Friday, September 20, 2019

Mysticism In Wordsworths Poetry English Literature Essay

Mysticism In Wordsworths Poetry English Literature Essay William Wordsworth and Coleridge are the two pioneers of the English Romantic Movement who changed the dry, sterile rationalism in English poetry in a new era by establishing the primacy and sovereignty of insight and imaginative vision in literature and in life. William Wordsworth has an amazing capacity for expressing personal beliefs and thoughts. According to the Romantics, imagination is the only way of perceiving and realizing the one in the many, the abiding behind the flux, the infinite behind the finite, the eternal behind ephemeral, and the transcendent behind the immanent. Romantic vision is on the basis of the ultimate priority and superiority of imagination over the logical and speculative reason of the human mind while it does not deny or belittle the limited values and utility of the latter in human life. It appreciates the view that the realms of experience are so high that cannot be explored and comprehended by finite human reason. And it is only the imagination which can offer fleeting flashes of profound and penetrating insight into the heart of the reality. Imagination based on direct intuitive insight or flashes of immediate awareness is a faculty that transcends but does not reject the reason and intellect of man (Barker 5). Wordsworth emphasizes the great importance and power of imagination when he very per ceptibly says: à ¢Ã¢â€š ¬Ã‚ ¦..Imagination, which, in truth, Is but another name for absolute power And clearest insight, amplitude of mind, And reason in her most exalted mood. (Prelude, Book IV) While reason divides, disrupts and dissociates things, imagination links, unifies and binds them together. Thus in sharp contrast to the Cartesian metaphysics of Descartes which maintains a dichotomy between matter and spirit, microcosm (man) and macrocosm (universe), the Romantic imagination finds in the entire universe between the sentient living beings as well as inanimate objects, a bond of all-embracing unity, solidarity and fellowship. Another distinctive feature of the Romantic imagination is the experience of owe, wonder, ecstasy or rapture and reverence aroused in the perceivers mind when it contemplates and communes with the things of the universe. Such awe ­ inspiring or rapturous supernatural (or numinous) experience is a vital factor in Romantic experience and the prime source of its vitality and intensity. William Wordsworth is one of the greatest imaginative Romantic poets whose style and poems are always distinguished from other Romantic poets because of his illumined spiritual vision as a mystic. Romantic imagination reached to its climax, its crowning revelation and consummation in the Wordsworths mysticism. Mysticism could be considered as the quintessence of Wordsworths poetry and the supreme source of its inspiration (Mackay 110). Mysticism, broadly defined, is a state of sublime imaginative and spiritual experience in which one has direct, immediate and intuitive perception of an all-embracing infinite and eternal reality the immanent-transcendent Absolute Being underlying and pervading but also transcending the sensible material universe. It is the sense of God in all and all in God. It is this sense of one ultimate Divine principle permeating all things and all life of the universe as well as guiding, cherishing and sustaining them that inspires the mystic to conceive the vision of the ultimate divine unity of the universe, of all life. Mystic imagination sees a living relationship between the soul of man and the soul of the universe a vision of cosmic unity, fraternity and fellowship.   The mysticism of Wordsworth is something unique in its kind, though there are some characteristics that can be seen in all modes of mysticism. It is a type of Nature-mysticism. Wordsworth mystical experiences are mainly depicted in the context of his treatment of nature. He had never limited his poems within the confined boundaries of the sights, sounds, odors, and movements of various elements of nature. His aim was to attain something ultra-earthly and divine and leaving the traces of his mystical experiences in nature and human life in his poetry. So his poetry is not simply just talking about the lovely and tranquil aspects of nature but it also covers his mystical experiences. Though it is consist of a certain degree of affinity to Spinozistic pantheism, it is not absolutely the same thing because it does not consider Nature as the be-all and end-all of the universe or equate and identify it with the Supreme Divine Spirit. Wordsworths mysticism also differs from the Neoplatonic mysticism of Plotinus or the Christian mysticism of St. John of the Cross and St. Augustine. But it has something of the sublime beatific vision of Blake or the glowing paradisal vision of Dante. Like all true mystics Wordsworth believes that human life has a divine origin and divine destiny (Wyman 517). As he said in his Ode on Intimations of Immortality: Our birth is but a sleep and a forgetting; The soul that rises with us, our lifes star Hath had elsewhere its setting And cometh from afar; But trailing clouds of glory do we come From Gold, who is our home Man is introduced as an essentially divine and immortal spirit in wordsworth poems as we repeatedly see such phrases like the Pilgrim of Eternity or the Child of Immortality which proves his fervent and glowing faith as the most genuine mystic poet of all ages. It is evident that he believes so deeply in infinity as he says: Our destiny, our beings heart and home, I Is with infinitude, and only there; and that the great thought by which we live is infinity and God. Wordsworths love of Nature and the way Nature is glorified, worshiped and divinized is apparent in his verse. Wordswoths attitude towards Nature is somehow different from other Romantic poets of his age. For instance, although Shelley shares some common characteristics with Wordsworths viewpoint on Nature but he also attempts to intellectualize and conceptualize Nature transforming the object of Nature into some dogmatic socio-political doctrine, ideology or an abstract idea, as in Ode to the West Wind, while Wordsworths vision of Nature is constantly and consistently spiritual.   For Wordsworth, the vision of Nature always represents the vision of the Divine spirit, the vision of that Cosmic Being. So Shelley on the basis of a Wordsworthian spirit describs in his illuminating and soul-stirring lines: That Light whose smile kindles the Universe, That Beauty in which all things work and move, That Benediction which the eclipsing curse Of birth can quench not, that sustaining Love Which through the web of being blindly move By man and beast and earth and air and sea, Burns bright or dim, as each are mirrors of The fire for which all thirst: .. (Lament for Adonais) Wordsworths worship and adoration of Nature was never inspired by passion for aesthetic beauty, elegance and splendor. All forms and objects, aspects and appearances of Nature  ­whether graceful, lovely and magnificent or somber, awe inspiring and forbidding alike stirred and stimulated his visionary imagination, for they all of them were to him equally the living emblems and images of the Divine spirit, the hieroglyphics of divinity. How even the dreary, appalling and awesome spectacles of Nature could bring intimations of the Divine Reality and profoundly impress on his mind its sublimity, majesty and grandeur is vividly revealed in one of the celebrated passages of Prelude in the description of a scene on the Alps: Black drizzling crags that spake by the wayside As if a voice were in them, the sick sight And giddy prospect of the raving stream, The unfettered clouds and region of the Heavens, Tumult and peace, the darkness and the light-  ­Were all like workings of one mind, the features Of the same face, blossoms upon one tree; Characters of the great Apocalypse, The types and symbols of Eternity, Of first, and last, and midst, and without end. (prelude, Book VI) This passage is a representative of a profoundly moving and glowing description of one of the most memorable mystic experiences of Wordsworth. The essential features of Wordsworths mystic vision is also greatly depicted in those impressive lines of his, where he says: One interior life In which all beings live with God, themselves Are God, existing in the mighty whole, As indistinguishable as the cloudless east Is from the cloudless West, when all The hemisphere is one cerulean blue.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   From a fragment found in a Ms. notebook containing Peter Bell or when he refers to à ¢Ã¢â€š ¬Ã‚ ¦..the sentiment of Being spread Oer all that moves and all that seemeth still; Oer all that, lost beyond the reach of thought And human knowledge, to the human eye Invisible, yet liveth to the heart; Oer all that leaps and runs; and shouts and sings, Or beats the gladsome air; Oer all that glides Beneath the wave, yea, in the wave itself, And mighty depth of waters. (Prelude, Book II) All objects, high or low, sentient or insentient are to him mixed with the presence of the Divine and instinct with life and feeling and even with consciousness and their own will. This is interestingly expressed in the following me ­morable lines: To every natural form, rock, fruit or flower, Even the loose stones that cover the highway, I gave a moral life: I saw them feel, Or linked them to some feeling: the great mass Lay bedded in a quickening soul, and all That I beheld respired with inward meaning. (Prelude, Book III) Wordsworths perception of One interior life in all leads to evoking his vision and fill him with lofty and elevated thoughts which is derived from ordinary and apparently trivial things of Nature. Trances of thought and mountings of the mind kindling him to the sublimely reverent and profoundly mystic contemplation of the Divine immanent in all creation. To me the meanest flower that blows can give Thoughts that do often lie too deep for tears. (Ode on Intimations of Immortality) And he says that even the tiniest things of Nature seemed provoked and illuminated with a heavenly splendor and sublimity. The earth, and every common sight To me did seem Apparelld in celestial light. (Ibid) Since Nature brought a profound vision of the Deity or the Wisdom and Spirit of the universe in Wordsworths mind as he calls it in his Prelude, he regarded it as the source of his poetic inspiration and of moral and spiritual enlightenment and vision. He appreciates Nature as he says: Well pleased to recognize In nature and the language of the sense The anchor of my purest thoughts, the nurse, The guide, the guardian of my heart, and soul Of all my moral being. (Tintern Abbey Re-visited) All objects and units of Nature had for him some sublime and enigmatic moral and spiritual message to convey: One impulse from a vernal wood May teach you more of man, Of moral evil and of good. Than all the sages can. (The Tables Turned) It is the crucial faith of a mystic that the heart of light is the silence. In the true spirit of a mystic, Wordsworth arranged a supreme value on silence and contemplative stillness or, as he called it, wise passiveness and meditative peace and was aware of its deep and huge spiritual potentialities for bringing him divine revelation and for enabling him to penetrate into the ultimate cosmic mysteries. Among his visions of Nature, there came moments of such profound and hallowed stillness of transcendent peace and silence as Wordsworth called it that through his imagination Wordsworth attained the highest peak of his mystic vision gaining insight into the heart of reality (Jarvis 4). It was in moments of that peace which passeth understanding that Wordsworth says: à ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Gently did my soul Put off her veil, and self-transmuted, stood Naked, as in the presence of her Got (Prelude, Book IV) In moments of such holy tranquil and peace, his mind was transport ­ed to a state of sublime ecstasy, a trance-like consciousness. Oft in these moments such a holy calm Would overspread my soul, that bodily eyes Were utterly forgotten, and what I saw Appeared like something in myself, a dream: A prospect in the mind (Prelude, Book V) Emphasizing those moments of sublime stillness and serenity and their inestimable value and significance, Wordsworth in an illuminating passage in Tintern Abbey Re-visited says: that serene and blessed mood, In which the affections gently lead us on, Until, the breath of this corporeal frame And even the motion of our human blood Almost suspended, we are laid asleep In body, and become a living soul: While with an eye made quiet by the power Of harmony, and the deep power of joy, We see into the life of things. and also in Ode on Intimations of Immortality he states: Hence, in a season of calm weather Though inland far we be, Our souls have sight of that immortal sea Which brought us hither. Wordsworths mysticism is different and remarkable for its contemplative mood and pantheistic conception of nature. It is structured based on the belief that nature is a living being and the dwelling place of god. Nature is the means through which a man comes into contact with god. Wordsworth claims that a divine spirit can be seen through all the objects of nature. As a true pantheist he also says that all is God and God is all. This notion is particularly depicted in Tintern Abbey. He also finds the existence of god in the mind of man. Wordsworth claims that there is a pre-arranged harmony between the mind of man and the spirit of nature, which enables man to relate or communice with nature. The relationship is materialized when the mind of man forms a kinship with the thoughts of nature. And it is this cordial and intellectual junction between man and nature that helped to shape his belief that nature has the power to teach and educate human beings. Man reaches perfection and practical knowledge through the education he obtains from nature. He believes that the person who doesnt receive education from nature is worthless and his life is not successful. The poet believes that nature is the nurse and the protector of the mankind (Gill 163). In Wordsworths viewpoint, nature has the ability to alleviate the damaged mind of man. The beautiful and frolicsome aspects of nature are an infinite source for healing power. The material life sometimes becomes so painful that human beings loose the aspiration for living. When life becomes such unbearable then the sweet and affectionate contact with nature can easily drive away the cloud of cynicism from the mind of the viewer of nature. The noise and disturbance of the town or city life may make human life intolerable but even the recollections of nature in some lonely room can eliminate the burden of desolation, anxiety and suffocation. Wordsworth honors even the simplest and the most ordinary objects of nature and human life.   For him nothing is mean or low, since everything that is present in the universe is touched by divine life. To conclude we ought to say that Wordsworth never looked at nature like the way we do. With great devotion and enthusiasm, he sought to read the profoundest meaning of human life in nature. In the way of doing so he forged himself as a great poet of nature with a true mystical vision.

Thursday, September 19, 2019

Grapes of Wrath :: essays papers

Grapes of Wrath In John Steinbeck’s epic, The Grapes of Wrath, the Joad family is the example of the working class family during the 1930s. The novel depicts the Joad family as they are struggling to move from an infertile farm in Oklahoma to the gold coast of California. They are driven off of their farm by not only the â€Å"dust-bowl†, but because they can’t pay the mortgage to the banks, despite their hard work. Work is a very important theme in the book. Steinbeck is describing a family whose livelihood comes from working on the land. This has two meanings. The first describes their jobs as farmers who are literally working on the land to make it produce crops. The second meaning however is much deeper; it describes the actual process that farmers such as the Joads go through on the farm. They â€Å"work† the land by cultivating it and treating the soil the right way. They put their own blood, sweat, and tears into the land. In return the land sprouts crops, which they would then sell for money. The land however is destroyed by the dust bowl and the Joads have no place to work. They are skilled only for the farm. This is the first idea that Steinbeck gives about work. He shows a family with a skill, but in a place where the skill had no worth. Al seems to be knowledgeable about fixing cars, but for the most part, the only way that the Joads have, or can survive is as farmers. This is a direct statement on what the Industrial revolution was doing to America in the time period. The jobs on the farm that were done by hand were becoming machine tasks. Steinbeck makes a very blatant statement against the machines that came about and blamed them for much of what happens to the Joads that force them to leave the land. Steinbeck doesn’t only use the machines as the machine that literally forces the Joads off of their farms, but also incorporates the ideas that the big businesses are using the machine to do the jobs of the actual farm families. Work is what the driver of the tractor had to do when he comes to remove the Joads from the land in Chapter Five.

Wednesday, September 18, 2019

Influences Of The Renaissance Upon The Founding Of America :: essays research papers

The Renaissance was the most influential time period in the discovery of America. During the Renaissance, which lasted from the 14th century to the 17th century, great advancements were made in methods of navigation. Also, the greatest goal of almost every nation and empire was to claim new lands and seize its riches. The desire for the land motivated some to move westward. Another motive to expand during the Renaissance was the will to convert the native "heathens" into Christians. The Renaissance, which began in Italy in the 1300s, was one of the largest periods of growth and development in Western Europe. Navigation was no longer limited to traveling about by land. Large fleets of ships were constructed, and great navigational schools, the best founded by Prince Henry the Navigator in Portugal, were founded. People were no longer tied to the lands they lived on, as they were in medieval times. They were freer to learn new skills and travel. These enabled people to go further than they had before. Fleets of ships were sent to the Eastern world to bring back treasures and valuable spices. Routes to Asia were traveled beginning in the early Renaissance. The most posing problems with the set routes to Asia, which went around the Cape of Good Hope and along the coast of Africa, were that it was very dangerous due to enemy colonies along the route and was also very long. These problems made some people, including Christopher Columbus, decide to turn to the west to find safer and faster routes to the riches of Asia. What they found was the Americas. Believing that he would reach Asia, Columbus accidentally found a new continent, full of new riches and unclaimed lands. All of this occurred near the end of the Renaissance, beginning with the founding of America in 1492, near the end of the 15th century. Europe flocked to this New World, and founded many colonies, including the Thirteen Colonies, founded by Great Britain, which later became the first states in the United States of America. From these colonies, they extracted the wealth of and gold and spices that they sought in Asia. Additionally, they would convert the native people of the lands to Christianity. Columbus saw himself as a messenger of G-d, who brought salvation to the natives by converting them. Missionaries were built wherever a colony was founded, and often along the route of an exploration.

Tuesday, September 17, 2019

Introduction to Marketing Essay

You have been employed as a marketing intern with one of the UK’s largest marketing agencies and have been set various assignments to complete during your one-year internship. You will be required to demonstrate your research skills on various projects related to marketing, research and planning, marketing mix and online marketing. Task 1 P1 Describe how marketing techniques are used to market products in two organisations Due date: Refer to front sheet for date  M1 Compare marketing techniques used in marketing products in two organisations You are helping the marketing manager organise a ‘Marketing in Business’ conference. Your manager wants you to find out how other organisations use marketing techniques and has asked you to prepare a 10 minute presentation that you will deliver at the conference. You have been  asked to produce a leaflet to support the presentation, comparing the organisation. You have also been asked to produce speaker notes, which will be handed out at the conference. What to include in your presentation: Introduce your two organisations, their business and marketing objectives Describe what marketing is and why organisations use various techniques Describe clearly the marketing techniques they use to market a particular product/service or product range What to include in the leaflet: Compare the similarities and differences between the use of marketing techniques in your two organisations Growth Strategies (Ansoff’s Matrix) Survival Strategies Branding and Brand positioning Relationship marketing Due date: Refer to front sheet for date Task 2 Following your presentation about marketing techniques, you discovered that marketing activity is regulated and monitored by various bodies, codes of practice and laws. Using the 2 scenarios below, investigate and respond by letter to both: P2 Describe the limitation and constraints of marketing on the business. Suggested letter content: Introduce yourself and the department you work for.  Describe why abiding by marketing rules and regulations is necessary Identify the legal rules that apply to the case  Identify the voluntary factors that would apply to the case.  Stress the consequences of failing to comply with the legal and voluntary constraints. Due date: Refer to front sheet for date Scenario 1 A business organisation named â€Å"Fantasy† has recently spent 10 million pounds launching a new perfume. Fantasy has advertised on television as well as on YouTube. The advertisement is proving to be an international success and has raised a lot of interest from the young audience it is hoping to attract. Most importantly sales of the perfume have doubled over the last few months.  However, there have been a number of complaints regarding the content of the advertisement. For instance there are concerns with regards to nudity, language and the suitability of the advertisement for a younger audience. Of particular concern are the number of complaints that Fantasy use extreme methods when testing their products on animals. A number of pressure groups have campaigned for the ban of this advertisement from TV screens. Your task You have been asked to write a formal letter to Fantasy Head Office, Customer Complaints Division, identifying the limitations and constraints of marketing activities especially those that are relevant to the above scenario. Scenario 2 You have recently purchased a new mobile phone on arriving home you realise that the phone is unable to carry out the functions that you were promised. The phone was considerably expensive and you saved up for months in order to be able to buy it. However, when visiting the store you were offered the opportunity to purchase the product on credit. The store has also advised you it would be more efficient if you went on to their website and brought the product online and they have offered you a further discount for doing so. Two weeks later you are still waiting for your mobile phone to arrive. To make matters worse once you signed up for this product you have been bombarded with cold calls from other mobile phone companies, you fear that your personal details have been given out to other organisations without your consent. Your task How are you protected as a consumer? You must write a formal letter to the Office of Fair Trading expressing your concerns. You must identify the relevant Acts and regulations that protect you as a consumer. Due date: Refer to front sheet for date Task 3 P3 Describe how a selected organisation uses marketing research to contribute to the development of its marketing plans P4 Use marketing research for marketing planning  You have been approached by a new company that is interested in finding out  whether they should invest heavily in market research. Your first task is to produce a poster presentation on marketing research and planning, that you will deliver to the Board of Directors. Your suggested presentation content: Choose an organisation and agree choice with your teacher (www.thetimes100.co.uk case studies is a useful resource to use) Describe marketing research and marketing planning.  Describe the marketing research that is used by your organisation Describe how the marketing research collected is used by the organisation in their marketing planning Now you need to carry out marketing planning using marketing research Select an existing product/service or potential product/service for your organisation. Conduct primary and secondary research into customer perceptions and market analysis for the product/service and make proposals on how the organisation’s marketing planning can be developed. This should include a PESTLE/SWOT analysis, which shows the research you have conducted into your product. Your marketing plan should include the following: 1. Set clear SMART objectives regarding what you want your product or service to achieve 2. Conduct primary and secondary research on your product or service. 3. Conduct a SWOT analysis highlighting the strengths, weaknesses, threats and opportunities of your product or service. 4. Conduct a PESTLE analysis, analysing the external environment and the impact this may have on your product or service. 5. Write a brief summary with regards to your findings. Due date: Refer to front sheet for date M2 Explain the limitations of marketing research used to contribute to the development of a selected organisation’s marketing plans D2 Make justified recommendations for improving the validity of the marketing research used to contribute to the development of a selected organisation’s marketing plans. Considering limitations of market research Your task is to identify and explain the limitations of the market research methods used by your organisation. You will need to submit a formal report  of the limitations that you have spoken about, for the directors. You have been asked to write a formal report to the Head of Market Research at Hammersmith and Fulham. You have to make recommendations on how they can improve the validity of marketing research used for marketing planning. Introduce yourself, your role and who you work for Explain why you are writing to the organisation. Make at least 3 recommendations for improving the validity of market research used by your organisation Provide a justification for each recommendation you make. End your report with an offer to help if they require more information. Due date: Refer to front sheet for date Task 4 P5 Explain how and why groups of customers are targeted for selected products You have been asked to develop a visual poster to explain how and why groups of customers are targeted for products. You should: Explain what is meant by market segmentation and DMU’s Explain the difference between customers, consumers and buyers Select 6 different target groups (this should include both B2C and B2B) and give examples of products that are aimed at them and why). Due date: Refer to front sheet for date Task 5 A dynamic new company have approached your marketing agency and want you to help come up with an exciting new marketing campaign. You will produce a 10 minute presentation on the marketing mix. Propose a marketing mix based on your research to a clearly defined group of potential customers. P6 Develop a coherent marketing mix for a new product or service M3 Develop a coherent marketing mix that is targeted at a defined group of potential customers. Using the research from your previous task you will now give a presentation of the new marketing mix you propose. Suggested presentation content: You will need to think about how you are going to present the marketing mix for the company (Product, Price, Promotion and Place). The product or service  that you choose does not have to be entirely new, it could be an established product or service introduced to a new market The marketing mix must be clearly targeted to a defined group of potential customers and needs to be detailed and clear so that all the 4P’s meet the exact needs and aspirations of the target group of customers. Due date: Refer to front sheet for date

Monday, September 16, 2019

Whole Foods: a Whole-Istic Strategy

1. Define Whole foods’ â€Å"product†. How does it deliver value to customers? The Whole Foods Market chain was the first retailer in the United States offering products to its customers that are natural (grown without being treated with growth hormones or antibiotics) and ’certified organic’. The product of Whole Foods are organic, natural and gourmet foods, taking into account the environment as an important factor, and making of the earth the first priority. hey’re not a company selling cheap products but they’re a company selling quality and health to their customers. They’re not giving importance to businnes, but to quality and satisfy their customers. Whole foods is not only taking care of their customers but also of the environment and of our oplanet. Whole foods deliver value to their customers by selling the highest quality natural and organic products available, satisfying and delighting their customers, supporting team member happiness and excellence, creating wealth through profits and growth, caring about communities and the environment, creating ongoing win-win partnerships with their suppliers and promoting the health of their stakeholders through healthy eating education. 2. Organic food are becoming very popular. Many chains, including Wal-Mart, have begun offering and expading their selection of organics. Does this pose a competitive threat to Whole Foods? Wal-Mart represent a big threat to the Whole Foods stores, because it is starting to offer organic products at lower prices and if consumers start to see this in Wal-mart they’re going to start buying in there, but now in the USA all Products sold as â€Å"Organic† must now meet the requirements of the USDA Organic Rule, and every product most under a number show how organic is their product, that could be an advantage for Whole Foods because it can show that the quality meet the prices that they have, and for Wal-Mart could be a little difficult to have such quality product at such a low price. . With respect to Whole Foods’ targeting and positioning strategies, what challenges will the company face in the future as it continues to grow and expand? As it grows and expand it’s difficult to the market of organic food to keep all of these demand as far as it has Whole-Foods, it is also very difficult to satisfy the expectations of all the customers using suc h a high quality level in each of the products. For high quality products it is improtant to takle care of every item that comes out to the market, and it is so expensive for Whole Foods to do that so it is going to reduce quality. It is also important to know that Whole Foods incomes are flattening and net income is plummeting. And this is all going to create a debt for Whole foods and making such expensive products, they most cut costs to make make the company more proffitable. 4. In some places, Whole Foods is commonly known as â€Å"Whole Paycheck† While the firm has clearly positioned itself away from pricing issues, can it avoid this element of the marketing mix forever? Why or why not? It can avoid them by giving lower prices to their customers, but it’s difficult because they’re offering organic quality products, which in countries like the United States are very expensive to afford. It is very difficult to overcome this situation but Whole Foods is doing well by offering more discounts, increasing lower-priced store brands, advertising products they sell at a good value and organizing budget-focused store tours. This could be a major move for Whole Foods to create a new image of their market. . What other trends in the future of retailing do you think will have an impact on Whole Foods? The economy have it cycles but in the other hand it gives some trends like it’s people taking care of their health, there is a lot of people with their awareness and their consciousness and how lifestyle plays into the role of health. There’s a million of people realizing they want vitality in their lives. And these are big trends. These are shifts that people are not going to go back from.

Sunday, September 15, 2019

Copyright Infringement

Copyright Learning Team Weekly Reflection LAW/421 Learning Team D Weekly Reflection Week three focused on copyright infringement, and the legal issues in cyberspace associated with copyright laws. Copyright infringement can be classified into three theories; direct, indirect, and vicarious. Direct is the most obvious form because the copyright owner can prove legal ownership of the work in question and that the infringer copied the work without permission. A facilitator in indirect theory of copyright infringement is liable for damages.The copyright owner must identify the direct infringer, and the facilitator must have knowledge of the infringement. The copyright infringement case against Napster was a landmark case that forced Napster, once a free subscription service, to re-emerge as a paid subscription service. This case changed the way music was bought. Contributory infringement was used against Napster to force them to shut down and change their business model. Understanding th e defense to infringement claims, specifically fair use can be complex. Fair use is the most common defense of copyright infringement.Under the fair use defense, some infringement is permitted if the device can be used in a significant non-infringing way, such as a VCR. With the digital age and the growth of the Internet applying the copyright law has become more difficult for the courts. Photography, music, and software are the biggest areas affected by copyright infringement and issues dealing with cyberspace. Formats such as MP3 have made it easier for infringers’ to record audio and data files much faster than before, which can make it harder to catch the infringer or facilitators.Software has also become increasingly popular for unauthorized duplication. iTunes has stepped up to adhere to the laws protecting copyright by implementing safeguards to prevent illegal downloads. Digital photography and social networking have opened up new dimensions of copyright infringement issues for photographers. The Digital Millennium Copyright Act has made strides in protecting copyright holders in the digital age by holding third parties responsible and going after parties that illegally download copyrighted aterial. Given that technology is proceeding at a lightning pace, one can only imagine how the music and movie industries are grappling with keeping as much as the profits as possible from their creative works. Although challenging for lawmakers, the advancement of technology in recent years has led to the culmination of new laws and precedent in protection of intellectual property. The Computer Software Copyright Act of 1980 afforded protection to computer software programs.Since then, appellate courts have suggested patents instead of copyrights provide the most appropriate form of intellectual property protection. Copyright infringement and protection is an important issue for all businesses small and large. Most large businesses started out as small busin esses that had a good idea that changed everything. Many small businesses don’t own patents or copyrights, but as information becomes more and more valuable parts of businesses they are becoming more of a concern. The most valuable part of most companies is their intellectual property.The franchisor must give full disclosure and details that relate to any part of the franchise or company in question under certain terms and conditions. It’s also important to remember to check and see whether the franchiser has established another franchisee or any other promissory agreements. Patent and Trademark lawyers are familiar in these matters and should be consulted upon buying a company with valuable information or if your own company or if patents and copyrights get involved (Steingold, 2005).

Saturday, September 14, 2019

Ashaba-Ahebwa Mark on Civil Law in the Ugandan Jurisdiction Essay

The topographic point and manner of test is normally determined by type of test and proceedings. If you make an application by biddings. so you will be heard in Chambers. Procedure 1 – where suspect elects non to name grounds The Plaintiff or recommend makes an gap address referred to sometimes as an gap statement. After that the complainant informants are called. examined cross examined and re-examined. After that the complainant or his advocator amounts up the instance by doing a shutting address. After that the Defendant states their instance and makes a shutting address. Procedure 2 – Defence elects to name grounds Advocates for the complainant makes an opening statement. the complainant informants are called. examined. cross-examined and re-examined. After that the defendant’s advocate makes an opening statement. After that the defendant’s informants are called. examined. cross examined and rhenium examined. After the Plaintiff or his advocator amounts up the instance by doing the shutting address. Thereafter the suspect sums up the instance and makes a shutting address besides. The Defendant can answer to the plaintiff’s shutting. The answer merely covers new land. In instances where there are many suspects and many complainants the same process will use but if the suspects are represented individually. so the advocates will individually do their entries individually by order of visual aspect. Cross scrutiny of informant will besides follow the order in which they proceed. Co complainants will usually be represented by the same advocate. Who has the right to get down the instance? Order XVII Rule 1 The complainant or the applier has the right to get down. Of class there are certain exclusions to that right to get down. 1. Where the Defendant admits the facts alleged by the complainant but raises an expostulation on a portion of jurisprudence. In such a instance the suspect should be entitled to get down by subjecting on that portion of the jurisprudence. For illustration. say one raises a supplication of Res Judicata? In such a instance one can state that they have sued the suspect by they have raised an expostulation on the portion of the jurisprudence a and in this instance. the Defendant has the right to get down on a supplication of RESs judicata. Or the Defendant raises the supplication of restriction. they have the right to subject on that point of jurisprudence. However it is advisable that one should ever set it in the pleadings whatever supplication they intend to raise. 2. Where the Defendants admits the facts alleged by the complainant but states that the complainant is non entitled to the alleviation that they seek for illustration drawn from Seldon v. Davidson in which instance the complainant brought proceedings for recovery of a debt. In their defense mechanism the suspects admitted that they received the money from the complainant but pleaded that the money was a gift. In this instance the suspect has a right to get down. Suppose there are several issues? May be it could be many different parties and there is a difference as to who should hold the right to get down? The tribunal will direct that the party with the load of turn outing the bulk of issues shall get down. Opening Statement What should it incorporate It is normally a brief lineation of either the defendant’s or the plaintiff’s instance. normally it will province the facts merely. They will be stating the tribunal the informant that they intend to name and will be giving a prevue of what they intend to turn out. Normally this is an debut to the full test and it is of import that it is interesting. logical. credible and in a narrative signifier. Usually it is non necessary for the Judge to enter the gap addresss unless one raises a point of jurisprudence. It is of import that a note should be made in the tribunal record that an gap address was made. an gap address must non incorporate grounds. It should merely be limited to a statement of basic facts that the parties intend to turn out or trust on as defense mechanism. After you make the gap statements. you move on to scrutiny in head. Examination OF WITNESSES Examination in Chief When you call a informant there are 3 phases1. Examination in head2. Cross Examination3. Re scrutiny Examination in Chief The object of scrutiny in head is to arouse facts that are favorable to the instance of the party naming the informant. In other words the test in head is when you question your first informant. Sometimes the plaintiffs themselves. Normally they will be giving grounds that will be favorable to their instance. It is governed by two regulations ( a ) The informant can non be asked prima inquiries – these are inquiries that suggest the reply expected of that individual. For illustration you can non inquire Was your concern running into fiscal troubles last twelvemonth? You should inquire what was the fiscal place of your concern last twelvemonth? The art of cognizing whether a inquiry is taking is learnt with experience. ( B ) The scrutiny must non be conducted in an assaultive mode. Normally at cross scrutiny you can assail but you can non make that to your ain informant. If your informant turns hostile. you can inquire the tribunal to declare the informant a hostile informant a nd one time the tribunal does that. you can so assail the informant. When a informant is declared hostile ( I ) You will be allowed to impeach the creditability of that informant ; ( two ) You can inquire prima inquiries ( three ) You can inquire them inquiries that touch on their truthfulness and even their past character and old strong beliefs. ( four ) You can besides be able to analyze on certain issues by leave of the justice e. g. you can oppugn the hostile informant on statements they made antecedently which is inconsistent with their present testimony. This can assist to demo that the witne3ss is giving conflicting grounds which the tribunal is allowed to decide when they are taking the grounds into history. You must take witness statements. If they give grounds inconsistent with the statement that they signed. you can impeach their credibleness and bring forth the informant statement. CROSS EXAMINATION There are 3 purposes of cross scrutiny 1. To arouse farther facts which are favorable to the cross analyzing party ; 2. To prove and if possible dramatis personae uncertainty on the grounds given by the informant in head ; 3. To impeach the credibleness of the informant. Cross scrutiny – the range is broad one is allowed to inquire prima inquiries. inquiry a informant on old testimony. it is non restricted in any manner. A good Advocate will ne'er bury the virtuousness of courtesy. RE EXAMINATION Once you have examined your informant in head. the other side cross-examines your informant. The re scrutiny is a sort of retrieval procedure. This is when you try to mend the lesions that were opened up in cross scrutiny. Most of import. re-examination is purely restricted to affairs that arose at cross scrutiny. The tribunal besides has powers to inquire a witness inquiries for the intent of clear uping points. SUBMISSION OF NO CASE TO ANSWER The suspect may do a defense mechanism of no instance to reply after the entry by the complainant. The Judge must make up one's mind whether there is any grounds that would warrant seting the suspects on their defense mechanism. Normally if the entry of no instance to reply is non upheld. the instance continues. If the tribunal says that there is no instance to reply. that governing can be challenged on Appeal. Taking DOWN EVIDENCE Normally grounds of informants is taken orally in unfastened tribunal under the way of a Magistrate or Judge. it is usually written down in narrative signifier i. e. non inquiry and reply signifier but where there is particular ground. the grounds may be in inquiry and reply signifier. The regulation is that the tribunal may on its gesture taken down a peculiar inquiry verbatim and the reply verbatim. Where either party objects to a inquiry and the tribunal allows it. so the tribunal should enter the inquiry. the reply and the expostulation and the name of the individual raising the expostulation and if they make a opinion they must besides enter the opinion of the expostulation raised. Tact is required as you may happen that. Sometimes if you object excessively much you can annoy the Judge. Object merely for of import things. In the class of taking grounds. the tribunal may besides enter comments made by informants while under scrutiny and usually after taking down the grounds the justice will subscribe that grounds. The tribunals can besides enter comments and demeanor of a informant. PROSECUTION & A ; ADJOURNMENT OF SUITS Public policy paperss that concern of the tribunal should be conducted efficiently. It is of great importance and in the involvement of justness that action should be brought to test and finalised with minimal hold. Order XVI Rule 1 requires that hearing of instances should be on a twenty-four hours to twenty-four hours footing until all informants have testified. However this is non ever possible and that is why the tribunal may recess a hearing on its ain gesture or upon application by either of the parties where good class is shown. The regulation requires that dissolutions can be granted where good cause is shown Habib V Rajput the complainant instance came up for hearing. the advocators applied for dissolution on the evidences that their client was absent for some unexplained grounds. The respondent opposed stating that his informants were already in tribunal and had come from really far off and it was bing a few thousand shillings to maintain them there per twenty-four hours. Was the plaintiff’s ground good cause to recess. The tribunal ruled that no sufficient cause was shown and the application for dissolution was dismissed. Kamil V. Merali NO STEPS TAKEN – Order XVI Rule 6 Under Rule 6. where no application has been made or stairss taken for 3 old ages by either party. the tribunal may order the suit to be dismissed but normally the application should demo do why the suit should non be dismissed. Any instance which is dismissed under Rule 6 can be instituted afresh topic to regulations of restriction. Victoria Construction Co. V. Dugall The tribunal considered the significance of stairss taken within the significance of Rule 6. the Case was filed in November 1958 and in 1960 the Applicant decided to mention the instance to an arbiter but efforts to decide the difference through arbitration failed. The affair went to kip until 1962 where the registrar asked the parties to demo cause why the suit should non be dismissed. The Plaintiff contended that the stairss to seek arbitration amounted to stairss taken. The inquiry was whether an understanding to mention the affair to arbitration was a measure taken and the tribunal held that that was non a measure taken and the instance was dismissed. In this instance. the tribunal explained 1. That one has to fulfill the tribunal that the suit is ready to continue without hold. 2. One has to fulfill the tribunal that the suspect will endure no adversity ; 3. That there has been none frequent inaction by the Plaintiff. It is advisable at the clip the instance comes up for hearing to inquire that it be stood over by and large ( SOG ) to give you clip to travel to arbitration and if you are non ready. you can ever travel back to tribunal and seek an extension. This manner there is a measure taken. Shutting Address You are stating the tribunal that you have presented your grounds. that you have proved that so and so is apt and you will besides be stating the tribunal that this is the jurisprudence and if applied to the facts of your instance so the jurisprudence should back up your supplications. You will be stating the tribunal of past determinations that support your instance. You will accommodate the facts. the jurisprudence and past determinations that support your instance. You make your instance in the shutting statements.