Important Female Artists of the Surrealist Movement

Founded in 1924 by writer and poet Andrà © Breton, the Surrealist group was comprised of artists whom Breton had handpicked. However, the movements ideas, which focused on exposing the subconscious through exercises like automatic drawing, were not contained to the select few whom Breton capriciously favored or shunned. Its influence was worldwide and found its strongest outposts in Mexico, the United States, Europe, and Northern Africa. Due to Surrealism’s reputation as a male discipline, female artists are often written out of its story. Yet the work of these five female artists upends the traditional narrative about Surrealism’s focus on objectifying the female body, and their participation in the movement is testament to the fact that the Surrealist ethos was more expansive than art history has previously assumed. Leonor Fini Leonor Fini was born in Argentina in 1907, but she spent her youth in Trieste, Italy after her mother fled an unhappy marriage to Fini’s father. As an adult, Fini became well-acquainted with the Surrealist group in Paris, befriending figures such as Max Ernst and Dorothea Tanning. Her work was exhibited in MoMA’s seminal 1937 â€Å"Fantastic Art, Dada, and Surrealism† show. Fini was taken by the idea of the androgyne, with which she identified. Her lifestyle was in keeping with her unconventional approach to gender, as she lived in a menage-à  -trois with two men for over forty years. She spent summers in a rundown castle on Corsica, where she gave elaborate costume parties, for which her guests would plan for months. Leonor Fini with one of her paintings. Francis Apesteguy/Getty Images Finis work often featured female protagonists in positions of dominance. She illustrated erotic fiction and designed costumes for her friends’ plays. She would also design her own costumes for social events. Her often over-the-top self image was photographed by some of the era’s most well known photographers, including Carl van Vechten. Perhaps Fini’s greatest commercial success was in designing the perfume bottle for Elsa Schiaparellis â€Å"Shocking† perfume. The bottle was made to look like the naked torso of a woman; the design has been mimicked for decades. Dorothea Tanning Dorothea Tanning was born in 1911 and grew up in Galesburg, Illinois, the daughter of Swedish immigrants. Stifled by a strict childhood, the young Tanning escaped into literature, becoming acquainted with the world of European arts and letters through books. Confident that she was destined to become an artist, Tanning dropped out of the Art Institute of Chicago in favor of living in New York. MoMA’s 1937 â€Å"Fantastic Art, Dada, and Surrealism† cemented her commitment to Surrealism. It was not until years later that she became close to some of its key characters, when many moved to New York to escape the growing hostility in Europe due to the Second World War. Portrait of Dorothea Tanning, 1955.   Michael Ochs Archives/Getty Images When visiting Tanning’s studio on behalf of his wife Peggy Guggenheim’s â€Å"Art of this Century† Gallery, Max Ernst met Tanning and was impressed with her work. They became fast friends, and eventually married in 1946, after Ernst had divorced Guggenheim. The couple moved to Sedona, Arizona and lived among a cohort of fellow Surrealists. Tanning’s output was varied, as her career spanned around eighty years. Although she is perhaps best known for her paintings, Tanning also turned to costume design, sculpture, prose, and poetry. She has a large body of work consisting of plush humanoid sculptures, which she was known to use in installations throughout the 1970s. She died in 2012 at age 101. Leonora Carrington Leonora Carrington was born in the United Kingdom in 1917. She briefly attended the Chelsea School of Art, then transferred to Londons Ozenfant Academy of Fine Arts. She met Max Ernst in her early twenties and soon moved with him to the south of France. Ernst was arrested by the French authorities for being a hostile alien and later by the Nazis for producing degenerate art. Carrington suffered a nervous breakdown and was hospitalized at an asylum in Spain. Her only means of escape was to marry, so she married a Mexican diplomat and left for the United States, where she was reunited with many of the Surrealists in exile in New York. She soon moved to Mexico, where she helped to found the Womens Liberation Movement and ultimately spent the rest of her life. Carringtons work centers on symbols of mysticism and sorcery, and often deals with significant recurring images. Carrington also wrote fiction, including The Hearing Trumpet (1976), for which she is best known. Sculpture by Leonora Carrington in Mexico City.    Meret Oppenheim Swiss artist Meret Oppenheim was born in Berlin in 1913. At the outbreak of the First World War, her family moved to Switzerland, where she began to study art before moving to Paris. It was in Paris that she became acquainted with the Surrealist circle. She knew Andrà © Breton, was briefly romantically involved with Max Ernst, and modeled for Man Ray’s photographs. Oppenheim was best known for her assemblage sculpture, which brought together disparate found objects in order to make a point. She is most famous for her Dà ©jeuner en Fourrure also called Objet, a teacup lined in fur, which was exhibited at MoMA’s â€Å"Fantastic Art, Dada, and Surrealism† and was reportedly the first addition to the collection of the Museum of Modern Art by a woman. Objet became an icon of the Surrealist movement, and though it is responsible for Oppenheim’s fame, its success has often overshadowed her other extensive work, which includes painting, sculpture, and jewelry. Though she was crippled by the early success of Objet, Oppenheim began to work again in the 1950s, after several decades. Her work ËÅ"has been the subject of numerous retrospectives around the world. Often addressing themes of female sexuality, Oppenheim’s work remains an important touchstone for understanding Surrealism as a whole. Dora Maar Dora Maar was a French Surrealist photographer. She is perhaps most famous for her photograph Pà ¨re Ubu, a closeup of an armadillo, which became an iconic image for Surrealism after it was exhibited at the International Surrealist Exhibition in London. Maars career has been overshadowed by her relationship with Pablo Picasso, who used her as muse and model for many of his paintings (most notably his â€Å"Weeping Woman† series). Picasso convinced Maar to close her photography studio, which effectively ended her career, as she was unable to revive her former reputation. However, a significant retrospective of Maars work will open at the Tate Modern in the fall of 2019. Photographs by Dora Maar of her lover, Pablo Picasso.   Getty Images Sources Alexandrian S.  Surrealist Art. London: Thames Hudson; 2007.Blumberg N. Meret Oppenheim. Encyclopedia Britannica. https://www.britannica.com/biography/Meret-Oppenheim.Crawford A. A Look Back at the Artist Dora Maar. Smithsonian. https://www.smithsonianmag.com/arts-culture/pro_art_article-180968395/. Published 2018.Leonora Carrington: National Museum of Women in the Arts. Nmwa.org. https://nmwa.org/explore/artist-profiles/leonora-carrington.Meret Oppenheim: National Museum of Women in the Arts. Nmwa.org. https://nmwa.org/explore/artist-profiles/meret-oppenheim.

Cultural Landmarks Pivotal Views And Information

There are many things in this day and age that could be defined as cultural landmarks - pivotal views and information around which our society revolves. While each of these can provide interesting and enlightening insights into our culture and social behavior, this article will be focusing on one I personally find exceedingly upsetting: gender identity. Since birth, we have been taught a certain kind of segregation - man and woman, mother and father, boys and girls - taught it as if it were fact, as if it were as concrete as a law of physics; more so, even. We are taught that gender and sex are synonyms, interchangeable, taught even less of gender divergence than we are of sexual orientation. However, recently in the media more and more prominent figures have come out as genderqueer, pushing the topic into general debate and the eyes of the public. Before one begins to learn about the largely foreign landscape that is gender, it helps to know the definitions of what exactly you are learning. The biggest one, perhaps, is the difference between gender and sex. While many (if not most) believe they are the same, the fact of the matter is it s difficult to find two more distinctly separate things. Sex is a clinical term referring to one s reproductive organs and genitalia, while gender is used to label the identity of an individual. The gender binary is a similarly integral term: the concept of man and woman as the only two genders, a concept that very deeply hurts those whoShow MoreRelatedSustainability Is A Focal Point And A Significant Part Of Life1431 Words   |  6 Pagesthe ability to meet current environmental, ecological, economics, social and cultural needs without risking the ability of future generations to meet those same needs. 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Accounting Standards and Regulation

Question: Discuss about theAccounting Standards and Regulation. Answer: Introduction In the year 2015, IASB had certain changes in its conceptual framework within exposure draft ED/2015/3 (Allee et al. 2015). The objective of the paper is to discuss the factors those are required to be considered while selecting a measuring basis and discuss the importance of this conceptual framework for two clients those are supposed to be present in the Adelide office. One of the clients is a financial services company Perpetuity which is contended concerning the leans towards the increased fair value use. Another client is a huge newspaper producer The Minutiser which remains increasingly unsettled and avoids fair value accounting. The paper will intend to offer a discussion regarding the ways a managing partner can distribute to client and the accounting team. Conceptual Framework Changes by IASB and Factors to Consider When Selecting Measurement Basis The International Accounting Standards Board (IASB) has recently proposed a comprehensive Exposure Draft (ED) accounting encompassing proposals for topical aspects that requires a necessary revision and amendment of existing conceptual framework. The aspects considered in ED include proposals for revising assets and liability definitions, establishing guidance on de-recognition along with measurement and introducing a framework for disclosure and its presentation (Linsmeier 2013). The major ED is supported by ED based proposals concerning references to the conceptual framework in certain IASB pro-announcements. Under the IASB-based conceptual framework there are several factors requires to be considered while selecting a measurement basis. ED considers that while selecting a measurement basis it is vital to consider the kind of information the measurement basis will generate in the statement of financial position and financial performance statements. The measurement basis employed for financial performance requires using measurement of assets and liabilities in the financial position statement (Marshall and Lennard 2014). However, when information that is more important is to be mentioned in financial position statement through selecting some measurement basis and consideration needs to be given to either: Distinct measurement basis should be used in financial performance and financial position statement. This is implemented when incremental importance is considerable in warranting further complexity in double measurement, or Measurement basis should be selected which is most relevant in the financial position statement that will be further used in financial performance statement. This will be implemented when measurement basis employed for financial position statement is acceptable under viewpoint of performance reporting (Barker et al. 2014). ED indicates that for generating relevant information, it is vital to consider the ways asset or liabilities add to future cash flows. EFRAG states that initially selection of measurement basis needs to be considered from the financial performance reporting perspective. Such approach has an advantage like the one the measurement basis employed for financial performance is evaluated for individual rights rather than being a result of measurement basis employed for preparing statement of financial position (Gordon et al. 2015). IASB Based Conceptual Framework Related Judgments for Perpetuity Perpetuity is observed to be a financial services entity, which is highly leaned towards increased use of fair value. Increased use of fair value measurement is considered vital for financial services organization because of several reasons. Financial crisis increased the importance of having fair value measurement and this became necessary as the markets for certain financial instruments turned quite inactive (Whittington 2015). The clients increased use of fair value measurement is for the reason that it offers clear disclosure guidelines and offers several effective methods to derive fair value. Increased use of fair value measurement in Perpetuity will increase consistency and comparability along with considering the highest priority to quoted prices for assets and liabilities in active markets and decreased priority to unobservable inputs (Macve 2014). However, considering its importance in a financial services firm to maintain consistency of its financial reports and ensuring f air valuation of its assets and liabilities, Perpetuity should consider the following while using fair value measurement effectively. Specific asset or liability and consistency with its unit of account which is a subject of measurement The principal or beneficial market for asset and liabilities for its measurement and will offer consistency with its highest efficient implementation Valuation premises for a non-financial asset that is suitable Suitable valuation technique for measurement considering information availability that will be used to produce inputs (Shang 2015). This will further represent assumptions used by market participants for asset or liability pricing and the level of fair value hierarchy in which inputs are categorized. IASB Based Conceptual Framework Related Judgment for The Minutiser The Minutiser is observed to be a newspaper manufacturer that remains quite unsettled and tends to remain detached from fair value accounting. This can be because of the reason that the company is not sure whether such accounting technique is desirable for manufacturing companies those posses tangible and intangible assets with distinct risk characteristics than their primarily financial liabilities (Whittington 2015). Fair value accounting is deemed necessary for all listed companies other than financial services company. It is considered that the newspaper manufacturing company should implement fair value accounting, as it will help in making the companys financial information more accurate. Moreover, adopting fair value accounting will help in decreasing the companys tendency to manipulate its reported net income (Linsmeier 2013). As the newspaper-manufacturing business undertakes its economic activity, it adds value to the offerings in which it deals. This accounting technique can serve as best possible measurement aspect in order to induce companys management to prepare voluntary disclosures and for making investors aware of the vital questions to be asked to management. Conclusion The paper intended to offer a discussion regarding the ways a managing partner can distribute to client and the accounting team. It was gathered that the aspects considered in IASB proposed ED incorporate proposals for revising assets and liability definitions, establishing regulation on de-recognition alongside measurement and introducing a structure for disclosure and its presentation. Moreover, it was observed that as per ED before selecting a measurement basis it is imperative to consider the type of information the measurement basis will create in the statement of financial position and financial performance. Reference List Allee, K., Campbell, J., Curtis, A., Hales, J., Jorgensen, B., Krische, S., Rees, L., Sunder, J. and Wang, C., 2015. Response to the IASB Invitation to Comment: Conceptual Framework for Financial Reporting (ED/2015/3). Review of Accounting Studies,8(3), pp.76-82. Barker, R., Lennard, A., Nobes, C., Trombetta, M. and Walton, P., 2014. Response of the EAA financial reporting standards committee to the IASB discussion paper A review of the conceptual framework for financial reporting.Accounting in Europe,11(2), pp.149-184. Gordon, E.A., Bischof, J., Daske, H., Munter, P., Saka, C., Smith, K.J. and Venter, E.R., 2015. The IASB's Discussion Paper on the Conceptual Framework for Financial Reporting: A Commentary and Research Review.Journal of International Financial Management Accounting,26(1), pp.72-110. Linsmeier, T.J., 2013. A Standard setters framework for selecting between fair value and historical cost measurement attributes: a basis for discussion of Does fair value accounting for nonfinancial assets pass the market test?.Review of Accounting Studies,18(3), pp.776-782. Macve, R., 2014. What should be the nature and role of a revised Conceptual Framework for International Accounting Standards?.China Journal of Accounting Studies,2(2), pp.77-95. Marshall, R. and Lennard, A., 2014. The Reporting Of Income and Expense and the Choice of Measurement Bases.Accounting Horizons, 9(7), p. 89. Shang, T., 2015. The Latest Progress of the Conceptual Framework.Modern Economy,6(6), p.694. Whittington, G., 2015. Fair value and IFRS.The Routledge Companion to Financial Accounting Theory, Routledge, London, 9(6), pp.217-235.

The Generation X Leadership Style

The Generation Xers are the people born after the 1980 and before 2000 They are the generation that enters into leadership position, succeeding their predecessors, the â€Å"Baby boomers†. The generation Xers have already entered into the leadership position, especially in the middle level and the some in higher-level of management. Hence, it is important to understand the value system that this generation holds and how this affects their leadership style.Advertising We will write a custom essay sample on The Generation X Leadership Style specifically for you for only $16.05 $11/page Learn More Value system of two people from two different age groups – one in twenties and the other in forties – differs greatly. The Generation Xers are more independent, self-sufficient, and self-motivated people as compared to their predecessors, the Baby Boomers, who were assiduous and favored steady work atmosphere. One of the most important aspects of the Generation Xers is their lifestyle, which is significantly different from that of the Baby boomers. Generation Xers, unlike their precursors, are in search of work satisfaction than simply working hard. In order to attain greater satisfaction with their jobs, they often tend to look for better opportunities. For this reason, generation Xers are loyal to their job rather than their company. Further, Generation Xers require a high degree of autonomy in the work they do, and micromanagement is no longer an option for managing this generation of people. Further, they enjoy flexibility in their job and lifestyle and are self-driven; hence, strong leadership is not always a requirement for this generation. This generation is also tech-savvy and is good at adapting to the changing needs of the technology. Further, this generation grew up with technology and information age, hence, are more open to adapt to the ever-changing technological world of today. Generation Xers are the ones who have broken the Maslow hierarchy and tend to strive for efficiency in order to achieve highly at work without sacrificing their quality of life. This is the reason they are often less involved with their jobs. For this generation of people, job satisfaction has more impact than simply promotions. They are also concerned greatly with personal space, where family, leisure, and lifestyle have a great importance. As work life balance is an important element in the value system of the Generation Xers, it is important that the leadership style should be considerate of this aspect. This importance of work life balance arises from their parent’s decision to be immersed in work, which has created a new generation of people who feel quality of life is to be better. Further, the Generation Xers are self-reliant. Though they are open to discussion, they prefer to work alone, without being micromanaged. The present day leadership style should be attuned to this process. Hence, the wo rks are to be done based on deadlines and outcomes rather than micro monitoring of the work and constant vigilance.Advertising Looking for essay on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More The new emerging leadership will create team based work environments and will ensure open communication among members. They will encourage independence in work and will not tend to micromanage. They will not try to press their authority due to their position and will not expect to be followed just because they are the bosses. However, the new generation leaders will value the importance of action and will stress on efficient work and productivity. They will inculcate a culture that would defy workaholics and will ensure that office as well as private life is given utmost importance. Retention will be a problem for the new generation, as it will be based on job satisfaction rather than loyalty of the workers towards their employer s. This essay on The Generation X Leadership Style was written and submitted by user Neil T. to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

Organisational Behaviour Essay Example

Organisational Behaviour Essay Example Organisational Behaviour Essay Organisational Behaviour Essay Tein, M. , Matthews. G. , and Martin, D, Management: A pacific rim focus, 4th edition, pp366, The McGraw-Hill Companies, Australia Answers. com, 2008, Ability, ; answers. com/Ability; QANTAS, (2008, Feburuary 5), ITS NATURAL TO FLY CARBON NEUTRAL WITH THE QANTAS GROUP, OURhotel, 44-45 Johnson. C, (2008, Feburuary 14), Refillable packaging saves consumers and the environment, Packaging, 22 OURhotel, (2008, Feburuary 5), Climate change, the future in our hand, OURhotel, 40-42 McShane. S. Travaglione. T, Organisational Behaviour on the Pacific Rim, Enhanced edition, p38-41 The McGraw-Hill Companies, Australia Gibson. J. L. , Ivancevich. J. M. , Donnelly. J. H. And Konopaske. R, Organiszations, Behaviour, Structure, Processes, 12th edition, The McGraw-Hill Companies, Americas, New York.

Farewell My Concubine essays

Farewell My Concubine essays There are many themes that permeate Chen Kaiges film, Farewell My Concubine. Fore the purposes of this paper they will be presented in three parts: historical perspective, sexual identity and relationships, and social commentary/criticism. Although some critics of the film make the argument that the film is not about a historical perspective, but rather on sexual identity and human relationships, it is not possible to altogether excuse the historical elements of the film, because there are few and the ones shown are extremely critical to the other themes the movie presents. So then one must question not whether these historical scenes are important in analyzing the film, but why was each historical event selected to be used, and how does it add to the other themes of sexual identity, relationship interaction, and social commentary and criticism? While the films main plot follows the relationship between two Beijing Opera stars, Duan Xiaolou and Cheng Dieyi, from their childhood to old age, there are also many subplots, such as the fragmentation of their relationship as a result of Duans marriage to Juxian and the historical events that challenged their loyalty to each other in the face of physical and emotional torture. It is the combination of all of these plots in the context of the three thematic approaches presented in this paper that the full effect of Chen Kaiges film may be realized. Historically, Farewell My Concubine covers the time period from the late Qing dynasty to the post-Mao era, mainly focusing on two key events in Chinese history, the Japanese invasion and the Cultural Revolution. The Japanese invaded China and entered the capital of Beijing in 1937. This invasion launched the pacific front of the Second World War whose fighting didnt end until 1945 with the Americans atomic bombing of Japan. The atrocities committed by the Japanese are shown in the scenes following Duan ...

Critically examine the progress made in the equitable employees since Essay - 2

Critically examine the progress made in the equitable employees since 1968 makes links to the business and organisation - Essay Example Many industrialists then started realizing that satisfied workers are more efficient than the employees who are unsatisfied with the working conditions (Bratton and Gold, 2003). As a result, employers stated introducing voluntary programmes for the employees in order to provide them with a comfortable environment. Moreover, government started introducing basic human rights laws to protect the interests of the workers. The industries need to implement the laws regarding the safety of worker in the work places (Bratton and Gold, 2003). The factories introduced basic skills training programs to enhance the capability to work, schools at the workplaces to educate them sufficiently and also introduce voluntary social programmes for them (Kelly, 2012). Human Resource Management started as a social care within an organization and developed as a personnel management function in the 20th century. Towards the end of the 20th century, personnel management emerged as a strategy to compete in the market (Kelly, 2012). Competition in the market increased intensely and employers started reducing the number of employees and concentrated more on enhancing their efficiency through successful human resource management. Thus, the organizations changed their approach towards human resource management to gain competitive advantage in the age of rising competitors. In the first half of the 20th century, organizations started prioritizing human resource management as personnel management departments where introduced within the enterprises. Trade Unions emerged in the companies and strict work safety laws were implemented. The focus of the employers changed from the number of working hours of the employees to the productivity of workers and they concentrated on hard skills training. Industrial relations were highly criticized during the 1960’s on both employers as well as

Horticultural plant or invasive species Essay Example | Topics and Well Written Essays - 750 words

Horticultural plant or invasive species - Essay Example Description of Invasive Plant and Horticultural Plant Executive Order 13112 signed by President Clinton in 1999 provides the official perspective of what an invasive species is. The official view is that an invasive species is an alien species, which when introduced poses economic and environmental harm or poses a threat to human health. From the perspective of a lay man an invasive species can be taken as a species that does not occur naturally in a specified region, and the introduction of which leads to economic and environmental harm or is a threat to human health (Definition of Invasive Species). Invasive plants are a component of the invasive species and are considered those plants that are introduced into new habitats from other places and pose economic or environmental problems in their new habitats (Beaulieu, 2008). Horticultural plants on the other hand are those plants that are grown for fruits, vegetables, flowers or as ornamental plants to increase the beauty and ambience (Beaulieu, 2008).

Bringing Home Adam Essay Example for Free

Bringing Home Adam Essay Adam Walsh in his book â€Å"Bringing Adam Home† conveys different important information concerning people and the society they dwell. This book is based on Mathew Joe’s experience in his investigation for the murder and abduction. The book suddenly reveals the cases of abduction and murder that the world at large gets to be no longer innocent wit. Bring Adam Home is a definitive story about a six year old Adam Walsh who was kidnapped, raped, and murdered in 1981. It explains how Adam stopped by the local store to get some new lamps. He was captivated by a video game at the entrance of the store and begged his mother, Reve, to allow him try it out while she shopped. However, his mother never found him when she returned a few minutes later. His body was later found mutilated in a drainage canal. The book details the botched investigations conducted by the police that prevented discovery of the killer for nearly twenty seven years. The book is one of the finest true-crime stories that can be related to Thomas Thompson’s Blood and Money of 1976. Les Standiford is the author of the story that exposes notoriety of the case. He has authored other nonfiction books and novels such as The Man Who Invented Christmas that was released in 2008. Bring Adam Home tells the story of the young boy’s abduction with the help of detective Joe Matthews, who eventually solved the case. The detective was working for John Walsh’s TV show, America’s Most Wanted, while investigating the case. The book gives a meticulous recount of the events leading up to the kidnapping of Adam from a Sears store at the Hollywood Mall in Hollywood, Florida. It illustrates the unsuccessful search for the missing boy leading to the subsequent location of his severed head bobbing in a canal miles away. The shock of Adam’s abduction and murder, as well as failure by the police to find the killer, was the most consequential in American history. Efforts of the parents of the young boy, John and Reve Walsh, revolutionized the justice system on crimes involving missing and murdered children. It influenced the way local, state and federal authorities investigate such cases. During the time of Adam’s abduction and murder, there were no Amber Alerts and the National Center for Missing and Exploited Children was nonexistent. In addition, the federal government did not have the pedophile registry or a database for crimes against children. It was a time when children received little attention as they played outside all day. Before his abduction, Adam was playing video game in a departmental store. The report of Adam’s abduction and eventual death led to investigations conducted by detectives from Hollywood Police Department. Detective Matthews joined the investigation team from Miami Beach Police department. Two years after the death of the boy, an illiterate arsonist, Ottis Toole, admitted to kidnapping and killing Adam. The police got this revelation during questioning about several unresolved murders. Toole was later convicted as a serial killer, but Adam’s case was not included among the crimes he had committed. There was a time Toole recanted his confession. However, he admitted to committing the crime several times later. In his confession, Toole explained that he took Adam to raise him as his own child. He only killed him when he found out that Adam could identify him. There are several reasons that resulted in failure by the police to issue charges against Ottis Toole. More prominently, the police failed in their work in correctly documenting the findings. This led to their eventual failure in the gathering of the physical evidence. Therefore, a warrant of arrest was never issued against Ottis Toole leading to dismissal of his confession. Several other facts clearly demonstrated that Toole was the culprit. Firstly, he was the only person who gave twenty five independent confessions connecting him to the crime. Secondly, Toole had detailed information concerning the crime scene that would only be known by the killer. Thirdly, scores of eyewitnesses identified Toole as the killer. The book outlines the tireless work done by the bereaved parents in search for justice on behalf of other missing children. The main attraction of the book is the investigation of the Hollywood Police Department that exposes the bulging of the investigators that had previously worked on the case. Standiford and Matthews carefully builds the case against the police. They provide details that contain numerous leads that were disregarded during the initial investigation. These included some obvious questions that were never asked, a number of crucial witnesses that were ignored, and details concerning incomplete or falsified reports. In addition, the fresh investigation of the investigators exposed evidence that was never examined and a number of vital evidence that got lost. The book exposes the most damning revelation concerning ignorance of the Hollywood police on repeated confessions by a serial killer. The killer had detailed information concerning the crime that was never made public. However, he was never tried for the crime despite confessing to the boy’s murder. The author does not bend facts to show his artistic skills. He details factual information and is not self-consciously literary. The spilling of the narrative follows a matter-of-fact style. This is an excellent choice for a narrative laced with so much mistrust, heartbreak, perversion, and gore. The authors also exposed names of several people that were never mentioned in the initial investigation. The authors recount how detective Matthews was, on numerous occasions, stonewalled by other detectives and superiors from the Hollywood police department. This occurred when he was on loan from Miami Beach Police department as a detective to assist in investigating the case. He was further frustrated when he accepted to assist the desperate parents in investigating the case afresh. It seems the Hollywood detectives and their superiors had ulterior motives of frustrating the cause of justice for the case. Moreover, the disappearance of the boy had attracted national attention with the media being at the fore front. Joe Matthews was a topnotch homicide detective who was entrusted the responsibility of unraveling who had killed the boy. However, his concerns on disorganization witnessed at the station handling the case went ignored. There was a time he was excused from the case after suffering a nasty road accident. The case was further groped by new revelations on shotgun accusations and lack of any tangible leads. This was until Ottis Toole, a convicted serial killer admitted to the murder. The investigations dragged for two decades before Matthews got access to all information on the case files. On scrutinizing the information, the detective found out what he had long suspected. The case files showed that there had been sufficient evidence to prosecute the killer of the young boy. Unfortunately, the said killer, Ottis Toole, had died in prison in 1996. He died of liver failure at the age of forty nine. He had confessed earlier to the killings and other grisly crimes. It was hurting for a country that has arguably the best justice system to allow the grieving parents of a murdered child to lead investigations that would culminate to the deserved justice. One may wonder why the case took that long without finding justice. There are several reasons that may have jeopardized the quality of investigations into convicting the actual culprit. During the time period when the crime occurred, DNA forensic technology was still rudimental. This could have been the reason why Toole was not charged for the murder despite loads of evidence linking him to the crime scene. The Hollywood Police Department was highly respected at the time of the crime. Failure by the department to effectively solve Adam’s case may have been caused by assigning wrong detectives to work on the case. The lead investigator failed to perform his duty as the investigation was marred with claims of laxity and lack of proper supervision. The assigned leader of the investigation team was very territorial. This is evidenced by his refusal to consider inputs made by other detectives, especially Joe Matthews. The case would have been closed twenty five years earlier had he put into consideration all the findings. Though nothing could have been done to prevent the abduction, the lead investigator should have solved the Adam Walsh case at the time it occurred. Adam’s father, John, later became a steadfast advocate for missing and exploited children. He was the host of America’s Most Wanted. Through his program, he championed for the transformation of law enforcement on matters pertaining to handling similar cases. The activism of the Adam’s father influenced Congress to pass the Missing Children Act in 1982. Two years later, the National Center for Missing and Exploited Children was launched. John reunited with Joe Matthews, the decorated Miami Beach homicide detective, after twenty five years of Adam’s death. It was in February, 2006, when the parents requested the detective to re-investigate the case involving their son. The investigator, armed with an arsenal of forensic tools and heartfelt intent, reopened the case and went through all the case files that contained all information pertaining to the initial investigation. After two years and nine months, Joe Matthews emerged with a 10,000 page report that exposed evidence that was never recorded or looked at by the original investigators. The findings had enough evidence to indict Ottis Toole with the abduction and murder. Bring Adam Home is an account of a crime that captured public attention. It is a story of dedication, tragedy, love, and faith. The author reveals the pain and persistence of a family determined to find justice. It reveals how police failed in their work and allowed a criminal remain without being indicted. The story shows how a determined police officer was capable of accomplishing what an entire legal system failed to achieve. It is a testimony of love shown by distraught parents who took up the cause of finding justice over twenty five years after the death of their son. Their struggle and that of detective Matthews has helped the nation develop programs dealing with the exploitation of missing children. Moreover, Adams abduction and death has had an impact on how mothers watch over their children. The themes in the book is much convincing in that, it has a lot of elements of brutality in the form of thriller. But it gets concern most on the unsympathetic characters as the lead officer could term. Also, it was portrayed as bumbling brute which was much discouraging. However, the book is made more attractive when Matthews’s works of detectives get started almost in the middle of the book. This also makes the author to recount in great details. For instance Toole confesses for the various ways of killings he made in his life and the tough readings of parents. The book is much unique in to the fact that, it confronts the readers through various horrifying natures of the world relating to the crime situations that comes to pass. However, with the clear and thorough understanding of the book, it reveals why the investigations took long in solving the crime and also where the investigation horribly went off target. Readers also come to admire the determinations of Walshes and Mathews for not giving up at an early stage until when the book comes to an end. The book is not so much perfect to some extend. This is evident when the police officer reports of the author’s quotes and even some of the information found in it, seem nauseam. After clearing the book, well, the tone is better placed. However since that period; 1981, there have been many rumors and doubts about the murder of Adam Walsh. The book leaves the reader in full world of doubt about the perpetration of the investigated crime. The book also puts the reader in a bad mood in that it disturbs the mind set of a person. The book is much graphic in its illustrations on what befallen the poor Adam. It imposes too much information on the person who was suspected to be behind the murder which is much uncalled for. For instance, if the story was about how the US handles cases of child abduction, it would stick on the issue other than giving more details of different murder, rape and other horrified acts which happened long time ago.

Divorce by Ivan Klima :: Divorce Ivan Klima Short Stories Essays

Divorce by Ivan Klima In the short story entitled â€Å"Divorce† by Ivan Klima a judge makes an important decision that will affect him for the rest of his life. The decision maybe by this man, a Judge named Martin Vacek was for the better. Loyalty and dedication is more important than lust and romance. Judge Martin Vacek displayed true honorability when he decided to stay with his wife rather than go off with a younger, more attractive, recently divorced woman. His decision completely ignored his inner most feelings. Love didn’t overcome him. This was extremely unusual. Society has showed most of the time that love can prevail over anything. According to Martin that wasn’t the case. He proves that being loyal is number one to him. The Judge proves to be a noble man and I think the choice he made was the right one. A man who has been with married for 30 years show great loyalty. When the judge has a passionate and erotic night with a slim, finely built, smooth skinned, who has not one wrinkle one her skin, and who is twenty years old you would think that he found the perfect woman. In his eyes he has but chooses not to be with her. He finds her attractive and just feels an electric impulse when he is with her and when he speaks his soft words he actually makes this woman melt like butter. Martin hasn’t experienced this reaction towards him in a long time so this woman is main him feel outrageously special. So considering all the things he displayed what would Judge Martin Vacek do when she asks him â€Å"what’s the point of such a marriage Martin?† He answers with the absolute opposite of what she wanted to hear. She was waiting for Martin to say something to let her know that she is more special than his wife, but that wasn’t the case. Due to his decision Judge Vacek loses out on an amazingly gorgeous twenty year old girl but keeps his wife of thirty years who he has no feelings for. Martin had a chance to change his mind and make her still

Understand How Groups Develop and Function

How groups develop and function This essay examines and explains how groups develop and function. Groups are a fundamental part of our lives from social to professional, from large to small, depending on their particular environment. Theories and models on group work practice There are different theories that help us understand how group works. Tuckman’s theory Dr Bruce Tuckman published his Forming Storming Norming Performing model in 1965. He added a fifth stage, Adjourning, in the 1970s.Tuckman’s theory does work in new and small groups rather than big, as it is easier to follow, observe and evaluate individual members. The facilitator can easily identify the stages the group is at, and from here he/she can lead the group to the next stage. I would associate Tuckman’s theory more with the Co-operative style of leadership, because when the group comes together, everyone has the chance to share their ideas and responsibilities. Team members’ behaviour tow ards each other is more open and supportive and working practice more fully reflects true teamwork.Trust and motivation is built between team members. Everyone agrees on methods and plans which will lead to achieving the set goals. Team roles are been formed too. Douglas Theory Douglas McGregor is the creator of the theory X and theory Y. The two theories are opposite to each other. Theory X being the pessimistic as the employee does not like work and tries to escape it whenever possible and has little or no ambition of achieving the company goals. Employee needs a directive leader. Theory X leader is results-driven, intolerant, distant, poor listener, demands, etc.Companies with Theory X leadership will usually have poor results. Theory Y is described as the optimistic model because the employee is more relaxed and can use own initiative. He/she is committed and loyal to the company and can take on responsibilities. Theory Y gives the opportunity of more leaders to be created. On t he other side, Theory Y might be difficult to be put in practice in big mass productions where more control is needed. From the both theories we can conclude that staff will contribute more to the organisation if they are treated as responsible and valued employees.Belbin Team Role Theory â€Å"A team is not a bunch of people with job titles, but a congregation of individuals, each of whom has a role which is understood by other members. Members of a team seek out certain roles and they perform most effectively in the ones that are most natural to them. † Dr. R. M. Belbin Belbin identifies nine team roles. Each team role is associated with typical behavioural and interpersonal strengths, allowable and non-allowable weaknesses that also accompany the team roles.The nine team roles are: plant, resource investigator, co-ordinator, shaper, monitor evaluator, team worker, implementer, complete finisher and specialist. Belbin’s Team Role Models are very useful in forming, ma intaining and developing a group. For example we can use it to think about team balance before recruitment starts; we can use it to highlight and so manage interpersonal differences within an existing team; and we can use it to develop ourselves as a team players. Sometimes however, despite clear roles and responsibilities, a team can still fall short of its full potential.This is when Belbin’s Team Role Models come into use to develop the team’s strengths and manage its weaknesses. To maintain strong team it is important over period of time to observe individual members, and see how they behave and contribute within the team. Then for each person we write down the key strengths and observed weaknesses. Using Belbin’s descriptions of team roles, we note the one that most accurately describes the person. After we do it for each member of the team, we need to consider which team roles are we missing from the team and which strengths.Once we are clear about the out come of our research, we then consider whether an existing team member could compensate by adopting different team role, or whether new skills need to be brought onto the team to cover weaknesses. Adair Team Theory â€Å"Leadership is the most studied subject in the world and the least understood† John Adair (2003) Adair has developed so called Action-Centred Leadership model which consist of three circles Task, Team and Individual, which overlap. The three circles overlap because: 1. To be completed the task needs a team, one person cannot achieve it. . If the team needs are not met, then the task won’t be completed and the individuals won’t be satisfied. 3. If the individuals are not satisfied, then the team will suffer and the task won’t be completed again. The conclusion is that for the team to be functioning to its high standard and to be able to achieve its goals it is important all the individuals to be satisfied, rewarded and the team to be motiva ted to reach its full potentials. Forming and maintaining a cohesive and effective group Group cohesion is a phenomenon that determines how well a group holds together.When cohesion is strong, a group will remain stable and effective, but when it is weak, the group may fall apart. To build strong group cohesion is important for the leader to be able to get to know the group members individually so that he/she can tailor an appreciation message to each individual as needed. The next important attribute is for the leader to be sincere with his employees. He needs to praise his employees, one way or another – that could be done in private or in public, and not just once or twice, has to be consistent and more frequent.At the beginning of the forming of the group the leader has to set clear goals to his employees and to make sure that these goals don’t change somewhere half way through to the group work as it may derail the team. Once the goals are set, it is important to communicate with the team not through email or memos, but verbally where the leader can ask for feedback from the team members, exchange ideas in how to achieve the set goals. Here is the stage when the team roles are being set and clarified. For the team to continue its effectiveness, the employees will need the support from their leader.The leader needs to be approachable and supportive so the group members don’t feel alone. Providing a connection between the group goals and the company’s goal will make the group members accountable, they will feel more appreciated and important in the bigger picture not only as group members, but as individuals too. All the above factors are in the core of forming and maintaining a cohesive and effective group. A team that feels comfortable working together can have an energy that creates a positive environment and work ethic that can lift a team, making it more effective.This positive environment can make team members work harder, more efficiently and more productively. The influence of the different facilitation styles At heart facilitation is about the process of helping people to explore, learn and change. Our role, when facilitating, and as facilitators, is to help groups to work together respectfully and truthfully and to help them to explore and respond to certain issues and questions. The leader's success depends on many factors, including the kind  of person he/she is,  his/hers values of management, his/hers self-confidence and competence, his/hers trust in  the team and how he/she copes with  stress.The manager's chosen facilitation style depends on such factors. Many managers feel they are  expected to make the decisions, others feel they must get their teams involved. Some have confidence in their team; others mistrust them. Particular style of facilitation will work effectively when dealing with some people rather than others. There are three styles of facilitation: directive, co-operat ive and autonomous. Directive Style When leaders tell people what to do through a series of directives, they are using a directive style of leadership.Directive leaders are focused on outcomes and productivity. They are task-oriented and driven by the need to get things done. Directive leaders are not as concerned with the feelings and emotions of their followers as they are about meeting deadlines, hitting quota and reaching goals. There is not great deal of relationship-building found with directive facilitation style. With the directive style present the employees will not feel motivated and appreciated. Employees will feel pressured and soon will lose enthusiasm. The group will not have strong cohesion and will be less effective.If we look at the Douglas’ X and Y theory, we’ll see that the directive style would be more suitable for the X employees, but it won’t be effective for Y employees as they won’t respond. The directive style does not develop fu ture leaders. Co-operative style Here the facilitator shares responsibilities with the group: the leader guides the group to become more self-directing in the various forms of learning by conferring with them. The leader prompts and helps group members to make a decision, to give meaning to experiences, to do their own confrontation, and so on.In this process, the leader shares own view which, though influential, is not final but one among many. Outcomes are always negotiated. The leader collaborates with the members of the group in devising the learning process: facilitation is co-operative. When the leader/manager uses the co-operative style the employees will feel valued and appreciated. They will want to make suggestions because they know that they will be listened to by the manager, hence they will be very motivated to perform to a high standard. The type of groups with a co-operative style leader will have very strong cohesion and will be highly effective.Team roles will be ve ry clear within such groups which will lead to achieving the set goals. Future leaders will grow in such groups. When the goals are achieved and the group is no longer needed, there will be sadness of breaking the group. Autonomous style Here the leader/manager respects the total autonomy of the group: they do not do things for them, or with them, but give them freedom to find their own way, exercising their own judgment without any intervention on the leader’s part. This does not mean the abdication of responsibility; the leader just gives the individuals a space to determine their own learning.Unfortunately, such groups will feel that they are being left and will lack direction. The autonomous style grows future leaders, but can also suffer if group members are unqualified. Why it is important to be clear about the purpose and desired outcomes for the group? When group is formed, it is important that the leader clarifies the purpose and desired outcomes for the group. The e mployees will know what is to be expected from them. Then the group can engage openly and effectively discussing how the goals will be achieved. It is also the stage when the team roles are being created.At the end of the meeting we should have clear accomplishment. Analyse the importance of participant engagement in achieving group outcomes The most important thing is what the participants in the meeting have to say. The leader has to focus on how the meeting is structured and run to make sure that everyone can participate. The leader needs to make sure that everyone feels comfortable in participating, to allow everyone to be heard, to make sure that the members feel good about their contribution, to support everyone’s ideas and not criticising.If the leader follows the steps above the group members will feel empowered about their own ideas and participation. They will stay loyal to the company and will take on responsibilities and ownership. Conclusion From this brief overv iew we can see the significance of groups and why it is important to continuously develop them –from one side, to strengthen their potential and from the other, to help the development of their individual members.They are a fundamental part of human experience and  play a crucial role both in shaping and influencing individual lives and society itself. We saw how an effective group brings humans together and how an effective group gives birth to successful leaders. Humans always will be, as groups will be too. That makes the groups one of the most important factors of our lives. The more effective the group is, the more the quality of our lives will grow. Understand How Groups Develop and Function How groups develop and function This essay examines and explains how groups develop and function. Groups are a fundamental part of our lives from social to professional, from large to small, depending on their particular environment. Theories and models on group work practice There are different theories that help us understand how group works. Tuckman’s theory Dr Bruce Tuckman published his Forming Storming Norming Performing model in 1965. He added a fifth stage, Adjourning, in the 1970s.Tuckman’s theory does work in new and small groups rather than big, as it is easier to follow, observe and evaluate individual members. The facilitator can easily identify the stages the group is at, and from here he/she can lead the group to the next stage. I would associate Tuckman’s theory more with the Co-operative style of leadership, because when the group comes together, everyone has the chance to share their ideas and responsibilities. Team members’ behaviour tow ards each other is more open and supportive and working practice more fully reflects true teamwork.Trust and motivation is built between team members. Everyone agrees on methods and plans which will lead to achieving the set goals. Team roles are been formed too. Douglas Theory Douglas McGregor is the creator of the theory X and theory Y. The two theories are opposite to each other. Theory X being the pessimistic as the employee does not like work and tries to escape it whenever possible and has little or no ambition of achieving the company goals. Employee needs a directive leader. Theory X leader is results-driven, intolerant, distant, poor listener, demands, etc.Companies with Theory X leadership will usually have poor results. Theory Y is described as the optimistic model because the employee is more relaxed and can use own initiative. He/she is committed and loyal to the company and can take on responsibilities. Theory Y gives the opportunity of more leaders to be created. On t he other side, Theory Y might be difficult to be put in practice in big mass productions where more control is needed. From the both theories we can conclude that staff will contribute more to the organisation if they are treated as responsible and valued employees.Belbin Team Role Theory â€Å"A team is not a bunch of people with job titles, but a congregation of individuals, each of whom has a role which is understood by other members. Members of a team seek out certain roles and they perform most effectively in the ones that are most natural to them. † Dr. R. M. Belbin Belbin identifies nine team roles. Each team role is associated with typical behavioural and interpersonal strengths, allowable and non-allowable weaknesses that also accompany the team roles.The nine team roles are: plant, resource investigator, co-ordinator, shaper, monitor evaluator, team worker, implementer, complete finisher and specialist. Belbin’s Team Role Models are very useful in forming, ma intaining and developing a group. For example we can use it to think about team balance before recruitment starts; we can use it to highlight and so manage interpersonal differences within an existing team; and we can use it to develop ourselves as a team players. Sometimes however, despite clear roles and responsibilities, a team can still fall short of its full potential.This is when Belbin’s Team Role Models come into use to develop the team’s strengths and manage its weaknesses. To maintain strong team it is important over period of time to observe individual members, and see how they behave and contribute within the team. Then for each person we write down the key strengths and observed weaknesses. Using Belbin’s descriptions of team roles, we note the one that most accurately describes the person. After we do it for each member of the team, we need to consider which team roles are we missing from the team and which strengths.Once we are clear about the out come of our research, we then consider whether an existing team member could compensate by adopting different team role, or whether new skills need to be brought onto the team to cover weaknesses. Adair Team Theory â€Å"Leadership is the most studied subject in the world and the least understood† John Adair (2003) Adair has developed so called Action-Centred Leadership model which consist of three circles Task, Team and Individual, which overlap. The three circles overlap because: 1. To be completed the task needs a team, one person cannot achieve it. . If the team needs are not met, then the task won’t be completed and the individuals won’t be satisfied. 3. If the individuals are not satisfied, then the team will suffer and the task won’t be completed again. The conclusion is that for the team to be functioning to its high standard and to be able to achieve its goals it is important all the individuals to be satisfied, rewarded and the team to be motiva ted to reach its full potentials. Forming and maintaining a cohesive and effective group Group cohesion is a phenomenon that determines how well a group holds together.When cohesion is strong, a group will remain stable and effective, but when it is weak, the group may fall apart. To build strong group cohesion is important for the leader to be able to get to know the group members individually so that he/she can tailor an appreciation message to each individual as needed. The next important attribute is for the leader to be sincere with his employees. He needs to praise his employees, one way or another – that could be done in private or in public, and not just once or twice, has to be consistent and more frequent.At the beginning of the forming of the group the leader has to set clear goals to his employees and to make sure that these goals don’t change somewhere half way through to the group work as it may derail the team. Once the goals are set, it is important to communicate with the team not through email or memos, but verbally where the leader can ask for feedback from the team members, exchange ideas in how to achieve the set goals. Here is the stage when the team roles are being set and clarified. For the team to continue its effectiveness, the employees will need the support from their leader.The leader needs to be approachable and supportive so the group members don’t feel alone. Providing a connection between the group goals and the company’s goal will make the group members accountable, they will feel more appreciated and important in the bigger picture not only as group members, but as individuals too. All the above factors are in the core of forming and maintaining a cohesive and effective group. A team that feels comfortable working together can have an energy that creates a positive environment and work ethic that can lift a team, making it more effective.This positive environment can make team members work harder, more efficiently and more productively. The influence of the different facilitation styles At heart facilitation is about the process of helping people to explore, learn and change. Our role, when facilitating, and as facilitators, is to help groups to work together respectfully and truthfully and to help them to explore and respond to certain issues and questions. The leader's success depends on many factors, including the kind  of person he/she is,  his/hers values of management, his/hers self-confidence and competence, his/hers trust in  the team and how he/she copes with  stress.The manager's chosen facilitation style depends on such factors. Many managers feel they are  expected to make the decisions, others feel they must get their teams involved. Some have confidence in their team; others mistrust them. Particular style of facilitation will work effectively when dealing with some people rather than others. There are three styles of facilitation: directive, co-operat ive and autonomous. Directive Style When leaders tell people what to do through a series of directives, they are using a directive style of leadership.Directive leaders are focused on outcomes and productivity. They are task-oriented and driven by the need to get things done. Directive leaders are not as concerned with the feelings and emotions of their followers as they are about meeting deadlines, hitting quota and reaching goals. There is not great deal of relationship-building found with directive facilitation style. With the directive style present the employees will not feel motivated and appreciated. Employees will feel pressured and soon will lose enthusiasm. The group will not have strong cohesion and will be less effective.If we look at the Douglas’ X and Y theory, we’ll see that the directive style would be more suitable for the X employees, but it won’t be effective for Y employees as they won’t respond. The directive style does not develop fu ture leaders. Co-operative style Here the facilitator shares responsibilities with the group: the leader guides the group to become more self-directing in the various forms of learning by conferring with them. The leader prompts and helps group members to make a decision, to give meaning to experiences, to do their own confrontation, and so on.In this process, the leader shares own view which, though influential, is not final but one among many. Outcomes are always negotiated. The leader collaborates with the members of the group in devising the learning process: facilitation is co-operative. When the leader/manager uses the co-operative style the employees will feel valued and appreciated. They will want to make suggestions because they know that they will be listened to by the manager, hence they will be very motivated to perform to a high standard. The type of groups with a co-operative style leader will have very strong cohesion and will be highly effective.Team roles will be ve ry clear within such groups which will lead to achieving the set goals. Future leaders will grow in such groups. When the goals are achieved and the group is no longer needed, there will be sadness of breaking the group. Autonomous style Here the leader/manager respects the total autonomy of the group: they do not do things for them, or with them, but give them freedom to find their own way, exercising their own judgment without any intervention on the leader’s part. This does not mean the abdication of responsibility; the leader just gives the individuals a space to determine their own learning.Unfortunately, such groups will feel that they are being left and will lack direction. The autonomous style grows future leaders, but can also suffer if group members are unqualified. Why it is important to be clear about the purpose and desired outcomes for the group? When group is formed, it is important that the leader clarifies the purpose and desired outcomes for the group. The e mployees will know what is to be expected from them. Then the group can engage openly and effectively discussing how the goals will be achieved. It is also the stage when the team roles are being created.At the end of the meeting we should have clear accomplishment. Analyse the importance of participant engagement in achieving group outcomes The most important thing is what the participants in the meeting have to say. The leader has to focus on how the meeting is structured and run to make sure that everyone can participate. The leader needs to make sure that everyone feels comfortable in participating, to allow everyone to be heard, to make sure that the members feel good about their contribution, to support everyone’s ideas and not criticising.If the leader follows the steps above the group members will feel empowered about their own ideas and participation. They will stay loyal to the company and will take on responsibilities and ownership. Conclusion From this brief overv iew we can see the significance of groups and why it is important to continuously develop them –from one side, to strengthen their potential and from the other, to help the development of their individual members.They are a fundamental part of human experience and  play a crucial role both in shaping and influencing individual lives and society itself. We saw how an effective group brings humans together and how an effective group gives birth to successful leaders. Humans always will be, as groups will be too. That makes the groups one of the most important factors of our lives. The more effective the group is, the more the quality of our lives will grow.

Agency relationship Essay

1. INTRODUCTION Agency is a fiduciary relationship created by express or implied contract or by law, in which one party (the agent) may act on behalf of another party (the principal) and bind that other party by words and/or actions. The etymology of the word agent or agency says much. The words are derived from the Latin verb ago, agere (the respective noun agens, agentis). The word denotes one who acts, a doer, force or power that accomplishes things.1 Agency is the exception to the doctrine of privity under the law of contract. 2. LIABILITY OF A PRINCIPAL AGAINST THIRD PARTIES Lord Alverstone CJ in THE QUEEN V KANE2 defined an agent simply as ‘any person who happens to act on behalf of another’. A principal is one who authorizes another to act on his or her behalf as an agent. The general rule is that where an agent makes a contract on behalf of his principal, the contract is between the principal and the third party and prima facie at common law, the only person who can sue and be sued on the contract is the principal. The agent acquires no rights under the contract, nor does he incur any obligation. Having performed his task by bringing about a contract between his principal and a third party, the agent drops out of the picture subject to any outstanding matters between him and principal.3 The onus is on the person alleging that he entered into a contract with another person through an agent to prove that in fact the agent was acting as such. Agents of the state can never be personally liable for the state’s failure to perform a contractual obligation as stated in STICKROSE (PTY) LIMITED V THE PERMANENT SECRETARY MINISTRY OF FINANCE 4. In law, agents are recognized as having the power to affect the legal rights, liabilities and relationships of the principal. In CAVMONT MERCHANT BANK v AMAKA AGRICULTURAL HOLDINGS5, the Supreme Court held that where an agent in making the contract discloses both the interest and the names of the principal on whose behalf he purports to make a contract, the agent as a general rule is not liable to the other contracting party. Apart from having the power to affect the legal rights, liabilities and relationships of the principal, the agent may also affect the legal position of his principal in other ways. For instance, he may dispose of the principal’s property in  order to transfer ownership to a third party or he may acquire property on his principal’s behalf. Sometimes the actions of the agent may make the principal criminally liable as illustrated in the case of GARDENER v ACKEROYD 6.  The rights and liabilities of principal and agent against third parties may differ according to whether the agency is disclosed or undisclosed. The distinction between disclosed and disclosed agency is important as it affects the principal’s ability to ratify the agent’s actions. Furthermore, the agent’s liability to third parties may depend on whether the agency was disclosed or not. Agency is disclosed where the agent reveals that he is acting as an agent; if the agency is disclosed it is of no legal significance that the principal is not named. If an agent contracts with a third party without disclosing that he is acting as an agent the agency is undisclosed. 7 An undisclosed principal can intervene on the contracts of an agent within his actual authority. Where an agent makes a contract disclosing the agency, the normal rule is that a direct contractual relationship is created between the principal and the third party and either party can sue the other on the contract. It is important to note that only a disclosed principal can ratify an unauthorised contract. In KEIGHLEY MAXTED v DURANT8 a principal authorized an agent to buy wheat at a given price in the joint names of the principal and the agent. Having failed to purchase wheat at that higher price, the agent bought wheat in his own name at a higher price. The principal being satisfied with this act purportedly ratified the wheat purchase agreement at a higher price but failed to take delivery of the wheat. The seller then sued the principal arguing that the sale contract had been ratified. It was held that the action could not succeed because the agent’s act was unauthorized and since the principal’s identity had not been disclosed to the sellor, the principal could not ratify and consequently was not liable on the contract. Where the principal is disclosed, he and not the agent is liable on the contract and may sue and be sued. In GADD v HOUGHTON & CO.9 Houghton & Co. sold to the buyers Gadd, a quantity of oranges under a ‘sold note’ which stated, inter alia, that ‘we have this day sold to you on  account of James Morand & Co †¦.’ and signed ‘Houghton & Co.’ The seller having failed to deliver the oranges, the buyer sued Houghton & Co for damages for non-delivery. The action failed, since by the words of the sold note Houghton & Co had clearly indicated that they were not to be personally liable. They were merely brokers. Lord Mellish stated that â€Å"where you find a person in the body of the instrument treating himself as the seller or character, you can say that he intended to bind himself.† In SUI YIN KWAN & ANOTHER v EASTERN INSURANCE CO. LTD10 it was held that the doctrine of undisclosed principal applied. Where an agent acts within his actual authority the undisclosed principal may intervene and acquire the rights/liabilities of the agent. In this case, the agents acted within their actual authority and therefore, the relatives could recover from the insurance company. Lord Lloyd summarized the law as follows: (1) an undisclosed principal may sue and be sued on a contract made by an agent on his behalf, acting within the scope of his actual authority. (2) In entering into the contract, the agent must intend to act on the principal’s behalf. (3) The agent of an undisclosed principal may also sue and be sued on the contract. (4) Any defence which the third party may have against the agent is available against his principal. (5) The terms of the contract may, expressly or by implication, exclude the principal’s right to sue, and his liability to be sued. The contract itself, or the circumstances surrounding the contract, may show that the agent is the true and only principal. Sometimes the agent contracts with third parties after disclosing the fact, that he is an agent but without disclosing the name of his principal. In such cases, the principal is bound by the contracts made on his behalf. And thus, the principal is liable to third parties for his agent’s acts done on behalf of the principal. However, such acts must be within the scope of the agent’s authority, and the unnamed principal must be in existence at the time of contract. As a matter of fact, when the agent contracts after disclosing his representative character, the contract will be the contract of the principal. For all such acts, the agent is not personally liable. However, the agent is personally liable if he declines to disclose the identity of the principal when asked by the third parties. 11  When there is undisclosed agency, the contract is initially between agent and the third party and each may enforce the contract against the other. However, if the third party later discovers the principal’s existence, he may enforce the contract against either the agent or the principal. Provided that the agent acted within the scope of his actual authority, the principal can intervene and enforce the contract against the third party. 12 3. CIRCUMSTANCES WHEN AN AGENT MAY BE HELD PERSONALLY LIABLE If an agent continues to act after his authority has been terminated, he may incur personal liability for breach of implied warranty of authority. Sometimes an agent may suffer a potential risk when his authority is terminated automatically without his knowledge. In the case of YONGE v TOYNBEE13 where solicitors were acting in litigation for a client who, unknown to them, became mentally incapacitated so that the agency was considered to be terminated. However, they continued to litigate for the client and were held liable for their breach of warrant of authority and were ordered to pay the costs of the other litigant. There are three exceptional cases where the undisclosed principal cannot sue or be sued, by the third party. The first is where the contract between the agent and the third party expressly provides that the agent is the sole principal U.K MUTUAL STEAMSHIP ASSURANCE ASSOCIATION v NEVILL14. The second is where the terms of the contract are inconsistent with agency. In HUMBLE v HUNTER15, an agent signed a charter-party in his own name and described himself as â€Å"owner† of the ship. It was held that his undisclosed principal could not sue. The third case where an undisclosed principal cannot sue is where the identity of the principal is material to the third party. One such case is where the contract made between the agent and the third party is too personal to permit an undisclosed principal to intervene, for example, contracts for personal service. In the case of SAID v BUTT16, a theatre critic knew the management of a particular theatre would not sell him a ticket because of articles he had written. He obtained a ticket through an agent. It was held that the theatre could prevent the principal from  entering the theatre. McCardie J said that â€Å"the critic could not assert a right as an undisclosed principal since, as he knew, the theatre was not willing to contract with him†. Even where the undisclosed principal’s existence is discovered, the agent remains liable on the contract and the third party may choose to enforce the contract against either principal or the agent but not both. This is known as the right of election. A third party has an elective right to sue either the agent or the principal where the agent does not disclose the principal. In BOYTER V THOMSON17 the seller instructed agents to sell on his behalf a cabin cruiser under a brokerage and agency agreement. The buyer purchased the boat thinking it was owned by the agents and he was not told that the agents were acting as such nor the name of the owner nor that the owner was not selling in the course of a business although he was aware that the boat was being sold under a brokerage arrangement. The boat proved to be unseaworthy and was unfit for the purpose for which she was purchased. The buyer sued the seller for damages which were granted. The seller appealed to the House of Lords where goods were sold by an agent acting in the course of business for an undisclosed principal the buyer was entitled to sue not only the agent but also the principal. Once the third party elects to sue one party, his option to sue the other is extinguished. However, not any action by the third party suggesting action against one party in preference for another will be construed as the exercise of the right of election. In CURTIS v WILLIAMSON18, one Boulton appearing to act on his own behalf purchased some gunpowder from the plaintiff. Later, the plaintiff discovered that Boutlton was acting on behalf of an undisclosed principal, the defendant mine owners. Boulton then filed a petition of liquidation and the plaintiff filed an affidavit in those proceedings in an attempt to recover the debt owed for the gunpowder. However, the plaintiff changed their mind and sued the defendant principal. It was held that once an undisclosed principal is discovered the third party may elect to sue that principal; and secondly, that the filing of the affidavit against the agent did not prevent the action against the principal. The third party will not be bound by an election unless he has unequivocally indicated his intention to hold one party liable and release the other. The doctrine of the undisclosed  principal exists for purposes of commercial convenience, it is important to maintain protections for the third party. In the situation where the agent has failed to pass the payment to the third party, either the principal or the third party will lose and it seems fairest to place the loss on the principal.19 4. HOW AGENCY MAY BE DETERMINED As the relationship between the agent and his principal is based on consent, actual authority is of paramount importance. An agent is only entitled to be paid if he acts within his actual authority. If he acts outside his authority he may be liable to his principal. The relationship between the principal and a third party depends on the agent’s power to bind his principal. However, what is of concern to the third party is the agent’s apparent authority as this is what he relies on in the ordinary course of events. There are several types of authority. These are: a) Express Authority – the agreement between a principal and agent may be express or implied. Express agreement may be made orally, in writing or by deed. In general, if an agent is appointed to execute a deed his appointment is by deed called a power of attorney. b) Implied Authority arises where, although a particular action is not sanctioned by express agreement between the principal and the agent, the principal is nevertheless taken to have impliedly consented to the action or transaction in question. In GARNAC GRAIN CO. v H.M.F. FAURE AND FAIRCLOUGH20 the House of Lords stated that â€Å"the relationship of principal and agent can only be established by the consent of the principal and agent. They will be taken to have consented if they have agreed to what amounts at law as a relationship even if they do not recognize it themselves and even if they have professed to disclaim it. An agent who has express authority to carry out a particular task may also have additional authority to do certain acts incidental to his authorized task For instance, an agent authorized to sell the principal’s property has implied incidental authority to sign a contract of sale.† c) Apparent Authority – a person may be bound by the acts of another done on his behalf without his consent or even in breach of an express prohibition if his words or conduct create the impression that he has authorized the other person to act on his behalf. This is described at law as â€Å"apparent agency or  authority† or â€Å"ostensible agency or authority†. The distinction between actual and apparent authority was explained by Diplock L.J. in FREEMAN & LOCKYER V. BUCKHURST PARK PROPERTIES21. â€Å"Apparent† or â€Å"ostensible† authority, is a legal relationship between the principal and the contractor created by a representation, made by the principal to the contractor, intended to be and in fact acted on by the contractor, that the agent has authority to enter on behalf of the principal into a contract of a kind within the scope of the â€Å"apparent† authority, so as to render the principal liable to perform any obligations imposed on him by such contract. To the relationship so created the agent is a stranger. He need not be (although he generally is) aware of the existence of the representation. The representation, when acted on by the contractor by entering into a contract with the agent, operates as an estoppel, preventing the principal from asserting that he is not bound by the contract. It is irrelevant whether the agent had actual authority to enter into the contract. d) Agents of Necessity – A person who acts in an emergency, for instance, to preserve the property or interest of another may be treated as an agent of necessity. His actions will be deemed to have been authorized even if no actual authority is given. Like apparent authority, an agency of necessity can arise even in the absence of consent from the principal. Agency of necessity only arises in extreme circumstances where there is actual and definite commercial necessity for the agent’s actions. The following must be satisfied for an agency of necessity to exist: (i) There must be an emergency – something unforeseen. (ii) It must be practically impossible to get instructions for the principal. (iii) The agent must act bona fide in the interest of the principal rather than to advance his own interests. He must not take advantage of the principal. (iv) The agent must act reasonably in the circumstances. e) Agency arising out of Co-habitation – It is argued that a wife has authority to pledge the credit of her husband for necessities (or vice versa). However, others argue that social conditions now make it old fashioned to suggest that actual or apparent authority should not arise  between husband and wife. The law recognizes the following as agents even though they do not bear the title of agent22: (a) Company Directors and other company officials – being an artificial person, a company has to act through human agents. Then authority to act as company agents is vested in the board of directors. This authority may be delegated to one or more executive directors by the articles of the company to allow him to manage the day-to-day operations of the company. (b) Partnerships – as a partnership has no separate legal identity from its members, every partner in a firm is an agent of the firm as well as all other partners for the purpose of the business of the firm. Thus, a partner who performs an act for the purpose of carrying out the business of the firm, binds the firm as well as the other partners. (c) Employees – may be servants working under a contract of service or an independent contractor working under a contract for services. An employee e.g. a shop assistant is the agent of the shop owner for the purposes of making a contract of sale for the owner. He has the authority to make statements about goods that are binding on the shop owner, his employer. (d) Professionals – acting on behalf of clients may be the agents of those clients. E.g. a lawyer conducting litigation is his client’s agent and may have authority to settle the case and that settlement will bind the client. Thus the lawyer, not the client, normally signs a consent judgment. Similarly, an accountant’s agreement or statement to ZRA will bind his client in accordance with agency principles. The relationship between principal and agent depends on consent. If withdrawn, the agency will automatically end, as well as the agent’s actual authority to bind the principal. An agency relationship may be terminated in the following ways: (a) By mutual consent between the agent and the principal. (b) By either party unilaterally withdrawing consent. (c) An agent may have been appointed for a fixed period of time or for a specific task or set of tasks. Once the time elapses or the task(s) is/are completed the agency will terminate. (d) By operation of law e.g. if the  performance of the agency relationship becomes illegal (e.g. one party becomes the citizen of an alien enemy) or impossible (where it will be ended by the agency contract being frustrated). Death of either party will also terminate the agency and any contract made between them. If an agent becomes insane, the relationship is automatically terminated. The bankruptcy of either the agent or the principal will also end the agency.23 The Effect of Termination vis a vis Third Parties The agent may continue to have apparent authority even if actual authority has been terminated. If the principal’s conduct is such as to suggest to a third party that the agent continues to have authority. Until the principal brings the termination of the agent’s authority to the notice of a third party, the agent may continue to have apparent authority on the strength of the principal’s representation. DREW v NUNN24 the principal became insane but his wife, who was his agent, continued to act in his name. When he recovered from his insanity he tried to disclaim liability for acts done by his wife during his insanity/incapacity. Held: The agent i.e. his wife, had apparent authority and therefore he was bound. However, where an agent’s actual authority is terminated by the principal’s death or bankruptcy the agent will automatically cease to have apparent authority.

Healthcare Professional Regulation and Criminal Liability Essays

Healthcare Professional Regulation and Criminal Liability Essays Healthcare Professional Regulation and Criminal Liability Paper Healthcare Professional Regulation and Criminal Liability Paper Research has shown that the provision of health care services often fail because the general public is not completely aware of the kind of the services that are offered by the health care professionals. At the same time, they are not aware of the statutes that regulate the conduct of the health care providers. Due to this, the paper will seek to provide an overview of the complaint process, explore the role of healthcare regulatory agencies and will identify potential criminal liability in healthcare. Finally, the paper will provide the procedure to be followed when one is a victim of professional misconduct in the healthcare system. To be specific, the essay will focus on the criminal liability that pertains to the nurses in the United States specifically the State of Iowa. Accreditation, registration, licensing and certification Each jurisdiction has its own statutes in regards to licensing, certification and registration of nurses. For one to be registered as a nurse in the United States one must have undergone through a credible education system. For instance, it is a requirement that one should undergo a hospital based diploma program which often lasts for a period of there years. In this particular program, the students are supposed to undertake classes in areas like microbiology and nutrition before proceeding to some intensive nursing classes. However, the diploma program is considered to be an outdated method to gain access to the nursing practice. An alternative to the diploma program is to obtain an associate degree in nursing. This is normally a two year course but it has now been overtaken by the four year degree program in the Bachelor of Science in Nursing (BSN). BSN is mostly preferred due to the fact that it has a more hands on approach which creates room for more research into the nursing practice (Walsh. et al, 2006). After completion of any of the above educational programs one will have to go through some licensing examination which is referenced as NCLEX-RN. This is the minimum competency that is globally acceptable. However, critics of this system feel that there is need to ensure that the BSN is the minimum competency to be a registered nurse. However, even after acquiring the minimum competency as a practicing nurse your scope of practice is normally governed by the Nurse Practice Act of the State which differ form one state to another. It is normally the obligation of the state board of nursing to come up with laws .Normally, the scope of one in the nursing practice is governed the level of education (Joseph, 2002). For instance, a registered nurse has a wider scope than that of a vocational nurse. Areas of potential criminal liability On numerous occasions registered nurses often find themselves with no option other than to walk the tight rope. This is normally the case because they are frequent victims of criminal liability. For instance, a HIV victim may claim that his or her source of infection was through a blood transfusion which was administered by a nurse. The IOWA CODE OF 2002 clearly states if the nurse does the transmission knowing that the blood is infected the she will bear the civil liability. However, the IOWA CODE provides that the complainant must provide prove of transmission and show that the nurse knew that the blood was infected (Lockwood, 2009). Another area that exposes the registered nurses to criminal liability arises when the nurses are administering the vaccines. Worth noting is the fact that, most of the vaccines have no prior prescription form the doctors. In such cases, the nurses do act against Article 28 of the Physicians act. However, this is no longer a big issue to the nurses because of the recent amendment of the Article 4 of the Communicable Disease Control Act. The act provides that registered nurses shall not be prosecuted for violation of Article 28 whenever they are administering vaccines. However, but this dose not guarantee immunity to the nurses whenever they are involved in some malicious malpractice as provided by the law. In addition, nurses can also be liable for criminal liability whenever they collaborate with a pharmacist in the substitution of generic drugs with the recommended brand name drugs. This is normally the case when the pharmacist prepares a reimbursement claim which will in turn be shared between the two. Nurses can also be liable for criminal liability whenever they deliver their duties negligently. In such cases the complainant must prove that he or she suffered loss and the nurses owed him or her duty of care.