Global Trends in Economic Justice

spheric Trends in economic JusticeIntroduction end-to-end this course, I continu bothy questioned my understanding of frugal conscionableice. With all that is changing by dint ofout our world, the spectrum of economical justice go away continually evolve, as interests, laws, human interactions, and g everywherening change. It was especially interesting to butt against that the majority of the estate falls in the top one percent of global wages, making and annual ain income of thirty four thousand. Which brings me to the issue of distress, and how the global rescue operates in a fundamentally unfair manner. Although our economy itself is improving and our nation is becoming stronger, this doesnt mean much when a signifi squeeze outt percentage of the macrocosm is seek to survive.We put one across discussed the theories and concepts of what is fair through three different views Libertarian capitalist economy, communism and eudaimonia State. I result discuss my inter pretation and personal reflections on economic justice in the world, and what I determine, based murder of our class discussions and readings, to be fair and just.My Personal ReflectionWhen discussions of destitution consumed the class, I decided to poke into the way the world focuses on what demands to be changed to better the economy and end poverty, mostly within the media, versus what is actually being done active this situation. There have been a lot of positive changes made throughout the world, first with Social Security after the Great Depression, to the now usual food stamps, un economic consumption insurance, doers compensation, earned income tax credits, and on and on. But at that place argon not enough jobs available to most Ameri cigarettes that pay above the lower limit wage. There is also not enough investment in command or skill development trainings. Although the minimum wage was never mean to support an entire family, due to the lack of education and ski lls, a giant percentage of Americans are only able to work where the pay is minimum. I feel that basic human rights and bigdoms are being compromised by allowing the poverty level to continually increase.I support a wellbeing produce and its ability to help those stricken with poverty, however I feel that there needs to be major changes before the governance ends up bankrupt, from the inability to control how much is going out versus what is coming in. Throwing money at the problem has not assisted in lowering poverty or making those who are in poverty, self-sufficient. Instead of making mint in poverty more than comfortable, we need to create more prosperity, to provide a way for these mass to get out of poverty. The more money that the join States spends on means assisting programs, it seems the poverty level increases, and according to president Barak Obama this cipher for these programs will only increase over time. The best way to increase wealth in this situation is through the power of a free merchandise. Protecting capital investments, giving people opportunities to start new businesses, uphold the failed government school system by supporting competition and choice, and in induction encouraging and educating the poor on how to save and invest. meagerness in the land vs three Approaches to Economic JusticeSince the beginning of the warfare on Poverty, government has spent enneadteen point eight trillion (in inflation-adjusted 2011 dollars) on means-tested welfare. In comparison, the cost of all military wars in U.S. history from the Revolutionary War through the current war in Afghanistan has been six point nine eight trillion (in inflation-adjusted 2011 dollars). The War on Poverty has cost three times as much as all other wars combined. (Rector, 2012) So what do we do? How do we make this fair and just? harmonize to Stephen Nathanson, in the book Economic Justice, there are three approachesLibertarian Capitalism rewards people for their efforts and contri scarcelyions, you can work hard and make more contributions but you dont always earn more than people who work less and contribute less. Supports private ownership, a securities industry system, supply and demand, inheritance, and charity.Socialism believes an equal distribution would frustrate despair, everyone has a share by moral excellence of their humanity, from each according to his ability, from each according to his need. (Nathanson, 1997) Supports public ownership, a mean economy, with a centralized publicly controlled system, and allocation based on need or the egalitarian principle.Welfare State Allows people to get leading by virtue of their efforts and contributions, while not judging them based on their success in the market, but that they have a legitimate pack to near resources. Supports primarily private ownership, a market system with some government intervention, and allocation based on some share of resources, market values and g ifts.Libertarian Capitalism on PovertyDespite the fact that states have long been globalized in terms of their economic relations, it is only in juvenile years that scholars have begun to pursue the problem of distributive or economic justice on the wider stage provided by world politics. (Kapstein, 2006) The past 25 years have witnessed the greatest reduction in global poverty in the history of the world. The credit goes to the spread of capitalism. Over the past a couple of(prenominal) decades, developing countries have embraced economic-policy reforms that have cleared the way for private enterprise. (Irwin, 2014) evening philosopher Adam Smith described the economy as a commercialised society. Capitalism carrys to cause some issues with regards to the poverty level because it encourages companies to shut pour down their factories and invest their money elsewhere, leaving people without a job. It basically is all about accumulation of wealth. Charles Murray suggests that pe ople are in poverty because something in them is missing, and he believes that liquidating the welfare and government programs would leave those in poverty utilise these crutches, only the resources of the job market, friends, family, or private or topical anaestheticly funded services, encouraging use their merit and earn.Socialism on PovertyIndividualism is promoted and views on capitalism from a fondist point of view is that of tyranny. They also tend to demand what the rich save and encourage wealth distribution through social entitlement programs, and because fair is never defined it cannot be measured. This view also likes to focus on production for need, not profit. They approve of increased and grow government welfare assistance, as well as free tint education in a safe and secure environment. Socialism will establish a new social and economic order in which workers and community members will take responsibility for and control of their interpersonal relationships, thei r neighborhoods, their local government, and the production and distribution of all goods and services. (Socialist Party ground forces 2013-2015 National broadcast , 2014) Socialist believe that poverty is caused by the natural workings of a capitalist marketplace that has always excluded a significant part of the population from decent jobs and, thus, from the ability to purchase on the private market goods obligatory for a decent biography for themselves and their children.Welfare State on PovertyIt is a theory that affords for the total security of its residents and is similar to socialism. It provides entitlement programs and some social insurance to its residents, and provides for persons in need, through an unnumbered amount of programs known as welfare. Welfare incorporates government programs that provide benefits and economic assistance to Americans with little or no income. One of the main goals of welfare in the United States, is to mitigate the quality of living sta ndards and life, for the underprivileged. Welfare help is usually extended to people other than just the poor and underprivileged and includes students, unpaid workers, caregivers, mothers and the elderly. One of the foundations of this state is personal liberty, and dependency on a government agency for pecuniary assistance can detract from this feeling, and way of life and move into more of a welfare state condition.Below is a 1940s survey of William Beverage the founder of the Welfare State waiving a wand over big giant wants. People got used to living the easy life with all the benefits and they became dependent. Social policy has come to be driven by the very policies that the welfare state was supposed to replace.Poverty in the welfare state, even with all the additional benefits provided, to those with lower or no income, is nonoperational increasingly high. One reason is because there are some things that the welfare state cannot control, for exampleBeing disadvantaged i n the labor marketCant end inequalityCannot guarantee full employmentCannot provide stable marriagesWe have to remember that welfare was not created for the poor, it was created to prevent people from becoming poor.ConclusionThe many issues and opinions with Capitalism, Socialism and the Welfare State, and the cause of each on poverty are almost one sided. everywhere you research you will find that each is to its own. So I came to the conclusion that what is fair in economic justice with regards to poverty is that the government should play along with the welfare state, fund those in need, and continue to fight discrimination, to the best of its ability. With that said, I dont believe in our lifetime we will see a major change in the poverty level, as our country continually accumulates debt to defend the underprivileged. So what is fair in this case is just making sure that everyone has an equal chance and opportunity to make a better life for themselves. This includes state an d government funded programs that can provide people with the opportunity to better themselves. There needs to be better regulations and a limit to the amount of help one person or family can receive, so that each person isnt just living off the government and increasing taxes for those that work. We as a country, especially with the new Obama safeguard laws are working to find a suitable solution to decrease poverty, however, sharing the worlds wealth has never been an easy issue to address and correct. It will take a lot of time and effort, and newer more suitable laws that protect the working class as well as the underprivileged in an equal manner before I believe that there can be a major change in poverty.ReferencesIrwin, D. (2014, November 02). The Ultimate orbiculate Antipoverty Program. Retrieved from The Wall Street Journal http//www.wsj.com/articles/douglas-irwin-the-ultimate-global-antipoverty-program-1414972491Kapstein, E. (2006). Economic Justice in an raw WorldTowa rd a Level Playing Field. New Jersey Princeton University Press.Nathanson, S. (1997). Economic Justice. Pearson.Rector, R. (2012, May 03). Examining the Means-tested Welfare State 79 Programs and $927 Billion in annual Spending. Retrieved from The Heritage Foundation http//www.heritage.org/research/testimony/2012/05/examining-the-means-tested-welfare-stateSocialist Party USA 2013-2015 National Platform . (2014, December 10). Retrieved from socialistparty-usa.net http//socialistparty-usa.net/platform.htmlYates, M. (2004). Poverty and Inequality in the Global Economy. Monthly Review, 55(9).

What Is The Gettier Problem?

What Is The Gettier Problem?The Tri sectionite Theory of noesis, a hypothesis which goes back as far as Plato, states that in order for cardinal to possess familiarity, wizard must have reassert unfeigned spirit. In other words, if you carry a impression, that belief must be received and you must be able to justify it. The Tri factorite Theory exists to allow a response to the question of what exactly familiarity is. Whilst the guess office have been widely accepted in the past, it was in 1963 that an epistemological meditate on the topic ensued. Edmund Gettiers three-page penning Is Justified True Belief Knowledge? shows dickens conditions where the criteria for justified truthful belief appear to be met exactly mostly due to luck rather than knowledge. Whilst these believeer- causes have led to a number of attempted answers, my opinion is that the Gettier chore assnot be re exercised. Alvin Goldman attempted to solve the Gettier caper with a system of caus ative confederacy which states that justified true belief must be achieved through a causative connection to the truth. In this essay, I will cozy up the shipway in which Goldmans proposed solution falls short and so fails to solve the Gettier problem and thus constitute angiotensin-converting enzyme way in which the Gettier problem fagnot be resolved.The Gettier problem basically demonstrates the problem of luck in the Tripartite Theory and thus shows how justified true belief doesnt necessarily mean knowledge. I will puzzle this through the following Gettier-style example Susie walks past the same clock customary on her way to class at 2pm. Today, as she walks past, the clock pastce says 2pm and she has no reason to believe otherwise since the clock is well maintain and has always been right in the past. Susie has justified true belief. However, unbeknownst to Susie, the clock stopped 12 hours earlier at 2am. So whilst Susie believes the clock reads 2pm, it very rea ds 2am. Thus, the circumstance that the clock stopped at the time it did is purely stamp come to the fore to luck. So Susies belief fails to be knowledge. If knowledge were to be gained via a causative connection, the problem of luck would essentially not exist as the actor would have acquired knowledge through a reliable, cognitive process. The purpose of the causal possibility is to reinforce the Tripartite Theory nevertheless with the addition of a clause that states that a causal strand amidst beliefs and truths is required for knowledge. Goldman argues that detection is one much(prenominal) mechanism that can allow a causal connection and thus justify ones true beliefs. He states in his 1967 physical composition A Causal Theory of Knowing Perhaps the simplest case of a causal concatenation connecting virtually fact p with someones belief of p is that of perception (Goldman 358). Goldman uses the example of the vase to reinforce his argument about perception which is gravel forth as follows S sees a vase that that vase is actually beingnessness hidden by a laser photograph of a vase. Because of the photograph, S believes that in that respect is a vase in front of him. Goldman argues that in actual fact, S does not unfeignedly see the vase because of the lack of causal connection that exists between Ss belief and the real vase. So ultimately, what Goldman is saying is that knowledge acquired by plentitude requires some split of causal connection for it to truly be knowledge. And so the Gettier problem is essentially resolved, according to Goldman, with the addition of the causal connection clause.Goldman continues his paper by discussing knowledge base on reposition. Memory can be considered a causal process because a current belief could be caused and therefore traced back to an earlier cause. Knowing a fact at one time and then knowing it again at some other is not necessarily knowledge based on memory as a causal connection would h ave to be complicated as an essential component in memory. Like perception, the causal connection of memory is used by Goldman to solve the Gettier problem through the addition of an senseless element in the Tripartite Theory. Goldman goes on further to discuss knowledge based on inference through the lava case. S finds lava on the countryside and infers that there was an gonorrhea. But in actual fact, someone has placed lava there in order to discombobulate it look like there had been a real eruption, unaw are of the actual volcano. Goldman states that S doesnt really know that there was an eruption because it is not causally connected to any beliefs about there being an eruption. So, inferential knowledge requires a connection through some sort of causal chain or as Goldman attri plainlyes it when someone bases his belief of one proposition on his belief of a set of other propositions, then his belief of the latter propositions can be considered a cause of his belief of the f ormer proposition. (Goldman 362).Whilst Goldmans A Causal Theory of Knowing is a excite essay on the subject of knowledge, his argument or rather alleged(prenominal) solution to the Gettier problem in my opinion is ultimately flawed. One such criticism lies in the argument that our senses could so easily deceive us and therefore can a causal connection based on perception really be used to prove the acquirement of knowledge? The answer is surely no and this can be seen in the group B faade example, in which an component drives through a town fill with fake barns. Standing in front of one of these fake barns, the agent can say that he has justified true belief through perception. Even though there is a causal connection in this example, the agent does not really have knowledge. So false conclusions can be drawn from a process which, according to Goldman would ordinarily resurrect true beliefs highlighting the fact that Goldmans theory is flawed. So this does not bear a solution to the Gettier problem.Another problem with Goldmans theory lies in the fact that not everything in the world can have a causal connection. In particular, knowledge that is a priori such as 2 + 2 = 4 seems to be a fact about numbers except it doesnt have a causal effect. It is a truth that you know based on no causal connection just like some an(prenominal) series of numbers are. So it is possible to say that the problem with Goldmans theory here is that it focuses on a posteriori knowledge but seems to ignore a priori knowledge and thus is too restrictive. It can therefore not be a solution to the Gettier problem because it doesnt take all types of knowledge into account, which is spanking in epistemology. So again, the Gettier problem remains unresolved.The problem of untimely reconstructive memory is one that further weakens Goldmans theory. There are times when one may have a true belief but the causal chain which allowed them to have that knowledge is incorrect. For examp le, an agent disc everyplaces his best paladins body and believes that he is defunct due to the fact that he is missing body parts. The agent assumes that the friend died by decapitation but actually, he was poisoned and decapitated following his death. This doesnt count as knowledge due to the false nature of the causal chain. Kenneth coal miner in his 1973 essay Contra the Causal Theory of Knowing finds a counter-example to Goldmans theory which indicates no causal chain. Collier uses the example of an agent on a hallucinogenic drug which highlights the fact that any beliefs the subject has which turn out to be true, cannot be explained causally due to the hallucinogenic state that they are in. In the paper, Collier has given Smith the hallucinogenic drug and he hallucinates that his wife is having an affair. In actual fact, his wife is having an affair but can this count as knowledge? Surely this is just an example of incorrect reconstruction due to the hallucinations or an ex ample of no causal chain at all. Collier argues that the difficulty here seems to be that it is possible for Smiths belief that p to be caused by the fact that p in ways that are irrelevant to his knowledge. But this means that the causal connection cannot be a sufficient condition for knowledge. (Collier 351)Ultimately, Goldmans causal theory attempts to resolve the Gettier problem by adding an extra clause which states that true belief has to be a result of a causal chain. He uses examples of perception, memory and inference to highlight the ways in which causality can solve the Gettier problem. But his theory is flawed overall due to the unreliability of the senses, a lack of a focus on a priori knowledge and the problem of incorrect reconstruction. I chose to focus on Goldmans theory but it is just one example out of a large number of attempts to resolve the Gettier problem. Other proposed solutions include eliminating conditions such as luck, defeat and false evidence as put fo rth by philosophers like Unger, Lehrer and Lycan. These proposed solutions, like the causal connection theory are all flawed and thus do not support an adequate response to the Gettier problem. Therefore, I do not believe that the Gettier problem can be resolved due to my agreement that justified true belief does not necessarily imply knowledge.The beer sedulousness Literature and definitionsThe beer constancy Literature and definitionsBackground and objective of the topicThe beer effort has been close to for many centuries and has always impacted national economies. Countries, such as the United terra firma (UK) and the United States (US), have had a capricious relationship with the beer industry over the last few centuries. Indeed, these countries see the benefit for the economy, from tax gross increases to muse creation, but other regulatory and social costs challenge firms inside the industry. Furthermore indoors each brewery, their merchandising, advertising and leaf b ladeing strategies are the leash differences amongst the competitors. In oversaturated, competitory markets of the UK and the US, various breweries are able to maintain advantageousness even as beer consumption and national incomes are in the decline. Indeed, with social-economic trends zoftig against the industry, companies are still profitable, but those profits are fading. Through these declines, firms make radical business choices of mergers or acquisitions in order to dominate the brewery industry.The brewery industry with a $40 (24.4) cardinal market regard as is an important part of the UK economy, and with a $79 billion market value is an important part of the US economy. In the UK, the brewery industry provides 600,000 direct jobs and 500,000 indirect jobs which generates $45 (28) billion in economic activity and $133 (81.3) million in tax revenue for 2008. In the US, the industry provides 1.9 million jobs in which $62 billion was generated in wages and benefits and $ 41 billion in business, personal and consumption taxes for 2008. In the UK, the leading brewery market plowshare is Scottish Newcastle at 27.1%, Molson brewing beau monde at 19.7% and Anheuser-Busch InBev at 17.7%. While in the leading brewery market share in the US is Anheuser-Busch InBev at 50.8%, followed by SABMiller at 18.4% and Molson Coors brew community at 10.6%. selling, advertisement and branding strategies are key elements indoors the beer industry. The beer industry includes the brewers and breweries, distributors, and suppliers and retailers. As markets become more crowded, competitive and complex, the value of a bring in brand increases. A brand can identify one particular proposition or a family of items and is delimitate as a name, term, design, symbol that identifies one sellers good or services as distinct from other sellers. An announce brand is a brand that is owned by an organization and is a consumer product. Marketing is an organizational function and a set of processes for creating, communicating and delivering value to customers that benefit the organization. Advertising is the placement of messages in time or length in any of the mass media to persuade members of a particular targeted audience. (American Marketing Association, 2009)A magnateful brand gives a company a character of its own which transcends its components. These components can be seen in both the American create from raw material industry and the British brewing industry. A brand emphasizes emotion and awareness, but it also connects with consumers to create a strong loyalty base. Fads come and go, but name brands last generations. The brewery industry is very complex in both horizontal and vertical business activities.There are emerging literary productionss that specifically relate to the brewery industry where various theories involve the marketing, price and competition shot of the industry overall. Marketing beer involves the four Ps which is the prod uct, in this case the brand name. The price, which includes the total cost to manufacture, distribute and advertise the beer. The place is the dispersion of the beer from the store to the consumer with varies steps in between. And finally, the promotion of the beer is through various characteristics of a marketing plan where advertising is included.Research incertitudesThe main subject studied in this academic style dissertation is the effects of branding and marketing indoors the American and British brewery industry as well as the power to achieve profitability. The specific research questions are designedTo understand and comparing the brand drivers of the beer industry in the US and the UKTo evaluate the distribution bringTo better understand the governments roleTo find out how the leading firms within the UK and US industry are profitable within a competitive market dealing with the current economic downturnResearch Question 1 How does the US and UK brewing industry imple ment their branding indistinguishability?Research Question 2 How will social-economic trends affect the profitability of the US and UK brewing industry?These questions will provide an understanding of firm characteristics within the industry and their business practices as well as the relative success of the leading firms.Terms used within the industry are defined as follows from the Dictionary of Beer (2001)Ale a type of beer fermented with top-fermenting ale barmBar a barroomlic room within a pubBarrelage agreement a common method for a brewery to tie up a scanty pub in return for a cheap loanBeer the generic wine term for a non-distilled cloudburst beverageic drink produced by fermentation of a wort derived from mashed malted barley grainBeer orders UK government regulations concerning licensing laws and consumer choice in pubs vitriolic beer highly hopped ales with an aftertaste associated with hops, malt and yeastBottom fermentation fermentation at 10C where yeast cells s ink to the bottom of the vesselBrew pub a pub which brews beer on the premises and serves foodBrewery a place where beer or ale is brewedBrew house the area of a brewery where the beer is mashed and brewedBrewing process the process of making wort, boiling it with hops and fermenting it into beer barrel the general name for any of the barrel-shaped containers of various sizes used for traditional muster in beerDraught a general term for any drink that is mete out from a bulk container into smaller measures for saleFermentation biochemical reception when sugar is converted to ethyl alcohol by yeast and some bacteriaFree house a pub supposedly allay of any brewery tie and able to offer a range of beers from incompatible breweriesGuest beer a beer, not regularly sold in a pub, being on offer for a limited period lager beer beer fermented with bottom fermentation yeast where primary fermentation is at a lower temperature than for ale and secondary fermentation happens in closed co nditioning tanks around 0C.Light beer any American low-calories beer which does not contain dextrin and alcohol content ranges between 2.8 to 4%Microbrewery small-scale brewery operation where equipment has been specially essential for brew pubs and small independent breweries and produces a limited amount of beerMacrobrewery a large brewery produces larger amounts of beer at a cheaper priceOff-trade (or off-license) where places like a supermarket or convenience store are licensed to sell alcoholic beverages for consumption off of the premisesOn-trade (or on-license) an establishment where alcohol must be consumed at the point of sale such as the pub or barPremium lager a lager brewed above 5% alcohol strengthPorter a disastrous, slightly sweetish but hoppy ale made with roasted barleyPub a house absolved to the public at stated times for the purpose of social imbibitionStandard lager a lager brewed under 5% alcohol strengthStout a very dark, heavy, well-hopped bitter ale with a dry out palate, thick creamy stage, and good grainy taste from a dark roasted barleyThree tier distribution (NBWA) the US distribution system for the beer industry where brewers make the beer, wholesalers distribute it to supermarkets and bars, and retailers sell it, but no one within the line is allowed to do one of the other two at the same timeTied house a pub which is obliged to sell only the products of a particular breweryTop-fermentation fermentation where the yeast rises to the top of the vessel in a thick foamy headWort the sweet liquid, containing all the extracts from the malted grain, which subsequently will be fermented into beer modellingThe framework for the dissertation is as follows with this chapter presenting the overview for the present study. In the next chapter the methodological analysis is described in greater detail. In Chapter Three, a review of the literature relating to industry concentration, advertising, competition and demand is presented. Chapter Four will consist of semiempirical materials of primary and secondary data on the leading macrobreweries within the US and the UK as well as results of semi-structured interviews comprised of people working within the industry. Chapter volt conveys the analysis and findings developed throughout the research. The final chapter presents the conclusions and recommendations for further areas of research.

The Convergence Of Television Networking Media Essay

The intersection Of tv set lucreing Media EssayThe colossal-indicated crossing of post TV and cyberspace is r separatelying a tipping point. Viewing TV school text editionual matter via internet has changed PC savvy TV lulus expectation dramatically. The rise in synchronized use of internet and TV has resulted in a ridiculous onward hide and on screen proportionship of users with TV gist (Grady, 2010). Gradys view of television receiver describes onscreen scrap of interview with online TV meat and moody screen fundamental fundamental int datection amidst peers and friends that Jenkins (2006) terms as peeing cooler conversations. The onscreen and off screen have a go at it together brings the sociability factor among lookers that supports the water cooler conversation. TV cultivates sociability in umteen ship focal point (Lull 1990) for instance, TV plays a vital role in constructing and maintaining intersomebodyal relationship amongst family and course u nits. Likewise, when TV field of study is viewed on websites and former(a)(a) neting sites, it sparks sociability amongst users that influence users to pit in numerous shipway. For instance, Spoiler fandom of TV bear witnesss Survivors was mavin of the forms of users that used sociability to spoil the see. Although, fandom is not the only form utilisationd on interlocking sites, yet galore(postnominal) much that influences users to build a community around a peculiar(prenominal) TV meansed.Online TV case cultivates sociability in meshed communities and gives a computer program to practice Mc Luhans (1874) living mode experience. But online sociability has charted changes in handed-down pattern of TV and auditory modality. As Fiske (1987 63-4) states revaluation of viewer requires a revaluation of text. Hence such(prenominal) a carrefour of necessity to be analyse in context to dramatic changes in TV pains such as changes in mathematical product, dissem ination and content management. This portion of my lit geological dateture review highlights dramatic changes in TV and TV gate in a post mesh topology era. The section also makes a worldwide assureing about TV grow and TV (content) ply. A separate section discusses pro smellration of TV text across tender earningsing sites and cordial use of engineering with relevancy to online viewing.1.3.1 Television ConceptsFiske (19871) defines TV, a be atomic number 18r/ brand of meanings and pleasures, and of culture as the generations and circulation of variety of meanings and pleasures within the society. TV as culture is deeply interwoven in our society that it persistently set ups and reproduces meanings and pleasures and their distri onlyion influences consultation to behave in a desired way. Meanings atomic number 18 taken polarly by audience and are part of incline of TV that are experience by viewers ( Fiske 1987,15). Audiences are makers of meaning consume TV te xt as readers that are capable of producing meanings and pleasure with respect to socio- heathenish frameworks ( Fiske 1987,17). Therefore, to say audience, TV of necessity to be understood as culture and a flow that extends meanings and pleasures to meaning makers in genial structures.TV as refinementCulture is complex and difficult to understand, it signifies specialize of values acquired by set of cordial groups that results in patterned behavior. Theorist homogeneous Richard Hoggart (1957), Raymond William (1958) and EP Thompson (1968) has contri preciselyed much to the concept of culture. Hall Jefferson (1976, hall.et.al) states, culture is multi-faceted and plural that contains element from past and layers within it. A culture is a culmination of past and map that shapes actual desires and insights in a society. Culture is versatile, versatile and contains favourite forms of dominant culture in a society (Matthew, 1869).As Turner, explains culture is part of our li ves that are so powerful and unquestioned that it al more or less goes invisible and unnoticed (Turner, 1990). Similarly TV and its text has sour integral part of our culture that induces viewers to become readers. Television, its content and the industry forms signifi kindlet aspects of our culture that affects friendly structures in many a(prenominal) ways. TV has become one of the primary forms of culture in or so industrialized society (Kompare, 2002).TV as flowWilliams (1958) determines flow a technology and a cultural form. Flow in context to TV, refers to the parkway from one program to some other or from one segment to the other. Network gestates (producers) hold audience via flow of TV text from one interesting segment to another interesting segment making flow unbroken. Kompare (2002) explains flow, a hand outing property that constitutes the overall experience of broadcasting on the minds of audience. Network channels use flow as a system to overcome gaps creat ed by commercials and public pass to grab the attention of audience to fill up those gaps and breaks by moving to another program or a segment of a program making viewing experience as motilityless endless experience. Gaps are the visible characteristics that define idiot box set experience. Williams (1958) believed gaps are not mere gaps but are planned breaks that happens because of action between video and audience, he termed it as planned flow. Flow relates to the assignment based telecasting set that involves audience to experience, TV as an endless level flow that intensify their continuity. Continuity engages and sustains audience that results in economic exchange, agreeable of necessity of earnings channels (advertisers) and audience. Engagement with TV results in cultural capital where as financial front releases economic capital that is infallible for TV to function as culture good andeconomic good. Flow is an innate concept for the growth and survival of TV as culture in a accessible structure.John Ellis, John Fiske, Jane Feuer, Richard Dinest, John corner and many others have challenged the operations that Williams described in the process of contributing to the governing body of discursive field of flow (Urichho, 2004). coign (2003) argues flow is a hopeless discourse of TV culture that disregards television characteristics as a diverse mass intermediate. Ellis (1982) discusses the scheduling of different genres of programs that are unionized in a TV network should be focus of tuition. His argument focuses on schedule ( age) other than programs (flow) as determined by Williams and emphasizes how a different genre of programs gets insure into scheduling of television by organization of time is more germane(predicate) than movement from program to program. His way of determining flow underlines the concept of audience that engage themselves in different ways, provided what has been offered to them. This signifies not only how ti me handles text but how time passage in the text has imbrications on the life who viewed a particular content. Thus, time is an important factor in the study of TV flow.Flow to be understood in present TV culture, it needs to be studied in relation to veritable approach in technologies and bracing digital systems that has converged different intermediates at a angiotensin converting enzyme platforms. With introduction of converging technologies, so called mass communication mediums , including TV does not always flow ( Kompare 2002). TV has come long way from traditional form of viewing TV text that was time based and continuous. younker media offers content as flexible package than continuous narrative wiping away factors such as when, where and how that has charted changes in the identity of television as culture.Urichho (2004) sketches flow, a fundamental shift in the embrasure between television and viewer and so in the viewing experience. He describes flow as an inter face and explains how the introduction of metadata system and filter technologies has resulted into a overbold kind of interaction that suggests TV has entered to a new phase. New devices have provided tools to capture television text and produce ways of asynchronous viewing that has altered the interaction of medium with the culture in many ways (Lotz 200735). New mechanics to view wide-ranging TV text has charted changes in the concept of flow making it flexible and plastic. The current phase shows us deepening lap of technologies at single platform and TVs shift from broadcasting to other modes of pusher like VOD, cable, satellite has given an opportunity to distribute content to wider platforms that reaches beyond the audience of broadcast TV. Recent BARB figures of 2009 indicated that most of the sight in UK, recorded the first episode of fifth series of Lost (Guardian, 2009). The distribution of TV text to various alternative carriers has abnormal TV, its identity and TV as a cultural form. TV as culture is alter by recurring changes in its components such as TV text, changing pextensions of audience, advancement in technologies and network channels stance to produce pertinent content in accordance with socio-cultural frameworks. For instance, a popular broadcasting network like BBC or CBS when started uploading programs on their websites, audience handling rise from dinning room to virtual(prenominal) communities, effecting culture in a different way.As discussed, Television is still evolving its identity is unstable (not fixed). Its difficult to define what television is and what it willing be in near future and what changes it will pose to the culture. Urichho (2004) discusses the difficulties approach TV as he cites Heath (1998 Urichho 2004,165) who states increasing inadequacy of existing terms and standards of analysis leaps TV with a specific bound of representation, a certain coherence of object and understanding TV in a complex com panionable-political- item-by-item meaning. TV as flow has been transformed by quotidian technologies, economy and by network channels posing specific bearing on culture.To conclude, flow is an essential concept for the growth of television as a culture in a society. Although, many scholars has interpreted flow in different ways, but the concept of flow carcass vital to the critical understanding of the medium..1.3.2 The changing televisionThe convergence of broadcast regulate and broadband has defeated traditional appointment based television and has produced a new avatar of the medium. The series of transformation in the medium has changed television over the time, changes in terms of distribution of TV content across different media platforms due to scientific convergence and changes in TV content to gratify cheer needs of varied niche hearty sets of audience. The broadcasting model in no terms whoremonger be stated as single technological medium, thereby affecting social and cultural practices that have grown around the medium over the time (Askwith 2003). Mc Luhans( 1978) living room experience refers to the culmination of social experiences among family members (audience) enduring an evening. When TV became a product of convergence culture, TV audience sight new ways to engage with TV content via internet, mobile phones and I phones. Personal computers when added to techno mix convergence TV audience got a platform to expand their social experiences across variety of channels and engaged themselves with TV content as never before. Loyal viewers used these platforms to ponder about and discuss varied things about TV content such as characters, plots, locations etc resulting in a never ending corporal science (Jenkins 2000) that engage users in different ways across different social platforms.The distribution of TV text to different channels (mediums) and platforms has designed content as malleable packages in accordance to varied media outlets . Jenkins (2000 95) describes such a phenomenon as transmedia storytelling, as he explains TV content in the present era is more of a story telling experience involving viewers in different ways. He discusses about popular media franchises such as the matrix, Harry potter, Star Wars and states that such media content are entertainment for convergence age that integrates multiple texts to form a single narrative where each text lays its own individuality and originality. In other words, a transmedia content when unfolds to different media outlet, each text (medium) should be able to contribute solo to respective media franchise, for instance in Matrix a film offers a more immediate rapport with audience where as matrix plunk for would involve players in much different way as experienced in film. Thus it reveals that each medium has got different characteristics and engage audience in different ways. Distribution of TV text across different channels gives rise to new experiences and new ways of engagement with the medium. non only changes in modes of distribution have contributed much to the changed broadcast model of TV, but also its content has transformed over the years. Mapplebleck (1998) describes a general shift from general formats of TV shows such as current affairs, perfunctory show to a more factually based light entertainment programs. This shift was a direct result of changes in culture -media and popular culture, and the space shared by media and social publics. Although, network channels produce TV text in accordance with the entertainment needs of the audience, but experiments on new ideas and concepts play a vital role in gratifying entertainment needs of existent audience and grabbing new audience.The biggest deduction of convergence has been the distribution of national identity content to orbiculate media markets thereby removing the boundaries of exclusivity and availing content on multiple channels has resulted in cross-cultural interac tion ( Jenkins 2000). Indian ne plus ultra much on the lines of American Idol (reality show on Sony TV India) has become a hybrid format in many countries, with a tint of socio-cultural frameworks practiced at each place. such(prenominal) experiments with the broadcast model have lifted audience from the monotonous everyday routine soap operas to range of interesting formats that are completely new to them. This phenomena has been described as a shift towards first person media (Dovey 2000) and a post documentary culture (Corner 2000). With changes in content, there have been study changes in the production techniques to engage audience at different levels of pre production, production and post production. New production practices with TV literate fans have fostered changes in the way fiction series construct story world (Scones 200867). past various textual strategies are active for a direct interaction between producers and audience to build rapport with audience.Network chan nels follow up strategies like distribution of content to various platforms, content management and changes in production techniques to engage audience in different ways at different levels, for instance, CBS has become the most viewable network by telly some formulaic crime and drama series like survivors and early days of CSI (Lotz 2007215). Jenkins (200025) adds Survivor is a TV for internet age-designed to be discussed dissected, countd, predicted and critiqued. Survivors (reality show on CBS) brings a new lively format where contestants competes in aspect the show and show lovers (audience/fandom) competes outside as spoilers to leak the information inner(a) out. The transformation in TV content has affected audience activities and engagement with the medium in numerous ways, moving to a lean forward approach other than sit back approach as practiced by passive audience (Urichho 2004).Fiske (198773) confronts the concept of TV audience as passive consumers and states telev ision audience superpower be incapable of influencing the content of TV programs, but the involvement with medium requires significant forms of audience engagement, such as individual viewer interpret TV text in accordance with socio-cultural frameworks to construct meanings to the text, social viewers (set of social group ex family, friends) that discuss TV text with friends and peers to find shared meanings and insights of cultural significance. Corner (1999) explains the pleasure of para-sociability, the enjoyment and excitement we derive from discussing TV content, Jenkins (2000) terms those discussion as water cooler conversation, a natural desire to discuss, utter and exchange ideas.However, varied content appears on living room screen and all must not be pertinent to an individual or a set of social group. Content must do more than to appear on TV to distinguish itself for amend cultural relevance. ( Lotz, 200735). She suggests phenomenal TV that lays on the foundation of selected themes and topics that appears on multiple or varied outlet. Programs that achieve special conversation and break the cluttered media are relevant they gain attention by word of mouth and resonates culture in many ways.As discussed in this section TV has come long way from traditional broadcast model and activities such as distribution, malleable content and changes in production techniques has changed the medium and has produced a new avatar. Transmedia storytelling has distributed content at different platforms with varying technology (specific medium with specific technology ex matrix film different technology book different technology) and national identity content to be transformed and alter in accordance with socio-cultural framework (American Idol in US Indian Idol in India).1.3.3 TV in the post network eraL.A. Times cites post network era as age of straightaway food TV.(Times, 2005).As Amanda describes, Television as a medium to be organized around networks(Ama nda D lotz,20075)Lynn spigel cites a more comprehensive phase of TV in the post network era, ( Spigel, Lynn and Olsson,20042) indeed, if TV refers to the technologies, industrial information, government policies and practices of face that were associated with the medium in its classical public service and three network age, it appears we are now entering the phase that comes after TV. Lynn Spigel notes TV to be reinventing in numerous ways, new platforms, channels multiplicity of visual text at alternative medium has given many ways to think, what TV will be? The way we are experiencing TV needs to be addressed and how we will perceive TV in future needs to be defined. The social aspects clubs with the cultural, economic and institutional aspect to define the broadcast model which vary from place to place.TV cultivates sociability in many ways, Lull (J.Lull1990) described TV as a vital crowd in constructing and maintaining inter ain relationship between family and social units in teracting normatively. Antonio(2008) adds audience decodes message on the basis of their identity and background, he adds Media are hegemonic institutions that work to good social consensus by incorporating dissent and conflict(Antonio Gramsci,2008) Lull and Antonios argument can be seen with reference to the potential social and cultural environment within the medium context, that facilitate sociability among the viewers in the post network era. proficient innovations and society as a whole have been affecting the ways and means viewers experience TV and entertainment in general. As Amanda D lotz cites websters (Amanda D lotz,200715) who argues programming multiplicity resulting in audience atomisation and polarization as new media make content available at different mediums. Cable networks creates audience loyalty by associating themselves with a kind of genre combining with old genres to niche demographics of TV(Turner, 20014-6). Necessary modification and version in digital transition technologies has shifted TV in to a new horizon.Henry Jenkins (Henry Jenkins 2000, Amanda D lotz 20077) calls it a post network era where convergence is intersecting the broadcast model and revolutionizing the society. But I argue TV is certainly not loosing its grab, but the ways and means which are employed by the viewer as in how and where to view has convoluted, how we think and understand TV. I would rather call it a hybrid medium, whose offerings are suitable unique and platforms to showcase those offerings are versatile.Though many contemporary TV scholars tried to figure out TV in the post network era, many relates it to a cultural experience others technology. William Urichhio, maps broad changes in TV technology from old TV console to smart TVsystem. (Urichhio,2008163) . Michael Curtin relates TV on more cultural grounds and argues that TV needs to be studied cross culturally to understand how TV has evolved in different cultural, economical, and industrial and regulatory conditions.( Michael Curtin,2008272-275).The entire culture to view TV has been transformed. During the network era (before post network), sources were scarce and no alternative ways were available to make TV content other than the network channels. With the emergence of the post network era, the restricted access reduced and more options got available to choose from. good innovations ranging from recording programs on DVD to downloading videos has brought up a change, with new ways of distribution. Networks delivered content irrespective of what, when and where at a minimal cost resulted a revolutionized way to view content. Lynn Spigel notes changes in programming and sponsorship are met with similar changes in the entire culture of reflexion TV.(lynn Spigel,20085).Jenkins transmedia storytelling, explains TV content is so designed that appear on various media outlet subjects for a flexible ingestion (Henry Jenkins,200025). Convergence among TV, phones , social pla tforms offered at internet, presents a limitless expansion of television presence by enabling reception of TV content near anywhere. (Amanda D lotz,200750). Social platforms such as daily motion and you subway system has redefined the role of networks by harnessing online video content. You Tube, when launched streamed about 35 millions video a day and drew the double size of audience (Los angles times.com2006). As Amnda T Lotz cites Adam Berry, VP of bright cove, who explains online videos as treasures, its not only meant to watch your deary shows, but to watch whole bunch of stuff which you havent seen. (Amanda D lotz,2007137). Convergence culture(2000) proposed by Henry Jenkins offers distribution of national identity content for globose distribution limiting the boundaries of exclusivity resulting in availability of visual text on multiple platforms and resultant trans media culture.TV in the post network era has offered flexibility in what, when and where to view and has op ened up a big arena to the audience, to practice TV viewing in different ways. TV text fuels a dominant way of thinking among its viewers it communicates social beliefs and value of the society. I argue TV reincarnates with every technology, with every effort of Network/TV channel content to present diverse text across globe making it available at different medium and viewers to make sense of visual text within the context of social, economic and cultural condition. The three elements which I described above technology, Producers and viewers, moves in a cycle and has set the conditions for POST NETWORK era.1.3.4Network/TV channel content on social networkSocial element might not be new to TV as J. Lull says, TV cultivates sociability in many ways (J.Lull1990). But the concept of watching network/TV channel content online on social platforms has added a new social paradigm to television studies. Experiencing TV text with other functional tools embedded in social software like give tongue to chat, peer ratings and integration with social media (networking sites) has engaged viewers in a unique innovative way.In past, many ethnographic researches have shown that raft enjoy watching television as a part of socialization in groups. According to an ethnographic research conducted by Lora Oehlberg, Nicolas Ducheneaut, James D. Thornton, Robert J. Moore, Eric Nickell (2006), TV can foster multiple forms of sociability. To analyze the patterns of interaction of TV text, they categorised TV sociability as direct (e.g. when chatting with friends and family epoch watching network channel content) or indirect (e.g. when discussing previously viewed programs). Mc luhans (1874) global hamlet conveys the sense of synchronicity created by the electronic medium(TV radio) and the living room,he depicts an event where Television is ON, so as the sharing and continuous intricacy of members of living room, who discuss, debate and experience TV text in many ways. Mc Luhans (1874) global village highlights two factors that has formed the basis for communication in the current age sociability in groups and simultaneity between the group and the medium. The idea of sociability and simultaneity in the internet age is same, what has changed is the positioning of participants and members, which has introduced complexities in the current communication process. Castells(2000) visionary idea of culture of real virtuality, explains this phenomenon better in which he explains we are not living in a global village, but in customized cottages globally produced and locally distributed. (Castells 2000 370).Kitchen(1998) cites that one of the major(ip) outcome of internet is the interactivity of online relations based on reception of TV text. (Kitchen,199815). Henry Jenkins(2006) explains in convergence culture television provides fodder for so called water cooler conversations and online fabrications offer an opportunity for participants to share knowledge and sty le (as originalHenry Jenkins, 200621). TV content leverage and integrate the experience of social networking, the combination of duo has resulted into a new type of interactive, participative and user-directed environment. Jenkins cites young people, forming communities using popular (social) media to expand their collective wisdom and from many types of publics (groups) to interact in an innovative unpredictable ways. For instance, in his very first chapter he takes us to the secret world of spoiling survivors, where he outlines the impact of reception of TV show survivors. He analyzes survivors fandom interaction with spoilers of the show calling it collective intelligence in practice.(Henry Jenkins, 200628).As he cites Pierre Levy who argues that one person might not know everything, everyone knows something that can bring some relevance to the discussion and jumper cables to participation. (Henry Jenkins, 200626). In another case study, Jenkins(2006) discuss American Idol (a r eality TV show made for audience participation). He cites participation in such communities not only leads to brand affiliation but empowers a control to assert their demands, which influences the show to move forward.( Henry jenkins200680). American Idol popularity shows us the diversified context adopted by the network/TV channel producers to shape the programming and distribution to suit the usage patterns of consumers. This reminds me of Derek Compare(2002) who says media content comes as malleable packages other than a seamless continuous narratives. The kind of changes introduced in programming gives a platform for interactivity and participation. Analyzing interactivity and participation jenkins writes, Interactivity refers to the ways that new technologies have been designed to be more responsive to consumer feedbackParticipation, on the other hand, is shaped by the cultural and social protocols (Henry Jenkins, 2006137). So, the creators (content producers) decide interacti vity, and users (content consumers) whitethorn interact with what is given where as participation allows users to become creators and consumers of the content. In this way both network operators and non network players create and capture value while dramatically changing how consumers interact about TV text on social platforms.With the rise of social platforms and new technological innovation, TV is changing. How we are experiencing TV is also transforming with introduction of online virtual communities (social publics) accessed by personal devices like mobile phone, I phones etc. Social publics form communities that extend beyond friends and peers, neighborhood, cities, countries, and across the continents. As Natalie Klym and Marie Jose Montpetit(20082) cites Robet putman(2000), who explains the phenomenon of social as a function of overwhelming and engaging in amusing activities in public spaces experiencing TV as Mc Luhans(1874) living room experience. Personalization of media d evice leads to granulation of media space where publics practice Mc Luhans(1874) living room experience on castells(2000) social sound structure of networks.Putmans(2000) idea of social engagement contributes well to the TV experience on social networks and explains how individualization of technology enables contacts on social media.Emerging social platforms like joost , Hulu and many other embeds functional features like blogs, discussion forum , chat session and program rating to make online videos more important and interactive. Facebook, orkut and Myspace has recently added video applications to adjust and adapt with more user generated environment.As Natalie Klym and Marie Jose Montpetit(20087) adds social network becomes a virtual operator performing a customized and personalized programming habits based on what a user or a community may like. For example, you tube automatically share an individual ratings, favorites, and more on Face book, Twitter, and Google Reader with Y ouTube Autoshare. (You tube). You Tube, a user generated social platform has grown accustomed to watch video on personal devices. Personal devices are paired and networked and results in a global virtual community, where every individual is interacting with every other.In this sense, personal devices (PC, laptop, I phone) etc and its personalization can be viewed as the foundation of new way to access TV content.Though still at early stage, but this new marches of TV is evolving at a very faster pace and needs to be researched more.1.3.5 Technology and social frameworkTechnology has transformed the way, TV is today. Not only the structure, but TV as a medium, culture, industry has lot been changed since its inception. Though, TV has a long standing history with reference to technology but my area of study concentrates on contemporary social technological innovations and models appropriate for understanding Tv text in relation to social media.Technology in simple terms is by the peo ple and for the people. As, Liela Green (20023) suggests that society is responsible for the development and deployment of particular technologies. Social determinism counters the tactual sensation of technology determinism and states society develops technology for the benefit and progress of human kind. I agree to Liela greens view and present an account Mc luhans technological determinism surmisal to mark the flaws that disturbs the ways in which society and technology interact.The petition and problems can be viewed in light of a technological determinism theory by Mcluhan(Mc,luhans,1964) where he attempted to explore how culture is affected by means of various types of media? McLuhan believed that advances in technology of a medium will lead to change in a culture (Mc luhan,1964). From this, McLuhan states that a culture is affected by a kind of medium are being employed, that can be TV, radio, newspapers and magazines. Each medium defines, it own kind of standards like, in severalise to get information one can turn on TV, which is the most dominant form and can easily be absorbed by ear and eyes where as obtaining news over the Internet on the other hand can make the process complicated for those who are not computer literate.And in that case, if a person cannot translate experiences into the informed then those experiences will be repressed and the message will be lost. Such was the case with, Alltop, which launched its Personalized Feed Reader. Alltop is an online magazine rack that

Issue of Certainty in a Contract

Issue of Certainty in a stirtractThe slicks provide m all a(prenominal) examples of judicial awargonness of the danger that too strict an applications programme of the extremity of conclusion could offspring in the striking down of commensuratenesss intended by employmentmen to buzz off rear force Treitel.Critically evaluate this debate in light of case integrity and ascertain in your firmness whether the extent to which the parties get to acted on an pact work issues the judges.IntroductionIn flavor to critically evaluate the above statement in follow of the case constabulary that has been decided in this bea, so as to in addition be able to argue the extent to which parties feed acted on a communication channel agreement serves to influence any judge, this essay entrust first confront to film the importance of acceptedty in agreements by recognising the signifi back endce where thither is a lack thitherof. Then, this essay will in addition explore to glow upon how a baffle is generally formed and as to how the issue of proof relates limitedally to a weightlifts formation in this entail for when it is express to come into being. Following on from this, this essay will look to de shapeine the issues that a act will look to consider in evaluating as to whether a peculiar(prenominal) agreement before them is sufficiently certain to be considered a legally binding agreement, whilst as well as looking to consider the extent to which the parties have acted on an agreement serves to influence the judges in coming to their decisions in relation to these matters, before finally looking to end with a entirenessmary of the refer level offs that have been derived from an understanding of this discourse.The significance of proofOn this tail, to begin with it essential be evaluated that the issue of evidence in any business agreement is generally considered to be prevalent to the formation of a dinner dress shoot b ecause it has been a long-held maxim of the law that that which is certain is that which can be do so leading to a binding take in being formed that is enforceable by the romances1. Consequently, a lack of certainty increases the costs of disputes because the ability to avoid, manage and/or rent apart any dispute early, and on a reasonable commercial rear, is clearly negated where thither is a lack of accurate documentation, whilst the lack of certainty also serves to create risks for those involved where there is a lack of a officially recognise agreement in place.Therefore, by elbow room of illustration, it was appreciate in Montreal Gas Company v. Vasey2 that where the company in irresolution made a peg down with the a nonher(prenominal) party to this case with the promise that, if it was satisfied with them as a customer, the company would thence look favourably on an application for renewal of their rationalize with them, this was not considered sufficiently cer tain to create a legal obligation because of the indefinite or unsettled nature of such(prenominal)(prenominal) a term. Nevertheless, it is also important to appreciate a traffic that whitethorn otherwise be considered to have left almost essential term of their agreement undetermined may provide some method of objectiveion other than what is considered to be a future agreement.The formation of a contract Where do the tryingys lie?Ostensibly, it is commonly tacit that a contract is in deed formed where there is an toss, rumination and acceptance that is sufficiently certain so that it is then for the courts to determine whether the postulate elements ar present in any business arrangement3. This is because the offer refers to a proposal that is expressed orally or in writing from one party (the offeror) to another (the offeree) to do or empower something for remuneration with a view to forming an agreement that is normally legally binding on the basis of the conduc t the parties. such(prenominal) a view arises from the incident it was accepted in Adams v. Lindsell4 the rules in relation to the credit of a valid offer states that consequently will be so where it is (a) made to definite person, class, or the world (b) it is proceedingively communicated and (c) it reaches the offeree. Then, with regards to the element of consideration required, this consists of a right, interest, profit or benefit accruing to one party, or some forbearance, detriment, loss, or obligation given, suffered or undertaken by the other, in keeping with the decision in Currie v. Misa5, that must be legal, not past, and move from the promi fool to the promisor6.However, the problem with certainty in business agreements arguably arises most commonly in relation to the issue of acceptance of an offer to formalise the agreement amid the parties in the appointive manner. This is because it was recognised in Hyde v. Wrench7 that the offeree must accept the offer made by the offeror unequivocally with appear qualification in wrangle or through conduct in conformation with the indicated or prescribed basis of the offer. But then, in the decision in Chillingworth v. Esche8, it was effectively understood that it is possible to have an acceptance of impairment that are subject to contract where the parties will only be bound by a formal contract. more(prenominal)over, where the wrong of an offer are not accepted by the offeree without alteration, then it could be argued that negotiations will continue because anything that the offeree then proposes may be considered to be a counter-offer so that the positions of the various(prenominal) parties change (i.e. offeror becomes offeree and vice versa). Therefore, this effectively means that there is only likely to be an agreement on terms that are substantially different from those pilotly put forth by the parties in such circumstances9.Buying and sellingMore specifically, where there is an unequi vocal desire to buy and sell, only if a lack of certainty as to terms of the agreement, the courts will look to consider the nature of the transaction for themselves that may be determined by the standard of reasonableness (i.e. what is considered reasonable) in the specific circumstances of the case. such(prenominal) a view is effectively illustrated by the examples of the decisions in Brown v. Gould10, where what was considered the market look on of the high-priceds was determined by the courts, and Didymi stack v. Atlantic Lines navigation Company Ltd11, where the idea that an agreement regarding a obtain was to be equitably decreased was also determined by the courts. But, in the case of price of goods and serve in such cases, this has largely been governed by section 8 of the Sale of Goods execute 197912 which effectively means that the courts are able to allow actions for the recovery of reasonable sums of the value of the goods or services in read/write head13 s o long as the contract itself is silent as to the issue of price14. Therefore, by way of illustration, in May Butcher v. The King15 when the supplicants hold to purchase all of the Crowns old tentage for a price agree upon as the quantities of the said old tentage become available and are offered to the purchasers it was held there was no concluded contract because the price would be agreed concomitantly for the transference of the goods in question.The influence of parties to an agreement upon the courtsHowever, more generally, the forge of any court is to put a fair construction on what the parties have said and make because Lord Wright in Hillas Co v. Arcos Ltd16 said Business men often record the most important agreements in crude and summary fashion, that are far from complete or precise to those unfamiliar so that it is arguable that the parties to such agreements may be considered to have some influence over the approach that the courts may take in such cases. On this basis, this means that it is the duty of the court to translate such documents fairly and broadly17 because the courts motif to be satisfied that parties to an agreement have concluded a contract, whilst also hitherto considering what has been said and done in its background, the relative importance of the unsettled matter and whether the parties have provided machinery at heart the terms of their agreement for settling any dispute.By way of farther illustration, in the decision in Hillas Co v. Arcos Ltd18 the court decided that the terms of the contract in this case were ground on preliminary minutes (the original contract) between the parties and the custom of the timber trade because it was determined that in view of their previous agreements there was still sufficient lookion to be bound in the future. Therefore, with this in mind, in view of the influence of the parties in acting on the same basis as under their previous transaction, clearly, in such circumstances it will be extremely difficult for the courts to say that a contract is void for vagueness or uncertainty, where it has been each or wholly or partially fulfiled, since this serves to make it easier to imply a term into an agreement to resolve such problems19.However, as well as the influence acceded to the parties to agreements by the courts, it is also important to appreciate that a court will not commonly allow a contract to cuckold for uncertainty more generally if the contract also provides the means to acquire the take of certainty required for the particular contract. For example, in cases including Foley v. Classique Coaches Ltd20, it was recognised that if the contract in question provides parties are to agree a price or quantities for delivery, but also contains an arbitration clause in this regard, the courts will imply a reasonable price will be paid where there is otherwise default on the part of the parties to the agreement determined by arbitration so that parties to the agreement still retain a level of influence still where they are in dispute.Moreover, matters in this regard may actually only be unless confused by the concomitant that parties in business often act on their informal agreements even their version of events pending the formalising of their agreement into a contract21. Then, where a contract is formalised, the courts may allow this contract to take on a retrospective effect to cover the work done during the period when the parties were working on the basis of an informal agreement22. But where there is no formalisation of an agreement between parties, work that is done, or goods that are delivered, under a letter of end may lead to a restitutionary obligation to pay a reasionable sum by way of remuneration for this23 so that the parties actions continue to have an effect on any decision that is reached.The problem with documentationIn acrimony of the influence of the parties themselves on the decisions reached by the cou rts, however, in looking to consider how the courts exact with the issue of certainty (or lack thereof) in business contracts, it is important to appreciate that matters are also complicated somewhat by the use of other documents in the build up to the recognition of a formal agreement. much(prenominal) a view is effectively illustrated by the use of letter of intent in the construction industry with a view to formalising a contract at a later date. This is because whilst, in the past, in decisions including British mark fraternity v. Cleveland Engineering Co24, such a document may have been considered akin to a conditional contract by the courts since it is effectively looked upon as a sign that one party is likely to indispensableness to contract with another, in Regalian Properties Plc v. capital of the United Kingdom Dockland Development Corporation25 there was an un boffo action for reimbursement of expenses incurred by a property developer regarding preparatory work regar ding a contract that also never materialised in spite of the presence of a letter of intent since it is a matter of interpretation.Consequently, it is important to appreciate that the courts have become addicted to taking a differing view from case to casxe because they do not consider cases decided in this area to be analogous in the circumstances. Such a view is reflected in the fact that whilst one party, in British leaf blade Corporation v. Cleveland straddle Engineering Co26, requested the other to perform services and supply goods needed under the expected contract, the costs Regalian Properties Plc v. London Dockland Development Corporation27 sought reimbursements for what it did in an effort to put itself in a position to obtain and then perform the contract that was unsuccessful. This is largely because the court in such cases may be unwilling to imply a contract on the basis of a letter of intent because the wrangle used is often uncertain and, in view of previous nego tiations, it may also be argued that all that is assumed is a moral responsibility and not something that is contractual but, again, that is something for the courts to determine on the facts as they arise as a matter of interpretation28.Nevertheless, matters in this regard are also not helped in relation to the recognition of certainty in business agreements where the contract between the parties is considered incomplete because of a failure to cover all of the minded(p) points that are considered material by the parties so that one party asserts that a contract has been formalised and the other claims that it has not. Therefore, it is important to appreciate that in such cases the courts will need to consider whether an agreement is reached by the parties to a contract at a particular time, or as to whether there are other terms of the intended contract without the settlement of which the parties to the agreement have no hope of formalising a contract29.But where documentation p roduced in symmetricalness between the parties in dispute poses the parties have definitely come to terms despite having some material points left open a subsequent revival of negotiations will not affect the contract that is believed to have been made in the eyes of the court without the consent of the parties to the agreement that has been made so that they retain some influence over the courts that look to resolve their disputes30. More specifically, Justice Parker recognised in the decision in Von Hatzfeldt-Wildenburg v. Alexander31 that if documents or letters relied on as constituting a contract contemplate the execution of a further contract it is a question of construction whether the execution of the further contract is a condition or term of the bargain or whether it is a mere expression of the desire of the parties as to the manner in which the transaction already agreed to will in fact go through32. Consequently, it is matter upon which the courts could arguably go either way on in looking to interpret because it is really something to be decided upon on the facts of each individual case.NegotiationsHowever, even where negotiations are successful, it was recognised in practice, as long ago as the decision in Kennedy v. Lee33 that it may put forward difficult to say with certainty when an agreement has been reached. This is because of the fact that it was recognised in this case that negotiations can often be long and complex with significant variations derived from offers and counter offers that may serve to detract or embellish the original basis of attempted agreement between the parties. Nevertheless, in the dcecision in Davies v. Sweet34 it was understood that in spite of a prolonged period of negotiations courts may still find a concluded bargain by the conduct of the parties thus betingly bypassing the need for certainty so that any continuance of the negotiations will not necessarily serve to terminate an agreement between the parti es. Such a need largely arises from the fact it is important to look to give effect to the reasonable expectations of business people that is an important object of the law of contract to facilitate in relation to their ongoing relations35.But, in the stage setting of negotiations, a lock out has also come to be considered to be unenforceable where it does not specify a time limit for its era because it would indirectly impose a duty to negotiate in good faith which could not be considered a contract36 although such an agreement may be considered thuse if it is for a fixed period37 regardless of this it has been argued that certainty should have been resolveable in the interests of the parties through the recognition of the standard of reasonableness alluded to earlier in this discussion. Moreover, the courts have also felt at liberty to strike out indefinite, but subsidiary, provisions as being insignificant so as to be able to give effect to the rest of the agreement38. Furthe rmore, with regards to an agreement to negotiate, the House of Lords recognised in Walford v. Miles39 that such an agreement was effectively an agreement to agree so it was considered unenforceable because it lacks the unavoidable certainty40. Such a view has arisen because negotiations are, by their very nature, adversarial and allowed them to pursue their own interests, so long as they do not make misrepresentations, and withdraw where they see fit41, whilst damages were also out of the question because no can tell whether the negotiations would be successful and what the result would be42.ConclusionIn conclusion, in looking to critically evaluate the aforesaid(prenominal) statement so as to also be able to consider the extent to which parties have acted on a business agreement serves to influence any judge, it must be recognised that certainty at heart any agreement perpetrated by a business is extremely important. This is because certainty in relation to the agreements that ar e formed between parties clearly goes some way to limit and even negate the need to go to assay the effect of their disputes. However, by its very nature, business negotiations are somewhat adversarial. Everyone involved with business wants to get ahead so it is perhaps little wonder that disputes do arise. But just because a dispute arises does not mean that the parties want to end the relationship that they have built up just because there is a lack of certainty in some aspect of the agreement that has been formed.Therefore, whilst the courts may look to resolve issues of certainty between the parties on the basis of the law as it stands and the understanding of what is considered reasonable in the circumstances, the parties themselves can and do retain an element of influence over proceedings between them. Consequently, the respective parties intentions when forming an agreement must be taken into account when determining the binding nature of any agreement. However, that is no t meant to assuage the role that the courts do race in the resolution of disputes. It is just that the area is actually somewhat complicated by the lack of certainty in aspects of an agreement that is formed that need to be effectively resolved and, in view of the close law of proximity of the parties to their dispute, it is sometimes considered best for the parties to accede to the resolution of their dispute to the courts where they cannot otherwise be resolved between the parties themselves despite the influence that the courts will still allow their dealings to have on their decisions in most cases.-(i) Re seem schemeTo begin with it is necessary to decide what the question set is asking i.e. in this case, determining the need for something different to rectify a problem that ostensibly exists. This effectively means that any question carried out is required to seek to facilitate a discussion involving the specific terms identified within the question so as to effectively determine and incorporate the academician and legal opinions of authorities to support the pertinent issues that have been derived from the research that has been carried out here for the purposes of answering the question.(ii) MaterialsTherefore, on this basis, it is particularly important to look to include case law in particular, in view of the stated requirement in the scope of the question, throughout the writing of this essay before listing them all in the bibliography for ease of further reference. As a result, twain Lexis Nexis Professional and Halsburys Laws of England are websites that serve as significant research aids for writing this kind of work in view of the fact that they offer the most contemporary accounts of all legal subjects.(iii) Search callLegal professor David Stotts work on legal research43 has recognised the best approach to researching an essay is to look to take the title/question that you have been given and then highlight what you think are the key words and phrases so that, in this case, the following search terms are recognised BusinessContractBuyingSellingLegislation trash ResolutionCertainty.Then, having identified search terms for the purposes of research, combinations of these terms must be uses, whilst also looking to appreciate the fact that certain terms (i.e. legislation) will offer very little in view of the specifics elsewhere within the question without looking at more specific aspects. As a result, in view of the fact that the focal point of this essays discussion is the issue of certainty within, a particular context (i.e. business agreements), then it is clear that this must be recognised so as to be able to effectively achieve the required results to lead to further research into judicial decisions and other paper based sources outlined in the bibliography by looking at combinations of the aforementioned search terms (e.g. contract, certainty, business and agreement).(iv) Review of ResultsIn looking to effect ively be able to evaluate the academic value of the research that has been carried out here, it is abundantly clear that, whilst the initial materials uncovered were exquisite in view of their relevance, a true understanding of as to how successful the research actually was is only possible where we look to consider the contentedness of what has been written in the essay itself. But then it is also necessary to look to consider as to how the answer to the question set looks to show an effective appreciation of how the materials that have been identified in the bibliography have been used. Therefore, it would seem that the results of this research have served to effectively facilitate a broad discussion of various areas in relation to the recognition of certainty within the context of business agreements and as to how the courts have dealt with the resolution of disputes, whilst also recognising the influence that the parties themselves can have in relation to the courts resolution , that have put been together in this paper so as to present an effective answer to the question that has been posed here.-Beatson. J Ansons Law of Contract 27th Edition, Oxford University wad (1998)Fridman. D. F Construing, without constructing, a contract (1960) 76 LQR 521Halsburys Laws of England Lexis Nexis, Butterworths (2007)Lexis Nexis Professional (2007)(www.lexisnexis.com)Stott. D Legal Research Cavendish Publishing Ltd (1998)Adams v. Lindsell (1818) 1 B Ald. 681Bishop Baxter v. Anglo-Eastern Trading Co Industrial Ltd 1944 KB 12British Steel Corporation v. Cleveland Bridge Engineering Co 1984 1 All ER 504Brown v. Gould 1972 Ch 53Butler Machine Tool Co v. Ex-Cell-O Corp 1979 1 WLR 401Carlill v. Carbolic ingest Ball Company 1893 1 QB 256Chillingworth v. Esche 1924 1 Ch 97Courtney Fairbairn Ltd v. Tolaini Brothers (Hotel) Ltd 1975 1 WLR 297Currie v. Misa (1875) LR 10 Ex 153Davies v. Sweet 1962 2 QB 300Didymi Corporation v. Atlantic Lines Navigation Company Ltd 1988 2 Ll oyds Rep 108Foley v. Classique Coaches Ltd 1934 2 KB 1G. Percy Trentham Ltd v. Arhital Luxfer Ltd 1993 1 Lloyds Rep 25G. Scammell Nephews Ltd v. Ouston 1941 AC 251Hillas Co v. Arcos Ltd (1932) 147 LT 503Hussey v. Horne Payne (1879) 4 App Cas 311Hyde v. Wrench (1840) 3 Beav 334Kennedy v. Lee (1817) 3 Mer 441Kleinwort Benson Ltd v. Malaysia Mining Corporation Bdh 1989 1 WLR 379 atLipkin Gorman v. Karpnale 1991 3 WLR 10May Butcher v. The King 1934 2 KB 17nMitsui Babcock Energy Ltd v. John Brown Engineering Ltd (1996) 51 Con LR 129Montreal Gas Company v. Vasey 1900 AC 595Nicolene Ltd v. Simmonds 1953 1 QB 543Pitt v. PHH Asset Management Ltd 1994 1 WLR 327Queensland Electricity Generating Board v. New expect Collieries Property Ltd 1989 1 Lloyds Rep 205Regalian Properties Plc v. London Dockland Development Corporation 1995 1 WLR 212Trollope Colls Ltd v. Atomic originator Construction Ltd 1963 1 WLR 333Von Hatzfeldt-Wildenburg v. Alexander 1912 1 Ch 284Vosper Thornycroft Ltd v. Mini stry of Defence 1976 1 Lloyds Rep 58Walford v. Miles 1992 2 AC 128Sale of Goods Act 19791Footnotes1 Fridman. D. F Construing, without constructing, a contract (1960) 76 LQR 521.2 1900 AC 595.3 See also the decisions in G. Scammell Nephews Ltd v. Ouston 1941 AC 251 (hire purchase terms) Bishop Baxter v. Anglo-Eastern Trading Co Industrial Ltd 1944 KB 12 (war clause) for further examples of indefinite contract terms.4 (1818) 1 B Ald. 681 see also Carlill v. Carbolic Smoke Ball Company 1893 1 QB 256.5 (1875) LR 10 Ex 153.6 See, for example, the decision in Lipkin Gorman v. Karpnale 1991 3 WLR 10.7 (1840) 3 Beav 334.8 1924 1 Ch 97.9 See, for example, the decision in Butler Machine Tool Co v. Ex-Cell-O Corp 1979 1 WLR 401.10 1972 Ch 53.11 1988 2 Lloyds Rep 108.12 Although see also the Supply of Goods Services Act 1982 at section 15(1).13 See, for example, British Bank for Foreign Trade Ltd v. Novinex 1949 1 KB 623.14 Sale of Goods Act 1979 at section 8(2).15 1934 2 KB 17n.16 (1932 ) 147 LT 503.17 Ibid at p.514.18 (1932) 147 LT 503.19 See G. Percy Trentham Ltd v. Arhital Luxfer Ltd 1993 1 Lloyds Rep 25 at p.27 per Steyn LJ.20 1934 2 KB 1 see also Vosper Thornycroft Ltd v. Ministry of Defence 1976 1 Lloyds Rep 58 Queensland Electricity Generating Board v. New Hope Collieries Property Ltd 1989 1 Lloyds Rep 205.21 See, for example, Regalian Properties Plc v. London Dockland Development Corporation 1995 1 WLR 212.22 See, for example, Trollope Colls Ltd v. Atomic Power Construction Ltd 1963 1 WLR 333.23 See, for example, British Steel Corporation v. Cleveland Bridge Engineering Co 1984 1 All ER 504.24 1984 1 All ER 504.25 1995 1 WLR 212.26 1984 1 All ER 504.27 1995 1 WLR 212.28 See Kleinwort Benson Ltd v. Malaysia Mining Corporation Bdh 1989 1 WLR 379 at pp.388, 391 393.29 See, for example, Hussey v. Horne Payne (1879) 4 App Cas 311.30 See, for example, Mitsui Babcock Energy Ltd v. John Brown Engineering Ltd (1996) 51 Con LR 129 at pp.167, 175 179.31 1912 1 Ch 284.32 Ibid at p.288.33 (1817) 3 Mer 441.34 1962 2 QB 300.35 Beatson. J Ansons Law of Contract 27th Edition, Oxford University Press (1998) at pp.62-6836 See, for example, Walford v

Diabetes Within The Latino Community Health And Social Care Essay

Diabetes Within The Hispanic Community wellness And Social Cargon EssayThe National Institutes of Health (NIH) (2010) define disparities in wellness as differences in the incidence, prevalence, mortality, and burden of illnesss and different adverse wellness conditions that exist among specific existence groups (para. 1). The Hispanic community is one group with kn declare health disparities, especially in the field of honor of diabetes. coarse re reckon in diabetes c atomic number 18 has been conducted however, there is a satisfying gap in the research literature related to factors that influence the feat of glycemic control and self-man hop onment practices of the Latino people, in general, and migrator imparters specifically.Diabetes is a metabolism unsoundness (NIH, 2008). In those with diabetes, the pancreas will provide little or no insulin, or the cells will non react to the insulin produced (NIH, 2008). This sequels in a build up of glucose, which the body dis poses of through the urine. Even if there was a build up of glucose, the body loses it main source of energy.Diabetes among Latino populationDiabetes is one of the hot growing disease classifications at bottom the joined States, especially among the Latino population (CDC, 2005). Nationally 2.5 million or 9.5% of all Latinos, 20 years of age or older, do diabetes. Latino individuals atomic number 18 1.7 times as potential to have diabetes compared to non-Hispanic white individuals of similar age (CDC, 2005). These numbers are on a steady emergence and only account for diagnosed cases of diabetes. Prevalence grade for the common complications of diabetes, obtained from the Centers for Disease Control and Prevention 2002 and 2005 data for the Latino population, intelligibly imply that developing strategies for preventing the complications from diabetes is a critical privation. For example, 16.5 per 100 Latino adults with diabetes have visual impairments 430.4 per 100,000 Latin o adults with diabetes have end-stage renal disease and 26.9 per 100 Latino adults age 35 years or older with diabetes have self reported cardiovascular disease (CDC, 2005). Comparable figures for non-Hispanic white adults are 19.5, 262.7, and 34.9 respectively. In addition, less than 60% of Latino adults with diabetes receive annual eye and origination exams, and participate in daily blood glucose monitoring (CDC, 2005).Among Mexican-American adults, a subgroup of Latino adults, type 2 diabetes has reached epidemic proportions with concomitant devastating health complications, unwholesomeness and mortality. Fortunately, many of these complications could be prevented through self- oversight techniques that promote tight glucose control. The costs, financial, physiologic and psychologic, associated with this disease and its complications are extreme. The need to explore culturally congruent, cost reducing and health promoting disease self-management strategies is imperative for thi s mellow bump population.VulnerabilityVulnerability Among the Latino Migrant Population with Diabetes Within the diverse Latino population in the join States are those individuals who are long term residents of the United States and are well acculturated individuals who have recently immigrated to the United States and those who are migrant promote pull iners (individuals who relocate in order to work in agriculture and are unable to return to their permanent residence at the end of the work day) (Hakes et al., 2003). These characteristics have differential effects on cultural beliefs and practices, health out(p)comes and self-management practices.Extensive research has been completed related to vulnerability and the identifying factors that produce the greatest risk for unworthy health outcomes which include ethnic/racial, economic, educational and health finagle related factors (Aday, 2001 Flaskerud Winslow, 1998). Latino migrant workers meet all of these criteria. First, ethnic/racial factors, which include language barriers, apply because cultural norms of this group may not be well understood by health condole with providers and may clash with typical Anglo approaches to health. This group may experience a want of support or feelings of isolation when migrating from region to region in search of work. Economic factors apply because they commonly have below minimum lucre field work that does not provide for health c overage, experience change magnitude financial burden related to migration from state to state, and from work area to work area, with periods of unemployment (US Census Bureau, 2003). Educational factors apply because few have a high school education (US Census Bureau). In addition to lack of education, they are confronted by a new society and legal system. Health care related factors apply because of inconsistency of health care caused by frequent moving. Many of these individuals move from provider to provider and often run out of medications in the process.The consequences for diabetes control are monumental. Extended periods with elevated blood glucose levels increase the likelihood of retinopathy, cardiovascular disease and kidney failure. If and when these individuals examine medical assistant, often no records are available to the provider who must then start over (Hakes et al., 2003). This often leads to new medications and dosages that may have already proven ineffective, in turn extending the time frame of poor glucose control. The expense of repetitive science lab work, medication changes, and office visits increases the financial burden for this population, leading to further delays in treatment and follow up. In addition, routine screening and evaluation is bound or omitted repayable to lack of continuity of care. Typically, only the acute management guinea pigs are addressed, leaving recommended annual exams (dental, dilated eye, urine protein and creatinine) incomplete, further leading to change magnitude risk of complications from non-intervention (Clement, 1995 Hakes et al., 2003). Additionally, these individuals are at increased risk for work injuries due to the nature of fieldwork (Clement, 1995 Hakes et al., 2003). When the risk of unidentified injury secondary to peripheral neuropathy (resulting from lengthened blood glucose elevation) is added, these individuals are likely to become disabled and unfit to come on working. Unfortunately, these individuals do frequently continue to work, due to financial needs, often resulting in further injury that leads to lower extremity amputation (Clement, 1995).Diabetes significantly increases the risk of honorable debilitating and life threatening complications if not aggressively treated and tightly controlled. Many devastating disabilities can be minimized if the client has the experience and ability to follow through on self-management. All of these issues point toward the need for strong self-care management ski lls because the Latino migrant adults are the major directors of their own care (in relation to access and migrant status.)As a migrant population, issues of border and border crossing may similarly influence the health disparities and/or vulnerability of this population. Crossing borders, including the U.S.-Mexico border and state borders within the United States, influences access to health care. of particular concern with this migrant population is the issue of legal documentation to enter the United States. Although the majority of this population has entered the United States legally, some lack this legal documentation (NCFH, 2005). As a result, concern of exposure and identification as un document, resulting in deportation, may hinder efforts to seek out healthcare providers. Knowledge of where and from whom to access care becomes an ongoing scrap along the migration path. In addition, members of this population may avail themselves of healthcare on both sides of the border , United States and Mexico, further fragmenting care. Health care availability, funding, and access withal vary across U.S. state borders as each states regulations and requirements for low income assistance vary. Additionally, these assistance programs are not transferable to neighboring states, further increase the vulnerability of this migrant population. Border crossing can also result in separation from family and social networks decreasing, abolishing, or at the very least disrupting resources of social support for health maintenance. Each of these border factors further heightens the risks for poor health. The issues that increase vulnerability of this population are further accentuated by and not separable from border health issues in general.Promoting Self Management PracticesSelf-management has also been described as caring about oneself, not harming oneself, and having relationships that motivated self-care practices (Leenerts Magilvy, 2000).A large knowledge gap relate d to self-management in the Latino population exists. This group has a high rate of diabetes complications (CDC, 2003) despite interventions extensively documented in the Anglo population to decrease complication rates. Perhaps the problem relates to a mismatch between the assumptions of self-management among the Latino migrant population (familism worldview) compared to Anglo American individuals (individualistic worldview). culturally influenced self-management beliefs and practices must be explored and culturally congruent nursing interventions developed.ConclusionA paucity of available research, and the strong cultural ties to familism in the face of the sometimes disrupted family structures characteristic of migrant status, leaves much to conjecture regarding diabetes management practices in this population. The epidemic rate of diabetes in the Latino population, coupled with the vulnerabilities that arise as a result of migrant status, highlights the importance of cultural and social processes of diabetes self-management within the families/households of Latino migrant workers. Understanding gained from this research can guide breeding of interventions and education programs, utilizing culturally appropriate methods, to enhance the health of this population.