Global Exchage In Domestic Service Essays

Global Exchage In Domestic Service Essays Global Exchage In Domestic Service Paper Global Exchage In Domestic Service Paper The various ways in which domestic service, home care and nursing are structured and performed are well accounted in Global Exchange by Grace Chang and Diverted Mothering by Sau-Ling C. Wong. These two articles give indeapth analysis of how migrant and immigrant workers are treated by not only their employers but in certain instances by their own government. I will try to give you an analysis of the two articles and sight examples from the articles that reflect how these workers are treated in the domestic, home care, and the nursing industry. First in Global Exchage we see that more and more people and mostly women from 3rd world countries are leaving their families to go and work abroad for menial wages in the hopes of a better life for children and families. The article deals with the Filipina women and how they have and are brought into the country and how they are treated. I was very surprised to read that the president of the Philippines himself stating that â€Å"migrant women the new heroes of the Philippine economy† . : The even more surprising thing is that the government itself has more women working outside the country than it does within the country. This is evident all over the health and home care industry, if you walk into any hospital you can see the amount of Filippina women wokig as nurses and in other health care professions. Also these women are working as nannies and home care givers to the families of middle-class and upper-class people. The wages that these women get are soo absurd that any person living in the country would never ever work for those wages and if they did, the law would do everything to protect that person. The migrants are afforded the same rights and therefore are paid low wages, the conditions that they live in are mediocre. But will the employers ever say that the wages should be raised or the conditions made better? We all know that if this was a Citizen treated in the same manner, things would be very different. In all countries Fillippina women are imported with the Philippine government benefiting from the money the women send back home. The government you can is gathering women and sending them out on contracts to other countries to work, but they fail to protect the women when it is necessary or provide any kind of care. It seems to me that once they are receiving money not only from the migrant workers, but the host country, they forget about the women and start to recruit now women. The case of Sarah Balabagan is the perfect example of the govt. forgetting about its citizen that it sent out to work for them. Sarah was raped by knifepoint by her employer, she stabbed her employer and then was jailed for murder. The first trial she was sentenced to 7 years in Jail. This case outraged women everywhere espically the migrant Filippina women who protested and blamed it’s own govt. for not doing anything to protect it’s citizen. The 2nd trial led to a sentence of death for Sarah and again brought about more and more protest. After protests the sentence was finally revised to a 100 lashes and to pay restatution to the murdered man’s family. From this article I can see that the Philippines govt. looks at its women as a cash cow to send out to other countries and reap the benefits from the money they send back as well the good relations it builds with the host country. The host country benefits from cheap labor and not having to provide any kind of health care or other benefits that it’s citizens get. In Diverted Mothering the people are different yet the work is the same. The role of the, caregiver is taken on by minorities males and females. The males and females featured in the article are Afro-American, and Chinese. The stories featured here are all that most of us have seen on the Big Screen and how can relate with. The old chauffeur, the con artist medium, the tow-truck driver. These people are substituting for the parent’s not being around for their children. Some of the people are there more for the employers children rather than their own. We seldom hear of theor families and of their lives outside work. The employers are too busy working and chasing the all mighty dollar that they forget that they have a famaliy. The caregivers are seen as protectors, sympthyizers, and helpers. They are expected to be there for the employers at all times. Even when a member of the family is forgotten, the caregivers never forget them and help them in everyway. We see an example of this in the movie â€Å"Driving Miss Daisy† here the chauffeur has been with the employer for 30 years, but she knows nothing about his life of his family. In the end we see that she tells him that she never knew that he had a daughter or a granddaughter. This shows us that the no matter how long you may work for someone you will never be a real part of the family. You are there for the employer to help them as needed. Even after all this the chauffeur goes to see his employer when her own son has put her in a rest home and then spoon feeds her. She is pretty much forgotten about by her real family. This also goes to show that the caregivers are not only there for monetary gain, but take a real interest in the lives of their rmployers. In Diverted Mothering the focus is on the male gender as being the caregiver rather than a female. Although caregivers are almost always seen as women, in this article we see that in almost every story the male character is acting like a mother and taking care of others however it is necessary. Take the example of Mack going to Simon to discuss his emotional problems and Simon takes time out of his job to help his new friend work through his feelings. If the situation was reversed, how many of us think that Mack would take time out of his job to help Simon? Simon being a tow-truck driver is shown as that his time is not as important as Mack’s is and Mack can call on him at anytime. In both Diverted Mothering and Global Exchange we see that minorities are shown to be there to help and take care of white employers and be at there beck and call. Although in Diverted Mothering the stories are set in different times, they all follow the same theme. This theme being of whites being in charge or needing help and the minorties providing the help and being employed by the whites. The structure in both articles seems to be that minorities and people from the 3rd world are here to take care of not only the houses of the 1st world countries but also their families and be there whenever needed. Does class, race, and gender play a part in determinig who will perform the above mentioned duties for peoples homes and taking care of their children? After reading these articles I can see how all three play a part in shaping a person. Class first of all can inhibit a person in more ways than anything. Being of lower class in some countries does nto even qualify you to attend school or work in some areas. So when there are limitataion on what you can do and without an education, you are setup to fail no matter how you try to reach a higher class. Also if you do not have an education, you are not able to get a job that will allow you to move up and have a better life, therefore you are in some ways going to have to follow in the steps of your parents, whatever those steps maybe. I believe this is what leads to a lot of crime in the world, if we had no classes to put people into, they would have all the opportunities available to them and be able to decide for themselves on what course thier lives should take. Race can hinder your growth not only financially but also lead to emotional conflicts and cause life threatening situations. Race can become a problem for a person even if he/she is qualified in every way to perform a job. I am sure we all have been or know someone who has experienced this in someway. Race can limit your advancement in almost every field and every aspect of your life. Race again in some countries can pre-determine what you will be when you grow up. It can keep you from opportunities that are wide open, but because of your race you may not be able to take advantage of them. Gender can shape you as well as Class and Race. Gender more than anything can hinder you and set a course for your life. It can do this because regardless or Class or Race depending on the gender you belong to, you are either high or low on the todem pole. If you look at women as far back as you want to, you can see how they were and are still limited today. Especially women in some countries are the first to be taken out of school and put to work as the son is seen more important even though the girl may be the smarter of the two. Women are looked at as the caregivers, the soft-hearted and the ones that comfort us and wipe our tears. In the same sense, they are not looked at as the bread-winners or the strong, protecters and supporters of families. All three (class, race, and gender) hinder people in one way or another, but if you are a female and a minority and of a lower class, the course of your life is very limited and what you want to do with your life and what you are able to do are two very different things. The ideal family. How does one define an ideal family and who can decide whether one family or another is better? From the articles I have read it is very hard to say if the conditions of domestic and home-care service disrupt the model of the ideal family. What I believe is that in some ways it can hurt and also in many ways help the family to have someone there to take care of the kids and take care of the house. But we much remember that the caregiver is not the mother or father. The parents cannot let the caregiver be the only one to be involved with the kids and they must take an active part in their clildren lives. The caregivers being in the family allows the parents to be able to spend more time with the clildren rather than woeking and then coming home and doing house work. It hurts when the parents leave the children in the care of the caregiver and assume that the child is well and happy. Of all the love that a child may get from a caregiver, it can never be the same love that he/she will get from the parent. Over all I think that if you can afford to have domestic and home-care services to help you, you should take advantage of it. But you should also remember that with this help, you time should be spent with the family and not forgetting that the caregiver is there to help your  burden and not there to do everything that you are suppose to do. These articles make anyone that reads them take a look at the roles we all have in this world a little differently, I know it made me think about the people that clean the offices and the maids people have and how they may be treated. After reading these articles it can be seen what kind of plight the people in these stories go through for the betterment of their children and their families, and also what kind of hardship they put themselves through to achive their goals.

Phonetic Letters in the NATO Alphabet

Phonetic Letters in the NATO Alphabet Mens lives, even the fate of a battle, may depend on a signalers message, on a signalers pronunciation of a single word, even of a single letter.(Edward Fraser and John Gibbons, Soldier and Sailor Words and Phrases, 1925) The NATO phonetic alphabet is a spelling alphabet- a standard set of 26 words for letter names- used by airline pilots, police, the military, and other officials when communicating over radio or telephone. The purpose of the phonetic alphabet is to ensure that letters are clearly understood even when speech is distorted. More formally known as the  International Radiotelephony Spelling Alphabet  (also called the ICAO phonetic or spelling alphabet),  the NATO phonetic alphabet was developed in the 1950s as part of the International Code of Signals (INTERCO), which originally included visual and sound signals. Here are the phonetic letters in the NATO alphabet:Alfa (or Alpha)BravoCharlieDeltaEchoFoxtrotGolfHotelIndiaJuliet (or Juliett)KiloLimaMikeNovemberOscarPapaQuebecRomeoSierraTangoUniformVictorWhiskeyX-rayYankeeZulu How the Nato Phonetic Alphabet Is Used As an example, an air traffic controller using the NATO Phonetic Alphabet would say Kilo Lima Mike to represent the letters KLM.The phonetic alphabet has been around for a long time, but has not always been the same, says Thomas J. Cutler. In the U.S., the International Code of Signals was adopted in 1897 and updated in 1927, but it wasnt until 1938 that all the letters in the alphabet were assigned a word. Back in the days of World War II, the phonetic alphabet began with the letters Able, Baker, Charlie,  K  was King, and  S  was Sugar. After the war, when the NATO alliance was formed, the phonetic alphabet was changed to make it easier for the people who speak the different languages found in the alliance. That version has remained the same, and today the phonetic alphabet begins with Alfa, Bravo, Charlie,  K  is now Kilo, and  S  is Sierra.(The Bluejackets Manual. Naval Institute Press, 2002) Today the NATO Phonetic Alphabet is widely used throughout North America and Europe. Note that the NATO phonetic alphabet is not  phonetic in the sense that linguists use the term. Likewise, its not related to the International Phonetic Alphabet (IPA), which is used in linguistics to represent the precise pronunciation of individual words.

On the basis of the facts as contained in this summary, in your view Essay

On the basis of the facts as contained in this summary, in your view does Palestine meet the criteria for statehood at public in - Essay Example The case of Palestine’s inability to attain statehood in the eye of international law so far is touted to be due to political reasons rather than legally justified reasons. In the light of this scenario and the BBC News report iii, this paper examines whether Palestine meets the criteria for statehood at public international law. The Montevideo Convention’s article of statehood is a restatement or codification of ideas prevalent at the time of its inception iv. Emergence of a State Vattel defines state as a â€Å"political body, or society of men, united together†v for â€Å"promotion of their mutual safety and advantage† viwith the use of â€Å"their common force† viiwhich Wheaton adds to his definition saying that members of any political society subjecting themselves by voluntary obedience to a leadership gave rise to emergence of a sovereign state in the past. Power to control was key to emergence of a state. According to Lorimerviii, a putative state that deserves statehood should be recognized as such by other states and in turn it should have the power and the will to recognize others. Lorimer’s idea of mutual recognition proposed in 1883 has been followed by many states. The modern thinking therefore suggests that legal existence of a state depends upon its ability to control a land and its population. This view came to be well know by the early 20th century which Hall, a publicist described as â€Å"the marks of an independent State are , that the community constituting it is permanently established for a political end, that it possesses a defined territory, and that it is independent of external control†ix. The publicist emphasized on territory and permanent control over the territory. Thus, he dismissed â€Å"a fugacious†x people as not qualified to be a state. Thus Montevideo’s ideas of a state draw heavily from the Hall’s ideas of a state. These aspects of declaratory model of a state held recognition merely as an acknowledgement of an existing state opposed to a constitutive model which held recognition as an essential requirement to make a state.xi Recognition As stated elsewhere, recognition is central to statehood. Thus, an entity aspiring to become a state must be recognized as such by those who are already regarded as states. If an entity must function as a state, it must enjoy acceptance of other states. Yet, some entities manage to function as states with skeleton contacts with other states. Rhodesia functioned as a state on its own from 1965 to 1980 which major states did not approve of holding that it was in violation of international standards. It has been argued that if an entity is endowed with all the attributes of a state, it is still a state even if the rest of the world or other states refuse to accept the entity as a state.xii Treatment of recognition as a precondition for statehood has been still evolving as James Crawford has observed th at recognition is not strictly a

Is China in an asset bubble Yes or no Why or why not (Particularly Assignment

Is China in an asset bubble Yes or no Why or why not (Particularly real estate bubble) - Assignment Example Fan Gang joined the regional officials in expressing their concern over the surging prices of assets (Leung & Wong Para 1). According to Forsythe and Hamlin, there is a sprout of empty buildings across the nation as firms with access to 1.4 trillion dollars- given in new loans in 2008- build skyscrapers. This has led to the Chinese property’s market bubble. James Chano, the hedge fund manager, says that there is a monumental asset and fixed asset, including real assets, bubble in China right now. He adds that deflating such an issue will be quite difficult at best (Forsythe & Hamlin Para 4). The Chinese government, since October 2010, has increased asset bubbles three times. This suggests fears of a shaping asset bubble and high inflation. China is highly dependent on oil and her growth rate is higher than that of Japan. If the worldwide prices of oil continue rising, China could be in some serious trouble. Moreover, there are numerous IPOs (Initial Public Offerings) in China with ample foreign investors wanting to invest in them. This move could only be fueling the growth of asset bubbles (Zhou 79). Conclusively, a serious market bubble is looming in China if the government does not take effective measures to contain it. Since 2006, economists and analysts have predicted a large asset bubble and this has increased with time. Forsythe, Michael and Hamlin, Kevin. China’s Real Estate Bubble Causing Growing Concern. Bloomberg News. 14 February 2010. Web 27 April 2012, Leung, Sophie and Wong, Chia-Peck. China Faces Asset-Bubble Risk, PBOC Adviser Fan Says (Update 2). Bloomberg. 18 November 2009. Web 27 April 2012,

Btec Sport - Health Saftey and Injury Essay Example for Free

Btec Sport Health Saftey and Injury Essay Objective:- * To recognise and understand different types of injuries Types of injuries:- * Muscle strains tears, pulls and ruptures These are caused by vigorous stretching of a muscle or tendon. In is of regular occurrence in the hamstring and calf muscles when there is failure to warm up correctly before sport. The Achilles tendon of the calf can tear completely this causes sever pain. Tear is where the muscle has been torn, Pull is where the muscle has been stretched and a Rupture is where the muscle completely breaks. We will know when we have pulled torn or strained because there will severe pain and there will be difficulty when trying to use the muscle. There may also be swelling and later on bruising. * Fractured Bones (broken) A fracture is wear the bone cracks or completely snaps. Breaking bones is painful due to the amount of blood vessels and nerves in the bones. Fractures can be categorized in two ways. A Simple Fracture This is just where the bone cracks. A Compound Fracture This is where the bone sticks out of the skin. There is often tenderness around the bone making it hard to use and it will most certainly swell causing it to look deformed. * Joint dislocation Dislocation is where the bone is pulled out of its original joint. It is caused by stressing the bone, commonly by violent twisting. It usually happens at all major joints such as Shoulder, finger, thumb, elbow and ankles. The bone will be surrounded by swelling and covered in bruises and will be tender to touch. * Sprained Ligaments (over stretched ligaments) A sprain happens when a ligament or joint get overstretched and torn. Sprains occur when twisting your foot while running or other similar accidents. The sprain should be treated as a fracture if the ligament is torn because it is a lot more severe. The area of damage while be very sore and will hurt to move it or use it * Tendonitis Tendonitis is caused by overuse of the tendons, frequently in the lower arm in the lower arm; they then become inflamed and sore/painful. This is common with sports such as tennis and golf where the tendon in the elbow is under constant use. The elbow will be very sore and it becomes almost impossible to use without difficulty. Swelling will be visible surrounding the injured tendon. * Concussion Concussion is the result of injuring your brain from taking a lot of impact to the head such as being head butted or banging your head on a hard surface, these cause the brain to rattle around the skull. Concussion is often related with unconsciousness which often follows a serious head injury. In most cases the patient will become dizzy or drowsy and become confused. In major cases there may even be memory loss. * Graze, Cuts, Burns and Bruises These are caused by falling or scraping in a sporting event. They are usually painful but not very threatening and classed as minor. However some cuts can be very deep and would require urgent attention. Bruises will be painful but will not cause any permanent or long term damage. We will be able to recognise bruises by seeing discolouration of the skin and tenderness in that area. * Spinal Injury This is an injury to the spinal column. The spinal column contains nerves and ligaments and plays a major role in our body so when damaged by impact or strain it can be potentially dangerous to move without causing further permanent damage such as paralysis. This occurs after incidents such as car crashes and falls. You will be able to tell if u have damaged your spinal cord because it will be difficult to move and will cause a lot of pain. Objective:- * To recognise illnesses/conditions that can affect sports performance * To discover the causes of injury Types of Illnesses:- * Viral Infections/Diseases Chest Infections, Colds, Flu, Sickness etc. People suffering from viral infections will often have a high temperature, be suffering from pains in the muscles making them feel weak. If someone has a viral infection such as a cold they will probably suffer with a blocked nose, fever, sore throat and frequent coughing. Viral infections cannot be cured using antibiotics, however there are products available to help relive the symptoms. * Asthma This makes a persons airways constrict making breathing difficult. Constriction is normally triggered by certain events such as allergies and temperature change. People having and asthma attack will suffer with symptoms such as a tight chest, also they may start wheezing and be short of breath. This can be relived temporarily by using steroid sprays, one to open the airways when they feel they need it and one that should be taken daily to avoid having attacks later in the day. * Hypothermia This is where the bodys temperature drops below the normal temperature (around 36 degrees Celsius). The symptoms are usually tiredness, slurred speech and loss of coordination. In some extremities the colour and feeling can be lost in the hands and feet as the blood is being diverted away to keep the brain and heart working properly. People will generally feel better when they return to a warm environment as this will encourage the body to return to normal. Hypothermia is common with people such as mountain climber who are often exposed to cold environments for long periods of time. * Hyperthermia This is caused by exposure to high temperatures, such as being in the sun/high temperatures for long periods of time. The results of hyperthermia are that the person will be left exhausted. Headaches, tiredness and thirst are also associated. To relive these symptoms the person should drink lots of fluids, while exercising and when recovering. If the person becomes to hot they could potentially become unconscious then they would require the need of being put on a drip. * Hypoglycaemia Hypoglycaemia is caused by having low levels of glucose in the blood so enough isnt reaching the vita places e.g. the brain. It is commonly associated with people who have type 1 diabetes. Not enough food, too much exercise, consuming too much alcohol and having too much insulin in the blood all contribute to causing hypoglycaemia. The symptoms of hypoglycaemia are confusion, shaking, paleness, hunger and in some extreme cases, unconsciousness. Eating food rich in carbohydrates can reverse these effects quite quickly The Main Causes of Injury Internally Caused * Overuse Injuries * Sudden Injuries Externally Caused * Impact Injuries * Foul Play Injuries * Equipment Injuries * Accidental Injuries Internally Caused Injuries Direct result of the performer, no other person or factor is involved Overuse Injuries (Tennis/Golfers Elbow, Shin Splints etc.) These are caused by over training and over competing. Sudden Injuries These tend to be caused instantly because of over stretching, twisting and turning. They are commonly acknowledged with tiredness and fatigue and normally occur late on in a match. Also doing something too difficult can result in a sudden injury. Externally Caused Injuries Caused by someone or something other than yourself Impact Injury This is and injury from being hit or hitting something. These are often the result of things like:- * An Opponent * Equipment * Playing Surface * Playing Conditions Foul Play Injuries These are normally the result of another player breaking the rules and regulations of the game. They may be unaware of the rules or may be doing it intentionally to harm. Accidental Injuries Different activities have different levels and risk and higher elements of danger. For example Footballers are less likely to gain an injury than someone playing rugby due to it being more physical. Equipment Injuries Old or unchecked/faulty equipment can result in these injuries. Equipment must be frequently maintained to avoid these occurring. These can be as simple as blisters from overuse or in the most extreme cases, even death. Prevention of Injuries * Warm up; loosen muscles for prevention of pulling muscles. * Wear the correct equipment (shin pads), wear them correctly to ensure safeness. * Know and follow the rules of the game to be able to play fair, include using officials to keep the activity under control, this way players are less likely to get injured * Check all equipment is safe and in good condition to ensure faulty equipment cant injure you. * Dont over compete (not doing too much exorcise) * Weather conditions- make sure the conditions are safe (not slippery, stormy etc.) 1. Preparation Before playing or participating in any sport it is vital that you train to your age and you personal fitness. Also a good knowledge and understanding of the sport you will be participating in will also reduce the amount of injuries, a good respect for the rules and regulations of the game will reduce the injuries. A warm up and warm down is essential to help reduce the amount of injuries in the game. Consider having long hair, long nails, jewellery and also the types of clothing you wear could also give you an injury. 2. Participation By according to the rules could prevent an injury, by using reckless tackles and reckless play can injure you and the opposing player. Officials have got to be consistent and fair in their decisions for the game to be fair and this could prevent someone from being injured, players must accept these decisions given by the officials. 3. Equipment For the sport which you are participating in you need to be using the specialist equipment for that specific sport and has to be in good condition, such as shin pads for football, these have to be worn. All equipment has to be in top condition because if this equipment isnt safe and fails you could be seriously injured such as rock climbing etc. 4. Environment The area which the sport is being taken on has to be checked over for litter and unsafe objects. It has to be safe and appropriate. Also you have to check the weather conditions as this could lead the sport being potentially dangerous such as storms and windy weather. Risk Assessment 1. You are about to conduct a badminton coaching session in the sports all. * Make sure that none of the equipment is faulty. E.g. rackets have sufficient grip, nets secured correctly. * Make sure that there is no wet floor * Make sure there is no obstructions in the way of the courts 2. You are taking a year 7 group onto the field for football. * Make sure that everyone is wearing the correct protective equipment. (e.g. shin pads) * Make sure that there are no obstacles on the pitch or area where football will be played * Make sure the weather conditions are suitable for playing * Make sure that the pitch is suitable to play on by making sure its not icy or waterlogged Potential risk of playing- 1. Badminton * Fire * Falls * Foul play * Asthma attack * Hyperthermia * Slips * Lack of communication that could result in injury * Sensible behaviour * Know how to set up safe equipment 2. Football * Falls * Foul play * Asthma attack * Hyperthermia * Spinal Injury * Broken bones * Concussion * Weather conditions * Lack of communication that could result in injury * Sensible behaviour * Potholes * All spare equipment is out of the way * Posts are secured

Positive Outcomes of the French Revolution Essay -- History, Politics

A common theme of the historical French Revolution of the 1790s is the bloodshed associated with a new execution device, the guillotine. This negative connotation of the Revolution resides in the minds of the French and foreigners alike. However, although the French Revolution has contained a fair amount of bloodshed, its aftermath on the French has been overall positive. To begin, there were several contributing factors to the Revolution. Even though theorists have divergent opinions on the factors that started the rebellion, there are three widely accepted causes: financial status of the country, rapid overpopulation, and the relative unfairness of the French political system (â€Å"French Revolution,† Columbia). The French government was in great debt because it had assisted America in the American Revolution in the 1770s. Moreover, the underclass, made mostly of peasants and manual workers, worked increasing longer hours for less food. In addition, due to France’s bankruptcy, taxes increased, but some upper class citizens and institutions were exempt (Kreis). An increasing lack of food was primarily responsible due to an overpopulation of rural communities in the 1700s – over 80 percent of the twenty plus million French were concentrated in the rural areas (â€Å"Social Causes†). Furthermore, there was a series of rela tive droughts in the late 1700s, and one of the biggest occurred in 1788, just a year before the beginning of the Revolution (â€Å"French Revolution,† Encyclopaedia Britannica 1). Inversely, members of the upper class Bourgeoisie, composed of the nation’s small minority of noblemen, clergy, merchants, and professionals, found increases to their wealth due to an overall economic growth in the 18th century. Because of these tr... ...ol Edition. Encyclopaedia Britannica, Inc., 2011. Web. 27 Oct. 2011. Like the previous entry, this article explains the rising of the revolution and its events, but with more emphasis on the causes of the revolution. Kreis, Steven. "Lecture 11: The Origins of the French Revolution." The History Guide. Steven Kreis, 30 Oct. 2006. Web. 30 Oct. 2011. Steven Kreis created The History Guide for high school and undergraduate students; this particular article focuses on the social factors that sparked the revolution. "Social Causes of the Revolution." Liberty, Equality, Fraternity: Exploring the French Revolution. Roy Rosenzweig Center for History and New Media, 16 July 2001. Web. 29 Oct. 2011. This entry focuses on the negative social causes of the revolution, but with more depth and emphasis on the lower class in France late 1700s.

A Tentative Study of Trademark Translation Essay

Abstract: Trademark is a special kind of language signs. It is the concentration of commodities’ distinct characteristics, the core of commodities’ culture, and the powerful weapon for an enterprise to participate in international competitions. With the development of globalization and the increase in international trade, the products of importing and exporting strengthen day by day; the translation of trademarks is gaining more and more attention. Nowadays, more and more people have realized that a good translation of a trademark in promoting sales is crucial to the development of international markets and profits making. According to some instances of trademark translation, this thesis summarizes some main characteristics of trademark, and discusses the principles and some general methods of trademark translation. Key words: Trademark; characteristics; translation principles; translation methods : , , , , , , , , , , : ; ; ; Introduction According to R. Heis, an American economist: â€Å"A brand name, i. e. trademark is a name, form, sign, design or a combination of them that tells who makes it or who sells it, distinguishing that product from those made or sold by others. † (Guo Guilong & Zhang Hongbo, 2008: 100) A trademark is just like a product’s name, which is the representative of the image of a company and the symbol of quality. In promoting sales, the trademark plays a very important role in arousing consumer’s desire to shop, bringing the huge economic benefits and even in determining the survival of a company. With China’s joining to the WTO, China strengthens cooperation with other countries, including increasingly frequent economic and trade exchanges. How to introduce our products to foreign countries, bring foreign products into the domestic markets and conduct a successful sales business has become quite important. Therefore, a successful translation of trademark becomes urgent and necessary for the enterprises. While trademark translation is not only a simple conversion from one code to another, but a clear intention of the cross-language commercial, a special cross-cultural communication activity. Thus, it is vital for us to pay more attention to the principles and methods of trademark translation. Chapter1 The Characteristics of Trademark Though there are various definitions of trademark, they share something in common. In general, a trademark should be simple and easy to remember, and should be distinctive and favorably associative. 1. 1 Simple and Easy to Remember It is a basic requirement for a trademark to be simple and easy to spell. Choosing short and simple words for composing trademarks will help consumers comprehend them more easily, because simple and short words are easy to keep in memory. Nowadays, with the fast development of economy, more and more trademarks flood into the market, how could consumers memorize all of them? Therefore, if a trademark is short and easy to spell and memorize, it can occupy the market easily. In fact, most well-known trademarks are in short form, such as Nike, Sony, Apple and so on. 1. 2 Distinctive from Similar Products We all know that the purpose of using trademarks is to distinguish one product from others. Therefore, to be distinctive is another important characteristic of a trademark. Trademarks, in a sense, are equal to signs and reputations. Distinctiveness can help customers not to be easily confused with other trademarks in the market either by sound or appearance. Distinctive and typical words may be used to distinguish the relevant product from others. â€Å"Kodak† (camera) created by the manager, is distinctive and easy for the potential consumers to memorize. The Chinese famous trademark â€Å"Lenovo†( ),can easily be differentiated from other computers, because â€Å"Lenovo†, a coined word, can be associated with the word â€Å"legend† which is particular and attractive. Lenovo is more innovative than legend. Adventurous consumers will prefer that trademark distinguishes the relevant product from other computers with consummate ease. 1. 3 Arousing Favorable Association Most trademarks can arouse favorable association, which is an indispensable feature of trademark. Owing to the requirement of marketing, a trademark is not only a sign, but also an advertisement. It should arouse the favorable association and show the good quality to consumers. Some trademarks have inherent meaning and some have historic or cultural connotations, both of which can arouse favorable associations. â€Å"LUX† (soap) is a product of Unilever Company. â€Å"LUX†, a Latin word, means â€Å"sunshine†. So the consumer can associate it with â€Å"bright sunshine and healthy skin†. This trademark even let people imagine the romantic feeling on the summer beach. What’s more, consumers can associate â€Å"LUX† with â€Å"lucks† and â€Å"luxury† from its appearance and pronunciation. Thus, Unilever Company publicizes the good quality of its products by the favorable association of the trademark. From the above example, we can see that the inherent meaning of trademarks plays an important part in advertising and can arouse people’s desirable association and let them accept the products. Chapter 2 The Principles of Trademark Translation Trademark translation is an art as well as a science. It is a comprehensive process which is related to linguistics, translation theory, intercultural communication, aesthetics, and consumer psychology. Generally speaking, trademark translation is a complex task of compromising between the meanings of trademarks and their consumers. Therefore, to translate trademarks successfully, some principles should be taken into consideration. 2. 1 Reveal the Products’ Characteristics Usually, every product has its identification. Trademark translation should show the features and functions of the products, so that the buyers could immediately think of the usage of products when they see the trademarks. As has been discussed by Xu Hui and Cheng Zhendong, the characteristic of a product means that it has some basic elements which differ from those of others (Xu Hui, 2004:55-56). The translated brand name should match with the characteristics of products and show the idea of the original name. The characteristics of products not only distinguish from others, but also contain the ability to communicate with the consumers. Thus, in the process of translation, the translator should grasp the characteristics of the products, so as to promote the understanding of products for consumers, and help learn the characteristics and functions of the products by the first sight. For example, a trademark of suit-dress â€Å"Hope Show† is translated into â€Å" †, in which the word â€Å"? † instantly reflects in the products for the apparel category, and â€Å"? † add more promotion of a happy and peaceful feeling to the goods. The translation not only reflects the features of the product but also caters to consumers’ aesthetic taste. Nobody will have interest in products which they are not acquainted. A successful trademark translation should have the trait that customers can learn the category and characteristics of the product. Like â€Å"Nike†, the famous American brand of sports wears, is the name of the goddess Victory in Greek myth. According to its pronunciation, it can be translated into â€Å" † or â€Å" † in Chinese. However, these two names can’t reveal the characteristics of the product, but even give people a misunderstanding that â€Å"Nike† is some products for women. â€Å" † is better. â€Å"? † means something durable. As the sport wear, durability is equal to good quality. â€Å"? † implies that people can finally overcome difficulties and succeed, conforming with the connotation of Victory. These two words in Chinese show the features of the product perfectly. Another example is Procter & Gamble’s antidandruff shampoo â€Å"Head & Shoulders†. The translation â€Å" † means dandruff disappears when washed, and highlights the distinct characteristics of the product fully. Another two examples are â€Å"Sportsman† (bicycle) and â€Å"Unlsports† (sports shoes). The former is translated into â€Å"†, the latter into â€Å" †. If you are not familiar with the trademarks, who will associate it with their products? 2. 2 Choose the Appropriate Words As the symbol of products, trademarks should be simple and easy to remember and understandable for consumers. So in order to leave the best impression on consumers, translators should choose some appropriate words during the process of trademark translation. The more complicated words in the translation, the weaker the trademark sounds and the less memorable it becomes. For instance, McDonald’s was transliterated into â€Å"† in mainland of China before and now is displaced by â€Å" †. Also, in mainland, the brand name â€Å"Hewlett & Packard† had a long translation of â€Å" - † for a long period. Now, the six-character version, long and meaningless, has been replaced by the two-character version â€Å" †. Balancing these two versions, we can see the latter is easier to pronounce and memorize. Moreover, â€Å" † contains more meanings and can stimulate more favorable e favorable association of the the productassociation of consumers. Similarly, â€Å"Head &Shoulder†(shampoo) was transliterated into â€Å" † before and now a more compact and meaningful version â€Å" † is popular. â€Å"Stafanel†, the brand name for apparel from US, is translated into â€Å" † now. However, what about a two-character version â€Å" †? Also in China, â€Å"Mercedes-Benz†, the brand name for a quality car from Germany, was transliterated into â€Å"  · † before and yet is put into â€Å" † at present. A car from Great Britain â€Å"Rolls Royce† is translated into â€Å" † now instead of the former transliteration â€Å"  · †. The Chinese version for â€Å"Fair Child†, a semi-conductor from the US, was â€Å" † before and now is â€Å"  Ã¢â‚¬  instead. â€Å" † is easier to be pronounced and memorized than â€Å" † for â€Å"Nescafe† from Swiss. The upper new versions have replaced the old renderings because they are simple and easy to be accepted by consumers, in pronunciation, form and meaning. Easy acceptance by consumers finally promotes the sales of the products. On the contrary, some translations sound profane or may lead to negative associations in the Chinese language. Thus such translations would not be recognized and accepted by consumers. For examples, â€Å"Psorales†, a drug, was put into â€Å" † when just coming into China. No one knew what â€Å" † was and assumed it to be something discarded. It is not hard to imagine nobody would buy things that sound worn and useless. Later, it is replaced by â€Å" †,a more vivid and meaningful version, and its sales was improved afterwards. 2. 3 Analyze the Aesthetics Features Trademark translation should comply with the characteristics of morphology of trademark in the TL. â€Å"Getting the best out of the combination of beauty in meaning, sound and form is the internal requirement if we want to realize the associated function and the advertising function of a brand name†. (Tang Zhongshun, 2002:75-77) The translated trademark accordingly must be normative, elegant, vivid and visual. Firstly, â€Å"beauty of meaning† means the translated terms should produce an artistic conception through a favorable association of words or component words so that people will have rich and nice association and arouse the expectation and pursuit of wonderful things. We have the typical examples of â€Å"Sprite† (beverage) and â€Å"Tide† (washing power). Since â€Å"Sprite† was translated into â€Å" † in Chinese, this product has prevailed in China due to the brilliant color and abundant connotation. The translated term â€Å" † in sound is not only quite close to the pronunciation of the original brand name, but also makes people have a favorable association of lustration, neatness and tidiness, showing the sort and feature of the product. Secondly, â€Å"beauty of sound† means a brand name of the original and its translated version should basically share the same or similar pronunciation with the quality of sonority, rhythmization and musicality so that an aesthetically pleasing enjoyment is gained in hearing that brand name (Zhang Quan, 2004:77-79). There are many successfully translated versions fully reflect the beauty of sounds. Take â€Å"OMO† (washing power) and â€Å"Clean&Clear† (facial cleanser) for example. As â€Å"OMO† is translated into â€Å" †,it sounds like a compliment â€Å"great† in English. The translated term of â€Å"Clean&Clear†, â€Å" † makes good use of alliterative rhythmic reduplication in order to achieve a combination of phonetic rhythm and verve. Lastly, â€Å"beauty of form† means the translated trademarks should make the best of conciseness and simpleness in structure, namely using few syllables, readability and understandability of the words and avoiding difficult and seldom-using words. People prefer two or three words of translated versions because this structure better accords with the referential custom and aesthetic psychology. There are many famous translated brand names with the above feature, such as â€Å"Head&Shoulders† (shampoo), â€Å"Avon† (cosmetic), â€Å"Johnsons† (cream) and so on. Especially the translated version â€Å" † is full of the characteristics of concision, elegance and vividness representing the feature and function of the product. 2. 4 Pay Attention to Cultural Differences Edward Taylor defined culture as â€Å"a complex whole which includes knowledge, beliefs, art, morals, law, custom, and any other capabilities and habits acquired by individuals as members of a society. † (Taylor Edward B, 1871:36) Namely, the major factors contributing to the making of culture are the religions, habits, customs and history, which vary considerable from countries to countries. As a carrier of culture, language is an important part of culture which reflects the characteristics of a nation, which not only includes the nation’s historical and cultural background, but also contains the national outlook on life, lifestyles and ways of thinking. From the relationship between language and culture, it is obvious that translation is not only a process of transferring the source language into the target language, but also a process of a mutual communication and exchange between different cultures. Therefore, during the process of trademark translation, as language and culture are inseparable from each other, it is essential to pay more attention to cultural differences. 2. 4. 1. Differences in Religions Religions, myths, legends, and images from literary works are an in-separable part of culture. They are deeply rooted in culture and at the same time contribute a great deal to the formation of people’s concepts about certain objects. These elements, when involved in brand name translation, call for the translator’s sensitivity as well as flexibility in cultural adaptation in order that functional equivalence could be attained between the source brand name and the target brand name. For example, Goldlion was not well-liked when it first appeared in the Chinese market with the nameâ€Å" †. It is said that many people would not buy that product just because the name sounds very close toâ€Å" †in some Chinese dialects. Other people believe that the name was not well accepted because it resembles the sound ofâ€Å" †,which is also a taboo idea in China, especially in Hong Kong, where people display a particular liking for things with luck-bearing names. Anyway, the product did not sell well until the new nameâ€Å" †was adopted by Zeng Xianzi, a famous Chinese entrepreneur. He skillfully took apart the source brand name intoâ€Å"gold†andâ€Å"lion†. The first part was literally put intoâ€Å"? †to be faithful to the original, while the latter adopted the method of semantic transliteration and was put intoâ€Å" †,meaningâ€Å"bringing profit†. Such an auspicious name has helped a lot in building up the good fame of the product. 2. 4. 2 Differences in History. Every country has its own history. In the history, many historical incidents happened. These incidents have carved into the culture and have become a part of it. Being unaware of the history when translating a trademark will lead to failure. â€Å"Opium† is a brand of perfume. Actually in the western cul ention to hich reflects nd nice associationame, but also makes ation. things. he producr. ture, such kind of trademark name is popular, such as Poison, another perfume brand. However in China, â€Å" † has a negative meaning. The Chinese people experienced the shameful history related to opium since 1840, when the notorious Opium War broke out. Without the consideration of history, this brand encountered the resistance from the Chinese consumers. Finally, the trademark name â€Å" † was banned in China. 2. 4. 3 Differences in Customs and Habits Custom is one of the branches of culture reflecting the specific characteristics of a nation or parts of the nation. It is the sediment of long history and closely linked with the surroundings and the way of life. So some customs and habits exist in one culture but may be absent in another, which brings about an obstacle to Chinese-English brand name translation. Many Chinese brand names come from Chinese custom. One of the most famous rice wines named â€Å" † (Daughter Wine) is produced in Shaoxing, Zhejiang Province of China. To Chinese customers, the brand name represents the happy events in one’s life, while they cannot arouse the same feeling in westerners if translated literally and that will absolutely cause cultural loss, because the western consumers do not know about the custom of the ancient Shaoxing. It is said that in ancient Shaoxing a jar of this wine was buried under the ground when a daughter was brought into the world. When the girl grew up and became a bride, the jar was dug out and presented to the guests attending the wedding. As the wine was uncapped, the smell of the wine spread far, and all guests became excited and congratulated the parents, so it was named â€Å" †. When a translator translate the trade mark, it is very necessary to reveal the cultural information of the brand names. It is not only easy for customers to know about the origin of the wine but accept it quickly, because any one from any country would like to equally appreciate the beautiful things, enjoy the happy feeling and desire success. Thus, in order to reveal the cultural information of this brand name, perhaps the translation â€Å"Daughter’s Wedding Wine† is more suitable. 2. 4. 4 Differences in the Attitudes towards Animals and Numbers People living in different cultures hold different attitudes and beliefs towards animals and numbers. What is considered a good omen in one culture may not symbolize the same in another. Therefore, it is generally advisable that people should not use this type of words to name the relative products, and when one translates existing brand names of this type, cultural adaptation may help him find a more proper target brand name. The difficulties caused by such words in brand name translation may be illustrated with the following example. As we know, the Chinese people often associate bats with good luck because the Chinese character â€Å"? †sounds the same asâ€Å"? †(meaningâ€Å"good fortune†). Some Chinese legends even say that when a bat lives 100 years, it turns white in color and hangs upside down from a tree, and eating that bat could bring a person longevity. A red bat foretells even better luck forâ€Å" †sounds exactly the same withâ€Å" †(being supremely fortunate). Some Chinese stick to the belief so much that they name their productsâ€Å" †. But if the translator adapts his linguistic choices to the different attitude towards the animal in European cultures, he would not considerâ€Å" Bat† a good name, for bat is regarded as an extremely evil omen in many European folklores. Perhaps translations like â€Å"Fortunes† would be better. Besides, numbers bring about different associations. Generally speaking, each culture has certain numbers believed to be either â€Å"lucky† or â€Å"ominous†, but this may often differ from individual to individual. Let’s take the translation of â€Å"7-up†, a brand of soft drink, as an example. The number â€Å"7† is thought to be a lucky number to many English speakers, but it does not have the same meaning in Chinese. Considering the cultural difference, the translator, in order to create a similar effect among the Chinese consumers, worked out the nameâ€Å" †. The name is quite satisfactory because its first partâ€Å"? †remains faithful to the source brand name without conveying any unfavorable meaning, and its second partâ€Å"? †conveys the meaning ofâ€Å"happiness and good luck†,and hence makes up for the loss of connotation in the numberâ€Å"7†. Chapter 3 General Methods in Trademark Translation Peter Newmark once said that different translation strategies should be adopted according to the different functions of different works (Mou Yan, 2008). It is well-known that trademark translation is not only to convey the cultural information of the source culture, but also to set up a good image in the target culture, and finally to attract the people in the target market to the product. In order to achieve these purposes, translators should adopt the following methods in the process of trademark translation. 3. 1 Literal Translation Literal translation, referred to as semantic translation by Peter Newmark, is a way of translation which aims at preserving the most possible cultural messages (including the communicative aspect of culture, such as, the formal elements of the SL) of the source text at the sacrifice of the formal elements of the target language and sometimes even the intelligibility of the target text (Zheng Shengtao, 1994). Since the formation of words in the Chinese language is different from that in the Western languages, it is actually impossible to achieve trademark translation by word-for-word translation in most cases. Peter Newmark favors â€Å"literal translation† too. He says, â€Å"I am somewhat of a ‘literalist’ because I am for truth and accuracy†. (Newmark Peter, 2001:62) Although sometimes literal translation may create something exotic or even eccentric for the target language readers, it will gradually be accepted by the target language and its culture. As long as the translated brand names from foreign language can be understood and accepted by the target consumers, literal translation is the best way for promoting cultural exchange through the brand name translation in China. As the brand name translation is to transfer between cultures, translators should make the target consumers understand the source culture. Some people say there is a better way for translators to approach the original. That is literal translation, which can keep the national feature. For example, some traditional brand names, which are very familiar to the Westerners even to the world like â€Å" † (The Yangtze River), â€Å" † (the Yellow River), and â€Å" † (the Great Wall) are chosen by the producers, as they are the symbols of Chinese wonderful natural history. When translators translate them, they have no need to do any translation. As these brand names are well-known to the world, and these Chinese characteristics of brand names are fresh and mysterious to the Westerners, it is easy to evoke the target consumers’ purchasing desire. Translators can adopt literal translation. The brand names â€Å" †, â€Å" †, â€Å" † carry our ancient cultural information. When translators translate them into the Western languages, they should keep literal translation and add some notes, in order to let the target consumers know the source culture. Literal translation also keeps the general form and keeps the structure of the source language. Today, Chinese culture are getting more and more popular in the world, and more and more Westerners are eager to study our language in order to learn our long history. Therefore, the kind of translation is a necessary way to let more people learn our traditional culture. On the other hand, in the English-speaking countries, there are some brand names which can be literally translated. For example, the very famous brand name â€Å"White cat† is translated into â€Å" †. And the brand name â€Å"Camel† is translated into â€Å" †. All these translated brand names are very suitable for the products, and the products will very probably be loved by the consumers in the target market. Here literal translation is not the same as word-for-word translation. Word-for-word translation is to rigidly reproduce every word in the process of translation. Strictly speaking, it is not a translation method. But, literal translation is a skill of translation, even if there do exist some additions or deletions while the essence of the original is not destroyed. Literal translation makes the target language more smooth and acceptable. Although literal translation can most possibly maintain the cultural messages of the source language, it sometimes will cause misunderstanding of the cultural messages or create unintelligible meanings. Let’s take Sprite as an example. If the word â€Å"Sprite† is translated literally or directly, it might be â€Å" †. The version would put Chinese consumers into great confusion because â€Å" † is a human-like monster in Chinese culture. Thus translators should consider other methods. Literal translation is adopted as the most ideal translation technique in reproducing images because it can preserve the original images as much as possible. Some English expressions wearing word-for-word similarity to some Chinese expressions may mean something quite different. In this case, translators should go deeper to find out what these English expressions really mean; otherwise mistakes will be made in literal translation. 3. 2 Transliteration Transliteration in a narrow sense is a mapping from one system of writing into another and it is mostly based on the pronunciation. Transliteration attempts to be lossless, so that an informed reader should be able to reconstruct the original spelling of unknown transliterated words. To achieve this objective, transliteration may define complex conventions to deal with letters in a source script that do not correspond with letters in a goal script. Transliteration means that trademarks are translated into similar names in pronunciation according to the original ones (Li Yi, 2009:232-234) It is generally believed that the adoption of this method can help to achieve various purposes. Some trademarks obtained in this way can effectively remind the customers of their classic status. Such trademarks are easier for target consumers to pronounce and memorize. Still, some trademarks are deliberately transliterated in order to cater to the foreign consumers’ general preference for foreign goods because some thus-translated trademarks sound more foreign-like. The world famous trademark â€Å"Intel† means: the ability to learn and reason and the capacity for knowledge and comprehension. Now you see why it is translated into â€Å" † which sounds foreign-like and is easy to memorize and read. Meanwhile, it indicates the characteristic of the product. Another example is the translation of â€Å"Ya Ya†. â€Å" † (down wear) is transliterated into â€Å"Ya Ya† instead of â€Å"Duck†. The translated trademark â€Å"Ya Ya† is a catchy name that can fulfill the simulating function of trademark effectively. These two examples show the characteristics of being simple and easy to pronounce and memorize and as well obey the principle of aesthetics. Though transliteration embodies the sound beauty of the original one, the translated trademark dictions should be chosen carefully. During transliteration, it is important to obey the characteristics of arousing desirable association. â€Å"Philip† was once translated into â€Å" † which sounds more similar to the original one than â€Å" †. But the three characters â€Å" † will arouse unfavorable association. People prefer good and appropriate words, and hence, when using transliteration method, translators should do their best to choose beautiful words. For example, â€Å"Lancome† (cosmetics) is put into â€Å" †. The two Chinese  characters are beautiful and can be associated with an elegant woman with certain spiritual qualities. These two words â€Å" † are always connected with beautiful things, such as â€Å" , †. That’s why Chinese females have a partiality for â€Å"Lancome†. In translation practice, we find that English trademarks are highly coherent in letters or words and can be pronounced easily in one breath, while the transliteration of Chinese trademarks are broken into independent words in accordance with the specific Chinese characters. So the English version often lacks coherence. To avoid the disadvantage of transliteration in strict accordance with the standard Chinese pronunciation, we can use transliteration method flexibly. To some extent, we can translate a trademark according to the local pronunciation. The following examples successfully avoid the above problem. â€Å" † (refrigerator) is translated into â€Å"Frestech† instead of â€Å"Xin Fei†. â€Å"Frestech† is composed of â€Å"fresh† and â€Å"technology†, which is coherent in structure and pronunciation. What’s more, it also implies that the product is produced with advanced technology. â€Å"† (tonic food) means that happiness is coming, suggesting the product will bring happiness and health to consumers. The English version â€Å"Life† caters to westerners’ psychology and is easier for them to pronounce and spell. 3. 3 Free Translation â€Å"Free translation reproduces the matter without the manner, or the content without the form of the original. Usually it is a paraphrase longer than the original. † In order to take advantage of the target language and make translated brand name more idiomatic and acceptable, some imaginary brand names are freely translated. Free translation can communicate the information of products clearly and vividly. It will make a strong impression on the target language consumers and arouse their response. There are many successful examples to show this method. For example, â€Å"Ariel† (washing powder) is rendered as â€Å" †. The word â€Å"? † means â€Å"clean† and â€Å"clear†. So â€Å" † indicates the super cleaning capability of the washing powder. Similarity, â€Å"Safeguard† (soap) is not literally translated into â€Å" †, but â€Å" †. The translation describes the product’s function and attributes. â€Å"Rejoice† (shampoo) is not translated into â€Å"†, but â€Å" †, meaning softness and glossiness. â€Å"Slek†(shampoo) is also rendered as â€Å" † through free translation. â€Å" † in Chinese can be a noun as well as a verb phrase. If â€Å" † is interpreted as a noun, it means beautiful buds, implying ladies will be like an elegant bud after using the shampoo; if â€Å" † is interpreted as a verb, it means nourishing a bud to make it come out. This implies the shampoo can make hair glossier. â€Å"Zest†(soap) is paraphrased as â€Å" † through free translation. â€Å"? † is a very popular word in China, which brings the soap a fashionable element. This translation is improved from the original one â€Å" † in literal method. â€Å" † is more proper and suitable to meet the needs of the youth who are the target customers. 3. 4 Liberal Translation plus Transliteration In order to reach the criteria of trademark translation—beauty in meaning and sound, and to make the translated versions possess the general features of good brand names, we can use the combination of liberal translation and transliteration to translate brand names, since in many cases liberal or transliteration cannot do the job along. A good translation of a brand name should not only be similar to the original sound but also reflect the connotation of the original. The combination of liberal translation and transliteration may achieve double purposes, as the message of the brand name will be more vividly reflected so that it will be more impressive to guide consumption. Here we take some examples to appreciate the merits of this kind of method. For example, â€Å"Pampers†Ã¢â‚¬â€diapers from P&G, is rich in meaning and clear in pronunciation. The translated brand name â€Å" † has got a balance between the meaning and the pronunciation. The brand name of a medicine â€Å"Bufferin† is translated into â€Å" †. The translated brand name does not tell us what the medicine is, but it forms a sound which is very close to that of the source brand name. A drink named â€Å"Milo† is translated into â€Å" †, which not only makes us know that the pronunciation of the translated word is close to that of the original, but tells us what the product is made from and the property of the product.

Causation and Intervening Acts in Criminal Law Essay

According to Robin J.A. in Malette v Shulman[1], â€Å"the right of self-determination which underlies the doctrine of informed consent also obviously encompasses the right to refuse medical treatment. A competent adult is generally entitled to reject a specific treatment or all treatment, or to select an alternate form of treatment, even if the decision may entail risks as serious as death†¦The doctrine of informed consent is plainly intended to ensure the freedom of individuals to make choices concerning their medical care. For this freedom to be meaningful, people must have the right to make choices that accord with their own values regardless of how unwise or foolish those choices may appear to others.†[2] R v Blaue[3], a famous causation case in criminal law, brings to foreground a thought-provoking debate about whether an individual’s religious beliefs and other psychological values could be included in the ‘thin skull’ rule and whether the refus al to take lifesaving medical treatment breaks the chain of causation that exists between the defendant’s wrongdoing and the purported outcome of that wrongdoing. The facts of the case are as follows – Blaue, the defendant, stabbed a woman numerous times after she refused to have sexual intercourse with him. She was a Jehovah’s Witness and was therefore not in favour of blood transfusions. After the stabbing, she was taken to a hospital and was told that she urgently needed to have a blood transfusion, without which she would die. Owing to her religious beliefs, she refused to consent with the suggested treatment. As a result, she died in the hospital. While giving the judgment, Lawton L.J. stated that â€Å"those who use violence on other people must take their victims as they find them.†[4] This, according to him, not only includes victims’ physical characteristics, but also their emotional, psychological and spiritual values and beliefs. This decision has proved to be extremely controversial and gives rise to various debates. Most understand the rationale behind the court’s judgment and agree that the defe ndant is, as a matter of fact, criminally liable for causing the injury. After all, the victim was at the receiving end of several stabbings, imposed by the defendant, who clearly had an intention of causing serious bodily harm, if not death. However, some feel that the death was the result of the victim’s refusal to carry out the blood transfusion. They feel that the defendant should not be responsible for the unusual, irrational and unjustified religious beliefs of the victim. In addition, the defendant could not have possibly foreseen her backing out of receiving medical treatment in the hospital. The Blaue case creates many doubts about the doctrine of causation in criminal law. Was Blaue responsible for the victim’s death or was it an act of the victim, since it was her decision to refuse a blood transfusion? If we conclude that Blaue is indeed responsible for her death, another question comes to mind: Why is the victim not responsible for her own death? First and foremost, it is a fact that the victim sustained injuries due to numerous stabbings and it was Blaue who had inflicted them upon her. Her not taking any steps to save herself did not instigate her death. Secondly, there is an application of the ‘thin skull’ rule in this case. An important principle of the law of causation is that defendants must ‘take their victims as they find them.’ This means that if a defendant pushes someone and because they have a thin skull, they crack their head and die, the defendant will be liable for causing their death. The Court of Appeal in Blaue indicated that the decision could be seen as a ‘thin skull’ example. It was established that the ‘thin skull’ rule goes beyond the physical characteristics of individuals, also including a person’s moral and religious beliefs. Thirdly, the victim’s decision to not undergo blood transfusion, which would have clearly saved her life, was based on profound religious views and hence, did not constitute a novus actus interveniens. That is, it was not an intervening act. Nevertheless, the judgment has been critisised on various grounds. Why was the vict im’s decision to refuse medical treatment seen as a subsisting condition rather than an intervening cause? Would it have been the same if the refusal was due to a fear of needles or the fact that she could not bear the pain and thought dying was the only way to end the agony? A decision steered by religious beliefs is a moral choice, that is, a free decision. Why should the defendant endure the responsibility if the victim makes a free choice to kill herself any more than he should if, weakened by the injury, the victim took a controversial choice to end her life with dignity rather than enduring pain and life-long humiliation? Thus, to understand the Blaue case, we not only need to take into account causation in criminal law, but also the two doctrines which apply to the concept of proximate causation; the ‘thin skull’ rule and the principle of novus actus interveniens. Causation – In criminal law, individuals that are guilty of a crime are penalised for the harm they cause if both the physical and the mental element of committing an offence is present. There must be a valid connection between an individual’s conduct and the result alleged to constitute an offence. The causation requirement attaches criminal responsibility to those individuals whose conduct is sufficient enough to bring about serious bodily injury or death. In Hallett[5], the accused assaulted a man and left him on a beach. Over the next few hours, the man drowned. The court concluded that Hallett’s contribution to his death was more than minimal to hold him responsible for it. However, in Blaue, the defendant was found to be the substantial and operating cause of the woman’s death. That is, his stabbings is why she was admitted to a hospital in the first place. ‘Thin skull’ rule – The defendant must take the victim as he finds him or her and this means ‘the whole man and not just the physical man.’ This rule applies irrespective of whether the defendant is aware of the condition in the victim. On one hand, there are instances where the victim suffers from a pre-existing condition which renders him or her more vulnerable to injuries. On the other hand, there are cases where the victim does not take medical treatment to heal wounds and suffers serious harm as a result. A defendant cannot escape liability for a victim’s death as a result of an abnormal ity present in the victim or an internal, subsisting belief of the victim. It is his fault that he caused harm in the first place. In R v Hayward[6], a man chased his wife into the street shouting threats and kicked her. She collapsed and died from an unusual thyroid condition which made her susceptible to physical exertion and fear. He was convicted of manslaughter because he aggravated her pre-existing condition by physically assaulting her. This case is a good example of the ‘thin skull’ rule applying to the physical characteristics of an individual. The fact that he could not possibly foresee her dying is not an excuse. However, can a victim’s religious beliefs constitute a thin skull? With reference to Blaue, according to Hart and Honorà ©: â€Å"The question is not whether it is reasonable to believe that blood transfusion is wrong, but whether a person whose life is in danger can reasonably be expected to abandon a firmly held religious belief. The answer must be surely no.†[7] Religious beliefs and convictions are an inte rnal characteristic of individuals, which is deeply rooted in their way of thinking and life. It is intrinsic to every person. Hence, people cannot be held legally accountable for possessing such sentiments. Novus Actus Interveniens – The general principle is that an intervention by a third party will break the chain of causation if it is ‘free, deliberate and informed.’ In R v Kennedy[8], Kennedy prepared a syringe for the victim, who injected himself and died due to an overdose. Kennedy was convicted of unlawful manslaughter. The act of the victim, in injecting himself with the drug, was an intentional, free, deliberate and an informed action. Thus, the drug dealer is not guilty of unlawful manslaughter. In contrast, in R v Dear[9], the defendant slashed the victim repeatedly with a knife. The victim died two days later. The defendant appealed against his conviction for murder, arguing that the chain of causation had been broken because the victim had committed suicide either by reopening his wounds or because he had failed to take steps to stop the blood flow after the wounds had reope ned themselves. The court dismissed the appeal and held that the real question was whether the injuries inflicted by the defendant were a substantial and operating cause of the death. The victim’s death resulted from excessive bleeding from the artery, which was triggered by the defendant when he attacked the victim. In Blaue, the refusal to get treatment does not break the chain of causation, despite the fact that it was informed and deliberate, because having such a belief is involuntary and requisite. According to Hart and Honorà ©, â€Å"the question to be decided is whether the decision to refuse treatment is not merely deliberate and informed but also a free one. In view of the high value attached in our society to the matters of conscience, the victim, though free to accept any belief she wished, is not thereafter free to abandon her chosen belief merely because she finds herself in a situation in which her life may otherwise be in danger. So it was not her free act to refuse a transfusion.†[10] It was reasonably foreseeable that a Jehovah’s Witness would refuse a blood transfusion. The victim had no choice due to her religion. It was not a free decision because, in a way, she was bound by it. It could be said that she simply let the wound take its natural course. Moreover, the death was caused due to the bleeding arising from the penetration of the lungs, which was brought about by the stabbings. The substantial and operating cause test does not take into account a victim’s distinct characteristic. So long as victim died of internal bleeding due to the wound administered by Blaue, we need not ask further questions. However, if the principle of ‘taking your victims as you find them, including their beliefs’ is applied to more cases, it would have varying results. Let’s assume that X assaults Y. Y ends up committing suicide because she is mentally unstable or because she hopes to get X behind bars. Another example could be that X shoots Y on his left leg. Y could go to the hospital but decides to remove the bullet by himself. Unable to do so and still refusing medical treatment, he dies. Should X ‘take’ Y’s unstable, vengeful or negligent behaviour? Is that justified or is it unfair? ——————————— [ 1 ]. Malette v Shulman [1991] 2 Med LR 162. [ 2 ]. Jerome Edmund Bickenback, Canadian cases in the philosophy of law, 4th edition, at 160 to 161. [ 3 ]. R v Blaue [1975] 1 WLR 1411. [ 4 ]. Michael T. Molan, Sourcebook on Criminal Law, 2nd edition, at 67. [ 5 ]. Hallett [1969] SASR 141. [ 6 ]. R v Hayward (1908) 21 Cox 692. [ 7 ]. Denis Klimchuk, Causation, Thin Skulls and Equality (1998) at pg. 126. [ 8 ]. R v Kennedy [2007] UKHL 38. [ 9 ]. R v Dear [1996] Crim LR 595. [ 10 ]. Alan Norrie, Crime, Reason and History: A Critical Introduction to Criminal Law, at pg. 143.

Free Essays on The American Family

The American Family After reading â€Å"Grover Dill And The Tasmanian Devil† by and interpreting it into the movie â€Å"A Christmas Story†, I was given a better understanding of the character’s roles as individuals, while carrying out the norms of the average American Family. There were necessary changes that had to be made when making the movie, considering the novel took place during the summer and the movie during Christmas. One of the things I would have liked to see in the movie, that was left out from the book was Ralphie’s temper. In the book Ralphie discusses the killer that lies deep inside each one of us as he stares the Tasmanian devil eye-to-eye, knowing that he and the animal were both killers. In the movie, there are some hints that might give you an idea of his temper, one is when he blurted out the word fudge and another is when he is disappointed with his little orphan Annie secret decoder. Other than that we really do not know he has that bad of a temper until he blows his fuse on Scut Farcus the bully. Also in the book, the bully’s name is Grover Dill, which in the movie is Scut Farucs. Grover Dill does have a role in the movie but he only plays a henchman to Scut Farcus. Another difference that made me realize it was summer, happened right after Ralphie got into the fight with Scut Farcus. During dinner when his mother is trying to smoothen things over with the old man about the fight, she says, â€Å"I see the Bears won today.† In the novel she says, â€Å"I see the White Sox’s won today.† This made it clear to me that the novel was going on during a baseball season, which is in the summer unlike football, which is played throughout the fall. Summer was the fact that was that. I really enjoyed reading and watching both the novel and the movie. Doing so I was given a better understanding of the movie I have watched every Christmas of my entire life and I also saw other aspects of the story other than it ... Free Essays on The American Family Free Essays on The American Family The American Family After reading â€Å"Grover Dill And The Tasmanian Devil† by and interpreting it into the movie â€Å"A Christmas Story†, I was given a better understanding of the character’s roles as individuals, while carrying out the norms of the average American Family. There were necessary changes that had to be made when making the movie, considering the novel took place during the summer and the movie during Christmas. One of the things I would have liked to see in the movie, that was left out from the book was Ralphie’s temper. In the book Ralphie discusses the killer that lies deep inside each one of us as he stares the Tasmanian devil eye-to-eye, knowing that he and the animal were both killers. In the movie, there are some hints that might give you an idea of his temper, one is when he blurted out the word fudge and another is when he is disappointed with his little orphan Annie secret decoder. Other than that we really do not know he has that bad of a temper until he blows his fuse on Scut Farcus the bully. Also in the book, the bully’s name is Grover Dill, which in the movie is Scut Farucs. Grover Dill does have a role in the movie but he only plays a henchman to Scut Farcus. Another difference that made me realize it was summer, happened right after Ralphie got into the fight with Scut Farcus. During dinner when his mother is trying to smoothen things over with the old man about the fight, she says, â€Å"I see the Bears won today.† In the novel she says, â€Å"I see the White Sox’s won today.† This made it clear to me that the novel was going on during a baseball season, which is in the summer unlike football, which is played throughout the fall. Summer was the fact that was that. I really enjoyed reading and watching both the novel and the movie. Doing so I was given a better understanding of the movie I have watched every Christmas of my entire life and I also saw other aspects of the story other than it ...

Giles Corey - Salem Witch Trials

Giles Corey - Salem Witch Trials Giles Corey Facts: Known for: pressed to death when he refused to enter a plea in the 1692 Salem witch trials Occupation: farmer Age at time of Salem witch trials: 70s or 80s Dates: about 1611 - September 19, 1692 Also known as: Giles Coree, Giles Cory, Giles Choree Three marriages: Margaret Corey - married in England, mother of his daughtersMary Bright Corey - married 1664, died 1684Martha Corey - married April 27, 1690 to Martha Corey, who had a son named Thomas Giles Corey Before the Salem Witch Trials In 1692, Giles Corey was a successful farmer of Salem Village and a full member of the church. A reference in the county records shows that in 1676, he was arrested and fined for beating a farmhand who died of blood clots associated with the beating. He married Martha in 1690, a woman who also had a questionable past. In 1677, married to Henry Rich with whom she had a son Thomas, Martha gave birth to a mulatto son. For ten years, she lived apart from her husband and son Thomas as she raised this son, Ben. Both Martha Corey and Giles Corey were members of the church by 1692, though their bickering was widely known. Giles Corey and the Salem Witch Trials In March of 1692, Giles Corey insisted on attending one of the examinations at Nathaniel Ingersolls tavern. Martha Corey tried to stop him, and Giles told others about the incident. A few days later, some of the afflicted girls reported that they had seen Marthas specter. At the Sunday worship service on March 20, in the middle of the service at Salem Village Church, Abigail Williams interrupted the visiting minister, Rev. Deodat Lawson, claiming she saw Martha Coreys spirit separate from her body. Martha Corey was arrested and examined the next day. There were so many spectators that the examination was moved to the church building instead. On April 14, Mercy Lewis claimed that Giles Corey had appeared to her as a specter and forced her to sign the devils book. Giles Corey was arrested on April 18 by George Herrick, the same day as Bridget Bishop, Abigail Hobbs, and Mary Warren were arrested. Abigail Hobbs and Mercy Lewis named Corey as a witch during the examination the next day before magistrates Jonathan Corwin and John Hathorne. Before the Court of Oyer and Terminer, on September 9, Giles Corey was accused of witchcraft by Ann Putnam Jr., Mercy Lewis, and Abigail Williams, based on spectral evidence (that his specter or ghost visited them and attacked them). Mercy Lewis accused him of appearing to her (as a specter) on April 14th, beating her and trying to force her to write her name in the devils book. Ann Putnam Jr. testified that a ghost had appeared to her and said that Corey had murdered him. Giles was formally indicted on the charge of witchcraft. Corey refused to enter any plea, innocent or guilty, simply remaining silent. He probably expected that, if tried, he would be found guilty. and that under the law, if he did not plead, he could not be tried. He may have believed that if he were not tried and found guilty, the considerable property he had recently deeded to his sons-in-law would be less in danger To force him to plead, beginning September 17 , Corey was pressed he was forced to lie down, naked, with heavy stones added to a board placed on his body, and he was deprived of most food and water. Over two days, his response to the requests to enter a plea was to call for more weight. Judge Samuel Sewall wrote in his diary that Giles Cory died after two days of this treatment. Judge Jonathan Corwin ordered his burial in an unmarked grave. The legal term used for such pressing torture was peine forte et dure. The practice had been discontinued in British law by 1692, though the judges of the Salem witchcraft trials may not have known that. Because he died without trial, his land was not subject to seizure. Before his death, he signed over his land to two sons-in-law, William Cleaves and Jonathan Moulton. Sheriff George Corwin managed to get Moulton to pay a fine, threatening to take the land if he did not. His wife, Martha Corey, was convicted of witchcraft on September 9, though she had pled innocent, and was hanged on September 22. Because of Coreys previous conviction for beating a man to death, and his and his wifes disagreeable reputations, he might be considered one of the easy targets of the accusers, though they were also full members of the church, a measure of community respect. He might also fall into the category of those who had property that might be in question if he were to be convicted of witchcraft, giving a powerful motivation to accuse him though his refusal to plead made such a motivation futile. After the Trials In 1711, an act of the Massachusetts legislature restored the civil rights of many of the victims, including Giles Corey, and gave compensation to some of their heirs. In 1712, Salem Village church reversed the excommunication of Giles Corey and Rebecca Nurse. Henry Wadsworth Longfellow Longfellow put the following words into the mouth of Giles Corey: I will not pleadIf I deny, I am condemned already,In courts where ghosts appear as witnessesAnd swear mens lives away. If I confess,Then I confess a lie, to buy a life,Which is not life, but only death in life. Giles Corey in The Crucible In the fictional work of Arthur Millers The Crucible, the character of Giles Corey was executed for refusing to name a witness. Giles Coreys character in the dramatic work is a fictional character, only loosely based on the real Giles Corey.

Importance of Decision Making in Risk Management Essay

Importance of Decision Making in Risk Management - Essay Example The major social responsibilities are to defend the environment, uphold the safety of employees, and to make sure the products are safe and not dangerous for the customers. When making choice, these three social everyday jobs ought to be kept in mind. Environmental defense and conservation is a big concern for organizations. Numerous groups of populace have an interest in financial or in the presentation of a business, these dissimilar groups are recognized as stakeholders. Stakeholder scrutiny is important for winning implementation of projects and planned activities within any organization. Analyzing stakeholders is significant in order to appreciate them. Moreover, stakeholders are people who have an interest in a gainful unit. These can comprise the owners, employees, clientele, suppliers, and the government. Everyone plays a significant role in the completion and achievement of the strategy. The central focus of an organization's culture has developed approximately the organization's values. Organizational values are influential influences that differentiate one firm from another. Organizational values, a main measurement of the organizational culture, define the standards that direct the external and interior integration of organizations. In general, low levels of promise are thought to be dysfunctional to together the organization plus the individual. For the majority organizati... This shift involves together personal and organizational alteration. Creating a value driven organization can lead to numerous helpful rewards. How one adapts to the values can help for the ordinary good of society. E) Addressing objections, Social everyday jobs ought to be at the top of the list of organization plus the like. Concerns regarding the activities plus practices of large and influential private business that wield enormous financial resources and have significant financial, political, and social belongings in the U.S. and abroad is a major responsibility issue. F) Resolution implementation Management recounts the decisions plus actions of their employees to the targets that they are satisfying. Quite a few factors are involved by means of the implementation. The factors relate to the human, technological and monetary resources that are all separately of getting the job done (Rodewald 1987). Managers require the help of employees who labor and split the need to attain an organization's goals. Conclusion No doubt, this paper applied six ethical decision-making steps towards the communal everyday jobs of organizations. The six moral decision-making steps are as pursue: Issue clarification, Stakeholder analysis, Values identification, Issue resolution, Addressing objections, as well as Resolution implementation. No doubt, social liability is dangerous for organization's to do well ethically and to be seen as good business citizens. Positive impacts on civilization are an integral part of any trade. Businesses have to accommodate stakeholders throughout its process and activities. Work Cited Capozzoli, T.K. (1995). Conflict Resolution- a key ingredient