Understand and Apply the Principles of Liability in Negligence a Essay

Understand and Apply the Principles of Liability in Negligence a Business Context - Essay Example Understand and apply the principles of liability in negligence a business context A business at a given time is bound to be liable for some acts either it has committed or has been committed by any third party who had the ability, right or duty to control the activities of the business. Example of this relationship is that of employer and employee, or that of a parent and a child. Vicarious liability assigns liability for an injury or loss to a person who did not actually cause the injury but has a special legal relationship to the person who acted negligently (Bermingham and Brennan, 2008, p. 27). As has been noted, a business can at a given time be bound to be liable for some acts, and particularly those committed by another person who has special legal relationship with the business. So, how can a business be vicariously liable? There are different incidences in which a business can be vicariously liable. For example, the owner of a car can be held vicariously liable for negligence that was committed by his driver. In an event that a driver commits a negligent act such as exceeding speed limit and as a results causes an accident, the owner (can be a registered business) of the car may be liable for the loss suffered by the owner of the other car or for the injury suffered by the other person involved in the accident.Vicarious liability in this context is based on the assumption that the owner of the car has provided the car for a particular use, and therefore the operator of the car is acting as the agent of the owner. The same assumption is also applied in circumstances whereby the owner of the car lends a car to a friend. Another example of an incidence where a business can be vicariously liable is that which involves a bank that is performing car repossession from the registered owner because of non-payment; the bank has a duty not to cause peace breach when undertaking the repossession. If its agent do cause then it will be liable for the damages as noted in the case of MBank El Paso v. Sanchez (Giliker, P, 2010, p. 21). Generally, v icarious liability operates within the law of torts. Its general rule is that a person who authorizes a tort will be liable personally for injuries or losses that arise as a result. It should be noted that vicarious liability operates within certain circumstances which requires that a person should be liable only in circumstances where special legal relationship exists with the person who has committed negligent act. Vicarious liability has been said to have some merits. The first one is that it is easier for the claimant to attach blame precisely to a responsible person. The second merit is that it makes the owner of a business to impose caution the persons in control of activities thereby helping it avoid avoidable losses (Henderson, 2002, p. 313). 2. Legal principles relating to the vicarious liability have developed through the case law to create scenarios that vicarious liability operates in the field of employment law. Mainly, it has created five main scenarios as demonstrated in the chart below: Always directly liable; always vicariously liable; may be vicariously liable; not vicariously liable; and is always vicariously liable Vicarious Liability Under the tort of negligence, employers are vicariously liable for the torts committed by their employees in the course of employment. Two main reasons have been cited for the justification of vicariously liability imposition on the employers: since the employees help the employers make profit,

MARKETING REPORT Essay Example | Topics and Well Written Essays - 2500 words

MARKETING REPORT - Essay Example In the last two years, the tourism revenues of the state have decreased especially that of Gold Coast City because of decrease in the number of tourists. The financial crisis that rooted from US and now influencing other countries of the world including Australia is posing great threats to the economies. The aim of the Australian tourism industry is to promote tourism by introducing innovative and effective marketing strategies. The Australian tourism target was $ 6.3 billion for 2014 as compared to $ 3.7 billion in 2002 and it requires the growth rate of 6% to achieve this level. However, there is a gap produced between the targeted and actual level. Although number of visitors is increasing because of the increasing corporate events however; the challenge is to close this gap by increasing the length of stay along with number of tourists. Government has planned to invest $410 million in the tourism industry of Australia in the next three years; however, the need of products and ser vices with effective marketing strategies to attract the tourists is not ignorable. Our proposal is to introduce Corporate Tourists Social Network (CTSN) service which will not only provide the corporate customers an opportunity to attend the corporate events in a more luxurious manner, but it will also enhance their social network by enhancing their interactions with each other and creating a linkage among them through online database. We have high expectations from our proposal because it will attract the corporate people by fulfilling their needs and meanwhile it will also improve tourism industry and investment opportunities in Australia. Australian Tourism Industry has been facing many challenges for the last two years because of financial global crisis. This project sets out the strategies of Australian Tourism and introduces a new tourism service. The topic area of this project is to research the

Dell Case Study Example | Topics and Well Written Essays - 500 words

Dell - Case Study Example wn design in the year 1985, this was followed by unveiling of the world’s fastest performing computer in 1986 which was to be promoted by the setting up of the first onsite service to compensate for lack of retail in the year 1987. In 1988, the company changed its name to Dell Computer Corporation then tried to change its marketing strategy by selling to retailers in 1990 through warehouse clubs and superstores. However, this strategy did not last owing to dismal performance. They then embarked again on selling custom-built computers online to the customers. In 2000, Dell became number one seller of computers in USA surpassing even the Compaq (123HelpMe.com, 2015). Dell computers corporations has the mission to be the most successful computer company in the world at delivering the best customer experience in markets we serve. It was created to operate on a direct selling model where customers are to order for their computers online and then the computer is custom-made according to the needs of the customer (Saunders, 2009). Dell’s success is majorly attributed to the better management of its supply chain. Dell applies the best expertise to process customers’ orders and supply it at the fastest speed possible. Where the rivals take weeks, Dell takes only hours to supply the products to its customers. Dell has adopted as one of its strategies, the shortest supply chain. Dell purpose to minimize the involvement of middle men as a way of minimizing time they take to get products to customers and as a way of getting directly in touch with the customers. The company also ventured into customer relationship management (CRM) as a way of staying close to customers. They hire third party logistics to supply their finished products instead of the middle men. Supplier of Dell supply raw materials on a just in time basis directly to the production line at shortest time hence contributing to success of the company. Success is in terms reduced costs on setting up a

The Development of Health Care Provision in Britain Essay

The Development of Health Care Provision in Britain - Essay Example In Roman times doctors were often Greeks and might belong to a private family as well as acting as general practitioners. There were also doctors and medical assistant attached to the invading Roman army. Even in families where there was no doctor some member of the household would have acquired some necessary medical knowledge:-. Unwashed wool supplies very many remedies†¦..it is applied†¦.with honey to old sores. Wounds it heals if dipped in wine or vinegar†¦.yolks of eggs†¦.are taken for dysentery with the ash of their shells, poppy juice and wine. It is recommended to bathe the eyes with a decoction of the liver.(Pliny, 1st century C.E.) There would also be wise women, often herbalists. The History of Hospitals and Health Care in Britain This situation would have continued until the Middle Ages when the very first hospitals appeared, driven by Christian convictions, and founded as religious institutions. St Bartholomew’s Hospital, in central London, was founded in the 12th century by a monk. These religious foundations were based upon ideas taken from the gospels, as in Matthew chapter 9 where there are several examples of Jesus caring for the sick. . By the time of Elizabeth I the state was beginning to play its part. In response to the increasing number of vagrants and wandering jobless an act of 1601 set up the first poor houses, and these would have included at least minimal care for the sick and mentally fragile who were also poor (Bloy, 2002). Local taxes were used to support such ventures. It was in the 18th century that many of today’s larger British medical institutions came into being as voluntary hospitals. At first these were in long established cities such as London and Edinburgh. With the coming of the Industrial Revolution newly burgeoning cities such as Manchester also opened hospitals. These were funded by private contributions. Specialist hospitals such as those dedicated to maternity care, and eye hospita ls, also opened. Asylums were under the care of local authorities (Voluntary Hospitals Database, undated). At this time though nursing training was rudimentary . It was only with the threat of various wars , including the Crimean War and the First World War, that the need for formal training became obvious. In 1911 the National Insurance Act became law. This is an important stage in the founding of a welfare state, and it resulted in care being provided for many people . There were many schemes to help poorer people to pay for their care. In Birmingham the Birmingham Hospital Saturday Fund was begun in 1873 by a local clergyman (BHSF Undated) .The fund was one of several from various parts of the United Kingdom and continued into the days of the National Health Service when, for the payment of a few pence weekly, people could ensure a place in a convalescent home after an illness. The aims of the organisation today are still to provide convalescence, but also to invest in medical re search. Meanwhile richer people continued to visit private clinics or to have doctors visit them at home. The majority voluntary hospitals and schemes later became incorporated into the National Health Service, which was initiated by the Labour government in 1948, based upon an ideal of good health care being made accessible to all, whatever their situation in life. According to Rivett (Undated) this principle had been in existence for at least a century, with many individual initiatives, and the London County Council even wanting to provide its own hospitals, but not enough had been done to make it a reality. In I920, soon after the end of the First World W

Critical analyses of Teenage Pregnancy in UK and it's impact on Essay

Critical analyses of Teenage Pregnancy in UK and it's impact on children , families and society - Essay Example There are a number of reasons for this disparity one of which is delay by the government to address the issue. Teenage mothers as a whole face a number of challenges including drop out of school, lack of income, loss of friends and the relationship with family members deteriorate (Berrington, Diamond, Ingham et al, 2005). Infants born of teenage mothers on the other hand have a higher mortality rate, born with many complications and denied parental love and care (Harden, Bruton, Fletcher and Okley, 2009). There have been various efforts by the government to try and combat this problem. One of the commonest is educating the young about sex. In sex education teenagers are taught the mechanisms of sex and how to prevent pregnancy (Carabine, 2007). However, sex education has been heavily criticized for failing to address issues that matter such as contraceptives. Just like in other countries where teenage pregnancy is low, transparency and early intervention is favoured (Fletcher, 2010). Though the government has done a lot to address the issue, the roots causes are yet to be tackled (Horgan and Kenny, 2007). Teenage pregnancy has been equated to deprivation. Once the government effectively tackles poverty in society, much would have been accomplished in the campaign against teenage pregnancy. The objective of this essay is to give a critical analysis of teenage pregnancy in the UK. It will address the effects on the mother, family and society as a whole. Comparisons will be drawn with other countries which might be experiencing a greater or lesser challenge. Finally, the effectiveness of UK government policies will be evaluated. According to Maslow, growth and survival are the basic explanation to human behaviour. The most important needs for survival are the basic requirements such as food and water which must be satisfied before satisfaction of higher needs. The higher needs though with ability to ensure psychological well-being of individuals have less

The History of the Discovery of Cinematography Essay Example for Free

The History of the Discovery of Cinematography Essay Not know the exact date of introduction of motion picture films to us. But if according to the first introduction of moving picture presented by the Lumiere brothers in Paris, it happened in December 1895. However, in view of the case have said the film first screened as early as 1917 again, he may be said to be the age of the film is almost a century. Regardless, the film is not to be in a form that we can watch now. It is said to start with the success of a designer of the camera can transmit images to a banner quoted the picture is not moving (still). This led to enhance the capability of this camera can transmit images can be moved. So the term `movie` used comes from the word moving that is moving. Oxford Dictionary of movie termed as cinema or `movie` only. Motion picture had moved, but still dumb (silent pictures). But it was unveiled to the public and make a new form of entertainment that would never have imagined by people at that time. This phenomenon existed before the First World War. In the interim period between World War I and World War II films already available from the West. Should still have more senior citizens remember with nostalgia the film Charlie Chaplin, Laura And Hardy. Required to be disclosed to relive the era of silent movies in Hollywood, recently, released a film titled` silent The Artist and won the Orange Bafta Awards in France by Jean Dujardin plays, able to beat superstars including Brad Pitt and George Clooney. But when the film appeared to speak we have had no feature film of the Middle East to this country, especially Egypt, thus witnessed the emergence of famous actors such as Mohd Abdul Wahab and Umm Kalthum. Mohd Abdul Wahab, for example, known for its melodious song. Egyptian movie featuring the two of them play very well among the Malays at that time because whatever comes from the Arab countries will be respected by them, let alone many young Malays began to have the opportunity to Egypt to study. On the east coast of Peninsular Malaysia, this bear was the spirit of Arab culture and berqasidah melodious. Meaning melodious recitation of the Koran Karim in taranum and performed at weddings and feasts, goes up, especially in rural areas. However, Western films also began to enter the country. Titles such as Cowboy Roy Rogers, Zorro and Tarzan is no stranger at the time. Due to World War two, too many young people 18-35 years old were killed in the West there is a situation that the number of young women far exceed men. But the West was once said to also have high morals and practice puritisme, began little by little changing patterns of social liberalism and culminates in an independent and free sexual practices. This situation affects the pattern of entertainment, including actors in theater and film entertainment. And appeared in a movie star, which emphasized the sex symbols like Marilyn Monroe, Elizabeth Taylor, Gina Lollobrigida and Brigitte Bardott. In the era of the 1950s and 60s, they pushed this film as a sex symbol, either within or outside the film and stage. For Elizabeth Taylor, the highlight of her acting was as Cleopatra with Richard Burton and doubles in the movie titled the same. Marilyn Monroe was performed enthusiastically in the movie Seven-Year Itch. For the heavyweights, including actor Richard Widkmark, Cary Grant, John Wayne and Rock Hudson. Due to the heat of World War II at that time still be felt decades after the 1940s, the film appeared with prolific character of war at that time. Titles such as Battle of Britain, The Longest Day, Battle of the Bulge, All Quiet on the Western Front, A Bridge Too Far, Saving Private Ryan and the Sands of Iwo Jima is considered as a blockbuster until the 21st century. In Malaysia, the film Lieutenant Adnan be a trial highlighting the history of patriotic courage of a fighter at the time of the Second World War where our troops advancing all-out defense of the Japanese in Singapore. If we watch a documentary film called The Rising Sun Over Malaya, which aired on History channel (Astro) on February 15 last, we can see how violently bestial and the Japanese at that time under the command of General Yamashita. Why do we not continue to defend the historical film of water which may whet our patriotism? Government or rich GLCs should be urged to sponsor a film like this. Sekual to World War there was a clash of two ideologies of power that a form of democracy dipenghulukan NATO supported the United States, while communism (Marxism-Leninism) is a right belonging to the Soviet Union. The outcome was what is called the Cold War or the Cold War, which saw two sides gather nuclear arsenal to be directed to the respective blocks. In this era, the activities of spy-spy or intelligence must be essential for both parties. These symptoms are infectious to filmmaking. Arose the James Bond film series (Sean Connery as a film icon intelligence), The Saint (Roger Moore), Man from Uncle, CIA, FBI and MI-5. But because filmmakers belong to a same block in terms of ideology, the end of the film almost all countries in favor of the block thats it. The other party is portrayed as evil and mischief-maker and always lose! Reflecting the strength of America came the films such as The West Wing, Raids on Entebbe and much more for American propaganda. The West Wing for example trying to highlight the strength and greatness of the United States. In addition, the CIA also depicted in the film with his role heading towards Islam. From the Arab / Muslim is also a flavor in many movies and supposedly reflect any crime and violence caused by them. Symptoms of blaming Muslims in the film existed before the events of 11 September 2001 or 9/11. But post 9/11 sparked another aspect of Islamaphobia in the West. Hong Kong film industry and Hindi (Bollywood) is also growing rapidly. Who does not know who popularized the art of Bruce Lee kung fu defense and Bollywood star Amitabh Bachchan, Sri Devi, Ashwariya, Shusmita Shen and Shah Rukh Khan. If before this film is considered a little of the global political landscape, there is also describe the film to stand clash, between a producer and director with the other as portrayed in the film Schindlers List and Passion of Christ. The first is a gain or fishing sympathy of the Jewish world who suffer by the Hitler regime, while another form of attempts to blame the Jews who allegedly due to their greedy cause Jesus Christ was crucified. Jesus on the U.S., according to Islam the Quran he was not crucified. (See Surah An-Nisa verse 157 or 4:157). People say it just like the crucified Jesus the U.S.. The film industry in this country began as early as the 1930s, when the two companies established publishers in Singapore, Shaw Brothers and Cathay Film actor, accompanied by Malays who are still at an amateur level. However, with the guidance of people like L Krishnan, Haji Mahdi and then P Ramlee, the Malay film industry began to grow rapidly and achieve excellence in the early 1960s. The first film made possible to bring the title Laila Majnun followed many other topics which pioneered star acting like Siti Tanjung Perak, D Harris, Haji Mahdi, Neng Yartimah, Kasma Baty, Baking, Mussels Sarawak, S Kadarisman and AR Tompel. Further illuminate the emergence of Michael `natural` Ampas Street Studio film. As the son of artistic versatility, good acting, direction, music and lyrics, Michaels iconic film art and film industry dominate the decade. Not need further described Michael contribution to the glory of Malay films. Suffice it that the words of our great artiste is second to none. This is reflected also in the song arrangement, add to playlist Jeritan Change. Only difference in the past they called `the` movie star or artist, but now the artist. If P Ramlee alive at this age when so advanced production equipment and digital film, would he much greater than Stephen Spielberg. World politics does not influence directly the Malay film genre. However, due to World War II, the Japanese military dictatorship then make the people in this region are poor, helter disorder and incoherent. This was reflected in films like Michael Tow Beca and Lost and Delirious. There is a tendency to focus on compliance with the laws of God will (Semerah Rice) with reference to Law of the Sea of ​​the 15th Century Malacca and the influence of the Middle East (Ali Baba and Ahmad Single Lapok Albab) in culture. Law of the Sea reflects the firmness of Malacca Islamic Shariah. Films like this should be shown over and over again dilayar silver or even the TV as well as aspects of Islamic law it is also acting and artistic treasures of our culture should be an example to new generations. Approach many Malay films, whether published Shaw Brothers or Cathay-Keris until the 1970s can be regarded as a classic film, which comprises mostly Malays good value as role models for todays society. Regardless of whether the issue of Malay films are considered outside the country because it comes from Singapore, which was once in Malaya. Anyway, the exposure to the public that there should be survival. If a lot of old or classic song can only echo frequently on radio and TV, why not the old or classic movies as well as it can be perpetuated cultural heritage to be shown to the present generation? If the world does not affect the political atmosphere Malay film genre what the local political landscape. Dare we publish certain political films, especially in present circumstances, such as political satire film (political Satire) although there are attempts in this direction, but the extent of the `square` only. The reason, perhaps there will be no producer dared to publish it, fear can not be shown in theaters or TV stations afraid to buy it? Sophistication of the tools and techniques of film making should exploit our film industry. The film industry as a source of global economy also shows we are now able to watch movies in 3D and 2D animation. The question is, can we imagine the motion picture by the year 2020? TIDAK diketahui tarikh sebenar filem wayang gambar diperkenalkan kepada kita. Tetapi jika mengikut perkenalan pertama gambar bergerak yang dipersembahkan oleh dua beradik Lumiere di Paris, ia berlaku pada Disember 1895. Akan tetapi memandang kepada hal ada mengatakan filem mula ditapis seawal 1917 lagi, maka boleh dikatakan usia filem sudah hampir satu abad. Apapun, filem bukan terus berada dalam bentuk yang kita dapat tontoni sekarang. Ia dikatakan bermula dengan kejayaan seorang pereka kamera dapat memancarkan gambar dipetiknya kepada kain rentang dengan gambar tidak bergerak (still). Ini mendorongnya mempertingkat keupayaan kameranya sehingga dapat memancarkan gambar boleh bergerak. Jadi istilah `movie` yang digunakan berasal dari perkataan `moving`- yakni bergerak. Kamus Oxford mengistilahkan movie sebagai `cinema` atau `film` saja. Wayang gambar sudah bergerak tetapi masih bisu (silent pictures). Namun ia mula dipamerkan kepada umum dan menjadikannya satu bentuk hiburan baru yang tidak pernah terfikir oleh manusia pada masa itu. Fenomena ini wujud sebelum Perang Dunia Pertama. Pada zaman interim antara Perang Dunia Pertama dan Perang Dunia Kedua sudah ada filem dipasarkan dari Barat. Harus masih ada lagi golongan warga emas ingat dengan penuh nostalgia filem Charlie Chaplin, Laura And Hardy. Perlu dinyatakan untuk mengenang kembali era ‘silent film’ di Hollywood, baru-baru ini, diterbitkan sebuah filem ‘silent` berjudul The Artist dan menang Orange Bafta Awards di Perancis menerusi lakonan Jean Dujardin, mampu mengalahkan bintang handalan termasuk Brad Pitt dan George Clooney. Apabila sudah muncul filem `bersuara` kita dapati sudah ada filem terbitan Timur Tengah ke negara ini terutama Mesir, sekali gus menyaksikan kemunculan pelakon terkenalnya seperti Mohd Abdul Wahab dan Ummi Kalthum. Mohd Abdul Wahab misalnya, terkenal dengan lagunya yang merdu. Wayang gambar Mesir yang memaparkan lakonan mereka berdua amat laris di kalangan orang Melayu pada masa itu kerana apa jua berasal dari negara Arab akan disanjung tinggi oleh mereka, apatah lagi ramai anak muda Melayu mula berpeluang ke Mesir untuk melanjutkan pelajaran. Di Pantai Timur Semenanjung Malaysia, semangat Arab ini membuahkan pula budaya `berlagu` dan berqasidah. Berlagu maknanya membaca al-Quran Karim secara Taranum dan dilakukan pada majlis perkahwinan dan kenduri-kendara, terutama di luar bandar. Pun begitu, filem Barat juga mula masuk ke negara ini. Judul seperti Cowboy Roy Rogers, Zorro dan Tarzan tidak asing lagi pada masa itu. Akibat dua kali berlakunya Perang Dunia, terlalu ramai orang muda berusia 18-35 tahun terkorban sehinggakan di Barat wujud situasi bilangan wanita muda jauh mengatasi lelaki. Maka itu dikatakan Barat yang dulunya juga punya moral tinggi serta mengamal puritisme, mula sedikit demi sedikit berubah corak kepada liberalisme dan memuncak kepada pergaulan bebas serta amalan seks bebas. Keadaan demikian mempengaruhi corak hiburan termasuklah pelakon dalam hiburan melalui teater dan perfileman. Dan muncullah bintang filem yang memberi penekanan kepada simbol seks seperti Marilyn Monroe, Elizabeth Taylor, Brigitte Bardott dan Gina Lollobrigida. Pada era 1950-an dan 60-an, filem melonjakkan mereka ini sebagai simbol seks, baik dalam atau luar filem dan pementasan. Bagi Elizabeth Taylor, kemuncak lakonannya adalah sebagai Cleopatra bergandingan dengan Richard Burton dalam filem bertajuk sama. Marilyn Monroe pula membuat persembahan ghairah dalam filem Seven-Year Itch. Bagi pelakon lelaki handalan termasuklah Richard Widkmark, Cary Grant, John Wayne dan Rock Hudson. Disebabkan bahang Perang Dunia Kedua pada masa itu masih dirasai berdekad selepas tahun 1940-an, maka filem bercorak perang muncul dengan prolifik pada masa itu. Tajuk seperti Battle of Britain, The Longest Day, Battle of the Bulge, All Quiet on the Western Front, A Bridge Too Far, Saving Private Ryan dan Sands of Iwo Jima dianggap sebagai blockbuster hinggalah kurun ke-21. Di Malaysia, filem Leftenan Adnan berupa satu percubaan penonjolan sejarah keberanian seorang pejuang patriotik pada masa Perang Dunia Kedua di mana tentera kita mempertahankan habis-habisan kemaraan tentera Jepun di Singapura. Kalau kita menonton filem dokumentari berjudul The Rising Sun Over Malaya yang ditayangkan di saluran History (Astro) pada 15 Februari lalu, kita dapat lihat betapa bengis dan zalimnya tentera Jepun pada masa itu di bawah pimpinan Jeneral Yamashita. Kenapakah kita tidak meneruskan penerbitan filem sejarah mempertahankan tanah air yang boleh menyemarakkan lagi semangat patriotisme kita? Kerajaan atau syarikat GLC yang kaya raya patut diseru supaya menaja pembikinan filem seperti ini. Sekual kepada Perang Dunia berlaku pula pertembungan dua ideologi kuasa besar yang mana bentuk demokrasi didokong NATO yang dipenghulukan Amerika Syarikat, manakala komunisme (Marxism-Leninism) menjadi hak kepunyaan Soviet Union. Maka terjadilah apa disebut Perang Dingin atau Cold War yang memperlihatkan dua pihak mengumpul ‘arsenal nuclear’ untuk dihalakan terhadap blok masing-masing. Dalam era ini, kegiatan intip-mengintip atau risikan menjadi ramuan wajib bagi kedua-dua pihak. Gejala ini berjangkit pula kepada pembikinan filem. Timbullah siri filem James Bond (Sean Connery sebagai ikon filem risikan), The Saint (Roger Moore), Man from Uncle, CIA, FBI dan MI-5. Tetapi disebabkan pembikin filem tergolong dalam satu blok sama dari segi ideologinya, maka hampir semua penghujung filem itu memihak kepada negara blok itu saja. Pihak yang satu lagi itu digambarkan sebagai jahat serta pengacau dan sentiasa kalah! Sebagai mencerminkan kekuatan Amerika maka terbitlah juga filem seperti The West Wing, Raids on Entebbe dan banyak lagi untuk propaganda Amerika. The West Wing misalnya cuba menonjolkan kekuatan dan kehebatan Amerika Syarikat. Selain itu, CIA turut digambarkan dalam filem dengan peranannya menghala terhadap Islam. Dari itu orang Arab/Islam turut menjadi `perencah` dalam banyak filem dan mencerminkan kononnya apa juga kejahatan serta keganasan berpunca daripada mereka ini. Gejala menyalahkan orang Islam dalam filem wujud sebelum peristiwa 11 September 2001 atau 9/11. Tetapi pasca 9/11 menyemarakkan lagi aspek Islamaphobia di Barat. industri perfileman Hong Kong dan Hindi (Bollywood ) juga berkembang pesat. Siapa tidak kenal Bruce Lee yang mempopularkan seni pertahanan kungfu dan bintang Bollywood Amitabh Bachchan, Seri Devi, Ashwariya, Shusmita Shen dan Shah Rukh Khan. Jika sebelum ini filem dianggap mencerminkan sedikit sebanyak landskap politik global, ada juga menggambarkan filem untuk `pertembungan pendirian`, iaitu antara seorang penerbit dan pengarah dengan yang lain seperti ditonjolkan dalam filem Schindlers` List dan Passion of Christ . Yang pertama itu sebagai meraih atau memancing simpati dunia terhadap kaum Yahudi yang terseksa oleh rejim Hitler, manakala satu lagi berupa percubaan menyalahkan kaum Yahudi yang dikatakan akibat angkara merekalah menyebabkan Jesus Christ `disalibkan`. Mengenai Nabi Isa AS, Islam berpandukan al-Quran menyatakan baginda tidak disalibkan. (Rujuk Surah An-Nisa ayat 157 atau 4:157 ). Orang dikatakan disalibkan itu sekadar menyerupai Nabi Isa AS. Industri perfileman di negara ini bermula seawal 1930-an apabila dua syarikat penerbit ditubuhkan di Singapura, Shaw Brothers dan Cathay Film dengan disertai pelakon Melayu yang masih di peringkat amatur. Namun, dengan bimbingan orang seperti L Krishnan, Haji Mahadi dan kemudian P Ramlee, industri perfileman Tanah Melayu mula berkembang pesat dan mencapai tahap kegemilangan pada dekad 1960-an. Filem pertama dijayakan membawa tajuk Laila Majnun diikuti banyak lagi tajuk yang mana lakonannya dipelopori bintang seperti Siti Tanjung Perak, D Harris, Haji Mahadi, Neng Yartimah, Kasma Booty, Junaidah, Siput Sarawak, S Kadarisman dan AR Tompel. Kemunculan P Ramlee menyinari lagi `alam` filem di Studio Jalan Ampas. Sebagai anak seni serba boleh, baik lakonan, arahan, muzik dan lirik, P Ramlee menjadi ikon seni perfileman dan mendominasi industri filem dalam dekad itu. Tidak perlulah dihurai lanjut sumbangan P Ramlee ke arah kegemilangan filem Melayu. Memadailah kata-kata bahawa Seniman Agung kita ini memang tiada tandingannya. Ini dibayangkan juga dalam lagu gubahannya, Di Manakan Kucari Ganti. Cuma bezanya pada masa dulu mereka disebut `bintang filem` atau seniman tetapi sekarang artis. Kalaulah P Ramlee hidup pada zaman ini ketika peralatan penerbitan filem begitu canggih dan digital, nescaya beliau lebih hebat lagi daripada Stephen Spielberg. Politik dunia tidak mempengaruhi genre filem Melayu secara langsung. Akan tetapi akibat Perang Dunia Kedua, kemudian pemerintahan tentera Jepun membuatkan masyarakat di rantau ini miskin, porak peranda dan tidak keruan. Ini dicerminkan dalam filem P Ramlee seperti Penarik Beca dan Ibu Mertuaku. Ada kecenderungan untuk memfokus kepada kepatuhan akan hukum-hukum Allah (Semerah Padi) dengan merujuk Undang-Undang Laut Melaka Abad ke-15 dan pengaruh Timor Tengah (Ali Baba Bujang Lapok dan Ahmad Albab) dari segi budaya. Undang-undang Laut Melaka mencerminkan ketegasan Syariah Islam. Filem seperti ini patut ditayangkan berulang kali dilayar perak mahu pun di TV kerana selain aspek perundangan Islam ia juga khazanah seni lakonan dan budaya kita yang patut menjadi contoh kepada generasi baru. Pendekatan banyak filem Melayu, sama ada diterbitkan Shaw Brothers ataupun Cathay-Keris sehingga tahun 1970-an boleh dianggap sebagai filem klasik Melayu yang kebanyakannya mengandungi nilai baik untuk dijadikan teladan masyarakat kini. Tak kiralah sama ada filem Melayu ini dianggap terbitan luar negara kerana ia berasal dari Singapura yang dulunya dalam Tanah Melayu. Pokoknya, pendedahan kepada umum patut ada kesinambungannya. Kalau banyak lagu lama atau klasik sering saja boleh berkumandang di radio dan TV, mengapa tidak filem lama atau klasik juga memang boleh diabadikan sebagai warisan seni budaya untuk ditunjukkan kepada generasi sekarang? Kalau suasana politik dunia tidak mempengaruhi genre filem Melayu bagaimana pula suasana politik tempatan. Beranikah kita menerbitkan filem berbaur politik terutama dalam keadaan sekarang, misalnya filem sindiran politik (political satire) walaupun sudah ada percubaan ke arah ini, tetapi itu setakat `siku-siku`saja. Sebabnya, mungkin tak akan ada produser berani menerbitkannya, bimbang tidak boleh ditayangkan di pawagam atau stesen TV takut hendak membelinya? Kecanggihan peralatan dan teknik mengenai pembikinan filem wajar dieksploitasikan industri filem kita. Industri perfileman selaku sumber ekonomi secara global juga memperlihatkan kita kini sudah boleh menonton filem dalam bentuk animasi 3D dan 2D. Soalnya, bolehkah kita bayangkan bentuk wayang gambar menjelang tahun 2020 nanti?

Psycho Cultural Conflict Theory

Psycho Cultural Conflict Theory According to the psycho-cultural conflict theory, identity is the most important need in the hierarchy of human needs and, when denied, results in violent conflict. The satisfaction of ones basic needs is intricately related to his/her identity. The Psycho-cultural Conflict Theory is similar to the Primordial approach to ethnicity which emphasizes the fact that peoples ethnicity (identity) is deeply rooted in their past. Irobi (2005) argues that memories of past traumas magnify peoples anxieties. This is as a result of ethnic identity which produces fear, hatred and, consequently, ethnic conflict among two ethnic groups which have a history of ethnic discrimination and stratification. Irobi posits that when an ethnic group has a history of being stereotyped and discriminated based on their ethnic identity from another group, it results in violent conflict since ethnic identity remains part and parcel of the entirety of an individual. Ethnic groups which have been discriminated against and stratified into lower class citizens always habour a feeling of marginalization of their identity and this produces strong feelings of hatred and resentment towards the other group which did the discrimination. This is what Richardson Jr. Sen (1996) call victim mentality. Irobi (2005) criticizes the inadequacy of modernization theory which holds that modernity will result in the dissolution of ethnic affiliation. H e observes that ethnicity is fixed and part of the identity of individuals and groups. Therefore, any marginalization of an ethnic group or discrimination against it based on ethnicity will receive strong resistance (conflict). This is particularly seen in the mobilizing role of ethnic identity. Psycho-cultural conflict theorists like Ross (1997) and Horowitz (1998) believe that conflicts which are caused by identity are usually dangerous, violent, intractable and highly protracted, and often very difficult to resolve. This is because identity which is at the centre of the conflict, is an unshakable sense of worth, which makes life meaningful and includes the feeling that one is physically, socially, psychologically and spiritually safe (Faleti, 2006, p. 51). When this feeling of safety (identity) is threatened, there is a defensive reaction aiming at protecting this at all costs and the result is violent conflict which becomes a matter of life and death. This tends to affect development since violence is perpetually continued affecting productive sectors of local economies. The psycho-cultural theory of conflict argues, therefore, that resolving this type of conflict is usually very difficult and tends to defy any resolution mechanism. There is always constant outbreak of violence with such conflicts despite attempts at resolving the conflict. Their resolution takes long and sometimes, it is not possible to talk of resolution, but management. This is because the issue of ethnic identity is uncompromising and its denial is a complete affront to the groups very existence. The outbreak of consistent violence as a result of this type of conflict makes life and security fragile, thereby affecting human well-being and development. Thus, the link between ethnic conflicts, their resolution and development is clearly seen. Due to the deep-seated, protracted and intractable nature of conflicts based on identity (ethnic conflict), their resolution remains very difficult and takes very long, and this produces strings of violence thereby affecting meaningful develop ment. Seymour (2003) therefore emphasized that identity influences the process of conflict and must not be overlooked when attempting to understand the origins of conflict and when planning its resolution. The psycho-cultural conflict theory has been heavily criticized by many scholars. The theory has been criticized for attributing the main basis of conflict and violence to identity based on ethnicity. Critics are quick to point out that there is a tendency for many people to label any conflict as ethnic identity based when that conflict exceedingly has a different cause (Tonah, 2007). Bowen (1996) contends that those conflicts which are said to be based on ethnic identity are products of modern politics. He argues that although people have had many identities for long, which are based on their culture (ethnicity), these people only began to see themselves as members of vast groups, opposed to each other only during the modern period of colonization. Bowen (1996) mentioned that the Rwandan, Burundian and Bosnian conflicts are politically based conflicts rather than ethnic identity conflicts, but these conflicts later assumed ethnic identity dimensions. Osaghae (2005) also argues that what is seen as ethnic conflict is not so, but elite manipulation of people to gain advantage of their political and personal ambitions. Ethnic identity, to him, is elitist manipulation of ethnicity to gain control over political power and what is seen as conflicts emanating from ethnic identity are not at all, but politically based conflicts. It is possible for elites to manipulate a group of people against each other. It is even possible for conflicts in some parts of Africa and other places to take ethnic dimensions even if the initial cause of the conflict is political, resource, religious or any other cause (Tonah, 2007). Ernest Penan (cited in Bowen, 1996) believes that ethnic identity is constructed by intellectuals for their personal interests and that ethnic identity is a set of ideas rather than peoples values in conflict. Chandra (2006) believes that ethnic identity does not matter or has not been shown to matter in explaining most outcomes of violence. Fearon Laitin (2000) also argue after an enquiry into the relationship between ethnic identity and violence that the mere observation that ethnic identities are socially constructed is not so. In conclusion, the Psycho-cultural Theory simply argues that identity based on ethnicity explains the main reason for conflicts in society. The weakness of the theory makes it imperative for this study to be able to properly identify the sources of ethnic conflict in the Bawku Traditional Area in order to devise appropriate resolution mechanisms to them. Conceptual framework It remains evident that development is meaningfully achieved through the existence of peace. Peace here refers to the absence of violent conflict and effective conflict resolution which both border on security. Ethnic conflicts, very often, are intractable conflicts which involve values, claim to status, identity, deprivation of needs and external factors such as political infiltrations (Coleman, 2000). Thus, ethnic conflicts are often protracted and remain very difficult to resolve and their continuous existence poses danger to local level development and they tend to seriously hinder security which is needed to ensure peace for development. Ethnic conflicts as shown in Figure 1 primarily result from past historical and colonial experiences which are further exacerbated by factors like lack of access to power, resources and ethnic marginalization/stereotypes which are magnified by peoples struggle for their ethnic identity. The continuous ethnic polarization through these factors leads to violence (conflict) which results in low investments in local economic activities/commerce, decreasing agricultural, educational and health standards, insecurity, high dependency ratio, loss of lives and low incomes for individuals and families. The end result of all these, as seen in Figure 1, is decreasing levels of socio-economic development. The effective resolution of ethnic conflicts can have positive implications for development. Schoeman (1998) argues that a society in which people are secure (when violent conflict is properly resolved or is absent), will: Enable people to develop their communities; Enable people to be architects of their own lives; Enable people to come together to pursue economic and other development; and Enable people to participate in the development of the society. In resolving ethnic conflicts , one needs to focus on satisfying the basic needs which have been deprived (UN DESA, 2001) and also creating a proportional equality in deep-rooted cultural and identity issues (Richardson Jr. Wang, 1993) using third party intervention and inter-group cooperation (Horowitz, 2000; Lipchitz Crawford, 1995). All of these can be done by effectively engaging the conflicting parties in mediation, inter-group dialogue and third party intervention using indigenous methods. Issues which are mostly root causes of conflict when tackled properly results in effective conflict resolution thereby trickling down to sustainable peace which has implications for local development. Effects Core Problem Low Investment due to insecurity Destruction of Property and infrastructure General Insecurity Low Agricultural Production Low commerce Refusal to accept posting Low Income Decreasing Educational and Health Standards Retarded Development Ethnic Conflict High Dependency Ratio Low Income Loss of Lives Low Income Poverty Struggle for Ethnic Identity Lack of Access to Power. e.g. Chieftaincy and Political Connections Past Historical and Colonial Experiences Ethnic Marginalization Causes Lack of Access to Natural Resources. e.g. Land Decreasing Levels of Social/Economic Development