Category: Uncategorized

Snyder v. Phelps

Snyder v. Phelps

In this case, Phelps was charged in the court of law for uttering words which were deemed to have caused emotional distress to others. After the determination of his case in the court of law, the plaintiff decided to appeal the case to the Supreme Court of United States. It was held that speech made in public places such as sidewalks should not be considered as a tort. It can not be liable for any emotional distress as was claimed. Hence, the conduct of Phelps during the funeral of one of his family members should not have been perceived to be targeting anyone. He never had any ill motive because he was just expressing his freedom of speech granted to him by the American constitution under the First Amendment.

He was not contravening any law because he was just acting within the amendment which gives him free to express his ideas both in private and public places. The same would apply to the statement he made during the funeral. Snyder wee not justified to appeal the case because Phelps speech had nothing to do with his position in the society. He did not interfere with anyone’s state of emotion. Any feeling which might have been made by the bereaved family must have been ill informed (Bates, T., 2006)..

The court ruling was not unfair because it was done after a critical analysis of the law. In his ruling, Chief Justice John Roberts categorically said that the defendant’s actions did not, in any way, interfere with the funeral arrangement as it had been arranged before. Even if it could be outrageous in a way, the court ruled that it was a picketing case. Hence, it did not disturb the memorial service at all. Meaning, the appellant had to lose the case because the court decided that Phelps be freed.

Chaplinsky v. New Hampshire

In this case, Chaplalinansky had been convicted in the Supreme Court of Hampshire for fighting words doctrine. As a follower of the Jehovah Witness denomination, he was perceived to be some how extreme in his preaching. Therefore, upon being warned for causing public disturbance during his road side preaching, he went ahead and hurled insults at Marshall. This made him be convicted in the court of law before appealing this case.

As used in this case, fighting word doctrine is the practice of using spoken words to express violence or hatred towards a certain target. In this case, the defendant had been charged with using abusive and insulting words to harass Marshal who was just enjoying his time in the streets. Upon being advised from causing commotion by his public preaching, Chaplinsky decided to tell him, ‘You are a God damned racketeer! You are a damned Fascist!’ This indicates that he was not happy with the way he had been criticized for his preaching. As a follower of the Jehovah Witness, Chaplinsky as appearing to be in opposition of most of the doctrines of the mainstream churches. Therefore, by telling Marshal such statements, it means that he was expressing his anger to him (Richard A., 2007).

I would like to agree with the court for convicting him. First, the hurling of insults is a violation of the freedom of speech provided by the First and Fourth Amendments of the American constitution. It can never be regarded as an expression of idea. Moreover, it is a contravention of the Hampshire law to intentionally address any offensive speech to any person who is in a public place. It is illegal since it can cause embarrassment and emotional torture to the person to whom it is directed. I agree with the decision of the court.

Works Cited

Bates, T. One Family’s Fight Against the Westboro Baptist Church. New York: AOL, 2006.

Richard A. Free Speech on Trial: Communication Perspectives on Landmark Supreme Court

Decisions. Tuscaloosa, AL: University of Alabama Press. 2007 pp. 85–99.

Critical Analysis Oedipal Complex in Hamlet

Critical Analysis: Oedipal Complex in Hamlet

Introduction

William Shakespeare’s literary works have continually enjoyed widespread public acceptance through time. He explicitly explores various themes that have different implications on the audience. He achieves this through the manipulation of different characters that play an important role of relaying vital information to the audience. Notably, his themes exhibit an acceptable degree of maturity in the literary circles. These have various implications and evoke different responses from the audience that are both positive and negative.

In his play Hamlet, Shakespeare presents to the public the sensitive theme of oedipal complex. This is well articulated in the essay through Gertrude, Claudius and Hamlet. Hamlet harbors sexual feelings for his mother and this prompts him to assume insanity in order to carry out his plan of revenge. Critical studies in this regard contend that his revenge is triggered by the hatred he feels for Claudius for having won his mother’s affection even after killing his father. It is against this background that this paper provides a critical analysis of the inherent theme of oedipal complex and underscores how it affects and influences the characters of Hamlet.

Essentially, the oedipal complex affirms that a male child often desires an intimate and sexual relationship with his mother. This is often triggered by feelings of rivalry and the need for utmost attention from his father. The principle is derived from the mythological stories of Oedipus, the prince who supposedly killed his father and later unknowingly married his mother. According to Freud, this is a normal behavioral attribute that is mainly experienced between the age three and five years and disappears with time once the child develops the superego that enables the same to deal with such desires accordingly. In Hamlet, Shakespeare explores this through evaluation of the behavior of Hamlet. The audience is made to believe that Hamlet harbors an unconscious sexual desire for his mother.

At the beginning of the essay, it is certain that the family structure of Hamlet is altered through the introduction of Claudius. This makes it difficult for Hamlet to make viable choices with regard to the person that he needs to refer to as his father. This is further compounded by the fact that Hamlet is also masculine and needs to further this position within the family context. He finds it tricky to deal with this disjointed identity and therefore decides to eliminate the second masculine figure that is presented by his uncle. In the previous years, Hamlet had idolized his father and regarded him differently, something he found difficult to do when his uncle enters his life.

From a psychoanalytical point of view, Hamlet is conceived to be overwhelmed with oedipal feelings. To begin with, his desire to murder his uncle is inclined in the need to take this position from his uncle. Hamlet according to this school of thought can go to any length to eliminate his uncle form the life of his father. The desire for vengeance stems from Hamlet’s frustration of having lost the ability to further his sexual feelings that he had for his mother (Jacques 13). In this respect, it is posited that Claudius prevented him from pursuing the feelings he had suppressed since his childhood. The urge to pursue this vengeance is also encouraged by his father’s ghost who informs him that the marriage of his mother is adulterous. Basically, this is true because Claudius was his paternal uncle and therefore marrying his mother was incestuous.

It is also argued that the oedipal feelings that are exhibited by Hamlet are contributed to by the character of his mother. In particular, her hasty marriage with Claudius, hardly a month after the death of her husband was insensitive to the feelings of her son. In this respect, it is speculated that when experiencing grief, a son always yearns for feelings of affections from his mother. These are natural feelings that can be effectively addressed through assurance. Thus by getting marred before Hamlet had fully grieved for the death of his father; it indicates that these feelings were not attended to. This makes Hamlet jealous and increases his desire for revenge to Claudius whom he believes is an obstacle between his mother and him.

As indicated earlier, Hamlet had idolized his father whom he held in high regard. When his mother remarries quickly after his father’s death and he believes that his uncle is responsible for this, he considers it his duty to carry out his revenge. This urge and the relative anger are further perpetuated by his father’s ghost that informs him that the marriage is actually adulterous.

Carrying out the revenge would possibly make his father, although absent, to be proud of him. In addition, it can be argued that carrying out this plan was an exemplification of the respect he had for his father. The fact that he idolized his father motivates him to carry out his plans and thus fulfills his emotional feelings. Fulfillment of wishes in this respect denotes the desire that is unconsciously motivated and that which seeks to enable an individual to achieve the kind of things that enhances personal pleasure. Satisfaction of this desire according to Freud’s thinking is fundamental for enhancing happiness of both the ego and the id.

Ophelia’s death also provides useful insights that point to the desire that Hamlet has for his mother. At this point, he ascertains that he is unable to love any other person but his mother. During Ophelia’s funeral, Hamlet is enraged because of the fact that the death of unexpected. This makes him to tell the king and queen that “Here, thou incestuous, murd’rous, damned Dane, drink off this portion” (Shakespeare xi). Notably, he mentions incest to these despite the fact that they did not involve in any. Critical studies ascertain that this could be a subconscious indication of the sexual feelings that he had for his mother but which he made efforts to suppress. However, this can be contested on the premise that Hamlet was actually influenced by rage and was exhibiting some level of insanity as he did not have full control over his feelings. However, critical studies in this regard argue that Hamlet’s madness was feigned and all along, he was aware of his actions and conversation (Strachey 238). In this consideration therefore, it is certain that he actually implied feelings of sexual desire for his mother.

Jacques also points out that in some instances, normal conversations can influence expression of one’s feelings unconsciously (23). This is manifested when Hamlet has lengthy conversation with his mother in which he sets certain regulations with regard to sexuality. These feelings are undoubtedly unusual as Hamlet presents his mother with certain rules that he deems would deliver her current adulterous marriage. He tells his mother “Oh throw away the worst part of it, and live the purer with the other half. Goodnight-but go not to my uncle’s bed” (Shakespeare xii). In this conversation, it is certain that Hamlet’s words are suggestive and imply that Gertrude should be in love with him and not with Claudius. Both he and his mother do not seem to understand the underlying meaning of these words.

Later when he holds another conversation with his mother, Hamlet confesses that her relationship with his uncle triggers feelings of jealousy in him. “Let the bloat king tempt you again to bed, inch wanton on your cheek, call you his mouse, for a pair of reechy kisses, or paddling your neck with his damned fingers” (Shakespeare xiii). These words are filled with a high degree of contempt and suggest that Hamlet disregards the sexual relations that she shares with his mother.

According to the theoretical construct, the desire in the oedipal dream is usually in a warped form although there are inherent echoes of the same in reality. At a personal level, Hamlet makes a self evaluation and suspects that he could be in love with his mother. He posits “That I essentially am not in madness, but mad in craft” (Shakespeare xii). This implies that he was pretending to be mad in order to pursue his plans. This had however made him obsessed with craftiness and gradually, he was assuming madness. Nonetheless, it can be argued that Hamlet could not be in position to understand his feelings and by stating that he was mad in craft, it indicates that he was confused and unsure of his behavior.

After killing Polonius, he makes a critical remark that portrays his feelings and perceptions of love. “From the fair forehead of an innocent love and sets a blister there, makes marriage vows as false as dicers’ oaths” (Shakespeare xii). This means that Hamlet does not believe that love is an imperative aspect of marriage. He asserts that marriage is not an indication of love rather true love is multifaceted and complex and its meaning goes beyond the institution of marriage. This can also be used to imply that Hamlet had differential feelings towards the marriage of his uncle and his mother. It is clear that he believes that his uncle did not love his mother as much as he did. By complexity, he ascertains that his unusual behavior and assumption of love is greatly contributed to by the feelings of affection that he has for his mother.

Conclusion

Shakespeare’s effective presentation of the vital themes in his text plays a critical in enhancing the attention of the audience as well as evoking relevant response from the same. The theme of Oedipus complex has raised various concerns since historical times. The relative arguments have increasingly been inclined in the Freudian theories as well as the teachings of psychoanalysis. From the preceding analysis, it is certain that Oedipus complex greatly influences the behavior that is exhibited by young Hamlet. He presents a notion of harboring sexual feelings for his mother. This is contributed to by his mother’s marriage to his uncle hardly a month after her husband died. This raised suspicion and Hamlet believed that he was responsible for the death of his father.

Because he idolized his father and held him in high regard, he deemed it impetrative to revenge by killing his uncle. This triggers him to undertake revenge as he believes that Claudius is responsible for the death of his father. This feeling is further perpetuated by the encouragement that he gets from his father’s ghost. As it has come out from the study, it is certain that Hamlet has sexual feelings for her mother. This is exemplified through the insane behavior that he assumes. Notably, the “normal” conversations that he holds with his mother imply that he is jealous of his uncle. He goes to the extent of making attempts to stop his mother from sleeping with his uncle. In addition, he posits that the marriage institution that the two share is not based on love and likens his feelings to the complexity that is used to define love.

Annotated Bibliography

“Family Romances.” The Standard Edition of the Complete Psychological Works of Sigmund Freud, Vol. 9. Trans. and Ed. James Strachey. London: Hogarth Press, 1959. 237-241

The author provides an insightful analysis of Sigmund Freud’s approach to psychoanalysis. He explores the basic elements of Oedipus complex from a psychoanalytic point of view. Notably, this information provides a basement upon which vital deductions regarding to Hamlet’s play are made.

“Introduction.” Hamlet, By William Shakespeare: Screenplay, Introduction, and Film Diary. New York: W. W. Norton and Company, 1996. xi-xv.

This provides vital background information that informs the audience of the conflict in the play. This enables the audience to be well informed in advance about the anticipated conflict and therefore follow the same closely. This knowledge is important for effective analysis of the play.

Lacan, Jacques. “Desire and the Interpretation of Desire in Hamlet (1977).” Literature and Psychoanalysis–The Question of Reading: Otherwise. Shoshana Felman, ed. Baltimore: The Johns Hopkins UP, 1993. 11-52

The author provides an in depth analysis of the inherent desire in Hamlet fro a psychoanalytic point of view. He contends that Hamlet’s sexual desire compels him to carry out the revenge. He ascertains that satisfaction of desire is a requisite for attainment of happiness. This information provided vita guidance for the study under review.

Proposal

Oedipal complex is one of the sensitive themes that Shakespeare manages to effectively explore in his Hamlet. Notably, this theme triggers various events and revolves around the main characters in the story. It can be considered one of the central themes that augment other themes such as revenge and insanity. Moreover it triggers the relative events and makes it possible for the author to enhance coherence in the play. Despite this elemental role, it is certain that this is deeply embedded and requires critical thinking in order to identify it within the text. As it will come out from the study, the sexual feelings that Ham let harbors for his mother are implicated for triggering him to pursue revenge against his uncle whom he believed denied him a chance to satisfy these feelings.

Critical Analysis Oedipus the King

Critical Analysis: Oedipus the King

Introduction

The ability to effectively incorporate all the aspects of an ideal piece of literature in literary writing plays a critical role in enhancing the credibility of the end product. Most literary works have been increasingly criticized for failing to meet the basic standards of literature. This has had various implications as their artistic styles have been greatly undermined and the goals of the authors compromised. This paper provides a critical review of the novel Oedipus and analyzes its themes, style, structure and plot. This is geared towards determining whether this piece of literature meets the basic standards of an ideal literary work.

The story explores the fate and tragedies that the King of Thebes faces during his reign. In particular a hereditary curse is placed on his life and he suffers severe consequences. When Thebes experiences various problems such as plagues and fires, Oedipus decides to take the challenge of putting measures in place to restore prosperity and life in this kingdom. Later on he discovered that his actions reflected the curse that was placed upon him at birth. In particular, he found out that he was the one responsible for the death of his father and that he had married and had children with his mother. He is dismayed when he realizes that he is not the identity that he had always thought he was. This discovery makes his wife-mother commit suicide and Oedipus makes him self blind and later retreats in exile.

The author’s characterization can be considered to be very impressive. He breaks the monotony of according a hero a virtuous character and makes Oedipus to be a representation of both good and evil. Aristotle praises this characterization and indicates that it has a desirable impact on the audience who experience feelings of pity as well as fear at the same time while they watch the play (83). Essentially, Oedipus’ character falls between the two extremes of being both to good and experiencing a severe misfortune that is perpetuated by his past vices.

However, it is notable that in the prologue, he employs numerous characters that assume various roles. This can easily confuse a reader and undermine the understanding of the entire story. Nevertheless, it can be contended that he effectively addresses the vital events and informs the reader about their role in the development of the plot in a timely manner. This enhances harmony within the text and plays a fundamental role of preventing conflicting episodes. In this respect, Fry shows that the presentation of the exodus in the prologues and consultation of Oedipus with the elders are instrumental in revealing to the audience the fate of Oedipus (94).

His exploration of various related themes can also be considered very effective. In this respect he introduces the themes at different stages and uses the characters to make the reader to recognize the same with ease. For instance he evaluates the theme of knowledge and ignorance and uses the same to demonstrate the notion of reversal. This is manifested when Oedipus makes an effort to overcome his ignorance by searching for important information regarding his origin. He believed that his would enable him to deliver his subjects from suffering and make his reign successful. However the implications of this generate counter effects as they lead to his self destruction. Further, in his review, Bates asserts that the plot of the story has a great impact to its audience (52). This is due to the fact that it has the ability to stir emotions in persons that watch it, read it and those who merely hear it.

However, the plausibility of some of the actions of the characters has greatly been contested by Thornton who argues that they do not reflect the historical background of the setting (125). A classic example in this regard has been cited to be the ignorance of Oedipus regarding the death of his father. Thornton argues that the author fails to provide a viable reason that would justify this ignorance to the reader (127). This raises more controversy especially considering the fact that in the Greek history, the origins of a leader were greatly scrutinized before he could assume leadership. In addition, the decision of the King to consult the oracle even after he had learnt about the existence of important persons such as the shepherd that could provide fundamental and factual information about his origin has undergone scrutiny.

The author employs various stylistic devices that make the story more interesting. In particular, Bates indicates that he employs suspense that keeps the reader unaware of the events that would follow (88). He uses his characters to mold various actions and ensures that relative ramifications remain unknown to the reader until after the event has occurred. Notably, his diversification of the stylistic devices also contributes significantly to enhancing and maintaining the interest of the reader. He uses suspense symbolism, imagery and chorus to relay vital information and uphold the interest of the reader.

Conclusion

From this analysis, it can be contended that the author structures the play in an effective manner. In addition his presentation of vita information through various stylistic devices proves effective in maintaining the interest of the reader in the novel. Of great importance however is his explicit exploration of various themes though the experiences and activities of his characters. Irrespective of the fact that part of the books content is disputable, it can be concluded that the book meets the basic standards of credible literature.

Works Cited

Aristotle. The Poetics. UK: Heinemann 1947.

Paul, Fry H. Homer to Brecht: Reviewing European Classics. Yale: University Press, 1987.

William, Bates N. Sophocles: Drama and Poetry. Oxford: University Press, 1958.

Wilder, Thornton. Characterization of American Essays. USA: Longman, 1988.

New Hollywood Cinema An Introduction by Geoff King

New Hollywood Cinema: An Introduction by Geoff King

In this book, King examines the Hollywood “Renaissance” from the late 1960s to the late 1970s as well as some of the industrial factors that shape the current dominance of the corporate blockbuster. King begins by stating that there are two distinct periods when addressing “New Hollywood” including the Hollywood Renaissance and the New Hollywood. Geoff King analyses new Hollywood dynamically and accessibly in his text and discusses diverse films, film makers and film companies apart from concentrating on the interactions between the film texts, social contexts, and their producers by using examples across Hollywood and its genres. He further discusses how positions of studios within media conglomerate, and the relationship between production for big and small screens as well as the influence of television, advertising and franchising on the New Hollywood have been transformed the form of the films (King 137-140).

King has established many similarities and trends corresponding throughout all years of Hollywood and detailed the differences between the two Hollywood periods through many different lenses such as industrial and cultural factors. King describes the first period as a period that was marred with lots of social upheaval all over America that hugely influenced the audience. He further explains that Hollywood Renaissance experienced a rise of youth counterculture that tapped into a new audience for Hollywood and that it was characterized by stylistic borrowings from French New Wave cinema that contributed to Hollywood’s finest.

On the other hand, New Hollywood period was marked by the concept of the blockbuster, an aspect that dominates the Hollywood scene to date because of money as argued by the King. King considers New Hollywood period in an industrial standpoint and posits that because studios dominate distribution and are significant in huge media corporations, there are huge profits that are realized in the Hollywood (30). He asserts that current movies are based off previous material, what he terms ‘pre-sold movies’ and says that “Jaws” marked the beginning of the modern blockbuster film.

King has explored various angles of Hollywood to show how current and past Hollywood fit between culturally films that make one question and think and the giant films that do not make one think but make money. He has highlighted the cult of directors that controlled the renaissance period but their root are traceable in the studio era and argues that hybrid genres and mixing and mashing of genres is not a new idea. King disproves the concept that New Hollywood is not as different from studio Hollywood as is conventionally thought and further posits that in the middle of Hollywood productions, there are genre films that account for most of Hollywood productions. King also tackles the issue of stardom and how studios control the stars and lock them into deals by paying them for movies even if the movies does not get made. King further argues that spectacle has narrative and that Hollywood has never been married to a classical sense of narrative.

Generally, King has greatly showed Hollywood over the course of different times and from multiple perspectives. There is much to admire in King’s book especially the ability to eschew the use of large-scale theory in favor in favor of a more considered appreciation of technical issues regarded vital in the study of Hollywood. Although the book does not break a lot of fresh ground, it may remain relevant to many students because he teaches using clear language.

Works Cited

King, Geoff. New Hollywood Cinema: An Introduction. London: I.B. Tauris, 2002. Internet resource.

CRIMINAL LAW

CRIMINAL LAW

Criminal Liability is actually what unlocks the logical structure of the Criminal Law. Element of a crime that the prosecutor needs to prove is a principle of criminal liability. There are a number of crimes that involve all the principles of liability; these are called “crimes of criminal conduct”. Homicide, for example, is a crime because all one is needed to prove actus reus, mens rea, causation harm and concurrence. The requirement that the prosecutor must provide evidence in each and every element beyond a reasonable doubt, is referred to “corpus delicti rule”. Burglary, for example, is a crime because all  you need to do is prove beyond a reasonable doubt, this is referred to as an actus reus concurring with a mens rea. There are crimes that involve all the principles of criminal liability, which are referred to as true crimes. .Given this scenario, criminal law has been broken. First, Marley and his friend Bob have intention of intruding and stealing from Scrooge. It states under the theft act state a person is guilty of theft of burglary if he or she enters a building or part of a building as a trespasser and intents to commit the offence of burglary. Though Marley is dead, they both broke the law.We could also say they had equipped themselves for stealing. The theft act, states that a person is guilty if he has with him any items for use in the course of the incident or which the items are in connection with any burglary. Given our case, an offence was committed by them.Marley gets to died before all is heard by the police, already a blame game is created by Bob that he was drunk before accompanying Marley to Scrooge house. The question is why he fled from the incident when he got struck on the arm by Scrooge? It is important to understand if Bob is guilty. When Bob was in the incident, he was holding items which he later dropped, if truly he did not know what was happening and was drunk then why did he fled away leaning his friend behind. Bob broke the law because right back his mind he knew what he was doing.Scrooge is under pressure, he has actually caused one’s life. Under the law of homicide, human life is of unique value. While danger to life is an element of most crimes, the law focuses on it directly, by declaring criminal in a range of conduct that actually causes death. Since life is valued highly, such conduct is not allowed more generally than conduct causing other kinds of harm. Given our case, homicide has taken place since the act of killing a human being by another human being has occured.Given that  homicide is an issue, the law makes no distinctions among humans as victims. The human life is always a priority thus protected, and none of the criteria is worth by which we may classify persons for other purposes is material. Scrooge has to answer on that given that he used a sword to take one’s life and harm another. The question behind this is, why the sword? Did he intent to harm? Was Scrooge frightened at the time of incident? Had such an incident ever happened before? This entire question will determine whether he broke the law or not.In homicide, if someone acts with no intent to kill or if he or she has the intent but the death occurs, it may likely not be obvious whether his or her conduct or other contributing factor for which someone else is criminally responsible should be regarded as the cause of death. The matter is then left to the trier of fact, who is to decide on the basis of ordinary experience and common sense whether to attribute causal responsibility.For Scrooge case this homicide would have been referred as Justifiable, though there are no fault homicides. It involves the death of someone under a circumstance of necessity or duty for example self defense by scrooge in the time of the incident.Scrooge still has to defend himself on his act. To convict a defendant of crime, the prosecutor must and always provide prove that the defendant is guilty beyond a reasonable doubt. As part of the process, the defendant is given an opportunity to present a defense. For our case, Self-Defense would be. Self-defense is a defense asserted by someone charged with a crime of violence, for example, assault with a deadly weapon, or murder or battery (striking someone). The defendant could admit that he did in fact commit the crime, but claims that it was a result of the other person’s threatening actions. Scrooge would do the same, arguing that there was a presence of a threatening action. In most self-defense cases the core issues are who is the aggressor, was the defendant’s belief that self-defense as necessary a reasonable one, and If so, was the force used by the defendant also reasonable?Self-defense is always rooted in the belief that one should be given an opportunity to protect themselves from physical harm. It means that a person does not have to wait until he is struck to act in self-defense. In law, if a reasonable person in same circumstances would think that he is about to be physically attacked, an individual has the right to strike first and prevent the attack from the other person. However, any act of self-defense one cannot use more force than is reasonable, if one used too much force he may be regarded as guilty of a crime. Scrooge could be referred as guilty under this state, the fact that he used force and by so doing it resulted to Marley death.Bob could also defend himself, stating that he was Under the Influence of alcohol. It is argued that if someone commits a crime under the influence of drugs or alcohol, and him or her mental functioning was impaired, they cannot be held accountable for their actions. However, voluntary intake of drugs or alcohol does not excuse criminal conduct. If the defendant knows (or should know) that drugs and alcohol affect one’s mental functioning, they should be held legally responsible if they commit crimes as a result of the voluntary use.Scrooge would also refer himself under this defense, that at the time of crime he was under the influence of alcohol since he was at home resting or taking a nap. Though his take could have been voluntary, he being at his house and disturbed could not have him guilty. Still Scrooge is not found guilty.In Some states, an exception to this general rule is allowed. If someone is accused of committing a crime that requires some form of specific intent meaning that it was intended with consequences, as well as intending to do the physical act that leads up to consequences, the accused could also argue that he or she was too drunk to have formed intended to commit the crime. This is a partial defense; however, it does not entirely excuse the defendant for his action. For such a situation, the defendant will be convicted of another crime that doesn’t require proving the specific intent. For example, someone accused of assault with the specific intent to kill another but only convicted the assault with a deadly weapon, will not require specific intent.In law, assault theoretically mean different things, it is referred as an act which possibly recklessly or intentionally causes someone to apprehend immediate or unlawful personal violence. Recently there has been modern trend to use the term ‘assault’ in a broad sense to include both battery and assault. Scrooge could be accused in term of assault but could argue on ‘actus reus of assault’, that there was a requirement of immediacy in the crime of assault. It will mean that Scrooge must have perceived some form of threat and as a result there was the need of action, there and then. Most courts have on occasion, given a somewhat liberal interpretation to the concept of immediacy.Conclusion Given this case, Bob is Guilty because he knew what he was doing at the time of the incident. He fled away leaving his friend Marley behind while he dropped the items he was holding.For Scrooge, he is not guilty because he acted according to defend himself using the sword and at the time of the incident he was under threat.

Literature Referencing

Books (and chapters within books)

A book by a single author will be cited like this: MT Molan, Criminal Law:Cases and Materials (3 rd edn Cavendish, London 2005) 29 The author’s initials or first name ( if known ) come before the surname and the title is in italics. The edition, publisher, place of publication, and date, follow in brackets. If the edition of the book you used is later than the first, which is quite likely, you MUST specify this. If you need to give the page numbers for the specific section you consulted, add them last. If the book is a collection of chapters edited by one or more people, use (ed) or (eds) after their name(s). For example:

M Elliott (ed), Beatson, Matthews and Elliott’s Administrative Law :Text and Materials (OUP, Oxford 2005).

The above example also shows that well established books continue to be known by their original titles long after their original authors have died and each new editor must be identified.

For multiple authors, insert ‘and’ between each name for up to three authors. For more than three authors, give the details of the first author, and add ‘and others’, e.g.

Damien Chalmers and others, European Union law : text and materials (CUP, Cambridge 2006 )

Chapters within Books

To identify any particular chapter in a book of edited readings, you must use the word in and put the title of the chapter in single inverted commas. For example:

MA Jones, ‘Breach of Duty’ in A Grubb (ed), Principles of Medical Law (2 nd edn OUP, Oxford 2004)

Self-Regulation Plant-based Food Dieting a Measure against Obesity and Overweight

Self-Regulation Plant-based Food Dieting a Measure against Obesity and Overweight

Self-regulation implies the human capacity necessary for individual survival but equally crucial for groups and human species, yet failures abound to this behavior (Lopez et al. 193). As such, the current obesity rates and the epidemic is a suggestion about the failures to self-regulate. This is equally confirmed by the ever-growing dieting industry (Turner-McGrievy et al. 369), all indicating the degree to which people have failed to exert self-control in eating. The failure to realize the long-term dietary and weight management goals are but attributed to innocuous and small decisions, including people overindulging in eating ice cream servings, cake, or every fails to resist the urge to buy candy from a supermarket. Those with self-regulation challenges would challenge any recommendation for self-exerted control on dieting as a tedious task, impossible undertaking, and infringement on personal choices or decisions (Swinburn et al. 127). Some have even challenged that vegans are overly obsessed with food intake and are doing it for ‘belonging’ and not specifically to diet or maintain good body weight (Jones 1). Yet, the empirical evidence is there for everyone to digress, even for anti-vegans. Every single step that one takes in dieting by exercising self-control reduces the chances of obesity or overweight. Planning a diet is about a person knowing the standard calories to take in a day, limiting oneself to unhealthy habits like eating candies, drinking sugar-sweetened beverages. Hence, this argument maintains that exercising self-control through the dietary intake of plant-based foods protects individuals against weight gain and dangers of obesity, a way of limiting animal-foods and encouraging diet-conscious behavior.

Exercising self-control or regulation involves limited unhealthy and negative eating patterns like binge eating, but not specifically restrained eating as some would think. In so doing, there is a greater extent of restrained in eating necessary in preventing obesity and overweight. This follows research by Swinburn et al. who confirmed that “a ‘flexible restraint’ eating pattern is associated with a lower risk of weight gain” (126). As such, the author stresses the need for self-regulation and control by avoiding bad habits like binge eating. This is further supported by the notion that from cross-sectional studies, binge eating has been found to have a relationship with obesity patterns. Although studies have always found a complex relationship between binge eating and obesity, most of the reports outline binge eating as one of the development trajectories towards obesity and overweight. Therefore, it stands out clear from the current argument and assertion that self-regulation is needed to address obesity and overweight. Although exercising self-control is a challenge, this is the only evidence-proven means by which the obesity epidemic can be addressed.

Self-regulation as an aspect of dieting concerns how body weight is influenced by dietary patterns, of which limiting or regulating the amount and type of food taken is a step towards preventing obesity or overweight. As such, this conception and assumption follow derives from epidemiological studies that have explored how bodyweight differs based on dietary patterns. For instance, Turner-McGrievy et al. identified such patterns as vegan or pure vegetarian and the moderating role in weight gain (370). As such, dieting practices like veganism is associated with weight loss, since “studies have shown that vegans gain significantly less weight as they age compared to omnivores” (Turner-McGrievy et al. 369). In this case, self-regulation and control will be about consuming less of animal-based foods and increasing the amount of plant-based foods in the plate or diet. The evidence confirms the inherent need for self-control and regulation, more so a focus on an entirely plant-based diet, or even limiting the number of animal foods and increasing the servings of plant-based foods. Therefore, this shows how self-regulation and control as aspects of dieting call for shifting to plant-based foods and reducing the number of animal foods that have been confirmed to result in excessive weight gain.

Self-regulation and control when it comes to dieting are about consuming quality foods or diets. Diet, quality, in this case, is associated with the health and well-being of an individual to which consuming certain foods is associated with profound health benefits like maintaining a good healthy weight and low Basal Metabolic Index. This conception is supported by the existing empirical evidence. For instance, Turner-McGrievy et al. noted about vegan diets being “healthful, nutritionally adequate, and may provide health benefits in preventing and treating some diseases” (370). The central argument, in this case, is about the inclination towards consuming healthy towards as with regards to the behavioral change to consuming ‘qualify foods’. Quality food, in this case, should not be about consuming the most expensive and delicious meatballs, pizza, grilled meat, chicken, and the likes. Quality food, in this case, is about consuming food with health benefits. Therefore, a behavioral change towards planning for ‘quality foods’ should be about self-discipline to consume foods with fewer calories like plant-based diets that have less cholesterol and pose less danger to overweight or obesity.

Arguments against self-regulation center on infringing on personal choices and morality of imposing ideologies on others. Yes, it is right within any person’s capacity to refute the infringement of personal choice and even imposing other people’s ideologies as the universally accepted way of viewing food. For instance, others will say “that food and anything to do with diet is specifically a personal choice” (Jones 2). Hence, the direction of argument is about eating animals or plant foods boiling down to choice and freedom, especially the morality of autonomy. Therefore, they believe and take vegans as individuals who want to force views, direct and influence people on inherent choices. However, this is not a question of personal choice but rather, public health. Obesity and overweight is a major public health problem ranking among the leading killer non-communicable diseases. The diseases we have around, including hypertension and diabetes all find their basis from obesity. In this case, the discussion should not about imposing ideas on others but a concern for public health. Self-regulation and control through dieting with plant-based foods should be viewed as a public health intervention against obesity.

In conclusion, for obesity rates to reduce there is the inherent necessity to practice behavioral change and regulation. It is about people seeing and valuing the need to reevaluate their behaviors and think of better ways that they can protect themselves against the repercussions that come with gaining weight. Weight gain is majorly attributed to poor dietary habits like consuming junk foods and more servings of animal-based foods or fats. In so doing, there is the inherent need to have a relook on people’s behaviors and be motivated to exercise self-control and regulation by getting accustomed to plant-based diets as a dietary or nutritional behavior. It is confirmed by empirical studies that the way to address obesity is for people to consume more of plant-based foods and internalize this as a behavioral change or ascription. Self-control or regulation through dietary planning towards plant-based foods and the reduction of animal-based foods is the only way society can address the ever-increasing obesity rates.

Works Cited

Jones, Robert C. “20 Anti-Vegan Arguments and Replies.” Encyclopedia of Veganism and Animal Ethics, Presses Universitaires de France, 2020 (2020).

Lopez, Richard B., et al. “Motivational and neural correlates of self-control of eating: a combined neuroimaging and experience sampling study in dieting female college students.” Appetite 103 (2016): 192-199.

Swinburn, Boyd A., et al. “Diet, nutrition and the prevention of excess weight gain and obesity.” Public health nutrition 7.1a (2004): 123-146.

Turner-McGrievy, Gabrielle, Trisha Mandes, and Anthony Crimarco. “A plant-based diet for overweight and obesity prevention and treatment.” Journal of geriatric cardiology: JGC 14.5 (2017): 369.

Steve Jobs Commencement Speech at Stanford University

Steve Jobs Commencement Speech at Stanford University

The inspirational words spoken by Jobs still have greater effects on various business leaders and people around the world especially his ability to link his message and the intended audience. In the Commencement address by Steve Jobs, CEO of Apple Computer and of Pixar Animation Studios he said, “You’ve got to find what you love”. Steve Jobs delivered the message on June 12, 2005. He, as an elder and achiever, strives to give his audience who graduate from Stanford University some wisdom and inspirations. In his speech, Jobs tells three stories from his life to encourage his audience unhurriedly face to their life and tenaciously pursue their love. These three stories are about “connecting the dots”, “love and lost” and “death”. Steve Jobs establishes his credibility, influence, and sometimes combines multiple rhetorical strategies to affect his audience to accept these enlightenments of life.

To entirely understand goal of Steve Jobs in creating his argument on speech, the anticipated audience, apparent purpose and context ought to be initially analyzed. This presentation is at Stanford University as commencement. The audiences include top brains from the finest universities in the world. Steve Jobs advices and enlightens the graduates who are about to face life. In context, being an achiever, he imperceptibly uses his own life stories to convince his audience because the stories are reality. Steve Jobs’ humble beginning and the fact that he never graduated indicates that he has a lower starting point than these graduates thus confirming the reality of his stories.

Steve Jobs’ ethos, pathos and the structure of speech largely influences his speeches and arguments. He presents his opinion and history as evidence that creates rhetorical backing in ethos. Steve makes himself an individual who is determined even in times of obstacles to overcome challenges that face him and make them perfect (Web). He advises his audience that failure can sometimes be good and are some of the things that make him successful. He connects well with his audience because of his success and position as a role model. Job creates a person everyone would want to become even if his fame. He develops emotional connection with his audience and this deepens the relationship and makes them to strive to become like him.

Steve Jobs tells a story concerning his battle with cancer and this works well in convincing his audience who can relate with cancer. The cancer issue brings emotion into picture and enhances a good connection with his audience. It makes him prove the point that time is precious and death can actually take place anytime and further let the audience understand where he comes from (Jobs Web). Steve uses his life experiences to play upon his rhetorical strategies. In his address, he uses love and loss as universal emotions common to all humans to attract the audience attention and make the speech connect with the graduates emotionally. He tells audience to utilize their intuition and follow their hearts to become happy. He further uses repetitive structures and speaks of adversity as a road to success. Steve Jobs, just like any other prominent speaker uses emotional anecdotes to represent their own personality and history. He begins his life story with his unwed graduate mother who put him up for adoption and other clearly disadvantaged background as a poor child (Jobs Web).

Apart from using his challenges in convincing the audience, he tells the audience to believe in themselves by giving example on how he started from a simple beginning. Steve Jobs reminds the students that even the most unfortunate and poor students can achieve success in their lives. He also explains about a company he started that later grew into a big company and this reminds the grads that even them they can start off things humbly and be successful. Steve Jobs reminds the audience that they can reach greater heights if they follow their dreams just like him. He digs deep into his intimate lifestyle issues and uses pathos to tap into the grads’ feelings of sympathy. Steve Jobs proves a strong man with ability to conquer challenges and his three stories make him an example of hard work as a precursor to success (Jobs Web). Steve Jobs successfully tells three different stories representing three different rhetorical strategies to make his speech better, inspiring, and more believable to his audience. He makes the students believe that success is just within their reach and the insight offers a stronger connection for the grads. Jobs’ speech shows his audience that outlook on life is simple and that is what entails success (Web).

While proving the capability of starting from a small beginning, he nicely organizes his speech to sound connective and rhetorical. The structure of Jobs’ speech sounds connective and rhetorical because he sets it high topically by including three stories thus enabling him make his point and connect his arguments in an organized manner. Jobs did not just spill his points in random times and moments but organized them in a systematic manner making him to connect issues to an overall point of finding. Steve Jobs’ creation of language structure relates with the three stories and three varying messages including connecting the dot, love and loss and death (Web). His ability to connect the three stories with the intended messages enables his audience to follow them easily. Steve establishes his arguments with rhetorical backing and his speech is only supported through opinionated and personal experiences.

Jobs speech is easily understood because he uses simple topics and words in structuring his speech such as starting the animation studio Pixar, NeXT and bounces to Apple (Web). He shows students that challenges and adversity can make them better and stronger by explaining that his life was initially good, took a wrong turn, and eventually became much better. Jobs speech is organized in a very consistent way as he honestly, but loosely introduces his topics. As he introduces his third topic, he gives it a brief, simple, and elegant phrase, “death” and the ability to speak in a simple manner makes him appear honest and builds the logos of his argument.

Besides simplicity and word structuring, Jobs applies frankness and honesty in his speech such as the comment he makes when he talking about death. He says that “Even people who want to go to heaven don’t want to die to get there. And yet death is the destination we all share. No one has ever escaped it” (Web). Jobs informs the students that the truth of the matter is that they will all die and therefore they need to utilize the time they have to ensure that they follow their passion and desires. He tells the students that they should not live with regrets by failing to do what they are best in. These forthright remarks and visible evidence that success is attainable tend to encourage the grads to follow their hearts and emphasizes on his heart-wrenching rhetoric.

Within Steve Jobs’ presentation is a structured and suggestive argument purposed in persuading his audience to follow their passion in order to achieve success. His speech was developed in a way in which life experience examples and evidences are highlighted while occasionally pairing them with powerful emotions. Besides, without his personal experience regarding the topic of success, none of these strategies would have been as effective towards his audience. Steve Jobs intertwines these multiple parts of persuasion to convince the audience of the significance of following passion. He nicely connects the three stories with his emotions leaving the graduates empowered. Steve Jobs uses emotionally charged stories as well as elegant, simple and intellect words in his speech to portray his character and eligibility that work well in addressing and motivating the graduates.

Works Cited

Jobs, Steve. “How to Live Before You Die” Stanford University. Stanford University, 14 June 2005. Web. 11 Feb. 2014. <http://news.stanford.edu/news/2005/june15/jobs-061505.html>.

Socratic believes in the central ide of dialectic method of enquiry that was largely used to solve a problem by disintegratin

Socratic

Socratic believes in the central idea of dialectic method of enquiry that was largely used to solve a problem by disintegrating it into a series of questions. This technique is widely used currently even in the field of science where hypothesis is initially introduced in every scientific method. This method is one of the most celebrated issues in the Socrates’ most enduring influences. Socrates believed that by asking numerous questions, one would be able to assess his level of belief and knowledge he possess thus making it a negative method of eliminating hypothesis. Socratic Method is indeed suitable in identifying the best hypothesis after eliminating all the contradictions. This is crucial in making an individual to evaluate own belief and verify its validity

Socratic Method arguably brings the best out of every burning question and strengthens an individual belief thus clarifying the concepts of good and justice. Socratic Method is really amazing as it helps an individual to examine own belief and eventually evaluate their worth which is an important thing in every individual. Belief regarding wisdom and ignorance is really amazing and justifiable in the society. Someone’s deeds cannot surpass the individual’s level of intelligence and ignorance and this clearly draws line between what may be perceived to be a wise decision and an irrational act or decision.

Additionally, the belief that an individual must concentrate more on self-development but not on material things is indeed significant and realistic. In the current society most people depend mostly on material things forgetting about the need to develop as a person. Friendship and love is gradually loosening its meaning in the current society as everybody is busy making money or concentrating on an electronic gadget. People tend to forget about some vital values such as philosophical and intellectual values which were really supported by Socrates simply because of material things. With all these issues put in place, it is evident that materialism is indeed the enemy of achieving the ideal life and therefore people should focus on quest to goodness, virtue, justice, integrity and friendship as Socrates puts it.

Generally Socratic beliefs are commonly used in the society and are likely to be the best tool in coming up with resolution in almost every hot argument. It is easy to let people think about a particular situation at hand rather than just engaging in unconstructive talks. An individual may let his audiences to view issues in his own perspective and minimizing any unnecessary conflict through the use of Socratic Method.

Practically, Socratic Method is used in various places specifically in education where learners are challenged to enhance their critical thinking. This method appreciates the existing knowledge and understanding within an individual learner hence promoting the enhancement of the already existing understanding. Logically, I think this would boost learners reasoning skills as well as rational thinking. Eventually rational thinking and understanding leads to deeper grasp of every topic taught and further enables learners understand their roles and responsibilities in whatever they are undertaking. Actually the issue of self-awareness and validation of one’s belief makes Socratic ideas the most interesting ones.

Counselor Ethical Boundaries And Practices

Counselor Ethical Boundaries And Practices

Introduction

The intention of the course is to offer understanding of the perception of ethics and boundary matters relating to the professionals in the mental health field. The marriage and family therapists, social workers and counselors are guided by ethical principles. The key objective of the study is to assist the reader understand that the ethics observed in this profession are intended to protect the profession, public, clients and practitioners. Ethics is not related to science. In addition, they are not recorded at any place. They are stated generally in order to leave the user with a room for modifying the stated principles to complement the situation on hand. The field is principally about analyzing morality. An individual can get entangled in a tricky situation while trying to determine the best decision to take in some situations. Keep reading for more practical knowledge on counselor ethical boundaries and practices.

Boundary Issues and Dual Relationships

The boundaries and dual relationships concepts are closely associated although they are not identical. The relationship occurs when an individual has a couple of responsibilities simultaneously to a client (Syme, 2003). For instance, a counselor treating a client who is a business partner, friend, teacher or relative is an example of a dual relationship.

In order to avoid violating or crossing boundaries, there are four regulations that counselors should follow. First, the fiduciary obligation should be accomplished. This is the basic obligation to the counselor which involves which involves concentrating in enhancing the well being of clients. Second, the counselor has a role of abstinence. The only gratification acceptable to the counselor is the fee paid and the positive improvement of the patient due to the therapy offered. Third, the therapist should maintain a strict counselor-client relationship. Integrating emotions in the therapy can compromise confidence, clarity, trust, expectations and rules between the patient and the counselor. Lastly, the counselor should work within the roles and boundaries of a therapist. The expert should work within the professional limits. Therapists should have slightly higher power than clients such that they can recommend patients to take therapy approach that is against their wishes.

In some cases, some of these relationships are unethical, but there are other times when they are not. For example, if the therapists live in a small community where they are the only qualified counselors; their child’s teacher, hair dresser or friend’s wife may have no other option apart from seeking treatment service from them. These dual relationships are intricate and ambiguous since the patients can seek medication either online. Alternatively, they can travel to the nearest town with counselors.

However, the online treatment might be less effective or more costly than the local counselor. In addition, the patient might require visiting the health expert several times before recovering fully (Syme, 2003). The cost of travelling to another place or attending regular physical lessons when receiving online treatment can be too much for some patients to bear. In such a case, therapists opt to treat patients (Syme, 2003). They also avoid crossing professional counseling ethics by having their fees and patients’ recovery as the only gratification. In addition, they ensure to offer appropriate treatment, as well as avoid integrating emotions when treating them. They also maintain higher authority such that they decide the best therapy approach for their patients.

Another example of a complex and ambiguous situation that may raise boundary issues is a state where a client is dropped in my clinic by a friend who promises to come back for him or her, but he later fails to show up due to an emergency at home. It is getting late, and the weather is vulgar such that the public transport plying the route is not available. The only mode of transports available is taxis, but they have hiked the cost drastically because of the dangerous roads. It is getting late, and my home is on the opposite. Although she can walk home, the therapist is afraid that she would be vulnerable to risks such as lightening strikes and exposure to excess cold. On the contrary, she could have deliberately arranged the situation with the friend. In order to solve the situation without crossing the boundary, the counselor can charge her the normal taxi fee to take her home. Alternatively, he can refer her to his friend for assistance. Offering to drive her home free or allow her to take shelter at your home are potential solutions, but that would violate client-counselor relationships since it is motivated by emotions.

In a situation where therapists are counseling children who are depressed because they are being mistreated by parents, adopting the kids would be violating the boundaries. On the other hand, counseling the kids and then letting them go back to their parents would also be unprofessional because the therapy would not function (Syme, 2003). An appropriate approach by the counselor would be to report the parents to the relevant organizations. The parents are clients and might be opposed against the move, but the therapist has higher authority than clients.

Lastly, long term patients develop a personal relationship with the therapists such that they can include them in their will (Syme, 2003). The therapists should refuse because they have the role of abstinence. Their reward comes in the form of the fees paid and the positive health improvement of the patients.

When therapists comes across a former clients in a club, and he offers to pay his bill for dinner, this would not be ethically appropriate and within the professional boundary. After a patient completes therapy, he became the friend of the counselor. In addition, the former client is not seeking any service from the therapist hence there is no dual relationship in existence to be violated. On the contrary, it would be unethical for a current client to pay the bill for his therapist in a club. Approximately one month after termination of the consultations to the therapist, the dual relationship terms end. All the professional ethics in place are removed.

Development of Your Thinking about Ethics

One of the crucial facts that have developed regarding counselor ethical boundary, and dual relationships, is that the ethics used are intended to provide a fair platform for both the therapist and the patient. They ensure none of them is at a better advantage than the other. The stipulations are also open hence they can be applied in all clinical therapy situations. The counselor can modify the ethics to match their environment or culture.

When counselors are, treating patients whom they have other kinds of relationships such as relatives, business partner or they are relatives of close friends, maximum level of professionalism must be considered (Syme, 2003). When therapists allow emotions to interfere with the relationship with their clients, the situation erodes clarity, confidence, expectations, trusts and sometimes the regulations that are followed by the counselor. For instance, therapists might divulge confidential information concerning their patients. In addition, they might agree to offer medical therapy sessions in an environment outside the clinic or stipulated center. The best way to avoid violating the ethics boundary in counseling is through signing a contract outlining the crucial regulations that patients should follow.

The therapists should also have the final word when it comes to determining the treatment approach used on a patient. This implies that there are no boundaries violated when the expert dictates the therapy a patient should take. There are cases where the patient might prefer certain treatment that the expert might deem unsuitable for them. The expert is permitted by ethics to force the patients to choose alternative treatments that are appropriate.

The therapists should also not accept additional favors from their clients apart from the regular fees and positive improvement achieved after the therapy (Syme, 2003). It is unethical for a therapist to accept dinners and drinks paid by their patients or a share of the wealth of their clients. Nonetheless, these offers would be in line with the counselor ethical boundaries and practices in dual relationships in case the patient in question has completed treatment (Syme, 2003). The dual relationship terminates automatically once the patient has completed the treatment program.

The location and situation of the dual relationship helps in determining when a situation is a violation of ethics. This means it is possible to have an identical situation which is a violation on one expert while it is not to another therapist. As long as the therapist is not exploiting the client, there are no boundaries exceeded.

If the patients described above, had completed therapy, and had no consultations reserved, the dual relationship codes of ethics would not be applicable on them (Syme, 2003). Prior to clients getting into this relationship, they should understand all the possible consequences. Besides, they should analyze whether the present patients are complaining about the professionalism of expert. These relationships are intricate hence the need for discussing the pros and cons of each situation in advance.

In conclusion, dual relationships are discouraged, but there are guidelines that should be used to control them when they are inevitable. The discipline code followed should be outlined to ensure mutual benefit of the relationship to the therapist and the patient.

References

Syme, G. (2003). Dual relationships in counselling and psychotherapy: Exploring the limits. London: Sage Publications.

Corporate Social Responsibility Reports

Corporate Social Responsibility Reports

Corporate social responsibility is a common notion adopted in business models that alludes to some form of self-regulation by corporate systems. It is a system which is built in and self regulating through which businesses ensures frequent evaluation to ensure that it fully complies with the law, international norms as well as ethical standards (Moir, 2001, pp. 1-4). Nevertheless, though guided by the CSR, business firms are profit driven and as such would overlook the self-regulation by CSR for the sake of profit maximisation (Friedman,1970, para 1-10). Business enterprises and business proprietors are engaged in trading activities with the motive of maximizing profits or gains. Besides, they are expected to uphold integrity and business ethics in transacting their businesses for rightfully gaining. However, in understanding profit maximization as the traditional maxim upon which organizations ran, the modern day maxims dictates that organizations must be concerned of environmental as well as other social issues that surrounds them as dictated by social contract. They are expected to abide by laws governing the trade activities and as such avoid malpractices such as tax evasion, manipulation as well as dishonesty. These are all common practices that business entities or individuals in businesses engage in for maximizing personal or corporate gains.

Dishonesty and tax evasion are equally very deliberate acts that persons or businesses engage in order to avoid sharing on the profits realized (‘corporate watch report’, 2006, p. 3). However, it is worth noting that legal frameworks exist and are meant to enforce ethics and morality in trading practices although records show increasing trends in malpractices as discussed. Moreover, it is the responsibility of the CSR reports to inform shareholders as well as the other stakeholders such as the public on the environmental performance as well as corporate social performance of a business organisation (O’Riordan and Fairbrass, 2008, p. 746-748). In fact, there are many similarities between the stakeholder’s theory and the legitimacy theories concerning CSR reporting. They are all meant to ensure that organisations run in respect to social norms as well as rules and that the stakeholders are treated distinctly from the organisation itself. Besides, all stakeholders are to receive similar treatments within the organisation and that management is expected to run the organisation to the benefit of all stakeholders. However, it is not obvious that these reports effectively serve on this purposes and this informs the reason of this report. This paper intends to evaluate the effectiveness of these reports in serving the above purpose as against as just mere ‘vehicles’ adopted for public relations among trading organizations.

CSR from the Perspective of Accounting Theories

Positive theories are adopted with a motive of explaining or predicting the behaviors of corporate as against prescribing the manner in which such organizations ought to behave. The theories revolve around the common notion that the society and corporate have mutual influences where the society influences the corporate performance while the corporate equally influences on the society (Rodríguez and LeMaster, 2007, pp. 370-385). It implies that organisations are distinct constituents of the larger social systems within which we live in. analyzing economic issues as is done within the CSR brings on board the political theories because the social, political as well as institutional frameworks defines environment in which economic activities by corporations take place. This therefore revolves around integrative theories such as legitimacy theorem as well as stakeholder’s theorem. The legitimacy theorem constitutes the formal and informal constraints to which accounting procedures must adhere. The formal constraints comprise of legal frameworks, accounting standards as well as professionalism, which instigates mandatory disclosures. On the other hand, the informal legitimacy theorem represents self-imposed frameworks of behavior and conventions governing the societies within which organisations run. This is because organisations strive to operate within the predefined rules and regulation governing the societies within which they operate.

The foregoing theoretical frameworks dictate that organisations behaviors are influenced by such theories while undertaking accounting and reporting procedures. Account users who rely on accounting records value environmental information as basic in organisational management. However, a report from a study to investigate whether the Australian companies embrace reporting environment information objectively found a shocking revelation. According to the report, the last decade has found Australia increase environmental legislations majority of which requires that companies in trade to disclose environmental information in financial reporting. However, the disclosing of environmental information by the companies in Australia remains voluntary. Nevertheless, an UIG legislation in1995 is the only legislation that is known to have been specific in requiring some environmental information by trading organisations. This therefore implies that within such a framework, companies have the liberty of choosing which information on environment to disclose within the reports and as such, they are likely to reveal only the favorable information (Deegan and Rankin, 1996, pp. 50-51).

In the US, firms increasingly provide CSR report on voluntary basis though little of their inspiration is known. Mahoney and team undertook a study to understand the motivation through green washing and or signaling within corporate within the US. Concerning signaling, the report found out that many of the firms produce CSR reports to signal on their commitment to corporate social responsibility. This therefore reveals that many such companies as having great commitment to environmental as well as social records would be more willing to issues outs such reports of CSR. The green washing strategy is however used in disguise where firms intend to pose as good ‘citizens’ when they have or do not have such environmental records. The study found out that majority of such firms which issues the voluntary CSR records often have higher responsibility when analyzed about environment. They therefore adopt the mechanism of voluntary reporting in order to provide information to the corporate as well as the shareholders to such organisations (Mahoney et al, 2013, p. 350). This is however against the provisions of ethical theories, which supports fair and rightful treatment of all stakeholders. The ethical theories come into play within CSR reporting through upholding socially acceptable behavior while reporting to the stakeholders and the public.

Hooghiemstra (2000, p. 55) on the other hand evaluates the adoption of corporate social reporting as a toll that is being used by organisations for management of impressions. In his study as to why organisations adopt CSR, he adopts the analysis of legitimacy theory as is currently adopted and utilized by trading organisations. This therefore revolves around legitimacy theories, which requires corporations to exercise powers, granted rightfully. According to analyses of the theory, the organisations adopting the CSR are often influenced by public pressure through media especially as result of major incidences involving the social environment. For instance, he points out that many organisations would adopt the CSR for the purpose of altering negative perceptions by the public because of prior social incidences. The legendary oil spill ‘Exxon Valdez’ is sighted in this regard where many organisations would therefore embrace the CSR defensively(Lopez, 2009, para 1-4; ‘Environmental disasters’ 1998-2013, para 6).

Some firms, for management of corporate impressions, also adopt corporate reporting as found out by Merkl-Davies and Brennan. In an investigative study on the adoption of CSR for management of rationality of the managerial impression as adopted by trading organisations, the corporate reporting is revealed to be used for creation of public image. Impression management has been in use by many organisations with the intention of presenting themselves towards the public differently against what they actually are. Accounting researchers have been shown to adopt the impression management strategy in corporate reporting for reasons of distorting the readers’ perceptions on achievements of the organisations on environmental as well as social relations (Merkl-Davies and Brennan, 2011, pp. 415-416). Conflicts between the companies, the societies living around as well as law enforcement agencies are common scenes due to the malpractices by trading companies. Ethics require that these companies go beyond the confines of law as provided for within the structures of governance within a nation to stop such malpractices and in the process improve on social, human rights as well as environmental well being.

Besides, the individual organisation players in an industry has a social responsibility of ensuring that risk management as well as organisational learning are brought into attention, a fact that increasingly troubles many (Harjoto and Jo, 2011, p. 45-54). It is of great importance to have the companies involved in different capacities understand their role in management of the environment, which besides having the above discussed implications, has direct implication on social lives. Transnational activism as well as civil society organisations’ efforts has been greatly influential in shaping the corporate social responsibility of the firms through direct involvement and formulation of such principles as the Valdez principles. These principles have been effective in guiding policy makers in decision making regarding regulatory mechanism towards the unethical behavior exhibited by such companies (Utting and Ives, nd, p. 11-13). The implications here are that any company or such player within an industry must comply with some regulatory framework in order to function effectively and efficiently.

In yet another report on deceptive corporate reporting, impression management through corporate reporting has been shown to be adopted by organisations with a motive of manipulating shareholders as well as the public on matters of financial performance by an organisation as well as the environmental performance. This is line with wealth maximisation maxims as they guide corporate management as examples to instrumental theories. Discretionary accounting reporting has therefore the capacity to undermine the quality of reported financial records and hence have an overall impact of rendering such reports untrustworthy or unreliable. The deceptive nature of such information as reported by the organisations would result to unwarranted support by public or donors as a result of the wrong impressions created through the corporate reports developed. This therefore shows that corporate reporting forms a major attribute to accounting research and has great power in persuasion in impression creation (Brennan and Merkl-Davies, 2013, p. 110).

In conclusion therefore, the above discussion points to the proposition that the corporate reporting fails to effectively serve as reliable to be used for corporate analysis on environmental as well as the social reporting of an organisation. Through multi-dimensional analysis, different researches have been done to ascertain the reliability of the corporate social reports that majority of firms produce and found that many such reports fail to be authentic and are produced with a particular motive; often to paint a different picture to the public or shareholders concerning the organisation (Claydon, 2011, pp. 405-406). The image often forms the basis on which many such reports are prepared and hence the outcome of the reports is deception in regard to environmental performance of the organisation. It is however to be noted that not all organisations produce corporate reports with such motives and thus corporate social responsibility reports should be encouraged within trading organisations.

Bibliography

Brennan, N. M. and Merkl-Davies, D. M. 2013. “Accounting Narratives and Impression management”, In: Jackson, L., Davison, J., and Craig, R. (eds.), Routledge Companion to Communication in Accounting. Routledge, 109-132.

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