Olivio Assignment Business Law Essay Example for Free

Olivio Assignment Business Law Essay After reading the above and based on the definition of larceny in the text, is if fair to convict a person for larceny if he did not leave the premises without paying for the property in his possession? Does intent to deprive have anything to do with the outcome of a case of larceny? What do you think? Also, should the penalty for larceny vary, depending on where the individual is caught or the dollar value of the good taken? Explain According to NYS penal law (155. 05), â€Å"A person steals property and commits larceny when, with intent to deprive another of property or to appropriate the same to himself or to a third person, he wrongfully takes, obtains or withholds such property from an owner thereof†. So I believe it is fair to convict a person for larceny even if he or she did not actually leave the premises without paying for the property in his or her possession. In the case of Olivio, the story clearly stated that he stopped to look around several times, which confirms that his motive was indeed to steal the merchandise- the story also stated that he ran right past the cash registers in order to make an exit with the merchandise which further confirms that he intended to take the merchandise without paying. Which shows intent to deprive.. I believe the penalty for larceny should vary depending on the dollar value of the merchandise that was taken- I however do not think that the penalty should vary according to where the individual is caught. Where the individual is caught is irrelevant- what matters is retrieving the merchandise and or property that was stolen and punishing the person who stole it.

Responses to Genocide: Political and Humanitarian Strategies

Responses to Genocide: Political and Humanitarian Strategies Political expediency and humanitarian imperatives in response to genocide   This dissertation examines the humanitarian crisis in the Sudanese region of Darfur during 2003-2004, a situation that has continued through to 2005. Recent reports from the World Food Programme estimate that the violence carried out by the tacitly government-supported militias against the non-Arab civilian population in the region has left 3.5 million people hungry, 2.5 million displaced by the violence and 400, 000 dead.   The Darfur crisis has been a humanitarian disaster unseen since the 1994 genocide in Rwanda. It has been a situation that ultimately foreign governments and international organisations have been unable to ignore. Chapter two examines firstly the theoretical questions behind humanitarian intervention. The realist theory of international affairsis at the heart of the debate – realism suggests that states should puttheir own security and self interest before any moral obligation to intervene. Set in the context of Darfur, there was nothing within the individual national interest of other individual states to intervene, yet at some point in the crisis the common assumption moved towards afeeling that intervention on the basis of humanity was required.   The Rwandan genocide of 1994 and the international response at the time isused as an example of realism dictating the initial response of theinternational community, only to be overtaken by a more moral based response once the sheer scale of the crisis and human rights abuses became apparent. Chapter three looks at events in Darfur in detail, from the beginnings of the crisis to the current situation. Using media sourcesas well as reports from organisation such as the UN and Human Rights Watch, this chapter summarises the main events of the crisis, with examples of the indiscriminate violence used by the government-backed Janjaweed militias against the civilian population in Darfur. The response of the Sudanese government along with the steps it took to prevent humanitarian intervention are describes, as are the actions, or in many cases, the inaction of sections of the international community.  Ã‚   The actions of the Sudanese Government would appear to be driven by the state centric realism that Webber and Smith term â€Å"acentral driving force for human motivation, namely a quest for power† Chapter Four attempts to analyse events in Darfur against the theoretical frameworks detailed in chapter two. Realist assumptions continue to carry a certain weight in international politics, but there are examples of some more ethical policy making within the international community. The roles of the Sudanese Government, the UN, the US and other Western nations are looked at against theoretical positions. Chapter Five offers some conclusions on the internationalresponse to Darfur. At the heart of any analysis of the international response to thecrisis in Darfur lies the question why should anyone care about Darfur.Whilst theories supporting just wars and humanitarian intervention fromthe likes of Kaldor and Walzer argue that there is a basic humanmorality that requires states that are able to intervene to stop thesuffering of oppressed people, a realist perspective, one thatrepresented the initial international response to Darfur, is that thekey value of national interest is independence and security.   It is aquestion that has been at the crux of international relations forcenturies – intervention in the affairs of another sovereign state isan issue that has generated much debate. State sovereignty has long been a fundamental pillar of internationalsociety and non-intervention has ensured that individual states canmaintain their political independence and territorial integrity.International organisations have generally supported this principlewith, for example, Resolution 2131 of the UN General Assembly in 1965stating: â€Å"No state has the right to intervene, directly or indirectly in theinternal or external affairs of any other state. Consequently, armedintervention and all other forms of interference or attempted threatsagainst the personality of the State or against its political,economic, or cultural elements are condemned†. Regional organisationshave taken a similar stance – the Organisation of American Statestotally prohibits direct or indirect intervention in the affairs ofanother state. A wide range of political theory also supports the viewthat sovereignty is all-important and one state should not interfere inthe affairs of another. Nonetheless, international affairs since the establishment of thenation-state have seen intervention by states in the affairs of otherfor a number of reasons. The earliest interventions were for economicand strategic reasons and to secure territorial security – nineteenthcentury European interventions in Africa and Asia to establish coloniesserve as an example of this. In the early twentieth century the USbegan to utilise a different type of intervention, intervening in theaffairs of Central American states such as Nicaragua to encouragedomestic political order, reduce economic corruption and reinforce itsown influence in the region. Such action drew the attention of realistcritics who have influence US foreign policy thinking more recently.Realists have alleged that the adherence to moral principles and thefailure in the past to understand the â€Å"power essence† of interstaterelations has led to unwise and unsuccessful policies , for example tofailed humanitarian int ervention in Somalia. Certainly, the memories ofSomalia will have effected thinking on a political and humanitarianresponse to Darfur. The Cold War saw intervention across the globe by the two superpowerseither to enhance their own strategic security or to advanceideological goals, for example the USSR moving to strengthen communismin Czechoslovakia in 1968 or the US challenging anti-democratic forcesin Grenada in 1983. It is however, humanitarian intervention that is most relevant to thesituation in Darfur, an type of intervention that according to JackDonnelly is foreign intervention that seeks â€Å"to remedy mass andflagrant violations of the basic rights of foreign nationals by theirgovernment†Ã‚  Ã‚   The failure of states and subsequent abuses of humanrights in the latter stages of the twentieth century have presentedother governments with numerous scenarios where they have to makedecisions as to whether military intervention for humanitarian reasonsis justified. It is a complex issue that poses a number of legal andmoral issues. Amstutz argues that humanitarian intervention presents a legalchallenge to the accepted systems of state sovereignty along with amoral challenge to the right of self-determination. Whilst the demandfor order, justice, stability and human rights may override theseconcerns, politicians are also faced with the decision as to whether,how and when their country should instigate humanitarian intervention.Such interventions can generally be justified if two criteria are met:firstly that humanitarian intervention be in the interests of theintervening state, i.e. that it perceives the human rights abuses inthe foreign state as a general threat to the order, legitimacy andmorality of global society, or as a particular threat to its owneconomic prosperity; secondly that the intervention must be in theinterests of the civilian population of the intervened state and thatthe legal and moral issues around military intervention can bejustified by the overall good that is accomplished. NATO intervent ionin Bosnia can be seen as an example of a situation that met the formercriteria, the situationsin both Rwanda and Darfur would appear to meetthe latter. Michael Walzer who has written extensively on just war theory andintervention argues that humanitarian intervention should be seen asdifferent from instigating a military conflict. As well as the legalistargument against intervention in the affairs of another state, there isalso the difficulty of intervention in a country that has not committedaggression against another state – there is a danger that interveningstates can be seen as portraying the message treat your people the waywe believe you should or be subject to the threat of armed punishment.Walzer nonetheless believes that even if intervention threatens theterritory and political independence of another state, there are timeswhen it can be justified. The onus of proof of justification howeverlies with the leader of the state that intervenes and this can be aheavy burden, â€Å"not only because of the coercions and ravages thatmilitary intervention brings, but also because it is thought that thecitizens of a sovereign state have a right, insofar as they are to becoerced and ravaged at all, to suffer only at one another’s hands†. Arguments that states should, regardless of how they are governed,should be left to deal with own affairs and influenced by the thoughtsof John Stuart Mill who argued from a utilitarian viewpoint stronglyfor the right of a single political community to determine its ownaffairs – whether or not its political arrangements are free is not anissue for other states – members of any political society mustcultivate their own freedom in the way that individuals must cultivatetheir own virtue, self-help rather than intervention from an externalforce must be the way towards a just society. Such arguments do notstand up when applied to some of the systematic and well-documentedhuman rights abuses of the twentieth century – foreign governments makedecisions based on a realist perspective not to intervene, butnon-intervention based on the idea of self-determination is to avoidthe issue and hide behind outdated ideas. There is a point at whichrealism has to be put aside and so me form of moral stance must betaken. For Walzer, there are three situations in which theinternational resistance to boundary crossings can be ignored: 1.  when a particular set of boundaries clearly contains two or morepolitical communities, one of which is already engaged in a large-scalemilitary struggle for independence; that is, when what is at issue issecession or ‘national liberation’ 2.  when the boundaries have already been crossed by the armies of aforeign power, even if the crossing has been called for by one of theparties in a civil war, that is, when what is at issue iscounter-intervention; and 3.  when the violation of human rights within a set of boundaries is soterrible that it makes talk of community or self-determination or‘arduous struggle’ seem cynical or irrelevant, that is, in cases onenslavement or massacre His criteria present a realistic scope for intervention. For all theideas of ethical foreign policies there has to be some realism ininternational relations in that states cannot simply intervene in everydispute between neighbours or outbreaks of political unrest in otherstates. Walzer’s criteria, particular his third, limit interventionwhen serious abuses of human rights appear to be taking place. At thispoint, political expediency and national self-interest should be putaside. Ultimately, Walzer’s thinking lead him towards an ethical theory ofpeace on the basis of sovereignty and other widely accepted states’rights. His values form the basis of a legalist paradigm, which providethe moral and legal structure for maintaining international peace. Hislegal paradigm also outlines the criteria for use of force tointervene. Its six key principles are: 1.  An international society of independent states exists; 2.  The states comprising the international society have rights,including the rights of territorial integrity and political sovereignty; 3.  The use of force or threat of force by one state against another constitutes aggression and is a criminal act; 4.  Aggression justifies two types of action: a war of self-defence bythe victim and a war of law enforcement by the victim and any othermembers of the international society; 5.  Nothing but aggression justifies war 6.  After the aggressor state has been militarily repulsed, it can be punished. Irrespective of the situation in a particular state and the legal ormoral issues around any form of intervention, the realist view ofinternational affairs can lead statesmen to decide againstintervention. Realists from Thucydides, Hobbes and Machiavelli throughto the likes of Kissinger and Waltz remain strictly sceptical aboutmoral concepts within international relations and assume that statesgoing to war or engaging in any form of intervention are more motivatedby power and their own national security than any moral issues. Thephrase â€Å"all’s fair in love and war† is often applied to the realistperspective with Walzer writing â€Å"referring specifically to war,realists believe that it is an intractable part of an anarchical worldsystem, that it ought to be resorted to only if it makes sense in termsof national self-interest†Ã‚   – in effect there are no moralconsideration in regard to military intervention, the human rightsabuses occurring in another state are of little importance to realists,intervention will only be considered if it is considered to beeconomically or strategically of value to the intervening state or itsleaders. This value can be political on occasions. There is littledoubt of the power of modern media to put pressure on politicians. TheUS intervention in Somalia and NATO action in Bosnia were to someextent related to public pressure on politicians to do something aboutscenes being broadcast into the homes of the electorate. Thinking on humanitarian intervention has had to adapt more recently tothe new type of wars that have proliferated across the globe since theend of the Cold War, for example the conflicts in the former Yugoslaviadriven by ancient ethnic hatreds. Certainly with the demise of thestand off between two military superpowers there has been greater scopefor the UN and individual states to become involved in conflictresolution and throughout the 1990s the UN has found itself constantlyinvolved in providing humanitarian aid, establishing safe havens,disarmament and demobilisation operations, monitoring and maintainingceasefires. New wars have involved a blurring of the distinction between war(usually defined as violence between states or organised politicalgroups), organised crime (violence undertaken by privately organisedgroups for private purposes, usually financial gain) and large-scaleviolations of human rights (violence undertaken by states orpolitically organised groups against individual).   Some of the ethnichatred that has fuelled new wars has in particular led to terriblehuman rights abuses; events that put moral pressure on others states toconsider intervention. Mary Kaldor suggests that there are two types ofresponse to new wars – one is to draw on the old war idea of the nationstate and look for solutions along the lines of intervention and peacekeeping whilst the other response is a more negative and fatalisticoutlook: â€Å"because the wars cannot be understood in traditional terms,they are thought to represent a reversion to primitivism or anarchy andthe most that can be done there fore is to ameliorate the symptoms. Inother words, wars are treated as natural disasters.† Kaldor’s view rightly challenge the realist assumption that statesshould not involve themselves in humanitarian intervention unless thereis some advantage to be gained in a self-interested pursuit of power.What is required is a more political response to new wars and theattacks on human rights that accompany them. The internationalcommunity should be looking towards politics of inclusion that capturethe hearts and minds of protagonists and any such politicalmobilisation should override traditional geopolitics or short termdomestic concerns. This type of thinking moves closer to a type ofneo-realism which places more of an emphasis on the structural featuresof the international system and avoids the stress on the often anarchicstriving for power that reflects traditional realism.   The drawback tothe neo realist approach is that its reliance on the determining impactof the structure of the international system allow policy makersrelatively little discretion. This can be seen to some extent in Darfuras representative from various states struggled to find a solution tothe crisis that met with consensus. There have of course been embarrassments for individual states andinternational organisations with attempts at humanitarian interventionin the 1990s, setbacks that will give weight to realist theory thatsovereign states should on the whole be left well alone. Kaldorconcludes that humanitarian intervention has had mixed success: â€Å"at best, people have been fed and fragile ceasefires have beenagreed†¦.at worst the UN has been shamed and humiliated, as, forexample, when it failed to prevent genocide in Rwanda, when theso-called safe haven of Srebrenica was overrun by Bosnian Serbs, orwhen the hunt for the Somali warlord Aideed ended in a mixture of farceand tragedy†. Nonetheless, the arguments for humanitarian intervention remain strong.Darfur is as good an example as any for this. As Orend writes â€Å"whyshould foreign states, which themselves respect human rights, be barredin principle from intervening in such illegitimate regimes?†Ã‚   Rwanda in particular serves as an example of both foreign states andinternational organisations initially taking a realist stance only toeventually to be spurred into action by the sheer scale of the genocidetaking place. In France’s case, the links between the powerful elitesin the two countries had long been established – not only had Francelong supported the Hutu regime but Francois Mitterand and RwandanPresident Habyarimana were personal friends, whilst their sons, JeanChristopher and Jean-Pierre were also friends and business associates.The two countries had mutual economic interests and there is evidencethat Jean Christopher was one of France’s biggest arms dealers to Rwanda. The French response to the developing crisis, when it came, was farfrom glorious. Rather than intervene to provide further killings itdecided to pull out its troops. In the previous week, the first of thegenocide they had evacuated as many as 1361 people including 450 Frenchnationals and 178 Rwandan officials and their families. No otherRwandan nationals were evacuated, not even Tutsi personnel from theFrench embassy or well-known opponents of the regime who had alreadybeen targeted by the militia.   The role of the United Nations mission (UNAMIR) has receivedconsiderable criticism in analyses of the genocide. The UN had its owninternal politics to contend with and its policies on Rwanda were inturn determined to some extent by realist self-interest. As anorganisation it was largely reliant on the support of its most powerfulmembers on the Security Council. These nations, mindful of thedisastrous US intervention in Somalia were wary of investing troops andfinances into another African conflict. Realism came to the forefrontof the early decision making process. Human Rights Watch, in additionto criticism of the UN for not taking heed of Dallaire’s warnings, isalso critical of the scale of the mandate itself.   It describes thedetails of the mandate as follows: â€Å"Not only was the UN slow, it was also stingy. The United States, whichwas assessed 31 per cent of UN peacekeeping costs, had suffered fromthe enormous 370 per cent increase in peacekeeping expenses from 1992to 1993 and was in the process of reviewing its policy on such operations. Quite simply the UN was not equipped to keep the peace in Rwanda.Members on its influential Security Council did not have the politicalwill to get involved, nor were they willing to take on the financialburden. The US and the UK, although less involved in Rwanda thanFrance, were similarly guilty of happily ignoring warnings of possiblegenocide and working towards the maintenance of the status quo. Bothhad sold arms to the Hutu regime and had trading links with Rwanda.Both also had little desire to see their own troops caught up as partof an UN force in Rwanda. The theory of non-intervention, as opposed torealism is another view that opposes humanitarian intervention. The keyassumptions and values for this concept are †¢Ã‚  the existing anarchic international system is morally legitimate †¢Ã‚  peoples have a right to political self-determination †¢Ã‚  states have a juridical right to sovereignty and territorial integrity †¢Ã‚  states have an obligation to resolve conflicts peacefully †¢Ã‚  force is a illegitimate instrument for altering the existing territorial boundaries Non –intervention theory argues in favour of an internationallegitimacy of states in which existing states are entitled to autonomyand domestic legitimacy which assumes that states are entitled torespect and support when they fulfil their core obligations as states.In terms of domestic legitimacy, in the light of the fact that thereare wide disparities in conceptions of human rights, this canessentially be interpreted that whether a state is entitled tonon-intervention depends largely on its subject’s approval of theregime itself. The counter-arguments of realism and moral intervention continue toplay a major role in international politics and are likely to continueto do so. It is a sad fact that the list of oppressive governments andmassacred populations is lengthy. Walzer points out that for every Naziholocaust or Rwanda there will be a number of smaller examples ofinjustice and abuse – so many that the international community cannothope to deal with. On a small scale at least, Walzer’s suggestion thatâ€Å"states don’t send their soldiers into other states, it seems, only tosave lives. The lives of foreigners don’t weigh that heavily in thescales of domestic decision-making†Ã‚   rings true – humanitarianintervention in smaller-scale situations is simply not realistic. Agreater test for the moral resolve of NGOs and wealthier nations istheir response in the face of large-scale humanitarian disasters andhuman rights abuses, again using Walzer’s words, when deal ing with actsâ€Å"that shock the moral conscience of mankind†. Ethical questions around the issues of international moral obligationstowards nations suffering from oppressive regimes and human rightsabuses are not easily resolved. Whilst humanitarian aid or interventionis generally seen as a morally correct route of action, politicalexpediency quite often takes precedence. Whilst it is generallyaccepted that, as Grotius believed, war ought not to be undertakenexcept for the enforcement of right and   when once undertaken it shouldbe carried on   within the bounds of law and good faith,  Ã‚   national selfinterest does not always allow for a strategy led by such moralincentives. In Darfur, the action of the Khartoum Government couldcertainly not be described as driven by moral incentives whilstelsewhere early responses to the crisis were driven by politicalexpediency   Major states have to ask themselves which moral valuesshould influence their foreign policies and which international valueis more important – sovereignty or human r ights? The answer should behuman rights, yet there is a fine line between using these values froma moral perspective or manipulating them into a realist opportunity toindulge the national interest with intervention elsewhere. There areother difficult questions – do human rights violations justify foreignintervention and at what scale?   Does international political moralityrequire the removal of illegal military regimes and the restoration ofdemocracy?   There are countless regimes around the world to which theworld might turn its attention and ask itself these questions. For themost part, small conflicts and small-scale abuse of human rights are,rightly or wrongly, ignored. The situation in Darfur from 2003 onwardshowever gave the international community a scenario that it could notignore. The world had to make decisions upon hundreds of thousands oflives would rest. Chapter Three – The crisis in Darfur The current situation in Darfur can be traced back to February 2003when fighters from the Sudanese Liberation Movement (SLM) and theJustice and Equality Movement (JEM) launched joints attacks againstgovernment garrisons in protest at what they saw as decades ofpolitical oppression and economic neglect by the Sudanese government.The attacks came at the same time that there had been high hopes of apeace settlement to the war in southern Sudan that had been ongoingbetween the government and the Sudan People’s Liberation Movement/Army(SPLM/A) since independence in 1965. The government’s response was unequivocal. Citing the rebels as anaggressive force against the state it set out to crush the rebellion byforce and utilised the powerful force of Arab Janjaweed militias toattack not particularly rebel soldiers but the civilian populationsfrom where the rebels would have originated.   The government expectedto crush the revolt, partly as it had done so in 1991 when a SPLA unitinfiltrated Darfur, and partly as it expected a lack on internationalinterest as Darfur was an internal Northern Sudanese issue with noChristian population and no oil interests involved. Khartoum –ledmilitary activity in late 2003 to early 2004 was brutal (â€Å"acounter-insurgency of extraordinary ferocity†)   and carried out whilstthe government prevented any humanitarian aid reaching the civilianpopulation. It was an action led by political expediency withabsolutely no regard for the human rights of an innocent civilianpopulation. Hugo Slim describes th e military action as completelydisproportionate to the targeted guerrilla warfare of the two Darfurinsurgent groups and states that â€Å"systematic and widespread governmentand Janjaweed assaults on civilians, their villages, theirinfrastructure and their livelihoods along with forced displacement andland-grabbing, intended to make it impossible for the terrorised andevicted populations to return. As this went on, the Government alsoenforced what was almost a complete ban on humanitarian aid accessingthe country between October 2003 and February 2004. Early talks on the crisis saw the Khartoum Government deliberatelystonewall on major issues. It objected to upgrading the small AUobserver force from 300 to 3500,with an increase in its mandate toinclude protecting civilians, and was then forced to accept thismeasure by the UN Security Council. It was a realist approach – lookingsolely after its own interests and using delay in an internationalresponse to move along with its aim to displace the population ofDrafur. Government and Janjaweed Cooperation There is little realdoubt that the government has worked closely with the Janjaweedmilitias. Human Rights Watch (HRW) investigations concluded thatgovernment forces and militia troops have taken part in massacres andsummary executions of civilians, burnings of towns and villages andforcible depopulation of areas across Darfur. †We are the government†has been a common response of Janjaweed at checkpoints and whenentering villages and HRW reports that â€Å"the government and itsJanjaweed allies have killed thousands of Fur, Masalit and Zaghawa –often in cold blood, raped women and destroyed villages, food stocksand other supplies essential to the civilian population.†. In the early stages of the conflict, the Sudanese government barelyattempted to conceal its close working with the Janjaweed. Mans writesthat â€Å"the Janjaweed militias are said to be of largely Chadian originand finance themselves through plunder and pillage, reportedly enjoyingimplicit support from the Government in Khartoum.† But this isunderstating the relationship between the two. In April 2004, theSudanese Foreign Minister, Mustafa Osman Ismail, admitted a commoncause with the Janjaweed stating â€Å"the government may have turned ablind eye to the militias†¦This is true. Because these militia aretargeting the rebellion.†Ã‚   President Bashir also had spoken on 31December 2003 of the government’s determination to defeat the SLArebellions and warned darkly that â€Å"the horsemen† would be one of theweapons it would use. There is other clear evidence of well established links between thegovernment and Janjaweed leaders. Many of the militia leaders areestablished emirs or omdas from Arab tribes who have previously workedin government. For example, Abdullah abu Shineibat, an emir of the BeniHalba tribe is a Janjaweed leader in the Habila-Murnei area, whilstOmar Saef, an omda of the Awlad Zeid tribe is leader of the Janjaweedfrom Geineina to Misterei. Other evidence pointed to a similarconclusion of complicity between government and militia: Janjaweedbrigades were organised along army lines with forces wearing similaruniforms and officers using the same stripes; militia forces used thesame land cruisers and satellite phones as army personnel and there isevidence that Janjaweed members were given assurances that they wouldnot face local prosecution for crimes, with police forces beinginstructed to leave them alone.   Again, the prevailing issue here ispolitical expediency overcoming any possible humani tarian response.Both the Government and Janjaweed had interests in devastating Darfur –there was political gain for the Government and financial gain for theJanjaweed. Both took the realist option of looking after themselves. Government and Militia forces attack civilians One of the mostnotable traits of the crisis in Darfur has been the fact that bothgovernment and militia forces have largely ignored rebel forces,preferring to use their weapons against the civilian population inareas that rebels may have originated from. HRW investigationsuncovered 14 incidents in Dar Masalit alone between September 2003 andFebruary 2004 in which 770 civilians were killed. It also gatheredwitness testimony to mass executions in the Fur areas of Wadi Salihprovince over the same period.   Aerial bombardment of civilians has also been commonplace. The SudaneseGovernment has made extensive use of attack aircraft, dropping bombsloaded with metal shards to cause maximum injury and also utilisinghelicopter gun ships and MiG jet fighters. Bombing has also beendeliberately targeted at villages and towns where displaced citizenshave gathered – for example on August 27 2003, aircraft carried out anattack on the town of Habila which was packed with displaced civiliansfrom surrounding areas. 24 were killed. Government and Janjaweed forces have also systematically attacked anddestroyed villages, food stocks, water sources and other essentialitems essential for the survival of villages in West Darfur. Refugeesin Chad have confirmed a sweep south east of Geneeina in February 2004saw the destruction of a number of villages including Nouri, Chakoke,Urbe, Jabun and Jedida. The International Response The international response to the situation in Darfur has been mixed,characterised by a willingness to condemn the Sudanese Governmentalongside a dragging of heels in actually intervening to stop what theUS Government has labelled genocide. Alex De Waal suggests thatpolitical repercussions for the Sudanese Government were gravewriting:   â€Å"International attention and condemnation exceeded allexpectations, culminating in Darfur being brought before the UnitedNations Security Council in July 2004† This analysis however fails tomention the scale of the crisis in the preceding months and suggests amore positive and effective response by the international communitythan was actually the case.. The international community may eventuallyhave come around to taking Darfur seriously – but much later than wasrequired. As Hugo Slim concludes: â€Å"the international community has notdenied, but it has delayed and dithered. Once engaged it fumbled andtook far too long to achie ve a united and sufficiently assertiveresponse.†Ã‚   There was a notable reluctance from the UN in particular to use theword genocide in relation to Darfur, a similar pattern to that had beenfollowed in Rwanda a decade earlier. It was in fact US Secretary ofState Powell that announced on September 9th 2004 that the USgo

Finite Element Analysis And Analytical Method

Finite Element Analysis And Analytical Method Stone columns are widely used as a ground improvement technique especially in construction of shallow foundations. The main concern in the application of stone columns rely on how well it performs, which involves reducing the overall settlement of the stone column. This project mainly investigates the comparison and contrast between finite element analysis and analytical method in modelling stone columns, whereby settlements of the stone columns are checked whether it is consistent. Finite element analyses were carried out by axisymmetric modelling of the stone column using 15-noded triangular elements with the software package PLAXIS. A drained analysis was conducted using Mohr-Coulombs criterion for soft clay, stones and sand. Analytical data used to compare the settlement was found according to the design method published by Heinz J. Priebe (1995). Both methods were compared by varying parameters such as modulus of deformation of the column to sand ratio, area ratio, stress, diameter, and friction angle of stone column that signifies different soil conditions. It is challenging to find a site with acceptable ground conditions for construction of structures such as buildings, bridges, etc. Often the bearing capacity of the soil would not be sufficient to support the loads of the structures nor would it be in a workable condition for the employees to build the structure. The need for the use of such land with weak cohesive soil strata has been a challenge for design engineers. Although the design of piles foundation can meet all the design necessities, extensive lengths of piles needed eventually results in vast increase of cost of the overall project. Therefore, it is a necessity that the ground conditions must be improved to allow the buildings and heavy construction. A number of ground improvement techniques have been developed over the past fifty years. Main concern of these techniques includes creating stiff reinforcing elements to the soil mass, which results in a soil that has a higher bearing capacity. Out of the various techniques available for ground improvement, the stone column has been widely used. Stone columns (also known as granular columns, granular piles or sand columns) are used to improve soft ground by increasing the load bearing pressure of the soil and reducing settlement of the foundation of structures, embankments, etc. Although these structures are permissible for a relatively large settlement, it is necessary that the settlement be minimized for maximum safety. There have been several ways for installing stone columns depending on the design, local practice and availability of equipment. Among which, the most general methods are the vibro-replacement method and vibro-displacement or vibro-compaction methods. Vibro-replacement technique of stone column is a process whereby large sized columns of compacted coarse aggregates are installed through the weak soil by means of special in-depth vibrators. This can be carried out either with the dry or wet process. In the dry process, a hole of desired depth is drilled down in to the ground by jetting a vibroflot. Upon extraction of the vibroflot, the borehole must be able to stand open. The densification of the soil will be a result of the vibrator near the bottom of the vibroflot. In the wet process, the vibroflot will form a borehole that is of larger diameter than the vibrator and it requires continuous supply of water. As a result the uncased hole is flushed out and filled with granular soil. Th e main difference between wet and dry process is the absence of continuous jetting water during the initial formation of the borehole in the dry process. The performance of the stone columns is not measurable by simple investigations. However, analytically, the efficiency of this composite system that consists of stone column and soil interactions can be assessed by separate consideration of significant parameters as proposed by Priebe (1995) [1]. Stone column technique has proven successful in improving many applications. Such applications include slope stability of both natural slopes and embankments. Construction of such embankments can commence immediately after the installation of stone columns (Vibro Stone Columns, 2009) [2]. Other advantages include increasing bearing capacity of ground, reducing total and differential settlements, reducing the liquefaction potential of sands. The main disadvantage of the stone column technique is its ability to induce bulging failure on the upper part of the stone column. In-situ field tests (cone penetration test and full scale footing test) before construction and after construction of stone columns have shown significant improvements in the soil (J. T. Blackburn, J. K. Cavey, K. C. Wikar, and M. R. Demcsak., 2010) [3]. In a study of the behaviour of stone columns, (Mitchell J.K., and Huber T.K., 1985) [4], by using finite element analysis, had proved that the installation of stone columns leads to a 30-40% reduction in settlement of the values expected that of an untreated ground. 1.2 Objectives The main objective of this project is to show that the analytical method used to design stone columns and the finite element method used to model the stone column numerically, has comparable total and differential settlement. The analysis also provide the understanding of the influence on settlement by varying parameters such as modulus of deformation of the column to sand ratio (Ec/Es), Area ratio (Ac/A), stress à Ã†â€™0, diameter D, and friction angle of stone column ÃŽÂ ¦c, and finally comparing them against the Priebe analytical approach. The objectives of the project are to: study the existing analytical and numerical theories related to stone column modelling develop an axisymmetric simulation of the stone columns by using finite element method, and compare the settlement difference with the analytical results by altering various parameters related to settlement change. This project uses the finite element software package PLAXIS to simulate the stone column numerically and the design method proposed by Heinz J. Priebe (1995) [1] for the analytical results. 1.3 Organization of the research paper In addition to the abstract, list of figures and notation, acknowledgement, and table of contents, this dissertation is divided to six chapters: The first chapter consists of introduction and background of stone columns where it briefly summarizes the installation methods, some of the advantages and disadvantages of the stone columns. The second chapter describes the study of existing analytical and numerical theories regarding modelling stone columns. In this chapter, other than the main findings from the theories, the full procedure of Priebe (1995) method of modelling stone column has been reviewed. Third chapter describes how the stone column was modelled using the PLAXIS software, including the assumptions made and technical data used in different models. The fourth chapter shows the results obtained from the analysis compared to the analytical method proposed by Priebe (1995). The results are presented using necessary graphs and charts. The fifth chapter includes the conclusion of the project and provides recommendations for further studying. The final chapter lists out the references used in this project. The Appendix contains documents such as the Risk Assessment, Diary of the work progress, and the any additional tables and figures of the analysis. CHAPTER TWO 2. LITERATURE REVIEW Many researchers in this field have made their effortless contribution studying the behaviour of stone columns numerically and analytically. Most of the numerical analyses were conducted using finite element analysis, whereas analytical method is derived from a series of equations. Some of the main findings from researchers related to this study are reviewed below. 2.1 Analytical Models 2.1.1 Alamgir, Miura, Poorooshasb, and Madhav, (1996) Alamgir et al. (1995) proposed a simple theoretical approach to evaluate the deformation behaviour of uniformly loaded ground reinforced by columnar inclusions. The displacements of the soil and stone columns are obtained by considering the elastic deformation of both soil and column. A typical column-reinforced ground and column soil unit (Fig. 2.1) where the column is considered to be cylinder, of height H and diameter of dc (=2a where a is the radius) The deformation at a cross section within the column, wcz, is assumed to be constant throughout whereas the deformation of the surrounding soil, wrz, increases from the soil column surface towards the outer boundary of the unit cell (Fig. 2.2). This denotes that since the column soil interface is elastic and no slip occurs, the displacements of the soil and the column at interface can be assumed to be equal. The deformation of the surrounding ground, wrz, is assumed to follow: where wrz is the displacement of the soil element at a depth z and at a radial distance r, wcz is the displacement of the column element at a depth z, ÃŽÂ ±cz and ÃŽÂ ²c are the displacement parameters, a and b are the radii of column and unit cell, respectively, r is the radial distance measured from the center of the column. The column and the surrounding soil were discretized in to a number of elements as shown in Fig. 2.3. The interaction shear stresses and stresses on the column and the soil were obtained by using equilibrium of vertical forces within the medium (Fig. 2.4). Successively the displacement of the column and soil were obtained by solving equations by applying the linear deformation characteristics of the soil. Therefore, the deformation of the jth element of the column, Wcj was obtained as: where à ¢Ã‹â€ Ã¢â‚¬  H is the height of a single element, Es and Ec are the modulus of deformations of soil and column material respectively, vs is the Poissons ratio of the soil, and à Ã†â€™cj is the normal stress acting at the top of the jth element of the column. Due to the symmetry of load and geometry, the shear stress at the outside boundary of the unit cell is zero, which subsequently leads to an equation for ÃŽÂ ²c Furthermore, the compression of the soil element adjacent to the boundary of unit cell (N,jth element of the soil), wsNj was derived as: where à Ã†â€™sNj is the normal stress acting at the top of the element, n is the spacing ratio b/a, à ¢Ã‹â€ Ã¢â‚¬  R is à ¢Ã‹â€ Ã¢â‚¬  r/a and à ¢Ã‹â€ Ã¢â‚¬  r is (b-a)/n. By using the displacement compatibility and substituting r/a=n-à ¢Ã‹â€ Ã¢â‚¬  R/2, Eq. [2.1] can be written as: Finally, solving the equations 2.2, 2.3, 2.4, and 2.5 can lead to the displacement parameter The settlement profiles, the shear stress distribution, and the load sharing from the above mention method was compared against a simple finite element analysis as shown in Fig. 2.5, Fig. 2.6, and Fig. 2.7. It is seen that the results obtained shows a reasonable agreement between the two methods and can be used as a useful method to determine the settlement of the stone columns. 2.1.2 Priebe (1995) Priebe (1995) proposed a design method to assess the behaviour of stone columns that uses an improvement factor which stone columns improve the performance of the subsoil in comparisons to the state without columns. The above statement was best described using the following relationship: According to this improvement factor, the deformation modulus of the composite system is increased respectively settlements are reduced. A unit cell of area A is considered which consists of a single column with the cross section area Ac. Calculation of the improvement factor was done by assuming that: The stone column to be of incompressible material The stone column is installed within a rigid layer The bulk densities of the stone column and soil are also neglected. Hence, according to Priebes approach, column cannot fail in end bearing and any settlement of the load area results in a bulging of the column, which remains constant all over its length. The improvement of a soil achieved by the presence of stone columns is evaluated based on the assumption that the column material shears from the beginning whilst the surrounding soil reacts elastically. Additionally, the coefficient of earth pressure amounts to K=1 by assuming that the soil to be displaced already during the column installation to such a degree that its preliminary resistance corresponds to the liquid state. Using the above criterion the basic improvement factor n0 is expressed as: where = Improvement factor Ac = Area of the stone column A = Grid area of the single unit = Poissons ratio = Coefficient of active earth pressure for the stone column material = Friction angle of the stone column material Since a Poissons ratio of 1/3 is adequate for the state of final settlement in most cases, the results of the evaluation is expressed as basic improvement factor n0 and substituting 1/3 as Poissons ratio, which leads to the following equation. The relation between the improvement factor n0, the area ratio A/Ac and the friction angle of the backfill material is illustrated in figure 2.8 below. The compacted backfill material of the stone column is still compressible. Due to this reason, applied load of any amount will lead to settlements that are unconnected with bulging of the columns. Subsequently, compressibility of the column is integrated by adding up an additional area ratio (A/Ac) as a function of the constrained moduli of the columns and soil Dc/Ds and is provided in the Fig. 2.9. The improvement factor as a result of the consideration of the column compressibility is represented by n1, as shown in the equation: where and Furthermore, for =1/3 can be found using the equation below The additional loads due to the bulk densities of the soil and columns decrease the pressure difference asymptotically and reduce the bulging correspondingly. Subsequently, multiplying the basic improvement factor by a depth factor could incorporate the effect of the bulk density, which is given by: where, fd = Depth factor K0C = Coefficient of earth pressure at rest for stone column material = Bulk density of the soil = Layer thickness Pc = Pressure within the column along the depth Figure 2.10 shows the influence factor y as a function of the Area ratio A/Ac and can be used to approximate the depth factor. The figure considers the same bulk density for the columns and soil, which may not be true in most cases. Therefore as a safety measure, the lower value of the soil should be always considered. Using the above depth factor fd, a more enhanced improvement factor can be defined that considers the effects of the overburden pressure, and therefore is represented by n2 where it can be related by the following equation: The depth factor is limited so that the settlement of the columns resulting from their inherent compressibility does not exceed the settlement of the composite system. This is because as the depth increases, the support by the soil reaches such an extent that the column do not bulge anymore. The first compatibility control where the depth factor is limited is applied when the existing soil is stiff or dense and is given by: The second compatibility control is required since should not be considered even if it may result from the calculation. This second control relates to the maximum value of the improvement factor nmax and is applied when the existing soil is loose or soft. Both compatibility controls can be determined using figure 2.11 below. Finally, the total settlement of a single or a strip footing can be assessed using the above series of equations. The design results from the performance of an unlimited column grid below an unlimited load area. For the unimproved ground, the settlement can be found using the equation: where, sà ¢Ã‹â€ Ã… ¾ = Total settlement p = Pressure exerted by the above structure d = Depth of the stone column Ds = Constrained modulus of the soil Similarly, the total settlement of the improved ground, where the improvement factor is incorporated, can be found by dividing the settlement by n2, which is shown below: This method is one of the most common and well-known method of designing stone columns and has been widely used all over the world because of its simplicity. Moreover, in comparison with the other methods, it shows a much wider behaviour of the stone column by assuming the stone column and surrounding soil as a composite system. 2.2 Numerical Models 2.2.1 A.P. Ambily and Shailesh R. Gandhi (2007) Ambily and Shailesh (2007) studied the behaviour of stone columns by comparing experimental and Finite Element analysis on a single stone column and a group of 7 columns. Laboratory experiments were carried out on a stone column of 100mm diameter surrounded by soft clay in cylindrical tanks of 500mm high with diameter varying from 210 to 420 mm for a single column test and from 210 835 mm for a group of 7 columns. This represents the required unit cell area of soft clay around each stone column. Pressure cells attached to the loading plate were used to measure the stress intensity of the column and the soil as shown in figures 2.12 and 2.13. Furthermore, it is also assumed the stone columns are installed in a triangular pattern. The load deformation behaviour of the column/treated soil was studied by applying vertical load for both cases; column only loading and entire area loading, and observed for equal intervals of settlements until failure occurs. After a series of procedure, the shapes of the tested columns are obtained. It is clearly seen in Fig. 2.14 that bulging mode of failure only occurs in the case of column alone loaded, and not in the case of entire area loaded. Finite Element analysis was conducted using 15-noded triangular elements with the software package PLAXIS, to compare the load-settlement behaviour with the model test and the laboratory experiment. The analysis was carried out using a stone column of diameter 25 mm and 225 mm high, which was made at the center of the clay bed and loaded with a plate of diameter two times the diameter of the stone column. The axisymmetric finite element mesh to represent the single stone column and the group of stone columns are shown in Fig. 2.15 and Fig. 2.16 respectively. Likewise the laboratory experiment, finite element analyses were done for column alone loaded and entire area loaded case for s/d=3. The results of these simulations (Fig. 2.17) shows that failure by bulging occurs in column alone loaded case, which also agrees with the results from laboratory experiment. The comparison of the experimental results and finite element analysis data shows significant consistency in both methods. The comparisons made by A.P. Ambily and Shailesh R. Gandhi include the effect of shear strength, Cu (Fig. 2.18) and the effect of s/d (Fig. 2.19) on the behaviour of stone columns. Additionally, the effect of surcharge on stress settlement behaviour (Fig. 2.20) and effect of s/d and ÃŽÂ ¦ on the stiffness improvement factor (Fig. 2.21) was compared between both methods. These tests have also shown similar behaviour. The stiffness improvement factor (ÃŽÂ ²) was calculated as the ratio of the stiffness of treated and untreated ground, and beyond s/d = 3, it shows no significant improvement. The analysis was extended to study the effect of the angle of internal friction of stones by varying the ÃŽÂ ¦ as 35, 40, 43, and 45o for varying values of s/d ranging from 1.5 4. From the results shown in Fig. 2.22, it is confirmed that this relationship is valid for any shear strength values of surrounding soil. Furthermore, the comparisons between a single column and group of 7 columns were found as in Fig. 2.23. Both experimental and finite element method results reveal comparable behaviour regarding the ultimate load and load deformation relationship. To ensure that this proposed design method agrees with the existing theories, this study was compared with the existing theories as shown in Fig. 2.24 and Fig. 2.25. The result shows a slightly higher stiffness improvement factor (ÃŽÂ ²) for an area ratio more than 4 and a lower value for an area ratio less than 4 compared to Priebe (1995). 2.3 Summary The studies mentioned above show comparable results and have been adopted by many engineers and contractors. However, not many researchers had compared Priebes analytical model with finite element method. Therefore, the finite element analysis carried out in this project will be compared to the design method proposed by Priebe (1995), since it gives a much broader overview of the composite system consisting of the stone column and soil interactions and moreover it is the most common and improved analytical method used by the design engineers around the globe. CHAPTER THREE 3. METHODOLOGY 3.1 Introduction Different methods of modelling stone columns numerically have been implemented in the past. Among those, the most simplest and common type of numerical modelling is using finite element method. In fact, studies have shown that the settlements predicted from the finite element analysis shows comparable results that of the values gained from actual field tests (Kirsch, F. 2009). Numerical calculations are usually complex and most of the time is impossible to conduct without means of dedicated software. Likewise, in this research project, PLAXIS software is used to carry out the finite element analyses. 3.2 PLAXIS software The main computer software used in this investigative project is PLAXIS Professional Version 8.2. PLAXIS is a comprehensive package for finite element analyses for geotechnical applications. It allows simulating the soil behaviour by using soil models. The software employs a graphical user interface that makes it simple to use and also provide the ability to input the necessary parameters such as different soil layers, structural elements, variety of loadings, and boundary conditions through CAD drawing procedures. It allows discretizing the soil component into either 6-noded or 15-noded triangular elements whereby 15-noded triangles provides high stress results for complex problems. The software also allows automatic generation of 2D finite element meshes that can be further refined according to the choice of analysis. In addition to that, the software comes with a very useful feature named Staged Construction. This feature allows the models to be simulated at different stages by ac tivating and deactivating clusters of elements, application of loads, etc. One of the advantages of this software is the ability to generate the results quickly with minimum errors. The output results include values for stresses, strains, settlements, and structural forces together with the plots of different curves such as, load-displacement curve, stress-strain diagrams, and time-settlement curve. 3.3 Finite Element Modelling Finite element analysis was conducted to compare the load-settlement behaviour of the stone column. A two dimensional axisymmetric analysis was carried out since the investigation concerns a single unit of stone column using Mohr-Coulombs criterion for clay and stone column. 15-noded discretization was used for more precise results. The initial vertical stress due to gravity has been considered in this analysis. Similarly, the stress due to column installation, which often depends on the method of construction, is also considered in this analysis. Assumptions made in the finite element modelling: The soil is assumed to be homogenous, infinite and behaves as Mohr-Coulomb model. The ground water table is at the same level as the stone column and clay layer, meaning the stone column and clay layer is submerged in the water. Hence, effect of ground water condition should be taken into account. The base of the clay layer is rigid, i.e., full fixity at the base of the geometry (ux=0, uy=0) and roller conditions at the vertical sides (ux=0, uy=free) boundary conditions are shown in Figure 3.1(a). Assumed that deformation of the column is mainly by radial bulging and no significant shear is possible. Therefore, interface element between stone column and clay has not been used. Mitchell, J. K., and Huber, T. R. (1985) also carried out similar type of finite element analysis without the inclusion of the interface element. 3.4 Geometrical Parameters The dimensions of the PLAXIS model are shown in Figure 3.1(b). H is the height of the column, which varies between 10m, 20m, and 30m. D is the diameter of the stone column, which has a typical value of 1m, in all the models except for the model to check the influence of diameter and spacing. Equivalent diameter De depends on the spacing between stone columns as well as the arrangement pattern of the columns. The value of De was calculated by considering the following Influence Area methods. 3.4.1 Influence Area Methods There are several methods for calculating the equivalent diameter around the stone column, which depends greatly on the spacing, diameter, and pattern of installation of the stone column. Two methods were considered in this investigation. 3.4.1.1 Equivalent Area method The equivalent area method simply equates the area of the grid spacing with that of the cross sectional area of column to find the influence area around the stone column. The following example gives a better understanding of the above statement. Example: Grid spacing of the column = 1.5 X 1.5 meters (square grid) Therefore, Diameter of stone column = Finally, Where, De is the equivalent diameter around the stone column. 3.4.1.2 Unit cell method (Balaam Booker, 1981) Unit cell consists of the column and the surrounding soil within the zone of influence of the column. The unit cell has the same area as the actual domain and its perimeter is shear free and undergoes no lateral displacement. Balaam Booker (1981) relates the diameter of the unit cell to the spacing of the columns as: where, De is the equivalent diameter (for square grid) S is the spacing of the stone column Similarly the different geometrical patterns due to column arrangements are shown in the Figure 3.2. Both methods reviewed above gives relatively similar magnitudes. However, Priebes analytical method concerns more on unit cell area. Hence, for this investigation Equivalent Area method is used to model the influence are in PLAXIS. 3.5 Mesh Refinement Test Mesh generation has a great influence in the accuracy of the model. Generally, the finer the mesh the more accurate the result would be. However, this is not true for every case. Therefore a simple test using PLAXIS was conducted to check the effect of mesh refinement. Initially, mesh generation was set to coarse (around 100 elements), utilized as global coarseness of model. The test was carried out by comparing it with the refined mesh (around 500 elements). Moreover, the mesh is further refined which in PLAXIS is set to very fined (around 1000 elements). The generated meshes are shown in Figure 3.3. followed by the time-displacement graph showing the comparison between coarse, medium, fine and very fine mesh refinements. (Figure 3.4) From the above graph it can be seen that the four curves gives comparable results. However, the coarse, medium, and fine meshes give very similar results compared to the very fine mesh refinement. The objective here was to get the lowest value for the displacement since the improved ground due to the installation of stone column would eventually lead to a reduced settlement. Therefore, the finest mesh refinement gives the most precise result. Even though it takes a substantial amount of time to simulate using the most finest meshing, for this investigation, models had been simulated using the very fine mesh option. 3.6 Input Parameters Varying the soil parameters can alter soil characteristics. Most important outcome by altering these parameters is deformation that leads to settlement. Such parameters that have major impact on settlement includes, material type, spacing of stone columns, diameter of influence area, diameter of stone column, elastic modulus of both column and soil, depth of the soil layer, Poissons ratio for both column material and soil, Unit weights of the materials, cohesion, friction angle, etc. Soil and material properties are shown in Table 3.1. Note that the effective stress cohesion, c of the stone column is given a small nonzero value to avoid numerical complications. The majority of the above parameters are considered for only one type of test model and are varied for different model tests. The varied parameters such as elastic modulus of soil and column, friction angle, spacing between columns and influence area around the stone column are reviewed in the following section. 3.7 Test Models The main objective of this project is comparing both analytical and numerical method using Priebes analytical approach and finite element analysis as numerical solution. This can only be achieved by developing multiple models and simulations to obtain a range of values to compare with, which would lead to a more solid conclusion. Three constitutive models were considered for the representation of the following three cases. A clay layer of 30 m, which has a stone column of height 10 m installed. A clay layer of 30 m, which has a stone column of height 20 m installed. A clay layer of 30 m, which has a stone column of height 30 m installed. Note that 1 and 2 are floating columns that are not extended to bedrock or hard layer, which in stone column installation is a rare case, yet installed occasionally. Each of the above tests was carried out by varying the spacing between columns, which would alter the s/d relationship together with the Ac/A ratio. Further tests were carried out to check the influence of stress à Ã†â€™0, diameter D, modulus of deformation of the column to sand ratio Ec/Es and friction angle of stone column ÃŽÂ ¦c using the third case and compared them against the Priebe analytical approach. The summary of test models is given in the Tables 3.2. All the tests were carried out in 3 stages. Install the stone column: Just after the stone column is installed Apply Load: Just after the load is applied to the column Consolidation: After the consolidation process completed to a minimum pore pressure of 1kPa In the all cases the materials were idealized as the Mohr-Coulomb model with the characteristic linear-elastic-perfectly plastic behaviour and the failure criteria defined by the strength parameters given in tables below. Table 3.2 Summary of Model tests Model Test Description Constants Variables 1 Influence of column height on settlement (case 1, 2, and 3) à Ã†â€™0 = 100 kPa Ac/A = 0.2 ÃŽÂ ¦c = 40o Ec/Es = 20 Heigh

Ciceros De Amicitia Essay -- Friendship Death Love Essays

Cicero's De Amicitia Cicero’s De Amicitia brings a unique perspective to the topic of friendship and how it relates to death. The word amicitia comes from the Latin root word amor which is translated to mean â€Å"love†. In this day and age the word friendship has taken on a slightly different meaning from the ancient meaning. Cicero’s De Amicitia seeks to define what friendship is, its characteristics and principles. He has challenged us to reconsider what constitutes a true friend. Upon observing a typical friendship it becomes clear to us that this relationship is actually devoid of true love; the love in which Cicero speaks of. A genuine friendship is a rare and beautiful thing; a mutual relationship formed between two virtuous people of the same sex in which both individuals love the other as much if not more than themselves. â€Å"In the face of a true friend a man sees as it were a second self.† To love another person as much as you love yourself, to give without the expectation of receiving something in return is indeed an amazing concept. It is sometimes hard to comprehend its existence in this world where friendship is more for utility; â€Å"serve for particular ends - riches for use, power for securing homage, office for reputation, pleasure for enjoyment, health for freedom from pain and the full use of the functions of the body. But friendship embraces innumerable advantages.† The structural foundation upon which a friendship is built is a key determining factor concerning the quality, life and longevity of a friendship. When this foundation is weak and built on the selfish desires of those individuals, that friendship is ultimately put to the test. A utility based friendship is impermanent; giving way to the changing circumstances it faces over time as Cicero stated â€Å"For if it were true that its material advantages cemented friendship, it would be equally true that any change in them would dissolve it.† It does not have the qualities to endure and will fail to thrive in the face of such trials and tribulations as â€Å"conflicting interest; differences of opinion in politics; frequent changes in character, owing sometimes to misfortunes, sometimes to advancing years.† In this type of friendship the individual takes pleasure in each other’s company only in so far they have hopes of gaining an advantage from it. For Cicero, true friendship can only be achie... ...h act. â€Å"I am disposed to think, therefore, that in his case mourning would be a sign of envy rather than of friendship. If, however, the truth rather is that the body and soul perish together, and that no sensation remains, then though there is nothing good in death, at least there is nothing bad.† This statement shows a certain level of jealousy for you envy the freedom your friend has now achieved in death whereas you are still encased in your human form, your soul trapped and yearning for knowledge and wisdom. Feelings of joy would wash over the surviving friend if indeed their friendship were true. Feeling joyful that this person he has loved with all his heart and soul has moved on to a beautiful place, free from the human condition. Reading Cicero’s work has helped validate that which I have always felt to be true; not just of friendship but of death. I conclude with a passage in which Cicero touches on the purpose of forming friendships; †For it is not so much what one gets by a friend that gives one pleasure, as the warmth of his feeling.† One day I hope to understand through first hand experience rather than just through speculation and dissection of Cicero’s writing.

Billy Budd :: essays research papers

Billy Budd by Herman Melville fits into both categories of tragedy, classic and modern. This story fits into both Aristotle’s and Arthur Miller’s concepts of tragedy. Billy Budd is this story’s tragic hero and its his actions that determine how this story fits into both categories.The classic definition of tragedy is Aristotle’s, that the tragic hero must be noble and have a tragic flaw. He must also experience a reversal of fortune and recognize the reason for his downfall. This couldn’t be any more like Billy’s story. Billy played was a respected and loved sailor with an embarrassing stutter, but was accused of conspiring to stage a mutiny. This changes Billy’s life dramatically resulting in him to kill an officer, and sentenced to death. Before he is executed though he blesses the man who sentenced him to death, which tells the reader that he had forgiven him and understands why he must be killed. Aristotle’s definition says a tragedy should have â€Å"incidents arousing pity and fear†. The incident with Claggart must have certainly caused the reader to pity him and to fear how Captain Vere would handle Billy. The modern concept of tragedy is that of Arthur Miller’s, that the audience feels and fears for the characters so much that it is as if they are the characters themselves. The characters finally meet their tragic end, and the audience witnesses and understands their end. This applies to Billy mostly because of his likeability. The readers come to love Billy as his fellows sailors do. He is completely innocent and naive at the same time. The readersees his weakness and comes to feel sorry for Billy the way one might for a child. The reader sympathizes with Billy especially when he is confronted by Claggart and can do nothing, but stutter. The reader is with Billy throughout and witnesses his transformation at the end. In this fashion,

Clinical Reasoning: Combining Research and Knowledge to Enhance Client Care

Making sound and client-centered clinical decisions in an area that demands accountability and evidence-based practice requires not only scientific knowledge, but also a deep knowledge of the practice of one’s profession and of what it means to be human in the world of combined strength and vulnerability that is health care. Every clinician must understand the importance of applying best research evidence to client care, the essence of evidence–based practice, to improve the overall quality of healthcare. Research continues to find that using evidence-based guidelines in practice, informed through research evidence, improves patients’ outcomes (Dykes et al, 2005). The literature is replete with definitions of evidence-based practice. Simply stated, evidence-based practice is the process of applying research to practice. Originating from the medical field in 1991, the term evidence-based medicine was established to ensure that medical research was systematically evaluated in a manner that could â€Å"inform medicine and save lives and that is superior to simply looking at the results of individual clinical trials† (Wampold & Bhati, 2004). An evidence-based practice is considered any practice that has been established as effective through scientific research according to a set of explicit criteria (Drake, et al, 2001). The term evidence-based practice is also used to describe a way of practicing, or an approach to practice. For example, evidence-based medicine has been described as â€Å"the conscientious, explicit and judicious use of current best evidence in making decisions about the care of individual patients† (Sackett, Rosenberg, Gray, et al, 1996). Evidence-based medicine is further described as the â€Å"integration of best research evidence with clinical expertise and patient values† (Sackett, Straus, Richardson, Rosenberg, & Haynes, 2000). Rather than a relationship based on asymmetrical information and authority, in evidence-based practice the relationship is characterized by a sharing of information and of decision-making. The clinician does not decide what is best for the client, but rather the clinician provides the client with up-to-date information about what the best-evidence is regarding the client’s situation, what options are available, and likely outcomes. With this information communicated in culturally and linguistically appropriate ways clients are supported to make decisions for themselves whenever and to the extent possible. According to Burns and Grove evidence-based practice is nothing more than a problem-solving approach to the care that we deliver that takes into consideration the best evidence from research studies in combination with clinical expertise and the patient’s preferences and values (Burns & Grove, 2004). Pierce described in â€Å"Evidence-Based Practice in Rehabilitation Nursing† that â€Å"making patient-care decisions with current information and one’s clinical expertise enhances the ability to provide the best practice†. The author added that â€Å"evidence-based practice is a process that begins with knowing what clinical questions to ask, how to find the best evidence, and how to clinically appraise the evidence for validity and applicability to the particular care situation†. Then, the best evidence must be applied by a clinician with expertise in considering the patient’s unique values and needs. As stated by Law& MacDermit, â€Å"evidence for practice is not only about using research evidence, but using it in partnership with excellent clinical reasoning and paying close attention to the client’s stated goals, needs, and values†(Law & MacDermit, 2008). Although the terms best practices and evidence-based practice are often used interchangeably, these terms have different meanings. Evidence-based practice can be a best practice, but a best practice is not necessarily evidence-based; best practices are simply ideas and strategies that work, such as programs, services, or interventions that produce positive client outcomes or reduce costs (Ling, 2000). In order to bring research and knowledge into someone’s practice, it’s necessary to think critically. Becoming a critical thinker is a prerequisite of becoming an evidence-based clinician. But what is critical thinking? Critical thinking involves the application of knowledge and experience to identify patient problems and to direct clinical judgments and actions that result in positive patient outcomes. Critical reflection requires that the thinker examine the underlying assumptions and radically question or doubt the validity of arguments, assertions, and even facts of the case. Critical reflective skills are also essential for clinicians; however, these skills are not sufficient for the clinician who must decide how to act in particular situations and avoid patient injury (Wheatley DN, 1999). Critical reasoning is a process whereby knowledge and experience are applied in considering multiple possibilities to achieve the desired goals (Noll et al, 2001) while considering the patient’s situation (Fowler, 1997). According to Simmons it’s a process where both inductive and deductive cognitive skills are used (Simmons et al, 2003). Each client’s problem is unique, a product of many factors, including the client’s physical health, lifestyle, culture, relationship with family and friends, living environment, and experiences. Thus, a health care professional does not always have a clear picture of the client’s needs when first meeting a client. Because no two clients have identical problems, a clinician is always challenged to observe each client closely, search for and examine ideas and inferences about client problems, consider scientific principles relating to the problems, recognize the problems and develop an approach to client’s care. When clinicians make healthcare decisions for a population or group of clients using research evidence, this can be described as evidence-based healthcare practice. Another prerequisite to becoming an evidence-based clinician is to be a reflective professional. Reflection is an important aspect of critical thinking. As described by Miller & Babcock reflection is â€Å"the process of purposefully thinking back or recalling a situation to discover its purpose or meaning. With reflection, a clinician seeks to understand the relationships between theoretical concepts and real-life situations. The importance of reflecting on what you are doing, as part of the learning process, has been emphasised by many researchers. The concept of reflective practice was introduced by Donald Schon in his book named â€Å"The Reflective Practitioner† edited in 1983, however, the concepts underlying reflective practice are much older. John Dewey was among the first to write about Reflective Practice with his exploration of experience, interaction and reflection (Dewey, 1933). Schon described the concept as a critical process in refining one's artistry or craft in a specific discipline. The author recommended reflective practice as a way for beginners in a discipline to recognize consonance between their own individual practices and those of successful practitioners. He also stated that reflective practice â€Å"involves thoughtfully considering one's own experiences in applying knowledge to practice while being coached by professionals in the discipline† (Schon, 1996). As it was earlier said, there are a few steps toward evidence-based practice and rehabilitation. The first and the most important step in evidence-based practice is to determine a well-designed question that not only affects quality care but is of interest to the rehabilitation clinician and is encountered in practice on a regular basis. A useful ramework for formulating an appropriate clinical question is suggested by Sackett & colleagues. (Sackett, 2000). They proposed that a good clinical question should have at least three and sometimes four components: Patient or Problem; Intervention; Comparison (not mandatory); Outcome of interest. This has been referred to as the PICO (Patient /Problem, Intervention, Comparison, Outcome) or PIO (Patient / Problem, Intervention, Outc ome) approach. The question usually comes from diverse sources. As stated by Pierce, â€Å"the most common source is the rehabilitation practice itself†. Once the question in searching of evidence was formulated, the next and probably the most important step is to find the relevant evidence in the literature that will help in answering the question. It can be difficult to distinguish relevant from irrelevant information and to decide which source contains the most credible information and research data. Using research findings in practice improves care. Research utilization occurs at three levels—instrumental, conceptual, and symbolic: 1. Instrumental utilization is the direct, explicit application of knowledge gained from research to change practice (Gills & Jackson, 2002). 2. Conceptual utilization refers to the use of findings to enhance one’s understanding of a problem or issue in nursing (Gills & Jackson, 2002). 3. Symbolic utilization is the use of evidence to change minds of other people, usually decision makers (Profetto-McGrath, Hesketh, Lang, & Estabrooks, 2003). According to Hameedullah & Khalid, â€Å"all evidence must be appraised in the following areas: validity, importance and applicability to the clinical scenario† (Hameedullah & Khalid, 2008). Performing the previous steps will result in the appearance of a concrete piece of evidence which should be valid and important for the question in consideration. Now is the time to combine the clinical expertise and experience with the evidence generated to improve the outcome of specific client scenarios. It is also important to remember client’s values and circumstances while making such decisions. The evidence regarding both efficacy and risks should be fully discussed with the client in order to allow them to make an informed decision. This approach allows the formation of a decision in consultation with the client in the presence of good evidence and is consistent with the fundamental principle of evidence-based practice i. e. ntegration of good evidence with clinical expertise and patient values (Hameedullah & Khalid, 2008). Whether the intervention was appropriate and resulted in good clinical outcome for a certain group of clients, in a particular clinician’s hands, will only be answered by careful prospective outcome research. As Strauss and Sackett have suggested, we need to ask whether we are formulating answerable qu estions, finding good evidence quickly, effectively appraising the evidence, and integrating clinical expertise and patient’s values with the evidence in a way that leads to a rational, acceptable management strategy (Straus & Sackett, 1998). Although the importance of research-based practice was identified decades ago and has gradually been adopted by rehabilitation professions, there are a number of challenges for clinicians who are attempting to be use research to aid in clinical decision-making. According to Bohannon and Leveau most challenges can be grouped under one of three areas: research methods, clinicians’ skill, and administrative factors (Bohannon & Leveau, 1998). The research procedures of randomly assigning patients to an experimental or control group, using standardized outcomes measures that may not have real-world relevance, and the difficulty of blinding investigators and clients to the research procedures all make research results difficult to be implemented, interpreted and utilized clinically (Ritchie, 2001). Evidence-based practice requires clinicians to read current research literature, understand research methodology, and incorporate best evidence into practice as appropriate. As Sumison noted in one of his studies, it may be difficult to use in client-centered practice. The research literature may be difficult to access and relevant information is often not compiled in one place (Sumison, 1997). Interpreting and implementing research evidence also requires clinical skill, judgement, and experience. Deciding what constitutes evidence that justifies a change in practice can be challenging and the opportunity for bias exists at every stage of the process as Pomeroy observed in one of his articles from 2003 (Pomeroy, 2003). There are many other factors that present challenges to clinicians who are attempting to use evidence to guide their practice. Time constraints are almost universally identified as a primary limiting factor. Schreiber and Stern stated that â€Å"clinicians refer to pressures of today’s health care environment and administrators’ emphasis on productivity as factors that directly inhibit their ability to seek out, gather, read, and integrate cientific information relevant to daily practice† (Schreiber and Stern, 2005). The concept of evidence-based practice is of great importance for rehabilitation and physiotherapy to allow for increased insight for all involved including patients, clinicians, third-party payers, and government and health care organizations, into the clinical decision-making processes. The purpose of promoting this paradigm is optimum quality of care with conservation of professional autonomy.

Advertising Regulations

Advertising Regulation The strength of the self-regulatory system lies in both the independence of the ASA and the support and commitment of the advertising industry, through the Committee of Advertising Practice (CAP), to maintaining the high standards laid down in the Advertising Codes, which are designed to protect consumers. Today, the UK advertising regulatory system is a mixture of   * Self-regulation for non-broadcast advertising * Co-regulation for broadcast advertising. The ASA is the UK self-regulatory body for ensuring that all advertisements, wherever they appear, are legal, decent, honest and truthful. The protection of consumers is at the heart of the ASA's work. They aim to ensure that advertising does not mislead or offend. Advertising self-regulation in the UK The system is based on a contract between advertisers, agencies and the media that each will act in support of the highest standards in advertising. Compliance with the Codes and ASA adjudications is binding on all advertisers. It is not a voluntary system. The system is both self-regulatory (for non-broadcast advertising e. g. press, poster, cinema, online) and co-regulatory (for TV and radio advertising). The Codes sit within a legal framework, which means that, where appropriate, they reflect the standards required in law, e. g. the Consumer Protection for Unfair Trading Regulations 2008 (CPRs) for misleading advertising. The Codes also contain additional protections that are not required under law e. g. rules related to taste and decency and social responsibility. The ASA is responsible for administering five Advertising Codes and deals with more than 26,000 complaints per year. Just one complaint can cause the ASA to launch an investigation and remove an advertisement, if the ad is found in breach of the Codes. For instance, if Bulldog’s TV ad, had a voiceover that said â€Å"With up to 8 meg broadband, more people can play, e-mail, download and talk, together, all at the same time. With Bulldog, unlimited phone calls to your network friends are included. To find out more about Bulldog Broadband packages call now on 0800 or visit bulldogbroadband. com. Bulldog Broadband and Phone. † Onscreen text said â€Å"Broadband speed is up to 8meg downstream. Subject to local availability and Bulldog phone line†. BT complained the TV ad was misleading because, due to the technical limitations of high speed broadband services, the maximum speed quoted would not be available to a significant number of people within the geographic areas in which the service was available. Figures were provided and showed that, as the length of line between a local exchange and a customer's home increased the broadband speed that could be achieved by the customer decreased. They said broadband speeds of 8 megabits per second (Mbps) or close to 8 Mbps could be achieved only by people who lived within 3 km of an exchange. Beyond that distance the achievable speed dropped rapidly because of unavoidable signal attenuation caused by line length and quality. The 35% of people who lived more than 3. 8 km from an exchange, for example, would get at best a 5 Mbps connection. They believed the prefix â€Å"up to† was not an adequate indication that a large proportion of customers could not get a service close to the headline speed. Members of the public also said the TV ad was misleading because the broadband speed quoted was not achievable for all users. One said their connection had never exceeded 5 Mbps and while others believed technical limitations would prevent users from achieving the headline speed. Bulldog however would then be given an opportunity to respond to any claims made against them therefore saying our ads were in line with previous ASA adjudications and CAP guidance, which required claims about broadband speeds to be preceded with the words â€Å"up to†, to indicate that the top speed might not be achieved by users. Assessment Complaints upheld The ASA noted Bulldog considered that the inclusion of the words â€Å"up to† was an adequate indication to consumers that they might not achieve the top speed quoted in the ads and that their ads were in line with previous ASA adjudications and CAP guidance. We considered that â€Å"up to† was an adequate qualification in ads for 1 Mbps and 2 Mbps services, where the user would not achieve the maximum speed because of factors such as the number of people on line but where the attainable speeds were close enough to those advertised so as not to affect the customers' experience in any meaningful way. We considered that the higher speed service was likely to be attractive to consumers because of the advertised headline speed and the potential capabilities that a connection of that speed could give users. We understood, however, that the speeds 8Mbps services could deliver were significantly affected by signal attenuation, which was caused by distance from the exchange, and that as a result a significant proportion of consumers could not achieve speeds close to the headline speed. We understood that users of an up to 8Mbps service could take advantage of capabilities such as video streaming, file sharing and online gaming but that there would be a noticeable degradation of quality of the service when speeds fell below 6Mbps. We therefore considered that â€Å"up to† was not an adequate qualifier in ads for higher speed services, given the impact that signal attenuation could have on speed and performance. ASA concluded that the ads were misleading and asked Bulldog to amend them. The TV ad breached CAP (Broadcast) TV Advertising Standards Code rules 5. (Misleading advertising), 5. 2. 1 (Evidence) and 5. 2. 3 (Qualifications). Action Bulldog will then be asked by the ASA to indicate prominently in future ads (for example in the body copy of non-broadcast ads) that top speeds varied significantly, in particular because of a user's distance from their local exchange. The broadband speed must be preceded by the words ‘up to', in order to make it clear that a consumer can receive anything up to the advertised speed. The ad must contain a clear notice in the main body copy (i. e. ot in a footnote) that states that speeds vary significantly subject to a number of factors, such as distance from the exchange. The ad must also make clear where the service is available i. e. geographical limitations that might mean a headline speed is only available to those in, for instance, urban areas. The Committee of Advertising Practice (CAP) and the Broadcast Committee of Advertising Practice (BCAP) are the industry committees responsible for writing and maintaining the Advertising Codes. The Committee members represent the three main parts of the advertising industry, namely the advertising agencies, media owners (e. . poster site owners, newspapers, broadcasters) and the advertisers themselves. CAP and BCAP also enforce the adjudications of the ASA. Interaction with the law Across the European Union (EU) there is a unified piece of consumer pr otection legislation to prevent the use of misleading or unfair trading practices. This law, called the Unfair Commercial Practices Directive, has been translated into UK law to make sure that we have the same rules as all the other countries in the EU. The ASA works within this legal framework to make sure that UK advertising is not misleading or unfair. The ASA is able to refer advertisers who refuse to work with us and persistently make The ASA is considered the ‘established means’ for gaining compliance with both these pieces of legislation. This means that the law itself is not usually enforced formally through the courts; instead the ASA is first allowed to tackle any problems under the Advertising Codes. This approach works well in the overwhelming majority of cases. Broadly this means that the system is paid for by the industry, which also writes the rules, but those rules are independently enforced by the ASA. The system is a sign of a considerable commitment by the advertising industry to uphold standards in their profession. All parts of the advertising industry – advertisers, agencies and media – have come together to commit to being legal, decent, honest and truthful in their ads. * Adverting Standards authority – http://www. asa. org. uk/Complaints-and-ASA-action/Adjudications/2006/9/Bulldog-Communications-Ltd/TF_ADJ_41768. aspx * The Advertising Codes – http://www. cap. org. uk/The-Codes. aspx * –