I started sweating bullets I was so nervous so I stand and these was my exact words â€Å"Hi am Ariane and am from Trinidad† one the classmate laughed at me I felt so hurt I wanted to cry right then and there but I had to hold my composer. When the bell rang for the class to be over there was this one girl her name was Desiree came up to me and told me my accent was cool and she liked it. We became great friends from then so my school experience wasn’t as bad as I thought. When I got home from my first day of school, I laid on my bed thought to myself today wasn’t a bad day at all I can get use to this. But then I started to think about back home and I felt so empty and lonely and I missed everything my family and best friend. After spending 7 years in Colorado, my mom completed her degree and got an incredible job opportunity she was ecstatic I was to, then she told me we had to talk every time she said we have to talk I knew there was some bad or disappointing news she was going to tell me so I took a deep breath and asked â€Å"What is it mom? † she replied and said â€Å"We will be moving to New Jersey† I screamed out in excitement my mom was shocked at my reaction and she had a puzzling look on her face. She asked me â€Å"Aren’t you sad you are leaving Colorado† because she knew how sad I was when we left Trinidad I quickly responded â€Å"No†. I was excited to leave Colorado although I did develop a friendship with Desiree, I wanted to be close to family and New Jersey was the place for me because I have lots and cousins and aunts there. Moving to a whole different country has made me into a stronger person and has broadened my horizon to different cultures, atmosphere and opportunities. It also allows me to see and experience life in a new and different way. My mom has taught me that once I put my mind to anything I can do it. Because she went to Colorado without knowing anybody there and we conquered it together. Test: â€Å"Study Guide Algebra† How to cite Moving to America, Essay examples

Capital Gains Tax Foundation of Taxation

Question: Discuss about the Capital Gains Tax for Foundation of Taxation. Answer: 1. The objective of the case study presented is to ascertain Daves capital gains or losses in FY2016 based on the various asset sales that he has indulged in with the intention of having enough corpus for retirement. The discussion of the capital gains tax on various transactions is discussed below. Sale Residence at St. Lucia As per the relevant case details, Dave is liquidating his house so that he could get enough money for retirement and further plans to live in a rented place. Since Dave has been residing in the current residence for 30 years, hence it would be fair to assume that the residence would have been bought in 1986. As a result, for any capital gains made on its sale, capital gains tax would be levied as the acquisition of the asset has taken place post September 20, 1985 (Sadiq et. al., 2015). Besides, using the main residence exemption, it may be possible that no capital gains are levied on the sale of house in line with Division 118 ITAA, 1997. However, for a residence to be treated as main residence, it is imperative that the following two conditions are met (Barkoczy, 2015). It is required that the residence of the taxpayer in the given residence under consideration must be from the purchase time. It is also pivotal that the given residence should be commercially exploited for income of any sought including rent. The given residence satisfies the conditions shown above as Dave has only this residence which is apparent from the fact that he wishes to now move to a rented apartment once it is sold. Additionally, no information is available with regards to house being used for income realisation. Thus, the given residence is the main residence of Dave and thus no capital gains tax would be levied on the house sale (Gilders et. al., 2015). Sale-Painting The acquisition of the painting has been done in the post CGT era i.e. on or after September 20, 1985 and thus CGT would be applicable on any potential capital gains that the painting may lead to. This has been carried out below. Paintings cost at purchase = $ 15,000 Paintings value at selling = $ 125,000 Thus, paintings capital gains = 125000 15000 = $ 110,000 Taking into cognizance the paintings holding period of more than a year, the capital gains made on the asset are classified as long term (Sadiq et. al., 2015). Sale- Luxury Boat The acquisition of the luxury boat has been done in the post CGT era i.e. on or after September 20, 1985 and thus CGT would be applicable on any potential capital gains that the painting may lead to. This has been carried out below. Boats cost at purchase = $ 110,000 Boats value at selling = $ 60,000 Thus, boats capital losses = 110000-60000 = $ 50,000 Taking into cognizance the paintings holding period of more than a year, the capital losses made on the asset are classified as long term (Sadiq et. al., 2015). Sale - Shares The acquisition of the shares has been done in the post CGT era i.e. on or after September 20, 1985 and thus CGT would be applicable on any potential capital gains that the painting may lead to. This has been carried out below. Shares cost at purchase = $ 75,000 Shares price at selling = $ 80,000 There is a need to determine the cost base of the asset with the help of Section 110-25 which advocates that various incidental costs associated with buying and selling of the asset along with the financing costs must be added to the cost base. Due to this, the brokerage charges ($ 750) and the stamp duty ($250) along with the interest cost ($ 5,000) would make contributions to the overall cost base. The interest on the loan taken for asset acquisition would be added to the cost base only if it is otherwise non-deductible. The ATO opinion makes it evident that the interest is not deductible and thus contributes to the cost base of the shares (Barkoczy, 2015). Cumulative cost base of shares as per Section 110-25 = 75000 + 5000 +750+250 = $ 81,000 Sales proceeds on shares = $ 80,000 The capital losses made on the sale of shares Cumulative cost base Sales proceeds = 81000 80000 = $ 1,000 Net capital gains calculation for FY2016 The cumulative capital gains that Dave makes in FY2016 would be the sum total of the gains or losses derived on various transactions in the ongoing year = 110000 50000 -1000 = $ 59,000 However, the question states that Solomon has made a capital loss to the extent of $ 10,000 in the last year as he disposed off certain shares and hence this capital loss would automatically be carried forward and hence adjusted against the gains realised in FY2016 (Gilders et. al., 2015). Hence, capital gains realised after bringing forward accumulated losses and dealing with these in the current year = 59000 10000 = $ 49,000 From the computations above, it is apparent that the net gains are long term and further Solomons individual taxpayer status implies that a rebate could be availed to the tune of 50% of the net capital gains. Thus, taxable capital gains for the year FY2016 = 0.5*49000 = $ 24,500 It is evident from the computation of the above part that Solomon has realised a net capital gains for the FY2016 and thereby tax will be levied at the rate of 30%. Hence, CGT levied on the capital gains = 0.3*24,500 = $ 7,350 However, if instead of capital gains, Solomon now makes capital losses, then the current year losses would be added to the losses from the previous year and the cumulative capital losses are carried ahead to be adjusted in future year. Further, these losses will automatically be carried forward till they are adjusted against the gains (Sadiq et. al., 2015). 2. In accordance with the case information rendered in the question, it is evident that Periwinkle (the employer) has extended some fringe benefits to their employee (Emma) and the implications with regards to tax for these transactions need to be discussed keeping in mind the applicable act Fringe Benefit Tax Assessment Act 1986 (FBTAA86). Car Related Fringe benefit The fringe benefits regarding car are explained as per Section 8 of the relevant act. It advocates that car fringe benefit would arise when the employer is given a car owned by the employer for personal usage. The resulting tax on the benefit that arises in the form of car fringe benefit would be levied on the employer as per Section 23L ITAA 1936. In the given case, Periwinkle has extended car fringe benefits to Emma, the employee since the car is employer owned and used by Emma for personal usage (Sadiq et. al., 2014). For ascertaining the value of the fringe benefit associated, the key consideration is to ascertain whether the product or service extended has GST levied or not since the gross up factor is driven by this information (McCouat, 2012). Since the car has GST levied on itself, hence the corresponding gross up factor to be carried forward for computation is 2.1463 (ATO, 2016). The FBT liability determination with regards to fringe benefits on car can be computed in the fo llowing manner (Wilmot, 2012). Step 1: Taxable value determination The relevant formula for determination of taxable value of the FBT is given below. The input values required for taxable value determination can be computed in the manner displayed below. The statutory percentage required above can be taken by considering the total distance Emma had used the car for personal usage during the given assessment period. The case study indicates that the relevant distance covered by the car amounts to 10,000 km during the assessment period. Therefore, in accordance with rule prescribed by ATO, the statutory percentage would be 20% as the distance travelled by the car does not exceed 15,000 km (ATO, 2015). Period in days for which the car is with Emma = March 31, 2016 May 1, 2015 = 365-30 = 335 Additionally, adjustment needs to be made with respect to those five days when car was in repair and hence Emma did not possess it. No adjustment would be made for the period of 10 days for which the car was parked at the airport as Emma had the possession but decided against using it. Cumulative days of usage of car by Emma = 335-5 = 330 FBT Taxable Value = $ 32450 20% (330/365) = $ 5,867.7 Step 2:FBT liability FBT liable to be paid by the employer = 5,867.7 2.1463 49% = $ 6,170.95 Fringe benefit on loan Fringe benefit on loan arises when financial assistance is extended to any employee from the employer at rate of interest lower than the RBA benchmark rate. This particular fringe benefit would be taxed at the end of the employer only. In accordance with the TD 2015/8, the RBA benchmark rate prevailing for the year ending on March 31, 2016 is 5.65% pa. As a result, fringe benefit on loan would result since the employer is offering the interest is 4.45% pa. The fringe benefit associated with loan would be equivalent of the interest differential of the total loan amount borrowed at the RBA benchmark rate and that on offer by Periwinkle (Barkoczy, 2015). The value of the fringe benefit derived from loan can be computed as follows. Interest cost of the loan given to Emma at the rate prescribed by RBA = $ 500,000 5.65% = $ 28.250 Interest cost of the loan given to Emma at the rate offered by employer Periwinkle = $ 500,000 4.45% = $ 22,250 Savings achieved on account of lower interest rate that is asked by the employer = $ 28,250 - $ 22,250 = $6,000 The loan fringe benefit to the tune of $ 6,000 is given to Emma that would pave way to FBT liability, Besides, it is known that the loan extended by Periwinkle has been used by Emma for buying holiday day i.e. for realising gains of personal nature. As a result, deduction would be available for the employer to the extent of interest payment which Emma makes on the amount of $ 450,000. This would lead to the lowering of the employers total tax liability (Gilders et. al., 2015). In relation to bathtub, there is fringe benefit that has been extended from the employer to Emma since the bathtub is provided at a lower price as compared to the retail price. The fringe benefit extended is equal to the difference in the two prices (Sadiq et. al., 2015). In the given question, now an alteration has been made as 10% of the financial assistance extended to Emma has been forwarded to her husband, which would be utilised for making investments in shares. However, since the previous 450,000 would again be utilised by Emma for buying a holiday home, hence the interest deduction on this would remain the same. But, there would a decrease in the FBT liability arising on account of the loan taken by Emma which is explained as shown below (Deutsch, et. al.,2015). Interest cost of the 10% loan given to Emma at the rate prescribed by RBA = $ 28,250 10% = $ 2,825 Interest cost of the 10% loan given to Emma at the rate offered by employer Periwinkle = $22,250 10% = $ 2,225 The above would lead to a decline in loan fringe benefit to the extent of 2825-2225 = $ 600 Hence, taxable fringe benefit arising from loan in this case = 6000-600 = $ 5,400 References ATO 2015, How to calculate your FBT, Australian Taxation Office, Available online from https://www.ato.gov.au/General/Fringe-benefits-tax-(FBT)/How-to-calculate-your-FBT/ (Accessed on May 25, 2016) Barkoczy,S 2015.Foundation of Taxation Law 2015,7th edn, CCH Publications, North Ryde Deutsch, R, Freizer, M, Fullerton, I, Hanley, P, Snape, T 2015. Australian tax handbook, 8th edn, Thomson Reuters, Pymont Gilders, F, Taylor, J, Walpole, M, Burton, M. Ciro, T 2015. Understanding taxation law 2015, 8th edn, LexisNexis/Butterworths. McCouat, P 2012, Australian GST legislation. 17th edn, CCH Australia Limited, North Ryde Sadiq, K, Coleman, C, Hanegbi, R, Jogarajan, S, Krever, R, Obst, W, and Ting, A 2015,Principles of Taxation Law 2015,8th edn, Thomson Reuters, Pymont Wilmot, C 2012, FBT Compliance guide, 6th edn, CCH Australia Limited, North Ryde