Kate Chopins The Awakening of Edna Pontellier

â€Å"She grew daring and reckless, overestimating her strength.  She wanted to swim far out, where no woman had swum before.† Kate Chopin’s The Awakening  (1899) is the story of one woman’s realization of the world and potential within her. In her journey, Edna Pontellier is awoken to three important pieces of her own being. First, she awakens to her artistic and creative potential. This minor but important awakening gives rise to Edna Pontellier’s most obvious and demanding awakening, one which resonates throughout the book: the sexual. However, though her sexual awakening may seem to be the most important issue in the novel, Chopin slips in a final awakening at the end, one that is hinted at early on but not resolved until the last minute: Edna’s awakening to her true humanity and role as a mother. These three awakenings, artistic, sexual, and motherhood, are what Chopin includes in her novel to define womanhood; or, more specifically, independent womanhood. Awakening of Artistic Self-Expression and Individualism What seems to begin Edna’s awakening is the rediscovery of her artistic inclinations and talents. Art, in The Awakening, becomes a symbol of  freedom and of failure. While attempting to become an artist, Edna reaches the first peak of her awakening. She begins to view the world in artistic terms. When Mademoiselle Reisz asks Edna why she loves Robert, Edna responds, â€Å"Why? Because his hair is brown and grows away from his temples; because he opens and shuts his eyes, and his nose is a little out of drawing.† Edna is beginning to notice intricacies and details that she would have ignored previously, details that only an artist would focus and dwell on, and fall in love with. Further, art is a way for Edna to assert herself.  She sees it as a form of self-expression and individualism. Edna’s own awakening is hinted at when the narrator writes, â€Å"Edna spent an hour or two in looking over her own sketches. She could see their shortcomings and defects, which were glaring in her eyes.† The discovery of defects in her previous works, and the desire to make them better demonstrate Edna’s reformation. Art is being used to explain Edna’s change, to hint to the reader that Edna’s soul and character are also changing and reforming, that she is finding defects within herself. Art, as Mademoiselle Reisz defines it, is also a test of individuality. But, like the bird with its broken wings struggling along the shore, Edna perhaps fails this final test, never blossoming into her true potential because she is distracted and confused along the way. Awakening of Sexual Freedom and Independence A great deal of this confusion is owed to the second awakening in Edna’s character, the sexual awakening. This awakening is, without doubt, the most considered and examined aspect of the novel. As Edna Pontellier begins to realize that she is an individual, capable of making individual choices without being another’s possession, she begins to explore what these choices might bring her. Her first sexual awakening comes in the form of Robert Lebrun. Edna and Robert are attracted to one another from the first meeting, though they do not realize it. They unwittingly flirt with each other, so that only the narrator and reader understand what is going on. For instance, in the chapter where Robert and Edna speak of buried treasure and pirates: â€Å"And in a day we should be rich!† she laughed. â€Å"I’d give it  all to you, the pirate gold and every bit of treasure we could dig up. I think you would know how to spend it. Pirate gold isn’t a thing to be hoarded or utilized. It is something to squander and throw to the four winds, for the fun of seeing the golden specks fly.† â€Å"We’d share it and scatter it together,† he said. His face flushed. The two do not understand the significance of their conversation, but in reality, the words speak of desire and sexual metaphor. American literary scholar Jane P. Tompkins wrote in Feminist Studies: â€Å"Robert and Edna do not realize, as the reader does, that their conversation is an expression of their unacknowledged passion for one another.† Edna awakens to this passion wholeheartedly. After Robert leaves, and before the two have the opportunity to truly explore their desires, Edna has an affair with Alcee Arobin.   Though it is never directly spelled out, Chopin uses language to convey the message that Edna has stepped over the line, and damned her marriage. For instance, at the end of Chapter 31, the narrator writes, â€Å"He did not answer, except to continue to caress her. He did not say good night until she had become supple to his gentle, seductive entreaties.† However, it is not only in situations with men that Edna’s passion is flared. In fact, the â€Å"symbol for sexual desire itself,† as George Spangler puts it, is the sea. It is appropriate that the most concentrated and artistically depicted symbol for desire comes, not in the form of a man, who may be viewed as a possessor, but in the sea, something which Edna herself, once afraid of swimming, conquers. The narrator writes, â€Å"the voice of [the] sea speaks to the soul. The touch of the sea is sensuous, enfolding the body in its soft, close embrace.† This is perhaps the most sensual and passionate chapter of the book, devoted entirely to depictions of the sea and to Edna’s sexual awakening. It is pointed out here that â€Å"The beginning of things, of a world especially, is necessarily vague, tangled, chaotic, and exceedingly disturbing.† Still, as Donald Ringe notes in his essay, the book is too often seen in terms of the question of sexual freedom.† The true awakening in the novel, and in Edna Pontellier, is the awakening of self. Throughout the novel, she is on a transcendental journey of self-discovery. She is learning what it means to be an individual, a woman, and a mother. Indeed, Chopin amplifies the significance of this journey by mentioning that Edna Pontellier â€Å"sat in the library after dinner and read Emerson until she grew sleepy. She realized that she had neglected her reading, and determined to start anew upon a course of improving studies, now that her time was completely her own to do with as she liked.† That Edna is reading Ralph Waldo Emerson is significant, especially at this point in the novel, when she is starting a new life of her own. This new life is signaled by a â€Å"sleep-waking† metaphor, one which, as Ringe points out, â€Å"is an important romantic image for the emergence of the self or soul into a new life.† A seemingly excessive amount of the novel is devoted to Edna sleeping, but when one takes into account that, for each time Edna falls asleep, she must also awaken, one begins to realize that this is just another way of Chopin demonstrating Edna’s personal awakening. Awakening of Womanhood and Motherhood Another transcendentalist link to awakening can be found with the inclusion of Emerson’s theory of correspondence, which has to do with life’s â€Å"double world, one within and one without.† Much of Edna is contradictory, including her attitudes toward her husband, her children, her friends, and even the men with whom she has affairs. These contradictions are encompassed within the idea that Edna was â€Å"beginning to realize her position in the universe as a human being, and to recognize her relations as an individual to the world within and about her.† So, Edna’s true awakening is to the understanding of herself as a human being. But the awakening goes further still. She also becomes aware, at the end, of her role as a woman and mother. At one point, early in the novel and before this awakening, Edna tells Madame Ratignolle, â€Å"I would give up the unessential; I would give my money, I would give my life for my children but I wouldn’t give myself. I can’t make it more clear; it’s only something which I am beginning to comprehend, which is revealing itself to me. Writer William Reedy describes Edna Pontellier’s character and conflict in the literary journal, Reedys Mirror, that â€Å"Woman’s truest duties are those of wife and mother, but those duties do not demand that she shall sacrifice her individuality.† The last awakening, to this realization that womanhood and motherhood can be a part of the individual, comes at the very end of the book. Professor Emily Toth writes in an article in the journal American Literature that â€Å"Chopin makes the ending attractive, maternal, sensuous.† Edna meets with Madame Ratignolle again, to see her while she is in labor. At this point, Ratignolle cries out to Edna, â€Å"Think of the children, Edna. Oh, think of the children! Remember them!† It is for the children, then, that Edna takes her life. Conclusion Though the signs are confusing, they are throughout the book; with a broken-winged bird symbolizing Edna’s failure and the sea concurrently symbolizing freedom and escape, Edna’s suicide is, in fact, a way of her maintaining her independence while also putting her children first.  It is ironic that the point in her life when she realizes a mother’s duty is at the moment of her death. She does sacrifice herself, as she claims she never would, by giving up the chance at all she could have in order to protect her children’s future and well-being. Spangler explains this when he says, â€Å"primary was her fear of a succession of lovers and the effect such a future would have on her children: ‘to-day it is Arobin; tomorrow it will be someone else. It makes no difference to me, it doesn’t matter about Leonce Pontellier—but Raoul and Etienne!’†Ã‚  Edna gives up the newly found passion and understanding, her art, and her life to protect her family. The Awakening is a complex and beautiful novel, filled with contradictions and sensations. Edna Pontellier journeys through life, awakening to the transcendental beliefs of individuality and connections with nature. She discovers sensual joy and power in the sea, beauty in art, and independence in sexuality. However, though some critics claim the ending to be the novel’s downfall and what keeps it from top status in American literary canon, the fact is that it wraps up the novel in as beautiful a way as it was told all along. The novel ends in confusion and wonder, as it is told. Edna spends her life, since the awakening, questioning the world around her and within her, so why not remain questioning to the end?  Spangler writes in his essay, â€Å"Mrs. Chopin asks her reader to believe in an Edna, who is completely defeated by the loss of Robert, to believe in the paradox of a woman who has awakened to passional life and yet, quietly, almost thoughtlessly, chooses death.† But Edna Pontellier is not defeated by Robert. She is the one making choices, as she has determined to do all along. Her death was not thoughtless; in fact, it seems almost preplanned, a â€Å"coming home† to the sea. Edna strips off her clothes and becomes one with the very source of nature that helped to awaken her to her own power and individualism in the first place. Further still, that she goes quietly is not an admission of defeat, but a testament to Edna’s ability to end her life the way she lived it. Each decision that Edna Pontellier makes throughout the novel is done quietly, suddenly. The dinner party, the move from her home to the â€Å"Pigeon House.† There is never any ruckus or chorus, just simple, impassioned change. Thus, the novel’s conclusion is a statement to the enduring power of womanhood and individualism. Chopin is affirming that, even in death, perhaps only in death, one can become and remain truly awakened. Resources and Further Reading Chopin, Kate. The Awakening, Dover Publications,1993.Ringe, Donald A. â€Å"Romantic Imagery in Kate Chopins The Awakening,† American Literature, vol. 43, no. 4, Duke University Press, 1972, pp. 580-88.Spangler, George M. Kate Chopins The Awakening: A Partial Dissent, Novel 3, Spring 1970, pp. 249-55.Thompkins, Jane P. The Awakening: An Evaluation, Feminist Studies 3, Spring-Summer 1976, pp. 22-9.Toth, Emily. Kate Chopin. New York: Morrow, 1990.

Narrative Techniques Used in Pride and Prejudice Essay

Throughout this passage from Pride and Prejudice, Jane Austen utilises various narrative techniques. These include dialogic qualities (showing) and the use of third person narrative including focalisation and free indirect speech (telling). Both showing and telling work on different levels to further the reader’s interpretation of different characters and give meaning to the novel as a whole. The use of dialogue allows the reader to engage in conversations between characters, thus adding drama to the novel and also giving an insight into the personalities of those speaking. In comparison, the use of telling permits the reader to observe the unspoken, private thoughts of characters and often allows for a deeper analysis of the novel. The†¦show more content†¦This technique of showing allows the reader to become more involved with the character’s feelings and provokes the reader into a response. In unison with the first paragraph, Elizabeth’s prejudice against Darcy is clearly visible. The numerous exclamation marks used by Elizabeth displays how strong her feelings against Darcy are and Austen’s choice of language ‘hate, misfortune, evil’ all emphasise further the negative light in which she views him. This considerable prejudice against Darcy is pivotal to the novel’s plot. The use of free indirect speech within the passage can be seen shortly after the dialogue between Elizabeth and Charlotte when Charlotte whispers to Elizabeth ‘not to be a simpleton and allow her fancy for Wickham to appear unpleasant in the eyes of a man ten times his consequence. The effect of presenting this in narrative form rather than direct speech gives the sense of generalized opinion and through hearing these words through the narrative voice, we as a reader are more likely to trust and see truth in Charlotte’s words as we trust the narrator more than any character. Of course, as the novel develops, we learn how true these words actually are. 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African Americans and Racial Diversity Free Essays

There are many organizations that advocate equality for African Americans in the United States. Many organizations will promote the African American race and show what concerns are being felt by their race. Those that advocate for their race give a description of how they fall in history, what discrimination they endured and what prejudice they still have to deal with. We will write a custom essay sample on African Americans and Racial Diversity or any similar topic only for you Order Now These groups and organizations promote the idea to bring discrimination to a stop in their cultures around the world. African Americans and Racial Equality African Americans have made their way to freedom, but have been left with a heavy burden of their ancestor’s slavery. Would they ever be seen as anything but slaves brought unwilling from Africa to the United States to be enslaved and be servants to the White Man? Those questions can be answered by looking at the history of African Americans and how they have become great leaders in this country. Rosa Parks may have not been the first Black woman to give up her seat on the bus, but she stared a chain of events that would eventually bring segregation to an end. That day in 1955, Rosa Parks paved the way for people like Barak Obama to become the first African American President the United States has ever had. Before that time, African Americans had endured slavery, segregation, discrimination, and prejudice because of the color of their skin. Many African American men fought for our country in the civil war so they could be granted freedom after they served. Butler (2013) stated, â€Å"the Fourteenth Amendment was added to the Constitution revoking that fateful decision and ensuring citizenship, with all its rights and esponsibilities, to everyone born in the United States regardless of race. † (para. 1). There have been several political, social, and cultural issues and concerns throughout American history. Some political issues African American have faces according to history. house. gov (2013) â€Å"Since 1870, when Senator Hiram Revels of Mississippi and Representative Joseph Rainey of South Carolina became the first African Americans to serve in Congress, a total of 139 African Americans have served as U. S. Representatives or Senators. Social issues among African Americans are discrimination and prejudice within the United States and beyond. Many are discriminated against because of their race. Many black men and women are deprived of the earning abilities of that of the White man. They make less money and live in poverty striking communities. Because of slavery, many African Americans feel as though they will never been seen equal to others because of their ancestors. Until this mind set changes, history will continue to run the ideas and future of African Americans. Some cultural issues among the African American throughout history would be being accepted into a culture. Many slaves when freed started large communities made up of just Blacks. Without the same education and opportunities as White men and woman, they fell into poverty and struggled to grow as respected Americans. This permits for crime rates to be higher because they had to survive any way they could if only by stealing to be able to live. These issues among African American still exist today. The NAACP has fought for African American rights for generations. According to â€Å"Naacp: 100 Years Of History† (2009-2013), â€Å"The NAACP seeks to remove all barriers of racial discrimination through the democratic processes. † (Founding Group). The have helped many African American groups with their right to vote because even after they were granted the right, many were still denied. The NAACP has fought along site African Americans to bring justice and rights to those people who worked so hard to become free and receive equal rights in the United States. The United States Supreme Court alleviated slavery, and wrote into law that ll people should be treated equal. They gave African Americans the right to vote and be equals in their communities and states. They also were granted the right to become government officials. Although these laws have been added, discrimination and prejudice still exist in the United States. The NAACP and other organizations have and continue to fight for the rights of African American and other races. Blackradicalcongress. org has a list of originations that promote blacks in our country. These groups give support to African Americans and show the history of their culture. African Americans may carry a heavy burden of slavery from their ancestors, but they have become the staples of our culture. Through their determination our country has changed to make way for new opportunities for us to grow as a Nation. Every man has equal opportunity to make change and live a life without discrimination and prejudice. It takes one person to show the world that change can happen. Let’s make a change. Let’s all live without discrimination and treat everyone as an equal to ourselves. Reference Butler, C.  (2013).  The African-American Experience FROM ENSLAVEMENT TO EMANCIPATION.  Retrieved from http://www.civilwar.org/education/history/african-american-experience/the-african-american.html History, Art Archives, U.S. House of Representatives, â€Å"Black Americans in Congress,† http://history.house.gov/Exhibitions-and-Publications/BAIC/Black-Americans-in-Congress/ (July 07, 2013) NAACP: 100 Years of History. (2009-2013). Retrieved from http://www.naacp.org/pages/naacp-history Black Organizations. (). Retrieved from http://www.blackradicalcongress.org/ How to cite African Americans and Racial Diversity, Papers

Daimler Chrysler free essay sample

In addition, Americans have a tendency to sometimes go off on tangents. While the Germans say they’re going to do something it mean that this is the agenda they stick to it. Daimler was an aggressive firm, which believed in hustling every possible way to make its company the number throughout the world. But, Chrysler was on the other hand an easy going and slow progress firm which believed in the production and flexibility of operation. In addition, the two units traditionally held entirely different views on important things such as pay scales and travel expenses. As a result of these differences and the German unit’s increasing dominance, employee satisfaction and performance at Chrysler took a steep downturn. There were large numbers of departures among key Chrysler executives and engineers. The German unit became increasingly dissatisfied with the performance of the Chrysler division. Chrysler employees became extremely dissatisfied with what they perceived as the source of their division’s problems: Daimler’s attempts to take over the entire organization and impose their culture on the whole firm. We will write a custom essay sample on Daimler Chrysler or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page At DaimlerChrysler, differences in compensation systems and decision-making processes caused friction between senior management, while lower level employees fought over issues such as dress code, working hours and smoking on the job. Language also became an issue. While most managers on the Daimler side could speak some English, not all were able to do so with the fluency needed for effective working relationships. Also, only a few Chrysler managers had any knowledge of the German language. For Chrysler innovation means to Look forward for new changes, converting ideas into profit, Passion of designing, developing and building greatest cars. For Daimler innovation means more analytical, more long-term looking, more technology-minded.

Thomas Jefferson Dbq Notes free essay sample

The declaration of independence By Thomas Jefferson Argument * Thomas Jefferson â€Å"Necessary for one people to dissolve the political bands which have connected them with another, and to assume, among the powers of the earth , the separated and equal station to which the laws of nature and of nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation† * Thomas Jefferson wanted all colonies to have freedom of speech, being entitled to their independence and their rights. Evidence * â€Å"We hold these truths to be self –evident – That all men are created equal; that they are endowed by their Creator with certain unalienable rights; that among these are life , liberty and the pursuit of happiness. † * â€Å"†¦. driving their just powers from the consent of the governments; that, whenever any form of government becomes destructive of these ends, it is the right of the people to alter or to abolish it, and to institute its power in such form as to them shall seem most like to effect their safety and happiness. We will write a custom essay sample on Thomas Jefferson Dbq Notes or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page   in General Congress assembled, appealing to the supreme judge of the world for the rectitude of our intentions , do , in the name and by the authority of the good people of these colonies , solemnly publish and declare, that these United Colonies are, and of the state of Great Britain is, and ought to be, totally dissolved; and that, as free and independent states, they have full power to levy war, conclude peace, contract alliances, establish commerce and to do all other acts and things which independent states may of right do. Appeals * Pathos- â€Å"that all men are created equal; that they are endowed by their creator with certain unalienable rights; that among these are life, liberty, and the pursuit of happiness. † * Logos-â€Å"the history of the present King of Great Britian is a history of repeated injuries and usurpations, all having, in direct object, the establishment of an absolute tyranny over these seas. * Ethos- Rhetorical Strategies amp; Analysis * Thomas Jefferson uses ANAPHORA as a rhetorical strategy within his speech repeating â€Å"He Has†. * Thomas Jefferson has a frame with in his speech he begins with stating his argument of human rights and ends with his argument.

Discuss the ways in which Shakespeare reveals Juliets feelings in her soliloquy in Act 4, Scene 3 Essay Example

Discuss the ways in which Shakespeare reveals Juliets feelings in her soliloquy in Act 4, Scene 3 Essay Example Discuss the ways in which Shakespeare reveals Juliets feelings in her soliloquy in Act 4, Scene 3 Paper Discuss the ways in which Shakespeare reveals Juliets feelings in her soliloquy in Act 4, Scene 3 Paper In Act 4, Scene 3, Juliet prepares to drink the potion given to her by friar Laurence. Before drinking, she says a soliloquy in which shows us her fear, loneliness and worries. Her feelings are shown to us effectively due to Shakespeares use of language and imagery.The isolation of Juliet is clearly emphasized at the beginning of her soliloquy. This is done by the way she wants to call her Nurse back. Ill call them back again to comfort me: We understand the loneliness and fear she experiences. Theres no one she can trust, not even her Nurse.We can also feel Juliets doubts creeping out. What if it be a poison? What if this mixture do not work at all? She is afraid that the friar may have given her poison so as to conceal his own dishonor in having married her and Romeo. Shakespeare successfully plants the doubts here by making use of words to make Juliet seem scared and confused. Juliets doubts in drinking the potion mirror that of Romeos in the coming scene, when he buys the poison from the apothecary.Juliet is also afraid with what could go wrong with the plan. Her terror is expressed by the frequent use of violent and gruesome language like bloody Tybalt and play with my forefathers joints. These are also imagery, which shows the horror of what could happen. The mouth imagery is also used her as she describes the vault as having a foul mouth where no healthsome breath breathes in. The imagery amplifies the terror and fear she has. Also, ironically, she worries about what would happen if she awakens too early but not what would happen if she awakens too late, which is exactly what happens.Juliets courage is expressed by her willingness to take the potion despite her fears and worries. This is due to the love she has for Romeo. She has taken the precaution of bring her knife with her in case the potion does not work. She clearly intends to carry out her threatened suicide if necessary and sadly, this is exactly what she does in the tomb.Shakespeare successfull y conveys the emotions that Juliet experiences, through her soliloquy. Her fear, loneliness, worries and courage is clearly expressed to the audience by the use of imagery and the clever use of words. A great deal of irony is also used in this soliloquy and the image of Juliet drinking the potion as a toast to Romeo is full or irony and is also echoed later at the end of the play.

Marketing plan Essay Example | Topics and Well Written Essays - 500 words - 1

Marketing plan - Essay Example Observing competitors’ plans, market segments, customers attitude to them and their strengths can help a business to understand how to structure their markets (Bangs, 2002, p. 61). Major competitors of Pizza Restaurant are other few Hotels, Restaurants and Resorts in nearby cities. Out of them, Eat-Fresh is a large scale restaurant, providing greater facilities like dancing and entertainment for customers, that has a customer base of around 2000 people per day. It has adopted various promotional strategies. Hotel Zigzag also attracts more than 1500 visitors a day and serves multicultural food to people who reach there from various parts of the world, and has been successful with its customer-focus strategy. Al-Raid and Hill-View are two other competitors, attracting 500 to 100 visitor a day, who provide variety of amenities to facilitate entertainment, with their customer-loyalty strategies. Answer to Question- 2 Pizza Restaurant is located in a large city in Riyadh, Saudi Ara bia, where large industries and oil refineries contribute greater money flow to the economy and therefore people in Riyadh are more rich than in other parts of the country. More than 60% of the people are from Rich hippies and they are very likely to spend their times in restaurants, not only for their hunger but also meet their entertainment purposes.

Legal, security, or privacy issues within electronic commerce Assignment

Legal, security, or privacy issues within electronic commerce - Assignment Example These provisions relate to the issue of software updates. The law is controversial, although it aims at reducing malware and spyware, because it affects firms that produce legitimate software. It became illegal for companies, through their websites, to install software on the users’ computers automatically. This meant that such a process of software installation required explicit consent from the users. However, certain exemptions to the law include JavaScript, HTML, cookies related to the operating system, and bug fixes. In my personal opinion, the law is essential for the users’ online privacy and security. However, I feel that most companies and organizations are not prepared for the law and they may require more time to accept the change. The event influences my perception of the organizations in terms of their limitation in the resources that facilitate the adoption of the law. Firms and individuals have a hard time dealing with the temporal spam in the messages sent, in reaction to the anti-spam

DETAILED COMPARISON BETWEEN ACT AND RULE UTILITARIANISM Essay

DETAILED COMPARISON BETWEEN ACT AND RULE UTILITARIANISM - Essay Example A good consequence is determined in terms of pleasure or happiness (both intrinsic and instrumental), according to Bentham. So, his concept can also be termed as â€Å"hedonic utilitarianism† since he experimented logically that we look for pleasure (hedonism) and avert pain, assuming that both pleasure and pain hold an impact on our decisions, although we are conscious of right or wrong and cause or effect. Two forms of utilitarianism, act utilitarianism and rule utilitarianism are in conflict with each other. Act utilitarianism, being a results-oriented theory, supports consequentialism, assuming right or wrong on the basis of outcomes. Instead, rule utilitarianism, being an idealistic and inflexible theory, is based on rules involving conduct and related principles. Believers of rule utilitarianism don’t violate the rules, approved by mainstream. Act Utilitarian upholds that the principle of utility must be employed in all individual situations, whenever possible. Bentham indicates that most vital attributes to determine what is moral are pleasure and pain. The practicality of an action decides its rightness or wrongness, bringing about the utmost good from countless evolving outcomes. For instance, if you are in a state where you consider lying to be a supreme good, at that point, you should lie. If infringement of law leads towards ultimate good of a particular act, then that act would be correct to adhere to. Likewise, Act Utilitarianism allows for flexibility, considering individual situations and identifying the right action strategy to produce extreme happiness. Conversely, Rule Utilitarianism, associated with John Stuart Mill, concentrates on common rules that each person must obey to lead towards the greatest community benefit. Unlike Act Utilitarianism, Rule Utilitarianism institutes the best rules, followed by the whole community, though it doesn’t head

Empirical Analysis of Firing Disputes

Empirical Analysis of Firing Disputes Are Common Perceptions on Termination Cases in Mexico Supported by Empirical Data Abstract Using a random sample of cases from the Federal Labor Court in Mexico, this research analyzes firing disputes in Mexico from an empirical perspective. In particular, it focuses on presenting evidence in regard to the following three common perceptions on termination cases: (i) that they are often terminated by an adjudicated decision; (ii) that they are extremely delayed; and (iii) that the final payments obtained by the workers are extremely high. The statistical evidence suggests that an emphasis in the literature and media on a particular subsample of cases with extreme characteristics (e.g. adjudicated or appealed processes) produces these conceptions. The study concludes with a brief comment regarding the importance of empirical studies as a way of better understanding legal phenomena in Mexico. Table of contents I. Federal labor tribunals in Mexico II. Methodology and Data III. Results and Discussion A. Termination payments are extremely high B. Termination cases are extremely delayed C. Termination cases normally go to trial IV. Conclusion Although the analysis of the law in Mexico has changed slightly in the last years, Pounds vision effectively reflects the atmosphere of pure law of the Mexican mainstream. The analysis of labor law in Mexico—the general topic of this research—reflects this analytical path. In fact, the overwhelming majority of the literature related to labor justice has been doctrinal and normative. These studies often ignore factual evidence of how the legal framework affects the legal reality; and if some evidence is presented, it is merely indicative or anecdotal. This doctrinal research figures prominently in public policy debates. This study departs completely from the Mexican mainstream insofar as it is an empirical study based on case file analysis. The research results are based on a random sample of 3,203 files selected from the Junta Federal de Conciliacià ³n y Arbitraje (JFCA) archive. These files correspond to termination cases presented before the Tribunal 15 of the JFCA (Tribunal 15), a labor tribunal (Junta Especial) whose jurisdiction includes the pharmaceutical, chemical, automotive, and paper industries; and the Tribunal 6 and 8 of the JFCA (Tribunal 6 8), the labor tribunals whose jurisdiction includes the textile industry. The period studied extends from 1991 to 1998. Note that case file analysis has been used extensively in other countries with fruitful results. The objective of this research is to characterize empirically the termination disputes in Mexico in the context of the tribunals analyzed. In particular, it focuses on presenting evidence in regard to the following three common perceptions on termination cases: (i) that they are often terminated by an adjudicated decision; (ii) that they are extremely delayed; and (iii) that the final payments obtained by the workers are extremely high. This article is divided into three sections. The first section explains the operation of the federal labor tribunal in Mexico. The second section describes the data and the methodology. The third section examines the above mentioned perceptions on termination cases. I. Federal labor tribunals in Mexico The JFCA is an administrative court that belongs to the executive branch. Because of this dependency, Mexican legal authors have questioned its degree of judicial independence. The JFCA consists of 61 labor tribunals, called Juntas Especiales. Sixteen tribunals are located in Mexico City, and the remainders are dispersed throughout Mexico. Labor tribunals have the legal power to conciliate and adjudicate. In fact, the LFT mandates at least one conciliation hearing before trial. Among the labor tribunals, jurisdiction is determined by industry. Although the labor law openly promotes settlement of disputes, it does not permit the settlement terms to remain confidential. The relevant tribunal must ratify the settlement for it to become binding. An employee cannot credibly forfeit the right to sue his employer unless and until the court approves his settlement. Employers and workers very often submit a settlement jointly to the labor court simply to obtain ratification, which then makes the agreement binding. The approval of settlements primarily serves as a mechanism for confirming that the worker has not renounced some legal benefit and for making the agreement binding at law. Tribunals must record details about the settlement, such as the date of the settlement and the amount paid. Once a lawsuit is filed, the tribunal with jurisdiction over the dispute must schedule at least one conciliatory hearing. At the conclusion of that hearing, the tribunal schedules subsequent hearings for the presentation of evidence and for trial. At any point during the process, however, the suit can be terminated by a settlement. The tribunal must approve this settlement. In fact, the parties can agree to defer hearings if they think they need more time to negotiate the terms of the agreement. If no agreement is reached, a tripartite commission composed of an employer representative, an employee representative, and a government representative may issue an award deciding the dispute. Note that the employee may also drop the complaint at any point during the lawsuit. As noted in the tables below, dropped lawsuits are not uncommon. An appeal mechanism, the juicio de amparo, is available to challenge the resolutions of the tribunal. Note that the parties cannot only challenge the final decision issued by the tribunal, but also other decisions that could potentially affect the outcome of the case, for instance, the fact that the tribunal notified the employer about the workers complaint in an incorrect manner. It is fair to state that the scope of review of the juicio de amparo in labor cases is limited to protect the due process rights of the parties. II. Methodology and Data Clermont Eisenberg divide legal studies based on statistical research into three groups depending on the way in which the data is assembled. Studies of published judicial decisions, studies based on data produced by experimental work or by archival research, and studies involving analyses of publicly available, and usually governmental, databases. The present study fits into the second category, legal research based on archival data. The logic behind analyzing archival cases is simple: random samples of large dockets can provide us with useful information to analyze the patterns of litigation in a particular tribunal. This is particularly relevant when there is no information available—or only very incomplete information—on how certain type of legal dispute is resolved. In particular, information regarding labor disputes is extremely general and imprecise. The data used for this research was obtained through a public information request under the Ley Federal de Transparencia y Acceso a la Informacion Publica Gubernamental, the law that regulates the access to public governmental information. While some of the variables used in this study are considered public information under this law, other variables are not public information, and have been obtained under a confidentiality agreement. The confidentiality agreement was negotiated with the authorities of the JFCA, who only authorized to review those cases that complied with the following characteristics: (1) closed cases that cannot be reopened by the parties anymore, (2) and cases that had been initiated in 1998 at most. Given these constraints, I was able to assemble a random sample of cases initiated between 1991 and 1998 in Tribunal 15 and Tribunal 6 8. Note that these years refer to the dates in which the cases were presented before the labor tribunals, and not to the dates in wh ich the cases were actually solved. There are two main types of cases observed in the sample: filed settlements and litigated cases. In filed settlements, the employer and employee file a jointly agreement, which is merely ratified by the tribunal. In litigated cases, the parties usually present and produce several documents, such as the employees initial petition, the employers response (if any), the terms of agreement reached if the case is settled, the final award issued by the tribunal if the case is not settled, and the appeals carried out by the parties. Note that litigated cases have three possible outcomes: dropped suits, settlements, and trials leading to a final decision issued by a tripartite commission. As mentioned before, the final decision is known as an award (laudo). Using the information from the documents mentioned in this paragraph, I calculated the duration and the final payment of the cases handled by Tribunal 15 and Tribunal 6 8. These calculations will be presented in further tables. A comment should be made on the validity and usefulness of the results coming from the data analyzed. First, the LFT has not been substantially modified since its enactment in 1970. Second, and based on five interviews with representatives of the government from five federal labor courts that handle similar disputes, it is reasonable to state that the solving pattern of the termination disputes here portrayed is accurate and reflects the current situation. III. Results and Discussion A. Termination payments are extremely high Some Mexican authors have analyzed the LFT from an economic perspective. Basically, their argument is that the LFT should be modified to eliminate all those provisions that create restrictions on hiring, mobility, and termination of employees. These legal restrictions, originally designed to protect the worker, generate a higher social cost than benefit. In particular, these authors claim that the LFT raises termination costs, diminishing the quantity of labor that an employer hires below the socially efficient level. This argument assumes that most of the termination payments are paid according to the LFT and are thus extremely high. No empirical evidence concerning this assumption has been produced. Before presenting the empirical evidence, the rules regarding termination payments should be explained. These rules, provided in the LFT, mainly refer to the provision of fringe benefits, overtime, and the mechanics of termination. Fringe benefits are mainly composed of vacation pay and year end bonuses. Each employee is entitled to a certain number of days of paid vacation depending on his or her tenure at the firm. Also, every employee has the right to receive an end of the year bonus equal to at least 15 days wages. A normal workweek cannot exceed 48 hours. If an employee works more than 48 hours in a single week, he is entitled to overtime pay. The law mandates double pay for up to 9 hours of overtime, and triple pay for any hours above 57 per week. Terminations are classified under the law as justified or unjustified. Justified termination is limited to wrongdoing on the part of the worker, such as three continuous unjustified absences. Termination for any other reason, such as low employee productivity, is considered unjustified and it often implies higher termination cost. For either type of termination, the firm must cover all payments owed to the worker up to the termination date, including overtime and the prorated proportion of fringe benefits until the termination date. Additionally, the worker is entitled to severance pay equivalent to 12 days wages for each year worked, with the wage rate capped at twice the minimum wage. At the time of termination the firm must issue the worker a written document explaining the exact cause of termination as defined by the LFT. Workers have the right to challenge the grounds for termination. According to the LFT, the firm carries the burden of proving that it fired the worker for just cause. Workers terminated in an unjust manner have the right to receive two additional payments. Back pay from the termination date through the date when judgment is issued (including not only the salary, but also the fringe benefits), plus three months salary with benefits. Also, those workers who are denied reinstatement are enti tled to 20 days wages plus benefits for each year worked, without any cap on the wage rate. Note that a worker who proves he was fired without justification can request to be reinstated in his job. The firm may refuse reinstatement for certain categories of workers, such as temporary workers, those with less than one years tenure, and those considered to be at will employees. A firm may also avoid having to reinstate workers it fires in the case of justified layoffs. Table 1 presents the average final payments obtained by workers depending on the form in which the cases concluded. Both absolute and relative amounts are shown. Relative amounts correspond to the amount that workers win as a percentage of the amount they claimed. The data demonstrate that fired workers who initiated a lawsuit usually claimed considerable amounts of money that seldom obtained. Also, note that workers who resolved the case through a filed settlement or a settlement reached during the lawsuit had better final payments. Interestingly, in cases solved by an award, the decision of the parties to appeal increased the amount received by the worker. As the tables portray, most of the termination cases do not receive an extremely high final payment, which contradicts the widely held assumption of the Mexican media and Mexican academic literature. Although this section only presents a descriptive analysis of the data, these results deserve much more attention and analysis in future research. B. Termination cases are extremely delayed This section presents empirical evidence that supports the idea that the duration of termination cases is not necessarily extremely delayed, but it actually depends on characteristics of the dispute like the termination mode, the decision of the parties to challenge the tribunal decisions, or to defer the case. Many Mexican legal scholars have criticized the fact that labor procedures are extremely formal and complicated. According to this view, procedure is the main source of delay in labor disputes. Proposals for diminishing delays in labor disputes include: improving the conciliation system , hiring more legal clerks , replacing the old technology in the JFCA (i.e. principally computers) , and, of course, changing the law to eliminate procedural complexities. The LFT procedures do not limit the time period for case resolution; rather they establish a term in which each action in the process should be completed. The goal of establishing such terms is to create a fast labor procedure (article 685). The labor statute requires different types of procedures depending on the case at issue. The procedure by which termination cases are solved is known as ordinary procedure (article 871). The ordinary procedure starts when the employee files a claim before the JFCA (article 871). After this claim is admitted, the parties are scheduled for a hearing (article 873). The hearing has three stages: the conciliation stage; the claims and exceptions state; and finally, the stage of submission and admission of the evidence (article 875). Each one of these stages has particular time and form characteristics according to which it operates. Article 876 governs the conciliation stage. The goal is for the parties to reach a conciliation agreement through the intermediation of the tribunal. If the parties reach an agreement, the disputed is terminated and the tribunal endorses the corresponding agreement. This agreement, like an award, is enforceable. If the parties do not reach a conciliation agreement, the hearing proceeds to the claims and exceptions stage. Article 878 also governs this stage. The worker presents his claim, and the employer answer him. After this stage, the submission and admission of the evidence stage occurs, which article 880 governs. Next, the evidence is presented before the tribunal in another hearing governed by Article 884. When all these stages have been completed, a legal clerk creates a draft of the final ruling. This draft has to be approved by members of the tripartite panel (the representative of the employees, the employers, and the government). This process follows the rules established in articles 887, 888, and 889. After approval, and if no corrections are proposed, the draft is turned into the award. According to the terms established in the statute for each one of these proceedings, an ordinary procedure should be resolved in 75 effective court days. As table 2 portrays, the average duration of an ordinary procedure (i.e. case solved by an award without being appealed or being deferred) in Tribunal 15 is 440.76 effective court days, and in Tribunal 6 8 is 419.89 effective court days. Several things should be clarified with regard to the description of the ordinary procedure. First, although the labor statute speaks of one hearing divided into different stages; in fact, there are different hearings in which all these stages are completed. Therefore, if the parties cannot reach an agreement after a conciliation hearing, the conciliation continues in the next hearing, and the subsequent stage is postponed and so on. Second, the statute permits the parties to defer the hearings if both sides agree. In other words, if the parties are in the process of negotiating a conciliation agreement, they can ask the labor tribunal for more time. According to table 2, this is not unusual. Third, although the statute specifies that the conciliation stage should be performed at the beginning of the case, the parties can reach a conciliation agreement at any time during the ordinary procedure, even after the conciliation stage has passed. Fourth, the description portrayed for the or dinary procedure does not account for whether the parties (either the employee or the employer) decide to appeal the award or not. If the parties decide to appeal the award issued by the judge, the procedure should be extended by no more than 45 days until the appeal sentence is rendered. Table 2 portrays that the duration of the case increases considerably when the parties decided to appeal the rulings of the labor tribunal. While cases concluding through an award that was not appealed took 450.45 effective court days to be solved in Tribunal 15 and 442.69 effective court days in Tribunal 6 8, cases concluding through an award that was appeal took longer: 904.79 effective court days to be solved in Tribunal 15 and 790.28 effective court days in Tribunal 6 8. The ordinary procedure requirements suggest the excessive formality of the process for resolving termination cases. The real question is how many cases actually pass through all these complicated stages. Table 2 shows the average duration of cases in court effective days depending on certain decisions of the parties, particularly, their decision to appeal the tribunals rulings and to defer the case. Note that 56.97% of the total cases from Tribunal 15 and 23.48% of the total cases from Tribunal 6 8 were filed settlements. These cases were resolved without passing through any of the above mentioned stages of an ordinary procedure and went to the court as a mere formality. The situation is different for litigated cases. Litigation cases are divided between those cases in which the parties deferred the case at least once and those in which the parties never deferred the case. As noted in the tables, the average duration is regularly higher when the parties decided to defer the case tha n when they chose not to defer it. Observe that the difference in duration of a lawsuit also depends on the parties decision to settle, drop, or go to trial seeking an adjudicated award. Finally, the duration of the case depends on whether the parties chose to appeal the rulings of the tribunal or not (including the award). Therefore, it is clear that when an award is issued to resolve a labor dispute or when the parties challenged the tribunals decision, the case was more delayed. However, the real question is how frequently this situation actually occurred. According to the evidence presented here, termination cases were rarely solved through an award (6.09% in Tribunal 15 and 9.76% in Tribunal 6 8), and even more rarely through an award issued after an appeal (1.88% in Tribunal 15 and 2.55% in Tribunal 6 8). Adjudicated awards and appeals appear to be more the exception than the rule. Short settled cases (i.e. filed settlements and settled lawsuits without appeal) instead of long disputes seem to be the typical termination case. Finally, and given the results presented in table 2, it is reasonable to believe that the substantial length of the adjudication process could be itself a contributing factor to the settlement of most cases. Although a profound analysis of such idea goes beyond the scope of this work, it should definitely be considered in further empirical studies. C. Termination cases normally go to trial The media and legal scholars in Mexico have portrayed Mexican labor justice as complicated, corrupted, delayed, and costly. This vision has deeply shaped the perception of the labor justice system. Cases reflecting the view of delayed justice and low final payments appear in the random sample of cases analyzed in this study. Although these cases exist in the data set, they do not at all reflect the typical case. First, case 1/1991 , which began in 1991. In this case, a 26 year old man filed a claim of unjustified termination. He worked in the state of Oaxaca, in a paper factory. He had worked for almost five years receiving a daily wage of $78 pesos and claimed $191,900 pesos. A public defender represented him. In 1995, after four years, an award issued by the judge determined that the termination had been lawful. Thus, the claim was dismissed without any payment to the worker. Second, case 2/1994, which began in 1994. In this lawsuit, a 32 year old man also claimed an unjustified termination. He worked in the state of Chihuahua for a pharmaceutical firm. He had worked for six years and received a daily wage of $307 pesos. A private lawyer represented him, and the amount at stake was $922,429 pesos. The lawyer appealed the first award, which had favored the employer. The final decision, rendered near the end of 1997, favored the worker, but only granted him $7,894 pesos. The case took slightly more than three years of effective court time; and interestingly, the parties decided to defer the case once during the process. At the end of the day, the worker waited three years and received only a small fraction of his original claim (less than 10%). Although the cases portrayed above match the descriptions provided in the news for termination cases that reach the trial stage, it is not clear that these cases are representative of the typical termination case with which the tribunal commonly deals. Other cases in the sample reflect a completely different result. In other words, high payments and little court time. For example, case 3/1994 began in 1994 when a 50 year old man from Mexico City claimed an unjustified dismissal after more than thirteen years of work at a well known pharmaceutical company. The case did not reach judicial evaluation of the merits, and was settled only three months after filing. Interestingly, the parties decided to defer the hearings twice, and a private lawyer represented the employee. The employee, who claimed $267,115 pesos, received $214,959, 80% of his original claim. In another termination case, 4/1997, a 57 year old man filed a lawsuit against a pharmaceutical company asking for $1,364,927 pesos. The employee had a 22 year tenure and a daily wage of $2,472 pesos daily salary. The case was settled after ten months, and the employee obtained $1,001,167 pesos, 73% of his original petition. Again, a private lawyer took the case, and the parties deferred the hearings twice. Note two relevant commonalities in the two cases presented: both settled before reaching the trial stage, and the parties decided to defer the hearings at some point in the process. This study finds that settled cases more accurately reflect the resolution of Mexican labor disputes than the cases highlighted in the media, which typically cover cases that go to trial and terminate with an adjudicated award. In other words, the media emphasize cases that usually take a long time to resolve; and in particular, cases in which workers obtain outlying results (very low or high payments). Although these cases eventually come up in labor tribunals, they are rare. A bias for highlighting cases that go to trial has been identified several times in the literature. Laurence Ross and Alfred Conrad showed, in 1970 and 1964 respectively, that only a very small fraction of disputes go to trial and an even smaller fraction are appealed. Consequently, an analysis based only on those cases that go to trial is not representative of the influence of legal rules on social affairs. The conclusions of doctrinal studies based on trials or appealed cases disclose very little about how legal rules affect the behavior of those subject to them or affect the generation of legal disputes themselves. Mexican literature concerning labor law in general, and particularly termination cases, has followed this pattern. The methodological problem in studying only final decisions, like appeals or awards, is that the: simple extrapolation from a sample of litigated cases to the population of all cases is valid only if the sample is random. If cases are not randomly selected for litigation, then a researcher who uses litigated cases is necessarily studying both the selection mechanism and the underlying population of cases simultaneously. The particular set of data gathered for this research avoids this problem to a great extent. First, as explained earlier, the labor statute requires parties to ratify terminations before the labor tribunal for the termination to become legally binding. If an employer fires an employee and wants to have a legal document verifying that the employee was fired without any violation of the provisions of the law, he needs to ratify his dismissal agreement before the labor tribunal. Therefore, termination cases (the underlying dispute) should pass by the court, at least for ratification. Second, cases sampled not only include filed settlements, but also cases that starte d as lawsuits and were later settled, dropped, or decided by an adjudicated award. In short, the random sample of cases studied accurately represents the solving pattern of termination cases because the cases analyzed are a random sample of the underlying disputes, not a random sample from a particular biased sub sample. Table 1 and 2 portray the solving pattern of termination cases in Mexico. Statistics from these tables suggest that the typical termination case is settled in some fashion, and that awards are issued occasionally. A brief survey of the Mexican literature shows that one of the main concerns for labor reformers in Mexico is the long delay in solving disputes. Table 1 and 2 show that this perspective is imprecise. Most of the disputes went to court merely seeking a ratification of the parties agreement and were solved the same day they were presented. On the other hand, if the dispute was not a mere ratification but litigation, duration varied greatly according to the way of solving the dispute and to the parties decision to appeal the tribunals decision (particularly the award). Therefore, it appears that when studies and news refer to delay in labor justice, they actually refer to a sub sample of cases with certain characteristics, in particular, to those cases that finish with an adj udicated award, are appealed, or both. Many analyses of Mexican labor justice in general, and of termination cases in particular, have not seen the whole picture, but only a small fraction of cases with extreme characteristics. These works, though somewhat useful, tend to be biased in their conclusions, and they definitely do not appear to be the best guide for implementing public policy measures or legislative changes. Interestingly, according to the tables, a final judgment (i.e. award) was issued only in 6.09% of the total cases sampled in Tribunal 15 and in 9.76% of the total cases sampled in Tribunal 6 8. Alexander reports that fewer than 5% of litigated cases are tried to judgment in the U.S. Trubek et al. state that approximately 8% of civil suits filed in state or federal court went to trial. Also, Resnik notes that 85% to 90% of all federal civil suits end up settling. Note that 86.14% of the sampled cases were settled in some manner in Tribunal 15 and 77.80% in Tribunal 6 8. Therefore, the results of the present study are consistent in supporting the conclusion that cases that go to trial provide only a distorted window into peoples behavior in response to legal rules. IV. Conclusions This article seeks to analyze termination using empirical evidence. Using a random sample of cases from three Mexican labor tribunals, this work has analyzed three widely held perceptions on termination cases, which are commonly supported by the Mexican media and some Mexican legal scholars. The conclusion is straightforward: the perception of termination cases in private industry has been biased by a sub sample of cases with extreme characteristics, cases that go to a final judgment or are appealed. Interestingly, this biased has not been detected by research on labor law produced by Mexican scholars who study the law from a doctrinal perspective, proving that limiting the study of the legal system to doctrinal analyses of legal norms could lead to erroneous conclusions. Approaching research questions from an empirical perspective is necessary, and it will eventually reveal new features of the Mexican legal system.

Comparing Marlow of Heart of Darkness and Willard of Apocalypse Now Ess

Comparing Marlow of Heart of Darkness and Willard of Apocalypse Now      Whenever books are adapted for film, changes inevitably have to be made. The medium of film offers several advantages and disadvantages over the book: it is not as adept at exploring the inner workings of people - it cannot explore their minds so easily; however, the added visual and audio capabilities of film open whole new areas of the imagination which, in the hands of a competent writer-director, can more than compensate. Heart of Darkness relies heavily on lengthy philosophical and expository passages, as well as some very unusual and complex imagery; â€Å"not the easiest material to rewrite as a screenplay† (Canby, 18). However, rewrite it Francis Ford Coppola did, altering the time and place of the novel from 19th century Congo to 20th century Vietnam. Coppola made an original film, with concepts and ideas taken from Heart of Darkness, rather than making a straight film version of the book. Consequently, there are many similarities and differences between the film and the book. The character of Marlow is renamed Willard in Apocalypse Now. This is noteworthy; the character of Kurtz has the same name in both the text and the film, so why not Marlow? â€Å"This is probably because the character of Kurtz in the film is almost identical to that in the book, whereas Willard is very different from Marlow† (Benner, 34). Kurtz is the person who has disconnected himself from society; he is not tied to any particular era, so his character works just as effectively in the 20th century as in the 19th. However, Marlow is the ordinary person in Heart of Darkness - the one ordinary man in the entire book, more-or-less; he is what ties the book into the society of ... ...tif/Symbol/Metaphor http://164.116.90.3/public/jarvinen/an.html (accessed 23 Jan. 2000). Benner, Ralph Heart of Darkness: A film review by Ralph Benner http://uk.imdb.com/Reviews/57/5777 created 1996 (accessed 26 Jan. 2000). Canby, Vincent. "Apocalypse Now." The New York Times Film Reviews. New York: The New York Times & Arno Press, 1981. Conrad, Joseph. Heart of Darkness & The Secret Sharer. New York: Penguin Books, 1978. Fortmeyer, Russell. 'Apocalypse' cast filled with rage http://collegian.ksu.edu/issues/v099B/fa/n022/a-e-apocalypse-fortmeyer.html created 1994 (accessed 23 Jan. 2000). Heart of Darkness: Theme/Symbol/Allusion/Foreshadow http://164.116.90.3/public/jarvinen/hod.html (accessed 23 Jan. 2000). Urch, Martin. Apocalypse Now: A film review by Martin Urch http://us.imdb.com/Reviews/30/3030 created 1994 (accessed 23 Jan. 2000).