Uk Legal System And Compare

Uk Legal System And Compare United Kingdom and Northern Ireland consist of four countries which form three distinctive jurisdictions each of which has its own court system and legal profession. These three jurisdictions are England Wales, Scotland, and Northern Ireland. The union of Great Britain and Ireland established United Kingdom in 1801, and it attains its present form in 1922 with the partition of Ireland and thus the independent Irish Free State has been established. In 1973 UK joined the European Economic Community, which is the European Union, when it is required to integrate the European legislation into UK law and to become responsive to the jurisdiction of the European Court of Justice in issues of European Union. A significant constitutional transformation came into existence when the Labour government came into power in 1997. They straight away introduced a process of decentralization, i.e. decentralizing some areas of government to the constituent countries of the UK: separate Scottish Parliament and a Welsh Assembly were established. The European Convention of Human Rights which has UK as its participant and it is been integrated into UK law, in the same year the Human Rights act was passed i.e. 1998. Thus provisions of Conventions can be directly applied to the UK courts. Actually there is no written constitution for the country. The Queen is the head of the state, even though the ultimate power of the Crown is conceded by the government of the day. The legislature is a two-tier parliament. A count of 659 Members of Parliament makes the House of Commons, by a general election that comes across every 5 years with a simple majority vote. The Government has the power to call for an election at any time, but to make the electoral advantage secure they do these voting every 5 years. The constitutional law of the UK is considered as consisting of statue law on the one hand case law on other, whereas the judicial model is applied in the courts by judges deducing statue law. The third element includes constitutional conventions which do not consist of legislative power but how ever has an obligatory force [1]. Constitutional Reform The Labour government now introduced constitutional alterations in 3 distinct areas: the transformation of the House of Lords, devolution, and the passing of the Human Rights Act 1998. The reformation of the House of Lords was really a long process, by eradicating the voting rights of all the aristocrats who remains until the house is totally altered. Proposals that were put forward by the Royal Commission on the reformation of House of Lords were published in 2000 as a command paper: A House for the Future (Cm 4534) [2] along with government proposals put down in The House of Lords: Completing the Reform (Cm 5291) [3]. The Human Rights Act was passed in 1998, integrating into the UK law rights and freedoms assures by the European Conventions on Human Rights. Even though the UK had been a participant to the European Conventions on Human Rights since 1951, this act gives the provisions of the conventions to be integrated into the domestic law. This makes it clear that the concern of the human rights affects every part of the government. Some of the effects of decentralization were: The Department for Constitutional Affairs (DCA) was launched in 2003, and it swaps the Lord Chancellors Department. Its changed responsibilities such as holding and administering the judicial system, human rights, and electoral and constitutional reform. DCA administers the Court Service and watch over judicial appointments. The responsibility of Lord Chancellor has been modified, with the possessor renamed Secretary of State for Constitutional Affairs and Lord Chancellor, resigns his functions as Speaker of the House of Lords and as a judge. These changes are mainly brought in by the Constitutional Reform Act 2005 and it also made important changes to the courts and the judiciary. The Court System Civil courts Civil cases initially are heard in the County Courts actually its for minor claims or the high Court, which is divided into 3 divisions: Queens Bench, Family and Chancery. Cases can be appealed to the Court of Appeal. Cases may also be appealed from the County Court to the High Court. The structure of the UK courts is shown below [4] . The majority of civil actions are heard in the 218 county courts, which also handles family and bankruptcy hearings. The value of claim decides in which manner the case has to be dealt with. The work is handled by three divisions, depending on its subject: Chancery Division: equity, trusts, tax, bankruptcy Queens Bench Division: contract, tort, commercial matters Family Division: divorce, children, probate. House of Lords is the supreme court of appeal. The judicial functions are quite different from its legislative work and the cases are heard by around 13 senior judges known as Lords of Appeal in Ordinary, or Law Lords. The Constitutional Reformation Act 2005 endow with the establishment of a supreme court to reinstate the judicial functions of the House of Lords with an independent appointment system, thus making a constitutional division between legislature and the judiciary. Judicial Committee of the Privacy Council is responsible for hearing cases from the British overseas territories and dependencies as well as domestic appeals. Cases regarding powers and functions of the devolved legislatures are also heard in these courts. Along with these courts there are also specialized tribunals, which take into account different appeals on decisions made by several public bodies and Government departments like employment, immigration, social security, tax and land. Criminal courts Criminal cases initially are heard at the Magistrates Court, serious ones being heard in the Crown Court. Appeals are mainly heard in the Court Of Appeal Criminal Division [5]. The Crown Court and Magistrates Court can be replaced by a cohesive Criminal Court with 3 divisions: Crown Division now the Crown Court to hear jurisdiction over all criminal matters and the more serious offences allocated to it, the District Division, comprise of a judge usually a District Judge or Recorder and at least 2 magistrates, to hear the jurisdiction over a mid range and in case of serious issues merit up to 2 years custody and the Magistrates Division comprised by a District Judge or Magistrates are to work out their present jurisdiction. The Magistrates Division would assign cases according to the significance of the suspected offence and the situation of the defendant. In the affair of an argument, a District Judge would determine the matter after hearing the version of prosecution and the defendant. The defendant has no right of selection of any of the division. LEGAL SYSTEMS The United Kingdom has 3 legal systems for its 3 separate jurisdictions; English Law for England Wales, Northern Ireland follows some common law principles and finally Scots Law for Scotland. England Wales English Law English law, which refers to the legal system administered by the courts of England Wales for both civil and criminal matters. English law has its own distinctive legal canon, separate from civil law [6] (civil law in which the sources known as reliable are legislation mainly codification in the constitution that are passed by the government and also the custom.) [7]. Actually the laws are not made a part of an organized system and also the laws are developed by judges in the court. Earlier times the justices and the judges were in charge if adapting the Writ system for the everyday needs to for building up a consistent law [8]. For e.g., the Law Merchant began in the Pie Powder Courts. When the Parliament developed in its capacity and focus to the canon of separation of powers, the legislation overtook the judicial law making. Senior Courts of England and Wales consist of Court of Appeal, the High Court of Justice and the Crown Court. The Supreme Court is the highest court for both criminal and civil appeal cases in England Wales and also Northern Ireland. English Law became one of the two legal systems in different parts of UK and also greatly influenced by Scots Law after the Acts of Union in the year 1707 [9] particularly in the development and incorporation of law merchant by Lord Mansfield and also with the development of law of Negligence. Northern Ireland Common Law The law of Northern Ireland is a common law system. It is managed by the courts of Northern Ireland, with The law of Northern Ireland is a common law system. It is administered by the courts of Northern Ireland, with supreme appeal to the Supreme Court of the United Kingdom in both civil and criminal matters. The countrys law is almost similar to the English Law with some of the rules of common law being transferred to the Kingdom of Ireland. The basis for the law of Northern Ireland is English Common Law and Statute Law. Scotland Scots Law Scots law is an inimitable legal system with an origin from Roman law. It also characterizes elements of common law with some feudal sources. This shows that Scotland has varied or mixed legal system compared to South Africa and to a certain extent it has codified systems of Louisiana and Quebec. The Acts of Union has shared legislature with the rest of the UK. In those days Scotland, England Wales each has separate or distinct legal systems, but the Union act brought some English influence on Scots law. Later on the Scots law was also affected by both European laws under the Treaty of Rome and with the Establishment of Scottish Parliament. Court of Session, for the civil cases and the High Court of Justiciary for criminal cases are the chief courts. The Supreme Court of the United Kingdom functions as the ultimate court of appeal for civil cases under Scots Law. Sheriff courts deals with most of the civil and criminal cases including criminal trials with a jury known as sheriff solemn court with a sheriff and no jury which is known as sheriff summary court. UK Legislatures United Kingdom Parliament The Parliament of United Kingdom is two- tier consisting of an upper house i.e. the House of Lords and a lower house i.e. the House of Commons. The House of Lords comprise of two types of members: the Lords Spiritual, he is the senior bishops of the Church of England and the Lords Temporal. The House of Common is an elected chamber democratically. These two houses gather in separate chambers in the Palace of Westminster in the City of Westminster in London. All government ministers including the Prime Minister are members of either the House of Commons or House of Lords [10]. Northern Ireland Assembly The Northern Ireland Assembly is the decentralized legislature of Northern Ireland. It has got the authority to enact in broad areas that are not overtly reserved to the Parliament of the United Kingdom, and appointed the Northern Ireland Executive. It is situated at Parliament Buildings at Stormont in Belfast. The latest embodiment of the Assembly was established under the Good Friday Agreement a commitment by all parties for exclusively peaceful and democratic means of 1998[11] . The Assembly is a unicameral democratically elected body consisting of 108 members who are known as Members of Legislative Assembly, or MLAs. Scottish Parliament The Scottish parliament is located in the Holy rood area of the capital Edinburgh. Unofficially the Parliament is referred to as Holy rood, the Parliament consists of 129 members who are democratically elected, and they are also called Members of Scottish Parliament or MSPs. The members of the Parliament are elected for four year terms under the Additional Member System of proportional representation an attempt to ensure that the outcome of the election reflects the proportion of support gained by each competing group [12]. The original Parliament of Scotland or also known as Estates of Scotland was the national legislature of the independent Kingdom of Scotland, and it existed till the 13th century until the Kingdom of Scotland merged with Kingdom of England under the Acts of Union 1707 to figure the Kingdom of Britain. As a result the Parliament of Scotland unites with Parliament of England to form Parliament of Great Britain, which is situated at Westminster in London. WORKING OF UK LEGAL SYSTEM England Wales Criminal law Criminal law or penal law, its a body of rules that describes the behaviour which is considered illegal because it is believed to threaten, harm or otherwise imperil the safety and welfare of the public. The law is actually insisted by the state itself and the one who breaks these laws are prosecuted in court. Capital punishment is obligatory in some jurisdiction for almost all serious crimes, physical or corporal punishments are also imposed such as whipping or caning [13]. Individuals are also enslaved in prison or in jail depending upon the jurisdiction. Length of imprisonment may vary from day to life. House arrest or fines are also imposed on the convicts who done the crime. The main objectives of this law by punishment are retribution, deterrence, incapacitation, rehabilitation and restitution. Some of the selected criminal laws are fatal offenses [14], personal offenses, property offenses, participatory offenses, mala in se v. mala prohibit a. Civil Law Civil law deals mostly the disputes between the individuals or corporate bodies and swathe a large array of areas which includes: landlord and tenant disputes, insolvency, small claims, consumer disputes, personal injury claims, divorce cases, race, sex and disability discrimination cases, debt problems wills and libel. [15]According to this law it is important that there should be 50 percent probability that the defendant is responsible for dispute. In both these cases the prosecution and the defence try to convince the court that one side is right and other is wrong. In criminal cases, the jury decides whether the prosecution or the defence are guilty and the final decision of sentence is issued by the judge himself. But in the case of civil and family cases the judges alone decides or announces who is the convict based on the evidences presented. In England and Wales prisoners are assigned different security classes when they are sentenced. The categories of prisoners in descending order are: Category A: prisoners whose escape would be highly dangerous to the public or national security. Category B: prisoners, whom which do not require maximum security, but the escape needs to be made very difficult. Category C: prisoners who cannot be trusted in open conditions but who are improbable to escape. Category D: prisoners who can be quite trusted that they dont try to escape, and are given the privilege of an open prison. Northern Ireland The countrys legal system is almost similar to England Wales [16]. The Lord Chancellor is responsible for court administration through the Northern Ireland Court Service. It deals with the policy and legislation concerning criminal law, the police and the prison system. Criminal law Criminal law is mainly concerned with establishing and upholding social order and protecting the community. The rules of this law are meant to persuade and keep up an orderly and safe living for every citizen. If anyone is found at fault they can be fined, given a community penalty or may be sent to a prison. Civil law Civil law is almost similar to the law of England and Wales i.e. cases must be verified by the balance of probabilities rather than the beyond reasonable doubt which is applied in criminal cases. Scotland The Scottish Executive Justice Department manages the issues regarding civil and criminal law. The Parliament makes or passes laws on those issues on which where it has the right to act independently, in such situation it can change or discards the acts of UK Parliament and it can passes new and separate legislation for Scotland. Scots Law The Scots Law and Scottish Legal system has a protracted history, which dates back to the medieval period. The uprightness and independence of Scots law were accredited in the 1707 Act of Union which eliminates the Scottish Parliament and forms a new UK Parliament at Westminster. Scots Law carves up many of the legislative provisions with the law of England and Wales [17], even though the Scots Civil Law remains significantly based on Scots Common Law. Scots Civil Law has some elements which got basis from the Roman Dutch Law. INDIAN LEGAL SYSTEM The Government of India, formally known as the Union Government (Central Government) and was found by the Constitution of India and it is the governing power of a union of 28 states and 7 union territories, collectively called the Republic of India. It is situated in New Delhi, the capital of India. The Indian Government Consist of 3 branches: the executive, the legislative, and the judiciary. The Executive branch is headed by the President of Country who is known as the head of the state and he implements his powers through officers under him or directly. The Legislative branch or the Parliament has two houses: lower house called the Lok Sabha[18], and the upper house called the Rajya Sabha. The Judicial branch has the Supreme Court at its top level, 21 high courts and number of civil criminal family courts at the district level. The civil and criminal laws governing the citizens of the country are governed by the parliamentary legislation such as the Civil Procedure Code, the Indian Penal Code and the Criminal Procedure Code. The legal system applied to the federal and individual state governments is based on the English Common (laws which are developed by the judges on the basis of decision of court and similar tribunals rather than by the legislative statues)[19] and Statutory Law (law that is made by the legislature and codified or written in code books) [20]. [21]India has a Parliamentary system of government which is largely based on that of the United Kingdom i.e. the Westminster System[22] (A democratic system of government which was modelled after that of UK and it is followed in many of the Common wealth nations such as Canada, Australia, Singapore, Jamaica, Ireland, New Zealand India.) The legislature of the country is Parliament. Its two-tier system, with two houses: Lok Sabha in which the 545 members are directly elected called House of the People also known as lower house, Rajya Sabha in which the 250 members are indirectly elected called Council of States also known as upper house. Council of Ministers as well as the Prime Minister is the members of the Parliament, if they are not members then they should be elected within a period of six months from the time they take up their respective positions. Individual responsibility Every individual minister takes care of the specific bureau or bureaus. He is supposed to answer any act of failure in all the policies relating to his ministry. In case any slip up, he himself is responsible to the Parliament. If a vote of no confidence vote or motion in a legislative body censuring an aspect of or indicating a lack of majority support for a government policy [23] is passed against a the minister then he is forced to resign from his position, in such situation the Prime Minister can ask for resignation of the minister to save his government and the people have say. Collective Responsibility The prime Minister and the Council of Ministers together are answerable to the Lok Sabha. So if there is a policy failure from the governments part members of the council are responsible. In such situation if a vote of no confidence is passed then all the ministers headed by the Prime minister have to resign from their position. Judicial System The Supreme Court in India is the eventual exponent of the constitution and the laws of the country [24]. It has appellate jurisdiction over all civil and criminal events involving substantial matter concerning the explanation of the constitution. The court has the unique and exclusive jurisdiction to determine the arguments between the central government and one or more states and union territories as well as between states and union territories. The Supreme Court has a broad or ample flexible powers to hear special appeals on any matter from any court expect those of armed services. It is also known as court of records and oversees every high court. Twenty five associate justices and one chief justice serve on the Supreme Court. Chief justice is appointed by the President, the associated judges are also appointed by the President after consulting with Chief justice. The appointments do not require Parliaments accord, and the justices cannot be removed from their position until they reach the binding retirement age 65. The Supreme Court has power to decide cases under [25]. Original jurisdiction Argument between central government and government of one or more states. Argument between central government and the governments of one or more states on one side and the governments of one or more states on other side. Argument between two or more states. Appellate jurisdiction: Supreme court is the final court of appeal. An appeal against the high court can be filed in the supreme court. If any of the parties is not satisfied with the decision of the high court appeals can be brought to constituitional, criminal and civil cases. Advisory jurisdiction: President may ask for the advice of the Supreme court on any matter of public importance. Features of Indian Legal System Written Constitution Constitution is generally a written document and affirms India to be a sovereign, socialist, secular, democratic republic and it represents the reservoir of enormous power. The Indian Constitution is an inimitable mix of rigidity and flexibility and it is a political document and also known as Bag of Borrowings [26] which mete out the power of the state amongst different structures i.e. between central and state government. Indian government is democratic and republican and is governmental through adult authorization. The Rule of law The term Rule of Law is derived from French phrase la principe de legalite (The principle of legality), that means a government based on the principles of law and not of men. According to ancient scriptures, Law is the King of Kings and there is nothing higher than law. The rule of law contains 3 principles [27]. Supremacy of Law: This means that no man is punishable or can legally be made to bear in body or goods expect for a discrete violation of law launched in an ordinary legal manner. It means that a man can be penalized for the violation of law but cannot be penalized for any other things. A suspected offence is supposed to be attested before the ordinary courts in harmony with the ordinary procedure Equality before Law: This means that no man is above the law. Every citizen whatever his position focuses on the ordinary law of the land and agreeable to the jurisdiction of the ordinary tribunals. Predominance of Legal Spirit: This means that general principles of the constitution are the result of judicial decisions for determining the file rights of private person in association with the cases brought to the court. Independence of Judiciary It is a principle that the judiciary should be politically defended from governmental and the exclusive power, this means that the court should not be exposed to culpable influence from other sections of government or personal interest [28]. One way to prop up judicial independence is by giving life term or long term for judges, which allows them to decide cases and make laws according to the rule of law and judicial discretion. Overview of Indian Court Structure The exclusive feature of Indian constitution is its judiciary. Single incorporated system of courts manages both union and state laws. The Supreme Court of India The Supreme Court of India is the highest court of the land. It is the vital explainer and protector of the constitution and the laws of the land. It is the highest court of petition or appeal. It takes up request against judgments of the regional high courts. The Supreme Court of India consists of Chief Justice of India and 30 other judges who are appointed by the president. High Courts High court is head of each states judicial administration. There are around 21 high courts for Indias 28 states, 6 union territories and one national capital territory. These courts have a power over a state, a union territory or a group of states and union territories. As the part of the judicial system the high courts are officially free of state legislatures and executives. Each high court within the country is a court of record for implementing original and appellate jurisdiction inside a state or territory. It also issues proper writs in cases regarding constitutionally assured fundamental rights. The high court controls or over sees all courts within its jurisdiction, expect for which deals with armed forces and can transfer constitutional cases to it from the lower courts. The said court have original jurisdiction on revenue matters. They under take original criminal cases by a jury, but not civil cases. According to article 141 of the Constitution of India all courts in the l and including high court are bound by the orders of Supreme Court. High courts are controlled by the chief justice. Judges of high court are appointed by the president of India after consulting with the Chief Justice and the governor of the state. Lower Courts High court has the power of supervising the lower courts within its jurisdiction namely the district and session courts and their lower courts [29]. The district and the session courts consist of the lowest level of courts and are also known as trial courts and it applies both federal and state laws. States are divided into districts and inside each district a district judge and sessions judge heads the judiciary. A district judge is in charge of all civil cases and sessions judge over the criminal cases. State Governor after consulting with the states high court appoints these judges. Civil cases are filed in Munsif courts, also known as sub district courts. Lesser criminal cases are handed over to the subordinate magistrates working under the high court. Village level disputes are mostly resolved by Panchayats or Lok adalats. Executive The President of India is the Head of the State and the Commander-in-Chief of the armed forces [29]. He is elected by the democratic board composed of members of both the Houses of Parliament and the legislatures of the nations constituent states. The President holds the position for 5 years and he can be re elected. The president does not normally implements any constitutional powers on his own inventiveness. But these are done based on the instruction given by the Prime Minister and the Council of Ministers. The Prime Minister is appointed by the President, who is chosen by the legislators of the political parties. President then appoints other ministers on after consulting with the Prime Minister. Prime Minister can remain in office only when he or she enjoys the majority support from the Parliament. The Vice President is elected by the members of both the houses the lower and the upper houses of Parliament. The Vice President takes the power of President in case of death or resignation of the current President. Indian legal system is mostly based on the English common law and statutory law, and most of the state and the territorial law are based on English common law. Indias dedication to law is created in the constitution which made India into a sovereign democratic republic, which contains a federal system with law-making form of government in the union and the states. The main resources of law in India are the Constitution, statutes, customary law and case law. Parliament, state legislatures and Union Territory legislatures endorse the statutes. In addition to that there is a huge body of laws known as subordinate legislation in that form of rules regulations made by central and state governments and local authorities like municipal corporations, municipalities, Gram Panchayats and other local bodies. Subordinate legislation is made under the authority s assigned either by the parliament or state or union territory legislatures. The official publications of laws of India are recorded in major parliamentary legislation such as the India Code. Indian laws stick on to the United Nations guidelines on human rights laws and the environmental law. .

Influence of Greek Culture :: essays research papers

Influence of Greek Culture   Ã‚  Ã‚  Ã‚  Ã‚  Back in the days of Homer’s Writings, Greek culture had a huge influence on the way of life and the style of writing. In this epic Greek culture also played a huge roll in the outcome of the story. The three traits of Greek culture that are evident in this story are, marriage is permanent, gods are revered and intelligence is valued.   Ã‚  Ã‚  Ã‚  Ã‚  The first one of these traits that stands out in this epic is marriage is permanent. Penelope is faced with many suitors who wish to marry her and rule Ithica, yet she remained loyal and had faith that her husband, Odysseus would return to her side. In one instance, the suitors pressured her into choosing one of them to marry. To trick the men she said â€Å"Young men, my suitors, now my lord is dead, let me finish my weaving before I marry.† (p. 726, l. 100-101). Then every night she would undo her progress of the day. Odysseus too, had been desired by others and he too avoided them. Circe and Calypso both wanted to be with Odysseus, but he knew he had sworn to love Penelope. Telemachus also played a part in keeping his parents’ marriage together. He set out to find his father despise what others had told him. The olive tree bed was also a symbol of the couple’s permanent marriage.   Ã‚  Ã‚  Ã‚  Ã‚  The next trait that played a role in Greek culture was that gods are revered. Gods played a very significant role in the Greek’s way of life. Gods controlled everything from the sky to the underworld. Gods could either be your best friend, or your worst enemy. Odysseus learned that the hard way. After blinding Polyphemus he boasted his name to the beast whose father was the sea god Poseidon. â€Å"Cyclops, if ever mortal man inquire how you were put to shame and blinded, tell him Odysseus, raider of the cities took your eye: Laertes’ son whose home’s on Ithica!† (p.756 l. 970-974). From that point on he would be punisher by the great sea god. A god also played an important role in Telemachus’ journey. Athena gave the young mortal much help and advice.   Ã‚  Ã‚  Ã‚  Ã‚  The last trait that played an important role in Greek culture is that intelligence is valued. Odysseus, Telemachus and Penelope all showed great intelligence in the epic. Odysseus main strength was his intelligence. He had tricked the Cyclops many times and saved himself and his crew’s lives many times.

Flyboy, Inc :: essays research papers

Flyboy, Inc Flyboy, Inc which is successful manufacturer of aircrafts wants to expand its market to Pumonia.(a small oil rich kingdom that was once an Italian colony). The government would be the principal purchaser, along with some royalty private families. It is not possible for Flyboy to enter the marker without a local representative. Flyboy is aware that â€Å"grease payments† and lavish gifts to customer is Pamonia is customary. Before Flyboy can make any decisions in expanding to Pamonia, several aspects need to be carefully analyzed and planned out, to avoid future troubles and make a smooth transaction. Both the advantages and disadvantages of this transaction should be considered. Typically the advantages of effectively expanding abroad outweigh the disadvantages and therefore the advantages will only be boldly stated. More time will be spent in analyzing in more detail the minuses of this transaction and showing how these disadvantages can be overcome by Flyboy. The two major advantages of Flyboy moving into Pamonia include: The opportunity for Flyboy to expand its geographic scope of its marketing. And the local presence permits Flyboy to maintain the aircrafts sold abroad, which can lead to better customer service and translate in to customer loyalty and satisfaction. This by the same token crates an increase in revenue. On the other side of the coin- the disadvantages or not so attractive side of the transaction are the following: By setting up and hiring agents (dependent or independent) the company has subject itself to local laws and regulations. There are many different international laws that help out a firm when entering a new foreign market, but there are just as many new host country regulations that Flyboy should consider before making any critical decisions. An example of one of the regulations that Flyboy should consider, especially if it will be in charge of marketing, is the regulations for advertising abroad. Adverting regulations are established so the host country can make sure that the new company complies with regulation such as publishing the truth in advertising, the language used in the ads, and so they can have some control over the specific content. Flyboy should have very well planned marketing strategies and local marketing considerations. Since many of the advertising regulations abroad are not even a stated law, but rather an industry code observed by the local marketing organizations; the best thing any new foreign company should do is seek legal advice from local practitioners and fashion local advertising appropriately.

Beyond Free Will in Mary Shelleys Frankenstein Essay -- Frankenstein

Beyond Free Will in Shelly’s Frankenstein  Ã‚   One of the greatest gifts God has given to man is free will.   Free will is the ability to choose our own life’s path, to make decisions, and to suffer our own consequences. God has intended free will to allow us to live our own life by the rules we choose.   However, does free will reach a certain point as which to not crossover?   Man has always envied God, and has always tried to become god-like.   Does this ambition compromise our free will?   In Mary Shelly’s classic novel Frankenstein, Viktor Frankenstein’s tries to bring the dead back to life, and he is successful in animating a creation of his own.   The consequences of his ambition compromised his free will and destroyed his life.   Viktor Frankenstein reached the point of free will which man is not intended to cross over.   Viktor Frankenstein is a fool for trying to play God.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Free will was a gift granted to man right from the start of history.   In the story of Genesis, free will granted by God allowed Adam and Eve to eat from any tree in the garden, including the tree of knowledge.   However, God did set a rule.   â€Å"The Lord God commanded the man, â€Å"You are free to eat from any tree in the garden; but you must not eat from the tree of the knowledge of good and evil, for when you eat of it you will surely die.†1  Ã‚   Now, in this story, man is tricked by the serpent, representing the devil, and eats from the tree of knowledge.   He does not die in a sense, but is cast out of paradise and is forced to work off the land for the remainder of his now mortal life.   In a letter from Paul to the Galatians, Paul writes, â€Å"You, my brothers, were called to be free.   But do not use your freedom to indulge the sinful nature.†2  Ã‚   In thes... ...†9  Ã‚   Giving life is God’s job, and any man who tries to become god-like in this sense will surely suffer the consequences of his actions according to Mary Shelly.   I completely agree, and I will conclude with a retrospective quote from Viktor Frankenstein.   â€Å"Learn from me, if not by my precepts, at least by my example, how dangerous is the acquirement of knowledge, and how much happier that man is who believes his native town to be the world, than he who aspires to become greater than his nature will allow.†10 1. Genesis 2: 16-17   (NIV) 2. Galatians 5: 13a   (NIV) 3. Shelly, Mary.   Frankenstein, Norton Critical Edition, p. 30 4. Shelly, p. 32 5. Shelly, p. 49 6. Shelly, p. 115 7. Shelly, p. 116 8. Shelly, p. 137 9. Luke 7: 14-15   (NIV) 10. Shelly, p. 31 Works Cited: Shelly, Mary. Frankenstein. Quality Paperback Book Club, New York. 1994. Beyond Free Will in Mary Shelley's Frankenstein Essay -- Frankenstein Beyond Free Will in Shelly’s Frankenstein  Ã‚   One of the greatest gifts God has given to man is free will.   Free will is the ability to choose our own life’s path, to make decisions, and to suffer our own consequences. God has intended free will to allow us to live our own life by the rules we choose.   However, does free will reach a certain point as which to not crossover?   Man has always envied God, and has always tried to become god-like.   Does this ambition compromise our free will?   In Mary Shelly’s classic novel Frankenstein, Viktor Frankenstein’s tries to bring the dead back to life, and he is successful in animating a creation of his own.   The consequences of his ambition compromised his free will and destroyed his life.   Viktor Frankenstein reached the point of free will which man is not intended to cross over.   Viktor Frankenstein is a fool for trying to play God.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Free will was a gift granted to man right from the start of history.   In the story of Genesis, free will granted by God allowed Adam and Eve to eat from any tree in the garden, including the tree of knowledge.   However, God did set a rule.   â€Å"The Lord God commanded the man, â€Å"You are free to eat from any tree in the garden; but you must not eat from the tree of the knowledge of good and evil, for when you eat of it you will surely die.†1  Ã‚   Now, in this story, man is tricked by the serpent, representing the devil, and eats from the tree of knowledge.   He does not die in a sense, but is cast out of paradise and is forced to work off the land for the remainder of his now mortal life.   In a letter from Paul to the Galatians, Paul writes, â€Å"You, my brothers, were called to be free.   But do not use your freedom to indulge the sinful nature.†2  Ã‚   In thes... ...†9  Ã‚   Giving life is God’s job, and any man who tries to become god-like in this sense will surely suffer the consequences of his actions according to Mary Shelly.   I completely agree, and I will conclude with a retrospective quote from Viktor Frankenstein.   â€Å"Learn from me, if not by my precepts, at least by my example, how dangerous is the acquirement of knowledge, and how much happier that man is who believes his native town to be the world, than he who aspires to become greater than his nature will allow.†10 1. Genesis 2: 16-17   (NIV) 2. Galatians 5: 13a   (NIV) 3. Shelly, Mary.   Frankenstein, Norton Critical Edition, p. 30 4. Shelly, p. 32 5. Shelly, p. 49 6. Shelly, p. 115 7. Shelly, p. 116 8. Shelly, p. 137 9. Luke 7: 14-15   (NIV) 10. Shelly, p. 31 Works Cited: Shelly, Mary. Frankenstein. Quality Paperback Book Club, New York. 1994.

Protests That Change Teh World – “Weapons Training” by Bruce Dawe, Charlie Chaplin’s Speech “the Great Dictator” and “Where Is the Love” by the Black Eyed Peas.

Good morning publishers of penguin. Today I’m here to present three texts that I believe should be included into the anthology â€Å"Protests that Changed the World† Each of these texts share similar context and are the same in purpose. The power of a speech lies in its ability to persuade an audience successfully. With this in mind the three texts which I believe have shown great ability to as persuading audiences is The poem â€Å"Weapons Training† by Bruce Dawe, Charlie Chaplin’s speech from â€Å"The great dictator† and the song â€Å"Where is the love† by The Black Eyed Peas.Weapons Training is a piece of war poetry written by Burce Dawe in 1970. This poem is considered a dramatic monologue spoken by an aggressive and intimidating sergeant who’s training soldiers that are about to be sent off to war. Bruce Dawe has used rhetorical questions to encourage the reader or listener to consider the message or viewpoint. The rhetorical qu estions ‘what are you looking at? , What are you laughing at? , What are you going to do about it? ’ used in Weapons Training are said in an aggressive tone, clearly used to bully its audience.Love PoemSaying it in an aggressive tone provokes fear through the audience manipulating them into supporting the use of weapons. Although it is an issue one might usually not choose to support, the fact that it is said in such an intimidating tone encourages the listener to support it due to the fear of what the consequences might be if they don’t support what the speaker is promoting. The author also uses repetition of the word â€Å"dead† this is clearly directed towards the soldiers in order to emphasise the officer’s message. This is a form of teaching the soldiers to hate, fear and listen to authority in order for them not to die needlessly.Repetition has also been to install fear into the audience as a way of turning them against weapons; he is emphasiz ing the harsh reality of what happens when weapons are used. The use of onomatopoeia in this poem like ‘click’ and ‘pitter-patter’ has the similar effect as the rhetorical questions. It creates a sense of imagery that is almost deathly and horrifying which is also incredibly intimidating towards its audience giving them an insight into how horrific the use of weapons can actually be. It is clear that the author’s goal was to convince the audience about the harsh effects of using weapons, which he has successfully achieved.The speech evoked immense support against the use of weapons and violence from the general public. Bruce Dawe has used this style of writing to effectively describe the sound of weaponry to show how the soldiers were being turned into weapons themselves. The second text that I have chosen for this anthology is Charlie Chaplin’s speech from the Great Dictator. This speech comes from a satire comedy of Nazi Germany and Adolf Hi tler in which Charlie Chaplin has re-worded Hitler’s speech and instead of saying â€Å"I† all the time he uses â€Å"we† which completely changes the meaning of the speech. We all want to help one another†¦ We all want to live by each other’s happiness†¦ We don’t want to hate and despise one another† this is a form of Inclusive language, which Charlie Chaplin has used in his speech, as it’s a very adequate technique with a very influential meaning, which also allows the audience to feel included. Charlie Chaplin has also used the technique of accumulation: â€Å"Greed has poisoned men’s souls, has barricaded the world with hate; has goose-stepped us into misery and bloodshed† this technique it’s considered to be a very powerful way to demonstrate what greed has not only done to humans but to this world.Repetition is used several times by the author of this speech in order to really get his message throug h to the audience. An example of repetition is â€Å"You people have the power, the power to create machines, the power to create happiness† This is an effective way to persuade the audience as he’s tone of voice is not demanding instead he’s just showing he’s point of view towards war and what it’s turning humans into. â€Å"Where is the love† by Black Eyed Peas is my last chosen text.This song is an anti-war anthem, in which they grieve a variety of worldwide problems and many issues are discussed. â€Å"Negative images is the main criteria Infecting the young minds faster than bacteria† is a metaphor which stands out quite a lot in this song. It refers to how negative images in the media and society affect our youth today. The negativity is what influences young minds today, and is blamed as the result for many acts of crime by young people. The Black Eyed Peas use the repetition of the phrase â€Å"where is the love? to emphasise the message they are trying to deliver through this song, which is asking the audience where the love has gone. It is well known that repetition is a tool of manipulation, which is what they have tried to do through the lyrics. Lastly there’s the use of rhyme. Rhyme is a technique that is used several times through out this song. An example is â€Å"But if you only have love for your own race, then you only have space to discriminate and to discriminate only generates hate†. The use of this rhyme in this song is to alert the audience about how strongly hate effects our world.It is referred to as an ongoing cycle, where if you only have respect and love for your own race, it automatically generates hate for the others. The aim of these lyrics is to highlight how the effects of hate in our world and the use of rhyme certainly accentuate the message. In my opinion these three texts are all very adequate for this future anthology â€Å"Protests that change the world† as the three texts have a great message and have all been effective when persuading it’s audience against the issue of war.

Essay about Madagascar Essay

Madagascar is the worlds fourth largest island located 20 ° N and 47 ° E, just off the shore of Mozambique (Southern Africa). The area of the island is 587,040 kilometers â€Å", with 4,828 kilometers of coastline, and it is slightly larger than twice the size of Arizona. Madagascar is a high plateau with a narrow coastal plain and mountains on the top. Their main natural resources consist of graphite, chromite, coal, bauxite, salt, quartz, tar sands, semiprecious stones, mica, fish, and hydropower. The land is 4.41% arable land, .093% is permanent crops, and 94.66% other. Madagascar has a population of 16,979,744 people, which means there is 30 people per square kilometer. Of the population 45% of people are between 0-14 years, 51.9% of people are between 15-64 years, and 3.1% of people are 64 and over. The population growth rate is 3.03% per year, the birth rate is 42.16 births per 1000 population per year, and the death rate is 11.88 deaths per 1000 population per year. The life expectancy for people of Madagascar is 53.86 for males and 58.53 for females. The rate for the number of people over 15 who can read and right is 68.9% The official name of Madagascar is the Republic of Madagascar. The official languages are French and Malagasy (Native). The main religions are 52% Local-Traditional Beliefs, 41% are Christian, and 7% are Islamic. Their type of government is a republic, in which their capital is located in Antananarivo. Madagascar divides the country into 6 provinces they are, Antananarivo, Antsiranana, Fianarantsoa, Mahajanga, Toamasina, and Tolaira. Madagascar was formerly an independent kingdom before the 1880s. Madagascar became a French colony in 1886, but regained its independence in 1960. During 1992-93, free Presidential and National Assembly elections were held, ending 17 years of single-party rule. In 1997, in the second presidential race, Didier Ratsiraka, the leader during the 1970s and 1980s, was returned to the presidency. The 2001 presidential election was contested between the followers of Didier Ratsiraka and Marc Ravalomanana, nearly causing secession of half of the country. In April 2002, the High Constitutional Court announced Ravalomanana the winner. Their constitution was approved August 19, 1992 by national referendum. The Madagascar constitution establishes separation of powers among executive, legislative, and judicial branches with a multi-party political system. The president is elected by universal suffrage (anyone 18 or over) for a five year term with a two-term limit. Prime minister is nominated by bicameral parliament composed of Senate and National Assembly, and approved by the president. Supreme Court has eleven members and forms apex of other judicial bodies. Local government consists of twenty-eight regions with decentralized powers in economic field. In the first legislative elections of Third Republic in 1993 more than 120 political parties entered 4,000 candidates for 138 seats. Proportional representation list system encourages candidacies. Madagascar is a member of Agency for the French-Speaking Community (ACCT), African, Caribbean, and Pacific Group of States (ACP), African Development Bank (AfDB), Economic Commission for Africa (ECA), Food and Agriculture organization (FAO), Group of 77 (G-77), International Atomic Energy Agency (IAEA), International Bank for Reconstruction and Development (World Bank) (IBRD), International Civil Aviation Organization (ICAO), International Criminal Court (ICFTU)(Signatory), International Red Cross and Red Crescent Movement (ICRM), International Development Association (IDA), International Fund for Agricultural Development (IFAD), International Finance Corporation (IFC), International Federation of Red Cross and Red Crescent Societies (IFRCS), International Labor Organization (ILO), International Monetary Fund (IMF), International Maritime Organization (IMO), Indian Ocean Commission (InOC), International Criminal Police Organization (Interpol), International Olympic Committee (IOC); International Organization for Migration (IOM), Nonaligned Movement (NAM), Organization of African Unity (OAU), United Nations (UN), United Nations Conference on Trade and Development (UNCTAD), United Nations Educational, Scientific, and Cultural Organization (UNESCO), United Nations High Commissioner for Refugees (UNHCR), United Nations Industrial Development Organization (UNIDO), Universal Postal Union (UPU), World Confederation of Labor (WCL), World Federation of Trade Unions (WFTU), World Intellectual Property Organization (WIPO), World Meteorological Organization (WMO), World Tourism Organization (WToO), and World Trade  Organization (WTrO). Having discarded past socialist economic policies, Madagascar has since the mid 1990s followed a World Bank and IMF led policy of privatization and liberalization, which has placed the country on a slow and steady growth path. Agriculture, including fishing and forestry, is a mainstay of the economy, accounting for one-fourth of GDP and employing four-fifths of the population. Export earnings primarily are earned in the small industrial sector, which features textile manufacturing and agriculture processing. Deforestation and erosion, aggravated by the use of firewood as the primary source of fuel are serious concerns. The separatist political crisis of 2002 undermined macroeconomic stability, with the estimated drop in output being subject to a wide margin of error. Poverty reduction will be the centerpiece of economic policy for the next few years, seines how the 71% of the population are below the poverty line. Of all final goods and services produced within a nation in a given year, the value comes from 63% services, 25% agriculture, and 12% industry. Services consist of the telephone system, air and rail transportation, tourism, and retail sale. Industry consists of meat processing, soap, breweries, tanneries, sugar, textiles, glassware, cement, automobile assembly, paper, petroleum. Agricultural produces mostly coffee, vanilla, shellfish, sugar, cotton, mining, and petroleum products. A unique blend of African and Asian landscapes and cultures is usually one of the first things recognized by first-time travelers to Madagascar. In the zebu cattle-raising regions of the south and west, for example, the savannas resemble those of East Africa. In the central highlands, however, irrigated and terraced rice fields evoke images of Southeast Asia. These contrasting images lie at the heart of an ongoing debate over the origins of the Malagasy people. According to one theory, peoples from the Indonesian archipelago migrated along the coast of south Asia, across the Arabian Peninsula into the east coast of Africa and, finally, across the Mozambique Channel into present-day Madagascar. This movement occurred over several generations and, because of the gradual interaction between Asian and African populations, led to the  arrival and eventual implantation of a distinct Malagasy people and culture. A second theory emphasizes the diversity of the peoples inhabiting Madagascar. Simply put, proponents argue that the Malagasy resulted from a series of migrations by different peoples over time. According to this theory, migrants from the Indonesian archipelago arrived first and eventually settled in the central highlands, followed by the arrival of African peoples as a result of normal migrational trends and the rise of the slave trade. Recent scholarship has suggested that perhaps the theories are complementary, with greater emphasis b eing placed on the first. Scholars traditionally have described Madagascar as being divided into eighteen or twenty ethnic groups, each with its own distinct territory; political developments in the contemporary period are often described in terms of ethnic conflict. Yet ethnicity is potentially misleading in the Malagasy context because it connotes a more or less self-sufficient and unique cultural, socioeconomic, and historically united group that perceives itself as being different from other groups. Another potentially valuable method of analyzing Malagasy society is to differentiate between the so-called cotiers, or peoples living in coastal areas, and those who live in the central highlands. Indeed, scholars have noted in recent years that the salience of ethnic group identity has declined, while the division between the central highlands peoples and the cotiers continues to be of great importance in understanding social and political competition. Although many observers equate the term central highlander with the Merina ethnic group (once again suggesting the importance of ethnicity), it is important to note that the Betsileo people also live within this region, and the Merina themselves have settled in other regions of the country. Equally important, many cotiers do not live anywhere near the coast. In this sense, the central highlands/cotier split is best understood as the historical outcome of the domination of the Merina empire, the original center of which was Imerina (a round the city of Antananarivo) and was located in the central highlands.

Livoria

Livoria deliver enjoyable experience to vacationers 2. Livoria is socially responsible that always exceeds environmental and safety regulations 3. Crew members , vacationers and marine life are safe during the journey 4. The services on cruise are high quality but affordable Leveraging (S-O Strategies) Livoria's strong brand in safety can take advantage of the growth in tourism industry and strengthen economy in Canada. After acquiring Natural Splendour, Livoria can offer mix of products that can satisfy both vacationers who value for price and for special amenities.The steady growth in revenue and income has developed a strong financial fundamental for Livoria to expand the business in Canada. Constraints (W-O Strategies) Ineffective and inefficient promotion strategies become constraints for Livorla to get full benefit of strong demand in cruise. Because of the lack of web-based booking system, Livoria only can rely on Sales agent for booking. This not only cause Livoria to miss th e opportunity to capture Saleslers who prefer booking online, but also increases the passenger acquisition cost. Even worst, Livoria attracts younger people ho less willing to spend on cruises.Vulnerability (S-T Strategies) As Livoria is known as outstanding safety among competitors, It can give confident to vacationers that the probability of on-board outbreak of disease In the cruise Is minimal. Its unique services such as whale watching and ports of call can serve a niche market In cruise Industry. This allows Llvorla to compete with large brand operators in the market. Problem (W-T Strategies) Canadian market Is relatively small for cruise Industry and the Industry Is already dominated by large cruise ships and large brand operators. The competitive force among rivals Is very Intense..The accident of Sandwich causes Llvorla over 3 Millions repair cost. In the future, Sandwich will still potentially harm Llvorla's financial stability as Its damage Insurance coverage Is Ilmlted. L lvorla's high operation cost and Ineffective marketing strategies can drive It out of the business easily. Issue Terrorist attack Is a severer external threat for Llvorla. Base on the effects of the past terrorist attacks, Llvorla's revenue Is expected to drop around 35% In 2011. Fortunately, the effect should only last for a year. In addltlon, the accident ofSandwich will Increase the repair cost for Llvorla In 2011. Comblnlng with the affect Llvorla's financial health. If management does not have contingency plan, Llvorla Is expected to have 32. 4M record losses In 2011. Current financial situation In 2010 fiscal year, Llvorla performed better than planned. Total passenger was almost 2% more than planned. Revenue was 6. 6% more than budgeted, so was net Income 15. 7%. (Appendix 2) Given the terrorist attack Incident and 6 Millions repair cos n 2011, solvency ana llqu101ty 0T Llvorla are Delng concerned. I ne current long term debt to equity is 1. which implies that Livoria has ris k of overleveraging. Fortunately, Income before tax and interest is 6. 43 times interest expense and current asset is 1. 75 times current liability. Moreover, Livoria has over 10 Million cash and marketable securities which is enough to pay off repair cost and interest expense next year. This conclude that the solvency and liquidity of Livoria is not an issue. Comparing over the course of 4 years, Livoria recorded increase in revenue, expense and net income. However, in 2010 fiscal year, the annually growth rate of revenue is lower compare to 2009 (13% vs. 31%).This also causes the annually growth rate of net income drop from 67% in 2009 to 33% in 2010. Given both cruises, Sandwich and natural Splendour were operating at more than 90% capacity, even there was no terrorist attack incident, Livoria would not have impressive growth in number of passengers in the near future. Assumptions: 1) Direct material, credit card and Sales agent commission is variable to revenue. Thus, if revenue drops 35%, so does these variable costs. 2) Dry dock revenue stays the same as maintenance works should be performed no matter good or bad season. 3) Livoria can book 2.M in capital gain by selling the dry dock 4) All maintenance, refurbishment and repair for Sandwich can be finished before the beginning of May next year. Thus, Sandwich can service in 2011 cruise season 5) Termination cost for all kinds of labour are also $6,000 each 6) Training cost for unskilled labours is $1,000 each. Alternative: 1) Divesting the Fraser dry dock. Pro: During the economic downturn, it is wise to spin off non-core business, so that company can focus its limited resources to improve its core business. Dry dock business is non-core business for Livoria. It only contributed 8. of company's total revenue in 2010. If removing inter-division transaction and associated direct material cost, dry dock actually reported 667 thousands loss. Con: Selling price for dry dock is only 4. 3 Million which is not e nough to cover the estimated repair cost for Sandwich in 2011. Later on, Livoria has to spend two Million on refurbishment every year. More importantly, reputation for safety is core competency of Livoria. Livoria is relying this to stay competitive in the market. Livoria can no longer ensure maintenance works are well performed and exceed regulation standards if it contracts the maintenance ork out.The effects on project 2011 net income for divesting dry dock; Divesting dry dock will worse off than status quo. 2) Target more profitable market segment Base on customer survey conducted in 2010, Annual family income of our customers is $72 thousand vs. $78 thousand in the industry. It is mainly because we have more customers who under 40 years old than the industry (40% vs. 29%). The revenue per passengers per day for this group is only $209 vs. $334 for 40 to 60 years old group. In aaaltlon, we naa OITTlcult to attract repeat customers. I nere was only customers were repeated vs. % i n the industry. Each repeat customer can generate $2000 vs. $1800 from first timer. The effects on project 2011 net income for aligning customer mix to industry average: Net Income before tax (691. 15) 3) Hire unskilled crew and hospitality from underdeveloped countries. Pro: It is a W-T strategy that prevents firm's weakness from intense competition in the industry. Because of registering in Canada, Livoria has higher operating costs than competitors. By hiring employees in underdeveloped which commonly practice in all kinds of businesses, Livoria can lower its labour cost by 30%.It is critical for Livoria to stay competitive in the industry. Con: Experienced crew is rare and invaluable. By swapping all experienced crew by unskilled labour, Livoria may risk losing its core competency – reputation of safety. Moreover, this may also affect our quality of service. Superior service is also critical to survive in the industry as well. Furthermore, termination and training costs c an offset the benefits of labour cost saving. The effects on project 2011 net income for hiring unskilled labour Net Income before tax. Livoria Key Success Factors 1. Livoria deliver enjoyable experience to vacationers 2. Livoria is socially responsible that always exceeds environmental and safety regulations 3. Crew members , vacationers and marine life are safe during the journey 4. The services on cruise are high quality but affordable Leveraging (S-O Strategies)Livoria’s strong brand in safety can take advantage of the growth in tourism industry and strengthen economy in Canada. After acquiring Natural Splendour, Livoria can offer mix of products that can satisfy both vacationers who value for price and for special amenities. The steady growth in revenue and income has developed a strong financial fundamental for Livoria to expand the business in Canada. Constraints (W-O Strategies)Ineffective and inefficient promotion strategies become constraints for Livoria to get full benefit of strong demand in cruise. Because of the lack of web-based booking system, Livoria only can rely on Sales agent for booking. This not only cause Livoria to miss the opportunity to capture Saleslers who prefer booking online, but also increases the passenger acquisition cost. Even worst, Livoria attracts younger people who less willing to spend on cruises. Vulnerability (S-T Strategies)As Livoria is known as outstanding safety among competitors, it can give confident to vacationers that the probability of on-board outbreak of disease in the cruise is minimal. Its unique services such as whale watching and ports of call can serve a niche market in cruise industry. This allows Livoria to compete with large brand operators in the market. Problem (W-T Strategies)Canadian market is relatively small for cruise industry and the industry is already dominated by large cruise ships and large brand operators. The competitive force among rivals is very intense. . The accident of Sandwich causes Livoria over 3 Millions repair cost. In the future, Sandwich will still potentially harm Livoria’s financial stability as its d amage insurance coverage is limited. Livoria’s high operation cost and ineffective marketing  strategies can drive it out of the business easily.Issue Terrorist attack is a severer external threat for Livoria. Base on the effects of the past terrorist attacks, Livoria’s revenue is expected to drop around 35% in 2011. Fortunately, the effect should only last for a year. In addition, the accident of Sandwich will increase the repair cost for Livoria in 2011. Combining with the scheduled refurbishment, the repair cost can reach 6 Million. This will seriously affect Livoria’s financial health. If management does not have contingency plan, Livoria is expected to have $2.4M record losses in 2011. Current financial situationIn 2010 fiscal year, Livoria performed better than planned. Total passenger was almost 2% more than planned. Revenue was 6.6% more than budgeted, so was net income 15.7%. (Appendix 2) Given the terrorist attack incident and 6 Millions repair cost in 2011, solvency and liquidity of Livoria are being concerned. The current long term debt to equity is 1.23 which implies that Livoria has risk of overleveraging. Fortunately, Income before tax and interest is 6.43 times interest expense and current asset is 1.75 times current liability.Moreover, Livoria has over 10 Million cash and marketable securities which is enough to pay off repair cost and interest expense next year. This conclude that the solvency and liquidity of Livoria is not an issue. Comparing over the course of 4 years, Livoria recorded increase in revenue, expense and net income. However, in 2010 fiscal year, the annually growth rate of revenue is lower compare to 2009 (13% vs. 31%). This also causes the annually growth rate of net income drop from 67% in 2009 to 33% in 2010. Given both cruises, Sandwich and natural Splendour were operating at more than 90% capacity, even there was no terrorist attack incident, Livoria would not have impressive growth in number of pa ssengers in the near future.Assumptions: 1) Direct material, credit card and Sales agent commission is variable to revenue. Thus, if revenue drops 35%, so does these variable costs. 2) Dry dock revenue stays the same as maintenance works should be performed no  matter good or bad season. 3) Livoria can book 2.3 M in capital gain by selling the dry dock 4) All maintenance, refurbishment and repair for Sandwich can be finished before the beginning of May next year. Thus, Sandwich can service in 2011 cruise season 5) Termination cost for all kinds of labour are also $6,000 each 6) Training cost for unskilled labours is $1,000 each.Alternative: 1) Divesting the Fraser dry dock. Pro: During the economic downturn, it is wise to spin off non-core business, so that company can focus its limited resources to improve its core business. Dry dock business is non-core business for Livoria. It only contributed 8.5% of company’s total revenue in 2010. If removing inter-division transactio n and associated direct material cost, dry dock actually reported 667 thousands loss. Con: Selling price for dry dock is only 4.3 Million which is not enough to cover the estimated repair cost for Sandwich in 2011. Later on, Livoria has to spend two Million on refurbishment every year. More importantly, reputation for safety is core competency of Livoria.Livoria is relying this to stay competitive in the market. Livoria can no longer ensure maintenance works are well performed and exceed regulation standards if it contracts the maintenance work out. The effects on project 2011 net income for divesting dry dock; Divesting dry dock will worse off than status quo.2) Target more profitable market segment Base on customer survey conducted in 2010, Annual family income of our customers is $72 thousand vs. $78 thousand in the industry. It is mainly because we have more customers who under 40 years old than the industry (40% vs. 29%). The revenue per passengers per day for this group is onl y $209 vs. $334 for 40 to 60 years old group. In addition, we had difficult to attract repeat customers. There was only 20% of customers were repeated vs. 40% in the industry. Each repeat customer can generate $2000 vs. $1800 from first timer. The effects on project 2011 net income for aligning customer mix to industry average: Net Income before tax  $ (691.15)3) Hire unskilled crew and hospitality from underdeveloped countries. Pro: It is a W-T strategy that prevents firm’s weakness from intense competition in the industry. Because of registering in Canada, Livoria has higher operating costs than competitors. By hiring employees in underdeveloped which commonly practice in all kinds of businesses, Livoria can lower its labour cost by 30%. It is critical for Livoria to stay competitive in the industry. Con: Experienced crew is rare and invaluable. By swapping all experienced crew by unskilled labour, Livoria may risk losing its core competency – reputation of safety. Moreover, this may also affect our quality of service. Superior service is also critical to survive in the industry as well. Furthermore, termination and training costs can offset the benefits of labour cost saving.The effects on project 2011 net income for hiring unskilled labour Net Income before tax  $ (3,550.04)