Social Process Theories Research Paper Example | Topics and Well Written Essays - 2000 words

Social Process Theories - Research Paper Example The expansion of the theory of social control through the concept of Social Bond Theory that combines various kinds of bonds such as attachments to friends, family and siblings, commitments to one’s career, success and goals, involvements in sports teams, community services and religious groups and beliefs in honesty, justice and morality, together and justifies why an individual may observe law and order in spite of a variety of illegal activities offered by today’s society. IV. Labeling Theory: An Explanation of the concept of Labeling Theory, its prevalent practice and the corresponding negative consequences of this practice. V. Dramaturgy: An Analysis of the method of Dramaturgical Interviewing, its fundamentals and specifications. Also, a brief description of areas of its application and the criticisms leveled against it. VI. Conclusion: A concluding synopsis of the whole paper. Abstract The objective of this study is to understand the meaning of the term ‘so cial process theories’ and analyze some of the most important types of social process theories like the Social Learning Theory, the Social Control Theory, the Labeling Theory and the concept of Dramaturgy Interviewing. ... All in all, an endeavor had been made in this research paper, to paint an accurate picture of the prevailing social process theories, in the light of their analyzed meanings and their social relevance. Introduction â€Å"Social Process Theories, in Criminology, examine how social processes in the lives of humans influence their criminal behavior.† (Grana, 2010, p.70) These theories stresses that relationships play a vital role in deciding how an individual interacts with the world around him. It is sometimes due to these relations that people commit crimes. The learning of crimes is no different than any other kind of learning and it usually takes place in intimate and closed groups wherein the trade and tools of crime are learned. There are a number of social process theories, some of which we will discuss in detail in the following paragraphs. Social Learning Theory The concept of Social Learning is based on the view that a considerable amount of learning occurs through the observance and imitation of other people’s actions and the resulting consequences of those actions. There is no awareness about whether learning a certain act or trade is positive or negative, it is a non-judgmental process of learning from another being. Research suggests that this imitation of behavior is achieved without much Trial-and-Error processes. A person may imitate another flawlessly in the first chance itself . The person who is being observed or imitated is called a ‘model’ and the process of imitation is called ‘modeling’. Parents, elder siblings, peers, celebrities, all of them and more can serve as models to any given individual. Two individuals showcasing the same kind of behavior implies a common history of

The extent of gender fatigue transpiring within the workplace, and the Dissertation

The extent of gender fatigue transpiring within the workplace, and the ways it can be overcome - Dissertation Example The only viable explanation for the disparaging gender treatments is gender fatigue. It is concluded that both victims and managers need to ignore gender fatigue and deal with incidents of gender inequality responsibly to void the dangers of gender equality losing ground. Table of Contents Abstract 2 Introduction 4 Research Questions 5 Statement of the Problem 5 Significance of the Study 6 Aims and Objectives of the Study 7 Research Methodology 8 A Review of Literature 8 Gender Inequality in the Work Place 8 Why Gender Inequality Exists in Some Organizations 10 Gender Fatigue as the Driving Force Behind Gender Inequality in the Workplace 12 Results and Analysis 15 Conclusion 18 Bibliography 20 Introduction Gender fatigue is a phrase used to describe stagnation and complacent attitudes toward reforms and calls for gender equality (Dehhehy, 2012). Initial evidence of gender fatigue was present during the 1980s when feminists were portrayed in public discourse as cartoon characters and as bitter women devoid of humour who projected a belief that all men were â€Å"pigs† and all â€Å"women are saints’ and that â€Å"women who stay at home are wasting their lives† (Sadker & Zittleman, 2009, p. 52). Kelan (2009) gives expression to gender fatigue in the workplace describing it as a situation in which organizations are self-described as â€Å"gender neutral†, yet there is evidence of gender discrimination and the prevailing attitude is one in which there is a general feeling that gender discrimination is thing of the past and â€Å"can happen,† but it is up to women to find solutions (p. 197). Kelan (2008) also argues that members of an organization will often describe their respective organizations as â€Å"gender neutral† although it is obvious to all that there is gender discrimination (p. 1). Workers will acknowledge that gender discrimination occurs in the workplace but will brush it off as unimportant to the work that they do. According to Kelan (2008), this is evidence that these workers are â€Å"experiencing gender fatigue† and that they are â€Å"weary of thinking about gender inequality† (p. 1). Kelan (2010) points out that the practice of doing gender at work takes dual approaches in which gender equality is established and juxtaposed against a situation in which gender differences are once again pronounced. For example, a task is usually performed in which gender equality is highlighted and this will be followed by the allocation of â€Å"remedial work, through which gender hierarch is re-established† (Kelan, 2010, p. 176). This research study investigates the problems created by gender fatigue in the work place. In particular, this research study is concerned with the prevailing attitude in organizations that take the position that they are gender neutral, yet gender inequality remains a part of the organizational culture. In these circumstances, described as gender f atigue, this research paper seeks to identify how the problems associated with achieving gender equality as a result of gender fatigue within organizations can be overcome. Research Questions In order to investigate the problem of gender fatigue in organizations and how gender fatigue can be overcome to

Role of the HR Department Essay Example | Topics and Well Written Essays - 2000 words

Role of the HR Department - Essay Example According to the report  the human resource department works as the strategic division for modern organizations, and in most cases, the management relies on the human resource department to improve overall performance of the unit. Nishii and Wright (2008) stated that in modern organizations, human resource departments perform activities such as providing training to employees, measuring their performance, measuring compliance of key performance indicators (KPI), mentoring of employees etc. In short, it can be said that human resource professionals in the organization have close relationship with employees in contrast to line managers in most of the cases.This paper outlines that  that there exist a direct link between work-life balance of employees and their emotional intelligence because an employee is a human being with multitude of family responsibilities; hence, it is not possible for employees to forget their family life completely while working in an organization. Research scholars such as Lowry and Moskos defined work-life balance as the ability of employees to successfully manage work and household responsibilities. Fonner and Roloff (2010) gave examples of the organizations where human resource departments ensure proper work-life balance of workers.   Gregory and Connolly defined â€Å"Work† as the paid employment while â€Å"life† as combination of leisure activities and family time.... There is a direct link between Employees’ wellbeing and work life balance of employees. According to these scholars, a proper work-life balance of employees can help them to remain healthy which is a modified version of personal well-being of employees. In such context, Nishii and Wright (2008, p. 226) argued that â€Å"In essence, we have hitherto failed to explicitly recognize the many ways in which individuals and groups may experience and respond differently to HR systems within organizations,† and such statement is showing that HR departments face challenge, understanding their exact role in ensuring employee well-being within organizations. The role of human resource department in ensuring employee wellbeing in terms of physical healthiness can be depicted in the following manner. Figure 1: Theoretical Model for HRM & Employee Well Being (Source: Van De Voorde, Paauwe and Van Veldhoven, 2011) According to the model above, the human resource department works as the strategic division for modern organizations, and in most cases, the management relies on the human resource department to improve overall performance of the unit. Nishii and Wright (2008) stated that in modern organizations, human resource departments perform activities such as providing training to employees, measuring their performance, measuring compliance of key performance indicators (KPI), mentoring of employees etc. In short, it can be said that human resource professionals in the organization have close relationship with employees in contrast to line managers in most of the cases. Hence, it can be conjecturally viewed that there exist a triangular relationship between perception of employee regarding HRM climate, employee wellbeing and overall unit performance. Careful consideration

Issues Analysis- Indigenous People Essay Example for Free

Issues Analysis- Indigenous People Essay As the British arrived on the land of the aboriginal people they hoped to absorb the aboriginal people into their culture to work in the new colony. The aboriginal people tried to avoid the settlers but as the land became more occupied contact became unavoidable. Governor Phillip wanted to avoid any unnecessary conflict so he treated the aboriginal people with kindness and ordered his soldiers not to shoot any of them. He captured many aboriginals and one of them was Bennelong. He wanted them to learn English and act as translators between the Indigenous groups and the British. There were clashes over the land and culture of Aboriginals and the British. Phillip ignorantly ordered his soldiers to fire at the Aboriginal people as he has already tried to civilise them and assimilate them into the British culture and society was not working as he had hoped. The Aboriginal peoples saw that the British settlers were putting up fences clearing the land, restricting access and introducing different animals; so they started to think that the British were invading, this lead to retaliation from the Aboriginals. By 1797, attitudes and policy toward the Indigenous peoples had changed. No longer did the government decide to assimilate the Indigenous peoples, but rather have a new policy and that was to ‘keep them out’. In 1800 Governor King had reported to the British government the number of Aboriginal people killed in fighting was far greater than the number of British people killed. The common response from the government to the Aboriginal resistance was to send expeditions of solders to punish any groups that threatened settlers and farms. These soldiers hunted and killed groups of Indigenous people that were thought to have been stealing stock, food and generally harassing the settlers. Government instructions after 1800 were to fire at all indigenous peoples until they were far away from British settlements. As the British settlement gotten bigger, the Indigenous peoples lost more and more of their land and many of their family members. They became more reliant on the British settlers to provide them food, shelter and water. As their traditional life was slowly eroding, many Aboriginal people started living on the outskirts of towns or started working as servants or slaves for the British settlements. The inability for the Aboriginal people to succeed in this era it caused a change in the European view of the time, that Indigenous peoples were inferior, and were unable to look after themselves or the land. However not all contact was violent with the British settlers and the Aboriginal people. At times there was friendly contact and peace. Some Aboriginal peoples voluntarily became part of the British society. There is also plenty of evidence that groups of Indigenous peoples helped Europeans when they were in trouble and this was quite often, as life for British settlers was extremely hard in the early years of the colony. British colonisation of Australian started in Sydney in 1788. The rapidly occurring consequences within weeks of the first colonists arrival was a wave of European epidemic diseases such as smallpox, chickenpox, influenza and measles. These diseases affected the largest population densities where these diseases could spread easier. The next consequence of British settlement was water resources and the management of land. The settlers viewed Indigenous Australians as Nomads with no civilised concept of land ownership, who could be charged from the land wanted for farming. The aboriginals would easily migrate elsewhere. The impact on the aboriginals was fatal as there was loss of traditional lands, water resources and food sources, as the communities were affected by European diseases. The spiritual and cultural cohesion and well-being was affected because of the communities being forced away from the traditional areas. The settlers brought sexually transmitted diseases, and indigenous Australians had no tolerance and therefore greatly reduced fertility and birth-rates. Settlers were responsible for introducing the alcohol, opium and tobacco, and substance abuse has remained a huge problem for Indigenous communities. The result of disease, loss of land and violence reduced the Aboriginal population by an estimated 90% between 1788 and1900. Smallpox alone killed more than 50% of the Aboriginal population. Up to 3000 white people were killed by Indigenous Australians in the frontier violence. Most Indigenous people became a significant source of labour. Most of the work was unpaid, instead they survived on the rations that the workers received such as forms of food, clothing ad other basic necessities. In many areas of Australia Christian missions donated food and clothing for the indigenous people and opened schools and orphanages for Indigenous children. In some places of Australia colonial governments provided some resources. In 1914 around 1200 Aboriginal people answered the call to arms as the war was desperate for new recruits. Many Indigenous people claimed they were Indian or cook islanders to avoid the laws of no indigenous people being in the defence force. http://en. wikipedia. org/wiki/History_of_Indigenous_Australians#The_impact_of_British_settlement There are many health promoting strategies today such as ‘Two Ways Together: NSW Aboriginal Affairs Plan 2003-2012’, ‘COAG Agreement, they set six gaps for closing the disadvantage gap between the Aboriginal and non-Aboriginal people’, CEO performance agreements. Resetting the relationship with Indigenous Australians is important and this partnership must be respectful. It takes both parties to make a difference. Recent research by Reconciliation Australia indicates that Australians have a strong desire to better understand the Indigenous peoples. Acknowledging Indigenous disadvantage is a national responsibility that will require the engagement of the Australian Community. The government has committed to working in partnership with Indigenous Australians, businesses, state and territory governments and community organisations. http://www. skwirk. com. au/p-c_s-56_u-415_t-1040_c-4006/british-aboriginal-relations-1788-1820/qld/sose-history/first-australians-and-the-european-arrivals/settlement-1788-1850.

EU Competition Law and Economics

EU Competition Law and Economics Discuss the use of terms drawn from economics in the jurisprudence of the European Court of Justice, which relate to the interpretation of Articles 101 and 102 of the Treaty on the Functioning of the European Union. Examine, in particular the role such terms play in the legal argument. This essay will examine the economic theories, both from a classical point of view and neo-classical to determine the underpinnings of competition law. Through the works of Adam Smith regarding monopolies in the Wealth of Nations[1] and John Stuart Mill through his theories on restraints of trade in On Liberty[2] this will demonstrate some economic objectives in pursuing laws regarding competition law. This will be supplanted with the neo-classical theories that have given more reasons through economic terms for laws regarding competition. This will provide a bedrock for an analysis of Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU), which have been noted as the two principal Articles dealing with competition law in the European Union (EU).[3] The fundamental reason for having competition law in the EU is to allow for a flourishing free market and to ensure that corporate enterprises do not have undue influence or dominance in the market or even thr ough political influence.[4] This analysis of Articles 101 and 102 of the TFEU through the cases that have come through the Court of Justice of the European Union (CJEU) will be looked at through the prism of the economic theories that have been outlined. By looking at it through that prism, it will allow for a determination in terms of whether the role of the economic terms are brought into the legal arguments. It has been suggested that the lawyers and the economics are co-pilots of the competition law aeroplane[5] and this essay will determine whether that is true by looking at the economic theories and the cases through the EU framework on competition law. Economic Theory and Competition Law Prior to delving into how competition law has adopted economic terms and theories, it is imperative to understand how economics operates vis-Ã  -vis competition law. The classical economic theories, as noted by John Stuart Mill state that it is through competition that the political economy can have a scientific basis through which wages, rent and prices can be regulated. Whilst Mill does not provide a definition on what he meant by competition his theory on what laws surrounding competition could achieve were indicative. Smith took this further in Wealth of Nations when he stated it is the right of every man to enter into competition with any other man insofar as it does not violate the laws of justice and the idea of competition was to ensure that those in business bought dearer and sold for cheaper rather than having a monopoly with the opposite occurring. This theory was noted as a statement of perfect competition. This demonstrates the classical theories that exist but as time as gone on there have been neo-classical theories that give more defined responses. In terms of the neo-classical theories, the USA has seemingly stated that competition law should be interpreted solely through what the theories in economics dictate;[6] however, this is questioned in the EU structures. The competing views in the EU look at the efficiencies as well as other concerns such as the environment and the effect on employment.[7] In terms of taking into account the outcome of having perfect competition, it has been stated that allocative and productive efficiency is achieved which leads to the maximisation of social welfare.[8] In terms of allocative efficiency this is an economic term that means the resources will be allocated to different goods and services but will be divided insofar as it remains privately profitable to do so.[9] The second is that of productive efficiency which means that goods and services in society will be produced at the lowest cost.[10] In this regard, competition is seen as beneficial for the productive efficiency because if monop olies exist then it is likely that they will be high cost producers and they can pass that on to the consumer.[11] A third efficiency has been put forward that explains the need for competition, that being dynamic efficiency which cannot be accurately proved[12] but states that competition allows for products to be developed and created to gain the custom of consumers. This theory, in all but name, had been put forward by Smith when he stated that competition allows for new improvements of art[13] showing that this efficiency has long been spoken of. This has been questioned as monopolies have the money to carry out research[14] and where there are monopolies others will try to intervene to get their custom.[15] On this basis, how the EU and CJEU have dealt with situations where monopolies arise must be examined to determine whether the economic terms have led to the decision that has been made. Article 101 TFEU In terms of Article 101 of the TFEU, this is designed to ensure that restrictive practices are deemed incompatible with the common market. The restrictions that are placed on undertakings, which cover all entities that are involved in business,[16] have been seen to be circumvented for a number of reasons. In the case of Wouters Others v Algemene Raad van de Nederlandse Orde van Advocaten[17]it was held that despite a restriction on the legal profession, it was pursuing a legitimate objective in ensuring proper legal practice and therefore was allowed. It has been noted that this idea of a legitimate objective will stay within the competition law of the EU,[18] however, it is what constitutes a legitimate objective that can have implications for economic terms being used in the CJEU. In terms of a finding a legitimate objective, it has been noted that it is not necessary to look at the economic and non-economic objectives as they often go hand in hand.[19] In cases involving profess ional services such as Wouters and other cases such as Asnef Equifax[20]it was noted that the CJEU took into account the issue of information asymmetry whereby despite the fact that there is a restriction on competition which could increase the cost the consumer, the quality will go up which is especially prevalent in professional services.[21] These decisions tend to go against the productive efficiency in that the cost will go up by allowing increased restriction on trade in professional services, however, the allocative efficiency would be seen to improve as the quality given to the consumer improves. This demonstrates that Article 101 of the TFEU has taken the economic viewpoint into account in ensuring that the Treaty does not act rigidly vis-Ã  -vis competition law. The mechanism of Article 101 has not completely followed the economic arguments and this is seen with cases involving free riders. This was seen in the case of Consten and Grundig v Commission[22]which involved Consten who was to be the exclusive distributor in France of Grundig electrical goods with the effect that free riders, who would wait for Consten to promote the goods before then selling the Grundig electrical goods at a lower price than Consten.[23] The free rider economic system has been allowed in the United States of America in the case of Continental TV v GTE Sylvania[24] on the basis that it was economically sound. However, this was rejected in Consten on the basis that the fundamental objective of the EU plan is to have greater integration within the single market and not just to increase consumer protection and welfare.[25] Indeed, in the more recent case this viewpoint was reaffirmed in the case of GlaxoSmithKline v Commission[26]where the guidance from the EU was co nsidered and it was noted that companies are not allowed to establish private barriers within the single market of the EU.[27] These decisions from the CJEU demonstrate that whilst the economic considerations have to be taken into account, they are secondary to the fundamental aim of the EU project to have ever closer Union[28] and to ensure that there are no private barriers within the single market. To compare this to the co-pilot analogy at the beginning of this essay, these decisions would suggest that the policy makers of the EU are the pilots and the lawyer and economist are mere passengers. It must be noted that Article 101 has a defence mechanism at 101(3) which is primarily based on the economic considerations that have been outlined. This defence is for a defendant to prove but all agreements made are eligible to qualify under Article 101(3) if the requirements are met.[29] The requirements state that technical and economic progress must be improved which links with the dynamic efficiency theory of competition law economics.[30] The other requirements involve not eliminating competition on the market as well as ensuring that consumers receive a fair share of the benefits from the agreement. This ties in with Smiths theory on monopolies and improving the market through competition laws as well as the allocative and productive efficiencies noted in the more neo-classical theories regarding economics and competition law. Indeed, this defence under Article 101(3) has been given a wide interpretation as seen in CECED[31]where the economic efficiencies were central to the judgment in declaring that the environmental benefits had to be looked at in terms of their effect on the consumer.[32] As this defence is couched in terms that are readily identifiable with the economic theories, it demonstrates that the economic terms have a huge role in competition law within the EU. Article 102 TFEU In terms of Article 102 of the TFEU, its whole basis is in economic terms as it is designed to stop dominance and abuse. The use of the term dominance in economics is deemed to be wider than that of a monopoly[33] and is a position of economic strength that prevents effective competition being maintained.[34] This type of dominance goes beyond just a single entity and the CJEU can look at more than one economic enterprise to see whether there is dominance, with what is known as collective dominance.[35] In this regard, the economic term of collective dominance and dominance generally was indicative in the case of Italian Flat Case to show that there was a breach of Article 102.[36] The second economic term alongside dominance in Article 102 is that of abuse, which is where a dominant entity can use its economic strength to obtain more benefits that it would have if it was a smaller entity.[37] The use of economic terms in Article 102 cases can be seen when abuse is discussed. Article 102 makes reference to unfair prices but the CJEU has looked beyond this to see situations where there has been predatory pricing[38] and excessive pricing that look at economic terms in terms of how undertakings with great economic strength may attempt to price their competitors out of the market.[39] This tends to demonstrate that there are some economic terms that are used not only in Article 102 itself but also by the CJEU in its interpretation of the Article. However, this view has not been completely replicated across the spectrum. The use of the economic terms in invoking Article 102 has been seen as haphazard[40] and this can be seen through the cases where there has been some reliance on economic terms such as predatory pricing noted above but there are others where it has been based more on the legal concepts such as where there is commission attached for selling a certain brand.[41] In this regard, when Article 102 is looked at solely it can be seen that it is couched in economic terms such as dominance and others have come in through cases such as predatory pricing but when it is compared to its counterpart, Article 101, the effect of economics on its interpretation has not been as widespread.[42] Accordingly, when it comes to the aeroplane analogy with Article 102 it is very much that the lawyer takes the chief pilots role whereas the economist operates as a co-pilot that attempts to bolster any legal arguments that have been made. Conclusion This essay has examined EU Competition Law to determine whether the role of economics or law is prevailing in its application. The economic theories, both classical and neo-classical, demonstrate that the basis for competition law is allowing a free market to ensure that the consumers are able to receive products at a low price and other individuals are able to compete with the larger firms. In relation to Article 101 it can be seen through the use of legitimate aim and the defence given in Article 101(3) that the economic terms have a great role to play in how the case would be decided by the CJEU. However, as noted with the free rider cases such as Consten it is readily identifiable that the economics will only be taken into account after the fundamental aim of the EU, that being ever closer Union, is dealt with. This shows that the economic terms as well as the legal terms are very much secondary to the fundamental aims of the EU project. When the policy issue is put to one side, it can be seen that the economic terms and the legal terms in deciding a competition law case under Article 101 are co-pilots ensuring that the correct decision is made. In terms of Article 102, the use of economics has not been as prevalent as with Article 101 but this is largely due to the fact that there is a lack of a general theme. Perhaps as the law develops vis-Ã  -vis Article 102, the economic terms will have a greater role to play. Bibliography Legislation Treaty on the Functioning of the European Union Cases Akzo Chemie BV v Commission [1991] ECR I-3395 Asnef Equifax Servicios de Informacion sobre Solvencia y Credito SL v Asociacion de Usuarios de Servicios Bancarios [2006] ECR I-11125 British Airways Plc v Commission [2007] ECR I-2331 CECED [2000] OJ L187/47 Consten and Grundig v Commission [1966] ECR 299 Continental TV v GTE Sylvania (1977) 433 US 36 GlaxoSmithKline v Commission [2009] ECR I-9291 Klaus Hofner Fritz Esler v Macrotron GmbH [1991] ECR I-1979 Matra Hachette v Commission [1994] ECR II-595 PPG Vernante Pennitalia Spa v Commission [1992] ECR II-1403 United Brands Company v Commission [1978] ECR 207 Wouters Others v Algemene Raad van de Nederlandse Orde van Advocaten [2002] ECR I-1577 Books Akman P, The Concept of Abuse in EU Competition Law: Law and Economic Approaches (Bloomsbury 2015) Bork RH, The Antitrust paradox (The Free Press, 1978) Chalmers D, Davies G Monti G, European Union Law (2nd edn, CUP 2010) Jacobs K (ed), Effective Standardization Management in Corporate Settings (IGI Global, 2010) Galbraith, American Capitalism: The Concept of Countervailing Power (Houghton Mifflin, 1952) Huerta de Soto J, The Theory of Dynamic Efficiency (Routledge 2009) Jones A Sufrin B, EU Competition Law: Text, Cases and Materials (6th edn, OUP 2016) Kaczorowska A, European Union Law (Routledge 2008) Kaczorowska-Ireland A, Competition Law in the CARICOM Single Market and Economy (Routledge 2012) Mill JS, On Liberty (Vail-Ballou Press, 2003) Scherer Ross, Industrial Market Structure and Economic Performance (3rd edn, Houghton Mifflin, 1990) Schulze R, An Introduction to European Law (2nd edn, CUP 2015) Schumpter, Capitalism, Socialism and Democracy (Taylor Francis, 1976) Smith A, An Enquiry into the Nature and Causes of the Wealth of Nations (Penguin, 1999) Whish R Bailey D, Competition Law (8th edn, OUP 2015) Articles Apostolakis I, E-Commerce and Free Rider Considerations Under Article 101 TFEU (2016) ECLR 114 Ibanez Colomo P, Market Failures, Transaction Costs and Article 101(1) TFEU Case Law (2012) 37(5) ELR 541 Janssen C Kloosterhuis E, The Wouters Case Law, Special for a Different Reason? (2016) ECLR 335 Lianos I, In Memoriam Keck: The Reformation of the EU Law on the Free Movement of Goods (2015) EL Rev 225 Nowag J, Wouters, When the Condemned Live Longer: A Comment on OTOC and CNG (2014) 36 ECLR 39 ODonoghue R, Defining Legitimate Competition: How to Clarify Pricing Abuses under Article 83 EC (2002) 26 Fordham Intl LJ 83 Posner RA, The Social Costs of Monopoly and Regulation (1975) 83 JPE 807 Ratliff J, Major Events and Policy Issues in EC Competition Law, 2001: Part 1 (2002) ICCLR 6 Stigler G, Perfect Competition, Historically Contemplated (1957) 65(1) J Pol Eco 1 Temple Lang J, Some Aspects of Abuse of a Dominant Position in EC Antitrust Law (1979) 3 Fordham Intl LF 1 Tsoulfidis L, Classical vs Neoclassical Conceptions of Competition (2011) MPRA 1 Vickers J, Concepts of Competition (1995) 47 Oxford Economic Papers 1 Miscellaneous Commission, Notice Guidelines on Vertical Restraints (2010) OJ C130/1 de la Mano M, For the Customers Sake: The Competitive Effects of Efficiencies in European Merger Control (Enterprise Paper No 11, 2002) [1] A Smith, An Enquiry into the Nature and Causes of the Wealth of Nations (Penguin, 1999). [2] JS Mill, On Liberty (Vail-Ballou Press, 2003). [3] D Chalmers, G Davies G Monti, European Union Law (2nd edn, CUP 2010) p. 962. [4] RA Posner, The Social Costs of Monopoly and Regulation (1975) 83 JPE 807. [5] R Whish D Bailey, Competition Law (8th edn, OUP 2015) p. 2. [6] RH Bork, The Antitrust paradox (The Free Press, 1978). [7] I Lianos, In Memoriam Keck: The Reformation of the EU Law on the Free Movement of Goods (2015) EL Rev 225, 244. [8] Scherer Ross, Industrial Market Structure and Economic Performance (3rd edn, Houghton Mifflin, 1990) Ch. 1. [9] R Whish D Bailey, Competition Law (8th edn, OUP 2015) p. 5. [10] M de la Mano, For the Customers Sake: The Competitive Effects of Efficiencies in European Merger Control (Enterprise Paper No 11, 2002) p. 8. [11] J Vickers, Concepts of Competition (1995) 47 Oxford Economic Papers 1. [12] J Huerta de Soto, The Theory of Dynamic Efficiency (Routledge 2009) p. 1-2. [13] Smith (n 1) p. 706. [14] Galbraith, American Capitalism: The Concept of Countervailing Power (Houghton Mifflin, 1952). [15] Schumpter, Capitalism, Socialism and Democracy (Taylor Francis, 1976). [16] A Jones B Sufrin, EU Competition Law: Text, Cases and Materials (6th edn, OUP 2016) p. 116. [17] [2002] ECR I-1577. [18] J Nowag, Wouters, When the Condemned Live Longer: A Comment on OTOC and CNG (2014) 36 ECLR 39. [19] P Ibanez Colomo, Market Failures, Transaction Costs and Article 101(1) TFEU Case Law (2012) 37(5) ELR 541, 560. [20] Asnef Equifax Servicios de Informacion sobre Solvencia y Credito SL v Asociacion de Usuarios de Servicios Bancarios [2006] ECR I-11125. [21] C Janssen E Kloosterhuis, The Wouters Case Law, Special for a Different Reason? (2016) ECLR 335, 337. [22] [1966] ECR 299. [23] Chalmers (n 3) p. 979. [24] (1977) 433 US 36. [25] I Apostolakis, E-Commerce and Free Rider Considerations Under Article 101 TFEU (2016) ECLR 114, 116. [26] [2009] ECR I-9291. [27] Commission, Notice Guidelines on Vertical Restraints (2010) OJ C130/1. [28] A Kaczorowska, European Union Law (Routledge 2008) p. 86. [29] Matra Hachette v Commission [1994] ECR II-595. [30] R Schulze, An Introduction to European Law (2nd edn, CUP 2015) p. 318. [31] [2000] OJ L187/47. [32] J Ratliff, Major Events and Policy Issues in EC Competition Law, 2001: Part 1 (2002) ICCLR 6. [33] Klaus Hofner Fritz Esler v Macrotron GmbH [1991] ECR I-1979. [34] United Brands Company v Commission [1978] ECR 207, para. 65. [35] A Kaczorowska-Ireland, Competition Law in the CARICOM Single Market and Economy (Routledge 2012) p. 170. [36] PPG Vernante Pennitalia Spa v Commission [1992] ECR II-1403. [37] J Temple Lang, Some Aspects of Abuse of a Dominant Position in EC Antitrust Law (1979) 3 Fordham Intl LF 1, 9. [38] Akzo Chemie BV v Commission [1991] ECR I-3395. [39] P Akman, The Concept of Abuse in EU Competition Law: Law and Economic Approaches (Bloomsbury 2015) p. 188. [40] R ODonoghue, Defining Legitimate Competition: How to Clarify Pricing Abuses under Article 83 EC (2002) 26 Fordham Intl LJ 83. [41] British Airways Plc v Commission [2007] ECR I-2331. [42] Chalmers (n 3) p.1007.

Comparing Death in Do not Go Gentle into That Good Night and Australia,

Rage against Death in Dylan Thomas’ "Do not Go Gentle into That Good Night", and Judith Wright’s "Australia, 1970" Mortality is a subject often contemplated in both traditional and modern poetry. Traditionally, death has been viewed as a great leveler of people, and as a frightening, yet noble experience that is best approached with a quiet, dignified, Christ-like acceptance. In the work of some modern poets such as Dylan Thomas and Judith Wright, however, the message is a different one altogether. These poets advise the dying to not assume the role of the martyr, teaching by quiet example; rather, the dying are instructed to "rage, rage against the dying of the light" (Thomas) and "die like the tigersnake" (Wright) in order to send their messages to the living. While these two poets give these startling instructions with different goals in mind, one idea comes across clearly: that the image of the martyr quietly and knowingly accepting death is no longer an image that will satisfy modern poetry as it looks for reason in its examination of impending mortality. In his 1952 poem "Do not Go Gentle into That Good Night", Dylan Thomas examines the idea that entering quietly into death is not the proper way to leave life; instead, as life draws to a close, he instructs his readers to "rage, rage against the dying of the light" (Thomas). At first glance, this could appear to be futile advice, for raging against an inevitable, unalterable experience such as death obviously does nothing to impede its course, and could therefore be seen as a pointless exercise. However, upon closer examination, it becomes clear that Thomas’s poem does not attempt to fight or ward off death; rather, it attempts to convince others to live fully and ... ...ugh mercilessly taunted by the turncoat crowds, those dying in these poems are instructed to do so violently and wildly, to kick and scream, yet at the same time accept the fact that death is an unstoppable force. By depicting these violent, unorthodox, traditionally ignoble methods in a positive light and instructing others to partake in them, Dylan Thomas and Judith Wright are disassociating themselves with the ‘beneficial martyr’ outlook on life and death adopted by Christianity and instead aligning themselves with a far more rebellious and modernistic school of thought Works Cited and Consulted Stanford, Derek. Dylan Thomas. New York: The Citadel Press, 1986. 116-118. Thomas, Dylan. "Do Not Go Gentle." The Norton Anthology of English Literature. 1996 Thomson, A.K. Critical Essays on Judith Wright, ed. 1968. Wright, Judith. Collected Poems 1994. Comparing Death in Do not Go Gentle into That Good Night and Australia, Rage against Death in Dylan Thomas’ "Do not Go Gentle into That Good Night", and Judith Wright’s "Australia, 1970" Mortality is a subject often contemplated in both traditional and modern poetry. Traditionally, death has been viewed as a great leveler of people, and as a frightening, yet noble experience that is best approached with a quiet, dignified, Christ-like acceptance. In the work of some modern poets such as Dylan Thomas and Judith Wright, however, the message is a different one altogether. These poets advise the dying to not assume the role of the martyr, teaching by quiet example; rather, the dying are instructed to "rage, rage against the dying of the light" (Thomas) and "die like the tigersnake" (Wright) in order to send their messages to the living. While these two poets give these startling instructions with different goals in mind, one idea comes across clearly: that the image of the martyr quietly and knowingly accepting death is no longer an image that will satisfy modern poetry as it looks for reason in its examination of impending mortality. In his 1952 poem "Do not Go Gentle into That Good Night", Dylan Thomas examines the idea that entering quietly into death is not the proper way to leave life; instead, as life draws to a close, he instructs his readers to "rage, rage against the dying of the light" (Thomas). At first glance, this could appear to be futile advice, for raging against an inevitable, unalterable experience such as death obviously does nothing to impede its course, and could therefore be seen as a pointless exercise. However, upon closer examination, it becomes clear that Thomas’s poem does not attempt to fight or ward off death; rather, it attempts to convince others to live fully and ... ...ugh mercilessly taunted by the turncoat crowds, those dying in these poems are instructed to do so violently and wildly, to kick and scream, yet at the same time accept the fact that death is an unstoppable force. By depicting these violent, unorthodox, traditionally ignoble methods in a positive light and instructing others to partake in them, Dylan Thomas and Judith Wright are disassociating themselves with the ‘beneficial martyr’ outlook on life and death adopted by Christianity and instead aligning themselves with a far more rebellious and modernistic school of thought Works Cited and Consulted Stanford, Derek. Dylan Thomas. New York: The Citadel Press, 1986. 116-118. Thomas, Dylan. "Do Not Go Gentle." The Norton Anthology of English Literature. 1996 Thomson, A.K. Critical Essays on Judith Wright, ed. 1968. Wright, Judith. Collected Poems 1994.

Stefan’s Diaries: Origins Chapter 11

The mist rose up around my feet as I walked toward the willow tree. The sun was quickly setting, but I could still make out a shadowy figure nestled between the roots. I glanced again. It was Rosalyn, her party dress shimmering in the weak light. Bile rose in my throat. How could she be here? She was buried, her body six feet underground at the Mystic Falls cemetery. As I walked closer, steeling my courage and grasping the knife in my pocket, I noticed her lifeless eyes reflecting the verdant leaves above. Her dark curls stuck to her clammy forehead. And her neck wasn't torn out at all. Instead, her neck displayed only two neat little holes, the size of shodding nails. As if guided by an unseen hand, I fell to my knees next to her body. â€Å"I'm sorry,† I whispered, staring at the cracked earth below. Then I raised my eyes and froze in horror. Because it wasn't Rosalyn's body at all. It was Katherine's. A small smile curved her rosebud lips, as if she were simply dreaming. I fought the urge to scream. I would not let Katherine die! But as I reached toward her wounds, she sat straight up. Her visage morphed, her dark curls faded to blond, and her eyes glowed red. I started backward. â€Å"It's your fault!† The words cut through the still night, the tone hollow and otherworldly. The voice belonged neither to Katherine nor Rosalyn–but to a demon. I screamed, gripping my penknife and slicing it into the night air. The demon lunged forward and clutched my neck. It lowered its sharpened canines to my skin, and everything faded to black†¦. I woke up in a cold sweat, sitting upright. A crow cawed outside; in the distance, I could hear children playing. Sunbeams were dappled along my white bedspread, and a dinner tray was sitting on my desk. It was daylight. I was in my own bed. A dream. I remembered the funeral, the ride from the church, my exhaustion as I climbed the stairs to my bedroom. It had just been a dream, a product of too much emotion and stimulation today. A dream, I reminded myself again, willing my heart to stop pounding. I took a long gulp of water straight from the pitcher on the nightstand. My brain slowly stilled, but my heart continued to race and my hands still felt clammy. Because it wasn't a dream, or at least not like any dream I'd ever had before. It was as if demons were invading my mind, and I was no longer sure what was real or what thoughts to trust. I stood up, trying to shake off the nightmare, and wandered downstairs. I took the back steps so as not to cross paths with Cordelia in the kitchen. She'd been taking good care of me, just as when I had been a child in mourning for my mother, but something about her watchful gaze made me nervous. I knew she'd heard me call out for Katherine, and I fervently hoped she wasn't telling ta les to the servants. I walked into Father's study and glanced at his shelves, finding myself drawn yet again to the Shakespeare section. Saturday seemed like a lifetime ago. Still, the candle in the silver candlestick holder was exactly where Katherine and I had left it, and The Mysteries of Mystic Falls was still on the chair. If I closed my eyes, I could almost smell lemon. I shook that thought away and hastily picked out a volume of Macbeth, a play about jealousy and love and betrayal and death, which suited my mood perfectly. I forced myself to sit on the leather club chair and glance at the words, forced myself to turn the pages. Maybe that's what I needed in order to proceed with the rest of my life. If I just kept forcing myself to take action, maybe I'd finally get over the guilt and sadness and fear I'd been carrying with me since Rosalyn's death. Just then, I heard a knock on the door. â€Å"Father's not here,† I called, hoping whoever it was would go away. â€Å"Sir Stefan?† Alfred's voice called. â€Å"It's a visitor.† â€Å"No, thank you,† I replied. It was probably Sheriff Forbes again. He'd already come by four or five times, speaking to Damon and Father. So far I'd managed to beg off the visits. I couldn't stand the thought of telling him–telling anyone –where I'd been at the time of the attack. â€Å"The visitor is quite insistent,† Alfred called. â€Å"So are you,† I muttered under my breath as I strode to the door and opened it. â€Å"She's in the sitting room,† Alfred said, turning on his heel. â€Å"Wait!† I said. She. Could it be †¦ Katherine? My heart quickened despite itself. â€Å"Sir?† Alfred asked, mid-step. â€Å"I'll be there.† Frantically, I splashed water from the basin in the corner on my face and used my hands to smooth my hair back from my forehead. My eyes still looked hooded, and tiny vessels had broken, reddening the whites, but there was nothing more I could do to make me look, let alone feel, more like myself. I strode purposefully into the parlor. For an instant, my heart fell with disappointment. Instead of Katherine, sitting on the red velvet wingback chair in the corner was her maid, Emily. She had a chair in the corner was her maid, Emily. She had a basket of flowers on her lap and held a daisy to her nose, as if she didn't have a care in the world. â€Å"Hello,† I said formally, already trying to come up with a way to politely excuse myself. â€Å"Mr. Salvatore.† Emily stood up and half- curtseyed. She wore a simple white eyelet dress and bonnet, and her dark skin was smooth and unlined. â€Å"My mistress and I join you in your sorrows. She asked that I give you this,† she said, proffering the basket toward me. â€Å"Thank you,† I said, taking the basket. I absentmindedly put a sprig of lilac to my nose and inhaled. â€Å"I'd use these in your healing, rather than Cordelia's concoctions,† Emily said. â€Å"How did you know about that?† I wondered. â€Å"Servants talk. But I fear that whatever Cordelia's feeding you may be doing you more harm than good.† She plucked a few blossoms from the basket, twining them into a bouquet. â€Å"Daisies, magnolias, and bleeding heart will help you heal.† â€Å"And pansies for thoughts?† I asked, remembering a quote from Shakespeare's Hamlet. As soon as I said it, I realized it was a foolish statement. How would an uneducated servant girl possibly know what I was speaking of? But Emily simply smiled. â€Å"No pansies, although my mistress did mention your love of Shakespeare.† She reached into the basket and broke off a sprig of lilac, which she then pushed gently into my buttonhole. I held the basket up and inhaled. It smelled like flowers, but there was something else: the intoxicating aroma that I'd only experienced when I was near Katherine. I inhaled again, feeling the confusion and darkness of the past few days slowly fade. â€Å"I know everything's very strange right now,† Emily said, breaking my reverie. â€Å"But my mistress only wishes the best for you.† She nodded toward the couch, as if inviting me to sit down. Obediently, I sat and stared at her. She was remarkably beautiful and carried herself with a type of grace I'd never seen before. Her movements and manners were so deliberate that watching her was like watching a painting come to life. â€Å"She would like to see you,† Emily said after a moment. The second the words left her lips, I realized that could never be. As I sat there, in the daylight of the parlor, with another person rather than being lost in my own thoughts, everything clicked into focus. I was a widower, and my duty now was to mourn Rosalyn, not to mourn my schoolboy fantasy of love with Katherine. Besides, Katherine was a beautiful orphan with no friends or relations. It would never work–could never work. â€Å"I did see her. At Rosalyn's †¦ at the funeral,† I said stiffly. â€Å"That's hardly a social call,† Emily pointed out. â€Å"She'd like to see you. Somewhere private. When you're ready,† she added quickly. I knew what I had to say, what the only proper thing to say was, but the words were hard to form. â€Å"I will see, but in my current condition, I'm afraid I'm probably not in the best mood to go walking. Please send your mistress my regrets, although she will not want for company. I know my brother will go wherever she wishes,† I said, the words heavy on my tongue. â€Å"Y es. She is quite fond of Damon.† Emily gathered her skirts and stood up. I stood up as well and felt, even though I towered a head taller, that she was somehow more powerful than me. It was an odd yet not altogether unpleasant feeling. â€Å"But you can't argue with true love.† With that she swept out the door and across the grounds, the daisy in her hair scattering its petals into the wind.