Saturday, August 31, 2019

Declaratory Theory

â€Å"Declaratory theory is propounded on the belief that judges' decisions never make law, rather they only constitute evidence of what the law is. However, this view is no longer accepted. There are three reasons for the persistence of the declaratory theory. In the first place, it appealed in the separation of powers. Secondly, it concealed the fact that judge-made law is retrospective in its effect and finally, when the judges confronted with a new, unusual, or different point, they tend to present as if the answer is provided by the common law.One of the most widely-accepted principles of the English legal system is what is known as the ‘declaratory theory' of judicial decision-making. This principle states that when judges are required to make decisions, they do not create or change the law, they merely ‘declare' it. That is, a judge says what he or she finds the law to be; no ‘new' law is ever created by judges. New law comes from Parliament. For example, th e Criminal Justice Bill that is currently going through Parliament will make fairly radical changes to the criminal law.It will take away the blanket immunity that currently exists from being prosecuted twice for the same offence. No-one is suggesting that this Bill declares the law: the ancient ‘double-jeopardy' principle has existed for centuries. When the Bill is enacted, the law will simply change. This article attempts to show, first, that the declaratory theory itself is based on indefensible assumptions of fact. Second, it shows that the theory sometimes leads to bizarre conclusions, which can only be avoided by the most strained reasoning.Finally, it examines why the theory commands so much reverence, when most academics and many judges believe it to be fatally flawed. Why the declaratory theory is factually indefensible The classical exposition of the declaratory theory is that of Lord Esher in Willis v Baddeley (1892): There is, in fact, no such thing as judge-made l aw, for the judges do not make the law, though they frequently have to apply existing law to circumstances as to which it has not previously been authoritatively laid down that such law is applicable.That judges appear to create and change law is undeniable; cases like Donaghue v Stevenson, Hedley Byrne v Heller, and Wednesbury represent significant developments in the law. In Lord Esher's view, the judges in these cases would simply be applying existing principles to new fact situations. But where do these existing principles come from? Some of them, no doubt, come from previous case law. When a judge is called on to decide a case, most often a decision can be made by looking at previous cases whose facts are similar to those at issue, and reasoning from them.Very often there will be previous cases that are binding on a particular court, and these will dictate the outcome. But unless we are to accept an infinite regress of case law, back to the very dawn of time, there must be some point in the past at which an issue was first decided. The romantic view is that the earliest judicial decisions were made by the ‘wandering justices' of the 13th century, who travelled the land at the King's behest, applying and unifying the existing law of the land.The pragmatic view is that the English common law results from an attempt by the Norman French nobility to apply its standards of law in a conquered country, while giving an illusion of continuity. Whether the legal developments of the medieval period followed from a process of approving established legal custom, or from the imposition of a foreign jurisprudence, neither represent an answer to the question where the foundational principles come from. There are really only two possibilities: either they were, at some point, created by the judges, or they were based on existing ‘universal truths' that were self-evident to the judges.The declaratory theory repudiates the notion that the judges ‘made thin gs up', so the only alternative is that they were based on universal truths. The notion that law is based on fundamental, self-evident principles of ethics is often called ‘natural law' jurisprudence. To be fair, the idea of ‘natural law' has had a bit of a revival in the last fifty years or so, after being out of favour since the 18th century. The idea that the declaratory theory can be traced back to natural law therefore does not attract the same scepticism today as it would have in the 19th century.The problem with natural law is that even if one is prepared to accept its basic tenet, that there indeed are self-evident principles of ethics, it is by no means obvious that every situation that requires a judicial decision is one in which such fundamentals are at issue. Consider, for example, the well-known case of Entores v Miles Far East Corp (1955). This concerned the formation of a contract by telex machine, in the very early days of this technology.Previously most formal business transactions would have been carried out by post; the ‘postal rule' was – and still is – that if person A offers to contract with person B, then the contract is formed when B's letter of acceptance is posted to A. This is the case even if B's acceptance never even reaches A. When considering the use of telex, the court had to decide whether the same principle could be applied to telex as to post, that is, whether a telexed acceptance was effective on sending, or on receipt. The leading judgement in Entores was given by Denning LJ.In his judgement he does not refer to any existing case law, or any legal principle. Instead, he says that it is simply reasonable and obvious that a telex must be received to be effective. If the declarative theory is correct, then Denning's judgement cannot be creating law: it must be declaring what the law is. But since he does not refer to any existing law, it must, presumably, be derived from universal principles. No w, a proponent of natural law may believe it is self-evident that, for example, murder and rape are wrong.But it takes a real leap of faith to believe that there are principles of natural law at stake in deciding when a telexed contract is formed. The reality, of course, is that when Entores was heard, no-one really wanted to see the ‘postal rule' extended to a new technology. Denning's judgement is an entirely pragmatic one. It does not require any higher principles to be considered. In summary, the declaratory theory is predicated absolutely on acceptance of a natural law view of jurisprudence, not just for fundamental principles of ethics, but for everything.This, I suggest, is just too much to swallow. Why the declaratory theory produces bizarre results Law students generally know about the ‘retrospectivity of the declaratory theory'; but it doesn't seem to be well understood that this is not a doctrinal matter, or something that can be argued either way, it is an in evitable conclusion of the declaratory theory. If a judicial decision cannot create new law, then when the judge declares the law, as a matter of plain logic he is declaring what the law always was. In the Entores example discussed above, this does not create a problem.It established that the use of telex had certain legal consequences, but since telex was only just coming into use when this decision was made, the fact that Denning was declaring what the law was is of no consequence. It is purely a matter of academic discussion whether the ‘postal rule' would have applied to telex in, say, the 15th century. It is, surely, of not practical consequence. Perhaps the first occasion on which the full implications of the declaratory theory had to be confronted squarely by a court was in the case of Kleinwort Benson v Leicester CC.Here, the House of lords had to rule on what should have been, for a court of this standing, a routine matter. The question at issue was whether money was recoverable in a restitution action, if it was paid from one party to another in a mistaken understanding of law. It had always been the case that money paid under of a misunderstanding of fact was recoverable. It was widely believed that the inability to reclaim money paid under a mistake of law was unjust, and incompatible with other legal principles and other jurisdictions.Both parties to the case, and all five of the law lords, were in agreement on this point: it should be possible to recover money paid under a mistake of law. The disagreement was on whether the decision that it was recoverable should apply only to new cases, or to past cases. Kleinwort Benson, a bank, had already paid its money to the defendant local authority. It therefore argued that the decision should operate retrospectively, so it could reclaim its money. The Local Authority, on the other hand, argued that the decision should not have retrospective effect.The problem was that if the issue were decided in f avour of the claimant bank, it must have retrospective effect. This is a direct consequence of the declarative theory. After all, if the law at time T1 was X, and it is later changed at time T2 by judicial ‘declaration' to Y, then the effect of that declaration is to deem that the law at T1 was Y as well. Of course, no-one at time T1 knew this, and so a decision made on the basis that the law was X, not Y, was necessarily mistaken. You may be wondering why this would have such dramatic consequences.Well, a potentially large number of businesses could suddenly find that the they had grounds for litigation arising from things that happened in the distant past, and which they had no way of knowing at the time would be actionable. No-one would wish to see a barrage of ancient, poorly-remembered cases dragged up before the courts in the hope of gain. For technical reasons which I don't have space to explain here, the Limitations Act would not prevent this. So the Law Lords were fac ed with a problem.They could decide justly, in favour of the claimant bank, by ruling that it could recover its money, and accept the inevitable problems that the retrospectivity of its decision would bring. Or it could decide against the claimant, and avoid the problems, but at the expense of leaving in place an unjust and criticised rule of law. It was simply not open to the judges to change the unjust law, without the change being retrospective, unless they were prepared to openly attack the declarative theory. It is interesting to see how the various judges attempted to deal with this problem.It should be noted from the outset that all the Law Lords in Kleinwort Benson agreed that, in practice, judicial decisions do change the law, rather than simply declaring it. No-one suggested for a moment that the declaratory theory was actually true. For example, Lord Goff says: It is universally recognised that judicial development of the common law is inevitable. If it had never taken pl ace, the common law would be the same now as it was in the reign of King Henry II†¦ However, there was very little enthusiasm for making an official pronouncement to that effect.We will discuss possible reasons for this later. Lord Browne-Wilkinson proposed a judicial damage-limitation exercise. He suggested that although the declaratory theory should be upheld, it could be prevented from giving rise to actions arising out of past conduct. †¦ retrospection cannot falsify history: if at the date of each payment it was settled law†¦ [the claimants] were not labouring under any mistake of law at that date. The subsequent decision †¦ could not create a mistake where no mistake existed at the time.In other words, what he seems to be saying is that although the claimants did in fact err in law, they had not made a mistake of law, so they could not reclaim their payments. This is quite a neat trick, because it upholds the revered declaratory theory, while preventing it giving rise to an undesirable situation. However, it does rely on accepting that there are two different metas of ‘mistake of law'. One meta occurs when a person misunderstands the law that actually subsists at the time he applies it, and which continues to subsist.The other meta occurs when a person correctly understands the law at the time he made the decision, but his understanding was later made wrong by a judicial decision. Even if one accepts this arbitrary and unfounded distinction, it seems impossible to avoid the conclusion that it is unjust. If a person makes a mistake of law, and the law remains the same, then the mistaken person can reclaim any money paid as a result of that mistake. On the other hand, a person who later finds that he was mistaken as a result of judicial decision cannot reclaim anything.Yet the latter person is blameless: his decision has been ‘wronged' by later events beyond his control. The former person could at least (in theory) have disc overed what the law was. The effect of the Browne-Wilkinson solution is to leave the declaratory theory intact, at the expense of justice and common sense. Lord Goff showed, perhaps, the greatest reverence for the declaratory theory: I can see no good reason why your Lordships' House should take a step which, as I see it, is inconsistent with the declaratory theory of judicial decision as applied in our legal system†¦As a result, he was prepared to allow a person to recover money paid under a decision in law which was correct at the time, and later shown to be false. In his analysis, the claimant was labouring under a mistake of law, but simply did not know it. Lord Goff correctly analysed the effect of the retrospectivity of the declaratory theory, and allowed it to stand despite the odd results it engenders. Lord Hoffman recognised the problems that would follow from finding for the claimant, but decided that they were a price worth paying for doing justice in the particular case: This may suggest that your Lordships should leave the whole question†¦ o the legislature†¦ There is obviously a strong argument for doing so, but I do not think that it should prevail over the desirability of giving in this case what your Lordships consider to be a just and principled decision. Lord Hope decided along much the same lines as Lord Goff. Of the five Law Lords, Lord Lloyd was the only one to criticise the declarative theory: It follows that†¦ the House of lords is doing more than develop the law. It is changing the law, as common sense suggests†¦ If this view of what happens is inconsistent with the declaratory theory of the court's function, then it is time we said so.It always was a fairy tale. And: For myself, I would want to allow the appeal, if I could, [avoiding the effect of retrospectivity]. But as that is not to be, I consider the second best course is to leave the abolition of the mistake of law rule to Parliament. He seems to be sayi ng that a decision for the claimant, coupled with the effect of the declaratory theory, will produce results so bizarre and unpredictable that it ought not to be allowed. In other words, the price of doing justice in this case is too high.Legal retrospectivity is bad enough in the civil law, but in the criminal law it becomes a human rights issue. Article 7(1) of the European Convention on Human Rights specifically forbids criminal sanctions for an act that did not constitute a crime at the time it was committed. In other words, however heinous we might think an act is, it can't be punished unless the offender had a way to know it was illegal. Of course, ‘ignorance of the law is no defence', but the offender has to be able to know the law to be bound by it. Consider the famous House of lords case of R v R (1994).This concerned a man who raped his wife, and based his defence on the fact that for a man to rape his wife was not, in fact, illegal. It may be condemned, it may even be wicked, but it was not – at that time – illegal. If a man had approach a solicitor in 1990 and said ‘Look, I'm thinking of raping my wife, is that illegal? ‘ a competent solicitor may well have said: ‘Well, of course I wouldn't condone it, but the balance of authority is that it isn't actually illegal'. He could have cited authorities going back to the 16th century to back this up.At this time, there was increasing pressure on Parliament and the courts to overturn this unedifying principle of law, but when R was heard, no action had been taken. To cut a long story short, the House of lords decided that marital rape was illegal, reversing a 400-year tradition. Everyone, with the exception of the defendant, heaved a sigh of relief. Later that year, the decision was put on a statutory basis, which appeared to settle the matter once and for all. The fly in the ointment is our old friend retrospectivity. The decision in R was not that marital rape was i llegal, but that it had always been illegal.Again, the court had no power to decide otherwise. And this means that an octogenarian who raped his wife in the 1940's could now be prosecuted. You may feel that this is a just conclusion; you may feel that rapists should get their just deserts. However, the fact remains that we would be punishing a person for something which was not illegal at the time, and which he would have no way of knowing was ever going to be illegal. The social conditions of the time may not even have led our hypothetical defendant to think he was doing anything wrong.But he could still be prosecuted. This may sound far-fetched, but in fact within a year of the decision in R, cases were being heard in the European Court of Human Rights (ECHR). SW v United Kingdom (1995) concerned a man who was prosecuted in 1994 for a rape he had allegedly committed in 1990. If was far from obvious that marital rape was illegal in 1990. The ECHR upheld the criminal conviction, on the basis that when the rapes occurred, the defendants could have reasonably foreseen that the criminalisation of martial rape was likely.The problem with the decision in SW v UK is that it suggests that a person must govern his behaviour, not by what the law is, but by what he predicts it will be when any consequent prosecution is bought. So, not only is ignorance of the law no defence, but ignorance of the future development of the law is also no defence! None of the forgoing is intended to condone the practice of marital rape. Judicial retrospectivity presents the same kind of problem for any criminal offence, of any severity. Lord Diplock has suggested that the retrospectivity of judicial decisions discourages judges from correcting defects in the law.Judges have to be very conservative if they must predict not only the effect of their decisions on new cases, but the effect they would have had if made in the past. To get around this problem, the Supreme Court of the USA has adop ted the device of ‘prospective overruling'; this device allows the court to state that a decision that changes the law is not to have retrospective effect. The problem is that prospective overruling is simply incompatible with the declaratory theory. If the former comes in, the latter must go. However, as Prof.Zander says, the courts can accept that the declaratory, retrospective effect of its decisions is doctrinally ‘correct', while at the same time letting it be known that they will decide cases on the basis of the law as would have been understood when the events occurred, not when the case is heard. This is a fudge, but probably a workable fudge. Why is the declaratory theory so revered? In Albion's Fatal Tree (1975), Douglas Hay argues that the decline in formal religious observance in the 18th century left a power vacuum to be filled by the law.For law to command the respect of society in the way that the church had done, it was necessary that it be seen as someth ing above and beyond its practitioners: The punctilious attention to forms, the dispassionate and legalistic exchanges between counsel and the judge, argued that those administering the laws submitted to its rules†¦ In short, it's very inefficiency, its absurd formalism, was part of its strength as ideology. Such an ideology would be undermined, of course, if it were seen that law were nothing more than the creation of ordinary people.It was the job of the legal profession to form an elite, and thereby shield the ugly reality of lawmaking from public scrutiny. While this argument may have had validity in the 18th century, it is not at all easy to see that it stands up in the 21st century. To respect the law, we don't necessarily need to view it as having supernatural origins. Moreover, since the 18th century the development of the law has increasingly been effected by statute. No-one expects Parliament's legislative programme to be to be guided by anything more than the views o f society as expressed through the ballot box.Nevertheless, while most judges tacitly accept that their activities have the effect of lawmaking, relatively few have been prepared to criticise the declaratory theory in public. Lord Reid is usually credited with first describing the declaratory theory as a ‘fairy tale'; in a 1972 article ‘The judge as law-maker' in JSPTL he described the ‘Aladdin's cave' in which ‘those with a taste for fairy tales' expect the common law to be found. However, he was not the first influential judge to cast doubt on the declaratory theory. For example, Lord Radcliffe wrote in the Law Society Gazette in 1964 †¦ here was never a more sterile controversy than that upon the question whether a judge makes law. Of course he does. How can he help it? Such comments are, to say the least, unusual. Prof. Atiyah is probably the most outspoken critic of the modern judicial attitude to the declaratory theory. In Judges and Policy ([1980] ILR 346) he identified five reasons for its continued existence. First, it is to the advantage of the judge if he can, in a difficult case, deflect any criticism of his own decision onto ‘the law' as a higher principle.As Atiyah says, of course, this can be seen as a ‘shabby attempt to evade responsibility'. Nonetheless, the job of a judge is difficult enough, without having to deal with personal attacks on his decisions. Lord Devlin has suggested that judges will occasionally hint to claimants that they wish they could find otherwise, but are bound by ‘the law'. Second, it is generally accepted as a constitutional principle that it is the role of the legislature to make law, and the role of the judiciary to interpret it in specific cases. Where judges do make law, they should do so within narrow constraints.There is undoubtedly some virtue in this principle. The most famous exponent of judicial creativity in modern times is almost certainly Lord Denning. His view was very much that it was the job of the judge to ‘do justice'; if that meant that principles of law had to be bent to fit, that was a price worth paying. The problem is that his decisions do not generalise. It is often difficult for later judges, reading his reasoning, to determine whether the decisions he made are based on law that ought to be applicable in other cases, or to fact situations particular to the case under consideration.This is evidenced by the fact that many of the principles that he established by doing the right thing in a particular case have come to be misapplied in later cases, and have had to be circumscribed by later judges. For example, his decision in Solle v Butcher (1949) that a contract could be set aside on ‘equitable grounds' when entered under a mutual mistake, did justice in the case itself. This decision was followed in a large number of cases, but it was never entirely clear what would amount to ‘equitable grounds'.Finally, in 20 03 the case of The Great Peace more or less demolished the entire concept of ‘mistake in equity' and put this branch of law back where it was 50 years ago. Even if judicial creativity can do justice in the present case without compromising later decisions, there are other reasons why judicial creativity should be constrained. Judges are only able to deal with cases they hear; it is difficult for them to take a wider view of any issue. Judges are not well-placed to make decisions that involve elements of social policy.In addition, arguably judges are drawn from a much narrower section of society than MPs, and therefore less representative. Third, Atiyah argues that judicial lawmaking is tolerated only because it is not exercised openly. Lord Devlin has argued (Judges and lawmakers [1976] 39 MLR 11) that if the courts are given, or arrogate to themselves, the power to make decisions without retrospective effect (and thereby demolish the declarative theory) this will amount to an approval to engage in judicial law-making in the large.While we accept that development of the law requires an occasional exercise of judicial creativity, the fact that it has to be done on the sly means that it won't be done all that often: Paddling across the Rubicon by individuals in disguise†¦ is better than the bridging of the river by an army in uniform with bands playing. Atiyah's fourth argument is that many judges themselves have a naive and simplistic view of their own lawmaking role.They frequently speak or write as though the only alternative to a slavish devotion to the declaratory theory is the wholesale abandonment of the doctrine of precedent and the separation of powers. Judges frequently invoke Seldon's old chestnut about the law varying with the length of the Lord Chancellor's foot as a reason for their own conservatism. However, there is no reason to assume that a disavowal of the declaratory theory need signal the end of the doctrine of precedent (it has n ot done so in the USA), or the dissolution of the separation of powers.The fifth argument is that public respect for the judiciary depends on their strict and evident impartiality. If the judge was seen to create or change law, the implication is that the judge prefers one view of law to another. But, as Atiyah says, there is no reason to believe that the public will respect a judge that is impartial but unjust, more than one that is partial but fair. Judicial adherence, at least in public, to the declaratory theory may be for the very best of motives.However, in a well-educated, democratic society, it is doubtful whether it is ever appropriate for the governing classes to espouse one point of view in public, and a different one in private. Not only is it intellectually dishonest, it is doubtful whether it is necessary. Moreover, it is a strategy that is unlikely to work for much longer. It seems unlikely that the public will be moved to increased confidence in the judiciary, when i t becomes obvious that the judiciary have practised a paternalistic and patronising form of misinformation for all these years. â€Å"

Friday, August 30, 2019

Digital Media And Democracy Tactic

Transformation nowadays was at hand in different facet of our lives. Same with the instance in the field of media practices, everyone has the right to participate in this free trade of information. The query if this alteration in media can be utilized in forming social movements was at hand. Taking this into account, clearly we can say that new technologies can take us to another level. It is so powerful that it can contribute to the knowledge that we possess and it can even mold us to be someone we dream of becoming.Technologies absolutely provide us with lots of awareness and new ideas, â€Å"technology is offering us new standards, platforms and ways of expression† (Boler). In the interview with Boler, interesting topic that unravels the layers of expression through the use of technologies, blogging is one of the concepts that have been touch. Indeed, it connotes a new system of negating with other people. Of course there are a certain restrictions in making a blog for inst ance, but the focal point of everything is simply going deep with the material and exploring the new concept of technology, this is what can make us truly express our emotions.Using this medium we would be able to have a grip towards the different phenomenon in our realm. Globalization has a lot to do with the fuzz about the internet. Practically, the emerging technique of using the internet was said to expand the horizon of an individual. On the contrary, the effects of such was claimed by some to be alarming since it dominates liberalization and freedom of speech, â€Å"internet’s material properties are biased towards openness, liberalization, democracy, freedom of speech and communication† (Boler). Censorship on matters of exceeding within the limits of exhausting the internet should be inflicted.People who are engage in using the system should know the proper utilization. We know how powerful our new systems could get and we can never deny the fact that the improp er use of such could result into a serious matter of politics. Anything that is set to contain in any sites should be filtered in any way to increase the sensitivity of everyone. This extraordinary issue of technological upgrading should not be exploited to serve only one purpose; it is ultimately design for the common good and for the sake of everyone else.

Thursday, August 29, 2019

Marketing Segmentation of Tata Nano in India and Its Targeting and Positioning Strategy.

Contents Market Segmentation, Positioning, Targeting: A case of Tata Nano in India EXECUTIVE SUMMARY: Targeting and positioning strategy of Tata Nano and recommendations for the company are given. INTRODUCTION: BACKGROUND: According to Howard and Sheth (1969, p. 70), â€Å"market segmentation depends on the idea that the company should segment or divide the market in such a way as to achieve sets of buyers† Historically sellers were engaged in mass marketing. They were into the mass production, mass promotion and mass distribution of one product to all consumers in order to obtain economies of scale. This approach of marketing segmentation made the producers to compete against their competitors in terms of products and services. Kotler says â€Å"the product differentiation is to provide variety to the buyers rather than to appeal to different segments†. DISCUSSION: CRITICISM OF MARKETING SEGMENTATION: When the size of the market is so small to do marketing When a brand is a dominant brand in the market. When more number of people falls in the same category. Most of the brands do not operate within the same segment. Certain brands cannot fit into a particular segment which is a drawback to this strategy. In very small businesses and brands this strategy will not work and it is not possible. CASE OF TATA NANO IN INDIA AND ITS MARKET SEGMENTATION: Tata Motors is the leading automobile manufacturer in India with a huge portfolio which includes trucks, passenger cars, buses, and utility vehicles. Even though there are many products from Tata Motors an interesting case of Tata Nano is discussed further. Generally Tata Motors follow the marketing segmentation concept and they have succeeded which already prevails in the history. Tata Nano which comes under the passenger car segment was launched in January 2008. India’s passenger car segment has been grown extraordinarily for the past four years and it was the clever strategy of Ratan Tata to launch a product in that segment. Heading to the marketing segmentation of Tata Nano is quite interesting. Tata Nano is specially designed and manufactured for the middle class and lower middle class people in India (Interview of Ratan Tata). Marketing Segmentation for Tata Nano: Geographic: rural areas, semi urban areas, small towns, large cities and metropolitans. Demographic: Age group: people of age group above 18 (as the legal age for driving in India is 18) Size of family: family size not more than 5. Psychographic and Behavioural: ANALYSIS OF TATA NANO’S MARKETING SEGMENTATION: From the above segmentation variables and how Tata Nano is segmented, it is clear that the manufacturer wants his product to be used by almost everyone in all geographic conditions. In demographic segment the income group of $220 can easily purchase this car is mentioned. But again they say this can also suit the people who own cars already for the sake of increasing the count which adds privilege to them as well as their status. Even in the occupation category, it is mentioned that right from students to any profession person can use Nano which again puts a lot of people in the category. TARGETING AND POSITIONING OF TATA NANO: Tata Nano’s targeting strategy starts from its tag line â€Å"The people’s Car† and â€Å"the world’s inexpensive car†. Tata Nano is segmented to the middle class and lower middle class people who had only dreamt about cars which also include the people who earn $220 per month. Their target customers are those who are extremely price conscious and have low latitude of acceptability. Industry wise they target the two wheeler industry, three wheeler industry (which are more costly than nano), public transports as well to an extent. Hence pricing is their most effective targeting strategy. (Admap magazine, www. warc. com/admap) Positioning of Tata Nano is solely based on its price which may also become a drawback to them in future. Tata Nano is well positioned which will be doing a marketing for the entire Tata Motors. As Nano will be the first car of many customers there will be a possibility of customers to follow Tata Motors if they have a good value for money product and good customer relationship management. As mentioned Nano will be the first car people will surely change their car and that might be possibly for another car in Tata Motors itself. Moreover Tata is also got a wide range of cars which are durable and better quality which suits Indian roads. (NDTV news) {draw:frame} {draw:rect} {draw:frame} {draw:frame} draw:frame} {draw:frame} CONCLUSION AND RECOMMENDATION: The marketing segmentation concept is a good strategy in marketing but not applicable for all industries, services or products. Nano is got a good segmentation and its well targeted and positioned. As Nano is targeting people with its price strategy, in future due to some inflation if value of money increases they might not be able to con vince their customers. Tata is a good reliable brand in India and now the positioning of Nano as the first car of many people will surely help them in growing their Tata Motors organisation. REFERENCES: Caroline Tynan and Jennifer Drayton, Journal of marketing management, 1987, 2, No 3, 301-335. Smith, W. R. (1956), â€Å"Product differentiation and market segmentation as alternative marketing strategies†, _Journal of Marketing, _2J (3), pp. 3-8. Baker, M. J. (Ed) (1984), Macmillan Dictionary of Marketing and Advertising, London, Macmillan. Haley, R. L (1968), â€Å"Benefit segmentation: A decision-oriented research tool†, Journal_ of_ Marketing, 32(3), pp. 30-35. Chisnall, P. M. (1985), Marketing: A Behavioural Analysis (2nd edition). Maidenhead, Berkshire, McGraw-Hill UK Ltd. Lunn. T. (1978), â€Å"Segmenting and constructing markets†. In: Consumer Market Research Handbook (2nd edition) (Eds. ) Worcester, R. M. and Downham, J. , London, Van Nostrand Reinhold Co. (UK) Ltd. , pp. 343-376. Haley, R. L (1968), â€Å"Benefit segmentation: A decision-oriented research tool†, _Journal of_ Marketing, 32(3), pp. 30-35. Siddharth Vinayak Patankar, (2009), â€Å"_NDTV’s review of the Tata Nano_†, NDTV Profit Online, [http://profit. ndtv. com/2009/03/23220600/How-does-the-Tata- Nano-drive. html]. www. tatanano. inservices. tatamotors. com Joseph Sassoon, Admap magazine, www. warc. com/admap.

Wednesday, August 28, 2019

Women In the US Army Research Paper Example | Topics and Well Written Essays - 3000 words - 1

Women In the US Army - Research Paper Example Opposing the traditional socio-religious barriers to and prejudices that women are best suited for indoor activities due to their psychophysical fragility, women’s position in outdoor activities was reinforced by their participation in the Women’s Army Auxiliary Corp. Indeed the root of the Women’s Army Auxiliary Corp lies in the women’s unarmed services â€Å"with the Army under contract and as volunteers during World War I as communications specialists and dietitians† (Bellafiare 4). Subsequently, a bill regarding women’s inclusion into the US Army as regular personnel with equal pay, equal legal protection, disability benefits, pensions and medical care was proposed by Edith Nourse Rogers, the Congresswoman of Massachusetts. But Rogers’ propositions did not go unchallenged since â€Å"both the Army and the American public initially had difficulty accepting the concept of women in uniform† (Moore 34). Finally, Rogers’ c ommittee and the US Military authority came to a compromise regarding the women’s legal rights in the army and the Womens Army Auxiliary Corps (WAAC) became existent in 1942 by Public Law 554 () as a branch "for the purpose of making available to the national defense the knowledge, skill, and special training of the women of the nation." (Bellafaire 7). Later, the WAAC gained the full status of an army branch, being converted to Women’s Army Corp (WAC) in 1943. About 150,000 American women â€Å"served in the Womens Army Corps (WAC) during World War 11. Members of the WAC were the first women other than nurses to serve within the ranks of the United States Army† (Bellafiare 5). Though Rogers’s idea was to provide the women with full status of army personnel in the US Army, due to the novelty of the idea and social barriers and prejudice towards women’s participation in armed activities, the WAAC members did not have the full rights that their male counterpart had

Interview student from Russia Article Example | Topics and Well Written Essays - 1250 words

Interview student from Russia - Article Example These are special workshops, where we meet together and discuss current issues. I try to visit as many activities as possible, for example, we have workshops on politics, economics, films and music, literature. During our last meeting (before I went to the US) we discussed the perspective of the European Union and the results of referendums in France and the Netherlands. As for me, I think, this idea has always been a bit artificial, it doesn't bring much profit comparing with the money that is spent to support it, look at the Euro, its strength won't last for long. But that is only my opinion. I am to prove it, I have to write an essay with my ideas. - In the beginning of the 90s, after the collapse of the Soviet Union, there was felt lack of finance in education, while in the US there was much attention paid to it. In the Soviet Union education was free; nowadays we have an alternative, whether to study at the state or private (which means one is to pay much for it) school, college, university. By the way, the same situation is in the sphere of medicine. - Officially, yes, but the waiting list would be very long, so, most probably, you wouldn't need any medical treatment already. That's why unofficially you have to give money to doctors or buy medicines. Then, speaking about the system of education, as for me, I study at the State University for free and even get a scholarship, but there are students who pay for their studies and these sums are really large, so, I'm afraid, higher education is not available for everyone. - In the US you have the opportunity to decide by yourself whether to study only or to work or combine your job with studies at the college or university. I think, that working while studying is very important because it is a good training and experience. - In Russia education is compulsory only for first eight classes, then you can go to work, if you want to enter the university, you are to study for two more years, and then try to pass your exams for higher education. I try to combine studies and job, though sometimes it causes problems either at the University of at work... - Let's talk about everyday life in Russia. In what ways is it interesting or strange Is it harder or easier for an average citizen in financial aspect, for example Is it hard for you, in particular - Yes. I understand. In Western countries there are very many stereotypes about Russia: that its whole population consists either of starving alcoholics or gangsters (or gangsters-alcoholics). But fortunately it is not so. Believe me. Of course, there are gangsters, like in any country - in big cities it can be rather dangerous to appear in the street late at night. As for vodka, it is still a problem, especially in the countryside, because people can't find job there, the Soviet system of kolkhoz and sovkhoz (farms which belong to the state)

Tuesday, August 27, 2019

Probation, Pardons and Parole Essay Example | Topics and Well Written Essays - 1000 words

Probation, Pardons and Parole - Essay Example The officer will gather information about the criminal from the criminal’s family, victims and any other relevant individuals. ‘Normally the PSI report contains; prior criminal convictions and juvenile adjudications, description of the offense, the defendants vocational background and work history, defendants marital status, financial status, length of residence in the community, educational background and other pertinent data, medical history, substance abuse history, and psychological or psychiatric history, harm suffered by any victim, victims impact statement, defendants statement, applicable sentencing guidelines, evaluation of the defendants probable adjustment in the community based upon factual information in the report, sentencing recommendations including any consecutive sentencing requirements’. (THE PRE-SENTENCE INVESTIGATION REPORT (PSI) KNOW YOUR RIGHTS) This paper focuses on the basic purposes of a PSI report, Supreme Court ruling with respect to th e confidentiality of a presentence report, sentencing guidelines and mandatory sentences which affect presentence investigations, Sources of information contained in the presentence report etc. Besides being instrumental in determining his federal prison sentence, the PSI is vitally important with respect to Bureau of Prisons’ (BOP) federal prison designation, security level, custody level, restitution issues, work assignments, bunk assignments, furlough eligibility, transfers, community custody placement, inmate quality of life enhancements, admission into the 500-Hour Residential Drug Abuse Program and how the inmate is treated in prison by both the guards and inmates. (Pre-Sentence Investigation Report (PSI)—Examples of What’s In It) The main purpose of a PSI report is to aid the judge in determining the sentence. The criminal background of the person is important in determining the

Monday, August 26, 2019

Palestine and Israel crisis and its effects on U.S. Arab relations Essay

Palestine and Israel crisis and its effects on U.S. Arab relations - Essay Example The role of the United States in the peace process involving the two parties is debated time and again both by the Arabs and the Jews. The Arab countries are especially worried about the American approach and intent. They generally appear to be suspecting a geopolitical encroachment from the powerful American side combined with the interests of Israel. Even faithful American allies like Saudi Arabia and Turkey do not appear to be least contented about the lingering Palestine and Israel crisis and the American role in the peace process. Thesis Statement Palestine and Israel crisis has increased geopolitical tensions between the U.S. and the Arab countries, which has made this issue multilateral and increasingly complex. Effects of the Crisis Involving the Region In general, the international community holds that American policy in this region favors Israel. The military superiority of Israel relative to any plausible coalition of the Arab parties has been primarily maintained through American military assistance.1 Since military power has played a very important role throughout the Palestine and Israel crisis, political geography of the region has been considerably changed. Israel has increased the geographical extent of its political dominion (by annexation of Golan Heights, for example). Also, it has the ability to block and encircle the West Bank and Gaza Strip at utter geographical convenience. Moreover, Israel has strategically erected and shifted Jewish settlements in the region from time to time. Israel has four widely accepted physiological divisions: Northern Coast, Central Hills, Jordan Rift Valley, and Nagev Desert.2 The topography of Palestine is relatively simple; West Bank is landlocked and hilly, while Gaza shows general features of an uneven coastal terrain.3 However, Israel’s stringent security and economic policies in regards of its settlements in West Bank and its control over the Gaza coast has complicated the political geography of th e region. Israel’s regional geo-strategic moves have adversely affected the Arab nations at large. The Arab countries are becoming more and more sensitive about their geographical borders and natural resources, which has pressurized America. America has to provide military support to the countries like Egypt and Jordan, and cautiously position its troops in and around the Arabian Peninsula. Palestine and Israel crisis is antagonizing even the non Arab countries like Iran and Pakistan. In sum, regional geopolitics is becoming very intense in the Middle East and even in South Asia. Effects Involving Mobility Annexation, blockade, settlement, evacuation, and politically motivated demographic alterations have increased the importance of mobility in the context of Palestine and Israel crisis. â€Å"The contrast between Oriental Jews and Israeli Arabs with regard to their different geographical mobility is striking. The Oriental Jews are immigrants who lost contact with their coun tries of origin, whereas the Arabs are natives who resumed ties with their people. The Orientals have a large degree of internal migration, whereas the Arabs almost none.†4 In the course of the Arab – Israeli conflict, Israel saw an influx of Jewish asylum seekers from the Arab countries while Palestinians were turned almost into refugees in their own land and strategically isolated. Moreover, during and after the World War II, thousands of Jews migrated to America and there they eventually formed a very strong socio-political lobby for Israel. This lobby has been strong enough to decide the course of American policies in the Middle East, even beyond

Sunday, August 25, 2019

Cloning in Animals and Humans Essay Example | Topics and Well Written Essays - 750 words - 1

Cloning in Animals and Humans - Essay Example It was an achievement for the scientists but a question of ethics and morals for other groups. This clone was considered to be a path of initiation towards the formation of human clones as well (Pence 2004, p 17). Thus, the subject of cloning of humans and animals has been a center of arguments and debates. The cloning of Dolly in the year 1995 became a matter of concern for many groups. The President of the United States, Bill Clinton did not approve of cloning and issued a statement that the government would not invest in this field of cloning. The National Bioethics Advisory Commission put forward a report in the year 1997 in which it strongly prohibited the research for the formation of human clones. Feminist groups argued against this technique and presented the fact that it would be used by people to promote the domination of the society by males. Hence the subject became a matter of global concern (Kass et al 1998 p XV-XVI). Though there was the initiation of many debates by different groups, the success of animal cloning continued and since the year 1998, different animal clones were produced. These included clones of calves, mice, pigs and goats. A goat was cloned in Japan and it was claimed that the goat would be able to generate milk in a much greater quantity. The cloning of mice was also considered to be a success owing to the fact that they are used very often for the process of conducting medical research activities. These breakthroughs of cloning in animals carried great benefits. Japan cloned cattle which would assist in the production of a greater amount of milk and this would fulfill the shortcomings of this industry in the country. Hence animal cloning carried with it major benefits (Pence 2004, p 17-19). In the United States, the utilization of meat and milk from the cloned animals was prohibited as much research on their safety was considered essential before it was permitted for consumpt ion.

Saturday, August 24, 2019

The differences in approaces taken by female and male leadings in Dissertation

The differences in approaces taken by female and male leadings in leading change - Dissertation Example According to the research findings there has been a growing involvement of women in the workforce in recent decades and they can be seen participating actively in business and economic development. However, there still exists an imbalance in the male-female ratio in the workforce, and there is a substantial earnings gap between the genders. This inequality is more apparent in the case of women in management. The smaller number of women in top management is indicative of the fact that women do not get to climb the higher echelons in organizations easily. Some researchers call this situation as the glass ceiling, indicating that women, who are meritorious and capable, too may not be able to break the ceiling and enter the realm of top management because of their gender. There has been some research undertaken to assess the reason for the existence of a glass ceiling – or the lack of women who are deemed qualified to occupy positions in upper management. Men are often considered to be more competent than women and it is presumed that men have the leadership qualities that are needed at the higher positions. Researchers have found masculine organizational culture, which is hostile to the female workers, is also responsible for curbing the growth of female leaders. Men are thought to adopt a masculine leadership style, and even women who do pass through the glass ceiling, are expected to keep away from exhibiting their feminine side (Pai and Vaidya, 2009). Ragins, Singh, and Cornwell (2007) explained that while business organizations are struggling to hold on to their best and brightest women, the persistence of the glass ceiling makes retaining top-notch female talents challenging. Dismantling the glass ceiling requires an accurate understanding of the overt and subtle barriers to advancement faced by women, and the strategies used to overcome these barriers. Women leaders are often considered to be passive, overly relationship-oriented and emotionally unsta ble (Northouse, 2009). On the other hand, male leaders are often observed as aggressive, direct and task oriented - qualities which are perceived as attributes of good leaders (Weyer, 2007). The available research has indicated that the general concept of leadership may be one-dimensional and perceived from a masculine point of view (Pai and Vaidya, 2009; Kargwell, 2008; Weyer, 2007; Tibus, 2010; Caykoylu, 2010; Biernat, 2003). The masculine leaders are considered to be more task-oriented and exercise their authority to discipline, correct or reward the employees on the basis of the employees performance (Spurgeon and Cross, 2008). Men are associated with this masculine style of leadership owing to their gender (Thewlis, Miller and Neathy, 2004), while women are considered to follow a more feminine approach which involves being passive and giving importance to relationships over tasks (Thomas and Thomas, 2008). There is a growing body of evidence suggesting that a more relationship oriented leadership style leads to better employee motivation and performance in

Friday, August 23, 2019

Intrastate semitruck transportation in Michigan Research Paper

Intrastate semitruck transportation in Michigan - Research Paper Example For instance, the construction data for the last semester of year 2009 showed Michigan to have experienced declines in the double-digits (-16.8%) which was reflected in the -6.4% decline of combined trade, transportation and utilities sector (www.bls.gov. 5 February 2010). A related industry to transportation and quarrying is mining and logging which also declined but this decelerated somewhat to only -6.3% over a 12-month period. All the above economic data pertain to number of jobs (in thousands, seasonally adjusted). What is more worrisome is the unemployment rate in state of Michigan which hovers around 15% (actually 14.6%) which is way above the national average of only 10%. But this is only the local picture for the state itself but there are many other issues to look at such as labor conditions, hiring patterns, economic competitiveness, safety, security, congestion, overall mobility, environmental impact and energy efficiency. Other than the economic factors that impinge on the industry, the one factor that has the greatest impact is deregulation. This is one factor more than interest rates or overall state of the economy that affects the industry. The entire US trucking industry is a $200 billion business and is highly fragmented. It means the 50 largest companies account for less than 30% of total industry revenues, unlike in other industries where there is an oligopoly or a high concentration of big players such as in the accounting industry (only 4 big players that can dictate prices). Economists call this as C4 or an industry where only 4 big players control more than 60% like US auto manufacturing or the oil industry. In short, the US trucking industry is over-saturated and lacks the necessary bargaining power with regards to customers and pricing. If we use Porters Five Forces Model then the trucking industry has very weak market power indeed. Of the five

Thursday, August 22, 2019

A. Making a Gene Product Essay Example for Free

A. Making a Gene Product Essay We have just seen that one way of identifying cells carrying a particular gene is by assaying for the gene product. Such products are themselves, of course, a frequent objective of genetic engineering. Most of the earliest work in genetic engineering made use of E. coli to synthesize the gene products. E. coli has the advantage that researchers are very familiar with this easily grown organism and with its genetics. It also has several disadvantages. Like other gram-negative bacteria, it produces endotoxins as part of its outer layer. Since endotoxins cause fever and shock in animals, their accidental presence in products intended for use in humans would be in a serious problem. Another disadvantage of E. coli is that it does not usually secrete protein products. To obtain a product, cells must usually be broken open and the product purified from the resulting â€Å"soup† of cell components (Barton, 2000). Recovering the product from such a mixture is expensive when done on an industrial scale. It is more economical to have an organism secrete the product so that it can be recovered continuously from the growth medium. One approach has been to link the product to a natural E. coli protein that the bacterium does secrete. This approach has been used to produce insulin. Certain gram-positive bacteria, such as Bacillus subtilis, are more likely to secrete their products and are often preferred industrially for that reason. Another microbe that shows promise as a vehicle for the expression of genetically engineered genes is baker’s yeast, Saccharomyces cerevisiae. Its genome is only about four times larger than that of E. coli and is probably the best understood eukaryotic genome. Yeasts may carry plasmids; their cell walls can readily be removed to introduce plasmids carrying engineered genes. As eukaryotic cells, yeasts may be more successful in expressing foreign eukaryotic genes than bacteria. Furthermore, yeasts are likely to continuously secrete the product. Because of all these factors, yeasts have become the workhorse of eukaryotic cells. Yeasts also have a psychological advantage in the marketplace. Bacteria and viruses are, unfairly, associated in the public’s mind with diseases, whereas yeasts have a much more benign image, thanks to their association with baking, brewing, and wine-making (Barton, 2000). Animal viruses have also been used in making engineered gene products, primarily in the field of vaccine production. For example, scientists have been able to insert genes for the surface proteins of pathogenic microbes into the generally harmless vaccinia virus. The result is a sort of â€Å"sheep in wolf’s clothing,† a virus that has the external proteins of a pathogen but dies not cause disease. When an animal host is infected with the engineered virus, the host’s immune system recognizes these proteins as foreign and, in response, develops an immunity that can protect it against the actual pathogen. Because the vaccinia virus is unusually large and has room for several extra genes, a genetically engineered vaccinia virus might theoretically be used as a vaccine for several diseases simultaneously (Weaver, 2004). Mammalian cells in culture, even human cells, can be used much like bacteria to produce genetically engineered products. Scientists have developed effective methods for growing mammalian cells in culture as hosts for growing viruses. In genetic engineering, mammalian cells are often the best suited to make protein products for medical use; these products include hormones, lymphokines (which regulate cells of the immune system), and interferon (a natural antiviral substance that is also used to treat some cancers) (Anderson Diacumakos, 2001). While plant cells can also be grown in culture, altered by recombinant-DNA techniques, and then used to generate genetically engineered plants. Such plants may prove useful as sources of valuable plant products, such as alkaloids (the painkiller codeine, fro example) and the isoprenoids that are the basis of synthetic rubber.

Wednesday, August 21, 2019

Enabling Learning and Assessment Essay Example for Free

Enabling Learning and Assessment Essay 1. The purposes of assessment Assessment is the process of evaluating an individual’s learning. It involves generating and collecting evidence of a learner’s attainment of knowledge and skills and judging that evidence against defined standards. Tummons suggested that: ‘With assessment we can: * Find out if learning has taken place; * Diagnose learners needs; * Provide public acknowledgment and certification of learning * Allow processes of selection to be carried out; * Provide way to evaluate learning programmes; * Motivate and encourage learners.’ Tummons (2009:5) Written justification of assessment methods I have chosen to do Holding and aiming in the prone position, I would do this by getting the SUT in the tramline formation. This is where they will number off in pairs, so all the No.1’s on one side of the room whilst all the No.2’s are on the other side of the room. I will get the No.1’s to conduct the drill when I give the word of command. The No.1’s will be ensuring they adopt the prone position correctly, going through the 9 key point check list and taking aim on the target. Whilst this is happening the No.2’s will be observing throughout looking for any mistakes. Once the No.1’s have completed the drill I will go down the line asking the No.2’s if they observed any mistakes. By doing this I am getting the SUT to give out peer assessment on the progress of his/hers drill on the weapon system as this can develop and motivate student. The student will also have their own self assessment; this is where the students are assessing their own progress  throughout the lesson. These methods encourage the SUT to make decisions about what has been learnt so far, and to reflect on aspects for further development. Once the No.1’s have completed the drill, the same process will happen with the No.2’s and the No.1’s looking and observing for any mistakes. Whilst all this is going on I will be looking for any mistakes as I watch from one end of the tramline formation, this is called tutor assessment and can help give feedback to the student to guide them on their strength and areas of development. This is also known as formative assessment so it can provide for me a continuous source of information about the students’ progress, improvement and problems encountered in the learning process, so I together we can develop their confidence and competence on the weapon system. 2. Practical assessment a) Aim The aim of a practical assessment in a classroom environment is to ensure that when handling a weapon system that the necessary measures and safety precaution is carried out correctly and sufficiently. It is my aim to make sure that the SUT carry out the drills correctly, if however people are struggling to adapt to the new drills then it’s up to me the instructor to change my approach to the individual learning style. b) Reason for selecting practical learning assessment We use practical assessment in the army especially when teaching a particular subject like Skill at Arms to help us as a teacher to confirm that the SUT have understood the correct handling of the weapon. It’s not only a confirmation for the teacher but a confirmation for the individual that he/she has took on board the new skill and knowledge they have been taught in the lesson. During the lesson, when I have demonstrated a new drill, the SUT are required to imitate the drill whilst I explain and demonstrate it, taking it step by step. Once I am happy that the SUT have grasped the new drill, a confirmation is done to ensure that the SUT understands the new  weapon drill. This will be done when I give the word of command and the SUT carrying out the drill without any help or guidance as I watch and observes for any mistakes that the SUT may do. In order for the SUT to use blank or live ammunition on exercise or on the ranges, they are required to pass a Weapon Handling Test (WHT) which is a critical practical assessment as it is part of their summative test and needs to be done twice a year. I will give a number of instructions which the SUT must complete correctly and confidently in order to pass. There is no time limit and they are allowed one mistake on each stage of the test. This assessment is to show that he/she has the knowledge and skill to handle the weapon with blank or live ammunition with confidence. For assessment of practical activities, the potential barriers should be considered and reasonable adjustments developed that meet the needs of the individual learner. Many of the adjustments for a practical assessment are similar to those of a written assessment. We must however be aware of the learners/individual learning styles as this will vary across each lesson we teach. If we look at Fleming understanding of learning styles which he used the terminology of VARK, he stated that people can be grouped into four styles of learning: * Visual – Seeing. * Aural – Listening and talking. * Read/Write – Reading and writing. * Kinaesthetic – Doing. (Gravells 2012:40) The SUT will come under one or more of these learning styles and as I have seen it in the past whilst teaching, I have to adapt as a teacher to accommodate to their preferred learning style which means I have to plan and break down my lesson to ensure all SUT get the full benefit of what is being taught to them. Sue Crowley of the IFL stated: Often new teachers teach as they were taught, then perhaps as they would like  to have been taught, and finally they realise different ways and a wider spectrum of teaching and learning approaches are needed and available. (Gravells 2012:40) A statement in which I agree upon as my thought process was similar but when teaching SUT it’s taught me to adapt my teaching skills to benefit the individuals so they can get the best outcome during the lesson. c) Conduct of the practical assessment The SUT will be assessed throughout the lesson and this can be done in many ways as it is classroom based, this will be an informal assessment. As the SUT reacts to the word of command for example; ‘For inspection port arms’ they are to carry out the necessary drill in which I will observe for mistakes. Observation is a good way to assess the skills, knowledge and attitudes of the SUT. When observing, it enables me to see how well the SUT are doing, letting them make mistakes as long as it is safe, especially when dealing with a weapon so they can learn from their own mistakes. Once the drill is complete I can ask each individual if they made any mistakes and give them self assessment, otherwise I can give negative or positive feedback to the SUT. Observation is good within our training establishment as it assess the SUT competence, skills and attitudes when dealing with a weapon and the observation can follow on with a question to check the knowledge and understanding. SUT training can be assessed in two other ways and they are called peer assessment and self assessment. For the instructor to see this happen, the students will pair up and work as a team. Whilst one SUT does the drill on the weapon whilst the other partner watches for mistakes, this is called peer assessment, but at the same time SUT who is carrying out the drill can self assess as he/she goes along. If the student was to carry out the Load, Ready, Unload drill, their partner can look in for any mistakes and as the instructor asks the observer from each team if there were any mistakes, this can be useful to develop and motivate the SUT. Peer assessments can be affective as SUT feedback is given skilfully, but other students may think more about what their peers have said than about what the instructor have said. 3. Question assessment a) Aim The aim of a question assessment is for the instructor to see if the SUT can demonstrate knowledge and understanding of the subject being taught to them. It also helps when asking a question to the SUT that they have to think about their answer. b) Conduct of a Question assessment During each lesson throughout the army, as an instructor we will always ask the SUT questions of the particular topic that we have been learning about before moving on to the next topic or next stage of the lesson. This is formal or informal assessment and is used to assess cognitive ability which can be used whenever the instructor wants to assess the knowledge and understanding of SUT. When giving a lesson on Skill at Arms, ‘Different combat position.’ The instructor will always give an explanation of why we do it and when to incorporate the positions for example, on the ranges or when we are on operational tour, followed by a demonstration. As the instructor has given the explanation and demonstration, we will go through the demonstration again whilst the SUT imitate you as you take them through step by step. Whilst doing this process we normally ask the SUT questions on the next stage of the movement, pausing for a second and then state the name of the learner who can answer. This way, all SUT is thinking about the answer as soon as you have posed the question, and is ready to speak if their name is asked. This assessment not only help the instructor to confirm that the individual or group know the answer but helps their peers to understand it as well. We also do oral written assessment, as this is part  of the minimum core, for example before I start the lesson I would ask the SUT to take out their note books and pens. I will ask them a number of questions in which they will write their answers in their note books which will be marked before the lesson take place. If for some reason some of the SUT get a few questions wrong I will ensure that I make a plan in the evening to go through the questions or drill in which they got incorrect so that they are at the same stage as all the other SUT. Asking questions to the SUT and for them responding in giving the answers back to the instructor is self assessment and peers assessment so that the SUT know what areas they are good at and what areas they need to work on. However it’s good for the tutor assessment to understand how the SUT progress is going by conducting these assessments. C)  Advantages| Disadvantages| Problems can be solved| SUT don’t know the answer| Question being answered| SUT can be put on the spot| Understanding people’s views and opinions| | Gives people a voice| | 4. Reflecting on how feedback has informed your learners’ progress and achievement Feedback is a vital part of the learners’ training at the army foundation college as it informs the SUT on their progress and achievement. To make sure it is effective it is important that we develop rapport, mutual respect and trust between the instructor and the SUT. During a Skill at Arms lesson it is important to give effective feedback as this informs the SUT on how well they are doing or on what areas they might need to work on. I try to give out the best feedback as I can to the SUT or the individual as I know this will help reassure, boost confidence, encourage, motivate and develop their knowledge, skills. It can help the SUT to maximize their potential and professional development at different stages of training, raise their awareness of strengths and areas for improvement, and identify actions to be  taken to improve their performance. 5. Reflecting on how feedback from others has informed your own professional practice On the 1st November 2012, I conducted a lesson on pain relief (Morphine) which was observed by an assessor. I felt that the lesson was well structured, planned and I got the key learning points across to the SUT. Once the lesson ended I sat down with my assessor and was given feedback on my lesson. The written feedback said this: The session had a clear and important content to communicate. This was achieved and checked by the test. A stronger introduction would set the scene and provide guidance to learners of what they had to do during the lesson. Focus on the test/know the purpose of the test. The conclusion could tell learners what to do with the test papers and how this will be an aide memoire. Test was very well created, covering all key learning and checking recall, understanding and application. It could be improved with clear guidance i.e. working individually without referring to their notes. As this was ‘assessment for learning’ as well as ‘assessment of learning’ learners could work individually, with a partner and finally as a whole group to get the answers/self assessment and check learning. You could get feedback on results from the test by asking those who got 100% to stand up – an energiser, positive motivation and a simple measure for you. This feedback has opened my eyes a lot clearer as I was more channelled to delivering a simple but constructed lesson. Just by delivering a stronger introduction can make the learner motivated to learn, which I didn’t realise until someone made it aware to me. It was a good motivation and energiser to hear from the assessor that the test paper was well created which gave me that sense of pride. However when it came to handing out the test paper, giving the SUT a certain amount of time to do it in and once they had completed it they would mark their own paper as I went along with the answers. Just from what the assessor has written in the feedback it can give  the learner self assessment and check their learning, so in future I will take more time on how I construct the test and how to mark it as this will give me a feedback on the progress of the SUT. 6. Reference List: * http://www.open.ac.uk/inclusiveteaching/pages/inclusive-teaching/barriers-to-learning.php Date accessed 8.11.12 * Tummons J – (2009) Assessing learning in the lifelong learning sector. Exeter: Learning Matters * Gravells A (2012) Preparing to teach in the lifelong learning sector. London: Learning Matters * www.faculty.londondeanery.ac.uk

Motivation n Second Language Learning

Motivation n Second Language Learning It is natural that students achieve differently in the same class, learning from the same teacher. How students learn and why they achieve differently has been a field of interest among many scholars, especially in the field of second language (L2) learning. Many studies have been conducted about the different factors that affect learner variables, both cognitively and affectively. On a general basis, there are mainly three factors that contribute to the individual differences in L2 learning experience: learning styles, learning strategies and affective variables; Motivation being one of the most important issues in affective variables. (Ehrman et all, 2003) According to Wigfield (1994), motivation is based on how much the individual expect to succeed and their value of their success. Gardner defined motivation as the combination of effort plus desire to achieve the goal (learning the language) and favorable attitudes towards it. (Gardner, 1985) Although the theories and researches c oncerned on motivation have never been free from criticism, it is generally agreed that motivation have great impacts and influences on individual learners. Based on the classification of different types of motivation, this essay aims to explore how it affects a students learning experience, particularly in L2 learning. This essay also provides some suggestions on teaching which might provide help to the formation of a positive motivation. The different types of motivation Theories and models of motivation began to appear in the 1950s, when Gardner and Lambert proposed the Socio-Educational model of language learning, which contained two types of motivation: integrative and instrumental. (Gardner Lambert, 1959). Such model laid the ground work for further research, being developed by following scholars. Deci and Ryan (1985) distinguished between intrinsic and extrinsic motivations; the motivation inside and outside the individual. And based on Skehans (1989) four hypothesis, Ellis (1994) categorized four types of motivation: integrative motivation, instrumental motivation, resultative motivation and motivation as intrinsic interest. (Ellis, 1994) While Lambert described integrative orientation as a sincere and personal interest in the people and culture represented by the other language group, (Lambert, 1974) Ellis (1994) emphasized that orientation and motivation are two concepts which need to be considered separately. While Orientation refers to the underlying reasons for studying an L2, i.e. the effort plus desire; motivation is the directed effort that learners make. (Ellis, 1994) In other words, integrative motivation is the desire for students to want to become part of a speech community, an important aspect of which is using the target language for social interaction. Immigrants are usually examples of people with high integrative motivations. Integrative motivation is normally considered oppose to instrumental motivation, and often believed to be more powerful in its effects than the latter. Gardner and Lambert studied English speakers learning French in Quebec and argued that integrative motivation led to greater suc cess in L2 learning. (Gardner and Lambert, 1959) Instrumental motivation developed from Skehans (1989) The Carrot and Stick Hypothesis, which originally implies external influences and incentives. (Ellis, 1994) Different from integrative motivation, which appears to be less achievable and requires longer time as well as effort; instrumental motivation is more centered on concrete goals such as a job, diploma, or the ability to read academic articles. This form of motivation is thought to be less likely to lead to overall success than integrative motivation, as the ultimate goal is more feasible. Rewards could also be seen as an instrumental motivation, which could aid the learning process to some extent. Gardner and MacIntyre (1991) reported a study for a vocabulary task in which the group of students who were offered awards did significantly better than the comparable group, although the positive effects decreased as soon as the reward stops. Generally, the effects of instrumental motivation tend to maintain for a shorter time per iod. Unless the individual pushes himself further by setting up new goals, the effect ends as soon as the goal is achieved. Despite the differences in integrative and instrumental motivation, some (Muchnick Wolfe, 1982) argued that it is impossible to separate the two in certain occasions, when students have strong motivations for both. (cited from Ellis, 1994) Resultative motivation is concerned with the relationship between motivation and achievement, which Ellis (1994) identified as interactive. Learners motivation is strongly affected by their achievement. Students who perform well in classrooms are more likely to gain confidence and to be more willing to participate. However, Gardner, Smythe and Clement (1979); suggested that while greater motivation and attitudes lead to better learning, the converse is not true (Cited from Ellis, 1994). But the vicious circle of low motivation = low achievement = lower motivation could always develop. (Ellis, 1994) Interest is a powerful psychology tool in receiving attention from students and urging them to make efforts. There are various ways that teachers could help students to develop their intrinsic interest motivation, such as welcoming students with a big smile, or introducing new activities into the classroom. The effects of motivation From the psychological perspective, motivation could also be categorized as positive and negative motivation. Positive motivation means an optimism and upbeat response towards the tasks being assigned to. Negative motivation implies unwillingness and is often companied with anxiety. Nearly all students will experience both positive and negative motivation in some level of their studies; therefore, it is important for them to understand that both positive and negative motivations could be helpful or harmful. Positive motivation It is generally believed that positive motivation leads to better results in the learning process. Students who enjoy learning a L2 or have a clear aim tend to work harder that those who have no interest. However, one of the limitations of the studies in motivation is that the main tool is normally questionnaires, which has questionably validity. There is always the possibility that students would write down what the teacher hopes them to, or what makes them look good, even if the questionnaire is confidential. Also, motivation is different from the actual effort that people make. A student could be highly-motivated judging from his questionnaire but might not have made any efforts in his studies. (Ellis, 1994) In terms of the learning process, motivation itself is not enough. It is just an urge which pushes the student work harder, which means nothing if not taken action. Adoring the teacher and enjoying the class does not necessarily imply that the student understood what he should have learned. Also, motivation is quite changeable; making it difficult to measure which against time and persistence. Besides, a positive attitude might lead students to be overly relaxed or improperly prepared and perform worse than they could have. There is a thin line between confident and arrogance. Negative motivation Negative motivation is normally associated with anxiety, unsatisfactory performance and low achievement. But it might not necessarily be like that for every one. Oller and Perkins suggested that negative motivation might be more powerful to some learners in motivating them to excel, which they referred to as Machiavellian Motivation. (Oller Perkins, 1978) I recall a similar situation from my own learning experience. When I was studying English in primary school, one of the strongest motivations that drove me to work harder was a Korean girl who used to make fun of me. I had the urge to show her that I was capable of learning the language. Although Machiavellian Motivation did not always work that way. I did not like my French teacher when I was studying French as a L2 in my university. But I was never intrigued by the idea of working hard and proving to her that I could manage to learn the language properly. Instead, I got trapped between Elliss vicious circle of low motivation = lo w achievement = lower motivation. (Ellis, 1994) Supposable Machiavellian Motivation is more likely to domain when the imaginary opponent is of the similar level. When the opponent is far more advanced than the learner himself, the idea to conquer would not easily arise, although there could always be exceptions. The formation of a positive motivation Although negative motivation may lead to positive results in the learning process, Machiavellian Motivation is quite risky which might not be suitable for all learners as well. It is generally more simple and beneficial to form a positive attitude when learning an L2. As Pintrich and Schunk (1996) indicated, motivation depends greatly on context, the people involved and specific circumstances. (cited from Ehrman et all, 2003) Motivation is never a fixed dimension; teachers could always help students to form positive motivations. Not all L2 learners have the opportunity to be integrated in a country where the target language is used as L1. However, there are other methods which teachers could use to help students form integrative motivation, such as introducing the culture, using authentic reading material, or asking students to watch foreign movies in the target language. One of the methods that my English teacher used when I was in primary school was asking us to write letters to our American pen pals. We were all deeply engaged in the activity and highly motivated by the desire to communicate with our friends on the other side of the world. Teachers could help their students to form instrumental motivation by setting up clear goals and aims. There could be little steps for beginners, and gradually help students to form the habit of setting up goals for themselves. Realistic and feasible short term goals are very helpful to students in finding their weakness and knowing where they want to be. Teachers could also encourage students to set up long term goals and set up study journals to record their progress. Motivation is always closely linked with performance. To avoid the vicious circle of low motivation = low achievement = lower motivation, (Ellis, 1994) it is necessary to form a positive motivation towards all learning process. In helping students to form a positive resultative motivation, teachers should always consider the difficult of tasks. Students could easily be depressed by their work and put in less effort or all effort when they have decided that it is too difficult for them. The instructions should also be clear so that they would understand what they are expected to do. The tasks should be deigned to suit the demand of the majority of the class, within their cognitive ability and slightly out of their reach so that they would make an effort to accomplish it. Also, how to give feedback and what type of feedback should be given to students is another important issue. An assignment all in red marks would easily discourage anyone. What the teachers could do, particularly for writing class is to have one focus each week such as future tense or pronouns and only look for mistakes in the specified area. The errors could be marked by letters or underlined and ask the students to correct them by himself. Teachers need to understand that errors are inevitable in the learning process and actually a sign that learning is taking place. (Broughton et all, 1980) In SLA theories, error analysis (EA) is a technique which aims to describe and explain the systematic nature of errors generated in the learners language which was established in the 1970s by Stephen Pit Corder. (Corder, 1967) The errors that people make reveal patterns of L2 language development and the differences between L1 and L2 acquisition. Errors provide valuable feedback to both teachers and learners regarding learner strategies and the learning progress; help the teachers to understand the students level and reflect on their own teaching methodology. They also indicate whether the students are rea dy to further their studies. Moreover, errors provide insights into the nature of SLA process. As mentioned before, interest is a powerful tool in L2 learning. To start with, teachers should always try to create a comfortable atmosphere within the classroom. A teacher with a good personality, someone who is adored by the students could make the class much more enjoyable. To boost students interest, teachers could always being new activities into the classroom. Task based learning combined with stories and games would easily attract young learners. For more advanced learners, teachers could occasionally bring culture and drama into the classroom for a change. Also, according to a study by Bachman (1964), students are more motivated when are involved in decision-making, which lead to overall productivity. (Cited from Ellis, 1994) As indicated, students will show more interest in their studies when they feel that they have made decisions. Consequently, teachers could ask for the students opinions to decide on a particular subject for their assignments. Group work also has signifi cant values in increasing students interests, providing with the students an opportunity to interact with each other and share their opinions. Small group tasks are particularly motivating as the students know that their peers are working towards the same project. (DÃ ¶rnyei, 2001) By working cooperatively, students will be urged to perform better, being a representative of their own group. Conclusions As how motivation works and the effects of motivation differ among each individual, also being influenced by many variables, the studies regarding motivation have never been free from criticism, including its classification. However, the impact and value of motivation is generally impossible to ignore. Although both positive and negative motivation could lead to higher achievement in L2 learning, students should be encouraged to form positive motivations as it is more likely to encourage success than Machiavellian Motivation. (Oller Perkins, 1978) Motivation is not an unchangeable domain; teachers could help students form motivation in all of the four categorizes identified by Ellis: integrative motivation, instrumental motivation, resultative motivation and motivation as intrinsic interest. (Ellis, 1994) Also, it is important for students to learn to control their motivation and use it in an active way; to maintain longer motivation for greater success. (Word Count: 2310)

Tuesday, August 20, 2019

Method :: essays research papers

Method Participants   Ã‚  Ã‚  Ã‚  Ã‚  There were 32 (22 female and 10 male) participants in this word recall experiment. Participants were of traditional and nontraditional college-age. The participants were from various academic majors; however, all participants were currently enrolled in one of three sections of an experimental psychology course. All of the experimental psychology students taking part in this experiment had previously completed a course in general psychology and psychological statistics earning a grade of â€Å"C† or better. The participants took part in the experiment as a learning experience for the class. Materials   Ã‚  Ã‚  Ã‚  Ã‚  The experiment took place in a traditional classroom setting. Participants sat at one of three long tables, positioned in a u-shape, facing the front of the room. There was also a row of smaller desks behind the tables in which participants could sit. The experimenter used a series of 24 PowerPoint slides, which informed the participants of their role in the experiment. Consent forms were passed out to each participant. The consent form described how the experiment was not mandatory; therefore anyone wishing not to participate could simply return their consent form and exit the room. Additionally, number â€Å"2† pencils were given to any participant who did not have one of their own.   Ã‚  Ã‚  Ã‚  Ã‚  A Gateway 2000 (E-1000) computer equipped with Microsoft PowerPoint was used to generate the slides. The slides were displayed on a Gateway 2000 35’ diagonal color computer monitor. The monitor was placed on top of a portable TV stand, positioned in the front of the room. Thirty words were used on the presentation slide. Fifteen of the words used were concrete words such as cat, string, and butter. The other fifteen words used were abstract words like pride, honor, and truth. The words on the presentation slide were set up into 3 columns of 10 words, each alternating between concrete and abstract. The words on the slides were white with a black background to ensure that all participants could easily view the slides. Arial font with a 32-point size was used. All text was in upper case letters, also for easier viewing.   Ã‚  Ã‚  Ã‚  Ã‚  The concrete and abstract words were chosen from a list of 925 words featured in Pavio, Yuille & Madigan (1968). The concreteness of all 925 words had been determined by asking subjects to rate the words on a likert scale of (1-7) (1= not very concrete, 7 = very concrete). The concrete words were composed of words with a concreteness value â€Å"C† of 6.

Monday, August 19, 2019

Diagnostic Tests for Agents of Community- Acquired Pneumonia Essay

Worldwide, lower respiratory tract infections are the major cause of death due to an infectious disease. Community-acquired pneumonia (CAP) is possibly the most important infectious disease that is encountered in clinical practice. Most forms of community-acquired pneumonia (CAP) are treatable. There is consensus that the selection of antimicrobial agents is notably simplified if the pathogen is defined. This article will focus on how aetiological tests can be used to guide antibiotic therapy in adult patients with CAP. The role of aetiological testing for antimicrobial therapy in CAP A major role of aetiological testing in CAP is to enable the use of pathogen-directed therapy, and thus reduce the use of broad-spectrum antibiotics and improve the outcome in patients. It has been suggested that the antibiotic therapy should be started within 4 h of hospital admission [4, 8], hence rapid tests with a shorter analysis time can be used to influence the choice of first-line antibiotic therapy. Rapid tests include, sputum gram strain, urinary antigen tests, and real-time PCR for respiratory pathogens. Less rapid tests, such as cultures, conventional PCR for respiratory pathogens, and serology, may provide useful information that may support ongoing antibiotic therapy, support narrowing of broad-spectrum therapy, and support therapy changes in case of treatment failure [3]. Culture of blood and respiratory specimens may be important for the identification of unexpected or uncommon CAP aetiologies that the empirical treatment does not cover for, e.g., Pseudomonas spp., methicillin-resistant S. aureus, and other highly resistant pathogens. Culture remains a cornerstone of the diagnostic techniques, as it can provide information abou... ...ing to the BTS and Swedish guidelines [7,8]. Suggested strategy for diagnostic testing A strategy for diagnostic testing in hospitalized CAP patients is presented in Table 3. It is based on disease severity and presence/absence of prior antibiotic therapy. Conclusion In order to cure CAP patients without causing unnecessary side effects and without contributing to the development of antibiotic resistance, antibiotic therapy should be carefully selected. Although patients with severe CAP should be treated with broad-spectrum antibiotics, patients with non-severe CAP should preferably receive pathogen-directed therapy. While rapid aetiological tests may be useful for targeting initial pathogen-directed therapy, non-rapid tests may support switch from broad- to narrow-spectrum antibiotic therapy and support therapy changes in the case of treatment failure.

Sunday, August 18, 2019

stem cell :: essays research papers

Stem Cell Research One of the most popular clinical studies being researched these days is stem cell transplantation. Until recently, moral issues of states and countries haven't allowed research to expound deeply into the unknowns. Within the last ten years though, scientists have made leaps and bounds in finding out concrete facts that this stem cell research has supplied. Tommy G. Thompson, Secretary of Health Services states, "I believe it will open up a world of opportunity for scientists, not only at the NIH, but elsewhere, because it demonstrates a cooperative atmosphere among academia, the private sector, and government that will allow us to move ahead" ("sign stem"1). New ways of conducting stem cell research have made the healing and repairing treatment for many diverse applications. To prove their point, scientists have broken down the basic facts of their studies throughout the last ten years. Embryonic stem cell transplantation is a related course of cells that are in charge of certain functions and systems of the body. The cells used in the transplantation process are contrived from "cryopreserved suspensions" from the fetal liver, thymus, bone marrow, spleen, brain, and the pancreas. Introducing these cells to the body can be approached in different ways. The first step taken is engrafting or multiplying cells in the affected area. These cells will then supplement missing or declining cells and replace/repair missing functions of the body. Production then commences with considerable amounts of biologically active substances such as nerve growth factor, tumor necrosis factor and interleukins etc. When these cells have been transplanted, they are capable of migrating, establishing intercellular links and responding to various effects. However, becaus e of their immature transplantation to the human body, these cells cause a weaker immune response than mature cells. Alexander Smikodub, a doctor of Medical Science at the National Medical University states, "cells that we use are not considered by the immune system of the recipient as foreign, therefore, they can survive, multiply, and develop full function in the body of a new host" Smikodub). These cells can then survive and multiply, capable of lasting for months and years in the body of the recipient. In the areas where tissue or organs have been damaged or lost, they substitute the lack of functional activities. These cells can also produce new generations of cells that are needed by the patient. When strategically placed, they can support, restore and replace the functions of their specialization in the body.

Saturday, August 17, 2019

How does Edger Allan Poe Use Language to Create a Sense of Drama Intention Essay

â€Å"The Tell Tail Heart,† by Edger Allan Poe, is a novel in which tension and expectation play essential roles to the reader’s experience. The audience, generally well educated widely read adults, would appreciate this novel as a recollection of a clearly insane man. In order to â€Å"tell you the whole story†Ã¢â‚¬Ëœ Poe has written somewhat of an early psychological thriller, creating a mental portrait of a mad protagonist, who details the killing of an old man, and later hears his victims ‘relentless heartbeat.’ The opening sets up a contrast of sanity versus insanity, creating a psychological chaos that enraptures the reader. Drama intention is portrayed through a variety of ways, all working cohesively with one another to create an over all sense of embossed insanity and powerful emotion. The way in which the opening is written gives the reader an immediate clue to the mental state of the protagonist. The very first line; â€Å"True! – nervous – very dreadfully nervous I had been and am; but why will you say that I am mad?† uses all three tenses within one shortened period. This reflects the narrator’s excitement, suggesting that his mind is jittery, jumping about with different thoughts and ideas. An elevated use of punctuation reinforces this effect, as it means the text does not flow, creating sentence fragmentation, allowing the reader to comprehend the elevated mental state of the protagonist. It is not yet made clear to the reader as to why the narrator is excited in this manner, he appears to be worked up about something, causing the reader to grow curious and excited themselves about the prospect of finding out what is causing his fuss. Poe has used the tactic of withholding information strongly within the first paragraph, causing the monologue to become somewhat of a gradual revelation. This allows Poe to hold the reader in suspense, consequentially creating a heightened level of dramatic tension. Written in a first person narrative, it is made very clear that the monologue is of the form of a speech to the reader. This effect is achieved by the extensive use of punctuation and colloquial terminology. As it is a monologue, there is a suggestion or effect that he is confessing his thoughts to the reader. This means that the piece is almost as if we can see into the mind of the protagonist. Allowing the reader to see a unique view of the thoughts and feelings of another. The form of the text is not over zealous or important, however the contrast of the content and the form is very clear. The piece is written in standard, respectable paragraphed prose, contrasting the disturbing and gruesome content of the novel. The language employed, and the literary devices it is used within, is the primary way in which Poe has succeeded in creating this suspenseful piece. Punctuation is used to great effect, embellishing the sentences to create the narrative confession of the protagonist. Extensive use of exclamation marks, hyphens, and semi colons are all relied upon to create sentence fragments and colloquial, broken text. The reader is given an immediate sense of excitement and instability; in â€Å"True! – nervous- very very dreadfully nervous.† This suggests that the protagonist is jumpy and in a chaotic mental state. As an opening this proves to be attention gauging, as the reader is unaware of the motive for excitement. This is extended throughout by a heightened use of fragmentation through hyphens. The line, â€Å"Sharpened my senses – not destroyed – not dulled them† reiterates the form of a monologue, reinforcing the idea of speech to the reader, using the sentence fragment as a chance to find some self affirmation. Therefore the reader is allowed to see the within the mind of the criminal, giving them a unique insight to the way he thinks – allowing greater involvement and understanding from the reader. This is an unlikely experience as the protagonist shows signs of mental instability and therefore would create a very interesting subject for the reader to asses from a psychological point of view. An extensive vocabulary and heightened lexis is employed throughout the piece, suggesting that the piece is aimed at the well educated adult. The majority of the novel is comprised of Standard English, with a small number of colloquialisms spread throughout, allowing the protagonist to appear both educated and well-spoken. This creates an interesting contrast to his actions, as it is not the norm to have well educated, (supposedly well judged and reasoned) people committing a very irrational act such as murder. The monologue is written in the form of a conventional novel, but primarily in the form of a narrative first person. Hints of confession to the audience are found, intertwined with the use of direct address, with colloquial terms such as â€Å"Ha!† and the use of rhetorical questions, for example â€Å"why will you say that I am mad?† Poe has used these devices to thoroughly involve the audience within the piece. The result of this is that the reader is manipulated to feel like part of the story and therefore feel the tension created at a greater effect. Poe has employed various forms of imagery within the piece. He describes that the â€Å"hinges creaked† on the old wooden door. This is a little clichà ¯Ã‚ ¿Ã‚ ½d however acts very successfully in creating a picture within the mind of the reader. This is done by almost sub-consciously relating back to children’s stories, where an old creaking door would make the entrance to a spooky castle in which an evil witch lived. This very definite image of the eerie or spooky, reinforces that the novel is somewhat of a refined horror. Creaking doors are often used to create a dramatic atmosphere, and Poe has clearly played on this link and used it to his advantage to create a scary situation for the reader. Animal imagery, coupled with an extended metaphor is also used to great effect. It is suggested that the old man that is to be killed is in possession of an â€Å"evil eye.† This eye becomes the protagonist’s excuse for killing the man, and so it is capitalised upon as a reason. This develops into an extended metaphor when it is referred to as a â€Å"vulture eye† and later, it is suggested that his eye â€Å"resembled that of a vulture.† A vulture is an animal commonly associated with evil and malice. This provokes a similar reaction or opinion of the old man from the narrator, however the reader is still left considering the sanity of the protagonist, and therefore is more reluctant to hold the same opinion as him over the justification of killing the old man. The irrational killing about to happen is used to put the reader on edge, creating intense suspension and a heightened expectation of the approaching events. Clichà ¯Ã‚ ¿Ã‚ ½s provide an interesting platform on which Poe entertains the reader. â€Å"My blood ran cold,† provides a very clear sense of the emotional situation of the protagonist. This allows us to observe the effect that the eye has on the narrator. â€Å"Blood ran cold† suggests fear and apprehension, as this is a very human emotion, the reader has a rare chance to sympathise with the protagonist. This is somewhat ironic as the narrator is very far from the stereotypical hero, and yet the reader is ready to find an appealing quality in the character. In order to interpret the piece properly the reader must pay close attention to both the syntax and the repetition of language, used conjunctively to create a dramatic effect. â€Å"Object there was none, passion there was none† is a primary example. The repetition of â€Å"none† creates a very distinctive rhythm, whilst the double use of five syllable sentence fragments forms a very recognisable syntax. In this case it creates a sense of ruthlessness and suggests that the protagonist will stop at nothing in order to achieve his goal. Repetition of â€Å"closed† in â€Å"closed closed† creates emphasis on the words, displaying to the reader his self affirmation that his actions are good. This is reinforced by the use of â€Å"oh so cunningly† making it clear that (in his opinion) he is very skilled at what he is doing, and consequentially commending his efforts. This is further enhanced by the narrator’s egocentricity. Use of â€Å"I† is extensive throughout, (which is partially natural during a monologue) however, it is used to such an extent that the reader is led to believe that the protagonist is almost obsessed with himself and his own actions, reiterating the previous suggestion of psychological instability. The author has included various forms of irony within the novel. The narrator is seen â€Å"inquiring how he (the old man) had passed the night† – explaining how he asks the old man how his night was even though he already knows, seen as he was there and watching him in his sleep. This involves the reader as they feel as if they are let in on a secret (seen as they know that the narrator was with the man last night) making the reader feel involved as they are aware of a secret of which another character is not – raising tension and expectation. Further use of direct address to the reader, is that narrator suggests to the reader that â€Å"you fancy me mad.† This forces audience intervention, we are expected to assume, or are at least are accused of assumption that the narrator is mad. This means that the audience are forced to participate, further involving the reader within the story. By this statement Poe has grouped the reader with the rest of the characters within the novel, suggesting they are a collective of people who doubt his sanity. This is in fact true as the protagonist is clearly insane. Syntax plays a key role in the way in which this novel is read. It is clearly set, and easily recognisable throughout the text, varying in both tempo and patterning. Definite patterns in language are used; â€Å"I heard all things in the heaven and in the earth. I heard many things in hell.† creating a very obvious rhythm in which the words are read, also further enforcing the very bleak and ruthless appearance to his actions. â€Å"The Tell-Tale Heart,† a horror story of crime and murder, can easily be recognised as a heavily dramatic novel. Poe, In consequence to the timing in which it was written, has created a strongly macabre piece, that in its day was probably very horrific and shocking. The way in which society has adapted to accept more and more gruesome revelations means that this tale may not be so shocking to the modern day reader, but was quite a feat in its time. It is however, still evident that the novel, in particular the opening, contains many devices employed in conjunction with one another to create a sense of drama intention. This is used to great effect, causing the reader to appreciate the dramatics of the novel, whilst becoming deeply involved with the plot.