Jane Austen said of Emma ‘she is a character who no-one but myself will much like.’ Examine the idea of Emma as a likeable character

Jane Austen said of Emma ‘she is a character who no-one but myself will much like.' Examine the idea of Emma as a likeable character. On deciding my opinion of Emma from what I have perceived of her, I took into account the different influences when reading it. In the period when the book was written, the character of Emma would have been disliked by the audience whoever read it in Austen's time would have felt she is headstrong and could have been seen as a woman who rebels against society. This is shown in the novel when she is speaking to Mr. Elton and refusing his proposal, â€Å"believe me, sir, I am far, very far, from gratified in being the object of such professions.† In this time women were influenced by society to marry for wealth in order to secure their future. The author's opinion on Emma is â€Å"she is a character who no-one but myself will much like.† However these very same characteristics would be viewed by the modern world as acceptable because more women in today's society are found to be more independent and are headstrong. Reading through the book at different points, we can see the many flaws and strengths Emma has a character. As a reader we notice how she is a loyal friend and considerate both towards Harriet and her father Mr. woodhouse. But we also see how she can be manipulative to Harriet and thoughtless to miss bates â€Å"it was as much as Emma could bare without being impolite.† The idea of the author describing the situation by using the bare would suggest to us that the predicament she is in; to her is something very bad and difficult to get out. The reason the author chose this was to get the readers to understand what Emma's feelings are at that point, being there and listening to miss bates, at this point I empathize with Emma, she is being patronizing but polite towards miss bates. It's in this chapter 43 where she finds miss bates dull, but to say those things in her society would be frowned upon. However in certain times of the book I find Emma to be too full of her and should learn how to respect others. Although generally my opinion of Emma would be that I like her and the character she is, is believable as her characteristics are found in all of us. Even if the book may portray the other characters in another way not showing the reader what they are truly like so we cant judge Emma's actions against theirs. I find Emma to be a typical human by the way she acts. Emma has her own opinions and voices them out if what others are saying or doing her is against. This shows Emma as a strong minded individual and doesn't believe in the way society is governed, to me as a reader, it seems that Emma is restrained and held back by society. When studying at the character of Emma in the period of Austen, the readers may approach Emma differently. Their views and opinions of her may change due to the way the society of their time worked. The fact that Emma was rude publicly to miss bates where she voiced out her opinions of her, â€Å"ah ma'am, but there maybe a difficulty. Pardon me – but you will be limited as to number – only three at once.† in this sentence you can see that when Emma says this, there is hardly a pause and that the thoughts come easily to her but what she says is not justified for in the period this was written if certain members did not cooperate with each other they were taught to refrain themselves from speaking nastily about them out loud. People in Austen's society, when reading this book, would disapprove of Emma when she talks about her feelings towards marriage. At this point, us the audience can now see Emma at a different perspective, we now see how selfish she is capable of being when she declares that she will marry Mr. knightly for love and not wealth but advises her friend Harriet to marry for social status on page 48. This links to when Harriet tells Emma that she plans to marry Mr. Martin for love but Emma dismisses this idea and encourages Harriet to find someone else and marry them for wealth. However Emma's feelings change yet again when Harriet confides in her and tells Emma that she believes to be in love with Mr. knightly, here we see Emma change moods and projects Harriet to be beneath Mr. knightly and that she does meet the expectations. This is where Emma clings to established idea only when it suits her, but does turn against them, to the readers it would suggest to them that Emma is confused about where she stands and what she wants to believe in. she seems as though her character is rather fickle. At the time when this book was written women were expected to marry mainly for wealth and social status in order to secure their future and well being. But in the 19th century at the time when this was being written, there had been a huge change in the social structures because of heightened industry. New money had been introduced and began to make its mark; Austen satirizes this least confident, most pompous part of society such as the Coles. Rank was determined by family history and not current wealth. Mr. Weston is of good family but is not a historical landowner. This is where Emma clings to established ideas only when it suits her but does go against them. People reading Emma in Austen's time would find Emma too headstrong and seems to have no respect. This also links to when Harriet wishes to marry Mr. martin for love but is persuaded by Emma to refuse him and marry someone else who is financially secure, however when Emma finds out about Harriet's feelings towards Mr. knightly, Emma's mood switches and makes Harriet sound as though she is beneath him and not good enough. One incident in the book where Emma shows this is when Mr. Weston marries Miss Taylor â€Å"a portion less governess.† Emma also illustrates her changing attitudes in society as well when Emma is distasteful of the Coles and Mrs. Elton who have come into money only recently and here Emma refers to that by commenting â€Å"she bought no name, no blood†¦Ã¢â‚¬  in this quote Emma uses blood in a very personal context about people now becoming wealthy, she sticks to old hierarchical values which shows she lacks forward thinking. In Austen's period men were allowed to make matches with no money and social security if the woman was pretty and accomplished. With this attitude in today's society because woman now have a near equal status, the idea wouldn't be welcomed and maybe frowned upon by us. Also both partners are expected to have some money and had an education. In chapter 8 it backs up my point as Mr. knightly is arguing with Emma about influencing Harriet's decision in marrying Mr. martin because Harriet's background is unknown and its because of this that none of the characters can make a true judgment as who will be best suited to Harriet. Here it shows one of Emma's faults as she is quick to judge without knowing all the facts. We would perceive her as more of the type of person we would associate with our modern society, as well as looking at the people around us in our world and comparing it to the time the book was written; over the years women have grown more independent and it is seems clearly in our society. Women are seen to be more head strong and focused for what they are aiming for in life, and the character of Emma enforces this. She had formed her own opinions of people and had admitted that she is quite happy to match make even if others disapprove. â€Å"I have none of the usual inducements of wanting to marry†¦fortune I do not want, employment I do not want†. Emma's thoughts of marriage and love is put to the reader she also refuses to acknowledge about the qualities men look for in a wife, such as security and for the women to be pretty and accomplished. Her refusal to these codes, caused problems between men, and relationships. This idea could be linked to when she refuses Mr. Elton as she does not love him and is also not prepared to commit herself to him. Mr. Elton is a wealthy character and in Austin's time Emma would have been expected to marry him. In today's society, many young single women take an interest in their friend's future and also match make, but in our time it is very much welcomed. Also in our modern environment people of become less shallow about wealth and appearance, and when they marry, they marry for love and not wealth, compared to Austin's era. Touching on the idea that Emma is more ahead of her time in the opinions of love and marriage, we ourselves look back and see her character as normal for most of her actions are exactly what we today would feel, such as being honest about our feelings of other people, whether we like them or not. As well as advising or helping our friends, choose partners. When Emma is helping her friend Harriet by introducing her to gentlemen, people in Aust in's time as well as our society would approve of her doing that. At the period of time, the author was writing, she was at that point single and un-married. She had strong feelings against loveless marriages and with these emotions Jane Austin has established her characters, for instance she herself is written as Emma, Miss Taylor's role is idealized and Jane Fairfax; her position is more realistic as her outcome/marriage to Frank Churchill is looked upon as unlikely. She focuses on Emma's character to put across to the readers, her views on marrying for love as the outcome for Emma is that she marries Mr. Knightly for love. With Austin's female characters she removes them from actual society and romanticizes. The readers expectations of a happy ending is marriage, Emma is shown to have learnt that marriage is good. Could Austin be shown to be ironic? I think that at the time Austin was writing most, if not, all stories finish with a happy ending and it was unusual if they did not. I also, have the idea that the reason why she chose Emma to fall in love and then marry, is that she probably wanted to show people in her society that it is possible to stop caring so much about money and to marry someone you care about. However, when I contemplate this idea I begin to wonder, why, if my theory is correct in some way, that she chooses Emma to act peculiar and show her clinging onto establish ideas when it suits her. Most women in Austin's period would not have been troubled or confused about their feelings towards their marriages and the gentlemen they married, where as Emma at one point asks herself for a clear answer about what she feels for Mr. Churchill. â€Å"I will certainly not persuade myself to feel more then I do†¦he is undoubtedly very much in love everything denotes it very much in love indeed†. By ending the story happily its suggests to the reader as well as taking into account Austin's views, that perhaps Austin is wanting this in her own life, such as to find a gentleman she loves and marry. There are two explanations as to why Austin is doing this, it could in away be that the author feels threatened in someway, that she may never marry as she is turned against society for promising to marry for love and with this idea she uses Emma to portray what she wishes. The other explanation is taken from a modern point of view that Austin is looking at the realistic side of marriages, such as love and not the materialistic side, for readers of today would respect Austin and the character of Emma for feeling this way. By Austin making this promise to her she is in a way making a statement to her society by using Emma's character to mould Austin's emotions. By ending the story with Emma marrying, Austin in turn hopes that she will find a gentleman, that she loves and will eventual ly marry him. The position of Emma's character in the social hierarchy is that she is a daughter from a father who is a substantial land owner. She has been brought up in a well to do family, who has a history of wealth which they are flourishing in. It is from this situation that Emma has formed her opinions, on the ‘old' times and is distasteful to people who have recently come into money, due to the society shake up. When a woman, such as Emma is born into high society, she is expected to help the less fortunate, by attending to them and giving them food, which improves her character and it, is thought by doing this, it will help her have a better profile when marrying. Readers in Austin's period would agree with Emma helping the less fortunate, however in our society we would respect this charitable act. Although, the mentioning of the poor and needy, conditions in their time were largely missed out of the novel. But Austin writes of one visit to the poor, which is to heighten Emma's charity due to her command of the narrative. This is shown when Emma and Harriet pay a visit to Miss Bates house and offer help, also the topical issues such as social structures are held to irony and exaggeration. Because Emma is expected to be charitable she is also predicted to be nice to those lower in the social status such as Miss Bates. However, because of Emma's view on the resent monies and the people who h ave reaped the benefits and become rich, Emma acts pleasantly towards them, but in our society we would class that as an insult and snobbery. â€Å"With the father who is affectionate and indulgent† towards Emma. Would help us to understand Emma's view on certain things; possibly it is the father who has enforced the established ideas on Emma. From studying the characters of Jane Fairfax, Emma and Mrs. Elton, it gives me the impression that Jane Fairfax illustrates the positive side of Emma's character whereas Mrs. Elton is seen as the negative side of Emma's character. At the beginning of Chapter (20) the readers are introduced too Jane Fairfax â€Å"Jane Fairfax was an orphan† this setting makes you as a reader sympathetic towards Jane Fairfax. Continuing to read the chapter, readers learn of Jane's background and become aware of a more positive description of her character as opposed to Emma's character. As well as that Emma tolerates Jane and she accepts Jane into society but not the Coles who have recently become rich. The readers begin to get the idea that Emma recognizes Jane's attractiveness and becomes jealous of her, in chapter 20 â€Å"Jane Fairfax is elegant†¦Ã¢â‚¬  However when reading the description we seem to side rather with Emma and look upon Jane as too much of a good character and feel she is too superficial, this is my opinion from a reader of today. The reason the readers feel like this towards Jane is probably because the narrative style as Austen uses a narrative style that is omniscient, she writes in third per son so she is observing the action and development of the plot from the point of view of a central character and privy to her thoughts and feelings alone. The character of Emma is more believable as she has many faults like a proper human which are revealed through her actions and conversation. Picking out certain key quotes, I notice that maybe Emma is acting a bit harsh towards Jane â€Å"why she did not like Jane Fairfax might be a difficult question to answer.† Personally I don't think she is aware of how harsh she can be but needs to take control of feelings. In Austen's society, the readers would favor Jane over Emma as she would be seen as a better wife to look at but knowing Jane's background it would affect her chances for she was not born with money. Why readers of Austen's period would also like Jane's character more, is that the author doesn't write from Jane's point of view but only Emma's, so we cant understand any of Jane's feelings towards certain characters, whether she thinks nastily of them or highly. Another fault of Emma shown in this chapter is that we as the readers perceive Emma to be lazy â€Å"always d oing more then she wished and less then she ought.† To help us understand Mrs. Elton's character, we can look at the conversations between her and the other characters. I noticed that she is very tedious to talk to. â€Å"It was as much fun as Emma could bear without being impolite.† This once again illustrates Emma's character in a bad light; it's when Emma's shows the reader her capability of being rude to characters when its unprovoked makes me wonder if I do like Emma. Maybe Emma is nasty to Mrs. Elton; I don't think that both Austen's and modern society would disapprove as much for Mrs. Elton is shown not to be a likeable character. But with Jane the readers of Austen's society would feel it's unnecessary for she is a likeable person. The readers make their judgment of the characters from what they have been shown or given hints to by the author and from this we get the idea that both Jane Fairfax and Mrs. Elton seem like (2) exaggerated characters of Emma's personality. Emma's relationship with the male members of society differs from the personality of the male; for example when she is in the presence of Frank Churchill, Emma tends to act flirtatious and possessive therefore gives an immediate impression that she feels insecure and thinks that Frank is only there for her amusement (reference to this is in Chapter 43, page 361) As we read more about the different occasions Emma spends with Frank we assume Emma to fall in love with Frank and marry â€Å"if I find him conversable, I shall be glad of his acquaintance; but if he is only chattering coxcombi he will not occupy much of my time or thoughts.† After being around Frank Churchill Emma develops a judgmental streak in her personality as she becomes almost fanatical with looks and appearance (Chapter 18) the similarities between Frank and Emma is that they are both appearing to be critical on appearance because at a degree Frank also cares about looks (Chapter 23) Frank is flirting with Emma and flattering her. Emma likes to be around Frank when he is flattering her as it is more adult, (Chapter 43). At this point we sort of like Frank but wonder if he is false. The remarks he makes when complimenting characters does he truly mean them or is he just saying them to improve him-self and to make others like him. â€Å"Miss Woodhouse you have the art of giving pictures in a few words. Exquisite quite exquisite.† By giving the readers these certain hints it means that Austin can help trick the readers into believing that Frank is Emma's match for they are socially equal it is a far gone conclusion before he even enters the novel. (I.e. they are both socially and financially equal as well as being at a similar age). The conversation's between Emma and Frank shows Emma to be slightly immature and prone to speak her mind as opposed to when she is in the company of Mr. Knightly. Frank Churchill is a â€Å"dashing young hero† this makes him sounds a bit ruthless and insubstantial. However, Emma's relationship with Mr. Knightly is different the impression of Mr. Knightly is that he is a perfect hero, The two quotes that have been mentioned above clearly states that Frank Churchill is shown to be vain, whereas Mr. Knightly comes across as not. Mr. Knightly is virtually never wrong, as he shows clarity and insight in judging Emma as well as other characters. To us as a reader we feel we can trust and respect him for his thoughts and opinions. In (Chapter 8) we see Emma to be showing her faults as she takes criticism from Mr. Knightly. From my opinion by Emma becoming aware of her faults she can rectify them and therefore become a better person. But in Chapter 43 we see Mr. Knightly giving opinions and not criticism he is honest and admits to not liking Frank Churchill to which the readers of Austin and today's society would respect, however when Emma admitted to not liking Miss Bates, she was frowned upon because Miss Bates character was portrayed as old and pathetic. When Mr. knightly is dancing with Harriet, he is trying to almost prove to Emma that he would do any thing for her but I doubt the readers would pick this little hint up as they fell its an act of kindness. We also read a different persons opinion of frank Churchill's character â€Å"Mr. knightly who for some reason had taken an early dislike to Mr. Churchill.† It's as if by reading this quote that the author is patronizing and suggests that frank is harmless for the way which he shows kindness is through flattery. Austen is demonstrating irony. The irony in Emma's belief that she is the centre of everyone's intrigues when she is in fact blind to her own feelings she has of Mr. knightly. I think as a reader I would say I much rather prefer Emma's character when she is in the presence of Mr. knightly as she more grown up by realising her mistakes and able to take criticism in chapter 8 but when in the company of frank Churchill Emma is somewhat childish and more prone to speak her mind in chapter 43, she is inclined to feel jealous as she is of Jane Fairfax when invited to the Coles party in chapter 25. Emma's relationship with her father, he is overprotective of her â€Å"affectionate and indulgent father.† But they are very close to one another for when the readers are told about the proposal of Mr knightly to Emma she has trouble to say yes as she wishes to remain near to her father and live near to him in chapter 50. Emma is selfless in relation to her father. The connection with Emma and miss bates the harmless spinster who is the aunt of Jane Fairfax. She is sweet and tempered but tedious due to incessant chatter. In chapter 43 the readers see another side to Emma as she acts unkindly towards miss bates. It illustrates to us that Emma doesn't think before acting but later regrets the things which she has said. Yet the reader can't clarify whether Emma apologises for herself of Mr knightly. We are shown the extent of Emma being headstrong we therefore feel sympathy for miss bates but can see how she can be intensively annoying because of the narrative style. Although in Austen's period when women were not allowed to speak out of tone publicly but the character of Emma is shown otherwise, I feel in a way that I respect Emma more and she is presented to the readers that she is ahead of her time. Emma reflects the values of Augustan society which was written 100 years before the novel was written. In the 19th century at the time when Austen was writing there had been a huge change in social structures. New money was beginning to make its mark and more people were becoming rich. It's this that Austen satirises this least confident and most pompous part of society. Mr knightly and Mr Woodhouse are substantial landowners. The ‘new rich people' now associate themselves with the historical landowners and its because they have only just come into money that Emma is distasteful towards them but Emma clings to established ideas as and when it suits her; She accepts Harriet of whom a financial background is a mystery where as she isn't fond of the Coles. â€Å"The Coles were respectable in their way, but they ought to be taught that it was not for them to arrange the terms on which the superior families would visit them.† From a modern perspective I would see this as snobbery and for me puts Emma in a bad light whereas in Austen's point in time it may have the opposite effect for they would see Emma as obeying the society rules. I gather that Emma would have the satisfaction in dismissing the invitation but hearing of others going and wanting to be the centre of attention she partakes, this idea relates to my point I made about clinging to traditional designs when it suits her. Harriet smith is seen as Emma's project and a â€Å"lady of unknown birth.† She is more in charge of her heart then Emma. Throughout the novel the readers can clearly see that both Emma and Harriet are close friends; Emma is very considerate of Harriet and loyal. In chapter 7 Emma influences Harriet on rejecting Mr Martin's proposal because Emma fears for Harriet's financial situation when marrying Mr Martin. This could be seen in two different ways as it shows emma trying to good friend as she thinks of Harriet's future however some readers may think this hypocritical of Emma; after reading the book and looking back at this point once Emma has declared she will marry for love and not money but advises Harriet to marry for money and not love. Austen is trying to comment on a society interested in social structures not values and personality. With mrs Elton she marries for money even though she is quite wealthy whereas mr martin who doesn't seem to care about the social structu res or the social statuses involved he wishes to marry for love. Emma has many flaws and weaknesses and suffers from humility (chapter 43, criticism from mr knightly) and self knowledge both of which she lacks at first but through the novel she gains in her journey in adulthood. One of her weaknesses is that she manipulative in chapter 7 on influencing harriets decision but could be seen as caring for harriets future. She is shown to be thoughtless towards miss bates but might be turned into emma being headstrong and not following a trend with others. I generally think emmas character means well in what she does throughout the novel. I see emma as a genuine character because she has flaws in her personality which are resolved but because they are I don't find her as interesting in towards the end of the novel. From a person of 100 years ago when the book was written I would say that they would've have liked emmas character because of her flaws and the way they are displayed to the reader.

Section 482 of Crpc and Powers of Quashing of Fir

CODE FOR CRIMINAL PROCEDURE PROJECT ON SECTION 482 and POWERS OF QUASH OF FIR SUBMITTED BY:- ANKITA VERMA TABLE OF CONTENTS 1. INTRODUCTION 2. INHERENT JURISDICTION VESTED IN THE HIGH COURTS 3. INTERFERENCE UNDER ARTICLE 226 FOR FIR QUASHING 4. VIEW OF THE SUPREME COURT 5. AMENDMENT OF CODE OF CRIMINAL PROCEDURE ENABLING 6. RESTORATION OF COMPLAINTS 7. THE ACTIVIST PHASE 8. GUIDELINES FOR EXERCISING THE INHERENT POWERS 9. CONCLUSION 10. BIBLIOGRAPHY INTRODUCTION Sec 482 deals with Inherent powers of the Court.It is under the 37th Chapter of the Code titled â€Å"Miscellaneous†. The state high courts in India have been given supervisory and regulatory powers over the conduct of the lower criminal courts within their respective territorial jurisdiction, including inherent powers under section 482 of CrPC. Section 482 confers inherent powers on the state high courts to intervene in any criminal proceedings, to prevent abuse of the process of the court and to secure the ends of ju stice.Faced with a false criminal complaint, a person can file a petition under section 482 of the CrPC with the state high court and seek quashing of the criminal complaint. Inherent powers u/s 482 of Cr. P. C. include powers to quash FIR, investigation or any criminal proceedings pending before the High Court or any Courts subordinate to it and are of wide magnitude and ramification. Such powers can be exercised to secure ends of justice, prevent abuse of the process of any court and to make such orders as may be necessary to give effect to any order under this Code, depending upon the facts of a given case.Court can always take note of any miscarriage of justice and prevent the same by exercising its powers u/s 482 of Cr. P. C. These powers are neither limited nor curtailed by any other provisions of the Code. However such inherent powers are exercised sparingly and with caution. Section 482 CrPC talks about the inherent powers of the high courts. This section reproduces section 561-A of the code of 1898 without any change. It does not confer any new powers on the high courts but saves such inherent powers which the court possessed before the enactment of CrPC.Though the jurisdiction exists and is wide in its scope it is a rule of practice that it will only be exercised in exceptional cases. The section was added by the Code of Criminal Procedure (amendment) Act, 1923, as the high courts were unable to render complete justice even if in a given case the illegality was palpable and apparent. The section is a sort of reminder to the high courts that they are not merely courts of law, but also courts of justice and possess inherent powers to remove injustice.The inherent power in the high is an inalienable attribute of the position it holds with respect to the courts subordinate to it. These powers are partly administrative and partly judicial. They are  necessarily judicial when they are exercisable with respect to a judicial order and for securing the ends of justice. The expression ‘ends of justice’ is not used to comprise within it any vague or nebulous concept of justice, nor even justice in philosophical sense, but justice according to law, statute law and the common law.Inherent powers are in the nature of extraordinary powers available only where no   express power is available to the high courts to do a particular thing , and where the express power does not negativate the existence of such inherent power. The jurisdiction under section 482 is discretionary; the high court may refuse to exercise the discretion if a party has not approached it with clean hands. As per the scope of this section is concerned, it has a very wide scope. The inherent powers are only with the high courts and no other court can exercise these powers.The high courts are bound to exercise such powers whenever there is injustice done by the court below. Some of the inherent powers of the high courts are: a)  Ã‚  Ã‚  Ã‚  quashing of   F IR. b)  Ã‚  Ã‚   quashing of complaint. INHERENT JURISDICTION VESTED IN THE HIGH COURTS â€Å"Saving of inherent power of High Court- Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice. The section was added by the Code of Criminal Procedure (Amendment) Act of 1923. The section envisages 3 circumstances in which the inherent jurisdiction may be exercised, namely: -to give effect to an order under CrPC, -to prevent abuse of the process of the court, -to secure the ends of justice. The jurisdiction of the high court is confined to the courts subordinate to it in the state for which the high court has been constituted. An application under section 482 cannot be entertained by any court other than the high court.The inherent jurisdiction possessed by the high court und er this section is not confined to cases pending before it, but extends to all the cases which may come to its notice whether in appeal revision or otherwise. Inherent powers under section 482 can be invoked only in the event when there is no other remedies open to the aggrieved party. The inherent jurisdiction of the high court preserved under this section is vested in it by law within the meaning of article 21 of the constitution. The procedure for invoking the inherent powers may be regulated by rules which may have been or be framed by the high courts.The power to make such rules is conferred on the high court by the constitution. Where the rules were previously framed, they continue in force by virtue of article 372 of the constitution. INTERFERENCE UNDER ARTICLE 226 FOR FIR QUASHING The power of quashing the criminal proceedings has to be exercised very sparingly and with circumspection and that too in the rarest of rare cases and the Court cannot be justified in embarking upo n an enquiry as to the reliability or genuineness or otherwise of allegations made in the F.I. R. or complaint and the extraordinary and inherent powers of Court do not confer an arbitrary jurisdiction on the Court to act according to its whims or caprice. However, the Court, under its inherent powers, can neither intervene at an uncalled for stage nor it can †soft-pedal the course of justice' at a crucial stage of investigation/ proceedings. The provisions of Articles 226, 227 of the Constitution of India and Section 482 of the Code are a device to advance justice and not to frustrate it.The power of judicial review is discretionary, however, it must be exercised to prevent the miscarriage of justice and for correcting some grave errors that might be committed by the Subordinate Courts as it is the duty of the High Court to prevent the abuse of process of law by the inferior Courts and to see that esteem of administration of justice remains clean and pure. However, there are no limits of power of the Court but more the power more due care and caution is to be exercised invoking these powers.The Apex Court held that nomenclature under which the petition is filed is totally irrelevant and does not prevent the Courts from exercising its jurisdiction which otherwise it possesses unless there is a special procedure prescribed which procedure is mandatory. In a case the Hon'ble Supreme Court has indicated that the High Court should be loath to interfere at the threshold to thwart the prosecution exercising its inherent power under Section- 482 of the Code or under article 226 or 227 of the Constitution of India, as the case may be, and allow the law to take its own course.The Court's power is limited only to examine that the process of law should not be misused to harass a citizen and for that purpose, the high Court has no authority or jurisdiction to go into the matter or examine the correctness of allegations unless the allegations are patently absurd and inherently improbable so that no prudent person can ever reach to such a conclusion and that there is sufficient ground for proceeding against the accused but the Court, at that stage, cannot go into the truth or falsity of the allegations.In Trisuns Chemical Industry Vs. Rajesh Agarwal ; Ors. the Supreme Court placed reliance upon its earlier judgment in Rajesh Bajaj Vs. State N. C. T. of Delhi ; Ors. , and observed that the inherent power of the High Court should be limited to very extreme exceptions. The said judgment was approved and followed by the Apex Court in Ram Biraji Devi Vs. Umesh Kumar Singh ; Ors. , wherein the Apex Court reiterated that the power can be used only in extreme exceptions where it is necessary to do so in the interest of justice.INTERFERENCE IN INVESTIGATION IN CRIMINAL OFFENCES In the case of Janata Dal Vs. H. S. Chaudhary, the Supreme Court endorsed the law laid down by the Privy Council, that the statutory power of police to investigate cognizable offe nces could not be interfered with by the courts, (King Emperor Vs. Khawaja Nazir Ahmed) The same view was endorsed by Justice Chandrachud in the case of Kurukshetra University Vs.State of Haryana where it was reiterated that investigation of criminal offences, was a field exclusively reserved for the Executive, through the police department, the superintendence over which, vested in the State Government. This Court further held that the Court and judicial process should not interfere at the stage of investigation . In the case of State of Haryana Vs. Chaudhary Bhajan Lal Justice Pandian laid down as follows: Investigation of offences is a field exclusively reserved for police officers whose powers in that field are unfettered so long as the power to investigate into the cognizable offences is legitimately exercised†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ the courts are not justified in obliterating the track of investigation †¦Ã¢â‚¬ ¦. The Magistrate is kept in the picture at all stages of the po lice investigation but he is not authorised to interfere with the actual investigation or to direct the police how that investigation is to be conducted†¦Ã¢â‚¬ ¦ VIEW OF THE SUPREME COURT In the landmark case State of Haryana v. Bhajan Lal: A two-judge bench of the Supreme Court of India considered in detail the provisions of section 482 and the power of the high court to quash criminal proceedings or FIR. The Supreme Court summarized the legal position by laying the following guidelines to be followed by high courts in exercise of their inherent powers to quash a criminal complaint;- 1.The criminal complaint can be quashed when allegations made in the complaint, even if they are taken at their face value and accepted in their entirety, prima facie constitute any offence or make out a case against the accused person. 2. The criminal complaint can be quashed when allegations made in the complaint are so absurd and inherently improbable that on the basis of which no prudent perso n can ever reach a conclusion that there are sufficient grounds for continuing the proceedings against the accused person. . The criminal complaint can be quashed when the allegations made in the complaint and evidence collected in support of the complaint does not disclose the commission of any offence against the accused person. 4. The criminal complaint can be quashed when the complaint is manifestly attended with malafide or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused person and with a view to spite him due to private and personal grudge. 5.The criminal complaint can be quashed when there is an express legal bar under any of the provisions of the CrPC or any other legislation (under which a criminal proceeding is instituted) to the institution and continuance of criminal complaint. Thus, if the high court is convinced that the criminal complaint does not disclose a cognizable offence and the continuation of an inve stigation is not based on sound foundations and would amount to an abuse of power of the police necessitating interference to secure the ends of justice, the high court will exercise its inherent power to quash the proceedings.In Pepsi Foods Ltd. v. Special Judicial Magistrate,  the Supreme Court of India observed that: â€Å"Though the magistrate can discharge the accused at any stage of the trial if he considers the charges to be groundless, this does not mean that the accused cannot approach the High Court under section 482 to have the complaint quashed if the complaint does disclose the commission of a cognizable offence against the accused person.In this case the Supreme Court held that the order of the High Court refusing to quash the complaint on the ground that alternate remedy was available under the CrPC to the accused person was not proper. † However it has been held by the Supreme Court of India in Om Prakash Singh v. State of UP  : That ‘if a complaint discloses the commission of a cognizable offence, it would not be a sound exercise of discretion to quash the criminal complaint’.AMENDMENT OF CODE OF CRIMINAL PROCEDURE ENABLING RESTORATION OF COMPLAINTS Submitted to the Union Minister of Law and Justice, Ministry of Law and Justice, Government of India by Dr. Justice AR. Lakshmanan, Chairman, Law Commission of India, on the 22nd day of August,2009. Inherent power of subordinate courts The subordinate criminal courts have no inherent powers. However, courts exist for dispensation of justice and not for its denial for technical reasons when law and justice otherwise demand.Even though inherent power saved under section 482, CrPC is only in favour of High Courts, the subordinate criminal courts are also not powerless to do what is absolutely necessary for dispensation of justice in the absence of a specific enabling provision provided there is no prohibition and no illegality or miscarriage of justice is involved. All the crim inal courts are having such an auxiliary power subject to restriction which justice, equity, good conscience and legal provisions demand provided it will not unnecessarily prejudice somebody else.A Division Bench of the Kerala High Court has in the matter of State Prosecutor held that the subordinate courts have the inherent power to act ex debito justitiae (in accordance with the requirement of justice) to do the real and substantial justice for which alone they exist. The absence of any reference to any other criminal court in the said provision does not necessarily imply that such courts can in no circumstances exercise inherent power. Courts may act on the principle that every procedure should be understood as permissible till it is shown to be prohibited by law. Law commission’s 141st ReportThe 12th Law Commission of India in its 141st Report titled â€Å"Need for Amending the Law as regards Power of Courts to Restore Criminal Revisional Applications and Criminal Cases Dismissed for Default in Appearance† [1991] The Law Commission in its 141st Report recommended amendment of section 482 of the CrPC for conferment of inherent powers also on all subordinate criminal courts other than the High court. THE ACTIVIST PHASE The activist phase, in its present form, started from the necessity felt by the Supreme Court, to secure impartial investigation into the allegations of fake encounters, custodial deaths, and police torture.While initially the Judges were content to direct inquiries by the local District and Sessions Judges, subsequently in several cases, the Court directed investigation by the CBI directly. Still the Court did not interfere in investigation There is no denial of the fact that the investigation and prosecution of criminal offences is lackadaisical. Yet the question to be considered is whether monitoring of investigation by Supreme Court or the High Courts is the appropriate remedy. Apart from the fact that monitoring of investiga tion invariably makes the judicial pyramid virtually stand on its head, it has larger connotations.The foremost consideration is, as to whether it is likely to result in denial of fair trial to the accused, and whether it amounts to adoption of a procedure which is unreasonable and is capable of falling foul of Article 21. In my view, whether this procedure violates Article 20 or 21 or not, in any case, it is not effective. The experiment in one of the cases in which this procedure was adopted by the Supreme Court has proved its futility. The conventional wisdom, on account of which, the courts refrained from interfering in investigation, was that the opinion of the Investigating Officer was not binding upon the courts.Defects in investigation could be rectified by the trial Judges, by summoning other persons, found to be connected with the offences under section 319 of the Code of Criminal Procedure. The dignity and honour of the Courts would be better preserved, if they maintain t he traditional distance from the Investigating agencies. In the end, it needs to be realised that investigation is a specialised job, which has to be conducted in the field, by persons adept at it. Various techniques and strategies are adopted by the Investigating Officer, and the task of ascertainment of truth, is long, arduous and painful.The Courts' continued insistence on modernisation of investigative techniques and upgrading the tools of technology, by deploying scientific methods of investigation, are the only means that may succeed in the long run. Judicial monitoring of investigation is an aberration and the sooner it ends, the better it is for the administration of criminal justice system. Guide-lines for exercising the inherent power -Where the allegations made in the First Information Report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused. Where th e allegations in the first Information Report and other materials, if any, accompanying the F. I. R. do not disclose a cognizable offence, justifying an investigation by police officers under S. 156(1) of the Code except under an order of a Magistrate within the purview of S. 155(2) of the Code. -Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out as case against the accused. Where, the allegations in the F. I. R. do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by as police officer without an order of a Magistrate ass contemplated under S. 155(2) of the Code. -Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused. Where th ere is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/ or where there is a specific provision the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party. – Where a criminal proceeding is manifestly attended with malafide and/ or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge.It has been said there should be no undue interference by the High Court as no meticulous examination of the evidence is needed for considering whether the case would end in conviction or not, at this stage. The High Court should interfere only where it is satisfied that if the complaint is allowed to be proceeded with, it would amount to abuse of process of court or that the interests of jus tice otherwise call for quashing of the charges. In Zandu Pharmaceutical Works Ltd. Vs. Mohd. Sharaful Haque & Ors. the Hon'ble Apex Court held that criminal proceedings can be quashed but such power is to be exercised sparingly, carefully with caution and only when such exercise is justified by the tests specifically laid down in the statutory provisions itself. It is to be exercised ex debito justitiae to do real and substantial justice for administration of which alone Courts exist. Wherever any attempt is made to abuse that authority so as to produce injustice, the Court has power to prevent the abuse. A case where the FI. R. r the complaint does not disclose any offence or is frivolous, vexatious or oppressive, the proceedings can be quashed. It is, however, not necessary that at this stage there should be meticulous analysis of the case before the trial to find out whether the case ends in conviction or acquittal. The allegations have to be read as a whole. CONCLUSION â€Å"T he judiciary has to play a vital and important role, not only in preventing and remedying abuse and misuse of power, but also in eliminating exploitation and injustice. For this purpose, it is necessary to make procedural innovations†¦Ã¢â‚¬ ¦The summit judiciary in India, keenly alive to its social responsibility and accountability to the people of the country, has liberated itself from the shackles of Western thought, made innovative use of the power of judicial review, forged new tools, devised new methods and fashioned new strategies. †¦Ã¢â‚¬ ¦ † Soon thereafter, PIL was defined by Justice Bhagwati, in one of his articles entitled, â€Å"Social Action Litigation; the Indian experience†, in the above words. So as per the above discussion we have seen that how the high court uses its inherent powers and how important it is for the high courts to use these powers.Section 482 has a very wide scope and its really important for the courts to use it properly and w isely. Many a times it has been observed that when there is an issue of money for eg. Any money matter then the petitioner instead of filing a civil suit files an FIR against the other person just to harass him. In such cases it becomes very important for the high courts to quash such complaints as it leads to the abuse of the process of the lower courts. Thus section 482 is very important for acquiring proper justice and to stop the public from filing fictitious complaints just to fulfil their personal grudges.The functions of the judiciary and the police are complementary, and each one is to exercise its own functions. No doubt, the code of criminal procedure, gives to the police unfettered power to investigate all the cases, where they suspect a cognizable offence has been committed. Even the high court does not interfere with such investigation, because it would be impeding investigation and the jurisdiction of the statutory authorities to exercise power in accordance with the p rovisions of criminal procedure code.However, in appropriate cases, aggrieved person can always seek a remedy by invoking the power of the high court under Article 226 of the constitution to issue the writ of mandamus, restraining the police officer from misusing his legal powers. Further, in Hazari lal Gupta V. Rameshwar Prasad, the apex court laid down, that the high court can quash proceedings, if there is no legal evidence or if there is any impediment in the investigation or continuance of proceedings.The policy of non-interference in the investigation was well explained by the Privy Council in King Emperor V. Khawaja Nazir Ahmad in the following terminology: â€Å" just as it is essential that everyone accused of crime, should have free access to the court of justice, so that he may be duly acquitted, if found not guilty of the offence of which he is charged, so it is of utmost importance that the judiciary should not interfere with the police matter which are within their pr ovince and into which law imposes on them the duty of inquiry†¦Ã¢â‚¬ ¦. † BIBLIOGRAPHY 1. ttp://www. legalindia. in/inherent-powers-of-the-high-court-under-section-482-of-crpc 2. http://ipc498a. wordpress. com/2007/10/27/understanding-hc-quash-petitions-section-482-of-crpc/ 3. Gopal R : Sohon’s code of criminal procedure, Vol- V, Lexis Nexis Butterworths, 20th Edition. 4. Lal Batuk ; The code of criminal procedure, Orient publishing company, 3rd Edition. 5. Ratanlal , Dhrijlal; The code of criminal procedure, Lexis Nexis Butterworths, 17th Edition. 6. Sarkar S C; The law of criminal procedure, Vol- II, Wadhwa ; company Nagpur, III Edition. . Sen D N, The code of criminal procedure, Vol-II, Premier Publishing Company, 2006. ——————————————– [ 1 ]. G. Sagar Suri & Anr. Vs. State of U. P. & Ors. , AIR 2000 SC 754 [ 2 ]. State of U. P. Vs. O. P. Sharma, (1996) 7 SCC 705 [ 3 ]. L. V. Jadhav Vs. Shankarrao Abasaheb Pawar & Ors. , AIR 1983 SC 1219 [ 4 ]. ( 1999) 8 SCC 686 [ 5 ]. AIR 1999 SC 1216 [ 6 ]. 2006 AIR SCW 2543 [ 7 ]. 1992 (4) SCC 305 [ 8 ]. AIR 1944 PC 18 [ 9 ]. 1977 (4) SCC 451 [ 10 ]. 1992Supp(1)SCC335 [ 11 ]. ( 1992 Supp. 1) SCC 335) [ 12 ]. (AIR 1998 SC 128) [ 13 ]. (2004 CrLJ 3567) [ 14 ]. .[Tulsamma v. Jagannath, 2004 Cri. L. J. 4272]State of Kerala v. Vijayan, 1985(1) CRIMES 261] [ 15 ]. .[Madhavi v. Thupran, 1987 (1) KLT 488] [ 16 ]. [1973 Cri. L. J. 1288] [ 17 ]. (Shiv Sagar Tiwari Vs. Union of India 1996 (6) SCC 558) [ 18 ]. Ganesh Narayan Hegde Vs. S. Bangarappa & Ors. , (1995) 4 SCC 41 [ 19 ]. AIR 2005 SC 9 [ 20 ]. Basu, D D, Criminal procedure code, 1973 , 441 [ 21 ]. AIR 1972 SC 484 [ 22 ]. (1944) 71 Ind. App. 203.

Texas Government Essay Example | Topics and Well Written Essays - 500 words - 1

Texas Government - Essay Example e to one, those that are legislative to another, as well as those that are judicial to another; and no individual, or group of individuals, being a member one of these arms, can exercise any power appropriately connected to either of the others, except for the instances that are expressly permitted under their law (Texas Constitution and Statutes, 2014). This structure resembles the U.S.’s government i.e. legislative, judicial and executive. Each branch has different roles and powers. The legislative arm formulates the laws. The executive arm, on the other hand, enforces or carries the laws and the judicial arm, also known as the court system, decides on legal matters and also interprets the laws (Texas Constitution and Statutes, 2014). To balance power further, the Texas Constitution incorporates a system of checks and balances in which each arm has methods of checking, or restraining, the other two. These checks assist in preventing one branch from managing the entire govern ment own its own. This is similar to the one of the U.S. Constitution (Texas Constitution and Statutes, 2014). Under Article 1 of the U.S. Constitution, Section I offers Congress just those legislative powers herein contracted and goes on to list those acceptable actions under Section 8 of the same, whereas Section 9 explains actions, which are forbidden for the Congress (Kilman & Costello, 2000). The vesting section in Article II places no restrictions on the Executive branch, only stating that the executive command will be vested in a leader of the U.S. According to Article III, the Supreme Court, on the other hand, holds the judicial Power, and it developed the implication of judicial review in Madison v. Marbury under the U.S. Marshall court (Kilman & Costello, 2000). The federal regime refers to the arms as branches of government, whereas the Texas system uses the word "government" to refer to the executive branch (Kilman & Costello, 2000). The U.S. executive arm has tried to claim

Answer all question Essay Example | Topics and Well Written Essays - 750 words

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Sexual Harassment and Availing Resources to Guardians and Instructors Research Paper

Sexual Harassment and Availing Resources to Guardians and Instructors - Research Paper Example The ethnography is an instrument, often utilized in sociology and anthropology inscription. It recapitulates notes on a certain group of individuals assembled over a period. Ethnography is the scientific depiction of dissimilar ethnicities and traditions. This volume by Pascoe explores the intricate landscape of sexuality and gender distinctiveness in high schools. The exploration is prudent and perceptive. This study took place under a period of eight months in an ethnically assorted working-class high school; River High. This volume illuminates masculinity as a field of denotation as well as a group of social practices. The technique of scrutinizing masculinity is eccentric. Masculinity is not only presented as a gendered procedure but also as a sexual one. In the volume, the ghost of the homosexual becomes a punitive method for regulating heterosexuals. In addition, it regulates the homosexual males as well. The homosexual dialogue is extremely related to gender as well as sexuali ty. Additionally, this volume attempts to delve into both male and female sexuality (Pascoe 3). The volume commences with a scene that underscores the divergent premise of masculinity at River High. The Mr Cougar contest evidently elucidates the intersecting dynamics of ethnicity, bodies, sexuality, gender, social class, and organizational procedures that represent adolescent masculinity in a situation. The setting is perfect for the study of sexual characteristics and sexuality. Two nerds Craig and Brent convert from un-masculine geeks who cannot guard their girlfriends into heterosexual, brawny males. This masculinising procedure occurs via an alteration of bodies, the affirmation of ethnic privilege and portrayal of heterosexuality. This scene depicts that heterosexuality is central to masculinity.  

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TECHNIQUES FOR THE PREVENTION OF SOFTWARE PIRACY - Essay Example You need to add a specific section on Scope (break Aim and Scope into 2 distinct sections – Aim and Objectives, and Scope). Aim and Objectives must have a specific Aim and then Objectives to achieve the Aim. Scope should include that you are only considering; 1 YOU NEED TO WORK ON THIS1. Section 2.1-> You state that both qualitative and quantitative methods were employed to deduce the facts. Firstly this section states how the work is to be done so you should change the tense of everything in this section to read ‘are to be employed’. Secondly you need to explain more specifically which methods you employed fall into these categories. 3 OK2. Section 2.2. -> You must add some critical assessment of techniques. Currently only good points selected for web and email. Comparison and contrast required. What other techniques are available and why did you choose email against them. What are the potential limitations of email? 1 4. Section 2.4. -> You should rethink validation of the framework. How are you going to test the basis of the framework? For example, you identify factors from literature, but are all the relevant factors currently included? 1 OKa. You state that ‘This research to analyse the various types of software piracy that are briefed above †¦Ã¢â‚¬â„¢. Where is this analysis in the work? Either reword this sentence or add the analysis. 1 OKa. Cost towards bottom of page. Is this per seat or development costs? You need to provide a better discussion of cost and understand the specific types of cost which might be incurred. Cost is too broad a heading. 1 a. Time Limitation -> this is not a technology but a feature. Many of the technologies can include this feature. This should be discussed as a potential feature and then the technologies reviewed against the feature i.e. can they support it? This will also require changes to the framework. 2 YOU NEED TO WORK ON THISb. Each choice node requires some discussion,

Public Health Essay Example | Topics and Well Written Essays - 1250 words

Public Health - Essay Example In relative text, an illness behavior is apparent in an excerpt in Figure 1 (please see Appendix A). Although health services dealing with these concepts are addressed in United Kingdom, the impact of elevated cases of debilitating diseases seems to interrupt the fight for better public health and social program implementation. In the sector of public health, several points are significantly addressed in the aim of providing quality health services to communities. In description, public health is viewed as â€Å"the science and art of preventing diseases, prolonging life and promoting health through organised efforts of society† (Mohamed, 2006, p. 271). Note that the primary goal is more on preventive mechanisms, performed not only by health personnel concerned, but by other associated entities in the society. One way of achieving the major objective is to determine the prevalence of diseases present in given communities. This is the investigation on the set of morbidity (disease) cases plaguing communities, may it be new cases or older ones (Anderson & McFarlene, 2010, p. 30). The drawn results can serve as the parametric basis in which management actions can be planned and implemented. Thus, the role of prevalent studies on disease is important for this paves way in which health activities can eit her be a success or not. In the face of public health adversity, government in UK safeguards rights to health through the establishment of National Health Service (NHS). It seeks to improve perceived weaknesses in health-service performance, as well as enhance standards on the level of care (Ham, 2007, p. 2). In current public thrust , Health Lives, Health People, the collaboration of the entire government sector (from national to local), and private and volunteering agencies are solidified in generating cost-efficient health care (Public Health Development Unit, 2010, p. 6). In illustrative portrayals, Figure 2 (please see Appendix B), more health activities and

Peppercorn Dining Entering and Contracting Assignment

Peppercorn Dining Entering and Contracting - Assignment Example Drew affirmed his objective, which was to augment productivity, as well as to improve self-esteem amongst the employees (Cumming & Worley, 2009). Additionally, Erica had earlier worked at Peppercorn eating dinner, so she by now have affiliations with the workers, know the organization language, as well as have a number of insights concerning cause of several of its predicaments. For that reason, the Square one consultants saved a lot of time in making out the organization’s mores, informal applications, as well as power sources. However, the consultants for a short time elucidated their services, along with the manner in which they would primarily begin with an initial surveillance of operations, collecting some data prior to giving management feedback. The official contracting process needed the consultants to suggest a purpose, expenditure estimate, along with a project schedule. The contract enclosed the partners’ payment and the periods and dates the partners would be toiling on the project, however, failed to point out how they would gather the data, evaluate the data, anticipated timeline of concluding the project, as well as how the feedback would be communicated to management, along with the human resources. Data Collection Value of the information collected, is an important element of the organization development process. The main methods of gathering data utilized within Peppercorn eating dinner were chiefly interviews, along with observations. Interview is the mainly widely utilized technique for gathering data in organization development. It allows the consultant to inquire from the employees by asking direct queries, to gain personal views and sentiment concerning the Peppercorn, and looking at any new-fangled issues that come out during the meeting. Interviews are constructive for untangling multifaceted topics since the interviewer has the aptitude to probe profoundly into a reaction presented by an individual being interviewed. Int erviews also generate a higher answer rate (Pasmore, Woodman & Shani, 2010). However, the main disadvantage of interview dialogues is the quantity of time needed to conduct, as well as analyze them. In addition, the Interviewer might be prejudiced and pose closed ended questions. This will make it hard when collecting the data as it will not be extensive and expounded as required by interviews. The observation method was utilized because it offers direct right to use the societal phenomena under deliberation. It has the capacity to take assorted forms, from unofficial, as well as unstructured approaches via tightly controlled, standardized courses of action and can give way to associated various kinds of data, in cooperation qualitative, as well as quantitative. Observation can efficiently complement supplementary approaches in this case interviews and thus improve the evidence quality presented to the examiner. Data Analysis After the data has been gathered, it will be scrutinized, edited, coded, as well as evaluated. This will be attained by linking the data that will be gathered to the evaluation objectives. Microsoft Word and Microsoft Excel software will be employed to sort the data gathered from observation, as well as interview in order to make out patterns, along with instituting relationships. Data gathered from the interview and observation will initially be illustrated within a table to make sure that rates of recurrence of the answers, along with data from observation has the capacity to be accounted for (Rothwell et al., 2009). Afterward, the Microsoft Excel s

Hypercoagulable State Assignment Example | Topics and Well Written Essays - 500 words

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Art Experiences Essay Example for Free

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Design Thinking and Decision Analysis

Design Thinking and Decision Analysis Topic: How can decision analysis support the decision making process in design thinking in selecting the most promising properties during the transition fromdivergent toconvergent thinking phases? Executive Summary Table of Content Executive Summary List of Figures List of Tables Index of Abbreviations 1.Introduction 2.Overview of Design Thinking and Decision Analysis 2.1.A New Approach to Problem Solving 2.1.1.What is a Design Thinker? 2.1.2.The Iterative Steps of Design Thinking 2.2.Decision Analysis 2.2.1.Decision Analysis Process 2.2.2.Multi Attribute Decision Making 3.Application Based on a Case Study 3.1.The Design Challenge 3.2.The Static Model 3.2.1.The Alternatives 3.2.2.Objectives and Measures of Effectiveness 3.2.3.Multi Attribute Decision Making 3.2.4.Sensitivity Analysis of the SAW Method 3.3.The Case Study’s solution 4.Conclusion List of Literature Statutory Declaration Appendix List of Figures Figure 1: The IDEO process a five step method (Kelley and Littman, 2004: 6-7) Figure 2: Figure 3: The HPI process a six step model (Plattner et al., 2009) Figure 3: Fundamentals of Decision Analysis (Ralph L. Keeney, 1982) Figure 4: Schematic form of a decision tree (Keeney and Raiffa, 1993) Figure 5: A choice problem between two lotteries (Keeney and Raiffa, 1993) Figure 6: MADM Decision Matrix Figure 7: The tree main idea clusters Figure 8: Decision Making Matrix Figure 9: Decision Maker Matrix for the Design Challenge List of Tables Table 1: Different ways of describing design thinking (Lucy Kimbell, 2011) Table 2: Realization of attributes in alternatives scale Index of Abbreviations DADecision Analysis DCDesign Challenge DM Decision Maker DTDesign Thinking HPIHasso-Plattner-Institute HMWHow Might We IWITMI Wonder If That Means MADMMulti Attribute Decision Making MCDMMulti Criteria Decision Making SAWSimple Additive Weighting 1. Introduction Everyone is in the need to make decisions every day. Those decisions may be shaped by an outstanding problem which just needs to be solved or it may just be the question whether to buy a new pair of shoes or not. Moreover, the problem may easily be solvable by a simple equation or there might be the necessity to formulate the problem in the first place since the difficulty is too diffuse to be absorbed. Due to the huge variety of different problems our society faces every day and with all divergent needs for a solution process, there is a constant need to draft and identify methods that support everyone in making decision. Undoubtedly, there are many methodologies and approaches out there that support the decision making process for daily small decisions that need to be made to life changing decisions. Decision analysis (DA), which is one of the formal methods and design thinking (DT), which is one of the innovative methodologies out there, are two instances of problem solving method s. Both methods have been applied in similar fields, such as business, technology, and personal life but with divergent intentions. On the on hand, there is DT which is one of the more recent methodologies that helps to get from a problem to a solution with the support from a finite number of iterative steps that the design thinker will follow. Brown, who is the CEO of IDEO, describes DT as a method that is so powerful and implicit that can be used from teams broadly across the globe to create impactful innovative ideas that can be realized by the society or companies (Brown, 2010: 3). On the other hand, there is DA which is an approach that includes a variety of procedures that helps to find a formal solution to an identified problem and creates a more structured solution procedure. Howard was the person who shaped the term DA in 1964 and has been irreplaceable for the development of DA (Roebuck, 2011: 99). This paper will combine DA and DT to investigate whether DA can leverage the DT process in order to find the most viable solution to a problem. Moreover, this paper will find out whether or not those two approaches can profit from each other. Selected procedures of DA will be integrated in the DT process by reference to a case study. Over and above, the solution generated by the DA technique will be compared with the chosen alternative in the case study that followed the regular DT process. Comparing those two outcomes, this paper will work out whether or not DA can support the DT process. The second chapter is descriptive of the fundamentals of DA and DT. After the outline of the foundations, the third chapter will apply chosen DA procedures into the DT process on the basis of a case study. Moreover, the chosen alternative by the design thinking team in the case study will be analysed. In the final chapter, the major finding will be summarized and evaluated. 2. Overview of Design Thinking and Decision Analysis 2.1. A New Approach to Problem Solving Design Thinking is an iterative and innovative approach to solve problems of all kinds that the society is facing. Moreover, it is a human-centred and at the same time investigatory process that puts its emphasis on collaboration, prototyping, and field research (Lockwood, 2010: xi). It is a set of fundamentals than can be applied by different people and to a huge range of problems (Brown, 2010: 7). DT is not a linear, but an iterative process in which the designers are constantly learning from mistakes and improving their ideas. Designers hope to find a linear model that will help them to understand the logic behind a design process; therefore, it is a constant search for decision making protocols that would support the designers’ processes (Buchanan, 1992). In sum, DT is a user-centred approach to solve a variety of problems with the aim to integrate people from various fields; ranging from consumers and business people to designers. There are a variety of ways to describe DT, as illustrated in Table 1. According to Brown, DT is an organisational resource with the goal to create innovation. Cross describes the method as a cognitive style with the purpose of problem solving. Another famous definition concludes that â€Å"Design Thinking means thinking like a designer would† (Roger, 2009). However, the purpose and aim of DT is in its core identical, whether one is applying the processes modified by Cross or Brown (Plattner et al., 2009: 113). Table 1: Different ways of describing design thinking (Lucy Kimbell, 2011) Over the last five years, the term DT has become very present in our society. On top of that, DT is a new term in design and management circles, which shows the demand for creative and innovative methods across various sectors (Kimbell, 2011). Nevertheless, this method is still underdeveloped when it comes to applying design methods at the management level (Dunne and Roger, 2006). But why is the interest in design growing and the term has become ubiquitous? The society is facing a lot of challenges; from educational problems to global warming and economic crisis. Brown sees DT as a powerful approach that can be applied to a huge variety of problems and as a consequence creates impactful solutions to these challenges. On top of that he argues that design has become nothing short of a tactic of viability (Brown, 2010: 3). The method is not limited to the creation and design of a physical product, but it can also result in the conception of a process, tools to communicate, or a service (Brown, 2010: 7). Therefore, it is a method that helps to learn from mistakes and to find impactful and sustainable solutions. 2.1.1. What is a Design Thinker? Many individuals have their own personal picture of what a designer is and mostly, would not associate themselves with such a term. Nevertheless, the expression designer is not only limited to creative graphic designers that are working in agencies. There are many professionals who would fall under the term designer, from people that are working in corporations and are trying to implement a new innovative way of thinking to people who are creating a new customer experience (Porcini, 2009). Mauro Porcini puts a lot of emphasis on the fact that describing design is a huge challenge, since design can be anything from recognizing impactful solutions to the personal experience that the answers will originate (Porcini, 2009). According to Brown design thinkers have four characteristics in common (Brown, 2008): Empathy Design thinkers have the ability to walk in the shoes of someone else; they view situations from the perspective of other people. This talent allows them to see a lot of thing that others are not able to observe which leads to solutions that are especially tailor-made for the users. Integrative thinking Integrative thinking allows the design thinker to go beyond simple solutions by seeing and assembling all the noticeable coalitions to a solution. The ability to not confide on the processes that are characterized by an A or B choice, allows them to involve even antithetic solutions. Optimism and Experimentalism Design thinkers are individuals who are confident that to each existing solution there is another one which is more impactful and feasible for the corresponding stakeholders. By experimenting with new information and the existing circumstances and moreover, by asking the most powerful questions, design thinkers are able to ascertain long-lasting innovations. Collaboration Another key aspect of the design thinking process is the ability to collaborate with experts from a variety of fields. This talent allows to not only integrating the designers and producers, but also the end user. Moreover, a design thinker him/herself has experience in many different fields and is not only an expert in DT. 2.1.2. The Iterative Steps of Design Thinking As already mentioned above, there are many ways to describe DT. On top of that, the process may sometimes be described in three, five or six steps in literature. For example, at IDEO, which is one of the leading design consultancies in the world, the designers are working with a five step model (Kelley and Littman, 2004: 6-7). Figure 1: The IDEO process a five step method (Kelley and Littman, 2004: 6-7) However, at the Hasso-Plattner-Institute in Potsdam, the process consists of six steps. The two processes consisting of a different amount of steps only differ in their emphasis on the overall process and a different description but not in their principles (Plattner et al., 2009: 113). In order to describe the process which will later be applied to a case study, the thesis will focus on the six steps process described by Plattner et. al. (Plattner et al., 2009: 114). Figure 2: Figure 3: The HPI process a six step model (Plattner et al., 2009) Understand The iterative DT process starts with a phase called understanding, which includes defining the problem and explaining the scope. Defining the so called Design Challenge (DC) is crucial for the success of the method since the whole team working on the challenge needs to have the same understanding of the problem to be solved. Moreover, the target group needs to be identified by the team in order to be able to move to the next phase. In the first phase, the emphasis is put on obtaining the knowledge that is required to solve the formulated DC. Observe The aim of the second phase is to become an expert. The DT team observes all the existing solutions to the identified problem and challenges them; more specifically the team tries to improve their understanding why there has not been an adequate solution up to that point. The team tries to get a 360 ° degree view on the problem, integrating all participants and people affected. One of the main activities in this phase is the direct contact with the future users or clients of the product/service for the intended solution. It is crucial to involve the future users since those people are building the target group and know what their wishes, requirements, way of behaviour and needs are. In addition, the team needs to examine carefully the processes and ways of behaviour. In order to do so the team needs to walk in the shoes of the end users. In sum, the second phase emphasises the need to reproduce the end user’s ways of behaviour while being able to fully understand the end use r’s perspective. Point of View The third phase, called point of view, is the stage where all the findings from the previous phases are interpreted and evaluated. Since in most cases the team has branched out in the second phase, this phase brings everyone together in order to exchange findings. The team will segregate the relevant facts from the dispensable information. This separation helps to define the point of view more precisely which will lighten the fourth phase for the whole team. A method which is often used at this stage is the creation of a persona. A persona is a fictive and ideal-typical end user of the product or service. During this exercise the whole team deploys their findings from the second stage, the observing phase, with the aim to find the right viewing angle on the DC. For the purpose of finding the right perspective, it is important to question and realign the problem from a huge variety of different viewing angles. Recapitulatory, during the third phase the team assembles the key aspects f rom the end users in order to be able to start finding ideas in the next phase. Ideate The ideation phase is characterized by the reorientation of the team’s thinking process from divergent to convergent thinking. In the beginning of the phase, the team is still in a divergent thought process the group of people is generating as many ideas for a solution as possible. All these concepts should contain a potential solution to the DC and should not be debated by the team in the beginning. It is a phase during which the team experiments with a variety of ideas and invests in the creative thinking process by leaving as much room as possible for everyone to generate constructive ideas. In contrast to the first half of the ideation phase, the second half is shaped by the convergent method. During the convergent thought process, the team’s goal is to identify the one solution or the best solutions to the DC. This process consists of logical steps towards the exploration of solution/s. There are some creative techniques on how to narrow down the ideas in the ideation phase, for example (Center for Care Innovation, 2013-2014): Sticky note voting: Every team member gets three stickers and places those next to the ideas that are most viable and feasible to him/her. The ideas with the most stickers will be prototyped in the next phase. Idea morphing: Each idea will be presented in front of the whole team. After each presentation the team is looking out for synergies to merge some ideas or mixing some elements. In sum, during this phase the team generates ideas for the exploration of solutions with the help of the information gathered during the last three phases. Prototype This phase appears for many people to be really different to what they have been used to during solution oriented processes. The aim of this phase is to visualize the ideas for the users; thereby, the users are able to give feedback more easily and may also be able test the idea. The prototype should not be the perfect visible idea, but the preproduction model should be able to transfer the message, show the strengths and weaknesses of the idea, and moreover, it should help the team to improve the idea even further. It is a visualization of the idea with the use of, for example, modelling clay, paper, Lego figures, and any material that might be within reach. If the solution is a service function, the prototype might be a theatrical performance. Moreover, some teams create a virtual prototype if the idea that cannot be visualized in a real model. All in all, the intention of the phase is to make an idea come alive and visible to the users. Test During the testing phase the idea will be tried out with the user. The most important part of this step is that the idea will be tested with the end users and not only within the DT team itself. The testing phase is about identifying the idea’s strengths and weaknesses together with the end user. It is about identifying mistakes because only from these misconceptions the team can learn and further improve the idea, since it is all about the user who will be making use of the idea. Therefore, the team has to put a lot of emphasis on learning from that experience. 2.2. Decision Analysis Every human being constantly takes decisions throughout the day. On the one hand, there are many minor decisions from the preference of food each day, the question if one should stay in bed or not, to the colour of clothes someone wants to wear. On the other hand, people face situations where they have to choose whether to take a job or not or which car they would like to purchase. Some decisions have a larger and more significant impact than others; therefore, it is important to understand the consequences of the decisions that are being made (Gregory, 1988: 2). Decision Analysis is designed to help when dealing with difficult decisions by offering more structure and guidance (Clemen, 1996: 4). DA supports the decision making process: it helps to better and fully understand the obstacles that are connected with having to make a decision and, on top of that, helps to make better choices (Clemen, 1996: 3). Moreover, DA permits the operator to make any decisions in a more effective and consistent way (Clemen, 1996: 4). In consequence, DA is a framework as well as a tool kit for approaching various decisions. Nevertheless, the judgement of each DM differs from person to person. One DM may have a preference which manifests itself in the chosen attributes and alternatives. Another DM may not have a preference and, on top of that, the judgement skills may vary from DM to DM as well (Hwang and Yoon, 1981: 8). According to Keeney, the DA approach concentrates on five fundamental issues that are elementary for all decisions (Keeney, 1982): Figure 3: Fundamentals of Decision Analysis (Ralph L. Keeney, 1982) In order to be able to address multidisciplinary problems, the decision problem is divided into several parts which are analysed and integrated during the DA process (Keeney, 1982). Over the last years, various approaches have been identified, such as the shaped DA process by Keeney or the Multi Attribute Decision Making (MADM) method. The later one supports the decision making when a finite number of alternatives have been identified with various, mostly conflicting attributes. 2.2.1. Decision Analysis Process Over the last decades, many analysts have been working on modifying and improving the DA steps included in the process; therefore, there are many procedures out there with a common purpose: Choosing the best alternative. Keeney describes the DA process in five major steps (Keeney and Raiffa, 1993: 5-6): Preanalysis During the first phase the focus is on gathering the alternatives and clarifying the objectives. The decision maker (DM) faces a situation where there is indecisiveness about any steps that are relevant in order to solve the problem. At this stage the problem is already at hand. Structural analysis At this stage the DM is confronted with structuring the problem. There are several questions that the DM will need to answer; for example, what call can be made? What are the decisions that can be delayed? Is there specific information that supports the choices that could be made? Figure 4 shows a decision tree in which the abovementioned questions are systematically put into place. The decision nodes which are displayed as 1 and 3 (squared) are the nodes that are controlled by the DM and the chance nodes, shown as 2 and 4 (circled), are the nodes which are not fully controlled by the DM. Figure 4: Schematic form of a decision tree (Keeney and Raiffa, 1993) Uncertainty Analysis The third phase, called the Uncertainty Analysis, starts with assigning the probabilities to each path that is branching off from the chance nodes (in Figure 4, these are the paths left and right from points 2 and 4). The assignment of the probabilities to the branches of the decision tree is a subjective procedure (Keeney and Raiffa, 1993: 6; Gregory, 1988: 172). Nevertheless, the DM makes the assignments by using a variety of techniques based on experimental data. These assignments will be checked for conformity. Utility or Value Analysis The objective of the fourth step is the assignment of so called utility values to each path of the decision tree, whereas these represent the consequences connected to that path. The decision path that is shown in Figure 4 represents only one plausible path. In a real problem, many factors will be associated with the path; such as economical costs, psychological costs as well as benefits that the DM considers r

New Meaning to Broumas Little Red Riding Hood :: Little Red Riding Hood

New Meaning to Broumas' Little Red Riding Hood  Ã‚   There is more to Broumas' Little Red Riding Hood than meets the eye, or perhaps that is exactly where the analysis comes into play because the formalistic approach of analyzing literature consists of looking at a piece of literature and stating what is obviously there. The formalistic approach does give the work a deeper meaning than it first had, but the details are usually plain and easily noticeable. Generally they are very obvious, thus easily overlooked. The formalistic approach may be limited to pointing out the continual use of one word, but after noticing this fact a new meaning must be found as well. The reader is able to develop a broader understanding to Broumas' Little Red Riding Hood after using the formalistic approach to delve deeper into the poem. The formalistic approach reveals Broumas' use of repetition and choice of words give extra significance to her poem Little Red Riding Hood. The easiest way to set about using the formalistic approach is to first read the poem paying careful attention to repetition, breaks, and description that may not have been noticed during the first reading. Using this technique on Little Red Riding Hood reveals an emphasis placed on the word old. Broumas writes, I grow old, old Without you, Mother, landscape Of my heart. The use of old can be read in two different ways. One approach could place more emphasis on the repetition of old, whereas the other could draw it toward "old without you." Either way it is read one realizes that the author is growing old without her mother. However reading it the first way adds about ten more years to her life because she is very old. The second way can be taken to literally mean that the author is a lot older without her mother. The description of her mother foreshadows a strict parent. It takes a lot of work to landscape a yard, and if the mother landscaped her daughter's heart it took a lot of work and a lot of rules. Broumas continues the poem with a description of her mother giving birth. She uses phrases like "stretching it like a wishbone", "skin strung on a bow", and "tightened against the pain" to reveal to the reader that labor is not easy, in fact just the opposite because it is strenuous and very difficult. New Meaning to Broumas' Little Red Riding Hood :: Little Red Riding Hood New Meaning to Broumas' Little Red Riding Hood  Ã‚   There is more to Broumas' Little Red Riding Hood than meets the eye, or perhaps that is exactly where the analysis comes into play because the formalistic approach of analyzing literature consists of looking at a piece of literature and stating what is obviously there. The formalistic approach does give the work a deeper meaning than it first had, but the details are usually plain and easily noticeable. Generally they are very obvious, thus easily overlooked. The formalistic approach may be limited to pointing out the continual use of one word, but after noticing this fact a new meaning must be found as well. The reader is able to develop a broader understanding to Broumas' Little Red Riding Hood after using the formalistic approach to delve deeper into the poem. The formalistic approach reveals Broumas' use of repetition and choice of words give extra significance to her poem Little Red Riding Hood. The easiest way to set about using the formalistic approach is to first read the poem paying careful attention to repetition, breaks, and description that may not have been noticed during the first reading. Using this technique on Little Red Riding Hood reveals an emphasis placed on the word old. Broumas writes, I grow old, old Without you, Mother, landscape Of my heart. The use of old can be read in two different ways. One approach could place more emphasis on the repetition of old, whereas the other could draw it toward "old without you." Either way it is read one realizes that the author is growing old without her mother. However reading it the first way adds about ten more years to her life because she is very old. The second way can be taken to literally mean that the author is a lot older without her mother. The description of her mother foreshadows a strict parent. It takes a lot of work to landscape a yard, and if the mother landscaped her daughter's heart it took a lot of work and a lot of rules. Broumas continues the poem with a description of her mother giving birth. She uses phrases like "stretching it like a wishbone", "skin strung on a bow", and "tightened against the pain" to reveal to the reader that labor is not easy, in fact just the opposite because it is strenuous and very difficult.

Essay --

â€Å"You Learn Something New Every Day† Bud Blake, ‘Tiger’ (1918-2005) This comical strip of art created by â€Å"the genial cartoonist whose ‘Tiger’ comic strip was adored worldwide† (King Features, 2005) raises many important and striking questions. Although we have a general idea of what learning means, do we know its true definition? Do we understand its significance, its inevitable role in our everyday lives from the moment of birth? The old adage says â€Å"You learn something new every day†. So does that mean that learning is a continuous process? Or does it only happen in a classroom or a lecture room? How does learning happen? Is it a voluntary process or involuntary, conscious or unconscious? However, defining learning and explaining the various learning theories alone, does not provide enough accuracy or truthfulness when applying the theory to third-level students. It is vital to keep in mind who the modern Irish third-level student is as the interpretations may vary. The 21st century presents students of all diffe rent shapes and sizes, with various abilities and backgrounds. This essay will examine theories behind the phenomenon of learning in an attempt to draw up a vivid explanation of what it is, how it works and how it can be applied to a modern Irish third-level student. So what is learning? Well, it can be understood as â€Å"a relatively permanent change in behaviour that is brought about by experience† (Feldman, 2010) or â€Å"just a matter of creating associations among ideas as a direct result of experience† (Gleitman, Gross and Reisberg, 2010). Many other educational psychologists define learning as â€Å"the achievement of greater proficiency, mastery and fluency in a person’s capacity to know or do something that they were previo... .... Clearly, not all behaviour observed is repeated. If a satisfactory reward follows a behaviour, it will be repeated. If there is a punishment for carrying out a behaviour, chances are, it will not reoccur. Observational learning is really common third level education. If a student sees his friend study well, attend all lectures and tutorials and get rewarded with good grades and increased motivation, that student will be encouraged to do the same. Undeniably, no two people are the same. We all differ in one way or another, including in how we learn. We are born with different abilities and brought up in different circumstances through which the values of learning are passed on to us. Therefore, some students are more motivated to succeed than others. For example voluntary immigrant students perform better than those who are involuntary immigrants (Feldman, 2011).

Humorous Wedding Speech - Written Guidelines from the Bride

Humorous Wedding Speech - Written Guidelines from the Bride Good evening Ladies and Gentlemen - I must inform you that I’ve had quite a heavy night and I’m still feeling a little fragile. So please spare a thought and try not to clap too loudly during my speech because I’ve got a dreadful hangover and a splitting headache. You’d think I’d know better than to be out drinking in the early hours of the morning the night before a big wedding - but David’s a good friend (mate) and he needed some company. Now, I'm sure a number of the guys here today have been a best man at a wedding before, but I wonder how many of you have ever received written guidelines from the bride to be? Before I go any further, I'd like to explain that two weeks ago I received this email from Phylis: I was very pleased when David asked you to be best man at our wedding. I knew that by selecting you, he ha...

Analysis of Alex Pardee’s Artwork

What is a leper anyway? In the past, it was simply a disease. When you caught this disease you were isolated. Taken out of society, never to return again. Your life would never be the same again. As time passed this disease obviously died out. Nowadays not many people have leprosy in its serious form. But we do have leprosy of a different sort. This leprosy is even worse than the physical illness. It is something that gets worse over time and will continue to do so unless we as human beings decide to change our actions. Today, those who are different are thought to be lepers. These people should be rejected, shunned. They are unusual, strange; we cannot accept what they believe in. Why is this so? Why have we been brainwashed so thoroughly by the media that we don’t see that being different is something we humans create in our minds. People are â€Å"different† only because we label them to be that way. They are lepers, only because we make them so. What is so bad really about being a leper? Being different? This image addresses these questions. We can see that in the image there are two odd looking creatures who are bleeding onto a hand with a chicken’s head. This chicken’s head is dripping in blood while there is a small bar of soap at its feet. The only thing in colour is the blood which signifies that it symbolises something important. And so he bathed in the blood of the lepers. By this phrase we understand that the creature in the middle is the object which is â€Å"bathing in the blood†. Again, why would anyone want to bathe in the blood of leper? Well why not? In this case the two odd looking creatures would be the lepers. If the lepers in this image represent people who are different, then it could also mean that these people are so different that they could be considered to be a subculture of some sort. It is understandable to believe that some subcultures are actually desirable to some people. This obviously depends on the person’s personal taste. They may want to be involved in the subcultures of nerds, jocks, emo’s, scene kids, goths, etc etc. The leper character may not even be focusing on a particular sub culture. They can also represent the chameleons of society, changing themselves to appeal to people. Again, this depends on your perspective. The leper character only represents a chameleon of society if you choose to believe that it does so to persuade you to join the subculture that it is portraying itself to be. Why would people choose to believe this? Only to feel accepted. They may be so rejected that all they want and need is a feeling of belonging even if it is found a way which is not entirely truthful or right. Rather, it is an illusion. So do we humans warp what is there to suit our cases and make certain situations more pleasurable to us? Definitely. This leads us to the importance of the blood in the image. The blood can be viewed as the initiation process. The blood, which is the only coloured thing in the image symbolises this initiation process. This is the only part of the image in colour, because this process is the most important part of belonging to a group of people or a subculture. Bathing in the blood would be catching the leper’s disease, or otherwise, finally being a part of the lepers. The feeling of belonging settles in for the first time. Now that the person is a part of the lepers, can they really think of themselves as lepers? They are now able to understand and empathise with the subculture they have joined so would it actually seem so different to them now? No it wouldn’t, further underlining the fact that we only label people as being different, of being social lepers, only because we do not understand them. However if we were a part of what they believe in, i. e. a part of their subculture, then we would no longer think they are so different. Only an outsider to this subculture would consider them to be lepers. Again, we humans label that which is not. We have established what it means to be different and why it is important, but what about the bar of soap at the chicken hand creature's feet? What would this symbolise? This symbolises the other perspective of this two sided argument of acceptance. The soap represents the cure for leprosy. The means to be cleaned from this disease. In the modern world this soap bar would represent the views of people who believe that removing yourself from a subculture is the true path to acceptance. However, like the size of the soap bar, these people are very few because we all have an innate need to belong to a community, society, club, culture or subculture. In short, we all need to feel like we belong somewhere, no matter how much of an illusion this feeling of belonging is. We desire to be persuaded to believe in something only to feel accepted and wanted by a community. This image drawn by the talented Alex Pardee shows us all these innate human desires in a way which persuades us to believe that we do have them. Of course this is achieved by this talented artist by using a great many visual techniques. First of all the area of the image with the highest salience is the blood because like we established, the blood – which represents the initiation process – is one of the most important aspects of the process of belonging. The importance of this transition stage is further underlined by the fact that the rest of the image is black and white hand sketches making the blood also the area with the highest colour modality. When we look further into the image and analyse the finer details we notice that the background is non-contextualised, in fact, it is completely white. This helps us to not stray from the main message that the image is trying to give. It keeps us focused on the foreground while also giving extra information on what might be going on in the image. This information is given to us in the text written at the top. The foreground in question is the chicken hand with the blood being poured onto it. It is not in fact the text. This is because the image is in the centre and the gushing blood attracts us to the image at hand. This image would also be the focal point again highlighting the important message being given by the image. The perspective that we see the image also gives us a whole new view on the scene. We see the main subject (the chicken hand) in the frontal view. Seeing as the subject is the most important part of the image, it is safe to say that the whole image is viewed in the frontal perspective. However, it is important to note that we see the â€Å"lepers† side on. This suggests to us that we are not part of the lepers, that we are detached from them, that in fact they are different from us. The gaze of the subject is demanding. It is looking straight at the audience as if it wants to get its message across. Its message that it wants to be involved and included. The lepers on the other hand do not even have eyes. This suggests that they have nothing they want to communicate to people and are unaffected by what people think of them. The image in general is in a low modality because it is already trying to communicate a complicated message. By keeping it in simple sketches, the artist is making it easier for the audience to understand the message. The artist uses all of these visual techniques with one purpose in mind: to get the message across. The message that being different is not a negative thing. It is simply a means of feeling like you belong. Being a leper does not mean everything is lost. There will be a deformity, but one ought to bear in mind that they still have their God-given potentials in them. It is the duty of society, to give a helping hand, in order for these â€Å"lepers† to exhibit what they have in them to world. You see, it’s not them. It’s you.