Saturday, August 31, 2019
Gujarat Development
Gujarat Governance for Growth and Development A preview of the book* Growth There is a remarkable lack of objectivity in discussing Gujarat and governance, growth and development there. The economics gets enmeshed in the politics and the politics gets entangled with the economics. While this is perhaps inevitable and unavoidable, this book is about the economics. What has happened in Gujarat? Is there a story there? Why has it happened? Is this is a story that can be replicated elsewhere in India? Is there a lesson for other States? The first broad-brush growth story is as follows.Compared to 1994-95 to 2004-05, from 2004-05 to 2011-12, real GSDP (gross State domestic product) growth rates have increased, from an all-India average of 6. 16% to an all-India average of 8. 28%. Second, with an increase from 6. 45% to 10. 08%, the increase has been more for Gujarat than for all-India. Third, since 2004-05, there are other States that have also grown fast and Bihar, Maharashtra, Sikkim, T amil Nadu, Uttarakhand, Chandigarh and Delhi are examples. That growth story in other States is sometimes used as an argument against the Gujarat growth story and thatââ¬â¢s a bit strange. After all, Gujarat accounts for a n estimated 7. % of Indian GDP. If all-India averages have gone up that much, it is unreasonable to expect growth has been pulled up by Gujarat alone. However, in making inter-State comparisons, t here is a legitimate question one should ask. Should small States be compared with large States? Should special category States be compared with non-special category States? Smaller States tend to * Gujarat: Governance for Growth and Development, Bibek Debroy, September 2012. Published by Academic Foundation, New Delhi; hardcover, pages 166, all colourââ¬â includes maps and photographs; ISBN 13: 9788171889815; Rs 795; US $39. 5. www. academicfoundation. com 2 < PREVIEW > Gujarat: Governance for Growth and Development be more homogeneous, with relatively fewer back ward geographical regions and districts. Chandigarh, Delhi, Puducherry, Goa and Sikkim arenââ¬â¢t quite comparable with larger States. With that caveat, it is also true that there has been a growth pickup in Bihar, Maharashtra, Tamil Nadu and Uttarakhand as well. There has been a discernible pick-up in Gujaratââ¬â¢s growth performance since the 10th Plan (2002-07), the five-year Plans being natural periods for breaking up the time-line.Itââ¬â¢s tempting to argue that there is nothing exceptional in this. Gujarat grew fast during the 8th Plan (1992-97) too. While thatââ¬â¢s true, one should accept that as development occurs, it becomes more difficult to sustain higher rates of growth. Among larger and relatively richer States like Maharashtra, Haryana, Gujarat, Kerala, Punjab, Tamil Nadu and Karnataka, it is more difficult to find sources of growth. Growth tends to taper off. Relatively poorer States like Bihar, Orissa, Madhya Pradesh, Assam and Jharkhand find it easier t o catch up.Had historical trends alone provided the momentum for growth, Karnataka should have also grown extremely fast. Fifth, too often, discussions focus on growth trends alone. Moving to a higher growth trajectory is important. But reducing the volatility of growth is no less important. Growth rates in Gujarat have become much less volatile. Given Indian conditions, volatility is fundamentally a function of what has been happening to the agricultural sector. Equity In line with all-India trends, overall poverty and urban poverty have declined in Gujarat between 2004-05 and 2009-10.But the real story is in rural Gujarat, where there has been a very sharp drop in poverty, significantly more than all-India trends. In rural Gujarat, the benefits of growth have trickled down. Subject to all those problems a bout data and measuring inequality, there is no evidence that inequality has increased. Fiscal consolidation Elimination of deprivation requires public intervention and expenditu re, over and above a Stateââ¬â¢s role in providing an enabling environment for private entrepreneurship to bloom and flourish and ensuring rule of law. This requires public expenditure and fiscalGujarat: Governance for Growth and Development < PREVIEW > 3 consolidation. Historically, the problem has been with the revenue deficit, especially after 2008, both because revenue receipts have been lower and because revenue expenditure has been higher. However, since 2011-12, the revenue deficit numbers have also begun to look respectable and the deficit numbers are marginally better than what the 13th Finance Commission envisaged. One of the building blocks of the Gujarat model, so to speak, is to free up space for private sector expenditure in capital formation.One cannot expect capital expenditure, as a share, to increase overnight. The bulk (76%) of capital expenditure is developmental, with social services accounting for 55. 2%. Of the total expenditure, 66. 41% is also development al. 63. 2% of revenue expenditure is developmental. To the extent this reveals a prioritization a ccording to sectors, the major ones are education, sports, art and culture and water supply, sanitation, housing and urban development, in that order. The fiscal consolidation and fiscal space created has enabled Gujarat to plug the gaps in Central sector and Centrally sponsored schemes with State-level schemes.The story isnââ¬â¢t that much about increasing public expenditure. It is more about creating an environment for private expenditure. Apart from private expenditure, the story is about increasing the efficiency of public expenditure, more bang for the buck, so to speak. Physical infrastructure In the power sector, the background is partly the Gujarat Electricity Industry (Reorganization and Regulation) Act of 2003. This allowed the transfer of assets and liabilities of the former Gujarat Electricity Board (GEB).Generation assets were transferred to Gujarat State Electricity Cor poration Limited (GSECL). Transmission assets were transferred to Gujarat Transmission Corporation Limited (GETCO). Four different distribution entities were formed ââ¬â Uttar Gujarat Vij Company Limited (UGVCL), Dakshin Gujarat Vij Company Limited (DGVCL), Pashchim Gujarat Vij Company Limited (PGVCL) and Madhya Gujarat Vij Company Limited (MGVCL). Gujarat Urja Vikas Nigam Limited (GUVNL) had residuary functions, including that of power trading. GUVNL was the holding company.The Gujarat Electricity Regulatory Commission had been set up in 1998 and was brought under the purview of the Electricity Act of 2003. Generation became exempt 4 < PREVIEW > Gujarat: Governance for Growth and Development from licensing, including through non-conventional sources. Open access was allowed to transmission and distribution and distribution f ranchisees were introduced for distribution zones like Bhavnagar, Junagadh, Rajkot, Vishwamitri, Lalbaug, Bharuch, Anand and Mehsana. Metering became manda tory. In 2001, Gujarat was a power deficit State, by roughly around 2,000 MW.By the end of 2012, Gujarat will have a power surplus, though expected increases in GSDP growth also increase the demand for power. However, the Gujarat success story isnââ¬â¢t just about the macro generation situation. It is also about reduction in T&D losses, down from 35. 90% in 2002-03 to 22. 20% in 2006-07. It is 20. 13% in 2010-11. This is partly because T&D losses arenââ¬â¢t actually transmission and distribution losses. They are also about theft and unmetered supply. Other than metering, theft of electricity became a criminal offence and the law was enforced, with distributors insulated from political pressures.There were special checking squads for checking installation, especially for HT connections, and ex-army personnel were roped in. In Sabarmati, Surat, Rajkot, Bhavnagar and Baroda, there were special police stations for power theft. Provisions were made for sealed meters that were tampe r-proof. Through an e-Urja project, electronic billing and payment was introduced. Faulty meters were replaced. Unauthorized connections were regularized through one-time settlements. The Jyotigram Yojana (JGY) ensures 3-phase power supply to all villages. The key was a bifurcation of supply lines into dedicated agricultural feeders.For agricultural use, one would thus be ensured continuous power for 8 hours a day, at pre-determined times. For other rural loads (domestic, commercial and industrial), there would be 24/7 power. 24/7 3-phase supply was provided to JGY feeders. These then provided 8 hours of 3-phase continuous supply to agricultural feeders and 1-phase 24/7 power to other rural uses. The argument about people wanting subsidized power and refusing to pay higher tariffs is misplaced. People are prepared to pay, provided that the quality of power supply improves. It was no different for JGY.Once power at pre-determined hours was available, there was less of an incentive to divert subsidized power for agriculture to domestic household use. JGY helped reduce T&D losses. It also h elped reduce transformer failures. More importantly, it led to all villages being electrified, without load-shedding, and this had positive socio-economic multiplier benefits. Gujarat: Governance for Growth and Development < PREVIEW > 5 If power is important to better peopleââ¬â¢s lives, water is no less so. The overall picture is that Gujarat is a water scarce State. here are several strands in the water sector reforms ââ¬â inter-basin transfer of water from surplus areas to deficit areas like north Gujarat, Saurashtra and Kachchh; the linking of canals; water conservation; participatory irrigation management; micro-irrigation; check dams and smaller dams (such as through the Sardar Patel Water Conservation Programme); deepening of ponds; cleaning and restoration of step wells; community management of water supply in villages through WASMO (Water and Sanitation Managem ent Organization); and the Sujalam Suphalam Yojana (SSY).Water has both a drinking water and an irrigation water component. Something like SSY covers both. While the State has certainly gained because of Sardar Sarovar, that wouldnââ¬â¢t have been possible without the State-wide water supply grid. In terms of affecting peopleââ¬â¢s lives for the better, roads are just as important as electricity and water. Compared to many other States, Gujarat has always had relatively better road infrastructure. 98. 27% of State Highways and 96. 93% of major district roads possess asphalt surfaces. 85. 63% of other district roads and village roads also possess asphalt surfaces. 98. 4% of villages are connected by ââ¬Å"puccaâ⬠roads. Gujarat has also benefited from NHDP. Given the base, the focus has thus been more on upgradation and maintenance, improving access in relatively disadvantaged regions, while simultaneously tapping t he proposed dedicated freight corridor (DFC) between Del hi and Mumbai and the Delhi-Mumbai Industrial Corridor (DMIC). In so far as relatively disadvantaged regions are concerned, the emphasis h as been on all-weather connectivity, particularly in coastal, tribal and border areas. There have been several PPP projects, sometimes externally-aided, with provisions for tolls.The Gujarat Highways Bill of 2007 facilitated PPP projects. There is also a Pragati Path Yojana, for improvement of State Highways, part of which has been completed. In addition, for major projects, third party inspection and monitoring h as been introduced. Maintenance guarantees of 3 to 5 years are i ncorporated in contracts. IT tools have been used for physical monitoring, registration of contractors, court cases and departmental enquiries. In high rainfall districts like Navasari and Surat, village roads have been constructed with cement/concrete. 6 < PREVIEW > Gujarat: Governance for Growth and DevelopmentA point was made earlier about Gujaratââ¬â¢s ability to pl ug gaps in Central schemes with State-level ones. In the context or urban planning, the relevant ones are the Garib Samruddhi Yojana (GSY) and the SJMMSVY (Swarnim Jayanti Mukhya Mantri Shaheri Vikas Yojana). While on the subject of urban planning, or planning in general, it is odd that one of Gujaratââ¬â¢s remarkable successes doesnââ¬â¢t get written about that much. This is the use of GIS maps in decision making. This is through the Bhaskaracharya Institute for Space Applications and GeoInformatics (BISAG), a State-level nodal agency set up in 1997 and renamed BISAG in 2003.BISAG also conducts training programmes and workshops and is involved in delivering over the Gujarat SATCOM n etwork. But more importantly, it uses remote sensing and GIS to facilitate planning. These GIS maps with several layers have already been introduced in all the municipalities. Among other things, this is certainly one initiative that other States should replicate. Education In social infrastructur e, like education, some of Gujaratââ¬â¢s figures may not look that bad if comparisons are made with all-India averages. However, for an economically developed State like Gujarat, is an allIndia average the right benchmark to use?Or, in the area of education, should Gujarat be benchmarked against better States? Having said this, there are two additional points to be borne in mind. First, have there been temporal improvements over time and have remedial measures been taken? There has been a sharp decline in the number of out-ofschool children between 2006 and 2011. Those improvements also come across in National University of Educational Planning and Administrationââ¬â¢s DISE (District Information System for Education) dataset. For example, the average number of classrooms per school has increased. The student/classroom ratios have also improved.The percentage of single-teacher schools has declined. Pupil/teacher ratios have improved. Physical infrastructure is also far better. Consequently, if one has an impression that Gujarat doesnââ¬â¢t do that well on school education, one should check the time-line. Many interventions are of recent vintage and dated data donââ¬â¢t show the improvements. One such intervention is ââ¬Å"Praveshotsavaâ⬠and ââ¬Å"Rathyatraâ⬠, targeted at festivals of admission, particularly for girls. In 2002-03, a Vidya Laxmi Bond scheme was started, for girls, initially in rural areas, but also extended Gujarat: Governance for Growth and Development lt; PREVIEW > 7 to urban BPL families. A sum of money is deposited at the time of admission (in Class I) and this is repaid with interest when the girl passes out of Class VII. Apart from this, there have been improvements in physical infrastructure, some of this under the Van Bandhu scheme f or tribal talukas and the Sagar Khedu scheme for coastal talukas, planning facilitated by the BISAG mapping mentioned earlier. Biometric monitoring of attendance has also been introdu ced. One should mention the Gunotsav programme, designed to improve quality in 34,000 primary government schools. HealthThe case for market failure is generally greater for health than it is for education. If there is a perception that Gujarat doesnââ¬â¢t do that well in social sectors, thatââ¬â¢s truer of health than of education. As with education, there is a time-line issue there too. Since the public healthcare infrastructure is weak, the Chiranjivi Yojana taps the private sector, to employ private sector specialists in safe delivery. While the poor household doesnââ¬â¢t have to pay, the government pays the private sector specialist. The Chiranjivi Yojana was first introduced on pilot basis in 2005 and has picked up since then.The Bal Sakha Yojana has a similar PPP idea. It was launched in 2009 and covers all BPL households and tribal households, even if they happen to be APL. Neonatal care is provided by private enrolled pediatricians, who are then reimbursed by the St ate. Health-care has several dimensions. There is the preventive part, interpreted as clean drinking water, sanitation, sewage treatment and nutrition, be it through MDMS, ICDS, vitamin supplements or otherwise. There is also the preventive part, interpreted as immunization. The State governmentââ¬â¢s focus has clearly been on reducing neo-natal deaths and bringing down the IMR and MMR.Thatââ¬â¢s where the Janani Suraksha Yojana (JSY) comes in, designed to shift poor women to institutional delivery. The percentage of institutional deliveries has sharply gone up from 55. 87% in 2003-04 to 93. 5% in 2011-12. Immunization coverage has also increased. There has been an IMNCI (Integrated Management of New Born and Childhood Illness), launched in 2005, combined with Mamta (Malnutrition Assessment and Monitoring to Act) initiatives, which effectively register a mother and child and track post-natal nutrition, health and immunization status. Perhaps the most interesting of all these e xperiments is the emergency < PREVIEW > Gujarat: Governance for Growth and Development 108 number, which is not just for medical emergencies, but for police and fire emergencies too. This was launched in 2007 and is operated by GVK Emergency Management and Research Institute (EMRI). Governance Gujaratââ¬â¢s economy has often been written about. Rarely have people written about governance, at least directly. But without talking about governance, it is difficult to appreciate what has happened in the State. E-governance is part of the answer, since it reduces the human interface.There have been several e-governance initiatives in Gujarat and e-governance has become functional in all municipalities and municipal corporations. Among the ones that have received awards are e-MAMTA, ICT solutions for planning and monitoring MGNREGS works, OASIS (on-line application and scrutiny of inter-State transactions), e-governance of mineral administration, e-governance initiatives and ICT initiat ives in the Chief Ministerââ¬â¢s Office, on-line voting, e-dhara in the Revenue Department for computerization of land records, SWAGAT (State-Wide Attention on Grievances by Application of Technology) in the ChiefMinisterââ¬â¢s Office, the Integrated Watershed Management Programme (IWMP), e-procurement by the Industry and Mines Department, Value Added Tax Information System (VATIS) in the Office of Commercial Taxes, the Hospital Management Information System (HMIS) of the Health and Family Welfare Department, the Integrated Financial Management System (IFMS) in the Finance Department and ICT usage within the judiciary. A GSWAN (Gujarat State Wide Area Network) connects government offices, down to the level of talukas.The e-Gram Vishvagram project connects 13,716 gram panchayats and 6000 Common Service Centres. If awareness is the first plank of improved governance, elimination of discretion and monopoly is the second. In both education and health, instances have been given ear lier of moving away from traditional government monopolies in delivery. All district offices have Jan Seva Kendras and there are civic centres too, in municipalities and municipal corporations. At these, assorted certificates (caste, domicile, residence, birth, death), affidavits, driving licences and ration cards are issued the same day.Under the e-gram project, some of these have also been taken down to taluka and gram panchayats, facilitated by computerization of Gujarat: Governance for Growth and Development < PREVIEW > 9 land records. There has been third party audit of such Jan Seva Kendras too. The third element of improved governance is decentralization and participatory planning and there is a feedback loop from citizens to government, to suggest ideas to the government. Fourth, the decentralization has now gone down to the level of the taluka.Fifth, that improved governance is also a function of altered mindsets in the bureaucracy, which received a clear focus after the re habilitation work connected with the 2001 earthquake was over. The Chintan Shibirs, annual retreats of Ministers and senior bureaucrats, have been going on since 2003 and are illustrative. Other than the obvious synergies of such retreats, these ensured that government does not work in silos and departments and enabled cross-fertilization of ideas.For example, the idea of each officer at district and taluka levels taking up an innovative project, without financial constraints, emerged through such a Chintan Shibir. Kanya Kelvani, Praveshotsava, Gunotsava, Krishi Melas and p articipation in gram sabha meetings are other instances of taking bureaucracy down to the grassroots. Better formulation of schemes, and better implementation, have resulted. Within government, there is a database of employees and suggestions for better governance have been invited from employees. Transfers, postings and implementation have become more insulated from political interference.Sectoral issues In any discussion of any country or Stateââ¬â¢s economy, it is customary to discuss sectoral compositions of GDP or GSDP early on ââ¬â primary/agriculture, secondary/industry, tertiary/services etc. In popular perception, at least in some quarters, Gujaratââ¬â¢s economic growth is about industry. Gujarat is about an investment destination for industries, about Vibrant Gujarat. It is about sectors like bio-tech a nd pharmaceuticals, chemicals and petrochemicals, engineering, a utomobiles and ancillaries, food and agri-business, gas, oil and power, gems and jewellery and IT.Industry isnââ¬â¢t just about large-scale industry. Thatââ¬â¢s a misconception. The 2009-10 survey of the Annual Survey of Industries (ASI) covered the entire factory sector. This shows an increase in the number of factories to 15,576 and 9. 8% of Indiaââ¬â¢s factories are in Gujarat. At 13. 22%, the share is higher in net value added. In decreasing order of importance, these factories are in segments l ike chemical and chemical products, basic metals, machinery 10 < PREVIEW > Gujarat: Governance for Growth and Development and equipment, non-metallic mineral products, textiles, food products and harmaceuticals. Together, they provided employment of 1. 2 million. Provisional figures show an increase in the number of factories to 25,206 in 2010, with an employment of 1. 3 million. 0. 13 million MSME enterprises in Gujarat were in 369 clusters, a pattern also exhibited in Tamil Nadu and Uttar Pradesh, cluster being defined as a concentration in manufacture of the same product group. This suggests that the positive externalities of cluster formation have tended to work and in all probability, many of these MSME enterprises perform an ancillary function.Also interestingly, at least for SSI, there has been a sharp increase in the number of registered units. Therefore, it is plausible to presume that transaction costs associated with registration have declined, there are greater benefits associated with registration and the tax enforcement machinery has improved. At the lower end of the industrialization spectrum are cottage and rural industries. There are cluster development schemes for khadi, handlooms, handicrafts and skill upgradation and market development schemes.Other than schemes like Sagar Khedu Yojana, Vanbandu Kalyan Yojana, Garib Samruddhi Yojana and even Garib Kalyan Melas, something like Mission Mangalam is also an attempt to integrate animal husbandry, agro processing, food processing, aquaculture, processing of forest products, handlooms, handicrafts, garments, bamboo and timber products into markets, through Sakhi Mandals, self-help groups (SHGs) and other communities of the poor. Gujarat Livelihood Promotion Company Limited (GLPC) was set up in 2010 to implement Mission Mangalam.Part of this inclusion is a financial inclusion agenda. Gujarat is known as a State with a strong manufacturing base and in constant prices, the primary sectorââ¬â¢s sha re in GSDP has declined from 19. 5% in 2004-05 to 14. 6% in 2010-11, a decline that was mentioned before. Agricultureââ¬â¢s share (this includes animal husbandry) has declined from 13. 2% in 2004-05 to 10. 9% in 2010-11. While the share has declined, the growth rate of Gujaratââ¬â¢s agriculture, especially s ince 2000, has been remarkable and has been commented upon.Gujaratââ¬â¢s agriculture has grown at more than 10%. In addition to water, electricity and roads, there have been other factors too. The Krushi Mahotsav programme was started in 2005 and is a month-long mass contact programme with farmers, including mobile ââ¬Å"Krushi Rathsâ⬠. Soil health cards are issued for every plot of land. The Gujarat Cooperatives Gujarat: Governance for Growth and Development < PREVIEW > 11 and Water Users Participatory Irrigation Management Act was passed in 2007 and participatory irrigation management introduced.Through the Sardar Patel Participatory Water Conservation Scheme, c heck dams are built with monetary contribution from beneficiaries, 20% in some cases and 10% in others. Animal health camps have been organized in several villages. The upshot has been agricultural diversification, higher productivity and growth. Of more recent vintage has been the Integrated Wadi and Agriculture Diversification Project (IWADP), started in 2009, though its pilot antecedents date to 2007. Interestingly, IWADP requires a participating entry free from BPL ST families who wish to participate. IWADP has two distinct strands.There is Project Sunshine strand for the dryland regions of north and central Gujarat, w here one tries to push crops like hybrid maize, potato, mustard, pigeon pea and Bt cotton in districts like Sabarkantha, Banaskantha, P anchmahal, Dahod and Vadodara. And there are Jeevika projects for water-intensive areas in south Gujarat, where one tries to push vegetables like tomato, bitter gourd, bottle gourd, okra, pointed gourd, parwal and turmeric and fru its like mango, banana, cashew in districts like Narmada, Valsad, Tapi, Navsari, Surat and Dangs. STs and extremist violenceThe Planning Commission set up an Expert Group on development challenges in extremism affected areas and this submitted a report in 2008. The report mentions the development and governance deficits and deprivation problems among SCs/STs, issues of political marginalization, human rights violations, crimes and atrocities against SCs in rural India, lack of access to traditional resources among ST populations and inadequate grievance redressal through the judicial system. In the 2001 Census, 14. 8% of Gujaratââ¬â¢s population was ST. For districts, the figures were 8. 2% for Kachch, 8. 2% for Banaskantha, 20. % for Sabarkantha, 27. 5% for Panchmahals, 72. 3% for Dohad, 26. 6% for Vadodara, 78. 1% for Narmada, 32. 4% for Bharuch, 28. 2% for Surat, 93. 8% for the Dangs, 48. 1% for Navsari and 54. 8% for Valsad. Gujarat is geographically contiguous with Madhya Pr adesh and Maharashtra, both States affected by extremist violence and districts like Panchmahals, Dohad, Vadodara, Narmada, Surat, Dangs, Navsari and Valsad are border districts too. With geographical proximity, negative spillovers are natural. If those spillovers havenââ¬â¢t 12 < PREVIEW > Gujarat: Governance for Growth and Development appened, thatââ¬â¢s presumably because those developmental intentions have occurred in Gujarat and havenââ¬â¢t in other States. In other words, d eprivation does not automatically lead to Naxalite-type violence, since that deprivation can be addressed. The fact that Gujarat has been able to contain such extremist activity is an achievement that is no less remarkable than the growth miracle. What has Gujarat done that is different? The idea of Tribal Area Sub-Plans (TSPs) has been around since 1974, with financial allocations being made in proportion to shares of STs in total population, with a similar provision for SCs.However, in many insta nces and many States, these are just notional allocations in different line departments, though such funds are not meant to be diverted. When they are more than notional, they are frittered across a variety of schemes. The first element in Gujarat was thus more efficient usage of TSP funds. The planning and budgetary powers were handed over to the Tribal Development Department. In parallel with TSPs, the idea of ITDPs (Integrated Tribal Development Projects) has also been around for quite some time, with Project Administrators given some flexible funds for innovative schemes.Since 1997, discretionary funds have been given to every ITDP district. These are spent on programmes that cater to local needs, plugging gaps in existing schemes. They are thus based on decentralized planning. Chaired by the Project Administrator, Taluka Adijati Vikas Samitis have been constituted in talukas and schemes are approved and implemented by District Adjijati Vikas Mandals. Not only has this made expe nditure more realistic, delinked from templates designed from above, the decentralization has made the planning process more participatory and conveyed a sense of empowerment.This culminated in the Vanabandhu Kalyan Yojana (VKY), launched in 2007, together with the Eleventh Five Year Plan. VKY has 10 components, all designed to mainstream ITDP blocks on the road to development: Natural resources that STs possess are primarily forest-based. 5,000 of Gujaratââ¬â¢s 18,000 villages have large forest areas and following the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest) Rights Act of 2006, Joint Forest Management (JFM) Committees have already been formed in 3,274 villages.This means that the forest areas are jointly managed by local communities, Gujarat: Governance for Growth and Development < PREVIEW > 13 together with the Forest Department. In addition to developing, conserving and protecting forests, this has the implication that local populations ha ve a share in the marketing of timber and non-timber forest produce (NTFP), especially the latter. The JFM villages have been grouped into 252 clusters and micro-entrepreneurship among tribals encouraged, with direct marketing links established between v illage-level JFM committees and marketing centres.However, better livelihoods cannot be based on forest produce alone. That has to come through better productivity of land, facilitated by minor irrigation facilities, and diversification into commercial agriculture, animal husbandry and dairy. There are already demonstrated successes in mangoes, strawberries and cashew, sometimes through the Wadi programme. In addition, there has been dairy and animal husbandry, with the additional benefit that it has improved nutritional standards of tribal population and corrected diet deficiencies. The environmentFor the environment, a Kuznets curve is sometimes postulated. T his simply means that, as economic development occurs, the environment d egrades. When economic development crosses a certain threshold, measured say by per capita income, greater attention is paid to the environment and indicators tend to improve. In other words, the relationship is in the form of an inverse-U. The empirical evidence for this relationship is often debated. It seems to work better for water and air pollution, less well for other measures of environmental protection.Without getting into details of that debate, Gujaratââ¬â¢s per capita income is roughly equal to the all-India average. With compulsions of growth and urbanization, one would have expected the Stateââ¬â¢s environmental indicators to be worse than they are, and for the environment to be less of a priority. Even for interesting is what empirical studies tend to find on the links between deforestation and economic development. Crosscountry, the threshold there is something like 5000 US dollars and Gujarat is far short of that.In terms of the Kuznets curve, Gujarat is thus a head of the curve. T he department of climate change was set up in 2009 and its priorities are ââ¬â the promotion of green technologies and funding research in this, the earning of more carbon credits, power saving, the 14 < PREVIEW > Gujarat: Governance for Growth and Development preservation of groundwater, promotion of CNG networks, the increase of mangrove cover, the preparation of a multi-dimensional climate change policy, introducing curricula on climate change in educational institutes and creation of public awareness.Consider this. Despite the emphasis on industrialization, refineries and port-led development, there have been no major environmental disasters in Gujarat, along the coast, or elsewhere. Established in 2010, the Society of Integrated Coastal Management (SICOM) has implemented an Integrated Coastal Zone Management (ICZM) project in the Gulf of Kachchh, together with two other such projects in Odisha and West Bengal. There are several dimensions to protecting the environment ââ¬â water, air, waste, forests, wild-life and so on.Institutionally, the Forests and Environment Department has four executing agencies ââ¬â the Gujarat Pollution Control Board (GPCB), the Gujarat Ecology Commission (GEC), the Gujarat Institute of Desert Ecology (GIDE) and the Gujarat Environmental Management Institute (GEMI). GPCB has draft action plans for critically polluted areas like Ankleshwar, Vapi, Ahmedabad, Vatva, Bhavnagar and Junagadh. There has been an emphasis on cleaner production technologies in industries like dye and dye intermediates, chemicals and petrochemicals, p harmaceuticals, textiles, food and agro-based industries, fisheries and pulp and paper products.Defaulting industrial units have been served closure notices. Common effluent treatment plants (CETPs), sewage treatment plants (STPs), Common Hazardous Waste Treatment, Stabilization and Disposal Facilities (TSDFs), Common Biomedical Waste Treatment, Stabilization and Disposal Facil ities (CBMWTFs) and common incinerators have been set up. 22 illegal hazardous dumping sites were identified and hazardous waste there shifted to TSDFs. The 2009 Industrial Policy includes environment management as part of infrastructure development and provides for these being developed on PPP basis in new industrial estates.Municipal townships and colonies also have sewage treatment plants. Municipal waste is treated and disposed of through common secured landfills and Gujarat Urban Development Company Limited creates the infrastructure for treatment, transportation and disposal. There are several Clean Development Mechanism (CDM) projects, with certified emission reduction (CER) norms. There are plans for controlling air pollution in 7 cities and there is an ambient air quality monitoring programme for Gujarat: Governance for Growth and Development < PREVIEW > 15 Ahmedabad, Vadodara, Surat, Vapi, Bharuch and Rajkot.One should mention the Nirmal Gujarat Mission too, launched in 20 07, focusing on cleanliness, the environment and public health. This has several different components ââ¬â managing waste in industries, transportation and hospitals; protecting water bodies, trees, green spaces and heritage buildings; capacity-building; creating public awareness; and bringing about behavioural changes. This isnââ¬â¢t only about urban Gujarat. For example, there are community-managed Decentralized Wastewater Treatment Systems (DEWATS), which also encourage local people in rural areas to build their own toilets, and there is also a campaign against open defecation.Given Gujaratââ¬â¢s growth, much more remarkable has been the increase in forest cover. Despite the extraction of timber, fuel-wood and bamboo, and commercial exploitation of NTFP and pressures of development and urbanization, this increase in forest cover is not something one would have expected a priori. In addition to traditional forests, 25,000 hectares of mangrove forests have been added in c oastal areas. These are carbon sinks and absorb an estimated 50 tons of carbon per hectare. The big picture is a simple one. With the emphasis on growth and industrialization, it would have been easy for Gujarat to pay scant attention to the environment.Especially since the 11th Five Year Plan (2007-12), this isnââ¬â¢t quite what has happened. There is increased attention to protecting the environment and sustainable development. If there is a trade-off between the two objectives, and that proposition can be contested, Gujarat hasnââ¬â¢t accepted the trade-off. In conclusion Is there a Gujarat story? Clearly, there is. Thatââ¬â¢s reflected in high GSDP growth since 2002 and is also reflected in poverty declines, with no significant increase in inequality, data constraints notwithstanding.Is this reflected in human development outcomes improving, especially i n backward geographical regions and backward segments of the population? The evidence suggests that there have been i mprovements, especially after the conscious focus on such regions and segments since the Eleventh Plan (2007-12). Therefore, if Gujarat is being criticized on inequitable development, the time-line of data points is important. Pre-2007 data are not pertinent and one must also remember that 16 < PREVIEW > Gujarat: Governance for Growth and Development social sector outcomes often improve with a time-lag.At best, one can complain that these improvements are not yet reflected in northern and central Gujarat. If one accepts this Gujarat story, one can move on to the next question. What is the Gujarat model and what has happened? It is one of freeing up space for private initiative and enterprise and the creation of an enabling environment by the State. It is one of decentralization o f planning and empowering people. It is about targeted public expenditure through specific schemes, supplementing CSS-s with Statespecific schemes. It is one of bureaucratic empowerment and improving the ef ficiency of public expenditure.It is one of feedback loops from the government machinery to people and from people to the government machinery. It is one of delivering public goods (water, roads, electricity, schools, education). Stated thus, this is a standard development template that any State ought to adopt and implement. The difference is that not too many States have implemented the template. It is always difficult to disentangle the various factors that go into ensuring the successful implementation of the Gujarat model. First, there is a legacy factor and earlier Gujarat governments, prior to 2002, have left positive impact.Second, Gujarat has had a healthy tradition of private entrepreneurship and an equally healthy skepticism of government. Third, in sectors like water and roads, Gujarat has also benefited from favourable exogenous circumstances, as it has from negative push factors in other States, automobiles and auto ancillaries being an obvious instance. Fourth, the pr esent political leadership has also had a role in empowering the bureaucracy, clamping down on corruption, decentralizing planning and delivery and focused intervention for backward regions and segments.While disentangling is difficult, it would be uncharitable and unfair to deny this fourth element. The pride in ââ¬Å"asmitaâ⬠begins from the top. And if that is disseminated and successfully trickles down, quite a bit has been achieved. * Gujarat: Governance for Growth and Development, Bibek Debroy, September 2012. Published by Academic Foundation, New Delhi; hardcover, pages 166, all colourââ¬â includes maps and photographs; ISBN 13: 9788171889815; Rs 795; US $39. 95. www. academicfoundation. com
Modes of Acceptance
An acceptance must be communicated for it to be effective and valid. The mental assent of both parties is not required but the external manifestation should exist. The acceptor must dos something in order to notify his acceptance. For example, he should communicate his acceptance of the offeror. This can be illustrated in the case of Brogden v Metropolitan Railway Co (1877) 2 App Cas 666. In this case, the defendants had for some years supplied the plaintiffs with coals. It was suggested by the defendants that a contract should be entered into between them. After their agents had met, the terms of the agreement were drawn up by the plaintiffs' agent and sent to the defendants. The head of the defendants' firm filled up certain parts of the agreement which had been left blank, inserted the name of the proposed arbitrator, wrote ââ¬Å"approvedâ⬠at the end of the page, and signed his own name. The defendants' agent sent the document back to the plaintiffs' agent, who put it in his desk. Nothing further was done to execute the agreement. For some time, both parties acted in accordance with the arrangements stated in the document. Subsequently, the defendants declined to continue the supply of coals in this manner. The plaintiffs brought an action for damages for breach of contract. The defendants denied the existence of any contract for the supply of coals. the House of Lords held that there was no acceptance of the offer. Although there may be mental assent, the act of the plaintiff's agent putting the document into his desk would not amount to communication of the acceptance. However, the House of Lords held that by virtue of the course of dealings of the parties in the ordering and supply of the coals, such conduct amounted to an acceptance. The communication of an offer and an acceptance, which are the requirements of a valid agreement, is stated in Section 3 of the Contracts Act 1950. It was described that the communication of proposals, the acceptance of proposals, and the revocation of proposals and acceptances, respectively, are deemed to be made by any act or omission of the party proposing, accepting, or revoking, by which he intends to communicate the proposal, acceptance, or revocation, or which has the effect of communicating it. Communication of an acceptance is also illustrated in the Contracts Act 1950. It was described in Section 4(2) of the Contracts Act 1950 when the communication of acceptance will be complete. It was stated in Section 4(2)(a) that the communication of acceptance against the proposer is complete, when it is put in the course of transmission to him, so as to be out of the power of the acceptor. It was stated in Section 4(2)(b) that the communication of acceptance as against the acceptor is complete when it comes to the knowledge of the person whom it is made to who is the proposer. This is further explained in Illustration (b) that the communication of the acceptance is complete as against A, the proposer, when the letter is posted; and as against B, the acceptor, when the letter is received by A, the proposer. Besides that, Section 9 of the Contracts Act also describes the mode of acceptance. It provides that as far as an acceptance is made in words, the promise is said to be express. If the acceptance is made otherwise than in words, the promise is then said to be implied. Thus, an acceptance can be made through conduct. Section 8 of the Contracts Act provides for such acceptance where it is through the performance of conditions in a proposal. This can be seen in the case of Carlill v Carbolic Smoke Ball Co [1892] 2 QB 484; [1893] 1 QB 256. In this case, , the defendant, a proprietor of a medical preparation called ââ¬Å"The Carbollic Smoke Ballâ⬠issued an advertisement offering to pay a sum of money to person who contracted influenza even after using the ball in the prescribed manner and time. Defendant banked in a sum of money to gain the confidence of the public. Plaintiff bought and used the ball in the manner prescribed and caught influenza. She claimed for the compensation but the defendant refused to compensate her. She then sued the defendant. Defendant contended that the advertisement was a mere puff and was not intended to create a binding obligation. Court of Appeal held that an offer can be made to the world and it becomes a contract when any person performs the condition. It was also mentioned in Section 7(b) of the Contracts Act that where the mode of cceptance is specified in the offer, the acceptor must communicate his acceptance in that mode. If no mode is specified, acceptance by any usual and reasonable manner which shows the acceptor's intention to accept is sufficient. There are a few types of communication of acceptance. First is via post or telegram. There is a difficulty in this type os communication of acceptance due to the time lag between sending and receiving and in situations where the acceptance is not received by t he offeror without the fault of either party. The general rule at common law is that acceptance is complete when it is brought to the notice of the offeror. But it was stated in the postal rule that an acceptance is complete when the letter containing such acceptance is posted, or when the telegram containing such acceptance is handed in. This can be seen in the case of Household Fire and Carriage Accident Insurance v Grant (1879) 4 EX D 216; 41 LT 298, CA. In this case, the defendant made an application for shares in the plaintiff's company under circumstances from which it must be implied that he authorised the company, in the event of their allotting to him the shares applied for, to send the notice of allotment by post. The company did allot him the shares, and posted a letter duly addressed to him containing the notice of allotment, but it was found as a fact that the letter never reached its destination. The defendant never paid the price of the shares as stated in the application. Subsequently, the company went into liquidation and the official liquidator applied for the unpaid price of the shares from the defendant. The defendant declined to pay on the ground that he was not a shareholder. The Court of Appeal affirmed the judgment of Lopes J and held that the defendant was liable as a shareholder. In this case, the Court applied the postal rule. Thus, the communication of the company's acceptance of the defendant's application for, and allotment of shares which was sent by post was complete once it was posted. Thesiger J explained the rationale of the postal rule as follows: ââ¬Å"I see no better mode than that of treating the post office as the agent of both parties â⬠¦ But if the post office be such common agent, then it seems to me to follow that, as soon as the letter of acceptance is delivered to the post office, the contract is made as complete and final and absolutely binding as if the acceptor had put his letter into the hands of a messenger sent by the offerer himself as his agent to deliver the offer and receive the acceptance. I am not prepared to admit that the implication in question will lead to any great or general inconvenience or hardhip. An offerer, if he chooses, may always make the formation of the contract which he proposes dependent upon the actual communication to himself of the acceptance. If he trusts to the post he trusts to a means of communication which, as a rule, does not fail, and if no answer to his offer is received by him, and the matter is of importance to him, he can make inquiries of the person to whom his offer was addressed. On the other hand, if the contract is not finally concluded, except in the event of the acceptance actually reaching the offerer, the door would be opened to the perpetration of much fraud, and, putting aside this consideration, considerable delay in commercial transactions, in which despatch is, as a rule, of the greatest consequence, would be occasioned; for the acceptor would never be entirely safe in acting upon his acceptance until he had received notice that his letter of acceptance had reached its destinationâ⬠. The application of the postal rule can also be seen in the case of Adams v Lindsell (1818) 1B & Ald 681. In this case, the defendants, who were dealers of wool, had on September 2, written to the plaintiffs, woollen manufacturers, offering to sell to them a number of fleeces. They required an answer ââ¬Å"in course of postâ⬠. The letter was misdirected by the defendants, and consequently was not received by the plaintiffs until September 5. On the same evening, the plaintiffs wrote an answer, agreeing to accept the offer on the terms proposed. The acceptance did not reach the defendants until September 9. On September 8, the defendants, not having received an answer on September 7, as they had expected, sold the wool, to a third party. The Court applied the postal rule of acceptance and held that the acceptance was complete as against the defendants on September 5. For example, prior to the revocation of their offer through the sale of the wool to the third party on September 8. The Court held that if the rule was that no contract could be formed until the acceptance was actually received, no contract could ever be completed; for if the defendants were not bound by their offer till the answer was received, the plaintiffs ought not to be bound till after they had received the notification that the defendants had received their answer and assented to it, and so it might go on ad infinitum. An acceptance should be made in the usual and reasonable manner. It can be seen in the case of Henthon v Fraser[1892] 2 Ch 27. In this case, the claimant received a note from the defendant with an offer to purchase a certain property within 14 days. The claimant responded to the offer with an acceptance posted the next day via mail. The defendant withdrew the offer before receiving the acceptance, but after the acceptance was posted. Court of Appeal inferred that both parties would have contemplated that the letter be sent by post. Lord Herschell stated: ââ¬Å"In the present case an authority to accept by post must be implied. Although the Plaintiff received the offer at the Defendants' office in Liverpool, he resided in another town, and it must have been in contemplation that he would take the offer, which by its terms was to remain open for some days, with him to his place of residence, and those who made the offer must have known that it would be according to the ordinary usages of mankind that if he accepted it he should communicate his acceptance by means of the post where the circumstances are such the acceptance is complete as soon as it is postedâ⬠. In the case of Holwell Securities Ltd v Hughes [1974] 1 WLR 155. In this case, the defendant issued a grant to sell a property at 571 High Road, Wembley. It contained a clause stipulating that there must be notice in writing within six months in order to exercise the option. The claimants sent a letter exercising the option. It was lost in the mail and was never received by the defendant. The Court placed much emphasis on the meaning of notice which must mean that it must be known or intimated to the vendor who never was since the letter carrying the information went astray. Lawton Lj referred to the postal rule but held that it would not apply if the offer expressly specifies that the acceptance must reach the offeror and if application of the rule causes ââ¬Å"manifest inconvenience and absurdityâ⬠. In the case of Lee Seng Heng & Ors v Guardian Assurance Co Ltd [1932] MLJ17. In this case, the plaintiffs insured their stock in trade with the defendants against fire. Subsequently, a fire broke out on the insured premises and the plaintiffs made a claim under the policy. The defendants' solicitors wrote to the plaintiffs saying that on the date of the fire, the policy had ceased to exist as they had previously written to the plaintiffs cancelling the policy. This letter was never received by the plaintiffs as there was no post office at Buloh Kasap. The nearest post office was at the town of Segamat and the practice at Segamat was to send a postman to Buloh Kasap only when the amount of correspondence justified a special journey. The letter in question had been kept at Segamat and had only been brought to Buloh Kasap by the postman after the fire. As the plaintiffs' premises had been burnt down, the addressee could not be found. Munson CJ stated that ââ¬Å"The only point, therefore, left for me to decide is whether the post was properly used here as an agent by the Defendants in sending their letter of the 27th March. The Plaintiffs acted from Buloh Kasap five miles from Segamat which is some 125 miles from Singapore and some 50 miles from Malacca. It is difficult to see how they were ordinarily to communicate if not by post â⬠¦ I hold as Farwell J. did in Bruner v. Moore, that ââ¬Å"the parties in this case contemplate that the post might be used as a means of communicating on all subjects connected with the contract. â⬠In these circumstances it is clear that the sender of the letter is not responsible for any delay in the post I hold, therefore, that the rescission of the policy was effected at the moment that the letter of the 27th March was posted, that is on the 27th March, 1931, and that the policy was non-existent at the date of the fireâ⬠. The second mode of communication is via telex or telephone. Communications through the telex and telephone are different from posting and the postal acceptance rule does not apply. They are considered instantaneous communication where parties are regarded to be in each other's presence and is complete only when it is received. It can be seen in the case of Entores Ltd v Miles Far East Corporation [1955] 2 QB 327. In this case, the plaintiffs were an English company and the defendants were an American corporation with agents all over the world, including a Dutch company in Amsterdam. The plaintiffs wished to make a contract with the defendants' Dutch agents for the purchase of copper cathodes from the defendants. A series of communications passed by telex between the plaintiffs and the Dutch company, the material one being a counter-offer made by the plaintiffs on September 8, 1954, and an acceptance of that offer by the Dutch agents on behalf of the defendants received by the plaintiffs in London by telex on September 10, 1954. The plaintiffs later alleged that there had been a breach of contract by the defendants. They applied for leave to serve notice of a writ on the defendants in New York on the ground that the contract was made in England and, therefore, fell within the Rules of the Supreme Court. The defendants contended that the contract was made in Holland. The Court ruled that the communication through telex in this case was instantaneous and the contract was made at the place where acceptance was received, in this case, in London. Denning LJ considered the matter in stages. First is, when a contract is made by post it is clear law throughout the common law countries that the acceptance is complete as soon as the letter is put into the post box, and that is the place where the contract is made. But there is no clear rule about contracts made by telephone or by telex. Second is communications by these means are virtually instantaneous and stand on a different footing. The problem can only be solved by going in stages. Let me first consider a case where two people make a contract by word of mouth in the presence of one another. The communication of telex acceptances was also applied in Brinkibon Ltd v Stuhag Stahl [1983] 2 AC 34, HL. In this case, Brinkibon was a London company that purchased steel from Stahag, a seller based in Austria. Brinkibon sent their acceptance to a Stahag offer by Telex to Vienna. Brinkibon later wanted to issue a writ against Stahag and applied to serve an out of jurisdiction party. They would only be able to do so if the contract had been formed in England. The question at issue was where the contract was formed. The House of Lords held that the contract was made in Vienna. The next mode of communication is acceptance by conduct. In the case of Taylor v Allon [1966] 1 QB 304 , the appellant's motorcar had been insured by an insurance company called ââ¬Å"The Federated Employers Insurance Association Ltdâ⬠, the policy expiring on April 5, 1964. He obtained a temporary cover note for 30 days from a new insurance company on April 16. It was found as a fact that on the expiration of the old policy he never intended to renew it with the old insurance company. His old insurance company sent him a temporary cover note for 15 days from April 6. Where parties conduct themselves in a manner which indicates that they consider themselves bound by an agreement between them, a contract will be held to have come into existence. In the case of Woon Yoke Lin v United Estate-Projects Berhad [1998] 4 AMR 4052, the High Court held that the defendants, had accepted the plaintiff's offer to rent a kiosk in Subang Parade which was owned by the defendants. The Court referred to the following five expressions of conduct of the defendants: first, they did not reply within 14 days (the booking form stated that if the plainitif's application was not accepted the deposit would be refunded within 14 days); secondly, they accepted the booking fees and paid this sum into their own account; thirdly, they did not return this sum of money within 14 days as provided in the booking form; fourthly, they could have rejected the tenancy agreement and the money which accompanied it upon receipt of these items, but they kept it; and fifthly, instead of rejecting the plaintiff's offer, they negotiated with the plaintiff to relocate. In EMS Bowe (M) Sdn Bhd v KFC Holdings (M) Bhd & Anor [2000] 1 AMR 677, the plaintiffs submitted a tender for some works to the defendants. Subsequently, the second defendant issued to the plaintiffs a draft letter of award for the works and had also instructed the plaintiffs to order in advance materials for the works. The plaintiffs ordered the materials but the award was given to another contractor. The High Court held that a draft offer acted upon by one party with the knowledge and concurrence of the other party has converted it into a written agreement and thus there was a valid and binding contract in this case. The next mode of acceptance is acceptance by performing conditions stipulated in offer. In Carlill v Carbolic Smoke Ball Co [1892] 2 QB 484; [1893] 1 QB 256, the Court of Appeal held that Mrs Carlill had indicated her acceptance by performing the conditions set out in the advertisement. In this case, Mrs Carlill had contracted influenza after using the smoke balls in the manner specified in the advertisement. The defendants' submission that Mrs Carlill did not inform them of her intention to accept their offer of the reward was rejected by the Court. It was held that Mrs Carlill had accepted the offer by performing the conditions stated in the offer. This mode of acceptance is recognised in s 8 of the Contracts Act that ââ¬Å"performance of the conditions of a proposal â⬠¦ is an acceptance of the proposalâ⬠. There is also acceptance by silence. An issue that arises is whether silence can amount to an acceptance. In Fraser v Everett (1899) 2 SLJ 81; (1889) 4 Ky 512, the Court held that the defendant who had contracted for the transfer of scrip was entitled to obtain what he had bargained for and could not be compelled to accept a bearer-warrant. It was the plaintiff's contention that, by not replying to the broker's letter of April 25 informing him that the certificates were being exchanged for bearer-warrants, the defendant must be taken to have waived this objection. The Court held that there is rule of law like the saying ââ¬Å"Silence gives consentâ⬠applicable to mercantile contracts. In this case, the omission to reply does not constitute a waiver. In the case of Felthouse v Bindiey (1862) 11 CBNS 869; 142 ER 1037, the plaintiff wrote to his nephew offering to buy the nephew's horse and adding that ââ¬Å"If I hear no more about him, I consider the horse is mine at 301. 15sâ⬠. The nephew did not reply and no money was paid. The horse remained in the nephew's possession. Six weeks afterwards, the defendant, an auctioneer who was employed by the nephew to sell his farming stock, was directed by the nephew to reserve the horse in question, as it had already been sold, but by mistake had put it up with the rest of the stock and sold it. The plaintiff sued for conversion of the horse and the issue arose whether there was -a concluded contract between the plaintiff and his nephew for the sale of the horse. The Court held that there was none. Although the nephew had intended to sell the horse to the plaintiff at the price at which the plaintiff had named, this was not communicated and silence did not amount to an acceptance. Willes J stated ââ¬Å"It stood an open offer â⬠¦ he nephew in his own mind intended his uncle to have the horse at the price which he had named 15s but he had not communicated such intention to his uncle, or done anything to bind himself â⬠. In the case of Re Selectmove Ltd [1995] 2 All ER 531, CA the Court of Appeal gave its view that silence could be interpreted as acceptance in exceptional circumstances. Peter Gibson LJ stated where the offeree himself indicates that an offer is to be taken as accepted if he does not indicate to the contrary by an ascertainable time, he is undertaking to speak if he does not want an agreement to be concluded. I see no reason in principle why that should not be an exceptional circumstance such that the offer can be accepted by silence. But it is unnecessary to express a concluded view on this pointâ⬠. Lastly is the mode of acceptance stipulated by the offeror. An offeror may prescribe the mode of acceptance. In Manchester Diocesan Council for Education v Commercial & General Investments Ltd, [1970] 1 WLR241, Buckley J laid guidelines on this matter. If an offeror stipulates by the terms of his offer that it may, or that it shall, be accepted in a particular manner a contract results as soon as the offeree does the stipulated act, whether it has come to the notice of the offeror or not. In such a case the offeror conditionally waives either expressly or by implication the normal requirement that acceptance must be communicated to the offeror to conclude a contract. If an offeror, who by the terms of his offer insists on acceptance in a particular manner, he is entitled to insist that he is not bound unless acceptance is effected or communicated in that precise way, although if the other party communicates his acceptance in some other way, the offeror may by conduct or otherwise waive his right to insist on the prescribed method of acceptance. In the case of in Manchester Diocesan Council of Education was referred to in Yates Building Co Ltd v RJ Pulleyn & Sons (York) Ltd. In this case, the respondents granted the appellants options to purchase three portions of land. The option clause ââ¬Å"shall be exercisable by notice in writing â⬠¦ such notice to be sent by registered or recorded delivery post to the registered office of Pulleyns or the offices of their said solicitorsâ⬠. However, this notice was sent by ordinary post and not by registered or recorded delivery post. It arrived before the expiry date but the respondents' solicitors replied that the requirement that the notice be sent by registered or recorded delivery post had not been- fulfilled and returned the cheque. Lord Denning MR held that where the offeror has prescribed a particular method of acceptance, but not in terms insisting that only acceptance in that mode shall be binding, acceptance communicated to the offeror by any other mode which is no less advantageous to him will conclude the contract. In conclusion, acceptance should be communicated and there are various modes of communication of an acceptance. This is to ensure that the communication of acceptance is complete and there is a valid contract between two parties.
Friday, August 30, 2019
Characterisation of Eddie Carbone Essay
Explore the ways a central character is presented in the drama text. Use examples from the text in your response. Eddie Carbone, a 40 year old Italian American Citizen from Sicily, is the tragic protagonist of A view from the Bridge by Arthur Miller. Alfieri, the chorus in the story, first introduces Eddie as a good, hard working man who does normal things like raising a family, eating, getting old, etc. However as Alfieri states, no one can know what his true self is like. Alfieri prepares us for the discovery of the secrets in the play. That two illegal immigrants Marco and Rodolfo are taking shelter in Eddies home and Eddieââ¬â¢s deep secret of his quasi-incestuous desire for his niece, Catherine. At first, Eddie is shown as a good man who is happy and respected by his family. Eddie behaves like a normal, fairly overprotective uncle towards Catherine and the audience would probably not have guessed that he has any desire of her other than the standard uncle and niece relationship. However it is not the standard uncle and niece relationship in Eddieââ¬â¢s mind but far more complex. The first sense of uneasiness we see is when Catherine lights his cigarette. Eddie receives some kind of unnatural pleasure from this experience. A woman lighting a manââ¬â¢s cigar can have a sexual implication and this is what Eddie see in Catherine. Knowing that Eddie has these feelings, there are clues earlier back in the text to his obsession with Catherine. When Catherine sits on her heel beside him, he criticizes the length of her skirt. He doesnââ¬â¢t want Catherine to look attractive in public because he is worried that some man might ask her out. He wants Catherine all to himself and does anything he can to prevent her from getting a boyfriend. Eddie also does not want her moving out of his home. He wants Catherine always within his grasp. When Catherine tells Eddie that she got a new job, he disapproves straight away: ââ¬Å"No ââ¬â no, you gonna finish school. What kina job, what do you mean? All of a sudden you-ââ¬Å". He is very panicky and disturbed by this information that Catherine is getting a job meaning that Eddie would see Catherine less which seem like a realistic reason for an uncle to be upset about, but knowing Eddieââ¬â¢s true intentions, he want Catherine to be near to him as close as possible. Eddieââ¬â¢s inner feelings are also somewhat exposed during when Eddie and Beatrice argue. Although Eddie cannot yet grasp his own feelings, is seems like other character like Alfieri and Beatrice are aware of his interest in Catherine: Eddie: ââ¬Å"What are you mad at me lately? â⬠Beatrice: ââ¬Å"Whoââ¬â¢s mad? â⬠¦ Youââ¬â¢re the one is mad. â⬠Eddie is referring to ââ¬Å"madâ⬠as in angry and asking why Beatrice is cross with him. Beatrice responds by referring to the ââ¬Å"madâ⬠as in mentally insane and suggests that Eddie had lost his mind, which he eventually does. Eddie is also show to be a selfish natured and an untrustworthy man. He reminds Beatrice not to let her tired cousins sleep in his bed because the bed is his own property. This could link with the way that he feels about Catherine; she is his personal property and that no one can ââ¬Ëuseââ¬â¢ his personal property apart from himself. Eddieââ¬â¢s experience with life and work has led him to become untrusting of others. He advises Catherine ââ¬Å"the less you trust, the less you be sorryâ⬠showing that Eddie has not trusted al lot of people in his life and that when he does, it turns out going wrong. This prepares us for the suspicion and distrust he has when Rodolfo arrives. Eddie becomes increasingly jealous of Catherineââ¬â¢s interest in Rodolfo. ââ¬Å"Catherine: (enthralled) Leave him finish, itââ¬â¢s beautiful! â⬠Catherine likes Rodolfo from the instant she met him and Eddie, aware of this is, wants Catherine to like him in the same way instead of Rodolfo. Eddie quickly comes up with an excuse to stop Rodolfo from singing by saying that ââ¬Å"you donââ¬â¢t want to be picked up, do ya? â⬠which seems like a plausible reason ââ¬â if Rodolfo sings too loud then someone might notice something strange and inquire. However Eddieââ¬â¢s true motive for preventing Eddie from singing is to stop Catherine from being amazed by Rodolfo. Eddieââ¬â¢s jealousy becomes further exposed as his face is described as being ââ¬Ëpuffed with troubleââ¬â¢ in the stage direction where Catherine is making Rodolfo coffee. He is jealous that Catherine is getting Rodolfo a drink when before Catherine was getting him a beer. Eddie state of mind is shown when Catherine is talk to Eddie after she has got back from Brooklyn Paramount with Rodolfo. Catherine has told Eddie that she likes him and the stage directions show hiswd reaction to this: ââ¬Å"He looks at her like a lost boyâ⬠. Eddie feels a sort of saddened jealousy but he is unable to realize this dishonourable emotion and incapable of admitting this to himself. He is indeed emotionally ââ¬Å"lostâ⬠. Eddieââ¬â¢s obsession with Catherine and his spiteful nature grows throughout the story. He tries to do anything he can to put Catherine of Rodolfo. In his conversation with Beatrice, Eddie says to her that he is homosexual: ââ¬Å"Paper Doll theyââ¬â¢re callinââ¬â¢ him. Canary. Heââ¬â¢s like a weirdâ⬠. Eddie is trying to make Beatrice and everyone turn against Rodolfo but ironically everyone turns on him. Eddie tells Catherine that Rodolfo only likes her because he wants to obtain an American citizenship by marrying her: ââ¬Å"Katie, heââ¬â¢s only bowinââ¬â¢ to his passportâ⬠. Eddie is trying to make Catherine doubt Rodolfo but this is unsuccessful and ends up in Catherine distrusting Eddie. This strong obsession Edie has with Catherine did not just start when the cousins arrived but has been an ongoing process from before. This is shown in Eddieââ¬â¢s conversation with Beatrice where she tells him that she has worries of her own: ââ¬Å"When am I gonna be a wife again, Eddieâ⬠¦ Itââ¬â¢s almost three monthsâ⬠. Eddie and Beatrice have had no sexual affiliation for three months because all that has been on his mind is Catherine. Near the end of Act 1, Eddieââ¬â¢s is show to be violent and cold hearted. He mocks Rodolfoââ¬â¢s skills in singing, making clothes and cooking and compares him to himself and say that this is no place for him. He is suggesting that he is not manly enough to be here like him and that he should be in some other place. Eddie tries to supposedly ââ¬Å"teachâ⬠Rodolfo boxing all of a sudden: ââ¬Å"Well, come on. Iââ¬â¢ll teach youâ⬠However Eddie knows that Rodolfo is weaker than he is and uses this as an excuse to punch Rodolfo in the face and show everyone, especial Catherine, how weak Rodolfo is and to humiliate him however this had the opposite effect and exposes how sadistic Eddie can be. Eddies motives for his actions all originate from his quasi-incestuous love for his niece. As Alfieri describes, ââ¬Å"His eyes were like tunnelsâ⬠, he can only see Catherine and no one else. He cannot understand why he only sees Catherine but that is all he sees and refuses to let any feeling or any person enter that tunnel nd making sure that Catherine stays only in his tunnel and not anyone elseââ¬â¢s. Significantly, the lyric of the song Rodolfo sings, ââ¬Å"Paper Dollâ⬠, symbolically reflects Eddieââ¬â¢s feelings for Catherine: ââ¬Å"Itââ¬â¢s tough to love a doll thatââ¬â¢s not your ownâ⬠ââ¬Å"Iââ¬â¢m gonna buy a paper doll that I can call my ownâ⬠ââ¬Å"A doll that other fellows cannot steal. â⬠Figuratively, Eddie is the one singing the song and Catherine is the subject of the song, the doll, and that is has been ââ¬Ëstolenââ¬â¢ by someone ââ¬â Rodolfo. This song was carefully chosen by Arthur Miller to act as an intimation of what was to come. Eddie is unable to comprehend his true feelings but other characters have a clearer view than he does. Like Alfieri, who knows of his love for his niece and describes this as ââ¬Å"a passion that had moved into his bodyâ⬠. This is significant because this metaphor is close to the truth of what has happed to Eddie; this newly found passion of Catherine as grown over time and has became strong enough so that it fully controls his body, and is behind every action in Eddieââ¬â¢s life. Eddieââ¬â¢s first conversation with Alfieri shows that Alfieri knows his feelings: ââ¬Å"sometimes even a daughter, and he never realizes it, ut through the years ââ¬â there is too much love for the daughter, there is too much love for the niece. Do you understand what Iââ¬â¢m saying to you? â⬠But Eddie does not fully understand what Alfieri is saying, he think Alfieri mean ââ¬Å"loveâ⬠and in a Uncle and niece love, but Alfieri knows Eddies feeling and is talking about real physical love for Catherine. Eddie blindness towards his inner feeling and stubbornness in letting go of Catherine are Eddieââ¬â¢s tragic flaws that bring upon his downfall.
Thursday, August 29, 2019
International management Essay Example | Topics and Well Written Essays - 2500 words - 1
International management - Essay Example Though The global financial crisis battered many European businesses, Bernard Arnault, the manager of LMVH, believes that his company will not suffer much in the long run, but will, on the contrary, continue growing in emerging markets; particularly China, India and Russia. This means the manager has faith in his strategy and, indeed, investing into further growth instead of cutting budgets in times of a financial crisis will provide the company with an advantage of getting new sources of income. LVMHââ¬â¢s management seems to understand the continuous need for development. As a result, the company will not lose its existing market share because of cost cuts (Pacek & Thorniley, 2007, p. 11). Arnault is setting realistic goals to achieve sustainable growth in the upcoming years. Working internationally Furthermore, intention to work in the emerging markets of China, India and Russia is very logical considering that in the emerging markets LVMHââ¬â¢s products will be filling larg e existing voids and, in addition, the company will have fewer competitors than in the developed markets (Miller, 1998, p. 148). So an emerging market is always a good environment for companyââ¬â¢s success. Nevertheless, LVMH will face a number of challenges and risks entering the new markets. Among them are differences between cultures, political uncertainty, and currency exchange risks. As for all the other aspects, risks of domestic firms are basically similar to those of multinational ones and, hence, a decision of the company not to operate overseas may be caused only by these two mentioned above factors. At the same time, a multinational company, despite larger number of risks, has more advantages in comparison with a domestic one. The reason for it is the fact that while, exposed to some risks, the domestic office is working on the development of new profitable managing strategies, foreign subdivisions of the company are working and getting profits. At the same time a pure ly domestic company puts all its resources for solving the current problem and has no additional income. Nevertheless, a new business abroad will be exposed to a greater number of potential risks than a home-country one. Any multinational company is exposed to risks such as change of foreign currency exchange rate, commodity prices and interest rates because it denominates its transactions in foreign currencies. Thatââ¬â¢s why there is also some uncertainty in future earnings, liabilities and assets values. Therefore, before taking a decision on the country of entry, a profound analysis of its current political and economical situation is to be performed. Setting and implementing objectives One more important thing to consider is that there is always a possibility of risk influencing companyââ¬â¢s strategic planning and strategy. Therefore, objectives should be flexible enough in order for the company to be able to adjust them to particular circumstances in case market environ ment or other factors influencing companyââ¬â¢s operations change. Besides, not only management, but each separate employee of the company should be aware of such objectives, strategies and special programs in order to understand his/her particular part in their achievement better, and feel free to initiate actions aimed at their achievement. Every employee should have clear responsibilities and duties in this or that project in order for everyone to know and understand oneââ¬â¢
Wednesday, August 28, 2019
Final Strategic Plan Research Paper Example | Topics and Well Written Essays - 750 words
Final Strategic Plan - Research Paper Example The company should ensure that production of customized soft drinks is according to customersââ¬â¢ remarks and interests (Morris, Honeycutt & Pitt, 2001). For example, an effective tactic is to launch a commentary channel program that allows customers to give comments. Another strategic plan is to establish the business to countries globally, and consider the diverse cultural practices of each race. For a successful business operation, Doll Beverage Company will have to launch an effectual program dealing with social concerns. Lastly, coming up with a policy that controls the behavior and relations of the organizationsââ¬â¢ personas to clients ensures that professionalism is maintained during business operations (Morris, Honeycutt & Pitt, 2001). Dollââ¬â¢s beverage Company should use its strength of being new in the market to begin a program that deals with marketing and attracting innovators. The strategy will assist the company to develop and acquire new customers. Example s of other marketing stratagem and tactics that Dolls Beverage Company can implement are establishing; higher returns on invested capital and an attractive economic value added (EVA) performance. Moreover, it ought to establish; lower costs compared to key rivals and competitors in the market, and higher levels of customer satisfaction than competitors (Morris, Honeycutt & Pitt, 2001). ... A further marketing and information technology strategy and the scheme is the use video conferencing. The tactic is used in organizations commonly because of its efficiency and speed to a large group of people. Clients and personalities of an organization can transmit information quickly and easily, hence making business operation valuable (Morris, Honeycutt & Pitt, 2001). Section 2 Firstly, the methods that Doll Company can use to monitor and control proposed strategic plan include escalating its revenue sales in order to improve the overall income. For example, the management of the organization can set a target of increasing their revenues by 15% each year. This step will make Doll Beverage Company improve its increased income by an outstanding 7%; hence maximizing and improving the worth of the shareholder. Consequently, the organization increases its overall financial constancy since it will have many interested shareholders who would assist in completing the organizationââ¬â ¢s programs and projects. Secondly, the next step is to improve their market share is a significant factor that monitors and controls proposed strategic plan and advance organizational objectives financially. The fact that the company is new in the business world gives it opportunities of succeeding both in home and foreign countries exceptionally. For example, Dolls Company can set an objective of increasing and improving the market share by a range of 15% annually by initiating new outlets in the five jurisdictions every year, since their accessibility to the more clients will be achieved by implementing the method. Lastly, the method Dolls Beverage Company that can be used to
Tuesday, August 27, 2019
Class work Assignment Example | Topics and Well Written Essays - 500 words
Class work - Assignment Example Waterfall used stages. With waterfall once the stage is over there is no going back except if a process change is followed that can take longer. In the case of Agile, where requirements are in need to change, then they are handled better with the process. Waterfall roles generally differ from those of agile. Agile does have the role known as scrum master that is a type of project manager as well as release manager and may fail to be IT specialist. Water fall does have a traditional manager of the project who happens to be an IT person always in the sense of tradition. What is needed ideally is a model that combines both the predictability as well as the accountability of waterfall approach with the agility as well as the adaptability of agile approach. An effective balance in between the both ideas could come up with a much more efficient model for software development. Mcrosoft. (2013). Microsoft Solutions Framework application development project plan. Retrieved may 20, 2014, from office.microsoft.com:
Monday, August 26, 2019
Information Studies Essay Exams Example | Topics and Well Written Essays - 1250 words
Information Studies Exams - Essay Example The propensity for documents to be written and commented upon, another aspect that Brown discusses, has been greatly facilitated by the new generation of electronic documents. An electronic document is amenable to being processed and transmitted by electronic means. One of the major difficulties in moving away from physical to electronic documents stems from security concerns. In the case of physical documents, there is usually only one copy of sensitive information. This copy can be physically protected. In the case of electronic documents, theft of sensitive information is on the rise due to many reasons. The security of the documents and information are challenged by the proliferation of hackers and other forms of attack. Moreover, even where tight security measures are applied, these are, in many cases, restricted to storage and transmission of the documents only. Recipients of the information may unwittingly form breaches in the security system. At the same time, legislation such as the HIPAA makes it mandatory for organizations to take effective measures to protect the privacy of those dealing with them. Easy availability of information has also raised questions about governmental accountability against privacy of individuals. Government can access information about individuals more easily in the electronic age, and under certain circumstances officials of the government are authorized to do so. This creates a dilemma because it is very difficult to judge what constitutes essential intrusions into privacy. There are several social and ethical issues that arise as a result of increasing use of Information systems. The ethical issues broadly cover areas such as Information rights and obligations, property rights and obligations, and accountability. Cultural issues such as assimilation of technologies and development of trust, security issues that concern misuse or theft of information, and fraud, are some of the other
Sunday, August 25, 2019
Advanced marketing strategy Essay Example | Topics and Well Written Essays - 2750 words
Advanced marketing strategy - Essay Example The main purpose of marketing is just to earn profit for the product or the service they are providing. So every company use different strategies for earning profits and marketing their product or service. There are very famous households names like pampers, coke, surf etc which are very popular globally. These products use different marketing efforts for different countries, by keeping in mind their culture, language and ethics. They use different techniques to build up the loyalty and keep on attracting new customers. Famous household products are known for the quality and the trust which they have built up in years. So, they use different strategies in different countries to keep their product in demand; usually people get addicted to these like coke or else use to it, like pampers. They usually sponsor big events or work for a cause, which results in people getting used to the brands. Big household's names are famous worldwide and people know it wherever they go theywill find it there. Experiences: a firm can create stage and market experiences by combining or orchestrating several goods and services for example an amusement park or a water park directly represents the experiential marketing. Customers after paying ticket, enjoy the rides in the park, enjoy immediate thrill which is provided by these experiences. A theme which is used by restaurants, they can also be a good example of direct experiences. Solutions can also be marketed extensively. ... The perfect solution is to identify people's problems first and then fit your product right into the place, so that's how it is simply done and will also work like wonders. This results in products which are marketed for their usage. They are pictured and considered as the trouble shooters for the customers, they create an image of only solution to the problems. 3. Would you agree that Porter's framework of generic strategies is useful for (a) academics, (b) practitioners Illustrate your answer with examples. In 1980, despite its instant recognition as one of the most important theoretical frameworks of the business science, the generic strategies developed by Porter were criticized by many academics and professionals. There is evidence by General Motors which became the market leader within 10 years through implementation of particularly the differentiation strategy chalked out in the framework. GM also have to work efficiently to cover up all the different price ranges which are already present in the market, which will prevent any new entrants from venturing into the market and also to compete with the small player that existed within these price divisions. However,one of the main criticisms is the obsolescence of the model in the current competitive market conditions, when new sources of competitive advantage are available to companies. The new competitive conditions of the 21st century demands a re-formulation of this model in order to integrate the new business paradigms identified and applied by academics and professionals. A re-interpretation of generic strategies from the perspective of market relationships is necessary. The three generic strategies,cost advantage,differentation and focus are said to be
Saturday, August 24, 2019
Weekly post Assignment Example | Topics and Well Written Essays - 250 words - 1
Weekly post - Assignment Example These global cycles involve the circulation of elements and nutrients that sustain both the biological and physical aspects of the environment. For example, all known organisms on this planet depend on water to sustain them.Ã They are constantly cycling water, consuming it on a regular basis either by itself or with nutrients, while expelling water (with waste products) at the same time.Ã Besides being critical for the biosphere, water is also an extremely important part of the physical environment. When water vapor condenses to form clouds, more of the Suns rays are reflected back into the atmosphere, usually cooling the climate. Conversely, water vapor is also an important greenhouse gas in the atmosphere, trapping heat in the infrared part of the spectrum in the lower atmosphere. Water is also involved in other biogeochemical cycles.Ã The hydrologic cycle intersects with almost every other element cycles, as well as some of the geological cycles such as the sedimentary cy cle.Ã Ã In this and other activities, we are going to study how carbon cycles through our ecosystem and how mankind affects this cycle.Ã It is important that we understand how carbon cycles through the ecosystem for two reasons. The first of these reasons is that all organic material contains carbon.Ã From the smallest vitamin molecule all the way up to the long polymer chains of proteins and DNA, carbon provides the basis of all organic compounds.Ã The second reason why we need to understand the carbon cycle is because of its effect on the physical environment.Ã Carbon, in the form of carbon dioxide, is released as a waste product of oxidation.Ã This means that it is released during the combustion of fossil fuels, as well as the respiration of organisms.Ã As we will see later, this can have a tremendous effect on our climate, since carbon dioxide is a greenhouse gas. Carbon has two phases in the carbon cycle: gaseous and solid.Ã Its gaseous phase is mostly in the
Friday, August 23, 2019
Children's Literature Critique Essay Example | Topics and Well Written Essays - 1250 words
Children's Literature Critique - Essay Example In the first part of the book, the story revolves around Pacman-looking circle, searching for the lost pizza-like piece which completes its being. There is no indication whether Pacman-looking circle is a male or female. Pacman-looking circle looks for the missing pizza-like piece everywhere, asking people it meets along the way if they have seen the missing piece or if they can give directions leading to where the missing piece is. It looks everyone and does not give up with the search since it has high hopes that it was going to find the missing piece. In his search, it sings a melancholic song which it hums to show how sad it was for not finding its missing piece. The song, ââ¬Å"Oh, I am looking for my missing piece; I am looking for my missing pieceâ⬠¦Ã¢â¬ (Silverstein, 1976) makes readers feel the pain the Pacman-looking circle has. Pacman-looking circle finds several pieces a long its way. It tries if they can fit in the space only to be disappointed that they cannot. Some fitThis does not discourage it since it goes on with its search with hopes that it would find the missing piece. The first part of the series comes to an end when Pacman-looking circle finally finds its missing piece. It is intriguing to note that Pacman-looking circle fits the missing piece only to realize that it cannot put up with it. ... Silverstein demonstrates that the missing piece had not come to terms with Pacman-looking circleââ¬â¢s realization that one should be happy with the way they are. It was searching for a piece to make it complete. However, upon meeting the big O, the missing piece is made to understand the fulfillment one gets by understanding one-self. The big O mentors the missing piece and makes it understand that there is no need to look for another piece to make it complete. The content in The Missing Piece series is suitable for young children. This is because at this age, most children normally face challenges of self-acceptance brought about by some of the imperfections they may have. For instance, an albino child may be alienated from his peers because he or she feels out of place. In as much as being an albino is not his or her wish; the child should be made aware that the condition should not be a hindrance to his or her communication and interaction with others. Therefore, by reading th e book, children will get an understanding of how they are. Additionally, will learn to appreciate and love themselves despite the imperfections they have. The book also has basic illustrations and simple phrases that catch the attention of children. For instance, while describing the missing pieceââ¬â¢s movement, Silverstein (1976) asserts, ââ¬Å"the missing piece was bumping instead of flopping, and then it was bouncing instead of bumping.â⬠Such illustrations arouse the interests of young children. The front cover of the book also has the picture of the Pacman-looking circle, and it is most certain that children who have a glimpse of it on bookstore shelves would request
Thursday, August 22, 2019
Critical Review of Entre le chien et le loup Essay
Critical Review of Entre le chien et le loup - Essay Example The exhibitionââ¬â¢s title ââ¬Å"entre chien et loupâ⬠refers to daytime just before the onset of night when light is minimized so that visual distinction is not really possible. The title of the exhibition itself reveals much about the artistââ¬â¢s intentions that are focused on interplaying contrasts so that contrasts are developed and downplayed throughout the exhibition. Critique The most noticeable contrast in Harperââ¬â¢s work lies in the use of color ââ¬â while Harperââ¬â¢s embroidery is colored richly, his sculptures are done in a few colors only. The artistââ¬â¢s piece titled ââ¬Å"I tried, I tried, and I triedâ⬠is essentially a reproduction of ââ¬Å"Napoleon Crossing the Alpsâ⬠by Jacques Louis David where he uses rich colors to depict a historical event. In contrast, other works from Harper espouse a seemingly small range of colors that can be segregated as white, black, shades of grey and shades of blue. The contrast between the use o f colors in these pieces can be traced to the historical foundation of Harperââ¬â¢s work. The artist tends to use a rich variety of colors for the historical piece but uses seemingly few colors for pieces that represent contemporary issues including the artistââ¬â¢s personal history in pieces such as ââ¬Å"Then We are Lost Forever in the Gloamingâ⬠. This clearly represents the artistââ¬â¢s unconscious perspective on modern life being dull and composed of a few colors in contrast to his conception of the past as being richly colored. In addition, the artist tends to associate closely with historical painters such as Jacques Louis David and their works. ââ¬Å"I tried, I tried, and I triedâ⬠seems to depict a historical event even though Napoleonââ¬â¢s actual march through the Alps was not as brilliant as portrayed. (Harvey, 2006). Harper has changed the color of the horse noticeably, providing it with strong shades of black and grey. This could be considered tantamount to rewriting history from the perspective of the artist using embroidery. Harper seems to be embedded into historical events to the extent that he tries to rewrite them, in an effort to become part of such glorious history. In contrast to Harperââ¬â¢s historical works, his works associated with the contemporary realm offer interesting perspectives on contrast, making it both sharp and gradual. Harperââ¬â¢s piece titled ââ¬Å"To Remind, or to Warnâ⬠is the most glaring example on stark contrast presented by the artist. The piece is deceitfully simple and presents two wolves, one purely white and the other purely black, placed on cubical foundations. Interestingly, the foundations for the pieces are constructed of three bricks composed along the length and the breadth that provide for pure equality in both foundations. Built on top of these equal foundations are a white wolf, that is perched higher than the black wolf, on pieces of rock. While the white wolf glares down with a neutral design, the black wolf is shown howling up in the air with signs of aggression. The foundations it seems represent manââ¬â¢s birth ââ¬â everyone is born equally, neither good nor bad. The wolves on top seem to represent good and evil. Traditional association dictates that the white wolf stands for good and so is perched higher and in a neutral posture. In contrast, the black wolf represents evil and is perched
Graphics Communications Industry Essay Example for Free
Graphics Communications Industry Essay Graphics Communications Industry, according to the College of Technology at the University of Houston, is defined as the processes and industries that create, develop, produce, and disseminate products utilizing or incorporating words or pictorial images to convey information, ideas, and feelings. Its products make possible learning, enjoyment, enthusiasm, and business. These products like books, magazine, maps, invitation, etc. are part of peopleââ¬â¢s daily life. Graphic Communications includes those market sectors that exploit the technologies of printing, publishing, packaging, electronic imaging, and other associated industries. They are often referred to as the graphic arts, print, or imaging industries. Graphic communication companies are entrepreneurial and innovative. Ideas are created on the computer and carried through different stages that can include the Internet as well as printed forms of several types and variations. Due to the emerging technological advances, companies in the business have expanded services such as creative design, e-commerce, web page design and hosting, mailing, fulfillment, and a multitude of services that provide parallel marketing beyond the major printing activity. (Education Summit for the Graphic Arts 1) The field of Graphic Communications is obviously a technology-based system. It includes the developing technologies of computer-age press, image generation, data repurposing, designing and posting internet web pages, interactive multimedia, digital photography, electronic digital imaging, and desktop publishing. Furthermore, it offers a lot of career opportunities. Thus, it contributes a lot to the economy. It needs millions of people in a range of challenging technical, creative, or professional activities. They vary from small companies with a few workers to large plants with several hundred people on multiple shifts. Almost all companies have acquired modern computerized equipment and stay updated with technology changes taking place in the industry. The top ten leading states in total number of graphic communication employees are California, Illinois, New York, Pennsylvania, Texas, Ohio, Wisconsin, Minnesota, New Jersey, and Michigan. (Education Summit for the Graphic Arts 1) REFERENCES: ââ¬Å"Graphic Communications Industry. â⬠(2006). College of Technology, University of Houston. 7 April 2009 â⬠¹http://graphics. tech. uh. edu/industry/industry. phpâ⬠º ââ¬Å"The GraphicCommunication Industry: A Quick Overview. â⬠(April, 2008). Education Summit for the Graphic Arts. 7 April 2009 â⬠¹http://teched. vt. edu/gcc/HTML/CareerInfo/PDFs/GraphicCommunicationOverview. pdfâ⬠º
Wednesday, August 21, 2019
The Different Kinds Of Truth Philosophy Essay
The Different Kinds Of Truth Philosophy Essay There are two different kind of truth which is something that is true and something that is believed to be true. We must accept the idea that man can acquire all kind of truth but let us not mix them up. We would risk that the mixture will dissolve them up. Truth consists in the agreement of our thought with reality. The Aristotelian definition of truth statesà [1]à : To say of something which is that it is not, or to say of something which is not that it is, is false. However, to say of something which is that it is, or of something which is not that it is not, is true. A belief is called true if it agrees with a fact or stated otherwiseà [2]à . Beliefs determine how we see, interact and experience the world around us. Beliefs are ideas that are made after repetition and contemplation, that are accepted as truth and reality and therefore impact how we see lifeà [3]à . Believes and truth are often in conflict. For something to be true it must be public, eternal, and independent. By using different way of knowing such as reason, emotion, perception and language it can help us to distinguish the truth. Some knowledge can be taught and some we learn by our self through a process of reasoning. In our daily life, sometimes our logical thinking affects our believed about something. The fact is our logical thinking based on our experiences. Our reasoning is based on our pass experiences and from that we make a generalization. It is just the matter of how far our logical thinking based on our experiences can distort our attempt to distinguish between truth and believed truth. By putting down your hand into hot fire thus teaches us not to do it again. The implication of reasoning is of the greatest importance because it comes from our inner instincts. Logic attempts to help us determine whether our argument is true or false, or whether it is logical. Based on pass experience, it is logical if we tend not to do the same mistake by putting hand on fire because it is painful. Similarly with the truth, we tend to be selective in choosing knowledge based on our pass experienced and logical thinking. Sometimes mistake do happen during the process because we are easily influenced by our surrounding. The last question that will be dealt with is the question of what people know. According to the psychologist Jean Piagetà [4]à à certainly regarded thinking as secondary to the actions of the intelligence. For him, logic was a science of pure forms, structures simply representing the processes of thought. As for me, logic was too narrow, arid and mechanical to properly represent human thought processes. Therefore, I can say that the truth which is true and believed to be true is not conforms and affirms through logic as ways of knowing alone because human have many limitations to count of. Logic work alone cannot really distinguish between something that is true and something that is believed to be true. Is emotion is the effective way? For some people, emotion plays an important role when it comes to decision making. Whether we like it or not, our emotion is depending on degree of logic that is include during the process of decision making. Imagine if you are a doctor and you have two make a decision whether to give a kidney to two of your patients who suffer kidney failure. One of the patients is your family. Which one would you give the kidney? Would the priority go to your family? The doctor tends to be bias if the decision made is involving with emotion. If I was the doctor, I would personally give the kidney to my family. But, based on what reason? The only reason why is because of strong love emotion. We tend to be bias in the process of seeking the truth because of our emotion. Based on scientific explanation, emotional situation triggers the release of chemicals in the bloodstream that alter the functioning of the brains neurons and other bodily functions as well. In effect, the situation requires some special behavior different from what we would do in the normal course of events. We only accept truth that will give us pleasure and make us happy. Emotional states seem to occur when things of particular importance occur in our lives. The neurobiologist Antonio Damasioà [5]à (1994) provides a somatic marker hypothesisà [6]à which explains how emotions make decision making possible. The doctor try to believe by giving the kidney to his family will save her/his live by ignoring the other patience live. How the doctor would know which operation will succeed? In this situation, we can say that the doctor is in believed truth. Thus, we can conclude that emotions are ordinarily conceived as irrational occurrences that cloud judgment and distort reasoning. It would be better if we separate our emotion when make a judgment. However it is impossible to that. Some philosophers, particularly those identifying themselves as postmodernistsà [7]à , assert that truth is not absolute, but depends upon the individual point of view. Perception is one the ways of knowing that can help us to distinguish the knowledge whether it is true or just believed to be true. Everyone has different perception regarding on certain thing depends on own personal background, knowledge, experiences and our perceptions grow as we mature. I still remember during my childhood, my mom always told me to finish my meals or else the unfinished foods will cry. To be frankly, I believe on what my mom had told me. As I grow, I know that the foods will never cry as it is non-living thing. It just my mums trick to make sure I finished my meal. The perception of children will not be the same as adult. The problem is our perception constantly changing as we increase the scope of our knowledge. Thats why in science subjects we always come across with the term evolution and revolution. As scientist doing more research, they found that the previous theories are no longer applicable to support their new discovery. During the 20th century, in the history of biology, biologists mostly accepted that living organisms is classified into five kingdomsà [8]à . However, in 1978 the American Biologist Carl Woeseà [9]à proposed a three domain classification. From the example and explanation above, we can conclude that our perception is not fixed and differ from one another. But without perception, it is hard for us to differentiate the truth. Last but not least, we can use language as one of the way of knowing to help us distinguish whether the truth are the real truth or believed to be the truth. According to R.A Hall: language is the institution whereby humans communicate and interact with each other by means of habitually used oral-auditory arbitrary symbolsà [10]à . Language plays an important role in our lives in seeking the truth. Language allows us to form statement, express concept and our idea. Let we take the example of a statement all bird can fly. From the statement, we can express our idea to other people that all type of birds has the ability to fly. Imagine how could we explain the word bird, all, fly without word? Without theà statements it would be hard to organize our ideas and to then determine if these ideas are true or only we believe them to be true. We could use other alternative such as gesture, sounds and drawing to represent our ideas. As it connected to the ideas that they portray they als o become part of the language. The statements created by language help us to determine if an idea in true or not. Since a sentence expresses the relationship between objects we can check the validity of the statement. If ostrich cannot fly, then we can prove the statement all bird can fly is not true. The presence of evidence can always prove the statement is false then we know the statement is not true. The problem with language is sometimes it is misinterpreted due to the word that has many different meaning. For example the word gampang. For Indonesian it means easy but for Malaysian it is insulting. Admittedly, all knowledge could be regarded as a combination of truth and believed truth, and since all information needs to pass our subjective minds to become knowledge. By using the four ways of knowing logic, emotion, perception and language can helps us to distinguish the truth. One ways of knowing stand alone to distinguish the truth and believed truth would not be very fruitful. 1450 words.
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