Bringing Adam Home Essay Example for Free

Bringing Adam Home Essay Bringing Adam Home review examines the story of the decades-long investigation into the abduction and murder of 6-year-old Adam Walsh. The police investigation took 27 years to prove guilt of the serial killer, Ottis Toole, who made multiple confessions to the murder. The book is written by the experienced detective writer Les Standiford with the help of the retired detective Joe Matthews, who finally found evidence of Toole’s committing the murder 27 years afterwards. The case of Adam Walsh has influenced the American society in the way that legislatures were made protecting children, and practices were adopted helping find missing and potentially abducted children. Key words: abduction, evidence, investigation, kidnapping, murder. Bringing Adam Home Book Review Standiford, L., Matthews, J. (2011).Bringing Adam home: The abduction that changed America. New York, NY: Harper Collins. ISBN:9780061983900. Bringing Adam Home is the story of the decades-long investigation into the abduction and murder of 6-year-old Adam Walsh who missed from a local Sears in Hollywood, Florida, on July 27, 1981. The police investigation took 27 years to prove guilt of the serial killer, Ottis Toole, who made multiple confessions to the murder – yet the Hollywood, FL, police department did not believe him and failed to use any of evidences that had been found. The abduction of Adam Walshblew people’s minds and undermined their sense of protection. The American society has never been the same ever since – parents did not let their kids play alone outside, nor did their ever say ‘Be home by dark’; a child could be left nowhere unsupervised. It was Adam’s family bad luck that at that time, there were no Amber Alerts and no national data base for crimes against children. Adam’s parents, John and  Revà © Walsh, bent backwards to change the situation. They became renowned crime fighters, propelled the passage of the 1982 Missing Children Act, and John Walsh became a host of the television program America’s Most Wanted (Standiford2011). Adam Walsh’s kidnapping was not only the most important casein American history of missing children that changed the corresponding legislature but also the most famous one. Many people still remember themselves being kids and watching it on the news (Martin, 2011). However, the details of the case are not as well-known as they should be; given the coverage in the media.The more emotional side of the story, through the eyes of the Walsh family, is rendered in Tears of Ragewritten by John Walsh (Scott, 2011). The puzzle of the botched investigation that ran over almost three decades was solved by the retired Miami detective Joe Matthews and written down by the acclaimed writer Les Standiford, the au thor of 9 fiction novels and 6 non-fiction books (Standiford, 2001). The authors open their cards in the very beginning of the book and introduce the killer, Ottis Toole, right in the second chapter. Toole was a low IQ drifter who set fires and assaulted people to relieve his psychological pressure. From chapter 2 to 4, the authorsgive a detailed recount of the work of Hollywood detective Hoffman who could not organize his work so not to lose important clues and evidence and who was not very keen on the idea that Toole was the killer. According toMatthews, Hoffman is portrayed as a moody and self-contained investigator who â€Å"looked like a guy who disapproved of most things on general principle† (Standiford, 2001). Apart from disregarded leads and lost evidences, Hoffman also treated Adam’s parents carelessly not bothering to inform them that their friend Jimmy Campbell, who was prime suspect, had been cleared. For many years John and Revà ©Walsh received no information from the police as for the investigation of their son’s murder. Matthews felt that it was extremely insensitive on the part of Hoffman. Together with undeveloped enough forensic methods, the case of Adam Walsh advanced by imperceptible pace. As Reve Walsh put it: It was a sad thing for this country that the fight had to be led by two broken-down parents of a murdered child(Standiford, 2001). The authors underscore that it could not be said that the Hollywood department was incompetent. Rather that the case was too difficult, and Detective Hoffman turned out to be too snobbish not only to ask for help but also to accept help from Joe Matthews when he  offered it not once. Hoffman was â€Å"too unstructured and ill-equipped† for such mind-bogging case (Standiford, 2001).Det. Serg. Matthews was a lie detector expert and an experiences homicide detective and, being hired by the Hollywood, Fl, Police Department, he was very interested by the case and was ready to use his knowledge to solve the case. Among other things, the difference in approaches of two detectives was that Hoffman was obsessed with finding physical evidences linking Toole to the Adam’s murder; while Matthews believed that circumstantial evidence could make do in some cases. That meticulous recount of all glaring mistakes of the Hollywood, Fl, police department and the detailed description of their daily working life had its aim in showing that detectives’ work is far from the glamorized TV series. Doing on a daily basis such boring chores as searching for a person who moved and did not leave the new address, or surveilling a suspect for many days, exhaust detectives, and the not very dedicated ones â€Å"let things slide† (Standiford, 2011).Standiford and Matthews seem to mention every lead that was not followed, and every report that was incomplete or even falsified. Matthews blames the manner of interrogation when the suspect was let speak without asking necessary questions, and he found the witness who was consistently ignored by Hoffman. The most shocking omission, the reader may consider, was the neglect of the repeated confessions by Toole with a graphic description of the whole process of abduction, murdering, sodomizing, and decapitating of Adam Walsh and the subsequent dismembering and setting ablaze his body. Toole even gave a sensational interview to Jacksonville Times Union where he repeated his confession to the murder of Adam Walsh (Standiford, 2011). Chapters 5 to 6 focus on Matthews’s account of how he proceeded with the investigation. It became possible only after Hoffman was transferred to the Patrol Division in 1994 (Standiford, 2011). Matthews spent two years and nine months reviewing the case and adding new materials. In the end,Matthews had multiple eyewitness identification of Toole taking Adam from Sears, twenty-five independent confessions to the crime made by Ottis Toole, and most important of all – missed by previous investigators – luminal images of machete and luminal outline of a child’s face on the carpet of Toole’s Cadillac. It finally proved Ottis Toole to be the man who committed the crime. The first part of the book does not make an easy reading. When Toole gives his numerous confessions to various  detectives all the same details of the murder, rape, and dismembering are repeated ad nauseam, without adding anything new. Because of it, for those readers who like genuine crime stories, the book may seem quite slow. Standiford and Matthews were extremely repetitive in details of the crime itself, its prolonged investigation, the history behind the suspects, and descriptions of Toole’s perversions. However, the authors rather had in mind to show how the process of investigation can be dragged for years due to the inability of the police to find hard evidence for the already confessed crime. Standiford, who is an experienced detective writer with a number of narrative non-fiction stories under his belt, narrates dryly and matter-of-factly, which contributes to the authentic feel of the blood-chil ling story. Despite waving their incompetence, Matthews provides a scrupulous evidence of the Hollywood, Fla., police department’s negligence, thus making it difficult to believe that behind such an undisciplined behavior may be anything other than a conspiracy to cover up its incompetence. The authors’aim seems to lay in proving two points. Firstly, the case could have been solved within two years, when Ottis Toole was arrested for arson and confessed repeatedly to the murder of Adam Walsh saying that he was â€Å"very, very sorry that he did it† (Standiford, 2011). Secondly, the police department of Hollywood, FL, had a chance to solve the case quickly, had they let do it to Det. Serg. Matthews. Bringing Adam Home is a gruesome story of justice finally served two decades too late. By that time, though, Ottis Toole had died in prison. And our society has changed. Now kids are warned about strangers. No one leaves their kids in the toy area and goes shopping anymore. Lawenforcement has transformed its practices to better protect children. Public places have adopted Code Adam, a powerful search tool for lost and potentially kidnapped children (Code Adam, n.d.). Code Adam is a predecessor to Amber Alert, a network of notifications to the public through urgent bulletins on television and radio. References Code Adam.(n.d.). The National center for missing exploited children. Retrieved from http://www.missingkids.com/CodeAdam Martin, C. (2011, February 09). Book Review Bringing Adam home by Les Standiford[Web log post].Retrieved fromhttp://www.chaoticcompendiums.com/2011/02/book-review-bringing-adam-home-by-les.html Scott, M. (2011, February 26). Bringing Adam home offers strong proof in the 1981 murder of Adam Walsh. Cleveland.com. Retrieved fromhttp://www.cleveland.com/books/index.ssf/2011/02/bringing_adam_home_offers_stro.html Standiford, L. (2001). Biography[Web log post].Retrieved from http://www.les-standiford.com/Pages/Biography.html Standiford, L., Matthews, J. (2011).Bringing Adam home: The abduction that changed America. New York, NY: Harper Collins. E-book

Empowerment supports organisational objectives at the expense of the individual worker Essay Example for Free

Empowerment supports organisational objectives at the expense of the individual worker Essay Introduction Companies today are designed in someway, at some level, to develop individuals either for their own sake, the companys sake or hopefully for both. The team has become a sophisticated structure. I t is finely engineered, maintained to a high standard, and when running smoothly it is highly productive (Cole, G, A, 1997: 63). It provides an environment in which energy can be maximised towards corporate needs, which also allows the individual to satisfy his or her own needs within work, rather than only outside of it. So often seemingly dull unimaginative and uncreative employees surprise their companies when they reveal the depth of their energy outside work. However it is the corporate attitudes (Legge, K, 1995: 104) that stifled them, and when released companies recognise they have a pool talent, a wealth of resources, at their fingertips. In the 1980s and 1990s rationalisation and downsizing (Legge, K, 1995: 53) were very much the order of the day therefore empowerment became a business necessity. Empowerment has been in the forefront of quality improvement efforts (Cole, G, A, 1997: 23). Several businesses worldwide have been and still are currently closely watching quality the ability to produce superior and distinguished goods and services to meet customer needs. The commitment to quality today is very present in service industries, non-profit organizations, government agencies, and educational institutions (Mabey at el, 1998: 48). Total Quality, also known as Total Quality Management (TQM), is seen differently by different people. Organizations are reportedly introducing soft and hard (Cole, G, A, 1997: 67) employee relations policies associated with the shift to human resource management (HRM). Softer aspects of HRM, based on the encouragement of employee commitment in support of management aims, have received particular attention given their proposed linkage with improved organizational performance (Cole, G, A, 1997: 67). This has, in turn, led many organizations to adopt schemes designed to encourage employee involvement. The concept of empowerment has been identified as a recent and advanced manifestation of employee involvement (Cole, G, A, 1997: 68). Empowerment has been defined in different ways. Some have claimed it is a fundamentally different way of working together (Spencer Pruss, 1992: 271) and quite different from the traditional notion of control (Cole, G, A, 1997: 94). Cole (1997) is able to define the concept of empowerment as an application to none managerial roles such as team members. However, he argues there are several possible meanings. These can range from having increased authority (Cole, G, A, 1997: 53) and therefore their ability exercise a wider range of choices at work and to be given a more varied and interesting job in the form of job enrichment. At best empowerment increases individuals discretion over how they do their work. It may also provide additional opportunities for group problem solving on operational issues. Empowerment is seen as ways of giving people more opportunity or power (Mabey et al, 1998: 38) to exercise control over, and have responsibility for, their work. It is intended to encourage individuals to use their abilities by enabling them to take decisions. According to Potterfield (1999), empowerment will be best defined as a way of bestowing upon employees the power to use more judgment and discretion in their work and to participate more fully in decisions affecting their working lives (Legge, K, 1995:84). Others are more sceptical. Armstrong (1996) points out that Empowerment, for example, may mean little more than giving employees the opportunity to make suggestions for change (Armstrong, 1996: 76). In practice, empowerment is intended to release active employee engagement only so long as it falls within the parameters for which it was selected as a strategy. In most organisations it is management which defines and adjudicates and ultimately exercises control (Armstrong, 1996: 78). The concept of empowerment is based on the belief that to be successful, organisations must harness the creativity and brain power of all the employees not just a few managers (Graham Bennett, 1995: 3). The idea that everybody in the business has something to contribute represents a radical shift in thinking away from the old idea that managers managed and the workforce simply followed orders. The fact that empowerment does represent a radical shift in thinking explains why, in many organisations, the initiative has failed. Empowered organizations are composed of empowered persons, although it is not necessarily true that a group of empowered persons automatically creates an empowered organization. Organizations that are truly empowered have moved out of the old paradigm of competition and beliefs in limitation and scarcity (Sparrow Marchington, 1998: 291). The face of the contemporary workplace is drastically changing. More and more companies are realising the value of more flat democratic organisational structure (Mabey et al, 1998: 23) over the traditional autocratic, hierarchical management styles. In contrast to empowered workplaces, disempowered workforce suffers from poor self-esteem, lack of a personal vision and a feeling of hopelessness. These attitudes and beliefs form inner barriers that block growth and proactive development (Legge, K, 1995: 63) and manifest in the worker in the form of reluctance to accept responsibility, hesitance to communicate openly, lack of commitment and ownership and, ultimately, in below average performance. Such employees become passive passengers who are more focused on having their personal needs met than on contributing fully (Sparrow Marchington, 1998: 82) so that the company can grow. Because they feel afraid, uncertain and insecure, they will unconsciously sabotage new interventions and approaches. An example of this is the resistance management often experience when implementing a quality management system (Sparrow Marchington, 1998: 82). In this way employees become a stumbling block to progress instead of much-valued assets. In companies where managers make a concerted effort to delegate and share power and control, the results are not always impressive (Graham Bennett, 1995: 93). The reason for this is either a lack of understanding of the nature of empowerment, or a greater focus on applying a set of managerial techniques than on creating conditions that are essential for empowerment to thrive. Where empowerment does not work it is because people do not think it through (Mabey Salaman, 1997: 83). To avoid such failures it is important to gain commitment for the senior management team, and then to cascade this down to other levels of management. The hardest group to convince about empowerment are middle managers (Spencer Pruss, 1992: 92), because it is their jobs that are most likely to be affected. It is because these managers often have the most to lost that they may have a tendency to undermine or delay implementation of a new policy. The implementation of empowerment in organisations instead of the traditional hierarchies means a flatter organisational structure (Cole, G, A, 1997: 57), which can give rise to considerable resentment and individual resistance. There are, naturally, many problems that can arise in the empowerment process. Many workers may resist these new responsibilities (Mabey et al, 1998: 23); they in fact like having their decisions made for them and will resent the extra burdens (and work). There still may be those workers who resent the implications of greater self-direction, possibly even arising from an obvious fear. There is an interesting theory underlying this reaction. Maslow has called this the Jonah Complex, the fear of ones own greatness (Maslow, 1971: 34). While Maslow discussed this term in a more mystical, spiritual context, it is associated as a sort of classic block to self-actualisation. Since empowerment speaks to the same sort of needs as self-actualisation, it could be drawn that there is the possibility of a collective sort of Jonah Complex at the heart of many conflicts in organizational transitions. Employees may also be cynical and suspicious of this approach (Gennard Judge, 1997: 235, Hitchcock and Willard, 1995:27) as another way to get more work out of them for less money. However allowing employees to take an active part in the change process from the very beginning, and showing them that their organization is truly changing will remove some of their wariness. There is also the danger of the employees feeling too empowered (Legge, K, 1995: 57); in feeling so independent of other facets of the organization that there might also be troubles in transitioning to teams. Empowerment supports organisational objectives at the expense of the individual worker to speed up the decision making processes and reducing operational costs (Sparrow Marchington, 1998: 293) by removing unnecessary layers of management such as staff functions, quality control and checking operations. In retrospect empowerment is usually advocated to release the creative and innovative capacities of employees (Armstrong, M, 1996:386), to provide greater job satisfaction, motivation and commitment and giving people more responsibility enables employees to gain a great sense of achievement from their work therefore. The reasons for empowerment emerging as a concept for our time (Armstrong, M, 1996:385) is the need to generate energy release in employees by providing them with visionary leadership and a supporting environment and by treating them as a valuable asset to be invested in rather then as a cost despite the fact that organisations are driven by profit generating, cost reduct ion and market pressures. Empowerment at workplace level has greater justification for management in HRM terms (Beardwell Holden, 1994:582). Management needs to decide how much power to delegate to employees while controlling their levels of creative energies and at the same time not undermining managerial prerogatives (Beardwell Holden, 1994: 582). TQM (total quality management) suggests a system whereby worker empowerment is restricted very much within the boundaries set by the management (Beardwell Holden, 1994: 582). Training can provide an opportunity to empower and motivate employees (Honold, L, 1997). Empowering workers in this small way (i.e., schedule the training sessions) during the actual implementation of the organizational change can provide workers with a small degree of control over what is essentially a change in process over which they have no control. Empowerment can be argued as an objective in its own right as a means of extending worker satisfaction (Gennard Judge, 1997: 211). This can be related to the concept of Quality of Working Life (QWL). It refers primarily to how efficiency of performance depends on job satisfaction, and how to design jobs to increase satisfaction, and therefore performance. The early psychological basis of QWL and of justifications of empowerment relating to increased worker motivation was Herzberg (1968). Herzberg developed a theory called the two-factor theory of motivation. Herzberg argued that job factors could be classified as to whether they contributed primarily to satisfaction or dissatisfaction (Spencer Pruss, 1992 : 64). There are conditions, which result in dissatisfaction amongst employees when they are not present. If these conditions are present, this does not necessarily motivate employees. Second there are conditions, which when present in the job, build a strong level of motivation that can result in good job performance. Management very rarely discusses the practical problems in attempting to apply empowerment through quality management (Mabey Salaman, 1997:34) therefore employee views and feelings are unheard. The argument in supporting quality management requires an increase in workers skills and results in genuine employee empowerment (Mabey Salaman, 1997:34). However, in contrast to the optimistic approach is the argument that empowerment through quality management results in the increasing subordination of employees in return for little or no extra reward (Mabey Salaman, 1997:35). Recently, empowerment has become an important Human Resource Management tool (Graham Bennett, 1995: 93) in many organisations. It has been portrayed as the ultimate tool to access unleashed potential and help leaders get the best from their people. In reality, however, organisations that are trying to empower people may be fighting an uphill battle. Managers who harbour a fear that affirmative action may jeopardise their jobs, may be more worried about keeping their jobs than about empowering others. With the rationalization of layers of management, promotion is becoming less realistic and, therefore, middle managers share with non-managerial employees growing feelings of cynicism as well as a heightened sense of estrangement from the predominant goals and values of their employing organizations (Denham, N et al, 1997). According to Maslow (1998), people need a sense of self-determination, autonomy, dignity, and responsibility (Legge, K, 1995: 221) to continue to function in a healthy, growth-motivated way. When placed in an environment where any or all of these qualities are removed from them and they are instead forced to submit to anothers will and think and act under constant supervision (Legge, K, 1995: 221), their sense of esteem and self-worth is robbed from them. The implementation of empowerment can be used successfully as a HRM tool as it provides a competitive advantage ensuring organisational survival (Mabey Salaman, 1997:25) and at the same time protecting employees jobs. However, employees maybe compelled to work harder and more flexibly for their own good (Mabey Salaman, 1997:25) otherwise they might be made redundant for the greater good. The aim of empowerment is to enable employees to actually have to deal with problems to implement solutions quickly and without recourse to supervisors (Gennard Judge, 1997: 71) and or higher levels of management. This is increasingly necessary as large and bureaucratic organisations delayer (Beardwell Holden, 1994: 91) management hierarchies in the search for administrative efficiency and lower costs. Employee empowerment is a very important aspect when considering human resource management. The failure of employers to give employees an opportunity to participate in decisions affecting their welfare may encourage union member ship (sparrow Marchington, 1998: 53). It is widely believed that one reason managers begin employee involvement programs and seek to empower their employees is to avoid collective action by employees (Cole, G, A, 1997: 83). Employee empowerment offers the employers and the employees the chance to be on the same level, so to speak. Empowerment allows them to help make decisions that affect themselves, as well as, the company. Basically, through empowerment, employers and employees are in a win-win situation. The employees feel like they are needed and wanted, while the employers gain satisfaction through their prosperity (Mabey Salaman, 1997: 64). Employee empowerment can be a powerful tool. The now advanced leadership style can increase efficiency and effectiveness inside an organization (Graham Bennett, 1995: 13). It increases productivity and reduces overhead. Overhead expenses are those needed for carrying on a business, i.e. salaries, rent, heat and advertising (Mabey Salaman, 1997: 39). It gives managers the freedom to dedicate their time to more important matters. Managers can highlight the talents and efforts of all employees. The leader and organisation take advantage of the shared knowledge of workers (Beardwell Holden, 1994: 64). Managers at the same time develop their own job qualifications and skills attaining personal advancements (Spencer Pruss, 1992: 38). Empowered employees can make decisions and suggestions that will down the line improve service and support, saving money, time and disputes between companies and their customers (Gennard Judge, 1997: 291). Empowerment of qualified employees will provide exceptional customer service in several competitive markets; therefore it will improve profits through repeated business (Beardwell Holden, 1994: 76). Customers prefer to deal with employees that have the power to manage arrangements and objections by themselves, without having to frequently inquire of their supervisors (Beardwell Holden, 1994: 76). Empowerment is a strong tool that will increase revenue and improve the bottom line (Sparrow Marchington, 1998: 280). Empowerment is also the best way to promote a good long-lasting employee-customer relationship (Sparrow Marchington, 1998:32). Empowerment also brings benefits to employees. It makes them feel better about their inputs to the company; it promotes a greater productivity, and provides them with a sense of personal and professional balance (Cole, G, A, 1997: 91). It exercises employees minds to find alternative and better ways to execute their jobs, and it increases their potential for promotions and job satisfaction. It results in personal growth (Mabey at al, 1998: 174) since the whole process enlarges their feelings of confidence and control in themselves and their companies. It is a process that makes workers utilize their full potentials. This enables them to stay behind their decisions, assume risks, participate and take actions. It is a win-win situation (Wilkinson, A, 1998); customers benefit from sharp employees; organizations benefit from satisfied customers and sharp employees; and employees benefit from improving their confidence and self-esteems. Benefits come with changes in the organizations culture itself. Benefits require changes in management and employees (Mabey at al, 1998: 54). For empowerment to succeed, the management pyramid (Mabey et al, 1998: 54) must be inverted. Old-fashioned managers must take a step back and for the first time serve their subordinates and give up control. Old-fashioned employees must also agree to changes. They could see empowerment as a threat (Spencer Pruss, 1992: 147), especially if they became use to the convenient old style of management structure where the rules and decisions always came from above (Legge, K, 1995: 94). Employee involvement and participation schemes are to enhance job responsibility (Legge, K, 1995: 24) by providing individuals with more influence over how they perform their tasks (employee empowerment). Each individual can make a personal decision on how to perform his or her task instead of being instructed on how to do so by management. When employees are involved, they have some influence on how they perform their job. This in turn is likely to increase their contentment with the job (Mabey at al, 1998: 134), the probability that they will remain in that job and their willingness to except changes in the task that make up the job. Individual employees are more likely to be effective members of the workforce (Sparrow Marchington, 1998: 76) if management taps into their knowledge of the job by seeking their opinion on how the job should be performed and how it can be organised better. For employees, the greater empowerment and control given to frontline staff and to their teams has meant a great degree of freedom than ever before in controlling their own working lives (Sparrow Marchington, 1998:166). The power that managers have, the capacity that managers have to influence the behaviour of employees and work responsibilities, must be now shared with employees (Gennard Judge, 1997: 73) through the creation of trust, assurance, motivation, and support for competitive needs. Work-related decisions and full control of the work is being pushed down towards the lowest operating levels (Armstrong, M, 1996: 58). Self-conducted teams have also emerged, which are groups of empowered employees with no or very little supervision. These groups are able to solve work problems, make choices on schedules and operations, learn to do other employees jobs, and are also held accountable and responsible for the quality of their outputs (Beardwell Holden, 1994: 12) Guest (1987) argued under high commitment management workers would be committed to managements vision, and that management would favour individual contracts over collective agreements as a mean of furthering worker commitment and dependence, thus making unions redundant. Employees who feel they are in a stable work environment will feel more secure and empowered (Cole, G, A, 1997: 94). Advancement opportunities and rewards/incentive programs should also be implemented, as they feed into how committed and employee feels to making positive contributions and whether or not they are recognised for their efforts. Morale, too, provides a good measure of the culture of the organisation. Organisations with a restrictive, secretive environment where information is tightly controlled (Beardwell Holden, 1994: 162) will have less informed less empowered employees. Organisations with a more open environment, where ideas are encouraged from all levels will have a freer flow of information, better-informed employees, and thus higher empowerment. Through the process of employee empowerment, employees feel more valued (Beardwell Holden, 1994: 40) because they are able to participate in the planning process and the decision making process. Empowerment gives employees the opportunity to contribute to the companys overall success (Beardwell Holden, 1994: 40). This helps an employee feel that he/she is truly valued, rather than that they are just a back to be stepped upon by those trying to reach the top. All in all, if the employee is happy with their job, than a paying customer will see that and want to return. Empowerment allows an employee to find new ways to express their creativity (Armstrong, M, 1996: 161). Through creativity, employees are able to make sales or transactions an unforgettable and pleasurable experience for customers, thus ensuring the customers return. Employee empowerment can have a profoundly beneficial impact on the bottom line if used correctly (Mabey et al, 1998: 18). Empowerment allocates responsibility to an employee and creates the motivation to surpass customer expectations. In order to keep customers for life, employers must empower their employees to make their own decisions. Empowerment gives employees the opportunity to make decisions and suggestions (Cole, G, A, 1997: 39) that will down the line improve service and support, saving money, time and disputes between companies and their customers. Empowerment is an aspect, which must be considered in negotiating an effective team contract (Spencer Pruss, 1992: 69) .The team must be empowered to seek and find information across the existing management structures. The communication aspect of empowerment means that the team must be clearly shown where their work adds value to the company, where their effects will show results and where their work fits in with the companys objectives. Organizations wishing to instil a culture of empowerment must find a way of establishing systems and processes that do not restrict employees. By concentrating on what behaviour is considered optimal for the employees and what they do well, management can adapt, develop and change the organizational structure to produce the sought after behaviour (Erstad, M, 1997). Culture changed programmes are commonly promoted (Mabey et al, 1998: 132) to increase the power of the worker, through empowerment. However, critics have argued empowerment is a means of increasing work intensity and gaining greater managerial control over labour (Brambell, 1995, Legge, 1989). Conclusion Work place attitudes such as praising teams for success and punishing teams for failure are inherent in our society (Mabey et al, 1998: 32) where winning and survival have become synonymous. Businesses are installing empowerment into their organisations to give people more responsibility and asking them to test the corporate boundary limits (Graham Bennett, 1995: 91). A t the same time, organisations are asking staff to be more entrepreneurial, and take more risks. It can be argued employees who empower themselves can be called troublemakers and those who take entrepreneurial risks and fail are referred to as failures. The business ethic which condemns failure as a bad thing is going to restrict its best people (Beardwell Holden, 1994: 12), force them to avoid taking risks that may one day be beneficial and will prevent the team experiencing the excitement of the empowerment which is vital to motivation and team dynamics. The advantages gained through empowerment are numerous. Employee empowerment allows an organization to unleash the vital, untapped forces of employee creativity and motivation to solve business problems (Legge, K, 1995: 50). Empowering employee also allows them to make decisions on the spot. This is very important when you work in an industry where you work directly with a paying customer. When employees are empowered, the employer enables them to offer full service to their clients and protect them from the competition. The rewards of empowerment outweigh the risks of losing the employees themselves (Spencer Pruss, 1992: 203). The retail industry is a perfect example. Managers are learning to give up control and employees are learning how to be responsible for the actions and decisions (Cole, G, A, 1997: 34). It is fundamental that management shares information, creates autonomy and feedback, and trains and creates self-directed teams for empowerment to work properly. Managers often prefer not to communicate with employees, and not to share some extremely important information (Beardwell Holden, 1994: 247) with them, but an effective leader must have no hidden agendas. They must treat employees as stakeholders for the road of success (Beardwell Holden, 1994: 247). Employees must have a clear vision of success, because if they are not aware of what success means to the company and where the company is heading, there is no way they can feel empowered to help accomplish this success. Empowerment is not something, which can be passed over from management to employees as a pen is handed from one person to another. It is a complex process, which requires a clear vision, a learning environment both for management and employees, and participation and implementation tools and techniques in order to be successful (Erstad, M, 1997). Bibliography Armstrong, M (1996) A Handbook of Personnel Management Practice, Sixth Edition, Kogan Page Beardwell, I Holden, L (1994) Human resource Management- A contemporary perspective, Pitman Cole, G, A (1997) Personnel Management, Fourth Edition, Letts Denham, N, Ackers, P Travers, C (1997) Doing yourself out of a job? : How middle managers cope with empowerment , Employee Relations; Volume 19 No. 2; Erstad, M (1997) Empowerment and organizational change, International Journal of Contemporary Hospitality Management; Volume 9 No. 7; Gennard, J Judge, G (1997) Employee relations, Institute of Personnel Development Graham, H, T Bennett, R (1995) Human Resources Management, Eight Edition, M+E handbooks Honold, L (1997) A review of the literature on employee empowerment, Empowerment in Organisations; Volume 5 No. 4 Legge, K (1995) Human Resource Management-Rhetorics Realities, Macmillan Business Mabey, C Salaman, G (1997) Strategic Human Resource Management, Blackwell Business Mabey, C, Skinner, D Clark, T, (1998) Experiencing Human Resource Management, Sage Sparrow, P Marchington, M (1998) Human Resource Management-The New Agenda, Pitman Spencer, J Pruss, A (1992) Managing your team, Piatkus Wilkinson, A (1998) Empowerment: theory and practice, Personnel Review; Volume 27 No. 1

What is globalisation?

What is globalisation? Introduction The emergence of globalisation in the nineteenth century has brought about a change in the world. It has resulted in the elimination and diminution of barriers between countries, in order to aid the flow of goods, services, capital and labour between these countries. There have been various debates surrounding the concept of globalisation. The opening of the markets have been said to be a way of enabling the developed countries maintain their position of supremacy over the developing and less developing countries by allowing their big multinational companies exploit the resources of these other countries and keep the profit. (Lewis 2007). In spite of this, globalization has created a lot of new opportunities and for many nations and has required them to develop partnerships and bonds throughout the world which has played an important role in the success of some nations. Aim In a speech given by Nelson Mandela at the British Museum in 2000, he said â€Å"If globalisation is to create real peace and stability across the world, it must be a process benefiting all. It must not allow the most economically and politically powerful countries to dominate and submerge the countries of the weaker and peripheral regions. It should not be allowed to drain the wealth of smaller countries towards the larger ones, or to increase inequality between richer and poorer regions.†Cited in Lewis (2007).  Ã‚   The aim of this essay is to examine the impact of globalisation on domestic construction companies, their projects and services in developing countries. What is Globalisation Diverse definitions have been given to globalisation, depending on the context in which it is being used. The world has suddenly become a global village, where boundaries are being removed and organisations are free to envisage, design, create, purchase and sell products in other countries making the world interconnected. According to (Govindarajan Gupta, 2000), globalization is defined as the increasing economic reliance that exists among countries as seen in rising traverse relationship with the flow of goods and services. Cope (1999) sees the process of globalisation as â€Å"having two inter-related dimensions: scope (or â€Å"stretching†) and intensity (or â€Å"deepening†). On the one hand, the concept of globalization defines a universal process or a set of processes which generate a multiplicity of linkages and interconnectedness which transcend the states and societies which make up the modern world system. On the other hand, globalisation also implies intensification in the levels of interaction, interconnectedness or inter-dependence between states and societies which constitute the modern world economy† The International Monetary Fund (IMF) defined globalisation, as rapid economic incorporation countries around the world by the movement of goods, services and capital across borders. In the design and construction industry, globalisation means two major things; improved competition and improved opportunity (Russell J.S, 2000). Globalisation affects every design and construction firm both domestic and foreign. Globalisation is needed in countries to improve the relationship between these countries and to improve the economic stability of these countries. Globalisation in the Construction Industry The influence of globalisation in the construction industry is beginning to emerge; this can be seen from both external and internal factors within the industry. There is an increasing need for organisations to develop new strategies and ways of getting things done, as global competition is growing. Different organisations small, large, domestic and international are all going to be affected by this new way of doing things.  Ã‚  Ã‚   According to Cheah et al (2005), globalisation is bringing about new prospects for the construction industry due to the deregulation of industries and privatization of traditionally state-owned entities needing new construction or an upgrade of existing facilities which has attracted new key players from abroad. Externally, the clients are globalising. In order to serve them better and generate repeated business, engineering and construction firms have to elevate their agendas to the international level. Fundamental changes have to be made to project management techniques in engineering and construction companies if they are too maintain their standards and are to be successful in the global market place in the 21st century. Customers will expect lower costs, shorter engineering and construction periods, lower costs, shorter engineering and construction periods, high-quality materials and equipment from manufacturers anywhere in the world and prompt attention to their needs. Kini (2000). The construction industry is an important part of the development industry within an economy, particularly in an era where the rate of u urbanisation and resources continue to reduce. The construction industry plays its role in any economy as it uses materials and resources, changes the environment and affects the lives of the people living in the society. International Construction and Globalisation in Developing Countries According to Ngowi et al (2005), International construction has been defined, as when a company which is based in one country executes work in another country. Most of these companies are from advanced countries and go to carry out work in newly industrialised countries and least developed countries. Through globalisation, many doors have been opened for international construction in developing countries. Developing countries require specialized contractors for new infrastructure and buildings which their domestic construction companies might be unable to handle or do not have enough experience in the construction of such buildings. There are various explanations why construction firms expand into international markets. Some of these reasons include inactive domestic markets, development of new markets, economical utilization of resources and the realization of new prospects brought by the global economy (Gunhan and Arditi 2005). In taking international construction into consideration, there is a need to understand the risks and threats it involves. International construction is much riskier than domestic construction. The different variables which affect the international environment are not part of the domestic markets and create risk for international construction that would never be encountered in domestic conditions (Gunhan and Arditi 2005). A critical review of international business failure was done by Gordon and Arnold (1988) and White (1990) cited in Han et al (2005 p. 284). Some reasons why international business fails were pointed out and they include the following: Failure to develop a business plan. Lack of commitment from top management in the early stages of the venture. Lack of attention to the development of strategic links in the international market place. Failure to recognize the demands of operating in a multi-cultural business environment. Failure to weigh foreign requirements with respect to their social, legal, political and governmental procedures. Construction companies therefore must set up strategies in order to compete in the international market. Gunhan and Arditi (2005) carried out a survey of executives in charge of international construction in the United States to determine the most important strengths a company must have in order fully expand their business into the international market. Track Record The past performance of any organisation hoping to diverge from the domestic market to the international market is necessary. A firm or an organisation with a good track record can easily enter the international market, due to their past experience in form of reference from all their previous works. An experienced firm has a ready solution or a cheaper solution to a technical problem since it might have come across a similar problem in the past and has found a solution for it. It has exhibited through previous performances that it has the organisational and technical experience to overcome technical challenges that may come up in the course of a construction project Quak, 1991 cited in Gunhan and Arditi (2005 p.275). Specialist Expertise For a company to succeed in the international arena there is a need for specialist expertise. This gives the company a higher advantage due to the fact they have knowledge in areas that few companies can compete with them. According to Quak, 1991 cited in Gunhan and Arditi, 2005 â€Å"specialists technologies enable smaller companies to carve a niche for themselves in the international market by competing for specialist subcontracts or as a desired consortium partner† The use of new technology would enable domestic companies find jobs in sectors where expertise in that technology is needed. Project management Capability International projects tend to be in complicated circumstances such as; multiple ownership, elaborate financial provisions and different political ideologies. These projects are more difficult to manage than domestic projects as the risk involves are often numerous and less predictable. Stallworthy and Kharbanda 1983, cited from Gunhan and Arditi, (2005 p.276) There is often the need for a project manager who can handle both the business and technical side of the project. This would give the project manager an advantage, because he will be able to solve problems in all areas of the project. Influence of Globalisation on Domestic Construction Companies in Developing Countries The concept of globalization was brought about by the need for free trade between developed and developing countries. The ideology behind this was setup by the World Trade Organisation (WTO), and this was formed from the 1986 Uruguay Agreement WTO, (2004) cited in Lewis (2007) which says that â€Å"the international trading system should be: without discrimination- a country should not discriminate between its trading partners (giving them equally ‘ most favoured-nation or MFN status); and it should not discriminate between its own and foreign products, services or nationals (giving them ‘nationals( giving them ‘national treatment); Freer- tariff and non-tariff barriers should be reduced (removed) through negotiation; Predictable foreign companies , investors and governments should be confident that trade barriers will not be raised arbitrary; market-opening commitments are ‘bound in the WTO; more competitive-‘ unfair practices such as export subsidies and dumping products at   below cost be discouraged; more beneficial for less developed countries-they should have more time to adjust, greater flexibility, and special privileges.† The purpose of this was to establish competitive markets for trade for all goods and services, including those acquired in the public sector. Globalisation has an effect on the following sectors of the domestic construction sector of the economy: Project Size The size of a project plays a major effect in selecting who the key contractors for that project are going to be. The larger the project size is, the more out of reach it is for consulting and contracting firms in developing countries. Large projects which could be broken down in to smaller projects are given as one, making it available to only large transnational companies that have the capability in terms of staff, equipments and labour to handle such projects. These projects could be broken down into smaller project such that it would be available for local firms as well as the large transnational companies. Market Access Market access, has to do with goods and services, this entails that the goods and services which are coming into any country must be treated in the same way regardless of where they are from. In the construction industry, this entitles all consultants and contractors who come from less developed countries or developing countries to have equal opportunities with large firms to the same projects in developed countries. This actually never happens. According to Lewis (2007), the large companies have higher advantage than the smaller ones; in terms of enormous physical, financial, technical and human resources that the small firms do not have the capability to have. The large firms also receive support from their home government in many areas which is not available to the smaller domestic companies from developing countries. Consequently, the local firms in developing countries tend to be doubtful about the opportunities globalisation holds for them in developed countries; this is due to the advantages the large firms have over them. Under Pricing The need for growth in developing countries has brought about an invasion of overseas contractors and consultants in to developing countries. This has a negative impact on the domestic construction companies. Lewis (2007) explains that these foreign contractors are keen to get into that region, that they may take strategic decisions to make a loss in the construction of that project just to make sure that they win the contract. The local firms do not have the available resources to compete with them on that basis and therefore loose the contract. Opportunities associated with International Construction for Domestic Companies in developing countries The emergence of the new global economy has brought about extraordinary opportunities for growth in developing countries. Hans et al (2005) explains that at national level, the amount of international construction plays a big role in the nations trade balance. They also balance the growth of their company to contribute to their security through increased global activities and so to reduce the effect of the cyclic nature of their work load. The different opportunities associated with international construction for domestic construction companies include: Increased long term profitability One of the main reasons for expanding from domestic to international construction is for the increase in the long term productivity of that company. The expansion of these companies takes place when their own domestic markets are not doing so well and there is a need to expand into other countries which offer profitable opportunities for the company. The economic state of affairs of the most important countries often affect the economic situations of many other nations and this effect actually takes a lot of time before it reaches these nations. Expanding into the international market therefore, is a good way to survive the setbacks in a country and increase the profitability of that company (Gunhan and Arditi 2005). Ability to maintain shareholders return The ability of the domestic company to maintain its shareholders return creates the need for the company to be involved in international construction. This could be very useful for the company, for instance in times of economic recession in a country there is another country in which profit is being made by that company (Gunhan and Arditi 2005). Ability to take advantage of globalization and openness of market Globalisation has given the domestic construction companies an advantage of having open markets which gives the companies a lot of benefits. This increases the competition for a project because now both domestic and foreign companies are allowed to bid for the project. Even though globalisation has increased the competition within the geographical borders of countries, it also allows access into markets which were previously inaccessible. There is a need for construction companies to recognise this change in the environment. Sillars and Kangari, 1997 cited in Gunhan and Arditi, (2005 p.279) Ability to take advantage of privatization programs in emerging economies In developing countries, the amount of capital needed to achieve the rate of market expansion needed and this is often dependent on the foreign investment available to sustain a privatization programme. Miller, 2000 cited in Gunhan and Arditi (2005). Privatization is being seen as a way of creating opportunities for construction companies to carry out projects in countries, this is for both local and foreign companies. Key areas a domestic construction company must focus on in globalization In this new era of globalisation and free market trade between nations, changes will have to be made in companies in order to keep up with the new way of doing things. The thinking process of these companies has to be changed in order to compete with other companies. The following areas need to be taking into consideration in order to be a highly successful global construction company: Organisation The organisational structure of accompany is important in achieving global excellence. There would be a need to set up a system in which work will be done faster and would meet the clients needs. Information technology systems According to Kini (2000), if there is no effective Information technology (IT) system in the company, they would only be global in their names. The information system of the company should have the capability to provide all the companys offices with real-time access to data should be designed with hard ware and software that go well together, and should use incorporated software which will provide the information to the managers when needed. This would enable accurate information to be gotten by the project manager at any time and allow fast access to the information when needed. Thinking globally There must be division of work among engineers so that the time frame of the work can be shortened and work will go on consecutively. There is a need for a variety of specialist for different areas of engineering in order to be able to review the impact of change on any area in the design. According to Kini (2000), when thinking globally, the followings things must be put into consideration to access some certain issue: Division of work: There is a need for the project manager to establish how the work is to be divided in terms of the customer requirement, the manpower and expertise needed. Subcontractors have to be selected before the design phase of the project for specialist needs of the project. Key suppliers: The key suppliers should be located within the area with low manufacturing costs and convenient transport connections. The relationship between the suppliers should be one of partnership for mutual benefit in the project. The construction plan:   The construction plan should be checked before the start of the design. The design schedule needs to be developed with reference to the construction sequence; this would be used as the source of coordinating the design at the various office locations and placing orders with suppliers. Worldwide suppliers There is a need for the use of worldwide suppliers in order to get the best price available. The utilization of the global market place would enable the company get lower rates for labour and raw materials. There would be need to ensure that theses suppliers meet the requirements of the company. The project manager would have a choice in the selection of the supplier to be used and the performance of this supplier can be monitored. Global construction The company must be familiar with local construction methods and materials used in that area. Due to the varying site conditions, the need might arise to import some materials. There is a need for the participation of the local engineering company in the project to advise the project team on the use of these local materials and also in the hiring of skilled craftsmen within the project. This is to ensure that the maximum satisfaction of the client is guaranteed when the project is completed. Quality The whole aim of going through the steps listed above is to ensure that the overall quality of the project meets the clients expectation. There is a need for all members of the project to be aware of the clients needs for the project, this would enable them know the kind of standards to be achieved in the project.   Conclusion Globalisation has brought about new opportunities for construction companies. Globalisation holds the greatest opportunity and risk for domestic construction companies. This is determined by the strategies implemented by the company in order to ensure that they are affected by the positive effects of globalisation. In the global economy, both the domestic and foreign companies have to face competition in other to be successful. There is a need for contractors to understand the risk associated with globalisation such as political, economical, cultural and legal project conditions; theses can affect the goals set by the firm when dealing with a strategic market. However, for those domestic companies who are willing to enter the international market, globalisation holds new prospects for them as long as they have identified most of the risks and put in place strategies on how these risks can be mitigated. Therefore globalisation must be embraced by both foreign and domestic companies so that they dont left behind. Bespoke Form of Contracts: A Scourge or Necessity? Bespoke Form of Contracts: A Scourge or Necessity? Chapter 1 Introduction Research Rationale The use of standard forms of contract, FIDIC Red book (Red Book Engineer/ employer designed Contractor executed) was introduced in the UAE during the late 80s and early 90s, more specifically on Dubai Municipality infrastructure projects by the Dubai Municipality, later been transformed to RTA in 2006. Ever since FIDIC based bespoke forms introduced in the UAE, it has been used extensively in the construction industry, the Red book based FIDIC forms are extensively used in different types varying from lump sum to re-measurement contracts by many large organizations. Every project is associated with risk and is inevitable and the impact is spread across the project. Whilst the intention to introduce a standard form of contract was to achieve a balance in terms of risk sharing between the parties, conversely at a later stage clients started amending the standard form of contracts to safe guard their interests. Many such bespoke versions did not achieve the intended purpose as it became one sided due to the alterations. The one sided contracts, in other words i.e. by drafting partial contracts to safe guard the employers risks and financial positions will have a tendency to impact the construction cost. If the risk is high, the cost increases proportionally (Mohamed Hartman, 2000, p 15) UAE as a country has high potential and growth compared to the neighboring Gulf countries in the recent years (2003 2008), which led to many fast track infrastructure and building projects, most of those are innovative, having ambitious aspirations to become international land marks, having the common feature of shorter durations. One of the main reasons for adopting fast track projects was to reduce the financial burdens (loans and repayment period) and to minimize the risk for escalation due to the construction boom in the region. Also in a raising market, the cost of the construction was proportional to the duration of the project as the contractors were including the risk for escalation in their bids. A few examples for such land mark projects with shorter duration captured the attention are Burj Khalifa tower, Dubai Metro, Palm Island and Dubai Mall. The multinational construction interface between the parties and culture stipulated the importance of using standard forms of construction contracts in the UAE, one of the main reasons to use standard forms of contracts are the familiarity among the parties, which has been used across many developments worldwide, even practiced at courts, assumed to be understood by parties, the risks are apportioned in a balance way and understood by even the stake holders, reduced legal and construction cost. As mentioned above, one of such standard form of contract, FIDIC 1987 4th edition red book was introduced by Dubai Municipality in early 90s with amendments to the original form (bespoke version is called as Dubai Municipality general conditions of Contract), later been followed by many public and private sector clients in UAE. Many such amendments in the creation of bespoke versions of FIDIC forms have defeated the intended purpose of achieving a balanced version of contract By the mid of 2006, many clients started using bespoke versions of new FIDIC i.e. FIDIC 99 Contracts, however there is a significant difference between these two forms (FIDIC 1999 FIDIC 1987) of contracts in many areas. Like any other place in the world, the competitions in the construction industry among the contractors are very high in UAE also. Many clients in the region, whilst using open or selective tendering (as they invite tenders from their own tender pool), before and after the current economic crisis, do have the habit of awarding the works to the lowest bidder. In order to overcome the competition in the market, the contractors at times started under quoting the works, were trying to recover through variation and claims at a later stage. This situation resulted in arguments and disputes due to the wrong interpretation of the forms of contract used by different parties, in addition, the unbalanced and void bespoke versions contributed much to these kinds of disputes. Many such disputes were revolving around the poor interpretation and understanding of the variations clauses, leading to claims and disputes on fast track projects. The intended purpose of this dissertation is to identify The essential clauses needed to administer a contract The importance of making right interpretations while using contracts An overview of the bespoke versions of contracts Research Methodology A detailed analysis of Variation clause in Nakheel Conditions of Contract ( bespoke FIDIC 1987) and the possible interpretations by various parties to the contract, briefly stating the difference between 1999 1987 based forms clauses that relates to variation and varied work clauses. Identify the potential difference between the two bespoke versions i.e. FIDIC 1999 1987 4th edition Nakheel Conditions of Contract on major clauses. A case study on a dispute from ALDARs Conditions of Contract (bespoke of FIDIC 1999) on variations while using the bespoke versions of contract Proposed study chapters The intended study focus on the meaning of construction contracts, their existence and the different forms of contracts. The literature review is covered in the first four Chapters, Chapter 2 covers the use of different forms of FIDIC contracts, including a brief history of their start in the UAE, Chapter 3 focus on the essential clauses needed for the administration of any forms of Construction contracts, Chapter 4 an analysis of Nakheels conditions of contract (bespoke FIDIC 1987 4th edition) variation clause, the possible interpretations by different parties to the Contract, Chapter 5 a comparison between Two bespoke forms of Nakheels Conditions of contract (FIDIC 99 and FIDIC 87 4th edition) on major clauses, Chapter 6 a survey to identify whether the employers achieved the intended purpose by using bespoke versions, Chapter 7 analysis of the data collected ,chapter 8 recommendation. An overview of the construction Contracts Construction contracts are generally classified as Oral (when the act will not apply) or written (if the other criteria are met, the act applies). The form of written contracts are again classified into i. A simple exchange of correspondences; ii. A tailor made written agreement; iii. A standard form such as JCT,Fidic etc; iv. Standard terms and conditions of the business. Contract in broader term is defined or expressed as conformity between two or more person i.e individuals, businesses, organizations or government agencies to carryout, or to abstain from doing things in exchange for something of value. Contracts can be oral or written, using formal or informal terms. If one party to the contract fails to live up to its part of the bargain, there shall be a breach and certain remedies for solving this is available. The expressions of the contract who, what, where, when, and how of the contract describe the binding promises of each party to the contract. In other words the significance of the agreement becomes important only when a breach occurs by the counterpart and it becomes necessary to protect the right of the other party (http://law.freeadvice.com/general_practice/contract_law/contract_agreement.htm) and the breach of contract is recognized by the common law and the remedies are available as well. On the other hand, the strongest contract, in terms of enforceability, shall have an offer, acceptance with considerations for the exchange, the terms of such an agreement shall be without ambiguity, and is signed by the parties to the contract who has the proper capacity to enter into the contract. Weaker contracts can be classified as verbal agreements or contracts agreed by parties in direct violation of state or federal laws of the country. There are several aspects related to valid contracts; in fact, an entire course in law school is often devoted to contract law (http://www.wisegeek.com/what-is-a-contract.htm). John Adriaanse (2007) quoting Lord Diplock who classified construction contract as â€Å" the sale of goods, work and labor for a lump sum price payable by installments as the goods are delivered and the work done. Decisions have to be made from time to time about such essential matters as the marking of variation orders, the expenditure of provisional and prime cost sums and the extension of time for carrying out the work under the contract†. He also stated that â€Å"a construction contract is best described as a complex web of competing interests†. At the same time Charles.S. Philip (1999) defining contracts as â€Å"binding agreement between two or more persons or parties construction contracts are defined as agreements, oral or written, executed between Clients and Contractors for construction / maintenance work done for compensation†. In another definition â€Å"we must understand that a construction contract is merely a set of criteria, or expectations, t hat bind the contracting parties† (Gilbreath, 1992) The basic elements of a contract are an offer, acceptance of the offer with considerations. This can even be described as concurrence of wills or ad idem or meeting of the minds of two or more parties (http://www.alway-associates.co.uk/legal-update/article.asp?id=165).Consideration, on the other hand, makes sure that e that something is exchanged. In certain situations, the law requires the consideration to be adequate, which is, a relatively reasonable price, or ostensible, where even a Dirham will do. Contracts may or may not be enforceable by law. The good example is; the agreement between the parent and child cannot be enforceable by law whereas the agreement for a loan probably enforceable by law. On the other hand whether a contract is enforceable by law or not depends on many factors, the primary and most important factor being whether the parties to contract anticipated / intended the contract to be legally enforceable or not. Most of the construction contracts are bilateral contracts, some cases the unilateral contracts becomes bilateral with considerations. Contracts can be bilateral or unilateral. In a bilateral contract, each part makes promise or promises to the other party. A good example is while selling a home, the buyer promises to pay the seller AED 1 Million in return the seller agree / promise to deliver the title of such property. Where as in a unilateral contract only one party to the contract make the promise. A good example is the reward contract. X promise to pay a reward to Y if Y find Xs stolen car. Here Y is not obliged to find Xs stolen car, but X is obliged to pay the reward to Y only if Y finds Xs car. The consideration for the agreement is Ys trust on Xs promise or Y giving up his legal right to anything he wanted at the time he was in the process of finding of the car. Here, conditions precedent to Xs obligation to pay is the finding of the car, although this is not a legal condition precedent as technically no binding contract has arisen until the time car is found (because Y hasnt agreed / accepted Xs offer until he find the car, referring back to the basis of contract as it requires offer, acceptance and considerations), the terminology â€Å"condition precedent† is used in contract law to establish a condition of promise in an agreement. For example, If Y has promised to X to find the car, and X has promised to pay Y when the car was found, Xs offer has been considered as a condition attached to it, and an offer and acceptance have been occurred. This is an incident in which a condition precedent attached to a bilateral contract. In the construction industry, the significance of having a balanced contract agreement has become essential to avoid disputes and to facilitate a smooth administration during the construction period. According to Lord Lathams report 1994, â€Å"constructing the team†, construction is a very unique process, the construction industry is different than the manufacturing and other industries, each project is unique with its nature and conditions, having heterogeneous conditions and situations, however definition of Latham for contracts not limited here, but include the design activities, advise and other legislations (Adriaanse 2007) which specify many details that a construction contract should take care of. Chapter 2 The Importance of using Standard forms of Contract 2.1 Introduction The adversarial nature ([Cheung et al., 2006] and [Cheung and Yiu, 2007]) and inborn risks (El-Sayegh, 2008) of the construction industry contributes to the speedy developments of construction disputes. Construction disputes are originated by many sources (Cheng et al., 2009). One of the main sources is the lack of understanding on the Contracts. Deprived interpretation and poor understanding of the construction contracts make the contracts clauses ([Broome and Hayes, 1997], [Cutts, 2004] and [Styllis, 2005]) and legalese ([Cutts, 2004] and [Candlin et al., 2002]), which results in differences between the parties to the contract on their legal rights and responsibilities. It is to be noted that this statement is justified in a study conducted by Mohamad and Zulkifli (2006), where majority of the contractors reported about the problems in understanding the contract documents. It is to be concluded that contractors need to be well versed in the interpretation and understanding of claus es stated in contracts. Dispute resolution methods at the early stages of disputes are the soft-skill resolution technique, i.e. avoidance (White, 2002), which offers a practical approach to prevent the predictability of conflicts that may occur in a project by understanding the form of contract used. The main objective of dispute avoidance technique is to promote teamwork and to create a harmonious atmosphere (Cheung, 1999). Thus, a proper appreciation of the construction contracts to the stakeholders will prevent a dispute from rotting, although a total elimination may be impossible. The importance of this chapter is to make a improved insight into the need for clarity of contract documents. Furthermore, it will assist contract drafters and experts review and clarify the clauses of the contract form in an understanding way to the parties. After the parties understand and consent to the clauses stated in the contract, the parties would recognize their obligations and contractual rights as required in the contract. 2.2 The need for contract clarity The need for this research comes up out of many conflicts identified in the construction industry due to the usage of different versions of contracts with amendments. A good example is, the senior officials of a leading developer in Dubai alleged that false ceiling collapsed and burst the pipes above the false ceiling at the buildings were related to the supervision problem and lack of access to the project site by the engineers (Developer Eyes ‘supervision authority2007). The engineers were not allowed on site due to some health and safety construction complications at certain times. This resulted inadequate supervision for the works. The problem heated up although the standard contract form clearly points out that the engineer, as being responsible for the overall supervision and direction of the project. Additionally, the Engineers representatives had the right of access to the works and construction site of the contractor (Clause 23 of bespoke Form). An explanation for this dispute was, contractor misinterpreted the conditions of contract and also failed to understand the legal obligations outlined in the contract. Thus, the question of clarity of contract conditions in the contract must be resolved. In addition, the court usually try to find out the intentions of contracting parties using plain, ordinary and popular meanings of the words. Scott vs Wawanesa Mutual Insurance Company brought out the clarity issue to the court attention (1994). The judge held that if the language of an insurance contract is ambiguous, the contra proferentem doctrine applies, that is the rule against the party who impose the inclusion of the ambiguous clause in the contract. On the other hand, if the wordings are unambiguous, the courts would not give any different meaning from what is expressed in its clear terms, unless the contract is highly unfair or hold an effect contrary to the intention of the parties (Duhaime, 2007 Duhaime, L., 2007. Part 7: interpretation of previous termcontracts.next term Duhaime Law, Victoria, Retrieved 22 May 2008, from .Duhaime, 2007). Thus, clarity of contract clauses is very important for the construction industry too. This shows the importance of understanding the c ontract by the contracting parties. Besides, the legalese takes place in the contract. The use of highly formal and technical language in legal documents disturbs interpretation (Feinman, 2003). Legal drafters made most damage by shrouding the mysteries of contracts with complex language and technical legal terms (Cutts, 2004). The deficiencies of legalese are mainly due to the unnecessary length and complexity. Sometimes, there are more serious errors that go unnoticed (Hill, 2001) because the interpretation of the contract clause was not actually written or interpreted in the contract (Thomas et al., 1994). Legalese would result the contracting parties fail to appreciate the contractual rights and obligations in a project (Semple et al., 1994). In the end, it shatters the working atmosphere of the project (Wang and Yang, 2005), resulting claims and delay to the project delivery. 2.3. Understanding the importance of standard form Construction contracts are well written agreements duly signed by the parties to the contract to define their contractual positions, relationships and obligations (Zaghloul and Hartman, 2003). The conditions of the contract are critical to ensure that the parties are put up by rules and regulations (Semple et al., 1994). The reduced understanding of the construction contract usually lead to construction disputes, as highlighted by many researches such as ([Thomas et al., 1994], [Semple et al., 1994], [Broome and Hayes, 1997] and [Mohamad and Zulkifli, 2006]). It is simply because of the reason that the parties could not achieve their contractual expectations (Harmon, 2003). Dubai Municipalitys be spoke forms of contract was followed and amended by various developers in the UAE industry. The origin of the contract can be traced to FIDIC Red Book 1987 standard form of contract. It had several amendments and revisions over the years by many developers and private sector clients in the UAE. The latest version of this form of contract was formulated in 2001 (Dr.Sam, 2004). The old-fashioned language used in it makes it difficult to understand and make the right interpretations. This is mainly due to lack of clarity and use of legalese in the contract clauses. Table 1 and Table 2 give a summary of clarity and legalese problems identified in the contract clauses of this Form. 2.4 History of FIDIC and other Standard forms of Contracts used in UAE Industry The most brilliant designs for any civil engineering or building project would remain in the documents and paper unless turned into reality by operations. This transaction process requires i.e. from the design to the reality requires the selection of the contract that reflects the aspirations of the parties as well as the demands of the successful project. The essential skills required for a Contract Administrator is the selection and management of proper form of contract and for each project, both the key criteria needed to be considered and risks should be identified and allocated, before the selection of the proper form of contract. This can be done from a range of standard forms of contract. In the UAE, the FIDIC form of contract (red book) was introduced in the early 90s for the infrastructure projects by Dubai Municipality, later been followed by many major clients such as Emmar, Nakheel and Damac. The standard form of contract identifies the roles and responsibilities of the parties, their agrents and provides rules to protect direct parties from doing wrong. The selection of the form of contracts depends on various criteria such as the responsibility and position of the parties involved in the contract. For example, factors such as , magnitude and nature of the works, procurement method (Lump sum, Measurement, Cost reimbursement), Design responsibility ( whether by the Employer, Part by the contractor or fully by the Contractor), roles and relationships (Client, Contractor, Design team and Specialists), the type of cost control document used (such as bill of quantities, schedule of rates, priced specification or contract sum analysis),Payment method (stage, time rela ted, turnkey) and Time (Open, fixed, acceleration and Damages). (Martin Brook, third edition, p 33-44) The various such forms of contracts available are JCT written by the Joint Contract Tribunal, NEC New engineering contract, a form recommended by Michal Lathams report (1994) for the use of both public and private sector clients because of its flexibility and written in simple English, ICE provided by the Institution of Civil Engineers, GC/Works/1 for Government Contracts, ACA Project Partnering Contract- PPC 2000, FIDIC..etc. A brief history of the FIDIC form of contract along with available forms are described below as the dissertation is focused on the FIDIC, the most commonly used for both building and Civil Engineering projects in the UAE. The Fà ©dà ©ration Internationale des Ingà ©nieurs-Conseils (â€Å"FIDIC†) organisation was founded in 1913 by France, Belgium and Switzerland. The UK joined only in 1949. The first edition of the Conditions of Contract (International) for Works of Civil Engineering Construction was published in August 1957 having been prepared on behalf of FIDIC and the Fà ©dà ©ration Internationale des Bà ¢timent et des Travaux Publics (FIBTP). The form of the early FIDIC contracts was prepared in line with the fourth edition of the ICE Conditions of contract. One difference with the initially published FIDIC contract was that they were based on the design being provided by the Employer or his Engineer to the Contractor. It therefore became best suited for various civil engineering as well as to various types of infrastructure projects such as roads, bridges, dams, tunnels and utility works such as water, sewerage etc. At the same time it was not so suited for contracts having major items of plant that were manufactured away from site. This led to thought of having the â€Å"Yellow Book† (the traditional one is known as the â€Å"Red Book† it was called as Red book because of the red color of the cover page) published in 1963 by FIDIC for mechanical and electrical works. This had the provisions for testing and commissioning which was more appropriate for the manufacture and installation of plant. The revised (second edition) was published in 1980. The revised editions of both Red book and yellow books FIDIC was published in 1987. A most important feature of the revised edition of Red Book (or â€Å"Old Red Book†)was provision for the Engineer to act impartially while giving a decision or in any action which affect the rights and obligations of the parties, whereas the previous versions assumed this implicitly. Although this talk concentrates on the new FIDIC forms, it should be remembered that the Old Red Book remains the contract of choice throughout much of the Middle East, particularly the UAE. A new form of contract was published (known as the â€Å"Orange Book†) in 1995 for the use on projects procured as design and build or turnkey, dispensing with the Engineer, providing for an â€Å"Employers Representative† who, while determining the value, costs or extensions of times need to: â€Å"determine the matter fairly, reasonably and in accordance with the Contract†. However, in 1999 FIDIC published new versions of the Red and Yellow books together with a Green and silver Books called as the short form of contract and turnkey contracts respectively. One of the significant differences between the 1999 edition and 1987 4th edition was the arguably diminishing role of the Engineer; a fair interpretation is making the Engineer as an assistant to the Employer. The other differences between these two versions will be discussed in the following chapters of this dissertation. Chapter 3 3.1 The important clauses and terminologies needed contract administration and a comparison with the bespoke version selected for the dissertation work During the process of making bespoke versions of contracts by amending the articles of the standard forms shall be done with extreme care as they run the risk of damaging the consistency as well as the integrity of the contract and the other contract related documents. Most of the standard conditions of contracts are developed over many years and been highly complex to deal with the unforeseen problems and legal decisions including statute law and an ever changing world. The contract must state clearly the documents that are having the status of the contractual documents, following are the documents that shall be considered as the contract documents. i. The signed agreement ii. Tender iii. General and particular conditions of contract iv. Drawings v. Bills of Quantities vi. Specification vii. Schedules viii. Program There are certain clauses required in the contract to facilitate the smooth administration of any contracts. The following are the commonly found and essential clauses required in construction contracts between the employer and the contractor irrespective of the forms and types of contracts. A detailed analysis with its importance is analyzed in this chapter for the dissertation purpose. Possession the date by which the employer shall provide possession to the contractor of the site to enable the work to begin, In FIDIC 1987, the commencement of work is described under the clause 41.1. The commencement shall be given with in the period agreed in the appendix to tender and failure to provide possession to the site within a reasonable time is interpretted as the breach from the employer.(CEM course material, Construction Law, chapter..). Under FIDIC 1987, the employer will, with the Engineers notice to commence the works, give to the Contractor the possession of the site (E.C Corbett, FIDIC 4th Legal Guide, p 238-239). Failure to give possession is dealt under clause 42.1, under such circumstances, the Engineer shall, after due consultation with Employer and Contractor determine Contractors entitlement for extension of time and also the associated cost, which shall be added to the Contract price, notify the Contractor with copy to the Employer (E.C Corbett, FIDIC 4th Legal Guide, p 238-239). Hence this clause is essential while drafting an agreement or contract for the administration. Completion The date, by which the contractor shall have the obligation to finish the work, this can be extended under various provisions if the employer or his contract administrator / engineer grant extension of time. Under FIDIC 1987, upon substantial completion of the work, the Contractor serve notice to the Engineer with copy to the Employer for the taking over certificate, and if the work in the view of the Engineer is substantially completed, issue a taking over certificate with in 21days. This is a very essential clause in any form of contract as in the absence of a completion date in the contract; the contractor shall be required to finish the work only within a reasonable time(ref: John Uff..). Non completion this clause shall deal with the situations when the contractor fails to complete the work by the agreed completion date or the extended completion date. If the work is not completed within the specified time, due to any reasons that the contractor is not liable or any concurrent delays, the contractor get the benefit of having an extension time with associated costs. However for Contractors own delay, the contractor shall not be entitled for the entitled for any extension of time, the remedy available in the contract is to make payment to the employer as liquidated damages or penalty as mentioned in the contract. Hence it is very essential to have a non-completion clause in agreements and contracts. Liquidated damages / Penalty Liquidated damages are usually amount is fixed and genuine pre-estimate of the loss in cases of breach, easy to calculate on building or commercial projects, however not easy on infrastructure projects. Whereas penalty is also a fixed amount, the contractor needs to pay this if a breach occurs. However in UAE, the term penalty is applicable as the same is followed in civil court. Whereas, under the English Law, Liquidated damages are applicable, if the sum mentioned in the appendix to tender is penalty and not the liquidated damages, the Contractor under the English law can challenge it, however under the UAE Law Civil code, Article,.. the penalty is applicable. Most of the Countries penalties are not acceptable. Refer, for example, a few leading cases on penalties, Dunlop Pneumatic Tyre Company Ltd v New Garage and Motor Company Ltd [1915] AC 79, 86-87, where the House of Lords recognized the principles on how to decide a damage clause that is actually a penalty and thereby unenforceable. â€Å" This case was cited by the High Court of Australia in Ringrow Pty Ltd v BP Australia Pty Ltd [2005] HCA 71, section 12, and by the Supreme Court of Ireland in ODonnell v Truck and Machinery Sales Limited 1998 4 IR 191. The Supreme Court of Canada has adapted a similar approach in Elsley v. J.G. Collins Ins Agencies, [1978] 2 S.C.R. 916, 946, and does not allow for any recov ­ery of an amount exceeding the actual damage† (J.Frank McKenna (2008) Critical Path. Reed Smith, p1-6). Hence this clause is essential in a contract or agreement. Defects liability- The defects are to be rectified with the period mentioned in the contract. Failure to rectify the defects within a reasonable time will enable the employer to engage a third party to do the work and deduct the amount from the contract sum. Under FIDIC 4th edition, clause 62 deals with the defects liability period. The issuance of the defects liability certificates signals the completion of the Contract and under FIDIC form, such a certificate shall be issued within 28days from the completion of Defects liability period, in both forms of FIDIC 99 as well as in 87 including the bespoke versions, the defects liability period shall not be extended beyond 2 years from the taking over certificate (E.C Corbett, FIDIC 4th Legal Guide, p391-392). Variations any variations should be authorized by the employer before the contractor is entitled for the payment. Variations are common to traditional procurement path than the Design and Build system (Ashworth, 1998). In construction due to the complexity of construction works it is almost impossible to complete a project without changes to the plans or the construction process itself however good and the complete the design details are at the start of the project. Baxendale and Schofield (1996) define variation as any change to the basis on which the original contract was signed. Construction plans are formed form of designs, drawings, quantities and specifications earmarked for a specific construction site and Variations are imminent in any construction project due to various reasons from finance, design, aesthetic, geotechnical, geological, weather conditions to feasibility of construction. Hence it is essential to have a provision to instruct and ev

The Role of Deception in Hamlet Essay examples -- GCSE English Literat

The Role of Deception in Hamlet  Ã‚      In the play Hamlet, deception is a major factor in the cause of the deaths of all those who die in the play, including Hamlet himself. The following paragraphs will outline the deception involved in the deaths of various characters including: Polonius, Gertrude, Laertes, Ophelia, Rosencrantz and Guildenstern, and Old Hamlet; as well as the downfall of the antagonist and protagonist: Claudius and Hamlet themselves. Dishonesty is a major factor in the deaths of many characters. "I'll silence me even here. Pray you be round with him." (III, iv, 4-5), is what Polonius says before hiding behind the arras in Gertrude's bedroom, and eavesdropping on Hamlet's conversation with his mother. Much to Polonius' misfortune, he is stabbed by Hamlet, who really intended to kill Claudius, mistaking him for Polonius behind the tapestry. Also, before Gertrude dies, Claudius says, "It is the poisoned cup; it is too late." (V, ii, 270). He is referring to the poisoned wine which he made for Hamlet, but Gertrude drank instead, and died as a result. As well, "The treacherous instrument is in thy hand, / Unbated and envenomed. The foul practice / Hath turned on me. Lo, here I lie, / Never to rise again." (V, ii, 294-297), is what Laertes says to Hamlet before he dies. Laertes tells Hamlet about how his own plan to kill Hamlet has turned on him, how he was blinded by rage over the death of his father, and how Claudius was the one who put him up to it. Other cases in which deceit is the cause of death include the death of Ophelia, given the impression that she is no longer loved, by Hamlet, who is just pretending to be mad and really has feelings for her. Rosencrantz and Guildenstern were killed due to their ... ... Burnett, Mark Thornton. " 'For they are actions that a man might play': Hamlet as Trickster". Smith, Peter J., and Nigel Woods, eds. Hamlet.Buckingham: Open U P, 1996. (24-54). Leverenz, David. "The Inner Hamlet: An Interpersonal View". Schwartz, Murray M. and Coppelia Kahn, eds. Representing Shakespeare: New Psychoanalytic Essays. Baltimore: John Hopkins U P, 1980. Rosenberg, Marvin. "Deception in Hamlet". Thompson, Marvin, and Ruth Thompson, eds. Shakespeare and the Sense of Identity. Newark: U of Delaware P, 1989. Shakespeare, William. The New Cambridge Shakespeare: Hamlet, Prince of Denmark. Ed. Philip Edwards. Cambridge: Cambridge U P, 1985. Thatcher, David. Begging to Differ: Modes of Discrepancy in Shakespeare. New York: Peter Lang, 1999. Vickers, Brian. Appropriating Shakespeare: Contemporary Critical Quarrels. New Haven: Yale U P, 1993

Sexual Harassment In The Workplace :: Quid pro quo harassment, hostile environment

The phrase â€Å"sexual harassment† became highly publicized in 1975 as activists and writers began addressing the problem. Shortly after 1980, articles and publications in regards to sexual harassment spread rampantly as the result of congressional hearings, increased litigation, and the adoption of the Equal Employment Opportunity Commission guidelines. Harassment on the basis of sex is a violation of Title VII of the Civil Right Act 1964. Title VII states, â€Å"Unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct is made either explicitly or implicitly a term or condition of an individual’s employment; submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting the individual; or such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment. Sexual harassment consists of verbal or physical conduct of a sexual nature, imposed on the basis of sex, by an employee or agent of a recipient that denies, limits, provides different, or conditions the provision of aid, benefits, services or treatment protected under Title VII.† [1] Sexual harassment is categorized as a form of sexual discrimination, which constitutes this behavior as illegal under existing federal and state laws. To enforce these laws, Congress has mandated federal agencies accountable for ensuring the full compliance of workplaces and educational establishments. The Equal Employment Opportunity Commission (EEOC) was established to enforce Title VII and to investigate allegations of discrimination. In November 1980 the EEOC published specific guidelines on sexual harassment, which lucidly states that sexual harassment is a form of sexual discrimination. The EEOC uses a very complex definition, but everything in regards to sexual harassment is covered within the confines of these guidelines. These guidelines cover many key points. These key points, plus court decisions provide the legal definition of sexual harassment and spell out the rights and responsibilities of employers and employees. Section A of the guidelines states, that unwelcome sexual advances, request for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment. Sexual Harassment In The Workplace :: Quid pro quo harassment, hostile environment The phrase â€Å"sexual harassment† became highly publicized in 1975 as activists and writers began addressing the problem. Shortly after 1980, articles and publications in regards to sexual harassment spread rampantly as the result of congressional hearings, increased litigation, and the adoption of the Equal Employment Opportunity Commission guidelines. Harassment on the basis of sex is a violation of Title VII of the Civil Right Act 1964. Title VII states, â€Å"Unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct is made either explicitly or implicitly a term or condition of an individual’s employment; submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting the individual; or such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment. Sexual harassment consists of verbal or physical conduct of a sexual nature, imposed on the basis of sex, by an employee or agent of a recipient that denies, limits, provides different, or conditions the provision of aid, benefits, services or treatment protected under Title VII.† [1] Sexual harassment is categorized as a form of sexual discrimination, which constitutes this behavior as illegal under existing federal and state laws. To enforce these laws, Congress has mandated federal agencies accountable for ensuring the full compliance of workplaces and educational establishments. The Equal Employment Opportunity Commission (EEOC) was established to enforce Title VII and to investigate allegations of discrimination. In November 1980 the EEOC published specific guidelines on sexual harassment, which lucidly states that sexual harassment is a form of sexual discrimination. The EEOC uses a very complex definition, but everything in regards to sexual harassment is covered within the confines of these guidelines. These guidelines cover many key points. These key points, plus court decisions provide the legal definition of sexual harassment and spell out the rights and responsibilities of employers and employees. Section A of the guidelines states, that unwelcome sexual advances, request for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment.

The Wife of Bath Essay examples -- Essays Papers

THE WIFE OF BATH In the â€Å"Wife of Bath’s Prologue,† she begins her introduction by telling the other pilgrims that she has experience because she has been married five time. She believes more in experience rather than in written authority (that is , in texts written by men). The Wife of Bath argues with virginity: â€Å"Where can ye saye in any manere age that hye God defended mariage by expres word? I praye you, telleth me. Or Where comanded he virginitee?† [Norton,118] She asks where in the bible is virginity commanded? If God condemned virginity, there would be no children, and no population: â€Å"For hadde God comanded maidenhede, Thanne hadde he dampned wedding with the deede; And certes, if there were no seed ysowe, Virginitee, thanne wherof sholde it growe?† [Norton,118] She then says how she is not jealous of virgin women, and how she always has her man in her bed. The Pardoner, hearing this, interrupts her in disgust and tells her how he has been thin king about marriage but now is glad that he is a single guy. The Wife of Bath then tells the other pilgrims what has happened to her five husbands. She says, â€Å"Tho housbonds that I hadde, As three of hem were goode, and two were badde. The three men were goode, and riche, and olde†[Norton,121]. In other words, the first three husbands were good to her; they were old and had money to take care of her. The fourth husband she had no control over. He was a reveler who loved to party. The Wife of Bath has a problem with him because he has a mistress. To get even with him, she tries to make him jealous. She torments him so much in life that she prays he is now in heaven. â€Å"The fifth husband she truly loved but there was one problem; he was abusive†[Norton,128]. The Wi... ...to pursue the man as well as to divorce him. In many households, you can also see the husband cleaning, cooking, and taking care of the children. Most of the married couples now share chores around the house. They respect as well as help each other during difficulties of life. Women can now raise children, educate them and direct them to a good life without the monetary support of the husband. As we can see, times have changed for the better. I must say some things still need improvement. Some men are still old fashioned and think they can control and look down on their wife. Some men still do not think a woman should have power in court, at home or in the office. Men believe that a woman’s place is in the home. What do you think? Works Cited Abrams, M.H. The Norton Anthology of English Literature. NewYork: W.W. Norton &Company, Inc., 1993