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In a Shakespearean comic setting where chaos, asininity, and insolence reign, th ...

In a Shakespearean comic setting where chaos, asininity, and insolence reign, the very qualities of comic irreverence become virtues. A comic hero or side character who relentlessly pranks stooges and straight men for the audience's enjoyment is likely to win the viewer's appreciation. Yet it is not just the straight man's suffering -- or even the comic effect itself -- which drives this audience reaction. Rather, the classic traits of charm, guile, wit, and stark honesty with which Shakespeare's jesters and pranksters are all more or less infused come to the fore as eminent values in his several of his plays. One non-comic example: King Lear's Fool, whose antics serve a didactic purpose for the guileless Lear, is maltreated for his insolence and forthrightness, yet is ultimately vindicated when his foreboding proves correct.

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In the ensemble of Twelfth Night, the boisterously comic characters of Feste, a protected fool, and Sir Toby, an playful alcoholic, embody these traits as their general mischief both succeeds to great comic effect and ultimately goes unpunished. These two men thus enjoy a great license, one which appears to mirror the atmosphere of freedom that characterized the historic Twelfth Night holiday: drunkenness, merrymaking, and a reversal of rank and order. Sir Toby, ostensibly a nobleman, acts like a churl throughout the play. Similarly Feste, who secures his license as a fool at the play's outset, frequently taunts and speaks frankly to those above his own servile rank.

On the opposite end of this reversal is the diligent steward Malvolio, a stern Puritan who is characterized entirely by his humorless demeanor. His name appears to be a derivative of Latin malus, "bad/mean," and velle, an irregular verb meaning "to desire/will" (compare with other descriptive names "Feste," "Belch" and "Aguecheek"). Malvolio desires to advance his rank to a County by marrying his master Olivia, for whom he, like several other male characters in the play, pines away. The victim of a prank by Sir Toby and the fool, Malvolio believes over the course of the play that he has at last an opportunity to secure Olivia's love, only to be cruelly humiliated before the audience and the rest of the cast.

Malvolio enters in Act I, scene v, where Feste, who apparently had been impermissibly absent from the household for some time, uses his wit to convince the still-mourning Olivia not to fire him. Instead of flattering Olivia, as many of her suitors attempt to do, he tries to prove her a "fool" herself, thus regaining her trust in him as an honest and reliable "allowed fool." Malvolio takes part in this intercourse and comes out strongly against Feste, calling him a weakling and an unintelligent man despite the wit he exhibits, and urging his removal.

Malvolio's initial appearance establishes himself as a responsible steward and an antagonist to not only the insolent Feste but also to the cleverness and repartee that characterizes much of the play's humorous dialogue. Malvolio's servility is his primary use in the next few scenes, yet the fact that he does not share in the audience's delight at Feste's antics establishes a distance between his attitude and that of the viewer watching this comedy.

In Act II, scene iii, Sir Toby and his profligate moron friend Sir Andrew are up late in Olivia's house drinking, bantering, and singing loudly with Feste. Maria, a servant, enters and respectfully urges them to keep quiet for their own sake. Presently Malvolio enters and castigates them, threatening to have Toby and Andrew evicted. Feste and Sir Toby respond by making up a satirical ditty to taunt Malvolio, which they sing antiphonally while Malvolio interjects coldly. Malvolio exits essentially threatening to tattle to Olivia on the lot of them, including Maria. This provides the impetus for the group to scheme against him for ruining their fun.

In this dialogue, there are two basic conflicts. The most overt is the tension between the loud guests and the owner of the home. In this respect, Malvolio is faithful to Olivia (although she has not complained) and ostensibly standing up for her peace; the men, meanwhile, come off as very disrespectful. The second is a broadly religious conflict injected by Sir Toby, as he suggests, "Art any more than a steward? Dost thou think because thou art virtuous there shall be no more cakes and ale?" (102-104) Malvolio's personal morality here is conflated with moralizing, as Toby accuses him of wanting to spoil their fun by the imposition of Puritan beliefs. After Malvolio leaves, Maria discusses his personality on an intimate level (that is, from her prior knowledge of the man), suggesting that Malvolio is haughty, pretentious, and obsequious. The group agrees to prank Malvolio by playing off his vanity and opportunism.

Between these two scenes an interesting comic motif arises. Malvolio, in spoiling the fun of Feste and, later, the group of men, as well seems to spoil the audience's fun. While Malvolio's motivation to protect Olivia seems valid, Sir Toby's argument that Malvolio is a spoilsport for the sake of it, gets more traction when one considers that if Malvolio had his way, the entertaining songs and witty palaver of the men would end -- in short, this wouldn't be a very funny play. The audience's anticipation of seeing Malvolio pranked, then, is driven less by enmity towards a villain, but rather the desire for further amusement.

It is important to note that up to this point, Malvolio is probably the least interesting character in the play. The primary romantic plot is driven by comic misunderstandings and silly melodrama, which makes the main characters amusing while humanizing them. Malvolio speaks more plainly than anyone else, and seems to be nothing more than a minor functionary in the play -- thus, there is little emotional investment in him.

Malvolio's role is expanded, and his personality fleshed out, when he falls into the pranksters' trap. In Act II, scene v, Malvolio soliloquizes at length (albeit with the other characters on stage in hiding), giving the audience an opportunity to read his inner thoughts. Like Orsino, Viola, Olivia, et al, he is in unrequited love, yet he expresses himself more rationally, preferring daydreaming to brazen action or a surfeit of music. "'Tis but fortune, all is fortune," he sighs, contemplating the idea that Olivia could marry him (20). He fantasizes about becoming her Count, planning not to exploit Olivia's inheritance, but to conduct himself austerely -- even in his greatest fantasy, he thinks of himself frowning. He envisions his revenge on Sir Toby, drawing the sequence out until anticlimactically revealing that he simply wants to ask Toby to "amend" his drunkenness and leave the loutish Sir Andrew, who is being duped anyhow.

This is an oddly humanizing sequence, as Malvolio's simple, albeit improbable, fantasy contrasts with the cruel trick about to be played on him. Malvolio's desires reveal him to be a sad sack, and although the hiding men make sarcastic asides, the audience must inevitably pity the steward. This situation is almost a comic reversal, where an mean action has been put in effect against a supposed antagonist who is actually revealed to be quite pathetic. It is almost enough for one to wish that the men would have a change of heart and call the prank off, simply by the realization of how pitiable Malvolio is.

The forged love letter which follows is almost too much, playing off Malvolio's vanity and simple hope and leading him to make a buffoon of himself. The fact that when we next see Malvolio, he has entirely turned around his personality illustrates less his capacity to put on airs, but more his ability to appear friendly and vivacious towards Olivia, despite his increased haughtiness to the servants. Malvolio's monologue in Act III, scene iv heightens the pathetic aspect of this entire situation, as he is actually pleased with the very bemused reaction he receives from Olivia -- clinging to it, even. More importantly, though, Malvolio is actually funny in these scenes, albeit because of dramatic irony. His dialogue with Olivia here is the only part of the play where he's the one getting laughs, and someone else is acting the fool's "zany."

After that, Malvolio reverts to a poor disposition, particularly during his confinement and humiliating verbal torture by Feste. The turnaround in that scene is remarkable: Malvolio must now actually prove he's the austere Puritan servant he was earlier.

In his abstract comic function, Malvolio is essentially an objectified grotesque, a prig who gets his comeuppance. Yet Malvolio's unfair imprisonment in an extremely dark room -- something dungeon-like and perhaps reminiscent of the princes locked in the Tower in Richard III, albeit with a comic ending -- is difficult to justify solely on the basis of his actions. While Malvolio is self-important and rather comically deluded in lovesickness (though the same is true of half the cast), his low rank doesn't seem to befit such torture and humiliation (compare with any number of popular comedies in the past two centuries that show upper crust elitists getting their comeuppance at the hands of the lower class). Moreover, Malvolio attends to Olivia very faithfully, and his actions for much of the first half of the play, while dull, can be viewed entirely in terms of his strong sense of duty, a quality which is actually quite admirable and moral.

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Yet in a play -- which takes its name from a holiday that suggests drastic social mobility -- where guileful ambition results in success for the lead characters, Malvolio's relatively honest ambition goes punished, entirely for comic purposes. The ensemble ending of the play proves Malvolio to be the only major loser, and the cruelty shown by Feste and Sir Toby is written off as an acceptable level of comic misbehavior, even if it is unjustified in the context of Malvolio’s character. The only moral of this comic plot, then, is that Feste and Sir Toby ought to be appreciated for their mischievous talents -- if only for the laughs the audience is provided. And although some of Malvolio’s traits are presented in a more heroic light elsewhere in the Shakespeare canon (hard work and diligent servitude are appreciated in some of Shakespeare’s pastorals), here they are made into an object of ridicule and mistreatment for the sake of laughter. Hence in a setting of joviality and licentious fun, the play and the holiday Twelfth Night, ambition, hotheadedness, drunkenness, guile and melodrama go unpunished – yet simply being boring is enough to land one in the dark for a night.


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A number of overlying themes have persisted throughout the three canticles of Da ...

A number of overlying themes have persisted throughout the three canticles of Dante's Commedia. The politically charged and spiritually passionate Florentine elegantly laced into his masterpiece general topics - affairs of state, religion, and human nature - and expressed them thematically from the deepest trenches of the Inferno to the loftiest celestial bodies of Paradiso. One such theme that has resonated throughout Dante's work is the idea of dualism. Dante focuses on the dual nature of man throughout the Commedia, stressing the idea that he put forth in Monarchy that "man alone among created beings is the link between corruptible and incorruptible thing; and thus he is rightly compared by philosophers to the horizon, which is the link between the two hemispheres" (91). Dante, as an active member of the Florentine assembly before his exile and as a devout man dedicated to God, also emphasized the synthesis of and struggle between Church and Empire. Dante acknowledged Church and Empire as two equal and distinct faculties of God manifested in two different forms on earth. This duality of roles is deeply explored and intensely critiqued by Dante throughout the Commedia. Dante's means of expressing the duality of man, Church and state are not always clear; however, his point is quite lucid - all mankind is split between the divine and the terrestrial; thus, any creation of man, i.e. the hierarchy of worship and the offices of government, must also represent this duality. Anything that is controlled by man must reflect his internal struggle between corporal and divine.

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The duality of Church officials is apparent in canto XIX of Inferno. Dante visits the bolgia of the Simonists, people who paid for pardons and positions in the Church. Here, Dante finds the sinners hung from their feet into holes in the ground with flames coming from their soles. Dante approaches the soul "that writhes in his torment more than any of his fellows and is licked by a redder flame" (239), who he finds out is the soul of Pope Nicholas III. Nicholas, when Dante approaches him, cries "'Standest thou there already, standest thou there already, Boniface?" (239). The voice coming up through this fiery hole in the trenches of hell is only surprised by the fact that Boniface has arrived three years before he was expected to do so (Boniface died in 1303). Dante makes it explicit that "the fate of the great Pope [is] a thing not so much asserted as determined and beyond question" (Sinclair, 244). Nicholas was Boniface's predecessor in the Church and began the "crescendo of iniquity" (Sinclair, 244) that characterized the terms of Nicholas, Boniface, and Pope Clement V. Nicholas began the downward spiral of Church moral practice; however, Boniface took the foul practices further. Boniface was "a worldly, unscrupulous and powerful ecclesiastic, and incidentally the corrupter of the public life of Florence and the cause of Dante's exile" (Sinclair, 244). Thus, when Nicholas thought Dante to be Boniface, Dante "became like those that stand as if mocked, not comprehending the reply made to them, and know not what to answer" (239). It is an interesting contradiction for someone as devout as Dante to be offended when being mistaken for a Pope; however, this is exactly the type of satiric duality that Dante is intending to present. Dante is so much more pious than Pope Boniface, despite the latter's prominent position in the Church, that likening the two is an insult to Dante.

Dante clearly articulates his feelings on the duality of human nature in Purgatorio, when he puts forth his concept of the "Little Simple Soul" and how it is compromised in humans. Dante contends, "The heavens initiate your impulses... To a greater power and to a better nature you, free, are subject, and that creates the mind in you which the heavens have not in their charge" (213). Here, Dante is quite explicit about the duality of man in soul and mind. He attests that God gives man the materials - the impulses - of the human consciousness, i.e. the soul, but it is up to man's own free will to allow that soul to guide him in earthly matters. In the following passage, Dante goes further to say "From His hand who regards it fondly before it is, comes forth, like a child that sports, tearful and smiling, the little simple soul, that knows nothing, but, moved by a joyful Maker, turns eagerly to what delights it" (213). Dante's metaphor is based on desire, a human emotion that is at the base of consciousness, yet he is applying the metaphor to an intangible of the heavens - the soul. This subtle duality is clearly intentional because Dante is then poised to enter into a fiery discussion on the natural duality of a specific human - Pope Boniface VII.

Just as the "little simple soul" can be compared to a child, the Pope and Emperor can be mirrored as shepherds who direct their "children" in "social and spiritual order" (Sinclair, 218). With two equally powerful shepherds, one from the Church and one from the State, the little simple soul should be led down the right path. However, "when the power becomes unbalanced, thou cants see plainly that ill-guiding is the cause that has made the world wicked" (213). Dante has given himself the perfect opportunity to attack the duality of Pope Boniface VII and the direction in which he was taking the Papacy in the late 13th century. Dante had a personal vendetta with Pope Boniface, a man Dante partially blames for his exile, and makes it clear in the Inferno that he blamed the Pope for the corruption that was rampant in the Church. Dante, as a member of the more moderate White Guelph party in Florence, was sent on a mission to Pope Boniface in 1301 to plead that he cease interfering in affairs of the State, especially the Pope's latest expansion policy, which Dante explicitly condemned. Back in Florence, however, the papal supremacist Black Guelphs defeated the White Guelphs and, thus, Dante was severely persecuted and sentenced to exile for his disloyalty to the Pope.

The overlying personal duality of Pope Boniface is unique because it is a struggle between the divine and the temporal manifested as a struggle between duty and greed. Pope Boniface, though the Church was his given realm, made himself into a dominant political force that was bent on having all of Italy under his jurisdiction. Pope Boniface's duality showcased the weakness of human nature and how any human, even one who is expected to be at the pinnacle of his field, cannot be a true representative of divine faculty. Pope Boniface was characteristic of the tragic flaw that is omnipresent in any office held by man.

Beyond the personal dualism of one Pope, there was a great deal of institutionary dualism in the Church itself. Strikingly, Pope Adrien V in canto XIX in Purgatorio says, "'when I was made Roman Shepherd I discovered how lying is life'" (XIX: 106-107, p251). The Pope, the veritable "spouse" of the Church, is the last person who should utter such a phrase; however, it was the nature of the corrupt Church to necessitate habitual lying and deceit. In a short soliloquy by Adrien, Dante includes Christ's words from the Scriptures, "'Neque unbent,'" which is a reference to the Gospel of Matthew, when Christ said: "'[In the Resurrection] they neither marry nor are given in marriage'" (251). By using the Latin translation, Dante is placing a special emphasis on the phrase; by using the formal language of the Church and not translating the phrase into the "vulgari" in which he writes, Dante is stressing the unadulterated sincerity of Christ's words and the hierarchy of their importance. Dante's words in the Commedia are speculation and largely fictional, and, therefore, are appropriately written in the crude language of the common man. Christ's words, on the other hand, are the divine truth and should be treated with greater linguistic reverence. However, they can be used in the context of Dante's vernacular because Christ was divine and human, typifying the juxtaposition of these two natures, which is reflected in Dante's choice of quotation and language. More important than the words, however, are their meanings. In the previous passage, Dante kneels to Pope Adrien to pay him reverence. "'What cause' he said 'has bent thee down thus?' And I said to him: 'Because of your dignity my conscience stung me, standing erect'" (251). Adrien, by referencing Christ in his response, is devaluing his earthly status as "spouse" of the Church, because, in the resurrection, marriage, like any other such earthly ties, does not transcend into the afterworld. Dante is proving that the status and prestige of earthly Church officials holds no weight beyond the temporal office. Despite the fact that the Church on earth is supposed to be a terrestrial representation of the heavenly, it was at the hands of some very dishonest figures. Pope Adrien even admits that "'avarice quenched all our love of good so that our labors were vain,'" but, despite his Church rank on earth, in Purgatory "'now, as thou seest, I am here punished for [avariciousness]... so justice here holds us fast, seized and bound in feet and hands, and as long as it shall please the righteous Lord so long shall we stay motionless and outstretched'" (251). Dante makes the important moral point that the justice of the Lord is inescapable and is based on personal conduct, not on artificial titles. The Church was an imperfect establishment because its mission to serve God and spread the Word of the Lord on earth was tainted by power-hungry and selfish clergy members. This dualism of the Church was recognized and satirized by Dante, who, through his use of Pope Adrien V, made a strong argument for divine justice.

Dante continues with the theme of duality in reference to Rome, the center of the Empire. In Paradiso, Dante encounters Justinian, the first Christian Emperor, who identifies himself as "I was Caesar and am Justinian" (87). This simple but striking duality is indicative of the broader attitude of Dante concerning Rome as a link between paradise and the world. When Dante enters the sphere of Mercury in Canto V, directly before he is introduced to Justinian, Beatrice tells Dante "'Speak, speak with confidence, and trust them even as gods.'" (81). Implicitly, Dante is stressing "the divine authority of the Empire that Justinian is to speak, of God's making, through its victorious history, of an earthly order in which men may find their public justice and peace" (Sinclair, 95). Dante is putting forth his idea that the glory of the Empire is a direct reflection of God's divine plan for mankind. In the opening of canto VI in Purgatorio, Dante references Emperor Constantine and his moving of the seat of the Empire from Rome to Constantinople in the following manner: "After Constantine turned back the Eagle against the course of heaven which it had followed behind him of old that took Lavinia to wife..." (87). The Eagle is a common metaphor for God that Dante uses often throughout the Commedia; thus, turning the Eagle "against heaven" is an explicit commentary on Dante's disapproval for Constantine's attempted movement of the center of the Empire. The remainder of the passage, "him of old that took Lavinia to wife," is a reference to Aeneas, the divinely directed founder of Rome. Dante clearly objects to the attempted move because he believes that Rome was chosen by God to be the center of the great Empire. Overall, the dualism of the Holy Roman Empire is accentuated throughout these early cantos in Purgatorio; Dante uses a Christian Emperor as his mouthpiece for this canto as a means of propagating his belief that the Empire, though it has a secular purpose, is of divine origin.

Like the earthly Church and like the "little simple soul" at the base of humanity, the Empire is a necessary element of ordered life. Dante related Roman Law to the chosen people of Palestine in that both groups were divinely temporal. Accordingly, this idea complements Virgil's Aeneid, in that it stresses the Godly origins of Rome. Thus, "the Emperor was an almost sacerdotal figure, who had been anointed by the grace of God to rule over the Christian people and to guide and protect the world..." (Sinclair, 98). Dante even goes so far as to liken the Roman emperor to Christ when Beatrice, in Purgatorio, says, "'Here thou shalt be a little while a forester, and shalt be with me forever a citizen of that Rome of which Christ is Roman'" (423). This passage follows the conclusion of the pageant, when the participants gathered around "the great tree" - a symbol for the natural law under which Adam and Eve were to live, "the ordinance to which they were freely to consent, in a word, their righteousness" (Sinclair, 430). Sinclair argues that this righteousness is manifested on earth as unity under one Empire; thus, all people are connected under the Empire through their innate sense of righteousness that was imprinted upon them by God. In this manner, Dante indirectly addresses the dual nature of Christ - to be man and divine. Dante, in Paradiso, puts forth the idea that the Empire and the heavens are eternally linked because Christ, by becoming man, "acknowledged the authority of the Empire" (Sinclair, 114) and represented "the perfected human order of Church and Empire" (Sinclair, 430). However, just as Dante proved with his commentary on Pope Boniface and the Church, any office of man is imperfect. The Empire, though subject to great praise by Dante, was the source of great antagonizing. The crucifixion of Christ, done at the hand of the Empire, is proof that the Empire of man is a flawed system; however, had the Empire not crucified Him, would there have been the Resurrection to save us from our sins? Fittingly, Beatrice, in canto VII of Paradiso, discusses redemption with Dante, stressing "the nature that was separated from its Maker He united with Himself in His own person by sole act of His Eternal Love. Now direct thy sight on what follows from that. This nature, thus united to its Maker, was pure and good, even as it was created; yet in itself, by its own act, it was banned from Paradise because it turned aside from the way of truth and from its life" (105). Dante presents an empirical conundrum that he cannot solve; instead, he looks to Beatrice and her divine wisdom. Beatrice relates the flaws of the Empire back to the flaws of man, proving once again that the duality of the Empire's conflicting origin and actions are a result of it being an agency of man.

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Dante, in his Commedia, was not shy about passing his judgment on contemporary people and their roles in earthly offices. However, Dante also recognized that duality among men is universal due to the fact that it is of the exact nature of man to try to synthesize their lives and spirits, which can seem quite incompatible at times. Dante saw this dual nature as so essential to man and to everything which man creates because it is a distinguishing factor of earthly office that is representative of the fall of humanity and why man cannot achieve the perfection of the Christ.


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In all societies exists some sense of spirituality. This may be religion or simp ...

In all societies exists some sense of spirituality. This may be religion or simply a sense of mindfulness and connection. While this aspect may be beneficial for communities, it may oppositely corrupt depending on in which ways it is enacted and received. In Margaret Atwood's novel, The Handmaid's Tale, the society, Gilead, is built upon a totalitarian government derived from a strict interpretation of the Holy Bible. Set in the near future, Atwood writes about a country riddled with infertility; the women, handmaids, who are capable of conceiving children are domesticated, nearly property to their household. Because of this infertility, birth transforms into a sacred occasion -- revered as the most valued event in Gilead -- so much so that "Birth Days" are shrouded as a holiday of sorts. Through the examination of a "Birth Day," one is able to recognize how this absolutist government presents this holiday as a means to maintain control, present hope, and manipulate freedom over the women.

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The women in Gilead are intensely segregated. Handmaids are employed in order to continue the race for the officials and wives who are unable to bear children. On these "Birth Days," the handmaids are refused cakes and other sweets that the wives snack on. The wives employ the excuse that the luxuries are unhealthy for the women and the babies; however, they only intend to oppress these women because they have leverage over the wives through intercourse with their husbands. Therefore, in any case control must be maintained. Depriving them of luxuries as simple as sweets is one way it is achieved easily. Secondly, the vehicles the two types of women take to the house of the birth is drastically different. The wives enjoy plush seats with large windows to the outside world while the handmaids receive wooden benches and thick drapes to obstruct their views. By placing this extreme difference in luxury, the handmaids are forced to recognize their caste. Their worth is based only on their ability to produce a child; they have become vessels instead of people.

Oppositely, "Birth Days" present a positive light. Due to the fact that babies are sacred and coveted in Gilead, producing one earns the handmaid a reward. She is able to receive praise and exemption from her duties for the entire term. Therefore, for one handmaid to conceive a child offers hope to the remaining. It is readily understood what a baby equals to these women. For a period they will have worth, praise, and love -- despite it being a false appearance. Secondly, the thought of a baby presents hope to the other house staff. For example, Cora, one of the Marthas, a maid, desires a baby because it equals recognition for her. Offred, the handmaid of her house, is a physical representation or hope for Cora. A baby for the family means that she will have a child to care for. It will bring people to the house whom she can wait on and impress with her skills of cooking and cleaning. A baby will make her life and efforts notices -- the same being said for a handmaid.

All handmaids in the district are forced to attend Births as a way to create a false sense of freedom. Due to the importance of the day, they are exempt from all obligations. Once arrived at the house, these women may do as they please -- within limits of course. They gossip with the other handmaids and become drunk off spiked grape juice. For a time, they are normal women not glorified sex slaves. They are free. It is teased before them intentionally alike to the control methods so that they understand their place. Moreover, the handmaid herself who is giving birth receives the scent of freedom. She is allowed to move freely around her room surrounded by her companions -- all to help her give birth. These women are presented with a fleeting sense of freedom, one that is manipulated to look desirable in order to get the job, birth, done.

As the novel revolves around this obsession with child birth, one is able to comprehend much. Women have become vessels, tools of sorts. As an attempt to mask this, the government glorifies birth itself. It is manipulated into a holiday in efforts to hide the cruel use of these women, the handmaids. They are manipulated so much so that women of all categories yearn for a birth day -- whether they be wives, Marthas, or handmaids. They yearn so that they may receive the benefit of control, hope, or freedom despite how temporary and oscillating they are between each birth.


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The poem “Disabled” by Wilfred Owen was written during World War I in 1917. ...

The poem “Disabled” by Wilfred Owen was written during World War I in 1917. Owen writes from the perspective of a double-amputee veteran from whom the battlefield took away all appreciation for life. This persona decides to reflect upon the various reasons that made him enroll. In this poem, the persona presents the effects of war on young male adults sent to war: their loss of physical abilities, innocence and youth, as well as society’s insufficient recognition of their actions during the war. It could be suggested that the author is exploring the theme of the futility of war and critique of society. The universal theme embedded in the poem Disabled by Wilfred Owen, and the subject of analysis in this essay, is the separation that war creates between those who stayed at home and those who fought: the so-called “two nation” effect. In order to convey these themes, the author employs structure, characterization, setting, contrasts and diction.

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The title of the poem is significant and reveals the “two nations” theme. It is the disability of the figure that sets him apart from the others; it is the reason why he will never be able to feel the pleasures of life again. This is highlighted by the fact that “women’s eyes passed from him to the strong men that were whole” (line 44). The use of the word 'whole' implies that he sees himself as incomplete, less than a man. Furthermore, numerous body parts are integrated into the poem: “knees” (line 10), “hands” (line 12), “veins” (line 18), “thigh” (line 20) and “leg” (line 21). These words emphasize the figure’s desire for a ‘whole’ body. Nevertheless, it is important to note that he is not only isolated physically, but also mentally, as war has made him insensitive to the pleasures of life. This is revealed by the fact that the sounds of youth and vigor are described as “saddening like a hymn” (line 4). This idea of the everlasting effects of war on the mental health of soldiers is also presented by Owen in the poem “Dulce et Decorum Est” as the soldier who died in front of his eyes continues in all his “dreams” to “plunge[r] at [him], guttering, choking, drowning.”

The reference point of “you” used in “Disabled” reveals the theme of the “two-nations”. The persona uses the third personal pronoun, where a “nonparticipant” serves as the narrator: “He sat in a wheel chair” (line 1), something that distances the reader from the figure. This detachment between the veteran and the reader can be interpreted as the distance between those who fought and those who stayed at home. The narrator, nevertheless, seems to have insight into the character’s mind, as the whole poem has a tone of wistfulness and the persona knows his desire, expressed in the penultimate line: “why don’t they come And put him to bed” (line 45-46). Furthermore, it should be noted that this contrasts with other poems written by Owen as this poem is very personal. It focuses on one soldier’s story while others such as “Anthem for Doomed Youth”, compare soldiers to cattle such that soldiers are seen as undifferentiated masses.

The structure of “Disabled” reveals different stages of the figure’s life. In fact, the poem consists of seven stanzas which can be grouped to distinguish five stages of his life. Furthermore, the alternation between past and present narrative of the figure’s life reveals his longing for the life he had before losing his legs.

The first stanza introduces us to an alienated figure that represents what is left of the male youth after war. The persona creates this alienated figure through characterization and setting. The figure is “in a wheeled chair” (line 1), "legless" (line 3), "waiting for dark," (line 1) dressed in a "ghastly suit of grey" (line 2). This portrayed figure evokes pity in the reader, as the man clearly does not feel any passion or joy for life: he is alienated by his physical disability, which is reinforced by the fact that his clothes are grey, and it appears that he is waiting for death. His isolation is highlighted by the words “dark”, “shivered”, “ghastly” and “grey”. Furthermore, the fact that he is “sewn short at elbow” leads the reader to question the conditions in which he lost his legs, evoking a sense of precaution and quickness. His physical description drastically contrasts with the setting surrounding him, further reinforcing his alienation. While he is described visually, the other persons are described orally: “voices of boys rang” (line 4) and “voices of play and pleasure” (line 5). The tone in which they are presented allows the readers to assume that, in the past, the subject had also been playing in the park with the other boys. The end of the first stanza invites the reader to accept the subject as being dependent on society and in search of protection as sleep "mothered" (line 6) him from the voices. This first stanza divulges the theme of the “two-nations” as war has made him disabled and alienated him from his surroundings.

In the second stanza, at first, the figure recalls when he was still part of society. This section clearly contrasts with the first stanza as the language changes from ominous to frivolous. This is highlighted by the use of alliteration between the words “glow-lamps” (line 8) and “girls glanced” (line 9), emphasizing the pace of the poem. His grey suit contrasts with the “light blue trees” (line 8). The figure’s reality is recalled in the line “before he threw away his knees” (line 10) in war. The use of the words “threw away” to describe the loss of his knees shows that he feels guilty and acknowledges his role in the loss of his legs. He describes what he considers as a symbol for the male youth sent to war lost: a life made of love and contentment. This is conveyed through a change in tactile imagery with girls: before the war, he felt “Girls waists” and “how warm their subtle hands” are (line 12), while now girls "touch him like some queer disease" (line 13). This underlines his isolation from society. Furthermore, it can be suggested that in line 13 the persona critiques society’s reaction towards disabled soldiers, as well as possibly revealing their implication in his current state.

The third stanza reveals that the veteran was “younger than his youth” (line 15) when sent to war. Yet, after one year in war, he became “old” (line 16), showing that war robbed him of his youth implying that his face is now older. In line 17 “He's lost his color very far from here” closely followed by the words “shell-holes” is the first allusion to war in the poem. Later, he goes on to describe the “Fear” (line 32) he felt on the battlefield. Here the use of the capital letter reinforces the feeling through personification. This conveys the “two nations” theme, as the reader will not be able to understand this capitalized “Fear” unless he himself had served in a war. Owen wrote several poems on life in the trenches revealing the horror of war and the fear felt by soldiers. This was the case in the poem “The Sentry”.

The fourth and fifth stanzas reveal the figure’s motivations for joining the army. They are ecstasy after a victorious football game, “drunk a peg” (line 23) and “to please the giddy jilts" (line 27). The decision, hence, encloses a feeling of euphoria, rapidness and desire for success. Influenced by propaganda and pressure from society, the persona presents to us here, in fact, a possible scenario which reveals a lack of reasoning on his part. This is probably true for most soldiers. This is further emphasized by the statement “Germans he scarcely thought of” (line 30). Most of the soldiers in World War I believed that, by going to war, they would turn into heroic masculine figures with girls waiting at home for them. They never considered the full implications of their decision. The idea of these benefits is shattered in this poem, as the figure is anti-war and reveals the “truthful” effects of war: loss of youth and innocence, and helplessness. Finally, the persona criticizes the people in power for allowing him to enroll though he was underage. This is revealed in line 29 when “Smiling they wrote his lie: aged nineteen years”. In this line, the sadness of the soldier's plight is heightened. His motivations underline the culpability of society for his choice, leading the reader to feel a sense of pity and compassion for the figure as he was simply too young and innocent to understand the full implications of his actions.

It is important to note that the persona uses an extended metaphor between the football game and war. This metaphor was quite popular at the time and commonly used by different poets, including Jessie Pope in the poem “Who’s for the game”. In this case, however, war does not turn out to be like a football game. This is highlighted by the fact that “he liked a blood-smear down his leg, after the matches, carried shoulder-high”. These injuries on the football pitch made him feel proud, masculine and heroic, as if he was celebrated by others. Yet, in the case of war, they conjecture a disgusting image, “leap of purple spurted from his thigh”. Hence, war, unlike a football game, is not fun and fair, and what is lost cannot be regained.

The persona introduces a three line stanza to create a transition between his promising past and his gloomy present. The soldier recalls when he returned home: “cheered” (line 37), but it was not the hero's welcome he had imagined. Not even "as crowds cheer Goal" (Line 37), emphasizing by capitalizing the word “goal” what the figure lost by going to war. The reader is yet again encouraged to feel sorry for his decision and subsequent loss. Owen's purpose is to show that the promises made to the soldiers are lies and that those who return from the war injured are detached from society, and pitied for their loss rather than being honored for their sacrifice as a man “inquired about his soul” (line 39). This is also presented in Owen’s poem “Dulce et Decorum Est”, where the honor and glory in dying for one’s country is referred to as “The Old Lie”.

The final stanza of the poem completes the circle by bringing the reader back to the figure’s present. This is underlined by the use of “Now” to start the paragraph, which results in a change in mood. The figure comes to the resolution that “he will spend a few sick years in Institutes / and do what things the rules consider wise" (lines 40-41). Demonstrating that he accepts and gives in to society pressure once more, becoming a passive young veteran who will forever be regarded as disabled. The figure has assumed his role as an object of pity taking whatever “pity they may dole," (line 42), once more underpinning his isolation from society created by using the pronoun "they", the nondisabled. The poem ends with an anxious plea: "How cold and late it is! Why don't they come/ And put him into bed? Why don't they come?" (lines 45-46). The repetitions of the last line as well as the use of exclamation and question marks emphasize his passiveness and dependence on others. The reader pities the figure that is no longer self-sufficient and fears: the cold, desolate and lonely life awaiting him.

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To conclude, the poem is undoubtedly revealing the “two nations” effect and forewarns future soldiers of the futility of war and the everlasting effects that it will have. The persona criticizes society for pressuring him to go while rejecting him later, when he comes back “disabled”. This is conveyed through Owen’s poignant use of structure, characterization, setting, contrasts and diction. The poem succeeds in conveying these messages to the reader in such a way that they feel obliged to respond and accept it as truthful. In my opinion, “Disabled” can be regarded as the epitome of anti-war poetry.


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Table of contentsIntroductionLow-Risk Investments With Cots ItemscotsEconomicall ...

Table of contents

  1. Introduction
  2. Low-Risk Investments With Cots ItemscotsEconomically Viable Means of Acquiring State-Of-The-Art Military EquipmentcotsFloss of Tactical AdvantagecotsCompatibility Issues Between Differnet Cots ItemsSuitability of Cots Items to Meet Own RequirementsGovernment Regulation and Export LimitationsSafety and Security ImplicationAddressing Obsolescence Issues in Military Syetemscots
  3. Conclusion

Introduction

Throughout the world, the defence industry has grown tremendously, producing equipment required by militaries all around the world. With private companies, the majority of sales consist of Commercial-Off-The-Shelf (COTS) items, as they hold significant advantages to all parties involved. From overall cost to obtaining higher quality and more advanced technology, it seems to be a trend to stay. However, COTS has not been defined officially by any international organization, but it has been generally accepted to be software or hardware that is bought directly from the market and used. Therefore, this essay shall include COTS that are completely unmodified and COTS that have been slightly modified to fit the needs of the purchaser.

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Low-Risk Investments With Cots Itemscots

Items hold a clear advantage over custom-procured items in that they are a low risk investment. COTS items are purchased after the product is available on the market, hence the product has gone pass the initial phases of product development, such as idea generation, prototyping and feasibility checks. As with most projects, the most risky phase exists in the developmental stages for the product as the product may ultimately fail from a multitude of reasons. Ranging from engineering limitations to management and decision-making problems, these all add cost and waste time for everyone involved in the project, explaining the high percentage of products failing. One of the newest aircraft in development, the Lockheed Martin F-35 Lightning II, is a prime example of the risk of developing new military equipment. Namely, the overrun of budget from the initial projected cost of 233. 0 billion for 2866 aircrafts till today’s 406. 1 billion for 2470 aircrafts, and being operational by 2012 which is long overdue. As the primary financial backer for this project, it has placed a huge strain on the US defence budget as a result, and not only will the program cost more but also procuring lesser sets for operational usage, at a later date. Such collaboration are also happening all around the world, with bigger and bigger projects in progress to develop better military equipment with more advanced technology incorporated into it, like the Eurofighter Typhoon. Therefore, by purchasing COTS items, it effectively mitigates all the risks involved in creating and manufacturing of a new product by simply acquiring it when it is near completion.

Economically Viable Means of Acquiring State-Of-The-Art Military Equipmentcots

Items have also become the most economically logical and effective way for smaller or poorer countries to be able to afford state-of-the-art equipment. The development of these top-of-the-line equipment often cost upwards of billions, especially when developing the next generation of warfighting capabilities. The project cost for the Northrop Grumman B-2 Spirit was 44,390 million, in 1994 dollars, without even including the cost of procuring, maintaining and operating of the bomber, while the fifth-generation fighter jets, such as the Lockheed Martin F-35 Lightning II and Chengdu J-20 programme cost are in the billions. To be able to cover the entire project cost, it would be a substantial increase in the entire budget of any country that wants to attempt creating them. Compared to the cost of procuring one from the manufacturer, the initial cost will be drastically reduced, allowing it to be possible to acquire that equipment. Additionally, COTS provides a way for countries and companies to develop and acquire the equipment they need. The complexity of next generation warfighting capability means collaboration between multiple parties, combining their expertise to produce the final product, especially for industries like submarine construction and fighter jets construction which are too complex for most countries to be able to create them proficiently on their own. Additionally, many non-combat infrastructures are obtained from commercial sources, such as building simulators for training purposes. Not only in actual military equipment, are non-combat infrastructure often obtained commercially from all around the world.

Floss of Tactical Advantagecots

Items are often produced to the same specification and build, meaning hardware are likely to have minimal differences while software, such as Microsoft operating systems and Microsoft Office, are often completely identical as no modification is required. By operating the same equipment, it becomes easier for weaknesses and defects in the system to be found and if possible, exploited to the detriment of the opposing party. In this age, information warfare has become critical in the planning of operations. From open sources, operational data and other key information such as military base layouts can be obtained easily, allowing enemy forces and to strategize around the limitations. Taking radar and submarines as examples, by knowing the operating range and depth, naval forces can plan their approach with a known parameter. Lowering the uncertainty in a military operation will improve the probability of success.

Compatibility Issues Between Differnet Cots Items

Compatibility is also another huge factor when using COTS items. Multiple studies have been done on the problems when integrating different COTS software into a main system, when a bigger system is built from smaller, building blocks . While there is standardisation and recommended practises within a programming language, it is still a recommended practise and there is no standardisation across different programming languages. Beyond that, there is an additional problem of different written language and the complexity of modern software. Compounding these factors together, it makes a potent mix of disaster that is waiting to happen.

Suitability of Cots Items to Meet Own Requirements

Lastly, as with any product, the main aim will be to make money and generate revenue for the company. This will motivate companies to cater their COTS items to the biggest spenders or the main acquirer of the new equipment, which are mainly countries like the US, China and Russia as seen by their military spending. Therefore, the hardware will be constructed to fit their climate and populations. While this will not pose a problem to countries that matches those parameters, Asian countries will need to customise the equipment to fit their own needs, which may not be possible. Differences like body build and climate makes a large difference in the overall effectiveness of the equipment. Asian body are biologically smaller than our European counterparts , and therefore, the range and reach of our body is smaller. This will effectively mean that equipment will have to be modified to fit the body build of the purchasing company. However, the difficulty will be high, especially with things like fighter jets, which heavily optimises every single part of the cockpit.

Government Regulation and Export Limitations

Military COTS products are often regulated by the governing body of the manufacturer’s country. Military equipment is naturally built for the purpose of war, and therefore there will be concerns on the sale of such equipment as it may be used for unorthodox purposes like suppressing protesters or inciting terror. Major players in this industry are often restricted by their governing body on what they are allowed to export. This is often achieved by the complete ban of sale of that equipment, like the Lockheed Martin F-22 Raptor, or by creating an export variant, such as the Type-214 submarine. Mainly, the reason for these bans is to deny adversaries the access to powerful technology, as reflected in the US’s national security priorities. This will result in either acquiring a less powerful version or purchasing other equipment, both of which are subpar substitutes.

Safety and Security Implication

With these pros and cons, there will be some cause for concern for safety and security. The US has identified COTS software to be an area of concern, and it is a common consensus between countries. However, COTS software often control and manage real machineries, from aircrafts to the missiles it carries. Therefore, operational security will be a big issue that needs to be tackled. As highlighted before, COTS items will naturally mean other countries with the same or similar equipment will be able to know key operating parameters. This means that the military has lost its advantage on information, and as such, other areas of planning and intelligence needs to cover this area of weakness. Software integration will impact on both safety and security greatly. With no international standardisation specifying how programmes should be programmed, a single command into an integrated system may lead to multiple actions or an error, neither of which is great. Even with the best programmers, such intricate and complex system often will have bugs remaining, as seen with large software-based companies like the Patriot system during the Gulf War of 1991, where a bug resulted in the failure to destroy an incoming enemy missile and 27 deaths. Contractors’ objectives of profit making will also pose a risk in security, as they prioritise other aspects, like effectiveness or cheaper production cost. This may place security of the device at the lower end of priorities, making them easier to be hacked or breeched. Being granted remote access to military information and equipment is rarely a good thing to happen, and threatens the lives of millions. With COTS items, there is a greater likely hood of being hacked, as the commercialization means that a single device or method will be able to deal copious amount of damage to the military.

Addressing Obsolescence Issues in Military Syetemscots

Items can easily be looked upon to deal with aging equipment, as seen in many examples throughout history. Most COTS equipment are often produced to be state-of-the-art technology, and often remain so for a long time, upwards of 20 years. The Republic of Singapore Navy followed this very format during the initial phase of its birth. Purchasing Independence-class patrol crafts from Vosper Thornycroft in the 1970s. (https: //www. mindef. gov. sg/oms/navy/Tracing_Our_Origins. HTM) This trend continued with the Sea Wolf-class missile gun boats, and similar purchases were made by Malaysia’s Navy with the Keris class patrol vessel. While time will be required to build the equipment and also to integrate the system together, the technology remains advanced and top-notch in its domain. COTS can also be used to help update and modernise equipment. Many warships and aircraft undergo mid-life upgrades, to improve its capabilities without the need to invest in a whole new ship. This keeps them relevant in the upcoming years and extends the service life plan. With multiple small upgrades throughout the system, such as better software for the computer systems on board or hardware like missiles, it extends the serviceable life span of the equipment, keeping it relevant and lowering costs.

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Conclusion

COTS items catered for the militaries all around the world will remain as a way for militaries to obtain the equipment they require. It is apparent that there will be both pros and cons when COTS is used as a solution, and therefore it will remain as a possible method to deal with operational requirements and budget considerations. Ultimately, it is a balancing act between what can be comprised and what is high on the priority list. Should specialized capability be required, it would only be possible through the development from scratch by the government or government contractors, and not through customization of COTS equipment out on the market.


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Commercial real estate, simply put, is any non-residential land or property mean ...

Commercial real estate, simply put, is any non-residential land or property meant to generate income or garner profit. Some examples of commercial real estate include industrial parks, hotels, office buildings, shopping centers, apartment buildings, parking garages and warehouses.

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Although investment strategies for commercial real estate are fairly simple, many investors don’t fully understand how commercial real estate works as an investment vehicle. Commercial Investors typically make money in three ways: one, by purchasing or leasing the property and charging tenants rent in exchange for use of the property, two by appreciation in the value of the held property over time and three by brokering or negotiating a deal between a buyer and a seller of the commercial property. In this article, let’s examine the second of these commercial investment strategies a little more closely:

The opportunity for potential returns from a commercial real estate investment can come from appreciation over the period that the investor holds it and from value adding improvements. This unfortunately isn't always the case and even the best investors can still lose money despite their best efforts and most creative strategies. If demand increases for your property, or in the area right around your property, there’s a good chance that tenants will be willing to pay higher rent, and prospective buyers will be willing to pay a higher price than you paid originally to take it off your hands.

Appreciation based on supply and demand isn’t the only way a property's value can increase. Many investors take an active “value-add” approach to commercial real estate, making improvements to the property to increase its essential value or its ability to earn income. One example of this would be updating the amenities and improving cosmetic details of a multi-family apartment building. Updates such as these can allow the owner to charge higher rent for nicer apartments. Methods outside of improving the property might include rezoning an adjacent parcel of land, say from residential to multi-family, so that more apartments can be built. Any money spent to renovating a building can potentially boost the selling price of the building in the future.


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Table of contentsLanguage BarriersPhysiological BarriersAttitudinal BarriersLang ...

Table of contents

  1. Language Barriers
  2. Physiological Barriers
  3. Attitudinal Barriers
  4. Language barriers

Language Barriers

Clearly, language and linguistic ability may act as a barrier to communication. However, even when communicating in the same language, the terminology used in a message may act as a barrier if it is not fully understood by the receiver. For example, a message that includes a lot of specialist jargon and abbreviations will not be understood by a receiver who is not familiar with the terminology used.

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The psychological state of the receiver will influence how the message is received. For example, if someone has personal worries and is stressed, they may be preoccupied by personal concerns and not as receptive to the message as if they were not stressed. Stress management is an important personal skill that affects our interpersonal relationships. Anger is another example of a psychological barrier to communication. When we are angry it is easy to say things that we may later regret and also to misinterpret what others are saying. More generally, people with low self-esteem may be less assertive and therefore may not feel comfortable communicating - they may feel shy about saying how they really feel, or read negative sub-texts into messages they hear.

Physiological Barriers

Physiological barriers may result from the receiver’s physical state. For example, a receiver with reduced hearing may not grasp the entirety of a spoken conversation, especially if there is significant background noise.

An example of a physical barrier to communication is geographic distance between the sender and receiver(s). Communication is generally easier over shorter distances as more communication channels are available and less technology is required. Although modern technology often serves to reduce the impact of physical barriers, the advantages and disadvantages of each communication channel should be understood so that an appropriate channel can be used to overcome the physical barriers. For example, often a text message is more readily received than a telephone conversation by someone who has difficulty being understood or suffers memory problems.

Attitudinal Barriers

Attitudinal barriers are behaviors or perceptions that prevent people from communicating effectively. Attitudinal barriers to communication may result from personality conflicts, poor management, resistance to changes, or a lack of motivation. Effective receivers of messages should attempt to overcome their own attitudinal barriers to facilitate effective communication.

The norms of social interaction vary greatly in different cultures, as do the way in which emotions are expressed. For example, the concept of personal space varies between cultures and between different social settings.

Language barriers

Obviously attempting to communicate with someone who speaks and/or reads a different language is problematic. As is communicating with someone who speaks the same language but whose command of that language is rather different from one’s own.


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Outline the differences between the rules of tracing at common law and in equity ...

Outline the differences between the rules of tracing at common law and in equity. Should the rules of tracing at common law be changed so that they are not as restraining as at present?

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The law of tracing has historically been beset with confusion about the nature of the tracing process. It is sometimes referred to as a right, remedy or a cause of action. More recently, it appears to have emerged that tracing is neither a right nor a remedy and does not give rise to any cause of action. Rather, it is a process for identifying the location of value as a necessary preliminary step to the making of certain claims. It helps to ensure that a claimant's claim in relation to that value is not defeated when the defendant or a third-party deal with it. This essay explores the many arguments for and against the unification of tracing rules, and considers the advantages and disadvantages of both. Particularly important are the arguments put forward by Lord Millett in support of unifying the two sets of rules, but Rimer J arguing against this highlighted that a few obstacles, for example the requirement of a fiduciary relationship need to be overcome before this can happen. It will be concluded that common law and equitable tracing are indeed distinct at present, and the differences between both must be wiped out before they can possibly be unified. Moreover, the fiduciary requirement should be removed in order to make equitable tracing if both sets of rules are to be unified.

Differences at Common Law and Equity

The main reason for two sets of rules for Tracing is mainly the distinction of rules at common law and in equity historically. Lord Greene explained the difference as a materialistic approach of the common law and a metaphysical approach under equity (Re Diplock 1948). Tracing at common law in respect of the property and any profits derived from it remains possible provided the trust property or its clean substitute is segregated and identifiable, i.e. not been mixed with other property. Under Common law the rules are characterised by a restrictive approach and the right to trace at common is lost once the property has been mixed. Most cases involve a claimant wanting to trace into a mixed bank account, and Lord Goff in the case of Lipkin Gorman v Karpnale highlighted that ‘at common law, property in money, like other fungibles is lost as such when it is mixed with other money.’ On the contrary, tracing in equity assists a beneficiary in the establishment of a proprietary claim over property that has been mixed, which is compared to common law tracing much more flexible and likely to apply to real world scenarios where misappropriated funds are likely to be mixed. Equity will allow the claimant to trace into a mixed fund in the process by which the beneficiary can identify some of the property against which he may establish a new equitable proprietary right, though there is a fiduciary requirement.

Judges and commentators have voiced regret that the law had failed to develop a single system of rules to determine the availability of proprietary claims. This was particularly voiced in the case of Jones FC & Sons v Jones 1996 by Lord Millett, who said that having two distinct tracing rules at common law and in equity was of no advantage, given that tracing is not a remedy neither a right, but merely a process by which a claimant establishes what has happened to his property and claims that the assets which he is claiming can be regarded as representing his property. Lord Millett was persuaded that in fact, there was nothing inherently legal or equitable about the tracing process. Thus, it makes no sense to have two separate rules, and the unification of these rules would be sufficient.

Following Foskett v McKeown, there appears to be authoritative support for future courts to depart from the fully historical approach which was in favour of two set of rules. In the case of Foskett, both Millet and Hope supported a single set of tracing rules applicable both at common law and in equity. Peter Birks also supports this notion that allows tracing to be cleanly separated from the business of asserting rights in relation to assets successfully traced, and argues the process should be viewed as neutral. He has labelled the process of identification as neither legal nor equitable, but rather neutral as to the rights exigible in respect of the assets into which the value in question is traced.

Lionel Smith has even argued that the decision in Taylor v Plumer was decided by a common law court, but the rules of equity were in fact applied seeing as the case concerned equitable rights. Lord Millett agreed, contradicting his previous thoughts in Agip v Jackson regarding the case of Taylor v Plumer. Also, the decision in Agip v Jackson makes clear that tracing at common law is too harsh, and makes it difficult to trace into mixed property, which is entirely in contrast with the flexible possibilities afforded by tracing in equity. This bifurcation has therefore been regarded as unnecessarily convoluted and leads to confusion.

On the contrary, Rimer J in Shalson v Russo 2003 was not persuaded by the decision of Foskett, and established the need to identify that there is indeed a difference between common law and equitable rules of tracing, in specific the need to identify a fiduciary relationship under equity as being a precondition to tracing into a mixed fund. A further difficulty could arise in relation to the fiduciary relationship, for example, with a thief stealing money. Although the victim may trace his money under equity, how can a thief be said to be in a fiduciary relationship with the victim of his own crime? Traditionally equity has required for there to be a fiduciary relationship owing to which the assistance of equity may be invoked. One must agree with Rimer J, and he is correct in saying that the obiter in Foskett was indeed incomplete for failing to recognise this difference. In order for the law on tracing to be clear and coherent it is important to ensure that such anomalies are cleared.

Support for this can be indicated via the other speeches in Foskett. For example, Lord Browne-Wilkinson although in agreement with Lord Millett highlighted that he did not wish to discuss whether the legal and equitable rules of equity are similar or different. Furthermore, Lord Hope did not even make a comment, which could be indicative of the fact that he was not entirely satisfied with the arguments made highlighting that both set of rules are the same. Indeed, the difference between common law and equitable tracing has been around for a long time, Foskett has not swept away this long recognised difference. Therefore, the distinction between both set of rules must be maintained until there is a solution to the need for a fiduciary relationship under equity as opposed to common law tracing.

Following this, certain case law has hinted at the fact that there may not be a need to establish a fiduciary relationship in order to allow equitable tracing. In the case of Agip, Lord Millett was of the opinion that deciding what can be classed as a fiduciary relationship is based on authority, not principle, and is decided on a case-to-case basis and entirely at the discretion of the court. There is no single definition of fiduciary relationship, simply that a person owes a duty of loyalty to his or her principal (Millet in Bristol & West Building Society v Mothew). The courts have been criticised for finding fiduciary relationships just to allow people to access equitable tracing (Campden v Chakrani). Moreover, it is difficult to decide what should happen if a fiduciary relationship has been breached, and whether a proprietary or personal claim arises. This in itself is problematic as highlighted in the cases of Lister v Stubbs, AG Ref v Hong Kong, Sinclair, and FHR v Cedar. This difference is important seeing as proprietary claims are more advantageous and help to access equitable tracing. In the light of the aforementioned arguments, it is argued that the fiduciary factor should be removed, and the process of tracing should be unified.

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In the light of the arguments mentioned in this essay, it will be concluded that Rimer J is correct in establishing that the precondition of a fiduciary relationship under equitable tracing still remains a difference between both sets of rules which cannot be ignored. However, the fiduciary factor may not be essential in order to access equitable tracing, so perhaps removing the fiduciary factor may be something which will occur in the future. Moreover, the fiduciary factor may cause problems, for example deciding whether a proprietary or personal claim should arise. The arguments for a unified approach put forward by Lord Millett in specific are incredibly convincing, though one must agree his arguments are incomplete. For the aforementioned reasons, the two set of rules must be kept separately at present. Before a unified approach can be adopted, the issues must be resolved in some way in order to make the law of tracing reasonable.


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Table of contentsNoise and its EffectsNoise and RegulationNoise and Air TrafficA ...

Table of contents

  1. Noise and its Effects
  2. Noise and Regulation
  3. Noise and Air Traffic

Anthropogenic noise is one of the least understood and most common threats to National Parks. Energy development, infrastructure expansion, and urbanization create a noise footprint that fragments the acoustical landscape and restricts the natural quiet to brief intervals in most protected natural areas. A group of National Park Service retirees compiled what they considered the Parks most threatened by noise; Mount Rushmore National Monument, Hawaii Volcanoes National Park, Everglades National Park, Mojave National Preserve, and Minute Man National Historical Park. All of these Parks have anthropogenic noise in common, whether from air tours, motorcycles, all-terrain vehicles, power boats, or city traffic. The Parks where they felt visitors could still find quiet and natural sounds were; Great Basin National Park, North Cascades National Park, and Muir Woods National Monument. One reason Muir Woods National Monument is quieter has been the institution of “quiet days” within certain areas of the Park. Merely by posting signs designating quiet areas, visitors respected the call for quiet and resulting in significantly lower overall noise in these areas. Because of this success, Cathedral Grove has been dedicated as a permanent place of peace and quiet. Muir Woods National Monument found their answer to anthropogenic noise was found by changing behavior instead of other strategies such as limiting the number of visitors. In this way, the Muir Woods appealed to visitors to alter their behavior, thereby changing and restoring a more natural soundscape.

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A person’s experience in nature affects how they feel and can influence a decision to visit again or support protection programs. The presence of natural sounds enhances the experience and may increase a person’s value of nature. This enjoyment of nature and wildlife can begin a feedback loop that has the ability to increase biodiversity through conservation and policies that protect natural soundscapes. “ The role of natural soundscape conditions for human experience and for processes within ecological communities is not yet fully known, but the weight of evidence suggests that soundscapes play a larger role in regulating ecological communities and human experiences than we would have ever imagined just ten years ago”. For many people, the absence of human sounds provides an opportunity for reflection and introspection. This, in turn, encourages their support of the mission of the National Parks. The National Parks can then be a space to appreciate the beauty and majesty of the wilderness and the illusion of being alone.

Pushing for more research, Dumyahn and Pijanowski focus on the impact of noise on both people and wildlife and to add value to conservation efforts. The study reports the Parks are quieter than urban and suburban communities but that noise is audible for a significant part of the day. While illustrating the parks are quieter, the goal of the National Park Service is natural quiet as outlined in their management policies. “Separation from the sights and noise originating outside wilderness is one of the primary indicators used to gauge success in wilderness preservation.” Using separation as one goal, metrics can be developed to move toward a quieter soundscape.

Dumyahn and Pijanowski propose a soundscape conservation framework for public lands with the following principles: the conservation of soundscapes can benefit by being treated like conservation of biodiversity, managing soundscapes at the landscape level, considering ecological and social values associated with soundscapes, and be consistent with public area soundscape resource management goals being proposed by natural resource agencies, such as the National Park Service. Miller feels it is important to measure both the duration of noise-free intervals and how loud human-produced sounds are relative to the natural sounds as part of soundscape quantification. Additionally, soundscapes must have management goals that recognize both spatial and temporal importance. Migrating species may depend on these visits which are temporal but still must be included in mitigation plans. To set management goals, the soundscape must first be studied, and scientifically quantified, and only then can comprehensive plans be proposed.

Noise and its Effects

'Calling noise a nuisance is like calling smog an inconvenience. Noise must be considered a hazard to the health of people everywhere.' Dr. William H. Stewart, former U.S. Surgeon General in his keynote address to the 1968 Conference on “Noise as a Public Health Hazard”. The Noise Control Act of 1972 worked to make an environment free from noise that puts health or welfare in danger but the funding was ended in 1981 by the Reagan administration and the regulations and the protections were allowed to lapse. Since that time, nothing has replaced the Noise Control Act, and therefore, no incentives to control noise. Anthropogenic noise impacts human health in many insidious ways. Increased sound decibel levels have a clear association with hearing loss but other health factors are affected. Short-term effects include increased blood pressure and heart rate. Chronic noise exposure can increase stress, and annoyance, raise blood pressure, disturb sleep, and decrease task performance. Noise-related studies point to decreases in memory, poor mood, stress recovery, and cognitive restoration. Noise interferes with workers’ ability to concentrate on difficult tasks and reduces worker efficiency. Even children are affected by chronic noise, illustrated by a greater likelihood of reading deficits and falling behind in other academic areas. Examples of common sounds and amplitude or loudness measured in decibels (dB) are breathing which is at the lower threshold of hearing at 0-10 dB, a conversation indoors is approximately 50 dB, annoyance begins at 70dB, and the usual sound level of freeway traffic, vacuum cleaner or loud party. Hearing damage begins at 100 dB and human pain at 120 dB, the level of chain saws, sirens, and thunderclaps. Daniel Fink has called noise “the new secondhand smoke” due to its well-documented effects on human health. In addition to pollution, chronic noise exposure has environmental justice implications and is an area for further study. With the multiple health deficits and possible injuries caused by noise, the desire to leave it behind and escape to the quiet of the National Park becomes clear.

Noise and Regulation

The Environmental Protection Agency (EPA) is responsible for the regulations concerning noise pollution in the United States. The National Environmental Policy Act of 1969 (NEPA) requires federal agencies to disclose an accurate description of the potential environmental impacts of proposed federal actions. The Government imposes regulations during the planning of federally-funded projects or projects on federal land utilizing NEPA. “NEPA requirements are invoked when airports, buildings, military complexes, highways, parkland purchases, and other federal activities are proposed. Environmental Assessments (EA) and Environmental Impact Statements (EIS), which are assessments of the likelihood of impacts from new projects, are required from all Federal agencies and are the most visible NEPA requirements”. NEPA does not require Federal Agencies to prepare an EIS to avoid or mitigate impacts even if mitigation is feasible.

The State of California utilizes a similar program, the California Environmental Quality Act (CEQA) governing projects that are carried out by a state agency or that require state approval or funding. CEQA is similar to NEPA but projects must additionally provide an Environment Impact Review (EIR) and attempt to mitigate environmental impacts and monitor results. The EIR must contain the environmental impact of the project, any adverse environmental effects that cannot be avoided, proposed mitigation to minimize the impact, alternatives to the project or action, and any irreversible environmental change. It requires that all stakeholders be informed of potential environmental impacts and it gives the public an opportunity to not only read the EIR, but the ability to submit a public comment before the agency acts.

Controlling anthropogenic noise is a complicated issue. Other than the National Park Service, there are no policies that govern monitoring or managing anthropogenic noise in natural areas. Oil and gas exploration, wind energy, logging, mining, and other manufacturing businesses, unless it is a government-funded projects, are not required to study or limit noise. This gap is a missed mitigation opportunity that could improve habitats and ecosystems. There are currently no incentives for private companies to curb industrial or transportation noise in natural areas and without enforced regulations, change is unlikely.

A unique way to look at soundscapes is as a common-pool resource that must be managed to the benefit of all stakeholders. Natural quiet is an example of a common property resource that is owned by all but is subject to overuse and degradation by the few if not managed in the public’s interest. In the classic paper, “The Tragedy of the Commons,” Garrett Hardin postulates that what is needed to manage a common property resource; “mutual coercion, mutually agreed upon by the majority of the people affected”. Soundscapes have key features of common-pool resources; they have multiple users, it is difficult to exclude users, it can be degraded by overuse and one user can subtract the benefits from another user. Utilizing this framework, an air tour could be impacting people on the ground and subtracting their resource of natural quiet without recognizing their impact on others on the ground. Possible common-pool resource soundscape solutions could be allocating use, limiting access, and aligning incentives. “Using common pool resource theory, it can be recognized that the soundscape has a flow of benefits to many resource users; natural sounds, ecosystem function, cultural and historical heritage, silence or natural quiet, ability to communicate with one another, and even creating a sense of place”. While limits are never desirable, the preservation of the natural soundscape may require changes in behaviors if voluntary alternatives fail. “Plainly, we must soon cease to treat the parks as commons or they will be of no value to anyone” (Hardin 1968, 1245). Government agencies must establish regulations and enforce agreed-upon rules for the benefit of all stakeholders.

Noise and Air Traffic

One source of noise in Yosemite National Park is from high-altitude commercial jets, military jets, and small aircraft used for sightseeing impacting the soundscape in Yosemite National Park. The origination and destination of the greatest number of high-altitude jets are the Bay Area airports. The Federal Aviation Administration (FAA) has organized these bay area airports into the NorCal Metroplex to create an “Optimization of Airspace and Procedures” project. The NorCal Metroplex is San Francisco International, Oakland International, Norman Y. Mineta San Jose International, Hayward Executive Airport, Palo Alto Airport, and Sacramento International Airport. These six airports account for over 2000 scheduled flights in 2017 with the number of flights going up each year.

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The stated aim of the Metroplex plan is to improve the efficiency of air travel, in part, by concentrating planes on more direct routes using consistent, repeatable approaches to airports. Whereas in the past, before the implementation of the Metroplex, planes spread out across a large region with flight paths dictated by weather and pilot knowledge, planes are now directed onto specific pathways using satellite technology. Yosemite National Park is bisected by a straight line from San Francisco and other NorCal Metroplex towards airports to the east. At issue is that the Federal Aviation Administration does not consider how noise impacts quiet, natural habitats. For areas with soundscapes of less than 45 dB, the baseline for very quiet, the FAA does not consider any need to study noise impacts. It argues “it’s pointless to analyze plane noise impacts when an area is already so quiet and thus easily disturbed by minor noise increases”. In his book, “One Square Inch author Gordon Hempton perfectly describes the issue of air traffic over national parks; “The problem is that the jet noise is so much louder than the quiet ambiance: for every 3-dBA increase there is twice as much energy; for every 10-dBA increase an event will sound twice as loud.” In a January 2014 letter to the FAA, Christine Lehnertz, the NPS Pacific West regional director, specifically requested that the FAA include Yosemite National Park in its environmental assessment, noting that a significant amount of east-west air traffic in the NorCal Metroplex flies over the park and that the NPS has the extensive documentation about the frequent, negative impacts on wildlife and visitors”. The FAA responded that Yosemite National Park was outside the geographic bounds of the NorCal Metroplex and that flights were more than 18,000 feet above the ground and that it had no reason to analyze noise in Yosemite National Park. “The NPS found that aircraft were audible fifty-five percent of the day at Granite Lake near Tioga Pass; fifty-eight percent of the time at Tuolumne Meadows; and between forty-one percent and forty-nine percent at locations along the Tioga Road corridor”. Additionally, after repeated requests from the National Park Service, the FAA refused to disclose how many commercial jets fly over the national parks in the Metroplex area. While not all air travel into the NorCal Metroplex originates in the east, approximately forty-four percent of San Francisco arrivals use the Mod Star (Modesto standard terminal arrival), twenty-nine percent of Oakland arrivals, and thirty-five percent of San Jose arrivals (FAA, NorCal OAPM EA) use these route that accounts for the majority of flights that pass over Yosemite National Park. The majority of the information concerning the NorCal Metroplex routes is for the three Bay Area airports with little route information for Hayward Executive Airport, Palo Alto, and Sacramento International Airport. Therefore, the figures below do not account for all air traffic into the NorCal Metroplex that flies over Yosemite National Park. The figures below illustrate the volume of air traffic into three of the NorCal Metroplex airports in the Bay Area; San Francisco International, Oakland International Airport, and Norman Y. Mineta San Jose International Airport.


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Common Types of Network Attacks:Get original essayEavesdroppingAt the point when ...

Common Types of Network Attacks:

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Eavesdropping

At the point when an attacker is eavesdropping on your communication, it is alluded to as sniffing or snooping. The capacity of an eavesdropper to monitor the system is for the most part the greatest security issue that executives look in an undertaking. Without solid encryption benefits that depend on cryptography, your information can be perused by others as it navigates the system.

Data Modification

An attacker can modify the information in the packet without the knowledge of the sender or receiver. Regardless of whether you don’t require confidentiality for all communications, you don’t want any of your messages to be altered in travel. For example, if you are trading buy orders, you don’t need the things, sums, or charging data to be adjusted.

Identity Spoofing (IP Address Spoofing)

After gaining access to the system with a substantial IP address, the assailant can adjust, reroute, or erase your information. The attacker can likewise direct different kinds of attacks, as described in the following sections.

Password-Based Attacks

When an attacker finds a valid user account, the attacker has the same rights as the real user. Therefore, if the user has administrator-level rights, the attacker also can create accounts for subsequent access at a later time.

After gaining access to your network with a valid account, an attacker can do any of the following:

Obtain lists of valid user and computer names and network information.

Modify server and network configurations, including access controls and routing tables.

Modify, reroute, or delete your data.

Denial-of-Service Attack

After gaining access to your network, the attacker can do any of the following:

Randomize the attention of your internal Information Systems staff so that they do not see the intrusion immediately, which allows the attacker to make more attacks during the diversion.

Send invalid data to applications or network services, which causes abnormal termination or behavior of the applications or services.

Flood a computer or the entire network with traffic until a shutdown occurs because of the overload.

Block traffic, which results in a loss of access to network resources by authorized users.

Man-in-the-Middle Attack

For example, the attacker can re-route a data exchange. When computers are communicating at low levels of the network layer, the computers might not be able to determine with whom they are exchanging data.

The person on the other end might believe it is you because the attacker might be actively replying as you to keep the exchange going and gain more information. This attack is capable of the same damage as an application-layer attack, described later in this section.

Compromised-Key Attack

An attacker uses the compromised key to gain access to a secured communication without the sender or receiver being aware of the attack with the compromised key, the attacker can decrypt or modify data, and try to use the compromised key to compute additional keys, which might allow the attacker access to other secured communications.

Sniffer Attack

Using a sniffer, an attacker can do any of the following:

Analyze your network and gain information to eventually cause your network to crash or to become corrupted.

Read your communications.

Application-Layer Attack

The attacker takes advantage of this situation, gaining control of your application, system, or network, and can do any of the following:

Read, add, delete, or modify your data or operating system.

Introduce a virus program that uses your computers and software applications to copy viruses throughout your network.

Introduce a sniffer program to analyze your network and gain information that can eventually be used to crash or to corrupt your systems and network.

Abnormally terminate your data applications or operating systems.

Disable other security controls to enable future attacks.


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