The Objective of Total Quality Management Essay -- Total Quality Manag

The Objective of Total Quality Management Total Quality Management(TQM) is an organisational process that actively involves every function and every employee in satisfying customers needs, both internal and external. TQM works by continuously improving all aspect of work through structured control, improvement and planning activities that are carried out in concern with guiding ideology that focuses on Quality and Customer Satisfaction as the top priorities. There has been many arguments that TQM succeeds only by incorporating a concern about quality for the customers throughout the organisation. The truth of this statement and those facts that disagree with this statement will be look into and discuss in more detail to achieve the success of TQM. TQM recognises that the Customer is at the center of every activity. The customer may be external or internal. The key is to determine the gap between what the customer needs and what the system delivers. Once the gap is recognised, it would be systematically reduced and results in never-ending improvement in customer satisfaction at every level. TQM depends on and creates a culture in an organisation which involves everybody in quality improvement. Everyone in the company can affect quality but must first realise this factor and have the techniques and tools which are appropriate for improving quality. Thus TQM includes the marketing and dissemination of quality and methods not only within the organisation and customers but also to suppliers and other partners. The general view to achieve success in TQM could be summarised as below: Quality as strength Quality in all processes The importance of management The involvement, commitment and responsibility of everybody Continuous improvement Zero defects Focus on prevention rather than inspection Meeting the needs of target customers Recovery Benchmarking A prerequisite for successful quality improvement is first, to understand how quality is perceived and valued by customers. 4 ‘Q' Design Quality Technical Quality Production Quality Delivery Quality Functional Quality Relational Quality Image Experiences Expectation Customer Perceived Quality ... ...ccess. Ownership and the Elements of Self-Management Total quality programmes are founded on the principal that people want to own the problems, the process, the solution and ultimately the success associated with the quality improvement. Psychologically, the ownership advocated by TQM ties in the development in organisational design away from traditional models of imposing management control over employees' behaviour. Recognition and Rewards TQM system considers the rewards and recognition to be critical to a company's programme, particularly when greater involvement of staff is required. Positive reinforcement through recognition and rewards is essential to maintain achievement and continuous improvement through participative problem-solving projects. The Quality Delivery Process TQM is not just the awareness of quality for the customers. It demands the implementation of a new system. Finally, the main objective of TQM may put the customer at the center of every activity and consider the process as customer driven, but all other factors which do not involve the customers have to be taken into consideration for the successful implementation of TQM.

People Today Move to New Cities Essay

People today move to new cities or new countries more then ever before.what challenges do they experience ?what strateges are there to meet these challenges? Moving to a new place, either within a country or overseas, is a very hard situation. One must take several considerations before leaving the home where a person grew and live for many years. People who are planning to relocate should know the big challenges ahead and they must also learn to take note of the strategies in facing these upcoming changes. Humankind has many reasons for leaving their hometown and trying to mix and mingle with other races. Most if them will move temporarily for the sake of their career, for them to be able to gain new experiences, to search for a high paying job or simply for promotion. While others relocate permanently to be with their husband and wife. Some search for a new place to live in just to try different locations and environment. Most of the expatriates claimed that they had a hard time adapting to a new world. It is not really that easy to move away from one’s family and work without knowing how long one would stay far away from home. One of the big challenges in these kind of situation is homesickness. The family is celebrating a simple event and friends are having their new routines without one’s presence. Having a phone call is becoming hard for them, making the separated loved one sad and lonely. Another thing to take in consider is the location of the new soon to be haven. If it is safe, as well as the people and environment that surrounds it. If there will be a near department stores, groceries, bank and other daily things to be needed. Before moving to a different site, one must first search for the specific details of that place. Like for example, the cost of living, a person might not want to be surprise with a high cost of living, especially to those who have kids. Furthermore, to a career-oriented ones, they should know if the city or a country has a good economy for them to anticipate a good pay. As well as learning in advance the culture of the place in order for them to avoid culture shock and deal with it easily. relocating to a new world is a bad idea to some people. So, a person must be prepared to face the major changes and open-mindedly accept the inevitable challenges to make a successful transfer.

Law Cases Of Insider Trading In Multinational Corporations Finance Essay - Free Essay Example

Sample details Pages: 8 Words: 2355 Downloads: 6 Date added: 2017/06/26 Category Finance Essay Type Argumentative essay Did you like this example? Insider trading is buying or selling corporate stock by a corporate officer or other insider on the basis of information that has not been made public and is supposed to remain confidential Who are insider traders? Corporate officers, directors, and employees who traded the corporations securities after learning of significant, confidential corporate developments. Friends, business associates, family members, and other types of such officers, directors, and employees, who traded the securities after receiving such information. Don’t waste time! Our writers will create an original "Law Cases Of Insider Trading In Multinational Corporations Finance Essay" essay for you Create order Why forbid insider trading? The prevention of insider trading is widely treated as an important function of securities regulation. In order to make sense of insider trading, we must have basic understanding of markets, prices and role of markets in the economy. Insider trading appears unfair, especially to speculators outside a company who face difficult competition in the form of insider trading. Who is Insider is defined under the SEBI Prohibition of Insider Trading regulation (SEC 2 (e)) Insider is the person who is connected with the company, who could have the unpublished price sensitive information or receive the information from somebody in the company. Who can be a connected person? For the purpose this definition, words connected person shall any person who is a connected person six months prior to an act of insider trading It could be director of the company ,or is deemed to be a director of the by virtue of sub-clause(10) of section 307 of the companies act 1956 He /She could be officer or professional of the company or holding a business relationship with the company. Any person having UPPI from the any subsidiary or group company is also stated to be the connected person. Connected person can also be from intermediaries like stock exchange, Merchant Bank, Transfer agent, debenture trustee, Bankers relatives of promoter or of BOD. What is price sensitive information? The Price sensitive information is defined in Regulation 2(h) (a) of the prohibition of Insider Trading. It means any information which relates directly or indirectly with the company which if published is likely to materially affect the prices of the securities of the company. The information which is deemed to be price sensitive is like- Periodical financial results Intended declaration of the dividends(both Interim Final) Issue of securities or buy -back of securities Any major expansion plans or execution of new projects. Amalgamation mergers or takeovers. Any significant changes in policies, plans or operations of the company. CASE 1: INFOSYS Background of the Case Infosys is an information technology Services Company headquartered inÂÂ  Bangalore, India. Infosys is one of the largest IT companies in India with 122,468 employees (including subsidiaries) as of 2010.ÂÂ  It has offices in 33 countries and development centers in India, China, Australia, UK and Canada. This case is regarding a technical violation of Companys insider trading rules by its CEO Kris Gopalakrishnan and an independent director Jeffrey Lehman and the Company imposing a fine on both of them. Course of Action Below listed are some of the extracts from the Infosys Code of Conduct against violation of Insider Trading Rules: In the normal course of business- officers, directors, employees, agents and consultants of the company may come into possession of significant sensitive information. This information is the property of the Company- you have been entrusted with it. You may not tip from it by buying or selling securities yourself. Further you are not to tip others to enable them to profit or from them to profit on your behalf. Insider traders must disgorge any profits made and are often subjected to an injunction against future violations. If there is a change in the shareholding pattern of an employee, he/she has to notify this change to the company within one business day. Finally, insider traders may be subjected to civil liability in private lawsuits. Mr. Gopalakrishnan had actually inherited 12800 equity shares of Infosys from his mother on December 24, 2007. But he inadvertently failed to notify the company about this inheritance of shares within one business day after the change in his shareholding. This, according to the company, constituted a violation of its insider trading rules. On the other hand, Mr. Lehman was found guilty for failure to correctly follow the procedure on sale of shares. Case Status ÂÂ  Infosys audit committee believed that Mr. Gopalakrishnan had no intention of contravening the rules and imposed the penalty of Rs 5 lakh and directed him to donate the amount to a charitable organization of his choice. Mr. Gopalakrishnan has made the donation. Mr. Lehman was also imposed a penalty of $2,000 and that amount, too, has been given to charity. The case is finally closed. References https://articles.economictimes.indiatimes.com/ https://www.infosys.com/investors/corporate-governance/Documents/CodeofConduct.pdf CASE 2: WOCKHARDT CASE Background of the Case Wockhardt is a global, pharmaceutical and biotechnology company. Wockhardt has a growing presence in worlds leading markets like Europe and the United States. It has been a significant player in global biopharmaceuticals market. The case is regarding the former CFO of Workhardt, Mr. Rajiv Gandhi, who had been alleged to have traded in the companys shares on the basis of some insider information which was till then unpublished. It was supposedly reported that he along with his wife and his sister together traded in the companys shares on some insider information. Its the first in Indian corporate history that a company CFO has been charged and indicted of insider trading. Course of Action Rajiv Gandhi (appellant 1) is a Wockhardt Board Member as well as CFO of the company. He is primarily responsible for making financial reports like (balance sheets) for the company. He is a Wockhardt employee since 10 years. As per the SEBI regulations, every company is supposed to prepare its unaudited financial results on a quarterly basis and update it within one month from the end of the quarter to the respective stock exchanges. On 21st January, 1999, at 5 p.m. a meeting of the board of directors of the company was held to consider the quarterly financial results for the quarter ending 31st December, 1998. The financial results were announced on 22nd January, 1999 pre-trading and along with it an interim dividend @ 35% was declared. Wockhardts financial results actually showed a negative performance of the company for the December quarter. This information was somehow leaked and known by Gandhis wife Sandhya (appellant 2) and his sister Amishi (appellant 3). Sandhya and Amishi Gandhi traded on the companys shares multiple times during the entire year on the basis of some or the other Company information which they used to receive via Rajiv Gandhi. Below is the transaction history of Sandhya and Amishi Gandhi. 21/01/1999: Company board meeting was to be held at 5pm; they both together sold 2100 shares of Wockhardt at 2:37 pm and 2:42 pm. 22/01/1999: Company declares financial results and interim dividend pre-trading. Amishi and Sandhya Gandhi sold 1500 shares of Wockhardt at 9:59 am and 10:04 am. 21/04/1999: Amishi Gandhi sold another 2300 shares of Wockhardt at 10:16 am. 22/04/1999: Announcement of Companys financial results as well as a decision of demerger of the business was going to take place at 11:30 am. Amishi Gandhi sold another 1200 shares of the Company at 11:33 am. 23/04/1999: Due to demerger news, the share prices had fallen. Amishi again purchased the companys shares at an average rate at 10:08 am. The above transa ctions clearly proved that the appellants used to trade in the Companys shares as and when they used to get some or the other financial or non-financial information of the Company. As they used to get this information of the company from an insider (Rajiv Gandhi) and they used to trade on that information, they were alleged to be guilty of Insider trading. Case Status SEB I imposed a monetary penalty of Rs. 5 lakh under Section 15T of the Securities and Exchange Board of India Act, 1992 on Gandhi and then case was closed. References www.bloomberg.com www.sebi.gov.in https://economictimes.indiatimes.com/ www.indiakanoon.org CASE 3 :ORACLE CASE Background of the Case This case is all about Christopher M. Balkenhol, the trader misused confidential information gleaned from spouse, who was lead executive assistant to Oracles CEO and Co-presidents.SEC Charges Former Oracle Vice President with Illegal Insider Trading in Stocks of Oracle Acquisition Targets. This case adds to a growing list of recent enforcement actions against corporate employees and securities industry professionals for trading on information about upcoming corporate transactions that they knew to be confidential. Course of Action Christopher Balkenhol, 40, of San Mateo California, learned about secret merger negotiations from his wife, who worked at Oracle as the lead executive assistant to Oracles CEO and two co-Presidents. Balkenhol used information from his wife to buy shares of two companies Retek and Siebel Systems before Oracle made public its plans to buy those companies. Series of insider trading by Balkenhol Relating to Retek- Balkenhol first engaged in insider trading around March of 2005, when he began buying shares of Retek, eventually purchasing $85,000 worth of the Minneapolis-based software firms shares, according to the SEC. The first purchases came just a day after Oracle executives first discussed making an offer for Retek. A week later, Oracle went public with a tender offer for Retek that caused that firms shares to surge. Balkenhol sold the shares on the jump, making an estimated $15,000 in alleged unlawful profits. Relating to Siebel Systems:- The same pattern emerged around Siebel Systems, the commission alleged, with Balkenhol buying more than $270,000 worth of Siebels stock starting just days after Oracles co presidents to whom his wife was also an assistant held a secret meeting with Siebels CEO to discuss a merger. Balkenhol made three more Siebel purchases over the next three months, each one coming shortly after the two companies held additional private talks. He ended up with some 50,000 shares of Siebel, worth around $450,000, stock that he unloaded shortly after Oracle announced on Sept. 12, 2005, that it would buy Siebel for around $5.8 billion. Balkenhol allegedly learned about the planned acquisitions from his wife, who had access to the schedules of Oracles three top executives and was aware of significant merger-related meetings. The Commission does not allege that Balkenhols wife knew about Balkenhols illicit trades. Rather, the complaint alleges that Balkenhol breached a duty not to misuse confidences gleaned from his wife for his own gain. Without admitting or denying the Commissions allegations, Balkenhol agreed to settle the action against him, paying a total of approximately $198,000-including a penalty of nearly $100,000. The total of approximately $198,000 Balkenhol agreed to pay in settlement of the Commissions action includes $97,282 in disgorgement, $4,115 in prejudgment interest and a $97,282 civil penalty. Balkenhol has also agreed to a permanent injunction from further violations of Sections 10(b) and 14(e) of the Securities and Exchange Act of 1934, and Rules 10b-5 and 14e-3 there under. Case Status Case is settled by Balkenhol by paying $198,000 due to insider trading done by him for the violations of Sections 10(b) and 14(e) of the Securities and Exchange Act of 1934, and Rules 10b-5 and 14e-3. References www.bloomberg.com https://economictimes.indiatimes.com/ CASE 4 : RAKESH AGARWAL V/S SEBI Background of the case This case highlights principle of violation of acting on material non-public information which comes under regulations 3 and 4 of the SEBI (Prohibition of insider trading). In this case, Rakesh Agarwal, being insider of organization, is responsible to not act on material non-public information so as to protect the interest of the investors. Course of Action Rakesh Agarwal, the Appelant was the managing director of ABS industries Ltd. (ABS), a company incorporated under the companies act, 1956. ABS was subsequently acquired by Bayer AG (a company registered in Germany).He was involved in negotiations with Bayer A.G (a company registered in Germany), regarding their intentions to takeover ABS. Therefore, he had access to this unpublished price sensitive information. Bayer acquired controlling stake in ABS Industries Ltd by acquiring 55,80,000 shares @ Rs.70/ per share in a preferential allotment made by ABS Industries Ltd. and 20% shares from existing shareholders @ Rs.80/- per share in a public offer made by them It was alleged by SEBI that prior to the announcement of the acquisition, Rakesh Agarwal, through his brother in law, Mr. I.P. Kedia had purchased shares of ABS from the market and tendered the said shares in the open offer made by Bayer thereby making a substantial profit. By dealing in the shares of ABS through his brother-in-law while the information regarding the acquisition of 51% stake by Bayer was not public, the appellant had acted in violation of Regulation 3 and 4 of the Insider Trading Regulations. Rakesh Agarwal contended that he did this in the interests of the company. He desperately wanted this deal to click and pursuant to Bayers condition to acquire at least 51% shares of ABS, he tried his best at his personal level to supply them with the requisite number of shares, thus, resulting in him asking his brother-in-law to buy the aforesaid shares and later sell them to Bayer. Accusations by SEBI The SEBI directed Rakesh Agarwal to deposit Rs. 34,00,000 with Investor Education Protection Funds of Stock Exchange, Mumbai and NSE (in equal proportion i.e. Rs. 17,00,000 in each exchange) to compensate any investor which may make any claim aggrieved with the sale of shares of ABS industries to SHRI I.P.Kedia during the period 9-9-1996 to 1-10-1996 subsequently. along with a direction to (i) initiate prosecution under section 24 of the SEBI Act and (ii) adjudication proceedings under section 15I read with section 15 G of the SEBI Act against the Appellant. Appeal by SAT The Honble Securities Appellate Tribunal vide its order dated 3.11.2003 has allowed the captioned appeal finding that the appellant was not guilty of Insider Trading. However, the tribunal held that since Rakesh Agrawal acted in the interest of the company he cannot be considered to have violated the Insider Trading Regulations. The tribunal also held that although Rakesh Agrawal had made profit out of the transactions but it was only incidental to the cause of the interest of the company. However in appeal to SAT, SEBI later contested the SAT order in SC. Case Status The case was settled through consent order under section 24 of the SEBI Act with Agrawal paying a monetary penalty.

Indigenous Interpreting Issues in Western Australian Courts - Free Essay Example

Sample details Pages: 10 Words: 2990 Downloads: 9 Date added: 2017/06/26 Category Law Essay Type Narrative essay Did you like this example? Indigenous Interpreting Issues in WA Courts Central to the concept of justice in Australia is a fair trial. An essential feature of this is that the defendant à ¢Ã¢â€š ¬Ã‹Å"not only be physically present but should also be able to understand the proceedings and the nature of the evidence against him or herà ¢Ã¢â€š ¬Ã¢â€ž ¢.[1] Therefore, if a witness is not sufficiently skilled in English to do this, a court interpreter is vital to ensure justice is done. The Western Australian Chief Justice Wayne Martin sets this out clearly in his letter to the Equal Opportunity Commissioner: If the trial of an alleged offender occurs in circumstances in which that person is unable to comprehend the course of the trial because, for example, of an inability with English and the lack of an interpreter, the trial process is unfair and any judgement obtained would be set aside.[2] The absence of an interpreter in such situations would therefore be tantamount to a miscarri age of justice, as would the employment of an incompetent interpreter with no appreciation of the witnessà ¢Ã¢â€š ¬Ã¢â€ž ¢s cultural background. Don’t waste time! Our writers will create an original "Indigenous Interpreting Issues in Western Australian Courts" essay for you Create order This is necessary if they are to breach the communication divide between the witness and the court. In Western Australia interpreting issues are of particular concern regarding Indigenous Australian witnesses. Indigenous people are vastly over-represented in the prison population. In fact, WA has the highest ratio of indigenous to non-indigenous incarceration rates in Australia à ¢Ã¢â€š ¬Ã¢â‚¬Å" 20 times higher for indigenous people.[3] The number is even greater for juvenile offenders in detention.[4] According to the WA Department of Indigenous Affairs, there are at least 80 language groups in the state, and in 35 per cent of Indigenous communities the main language spoken is an Aboriginal language.[5] With such a disproportionate level of contact with the legal system, issues of indigenous witness communication are of the utmost importance. The first scenario where a miscarriage of justice can occur is where there is a lack of any interpreter at all. There is no automatic r ight in WA to an interpreter, the matter being left instead to the discretion of the court.[6] Judges and other judicial officers however do not generally have the expertise to accurately assess a witnessà ¢Ã¢â€š ¬Ã¢â€ž ¢s level of English competency, and often overestimate it.[7] A witness may be able to understand complex utterances but not produce them him or herself, or they may mask their shortcomings by replying with stock phrases or scaffolding their replies around the questions and prompts directed to them.[8] Additionally, some judges are reluctant to allow an interpreter to be used where the witness has some command of English due not only to a preference to speak directly to a witness if possible, but also arising from a view that it would bestow an unfair advantage upon them or allow them to somehow use the interpreter à ¢Ã¢â€š ¬Ã‹Å"as some sort of propà ¢Ã¢â€š ¬Ã¢â€ž ¢ in manipulating the court.[9] It has even been suggested that a capable speaker might have a à ¢Ã¢ ‚ ¬Ã‹Å"field dayà ¢Ã¢â€š ¬Ã¢â€ž ¢ in drawing out the questioning process by communicating through an interpreter.[10] Kirby J in the case of Adamoloulos v Olympic Airways SA criticised this approach, as: The mere fact that a person can sufficiently speak the English language to perform mundane or serial tasks or even business obligations does not necessarily mean that (s)he is able to cope with the added stresses imposed by appearing as a witness in a court of law.[11] Dr Michael Cooke provides many examples illustrating this statement, in which indigenous witnesses deemed competent to give evidence without an interpreter subsequently found themselves struggling to manage. One witness became confused by the rapidly changing subject matter of the questions put to him, while another confused miles with yards, and gave an absurd estimation of an important distance.[12] Complicated linguistic constructions such as negative questions can often confuse indigenous witnesses. If as ked à ¢Ã¢â€š ¬Ã‹Å"you couldnà ¢Ã¢â€š ¬Ã¢â€ž ¢t see the gun, could you?à ¢Ã¢â€š ¬Ã¢â€ž ¢ a native English speaker would probably answer à ¢Ã¢â€š ¬Ã‹Å"noà ¢Ã¢â€š ¬Ã¢â€ž ¢, meaning they couldnà ¢Ã¢â€š ¬Ã¢â€ž ¢t see it, whereas a typical indigenous response would beà ¢Ã¢â€š ¬Ã‹Å" yesà ¢Ã¢â€š ¬Ã¢â€ž ¢ to confirm the truth of the negative statement.[13] The misleading appearance of English competency is particularly pertinent to indigenous people, as they may speak pidgins and kriols which seem similar enough to English, but in fact contain crucial differences.[14] There is a à ¢Ã¢â€š ¬Ã‹Å"danger of attempting to interpret what a person is saying by assuming that recognisably English words mean the same as they do in Englishà ¢Ã¢â€š ¬Ã¢â€ž ¢.[15] For example, kinship terms can have different and very complex meanings when used by an indigenous person, and in some Aboriginal English varieties such as the widely-spoken Kriol, the word à ¢Ã¢â€š ¬Ã‹Å"killà ¢Ã¢â€š ¬Ã¢â€ž ¢ means à ¢Ã¢â€š ¬Ã‹Å"hità ¢Ã¢â€š ¬Ã¢â€ž ¢ or à ¢Ã¢â€š ¬Ã‹Å"injureà ¢Ã¢â€š ¬Ã¢â€ž ¢ rather than à ¢Ã¢â€š ¬Ã‹Å"kill deadà ¢Ã¢â€š ¬Ã¢â€ž ¢.[16] This could obviously impact hugely on a witnessà ¢Ã¢â€š ¬Ã¢â€ž ¢s testimony. The second situation is where there is an interpreter, but they are not suitable. Finding an appropriate interpreter can be particularly problematic for indigenous languages. There are simply not enough accredited interpreters; for some languages there are none at all.[17] In fact, in a à ¢Ã¢â€š ¬Ã‹Å"deplorable state of affairsà ¢Ã¢â€š ¬Ã¢â€ž ¢, WA has no accredited indigenous interpreter training courses and no state-wide, properly qualified and adequately resourced interpreter service for indigenous languages.[18] The National Accreditation Authority for Translators and Interpreters (NAATI) does not even have a test for indigenous interpreters beyond the paraprofessional level.[19] Magistrates working in the Goldfields revealed that they à ¢Ã¢â€š ¬Ã‹Å"could count on one hand the number of times they had access to trained interpreters for Indigenous people in the last four yearsà ¢Ã¢â€š ¬Ã¢â€ž ¢, despite requiring them on a weekly basis.[20] WAà ¢Ã¢â€š ¬Ã¢â€ž ¢s vast distances and the fact that cultural nuances will vary from community to community can also impact heavily on the provision of interpreter services.[21] Where traditional languages are involved, any interpreter is likely to come from the same clan as the witness and be personally connected to the parties in question. It is therefore difficult for them to remain objective and detached.[22] Many interpreters are unwilling to interpret for very serious matters as their role is often misunderstood by the community, and they are frightened of being accused and blamed when proceedings do not turn out favourably.[23] In extreme cases, à ¢Ã¢â€š ¬Ã‹Å"lives could be at risk just by trying to fulfil their task of interpreting.à ¢Ã¢â€š ¬Ã¢â€ž ¢[24] There are also complicated issues of w ho can interpret for whom à ¢Ã¢â€š ¬Ã¢â‚¬Å" for example, an interpreter may not be able to speak to or about those in a particular kinship relationship to them, or a female interpreter may be unable to interpret for a male regarding some matters such as rape.[25] The lack of indigenous interpreters available has sometimes forced courts to use unqualified family, friends or even other prisoners as interpreters, even in trials for charges as serious as murder.[26] Clearly this is a very dangerous practice, as research has shown that even NAATI accreditation is alone not sufficient for legal interpreters to perform competently. Rigorous special training of highly competent bilinguals is the only way to acquire the necessary skills.[27] The commonly held fallacy perpetuating such unacceptable standards is that any bilingual person will do, with à ¢Ã¢â€š ¬Ã‹Å"no preparation required [as] they are simple translating literally what is said in courtà ¢Ã¢â€š ¬Ã¢â€ž ¢.[28] The case in real ity is much more complicated than this. If a competent interpreter is in fact obtained, there are still issues to be solved. Firstly, there is confusion about the actual role of the interpreter. The attitude that an interpreter is simply a word-for-word translation conduit might appear facilitative to upholding objective interpreter standards, but in fact it is not only unhelpful but often impossible. As one Pitjantjatjara interpreter puts it: à ¢Ã¢â€š ¬Ã‹Å"When white fellow talk in big words there is no way of putting that across to [the witness] in the language, because Pitjantjatjara is only a straightforward languagewhen they come with big words and make a big sentence out of it you have got no way of trying to talk to them in the language.à ¢Ã¢â€š ¬Ã¢â€ž ¢[29] A single word may sometimes require a whole story to explain it, resulting in objections to what sounds like the interpreter adding in extra material.[30] In particular, technical legal terms often do not have exact equivalents in indigenous languages and thus may be stripped of important legal significance in the struggle to convey them to a witness.[31] A true interpretation must preserve not only the pure linguistic content, but also all of the nuance, meaning and significance with which it was intended. Thus interpreting is not strictly limited to language skills. A good interpreter must also have an appreciation of the cultural background of the witness, as meaning is heavily defined by cultural contexts. In a simple illustration of this, Dr Diana Eades discusses a witness who gave evidence that on a particular night there was a à ¢Ã¢â€š ¬Ã‹Å"half moonà ¢Ã¢â€š ¬Ã¢â€ž ¢ shining. The cross-examining counsel asserted that this was a lie, whereupon the interpreter was able to avert a serious undermining of the witnessà ¢Ã¢â€š ¬Ã¢â€ž ¢s credibility by explaining that what the witness called a à ¢Ã¢â€š ¬Ã‹Å"half moonà ¢Ã¢â€š ¬Ã¢â€ž ¢ was what court would call a à ¢Ã¢â€š ¬Ã‹Å"crescent mo onà ¢Ã¢â€š ¬Ã¢â€ž ¢.[32] This is a straightforward example, but culturally ingrained perceptions, assumptions, beliefs and understandings can be much harder to isolate and explain. Additionally, despite the potential gravity of such situations, there is a lack of protocol regarding what an interpreter should do if they believe there to be a possible cultural misunderstanding. In a national survey of interpreting practices in Australian courts, 24% of the respondent interpreters said that they would not be willing to alert the court to such situations, and a further 21% did not provide an answer, perhaps due to uncertainty about what they should do.[33] Even if an interpreter does wish to notify the court, how they ought to interrupt proceedings to do this is unclear.[34] How far to go when explaining cultural differences is also difficult à ¢Ã¢â€š ¬Ã¢â‚¬Å" if an interpreter tried to explain every aspect of culture which may be affecting a witnessà ¢Ã¢â€š ¬Ã¢â€ž ¢s testimony it co uld be an impossible task. However competent and culturally aware an interpreter is, sometimes the cultural gulf is simply too wide to be addressed at individual points. The question-and-answer style of witness testimony in WA courts may not serve to elicit a full and accurate story from an indigenous witness. This interview form of speech is not a feature of traditional indigenous societies.[35] In fact, direct and unequivocal questions, answers and opinions may be actively avoided, as central to much indigenous social interaction is the à ¢Ã¢â€š ¬Ã‹Å"important element ofà ¢Ã¢â€š ¬Ã‚ ¦indirectnessà ¢Ã¢â€š ¬Ã¢â€ž ¢.[36] Silence in indigenous conversation is accepted and valued, whereas in Australian courts it may be taken as a sign of evasion or guilt. It may also be assumed that a silence in an indigenous personà ¢Ã¢â€š ¬Ã¢â€ž ¢s speech shows that they have finished speaking, and the questioner will therefore interrupt them before they have given their entire answer.[37] Phe nomena such as gratuitous concurrence arise when indigenous witnesses attempt to align their methods of communication with those of non-indigenous Australians. Gratuitous concurrence in indigenous witnesses has been well documented and involves answering à ¢Ã¢â€š ¬Ã‹Å"yesà ¢Ã¢â€š ¬Ã¢â€ž ¢ to a question (or à ¢Ã¢â€š ¬Ã‹Å"noà ¢Ã¢â€š ¬Ã¢â€ž ¢ to a negative question) regardless of whether this is actually correct.[38] Kriewaldt J, formerly of the NT Supreme Court, said of Aboriginal witnesses: An answer in the affirmative could indicate that the Aboriginal witness is trying to understand the question, that he has understood it, that he has understood part of it, that he may not have understood it at all, or that he does not want the question to go unanswered, or that he thinks that an affirmative answer is more likely to be acceptable to the questioner than a negative answer.[39] Similarly, one indigenous interpreter explained that à ¢Ã¢â€š ¬Ã‹Å"people will say things that a white person wanted to hear, and its not necessarily what he really means.à ¢Ã¢â€š ¬Ã¢â€ž ¢[40] This even extends to a tendency to plead guilty, even when they have done nothing wrong.[41] It is difficult to see how an interpreter could overcome these issues while still upholding their duty to convey what is said as faithfully as possible. Even more impossible to address are metalinguistic issues such as body language. When assessing the truthfulness or integrity of a witness, demeanour is very influential. In indigenous societies, making direct eye contact can be a sign of disrespect, while in western culture evading eye contact may be taken as a sign of shiftiness and dishonesty.[42] The lack of understanding about the role and importance of interpreters can also create more basic problems for them in the court room. Interpreters must at times battle inadequate working conditions and a lack of respect for their position.[43] Interpreting is highly mentally taxing work, and it has been shown that an interpreterà ¢Ã¢â€š ¬Ã¢â€ž ¢s skill level begins to decline even before they realise they are tired.[44] Despite this, interpreters have reported instances such as being forced to speak or stand for hours, having to sit in the dock with a charged criminal and no security guard between them, and not being provided with essentials such as a table, chair, and water.[45] One interpreter asks: à ¢Ã¢â€š ¬Ã‹Å"How can we be respected as a professional when not treated as such? How can we be expected to do our best when our working conditions are so non-conducive?à ¢Ã¢â€š ¬Ã¢â€ž ¢[46] The lack of briefing or preparation materials is also a problem which impacts on an interpreterà ¢Ã¢â€š ¬Ã¢â€ž ¢s capability.[47] An interpreter cannot accurately convey meaning when they are operating in a complete vacuum of context. Being thrust into the midst of a complicated situation they know nothing about and being expected to enable smooth communication is described as à ¢Ã¢â €š ¬Ã‹Å"walking blindà ¢Ã¢â€š ¬Ã¢â€ž ¢.[48] An interpreter may also suddenly be expected to have an entire vocabulary dealing with a specific technical area which they have never encountered before and which they have had no chance to look over.[49] The absence of a competent interpreter with an appreciation of the cultural background of the witness is tantamount to a miscarriage of justice as the basic elements of a fair trial will not be met, and serious misunderstandings can and do occur. However, even the best of interpreters cannot address all of the cultural differences and misunderstandings which may arise when an indigenous witness is in court. The intimidating, foreign and interrogatory style of the courtroom does not suit indigenous people. In WA, Indigenous Sentencing Courts established at Norseman and Kalgoorlie have had some success in making the process more culturally appropriate, but are very limited in application and jurisdiction.[50] There is definitely a need for greater quality and quantity of legal interpreters for indigenous languages, along with a better understanding of the role, needs and importance of the interpreter, and a greater understanding of indigenous culture by legal professionals and the public. It is easier for non-English speakers from overseas to access an interpreter in Australian courts than it is for Australiaà ¢Ã¢â€š ¬Ã¢â€ž ¢s own indigenous people.[51] In its Inquiry into Access to Justice Arrangements, The Aboriginal Legal Service of Western Australia concludes that there are à ¢Ã¢â€š ¬Ã‹Å"two tiers of civil justice in WA: that afforded to mainstream society, and that afforded to Aboriginal peopleà ¢Ã¢â€š ¬Ã¢â€ž ¢.[52] It should be a matter of national urgency to ensure that indigenous people are not à ¢Ã¢â€š ¬Ã‹Å"subjectedà ¢Ã¢â€š ¬Ã‚ ¦to second-class justiceà ¢Ã¢â€š ¬Ã¢â€ž ¢. The provision of competent interpreters to indigenous witnesses is definitely an important step in addressing this, but there are more deeply rooted issues underlying the over-representation of Indigenous people in Australian courts which must also be faced. [1] Ebatarinja v Deland (1998) 194 CLR 444 [26] per Gaudron, McHugh, Gummow, Hayne and Callinan JJ. [2] Letter from Wayne Martin CJ to the Equal Opportunity Commissioner, 27 February 2007, quoted in Equal Opportunity Commission Western Australia, Indigenous interpreting service: Is there a need? (2010), 16. [3] Australian Bureau of Statistics, Prisoners in Australia Catalogue No 4517.0 (2012), 50. [4] Australian Bureau of Statistics, The Health and Welfare of Australiaà ¢Ã¢â€š ¬Ã¢â€ž ¢s Aboriginal and Torres Strait Islander Peoples Catalogue No 4704.0 (2008), 228 . [5] Kate Allingham, and Dennis Eggington, à ¢Ã¢â€š ¬Ã‹Å"WA Calls for a Statewide Aboriginal Interpreter Serviceà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2006) 6(22) Indigenous Law Bulletin 6, [2]. [6] Dairy Farmers Cooperative Milk Co Ltd v Acquilina (1963) 109 CLR 458, 464; Commonwealth AttorneyÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒâ€šÃ‚ Generalà ¢Ã¢â€š ¬Ã¢â€ž ¢s Department, Access to Interpreters in the Australian Legal System: Repo rt (Australian Government Publishing Service, 1991) 39. [7] Michael Cooke, Indigenous Interpreting Issues for Courts (Australian Institute of Judicial Administration, 2002) 9. [8] Ibid 9-10. [9] Ibid 9, 16 . [10] Gradidge v Grace Bros (1988) 93 FLR 414, 426 per Samuels JA. [11] (1991) 25 NSWLR 75, 78. [12] Cooke, Indigenous Interpreting Issues for Courts, above n 7, 12, 16. [13] Ibid 18. [14] Ibid 2. [15] Ibid 5. [16] Ibid 3. [17] Sandra Hale, Interpreter Policies, Practices and Protocols in Australian Courts and Tribunals: A National Survey, (The Australasian Institute of Judicial Administration Incorporated, 2011) 18. [18] Aboriginal Legal Service of Western Australia, Submission to the Productivity Commission, Inquiry into Access to Justice Arrangements, November 2013, 6. [19] Equal Opportunity Commission Western Australia, Indigenous interpreting service: Is there a need? (2010) 20. [20] Ibid 18. [21] Ibid 5. [22] Michael Cooke, La w Reform Commission of Western Australia, Caught in the Middle: Indigenous Interpreters and Customary Law, Project 94, Background Paper 2, 2006, 89. [23] Ibid 100, 84-87, 116. [24] Ibid 112. [25] Ibid 102. [26] Allingham and Eggington, above n 5, [5]; Equal Opportunity Commission Western Australia , above n 19, 18. [27] Hale, above n 17, 3. [28] Ibid 2. [29]Australian Law Reform Commission, Recognition of Aboriginal Customary Laws, Report 31 (1986) s598. [30] Cooke, Caught in the Middle, above n 22, 86. [31] Australian Law Reform Commission, above n 29, s598. [32] Diana Eades, à ¢Ã¢â€š ¬Ã‹Å"Telling and Retelling Your Story in Court: Questions, Assumptions and Intercultural Implicationsà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2008) 20(2) Current Issues in Criminal Justice 209, 220. [33] Hale, above n 17, 45. [34] Ibid 44. [35] Ibid 218. [36] Eades, Diana, à ¢Ã¢â€š ¬Ã‹Å"Communicative Strategies in Aboriginal Englishà ¢Ã¢â€š ¬Ã¢â€ž ¢ in Suzanne Romaine (ed), Language in Australia (Cambridge University Press, 1991) 84, 87. [37] Eades, à ¢Ã¢â€š ¬Ã‹Å"Telling and Retelling Your Story in Courtà ¢Ã¢â€š ¬Ã¢â€ž ¢, above n 32, 220. [38] Ibid 219; Cooke, Indigenous Interpreting Issues for Courts, above n 7, 14. [39] R v Aboriginal Dulcie Dumaia (1959) NT 274, quoted in Eades, à ¢Ã¢â€š ¬Ã‹Å"Telling and Retelling Your Story in Courtà ¢Ã¢â€š ¬Ã¢â€ž ¢, above n 32, 219. [40] Cooke, Caught in the Middle, above n 22, 91. [41] Cooke, Caught in the Middle, above n22, 109; Equal Opportunity Commission Western Australia, above n 19, 19. [42] Eades, à ¢Ã¢â€š ¬Ã‹Å"Telling and Retelling Your Story in Court, above n 32, 224. [43] Hale, above n 17, 23-34. [44] Judicial Commission of NSW, Equality Before The Law Bench Book (2006) 3306. [45] Hale, above n 17, 24; ABC Radio National à ¢Ã¢â€š ¬Ã‹Å"Interpreters in the Courtroomà ¢Ã¢â€š ¬Ã¢â€ž ¢, The Law Report, 16 September 2008, (Damien Carrick), Sandra Hale. [46] Hale, above n 1 7, 23. [47] Ibid 28. [48] Ibid 31, 32. [49] ABC Radio National, above n 44, Tony Foley. Ludmilla Stern [50] Kathleen Daly and Elena Marchetti, à ¢Ã¢â€š ¬Ã‹Å"Indigenous Sentencing Courts: Towards a Theoretical and Jurisprudential Modelà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2007) 29 Sydney Law Review 415, 435. [51] Aboriginal Legal Service of Western Australia, Submission to the Productivity Commission, Inquiry into Access to Justice Arrangements, November 2013, 7. [52] Ibid 9.

Gun Control Regulations Should Be Banned Essay - 1535 Words

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The Half Way Covenant free essay sample

The Halfway Covenant was a form of partial church membership created by New England Puritans in 1662. It was promoted in particular by the Reverend Solomon Stoddard, who felt that the people of the English colonies were drifting away from their original religious purpose. First-generation settlers were beginning to die out, while their children and grandchildren often expressed less religious piety, and more desire for material wealth. Full membership in the tax-supported Puritan church required an account of a conversion experience, and only persons in full membership could have their own children baptized. Because the second and third generations, and later immigrants, did not have the same stresses of leaving their home country to follow their faith, they did not have the same conversion experiences. These individuals were thus not accepted as members despite leading otherwise pious and upright Christian lives. It was significant because after years, wealth grew stronger and just about anyone could become a member. We will write a custom essay sample on The Half Way Covenant or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page In response, the Halfway Covenant provided a partial church membership for the children and grandchildren of church members. Those who accepted the Covenant, and agreed to follow the creed and rules of the church, could become church members without claiming a spiritual experience. These half-members could not vote on any issues within the church, although all members could participate in the sacrament of the Supper. Puritan preachers hoped that this plan would maintain some of the churchs influence in society, and that these half-way members would see the benefits of full membership, be exposed to teachings and piety which would lead to the born again experience, and eventually take the full oath of allegiance. Many of the more religious members of Puritan society rejected this plan as they felt it did not fully adhere to the churchs guidelines, and many of the target members opted to wait for a true conversion experience instead of taking what they viewed as a short cut. Overall, religious piety began to decrease and secular values began to become more prevalent in colonial society. Response to the Halfway Covenant may have sown the seeds for the First Great Awakening in the 1730s, launched by Stoddards grandson Jonathan Edwards. Along with Calvinist George Whitefield, he preached that God is in the now, and there must be a urgent call for lanquid will, in response to the half will that the Halfway Covenant allows the.

A Hopeless Quality Essay Research Paper Tenets free essay sample

A Hopeless Quality Essay, Research Paper Dogmas of Tenneyson in Tithonus ? Tithonus? was written by Alfred, Lord Tennyson. The verse form? s scene is the ancient narrative of Tithonus. Tithonus fell in love with Eos, goddess of the morning, and asked her for immortality. Unfortunately for Tithonus he did non inquire for ageless young person, merely ageless life. He, hence, grows old but neer dies while Eos non merely neer dies but besides neer grows old. What makes Tithonus? s state of affairs worse is that? the Gods themselves can non remember their gifts? ( 49 ) . This dramatic soliloquy is characteristic of Tennyson. Tithonus is an first-class illustration of a dramatic soliloquy. There is a talker, Tithonus, who is non the poet. There is an audience? the Gods. Another feature of a dramatic soliloquy found in Tithonus is an exchange between the talker and the audience: ? I asked thee, ? Give me immortality? ? ? ( 15 ) . A character survey is when the talker speaks from an extraordinary position: Tithonus is looking back on his determination, a determination which the reader will neer be able to do but can merely woolgather of doing. His portraiture of his determination causes the common response to be rejected: most people would desire ageless life, but Tithonus proves this short-sighted. Tithonus proves the want for immortality vain by saying that: Why should a adult male desire in any manner To change from the charitable race of work forces, Or base on balls beyond the end of regulation Where all should hesitate, as is most meet for all? ( 29-31 ) . Another trait of the dramatic soliloquy is the dramatic, or critical, minute. In Tithonus this minute is when Tithonus decides that he does non desire immortality: ? take back thy gift? ( 27 ) . ? Tithonus? has all of the basic traits of a dramatic soliloquy: a talker who is non the poet, an identifiable audience, an exchange between the two, a critical minute, and a character survey of the talker. One other trait of a dramatic soliloquy is a dramatic tenseness. This tenseness is between rough judgement and understanding. This tenseness makes the audience see objectively instead than subjectively. The audience has sympathy for Tithonus, because he suffers: ? strong hours indignant worked their volitions, and crush me down and scarred and wasted me? ( 50 ) His stating the narrative besides conveying understanding from the audience. The audience must judge Tithonus negatively, because he has made an mistake. His mistake was his will? to change from the charitable race of work forces? ( 29 ) . The dramatic tenseness in? Tithonus? is caused by the clang of the audience? s understanding with the gt ; demand to judge Tithonus? s actions. ? Tithonus? has many of the traits feature of Tennyson. One such dogma is universe fatigue and the look for remainder, this is portrayed by Tithonus? s desire to turn old and dice. Didacticism, or instructiveness, is found in the statement, ? happy work forces. . . have the power to decease? ( 70 ) . Another dogma of Tennyson nowadays is it is a signifier of a narrative, a soliloquy. ? Tithonus? besides contains the fulfilment of the duty as a poet to learn the multitudes: Tennyson Teachs that adult male? s mortality is a approval. The great Romantic and Victorian subject of the yesteryear is besides prevalent in Tithonus? s will to undo the expletive of immortality: ? take back thy gift? ( 27 ) . One really obvious dogma of Tennyson is the rewording of ancient myths: Tennyson tells the ancient narrative of Tithonus. Isolation and alienation, another dogma of Tennyson, is present in Tithonus? s portion adult male and portion God position which alienates him from both: ? immortal age beside immortal young person? ( 22 ) . Tennyson besides uses elevated, stately, mediaeval enunciation: ? thine, ? ? thy, ? and? thee? ( 6, 27, 53 ) . In? Tithonus? Tennyson shows that he is a poet of advancement and alteration: ? the forests decay, the forests decay and autumn? ( 1 ) . Tennyson besides portrays societal consciousness of the importance his message has to the civilization: he shows the societal significance of immortality, a dream many people hold, and the disaffection it causes by changing adult male? from the charitable race of work forces? ( 29 ) . This verse form indirectly suppresses gender by demoing a negative result of lecherousness between two persons. This esoteric verse form offers a didactic statement of the poet? s moral and societal committedness: ? Where all should hesitate, as is most meet for all? ( 31 ) . ? Tithonus? has an implicit in sense of escape in that Tithonus wishes to get away the eternal defeats of life: ? let go of me, and reconstruct me to the grave? ( 72 ) . Through this quotation mark, Tennyson besides shows his longing for permanency, the permanency of decease. Tennyson besides depicts his nationalism, nationalism to the ? race of work forces? by seeking to learn others non to wish to change from it ( 29 ) . ? Tithonus? contains most of the major dogmas of Tennyson. In the terminal, this verse form is about determination devising and the ageless effects of determinations. Through Tithonus? s mishaps of immortality, the audience learns that immortality is non for adult male, and it is through the dramatic tenseness that the audience sees this objectively. Tennyson stresses the art of good determination devising and the importance of our determinations because of the perchance ageless significance they have. 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