The impact of Directive on UK Law Essay Example | Topics and Well Written Essays - 1750 words

The impact of Directive on UK Law - Essay Example Van Duyn made it clear that this was also true of Directives. If Directives are binding then it is possible that they will be relied upon in national courts, but clearly each case will turn on its own facts. Therefore since Z works for a Council this can be construed as an emanation of the State (specifically Case 103/99 Costanzo [1989] ECR 1839) and it is submitted that prima facie he is able to rely on the government’s non implementation directly in a UK court or tribunal provided the Directive is unconditional and sufficiently precise. However this is not true for D. His employer is a private company and as seen in the following case, the Court of Justice does not allow the direct horizontal enforcement of Directives. In Case 152/84 Marshall v Southampton and South-West Hampshire Area Health Authority (Teaching) [1986] ECR 723 [1986] 1 CMLR 688 Helen Marshall sought to sue a health authority for retirement age discrimination under the Equal Treatment Directive 1976. Her employer dismissed her at 60 in line with her contract. National law exempted retirement matters from its scope -- it did not impose retirement age at 60 - - only that women became eligible for pension at 60. The Court of Justice held that there was no ‘horizontal effect’ to a Directive where a government had failed to implement a Directive. Helen Marshall could not sue the Health Authority in these circumstances. If the employer is not the State or an emanation of the State then the Court of Justice allows the national court to look at indirect effect.

Retail grocery industry in Australia Essay Example | Topics and Well Written Essays - 1000 words

Retail grocery industry in Australia - Essay Example There are a few publicly listed supermarket based chains, global operators and wholesaler managed chains that operate in the industry and offer grocery foods in varied retail formats. These assorted retailers contend with more than 30,000 specialty food offering businesses including shopfronts and multiple franchise based operators (Australian Government Department of Agriculture, 2013). The prime objective of this study is to analyse the retail grocery industry in Australia in keeping with micro and macro-economic factors. Market Structure–Production Sector Nature of Production Nature of production in any industry bears a major impact on the overall cost of the produced offerings owing to the fact that it entails crucial constituents such as value addition components, stock control and production operations. In terms of stages of production, it is determined that a number of goods pass through diverse stages of production. Mainly, there are three production stages categorised under primary, secondary and tertiary. Primary: This stage entails the extraction of different raw materials from the soil. In relation to grocery retail industry, the primary offerings include food as well as non-food items that are prepared from the scratch with the aid of procuring different raw materials (Bized, 2012). Secondary: This stage entails converting raw materials into other related offerings. With regard to grocery retail industry in Australia, the organisations focus on providing high quality processed products through the use of required materials (Bized, 2012). Tertiary: This particular stage involves services provided to the business and consumers. This phase is mainly identified as a part of service industry. The Australian grocery retail industry emphasizes efficient handling of variable costs arising from providing quality services by generating greater footfall in the stores by enhanced consumer footfall. It also focuses on ensuring economies of scale along wi th rendering in-store services (Bized, 2012; Australian Government Department of Agriculture, 2013). Factors Differentiating the Market Australian grocery retail market can be differentiated through three major factors that include price differentiation, product differentiation and market segmentation. The marketers operating in the grocery retail market in Australia aim to differentiate their offering by targeting high quality assorted products for their identified target markets. Price Differentiation: Price discrimination or differentiation is referred as the quality of an exporter to fix the price in terms of market scenario. This behaviour notifies the exporter to exchange the rate by changing the price of its products. In certain terms, it can be said that price discrimination is the theory of changing prices for different consumers. In Australian grocery retail market perspective, price discrimination plays a vital role. Price differentiation is essentially divided into three parts that include first-degree price discrimination, second-degree price discrimination and third-degree price discrimination. In Australian grocery retail market, the price discrimination is very much important for the strategies adopted by the suppliers

Mills Higher And Lower Pleasures Philosophy Essay

Mills Higher And Lower Pleasures Philosophy Essay Mill claims that pleasure, and freedom from pain, are the only things desirable as ends. (Mill, p. 187) A few paragraphs later, however, he says that it is better to be a human being dissatisfied than a pig satisfied; better to be Socrates dissatisfied than a fool satisfied. (p. 187) Is Mill contradicting himself, or are these two claims consistent? Mill is rather enhancing instead of contradicting his point of view of utilitarianism by the two claims stated above in the topic. There are two types of pleasures that he introduces here. Pleasure, and freedom from pain imply the lower pleasures which involved purely body sensations (Mill, p.187). On the other hand, being a human or Socrates dissatisfied indicates higher pleasures associated with moral sentiments (Mill, p.187). While an animal could be fully happy with a life of lower pleasures, a human being could not fully be happy unless attention was paid to these higher pleasures. In this paper, I firstly intend to provide an explanation of Mills distinction of higher and lower pleasures regarding these claims. Secondly, I shall introduce the method of calculating overall utility (Mill refers as the only thing desirable as ends) considering both quantities and qualities involving these claims (Mill, p.187). Thirdly, I will interpret how these two claims stated in the top consis tent. Last but not least, I shall reply some objections rose from the discussion. What does Mills distinction between higher and lower pleasures suggest? When Mill introduces the notion of higher pleasures he is clearly discussing, among other things, intellectual pursuits and activities as well as pleasures of aesthetics and sympathy. An adequately satisfying human life must thus contain pleasures of the intellect, of the feelings and imagination, and of the moral sentiments, which have a much higher value as pleasures than those of mere sensation (Mill, p186). Mill delineates how to differentiate between higher and lower quality pleasures: A pleasure is of higher quality if people would choose it over a different pleasure even if it is accompanied by discomfort, and if they would not trade it for a greater amount of the other pleasure (Mill, p.187). Moreover, Mill contends, it is an unquestionable fact that, given equal access to all kinds of pleasures, people will prefer those that appeal to their higher faculties. A person will not choose to become an animal; an educated person will not choose to become ignorant, and so on. Even though a person who uses higher faculties often suffers more in life, he would never choose a lower existence, preferring instead to maintain his dignity. Arguing that pleasures of the intellect are of a higher nature whereas sensual pleasures or the animal appetites are of a lower nature, Mill claims that it is better to be a Socrates dissatisfied than a fool satisfied (Mill, p.187). Mill also attributes the nobility of higher pleasures as accounting for their higher value and believes that competent judges have a sense of dignity which has them prefer intellectual pleasures over sensual ones (Mill, p.187). How do we judge and calculate the overall utility of an action? The Greatest Happiness Principle holds that actions are right in proportion as they tend to promote happiness, wrong as they tend to produce the reverse of happiness. By happiness is intended pleasure, and the absence of pain; by unhappiness, pain, and the privation of pleasure. (Mill, p.187) Pleasure and the absence of pain are, by this account, the only things desirable as ends in themselves, the only things inherently good. Thus, any other circumstance, event, or experience is desirable only insofar as it is a source for such pleasure; actions are good when they lead to a higher level of general happiness, and bad when they decrease that level. While Mill also argues that pleasure can differ in quality, and that pleasures that are rooted in ones higher faculties should be weighted more heavily than baser pleasures. Mill placed great importance in the type of pleasure one experiences. Once people are made aware of thei r higher faculties, they will never be happy to leave them uncultivated. When making a moral judgment on an action, utilitarianism thus takes into account the quality of the pleasures resulting from it. In addition, according to utilitarianism, it is not moral for people just simply to pursue what makes them personally happy. Rather, morality is dictated by the greatest happiness principle; moral action is that which increases the total amount of utility in the world. In other words, quantity also matters. Every human being tries to promote his or her own happiness, and avoid unhappiness. This is natural, not ethical. Promoting happiness becomes an ethical theory when it is applied to all human beings, not just ourselves. Mills utilitarian calculus thus figures out how many people are affected by an action, how they are affected, and therefore whether the action is right or wrong. Thus, the Greatest Happiness Principle tells us that an action is right in so far as it promotes happin ess in all people affected by that action, and wrong in so far as it brings unhappiness to the people affected by that action. In this particular case regarding the claims stated in the topic, it basically proposed the following experiment: one is a soul about to be allocated a life. He is offered either the choice of a great philosopher or that of a pig. The philosopher has a long, prolific career involving great success and enjoyment but the pig can only experience the most primitive sensual experiences possible. Should one choose the apparently insatiable yet intellectually active life of a philosopher or the voluptuous life of an ancient pig (Mill, p.187)?  In accordance with Mills utilitarianism, the choice to opt for would be that of the philosopher. Although the pigs life consists of far greater quantities of sensual pleasure, no amount of this lower pleasure, however prodigious, could compensate for ones existence devoid of inherent higher faculties and the ability to experience higher pleasures. Therefore, the total happiness one derives during their lifetime is not directly proportional to pleasu re. When one considers the maximum possible happiness they can derive from their existence, elements other than pleasure quantity must be considered.   Also, being a human being rather than a pig and being a philosopher rather than a fool brings more utility to the society, more people can benefit from these choices. Thus, quantities matter here as well. These choices are promoting more happiness, thus should be adopted. Some objections may rise from the above discussions. Some people may say that some higher pleasures are accompanied by discomfort, why people would choose it over the lower pleasures, would it bring less happiness? This objection here confuses the happiness with contentment. People who employ higher faculties are often less content, because they have a deeper sense of the limitations of the world. However, their pleasure is of a higher character than that of an animal or a base human. That is why Mill writes, It is better to be a human being dissatisfied than a pig satisfied; better to be Socrates dissatisfied than a fool satisfied (Mill. P.187). Thus the people best qualified to judge a pleasures quality are people who have experienced both the higher and the lower. There are different qualities of pleasure, and only people with a broad range of experiences can dictate which pleasures are of a higher quality. Furthermore, Mill observes that even if the possession of a noble characte r brought less happiness to the individual, society would still benefit. Thus, because the greatest happiness principle considers the total amount of happiness, a noble character, even if it is less desirable for the individual, is still desirable by a utilitarian standard. From all the reasons stated above, Mill does not contradict himself with the two statements made in the topic. While an animal could be fully happy with a life of lower pleasures, a human being could not fully be happy unless attention was paid to these higher pleasures. Purely sensation pleasures are good; however, higher sentiment pleasures are more profound as they promote more happiness both qualitatively and quantitatively.

How to Become a Good Communicator

How to become a good communicator? I want to start my topic with the quotation of Antoine de Saint-Exupery: â€Å"There’s only one true luxury, and that is the luxury of human relations†. I think lots of people would agree with this statement because human relations are one of the most important things in our lives. Relations are communication – communication in a family, communication with friends, communication at work and so on. I want to emphasize on communication at work because communication in an organization is one of the hardest nuts to crack in business today. Communication has an enormous influence on business, it comes up in every company, every department. The repercussions of not communicating are vast. And it’s clear that face-to-face communication is far more important than any others. It can’t be beaten. That’s why it’s necessary to be a good communicator. Good communicators have always been a valuable asset for any business. When speaking, they are good at giving information. They don’t confuse their listener; they make their points clearly and try to avoid technical terms, abbreviations or jargon. Furthermore, although they may digress and leave the main point, they will not ramble and lose sight of their main message. Good communicators also really listen to people and take in what is said. So, to sum up, I’d like to mention that really effective communicators, who have the ability to engage with colleagues, employees, customers and suppliers, are highly appreciated in business nowadays. In conclusion I’d like to say that good communication is trust to each other and the quotation of Fransua de Laroshfuko proves it: â€Å"Trust helps the conversation much more than intellect†.

Oryx & crake study notes

Snowman living conditions are as follows he sleeps on a metal cot with mattress, he is homeless, and he drinks water with twigs and dirt in it from a runoff. 2. Snow man revises some of his thoughts in the chapter the voice because he misses human to human contact and he keeps hearing different woman voices in his head. 3. Snowman Is like the abominable snowman because he is mysterious, alone, and thinks he is an urban legend. 4. Can't find words ;you did this;. 5.Animals were being burned in the bond fire witnessed by young Jimmy, they were being burned because of the disease. 6. The confrontations are important between Jimmy parents in the bond fire chapter because it got Jimmy out of trouble for burning his hair. 7. The goal of the pigeon prove that at organic farms was to grow extra organs so they will have spares when the need them. 8. Ramona is one of Jimmy dad's coworkers what Jimmy notices about her is that she is much younger than Jimmy's father and that she inquired about J immy's mother although. The planeloads are the cities. The compounds are much different from the cities they are protected, don't have diseases in them, and have a lot more security. 10. I think Jimmy's mother means that she thinks she Is infected but not by the same virus but something that isn't contagious or dangerous and it affects her own mental ability.

Identifing the North American Gums

The tupelos, or sometimes called pepperidge tree, are members of a small genus called Nyssa. There are only about 9 to 11 species worldwide. They are known to grow in mainland China and eastern Tibet and North America. The North American tupelo has alternate, simple leaves and the fruit is a single drupe containing seed. These seed capsules float and are distributed over major wetland areas where the tree regenerates. Water tupelo is especially adept at seed dispersal along waterways. Most, especially water tupelo, are highly tolerant of wet soils and flooding, some needing to grow in such environments to ensure future regeneration. Only two important species are native to eastern North America and none live naturally in the Western states. Black Tupelo or Nyssa sylvatica is the most common true gum in North America and grows from Canada to Texas. Another common tree that is called a gum is sweetgum and is actually an entirely different tree species classification called Liquidambar. The fruit and leaves of sweetgum look nothing like these true gums. Water tupelo or Nyssa aquatica is a wetland tree living mostly along the coastal plain from Texas to Virginia. Water tupelos range reaches far up the Mississippi River to southern Illinois. It is most often found in swamps and near perennial wet areas and a companion tree to baldcypress. Tupelos are highly valued honey plants in the Southeastern and Gulf Coast states, producing a very light, mild-tasting honey. In northern Florida, beekeepers keep beehives along the river swamps on platforms or floats during tupelo bloom to produce certified tupelo honey, which commands a high price on the market because of its flavor. Interesting Facts About Gums Black gum can be a slow grower but does best on moist, acid soils. Still, its persistence in cultivation can make for one of the most beautiful fall red leaf colors. Purchase a proven cultivar for the best results including Sheffield Park, Autumn Cascade and Bernheim Select. The water tupelo is also called cotton gum for its cottony new growth. It is just as hearty on wetland as baldcypress and ranked as one of the most flood-tolerant tree species in North America. This gum can become huge and sometimes exceed 100 feet in height. The tree can, like baldcypress, grow a grand basal trunk buttress. One species that I have not listed here is the Ogeechee gum that grows in parts of South Carolina, Georgia, and Florida. It is of little commercial value and has a limited range. The Gum Tree List Black Tupelo GumWater Tupelo Leaves: alternate, simple, not toothed.Bark: deeply furrowed.Fruit: elliptical berry.

The Harlem Renaissance Is Embraced As One Of The Most...

The Harlem Renaissance is embraced as one of the most influential artistic movements within African American culture. This period embraced black art, poetry, fiction, drama, and visual art. Visual art was vital to the movement, as many artists sought for representation of black individuals as the art realm was grossly dominated by white artists, who gave very little thought or recognition towards black subject matter. The visual art renaissance featured Aaron Douglas, Palmer C. Hayden, Archibald J. Motley, and Hale Woodruff. Each one of these art forms contributed greatly to black Americans across the land, as the intellect and talent encouraged a cultural awakening within the people. After the Great Depression, the decline in the Harlem†¦show more content†¦Shortly after the Reconstruction Era, disenfranchisement tactics and Jim Crow laws encouraged enormous amounts of the African American community to seek a better life in the North, as the South was enraptured by hate cri mes and low probability of economic advancement. During this time, roughly 750,000 African Americans left the rural South to take advantage of the economic prosperity encouraged by mass industrialization in the North. The Harlem neighborhood of Manhattan, New York gained nearly 175,000 African Americans, evolving this neighborhood into the largest concentration of black people globally. The Harlem Renaissance’s first stage occurred during the 1920’s with a premier of Three Plays for a Negro Theatre, written by Ridgely Torrence. These plays featured African-American actors who illustrated complex human emotions and desires, while rejecting the stereotypes and degrading effs of blackface and minstrel-shows. The premiere of these plays were deemed â€Å"the most important single event in the entire history of the Negro in the American Theater† by James Weldon Johnson, as it illuminated the black community for its artistic talents, rather than making a mockery of the group itself. Other dimensions of African-American art premiered , as in 1919 Claude McKay published sonnet â€Å"If We Must Die†, a revolutionary poem which described the social and political concerns of an African-American male during the times of race riots andShow MoreRelatedThe Poetry Of Langston Hughes1001 Words   |  5 Pageseloquently formulate their thoughts. Langsto n Hughes was no exception. 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