Intellectual property law (UK) Essay Example | Topics and Well Written Essays - 2000 words

Intellectual property law (UK) - Essay Example The present UK law regulating trademarks is the Trade Marks Act 1994. According to the Act, a "trade mark" means any sign capable of being represented graphically, which is capable of distinguishing goods or services of one undertaking from those of other undertakings. A trademark may, in particular, consist of words (including personal names), designs, letters, numerals or the shape of goods or their packaging.1 It is clear that any sign, including designs, is capable of being registrable when conditions are met. Shape of goods can be registered as trademarks. Though not explicitly worded, it is accepted that shapes include both two-dimensional and three-dimensional shapes. The general elements of a trademark include the capability of being represented graphically and distinguishing the goods or service from those of other undertakings. The distinguishing, or, distinctive capability of a trademark is essential, which can be seen from many UK and EU cases. For example, in the Procter & Gamble Company v Office for Harmonisation in the Internal Market, a registration was applied for a square tablet with slightly rounded edges and corners, but the registrar refused the application under Article 38 of Regulation No 40/94 on the ground that the mark applied for was devoid of any distinctive character.2 Descriptive Trade Marks This trademarks law is in contrast to what we will refer to as "descriptive" trade marks-that is, naming a product or company using words that describe what it is or what it sells. For instance, if one were to open a blue jean manufacturer in London, and refer to the company as "London Blue Jeans" this is considered a "descriptive trademark, and until recently was not allowed under UK law due to the highly descriptive nature and arrangement of the words. Rights of Trade Marks The UK Trade Mark Act 1994 Article 9 (1) provides that "the proprietor of a registered trade mark has exclusive rights in the trade mark which are infringed by use of the trade mark in the United Kingdom without his consent." This article and Article 43 (1), which provides that the registration of a trade mark may be renewed at the request of the proprietor so long as the renewal fee has been paid3, conferred actually perpetual monopoly on the proprietors. Purpose and rationale: General rationale of IP law The intellectual property rights, argued by economists, are accorded in that if everyone would be allowed to take the advantage of the results of innovative and creative activities freely, the problems of "free rider" would have been rise. Therefore, no one would try to create anything, such as a car or plane if no special advantages would be given, and the economic growth and prosperity would become impossible. The IP law, to solve the problem, confers rights on those who invested (the creator, inventor or who paid for it) on the creations the right of monopoly to ensure that they would make use of the creation to maximize profits4. However, at the same time, there is also a principle of IP law to afford free accesses to those rights to the public after a certain period of monopoly in that it will enhance the economic development of the society with trade mark as an exception. Purpose and rationale: Trade Marks Law The function of trade marks, non-exceptive

Good to Great - by Jim Collins Essay Example for Free

Good to Great by Jim Collins Essay I found my reading of Good To Great by Jim Collins very informative and even entertaining. It is interesting to me his concepts and perceptions and how although when you read them they seem rather elementary and obvious, Mr. Collins is indeed an outside the box thinker/writer and it is because of his ease of explaining his concepts that the message simply comes across as easy. The main idea that is presented in this book is that â€Å"Good is the Enemy of Great. † At first glance I had to re-read the statement to make sure I understood it correctly. My immediate response was to understand it as all too often people, and business decision makers, have a simple goal of being good at what they do. Mr. Collins and his research team were able to whittle that idea down to a handful of concepts that although many have the perception are good, but don’t clarify their exact goals of greatness. The first concept of Good To Great was Level 5 Leadership. Companies may have great product, great sales, great marketing, etc. but what makes them better than Good? What makes takes them to the Great level? Their Leadership. During the research of this book Mr.  Collins and his team identified multiple characteristics these leaders had that lead their company above and beyond just the Good status. Of these the common factor I understood was that of humility and giving credit to his surrounding personnel. Keeping the focus off of â€Å"look what I did† but rather keeping the focus off them, but at the same time taking responsibility for the mistakes of the company as a whole that they were in charge of looking after. These personalities also showed a great level of commitment and loyalty to their companies and tended to have been promoted from within. Thus having a firm understanding of the culture of the company and knowing a long term goal of the company. Secondly the book introduced the concept of â€Å"First Who, Then What†. I related this concept to the phrase â€Å"Trimming The Fat†. Great leaders realize that if you’re only as good as your support, than you better get the right support in the right places. The Level 5 Leader would have to find those that could lead as well. If you have the right thinkers and decision makers in the right positions, then the â€Å"what† could be figured out. By having the right decision makers from the get go then the goal was already on its way to Great. By doing so you are training your supports to eventually be capable to take your place and instilling a long term succession of the company’s goals for great. The next concept given was Confront the Brutal Facts With Unwavering Faith. Expanding on having placed the right â€Å"Who† where it was most beneficial, it is equally important to stay focused no matter the difficult time. The chapter focused on sticking to your guns, having faith in your company, and seeing the obstacle though. This again focused on loyalty to the company. As time goes on and the tough time regains it’s momentum back into the right direction, Problem solving starts with asking the right questions. It’s more proactive to take control of our future than being reactive and leaving the destiny up to chance. Companies that were able to make it through the ups and downs of success on their way to Great. Another aspect was for these decision makers to be honest with them and be willing a capable of confronting the hard questions that perhaps they didn’t want the answer to. But, faced the brutal facts head on. Fourth is the â€Å"Hedgehog Concept†. This was probably my favorite concept and I think will be the most important lesson I will take and use in my career path. The comparison was stated, â€Å"The fox knows many things, but the hedgehog knows one big thing†. I think all too often it gets confused that if you’re in charge and making decisions you have to be the most knowledgeable person in that area. Remember though, especially in the totality of the emphasis of this book, you are not alone. In the chapter, Mr. Collins worded his idea this way, â€Å"The Hedgehog Concept is a turning point in the journey from good to great. It typically takes the right people willing to address the brutal facts over an extended period of time to get to the deep understanding of a Hedgehog Concept. What a great statement. It shows the level of determination, loyalty, and staying focused that you realize your true One thing. Then you expand on that One thing. It will set you apart from the field and past the Good threshold into the level of Great! â€Å"Culture of Discipline† was the next concept. One again focusing on hard work and staying focused on your goal of surpassing into the Great realm and not just staying there but forever raising the bar. Mr. Collins focused on the idea the in this sense discipline as a system. It involves the company in it’s entirety and making sure the companies â€Å"culture is filled with people committed to discipline in keeping to the standards. Each of these concepts builds on the one before it and this one is no different. Staying true to his â€Å"Hedgehog Concept† Mr. Collins also introduces his â€Å"Three Circles† concept. By focusing on keeping a Discipline in the company, it will help keep those involved with their eye on the prize of being able to find that one thing to be great at and to stay on top. Technology Accelerator was the idea to not let technology become a crutch of sorts. Technology is like any other tool and if used properly it will assist you in your success and getting here faster or with ease. Again, building on the concept before it also emphasizes to stay with your Hedgehog circles and keeping focused on them. Technology will not make you the best or most disciplined. It is a tool and should be used to accelerate your momentum into the right direction of your company’s goals, not be the creator of the momentum. Lastly â€Å"Flywheel and Doom Loop† was used to follow up. It’s a focus on being able to identify any and all aspects that take you away from the previous concepts. You should always be looking for ways to improve and stay ahead of the pack. The world of business is ever changing which keeps the bar separating Good from Great ever moving as well. Complacency is a â€Å"Good† trait. Having a system of check and balance working together with a cleaning house mentality will help to keep your company above that bar.

Americans Will Never Accept a License to Drink Law :: Argumentative Persuasive Argument Essays

Americans Will Never Accept a License to Drink Law Mike Brake’s â€Å"Needed: A License to Drink† has many claims, but the thesis is anything but qualified. In my opinion, this is a story that explains the desperation of a man who had family members close to him pass away due to alcoholism. The author believes everyone must take a course and a final test to see whether they should be allowed to purchase alcoholic beverages or not, with a certain alcohol license issued when they pass the course. Even if this so-called drinking license were to become a law, the truth still remains that people will always find ways to get alcohol. Do you honestly believe such a ludicrous idea would work in today’s society? When I read this article, I was astonished to find out somebody would even think of such an outrageous idea like making people take tests to get an alcohol license. â€Å"Addiction to alcohol is one of the primary public-health problems in the United States. It causes more than 19,000 auto fatalities each year and it is responsible for more than a third of deaths from drowning and fire† (135). Any one of those people could have simply been at a wedding or casual get together in which they had alcohol. I know that does not mean they have an alcohol addiction problem and should be required to have a drinking license. Even though nobody close to me has ever died due to alcoholism, like the author’s past experiences, I simply cannot see anything this strict going into effect, especially here in America. This is still America where people come to live for our freedom. This plan would definitely fail due to people’s constitutional rights. This country’s backbone was built on people’s freedoms, and this idea of having a license to drink would definitely try to restrict far too many people that should not be restricted. What says every single person of the 19,000 had an alcohol addiction problem? In addition, even back when prohibition was taking place, people got around that obstacle by making their own alcohol behind the walls of their houses. If people were to do that today, it could become very dangerous. People could mix the wrong amount of ingredients together and come up with a deadly concoction, or neighbors could fight for their alcohol when people become desperate and try to steal each other’s alcohol.

My Problem With Her Anger Essay

In the article titled â€Å"My Problem With Her Anger†, by Eric Bartels, he tells us about his life and more importantly, the marriage he holds with his wife that he loves very much. However, she has a bit of a problem with passive-aggressiveness that causes turmoil in their so far, rather successful marriage. He starts off at the beginning of the article by describing his day, after a long work day he finishes up the dishes; only to realize that there are two dishes left in the sink to soak that had been sitting there for several days, untouched. As the fact both his wife and his children are already asleep, the job of cleaning the several days untouched dishes falls to him. He noted that in that moment he realized, this was the â€Å"dark heart of the divide between men and women†. He goes on to mention that he knows his wife doesn’t have it easy, and in fact, sometimes her life is much harder than his. She’s raising two kids, working, and still participates in family chores at home. But Bartels does the same. Since they had children, he recalls having to give up several things, these including drinking beer and ‘guy’s night out. This came with the territory, but what else came with the territory, he was not expecting. His wife begins to take her anger out on him, letting her frustrations of the children out on her husband. With an accusing â€Å"your son† or â€Å"your daughter† implying she had nothing to do with their behavior, Bartels found himself at his wits’ end. In his eyes, Bartels is up to his eyes in things he can’t seem to do right. When he tries to give his wife a break from the busy hustle and bustle of her every day by cooking for dinner, bathing the kids, or grocery shopping, it seems he never fails to disappoint. His wife comes home, questioning why he made rice instead of pasta with their meal, why the water from the childrens’ baths haven’t been drained, or why he bought that particular thing at the store. Her temper flares and they begin to argue. This, Bartels knows, is not healthy for a growing child, especially having two at very impressionable ages (two and six), but he knows that without the big fight he and his wife are sure to have about the smallest little thing, her anger will continue to build until a beat down, drag out filled with curses ensues. This being worse for the children to grow up seeing, he knows that things have to change. In â€Å"My Problem With Her Anger†, Bartels isn’t placing the blame solely on his wife, in fact, it is very clear he loves her very much and wishes nothing more than to be able to give her the happiness she deserves. He is simple stating that for them to work out in the end there must be help from both sides of the spectrum. Both he and his wife must give it all they have, 150 percent, or give none at all and watch as their marriage crumbles. Clearly, this isn’t what he wants, so he is asking her, in a way, to help him save their marriage from the depths of the troubles that surround it.

Nietzsche and the Nazis Essay

The word â€Å"Nazi† has been recalled with feelings of regret, fear, horror and the threat of violent crimes throughout human history. However, nothing can conceal or change the reality of the period of Nazi Weltanschauung and its consequences for humanity and culture. It was a deep refreshment of German souls as the Aryan race and a collective movement of intellectuals, writers and social leaders in support of Christian and Protestant society against Jews. Nevertheless, the appealing eccentricity of the growing ideology among anti-Semite writers and thinkers very much attracted the attention of the Nazis. They examined the complex philosophical works of Nietzsche, Hegel, Fichte, Treitschke, and Huston Stewart Chamberlain, and ultimately concluded with the hard philosophy of Nazism, including racist, nationalistic, and anti-Semitic attitudes (Aschheim, 1992, p. 123). It was not very difficult for Nazis to find a way to utilize many intellectuals’ ideal systems, philosophies and literature as they proceeded in the way that led to the holocaust and racial genocide. For instance, Wagner hated Jews, thus, his operas contained myths, fighting, pagan gods, heroes and demons. As an artist, Wagner had bred the growing hunger of anti-Semitism with his art to a great extent. Besides Wagner, Huston Stewart Chamberlain, the British author who was the composer Richard Wagner’s son-in-law, deeply influenced Hitler with his fundamentally racist text â€Å"Foundations of the 19th Century,† and understanding this helps to explain why the Holocaust took place (Harms, 2001). Nonetheless, Hegel believed that the state was everything and war was a great purifier. Thus, the idea of restoring the ethical health of people was borrowed from Hegel’s philosophy by the Nazis. On the other hand, politicians like Georg von Schà ¯Ã‚ ¿Ã‚ ½nerer, a German nationalist and a strong anti-Semite, and Karl Lueger, the mayor of Vienna, supported Nazi Weltanschauung from the heart by their political policies and notions. However, unlike the other cultural icons Nazis utilized, the relationship between Nietzsche and the Nazis developed in an odd, but widely effective manner. Nietzsche’s influence as a philosopher and a writer was apparently limited to his closest friends and some intellectuals in Austria, France and Denmark (Canada, 1997). His books were not widely read or considered by publishers. However, after becoming insane by the end of the 1890s, his fame immediately spread around Europe and he became a figure of considerable importance in German history. Macintyre states in his book â€Å"The Forgotten Fatherland† (as cited in Canada, 1997) that Nietzsche’s name started to appear in popular German journals and newspapers as well as numerous books, which collectively promoted him as the â€Å"philosopher of the time, whose influence is stirring the entire cultural world.† This shift in the attitude toward Nietzsche and his work was a bit because of the ideological movement from rationalism and empiricism to romanticism during the end of the eighteenth century and the beginning of the nineteenth century, according to Hinton’s â€Å"Nietzsche in German Politics and Society† (as cited in Canada, 1997). Consequently, suffering the subjugation of Napoleon as well as witnessing the growing strength of the West, the German population, experiencing a sense of inferiority, attempted to assure itself of its innate superiority by glorifying its history and culture with no doubts, according to the point of view Kohn (as cited in Canada, 1997). At this point, Nietzsche’s mental â€Å"death† made him a prime target for this German myth-making project. Nietzsche and his philosophy’s affiliation with the Nazi movement occurred as a product of the need for raw material to build a new valid consciousness for humanity under the unity of a superior nation. Hitler and other Nazi leaders made use of Nietzschean philosophy wherever possible. In other words, Nietzsche’s philosophy was a â€Å"blueprint† for the Nazis’ war, and they took Nietzsche’s logic to drive the atheistic world view to its legitimate conclusion (Krueger, 2001). Nietzschean phrases and themes, such as â€Å"lords of the earth, the will to power, herd instinct,† were most often used in public speeches, and written expressions of Nazi leaders, furthermore, appeared even in Hitler’s book, â€Å"Mein Kampf,† many times. Nietzsche’s open-ended philosophy gave big opportunities to Nazis as a means of support for their war. For instance, in â€Å"The Will to Power,† Nietzsche exclaims (as cited in DeLong, 1959): â€Å"A daring and ruler race is building itself up†¦. The aim should be to prepare a transvaluation of values for a particularly strong kind of man, most highly gifted in intellect and will. This man and the elite around him will become the ‘lords of the earth.'† Ultimately, the idea of superior German nation, the idea of superior individuals – overmans, in other words – as members of that nation and the idea of exerting extreme power over others that were inferior and weak, emerged as the fundamental codes of Nazi culture, and keywords for their aim. Nietzsche played a key role in the development and preservation of the cultural and ideological foundations of the Nazis (Canada, 1997). In short, in terms of political culture, with his peculiarity; Nietzsche had a significant role in German history by having an important effect on the Nazi movement. As Crane Brinton states (cited in Geib, 2001), Nietzsche called for the superman; Mussolini and Hitler answered the call. Nazis and other anti-Semites perceived Jews as scapegoats in every situation, even for their own personal failings. They never forgave the Jews for possessing â€Å"spirit† and money, and named them as underprivileged (Canada, 1997). This notion was very similar to the one that Nietzsche used to describe his overman in â€Å"Thus Spoke Zarathustra† (1967): â€Å"For that man be delivered from revenge that is for me the bridge to the highest hope and a rainbow after long storms† (127). At this point, it is clear that, according to the point of view of the Nazis, Nietzsche’s open-ended philosophy was working for them and their goal, while making Nazis’ ideologies concrete and reliable. The Nietzschean overman was the model of the Aryan race, which was destined to conquer other lesser races in the global struggle for racial supremacy (Canada, 1997). Nietzschean â€Å"heroic idealism† embodied the virtues of hardness, masculinity, leadership, courage, power, struggle, and the various other characteristics promoted by the Nazis. By introducing the overman to humanity, Nietzsche advised people to challenge themselves, not to live passively. It was a good reason for anti-Semites to take action and responsibility in the way that led toward creating a higher against reproducing a lower. Having a great willingness to be powerful in order to take possession of the life and destiny of a superior race, Nazis needed the cooperating hand and inspiration of Nietzsche’s philosophy, and Nietzschean themes and phrases, such as â€Å"the will to power.† Because Nietzsche cried out for the survival of the strongest, thus, a strong world while building his philosophy and creating the overman, at the same time, he supplied Nazis with a strong argument that they later used to reinforce their ideological system and movement. As Nietzsche exclaimed for the masters and slave morality, anti-Semites perceived themselves as the master of the world, commanding the rest as humiliated slaves. They treated people other than anti-Semites as dangerous creatures or obstacles threatening the cultural and racial superiority of the Aryan state. By exerting force on them, Nazis kept themselves safe from the misfortune and curse of declining Jews. They stepped forward in every situation that gave them the chance to realize the Nietzschean slogan: â€Å"Whatever does not kill me makes me stronger.† Moreover, they preferred war and courage to charity, with the illumination of the Nietzschean phrase, â€Å"Ye shall love peace as a means to new wars† (as cited in DeLong, 1959). They fought for years, lived dangerously and tried to become â€Å"hard† in terms of the Nietzschean will to power. War against the lower to attain the higher was a kind of ritual for the purpose of the Nazi movement. Besides all the inner attractive forces of Nietzsche’s philosophy for the Nazis, Nietzsche’s Sister Elizabeth (who was a radical anti-Semite), had a vital influence in the affiliation of Nietzsche and the Nazis. She interpreted everything in Nietzsche’s philosophy as creating a perfect accord with Nazi ideologies and values. In other words, she served Nietzsche’s philosophy on the ideological plates of the Nazi leaders as the main food of their meal. After the death of Nietzsche, Elizabeth took over the control of Nietzschean ideas and themes, and immediately hurled them upon the Jews with ideal appropriations she could succeed in making legitimate. For instance, as Kaufmann states, Elizabeth published new editions that incorporated her own introductions, which were intended to explain those passages that seemed antagonistic to the pro-German image of Nietzsche she was attempting to create. In many instances, Elisabeth rearranged material and included new passages in her editions of her brother’s work (as cited in Canada, 2001). In short, Elizabeth reflected Nietzsche as a German patriot and a heroic warrior in the Nazi movement (Aschheim, 1992, p. 47-48). After all, Elizabeth Nietzsche became an important icon for the Nazis as both the sister and a wonderful follower of Nietzsche. Rosenberg’s elaborate funeral service for â€Å"Zarathustra’s sister† was the best example of Elizabeth Nietzsche’s importance. On the other hand, anti-Semitism was the mainstay of the Nazi movement, and the structure of the Nazi movement was shaped completely according to the spirit of anti-Semitism. The Nazis built their education and jurisprudence system upon the basis of the Nietzschean philosophy. â€Å"Heroic idealism† and â€Å"the will to power† were the basic themes of the Nazi education system, where they perceived Nietzsche as their teacher (Aschheim, 1992, p.234). In this way, the objective of education was fairly clear: Nazis wanted to manufacture efficient, clever, and brave soldiers and leaders of tomorrow’s Germany. Under the direction of Rosenberg, Hitler’s appointed supervisor of German educational activities, along with Bernhard Rust, the Reich Minister of Education, the Nazi educational system was inundated with Nietzschean literature. Parts from such works as â€Å"Thus Spoke Zarathustra,† â€Å"Beyond Good and Evil,† and â€Å"The Will to Power† were heavily integrated into the school system as required reading (Aschheim, 1992, p.245). Too much of Nietzschean strong, meaningful, encouraging phrases and slogans like â€Å"whatever does not kill me makes me stronger† or â€Å"I have a why of living and can put up with any how† were repeated continuously and drawn into the mainstream thought of Nazi youth. Besides the influence of Nietzschean doctrines in the education system, the jurisprudence and judgment system were inspired by Nietzsche’s philosophy, as well. Hans Frank, the Reich Commissioner for Justice, once commented, â€Å"Both personally and objectively, it is of importance to me that Nietzsche of all people has become the mentor of German jurisprudence† (as cited form Macintyre in Canada, 2001) As in the case of education, thoughts and writings of Nietzsche were altered and appropriated to the Nazi’s legal and judicial objectives. In terms of these, violent punishments of anti-Semites were understood as being advocated in the words of Nietzsche’s philosophy. For instance, having experienced life in the concentration camps of the Nazis, Dr. Victor Frankl asserted (as cited in Geib), â€Å"I am absolutely convinced that the gas chambers of Auschwitz, Treblinka and Maidanek were ultimately prepared not in some ministry or other in Berlin, but rather at the desks and in the lecture halls of nihilistic scientists and philosophers.† As it is clear in the preceding quotation, the educational system based on Nietzschean doctrines was inevitably one of the main points of argument for the reasons of genocide and other violent acts committed by Nazis. Without a question, Nietzsche was perceived by the Nazis as being the intellectual and spiritual pillar of their regime (Canada, 1997). Such a creative policy gave the Nazis an intellectual justification and respectability to their ideology, while being the source of legitimization to their actions as well. Perhaps the most telling explanation of Kohn (as cited in Canada, 1997) concerning the Nazis’ motivation for appropriating Nietzsche, was that the former were attempting to create a mythical continuity in German history that would serve as a means for legitimizing the Nazi Weltanschauung.. As a result, with the great desire of being the biggest power not only in Germany, but also in the rest of the world, the Nazis made use of everything that would serve their purposes. And building upon a philosophical basis of a very appropriable scheme of Nietzsche, Nazis managed to draw their political culture upon vital foundations of one of the turning points of German history.    Bibliography Aschheim, S. E. (1992). The Nietzsche Legacy in Germany, 1890-1990. Berkeley: University of California Press. Canada, G. (2001). Nietzsche and the Third Reich. In Nietzsche [online]. Available: http://student.vwc.edu/~phialpha/%5CGreg.html (December 8. 2001). DeLong, J. B. (1998). William L. Shirer’s Take On The Relationship Between Friedrich Nietzsche and The Nazis. In Nietzsche and Hitler [online]. Available: http://econ161.berkeley.edu/TCEH/Nietzsche.html (December 12, 2001) Geib, R. J. (2001) Frederick Nietzsche: Religion, Imagery and Politics [online]. Available: http://www.rjgeib.com/thoughts/nietzsche/nietzsche.html (December 1, 2001). Harms, W. (2001) Bernard Silberman. In University of Chicago Quantrell Award Winner Bernard Silberman [online]. Available: http://www-news.uchicago.edu/resources/quantrell/silberman.html (December 7, 2001). Krueger, D. (1997). A Review of Zacharias’s A Shattered Visage: The Real Face of Atheism. In That Colossal Wreck [online]. Available: http://www.infidels.org/library/modern/doug_krueger/colossal.html (December 12, 2001). Nietzsche, F. W. (1967). Thus Spoke Zarathustra. New York: Heritage Press.

Symbols and Religion in African Art essays

Symbols and Religion in African Art essays "African art is rooted in religion. This does not mean that Africans would be so presumptuous as to make images of the great creator-god. It is rather the case that they try to put the divine power, the eternal vital force which suffuses creation, into a form that befits it, thereby ensuring its favorable disposition and enlisting its aid and protection. African works of art masks, sculptures and other ritual implements are nothing less than media designed for supernatural power. They have to be fashioned with such beauty and precision, with such appropriateness, that they please the spirit and persuade it to take up its abode in them. This it does in special ceremonies, which the priest combines with sacrifices and invocations; at the climax of the ritual the presence of the divine spirit makes itself felt to the worshipper with the greatest immediacy and intensity." From the above passage by Leuzinger, we can tell that the art of Africa has played and still does play a very important role in the everyday lives of African peoples. The Museum of Fine arts recently had a collection of African art on display. All of the art that was on display had a very specific purpose, whether it is as complex as a death mask or as simple as a container for jewelry or hairpins. This art was also used for ancestor worship or in yam purifying ceremonies and even in circumcision initiations. All of the artwork was handcrafted, and the observer can tell that the artisan went to great lengths to ensure that his mask or his cup would please the gods that he was making it for. It is clear that the African artisans believe that their ancestors will live on in the art that they create. The mask is a very important part of African life. Used in countless ceremonies, it might be the most important piece of artwork that one can make. Generally, the mask bears the features of the ancestor figure, which might explain the pronounced facial features tha...

The use of relaxation techniques to increase self-confidence and reduce performance anxiety in squash players The WritePass Journal

The use of relaxation techniques to increase self-confidence and reduce performance anxiety in squash players The use of relaxation techniques to increase self-confidence and reduce performance anxiety in squash players ) have also shown to produce positive results. The above research measures success mainly in terms of stress and objective distress reduction, it did not however aim to help athletes to reinterpret their stress. Also individual differences pose a serious risk in terms of confounding variables in such research. A very important study here is Eppley, Abrams and Shear (1989) who examined the effects of various forms of relaxation therapy against each other. The effect sizes of the reduction in trait anxiety were reported, making this piece of research particularly prominent since not every study will report this statistic. The authors found that most therapies had similar effect sizes, but transcendental meditation had a significantly larger effect size. At the least this has implications to inform the type of interventions which are most effective at reducing anxiety, and the authors even made efforts to control for confounding variables to strengthen their conclusions. However the justification for this research is in question (at least in a sporting context) because of other research to show that anxiety can be beneficial depending on how it is interpreted (Jones et al., 1994). This means that anxiety should not necessarily be seen solely as something to be eliminated; perhaps a better res earch question would examine the qualities which cause people to differ in their interpretation of their anxiety, and suggested coping strategies should focus more on appraisal than reduction of anxiety. Transcendental meditation therapy was therefore settled upon for use in this study because unlike other therapies of this kind it offers ample opportunity for reflection and direction of anxiety which is so often cited as important (Hanton, Cropley and Lee, 2009). The control model and the theory or Martens et al. (1990) provide the theoretical rationale for this investigation. Method Participants The participants in this study were two individuals; one male, one female recruited from the University squash club who frequently competed in highly competitive tournaments. These two individuals were specifically identified using a short questionnaire administered just before the start of the tournament to identify weaknesses in self-confidence regarding squash performance. Participants were both aged 18-20 and considered themselves to be playing at a non-professional club level in highly competitive tournaments. Participants were verbally advised on the nature of the experiment and their freedom to withdraw at any time. Instrumentation The dependent variable to measure is self-confidence. Competitive state anxiety was measured with the Revised Competitive State Anxiety-2 (Cox, Martens and Russell, 2003) but only the self-confidence sub-scale was used. The questionnaire is available in the appendix. Design and Procedure Participants were tested pre-intervention, at one week intervals during the intervention to monitor changes, and finally at post-intervention. Participants were not tested around the time of a tournament to avoid confounding effects of anxiety. After the intervention, semi-structured interviews were administered to both participants. A full transcript of these interviews is available in the appendix. The intervention consisted of three weeks of guided meditation, in which participants were encouraged to think deeply about meaningful things in their lives and to let their thoughts wander. They were encouraged also to think of themselves in relation to the world. This style of transcendental meditation involves little guidance and a quiet, supportive environment in which self-expression is encouraged. Sessions lasted one hour and took place 4 times a week. Results A one-way repeated measures ANOVA was performed for both participants. Table 1 shows the descriptive statistics for the variables at each measurement period. As can be seen mean self-confidence ratings gradually increase with time during and after the intervention. The standard deviation also appears to increase however, showing more variability in ratings of self-confidence as therapy progresses. Table 1 Descriptive statistics for self-confidence ratings Interval Mean Standard Deviation Pre-test 18 3.2 Week 1 15 4.1 Week 2 24 5.7 Post-test 28 4.6 Table 2 displays the post hoc tests for the comparisons between the measurements at the four time intervals. The overall ANOVA showed a significant effect of the treatment (F(3, 3)=9.356, p.05). Table 2 shows where the differences occurred; self-confidence was significantly different between the pre-test and the post-test (p.05), week 1 and week 2 (p.05) and week 1 and the post-test p.01). This suggests that meditation therapy was effective at increasing self-confidence ratings but only substantial differences only emerged by the second week of therapy. Assumptions of repeated measures ANOVA were inviolate in all cases. Table 2 Inferential statistics for the comparisons of confidence ratings at different stages of meditation therapy Interval Comparison Mean Difference Standard Error Sig. Pre-test Week 1 3 4.4 .742 Week 2 -6 4.4 .486 Post-test -10 4.4 .030* Week 1 Pre-test -3 4.4 .742 Week 2 -9 4.4 .045* Post-test -13 4.4 .007** Week2 Pre-test 6 4.4 .486 Week 1 9 4.4 .045* Post-test -4 4.4 .689 Post-test Pre-test 10 4.4 .030* Week 1 13 4.4 .007** Week 2 4 4.4 .689 *p.05, **p.01 Discussion This study has brought to light issues pertaining to the implications of increasing self-confidence in sport and a means to increase this psychological construct practically. Increasing self-confidence is a key factor in facilitative appraisal of anxiety and in remaining in executive control of cognitive anxiety (Carver and Scheier, 1988; Jones, 1995), making it a prime factor to investigate when the aim is improving actual performance. This study revealed that transcendental meditation if effective in increasing self-confidence, making other relaxation therapies potential targets for future research as well. As for the two individuals concerned in this case, they both reported feeling more relaxed, less anxious and more ready for the next tournament. â€Å"I feel more in touch with myself and I haven’t had as many negative thoughts about the tournament as before.† – Participant 1 Statements like this back up the notion that relaxation therapies work not only by simply reducing anxiety, but also by enhancing executive control, managing cognitive intrusions and increasing self-confidence. This empowers athletes by giving them the confidence to interpret their anxiety in more facilitative ways (Jones and Hanton, 1996). This model is backed up by a theoretical framework and empirical support in the extant literature (Jones, Hanton and Swain, 1994; Jones, 1995). A direction for future research in this area would be to investigate the mechanisms underlying the relationship between meditation therapy and self-confidence. Discovering exactly what it was that caused participants self-confidence to increase would perhaps allow for improvements in the efficiency of such interventions. Some of this information was discerned from the brief interviews following the post-test. â€Å"I would think about why I was anxious. Just really think about what was stressing me out about a situation and I started gradually to realise that I didn’t have to let it stress me out.† – Participant 2 The relaxation technique employed may also have given the participants time to engage in reflective practice. Reflection allows athletes to learn from incidents, and put them into perspective (Hanton, Cropley and Lee, 2009) which allows for learning which becomes easier with greater experience. Perhaps the meditation ensured the athletes had moments in which they could properly constructively reflect on their recent performance. This notion is backed up by reports from the interviews. â€Å"When I was instructed to I would think about some recent things that happened [during play]†¦ I guess it just gave me time to think that the bad moments didn’t really matter as much as I thought†¦ and maybe that was distracting me while I was playing.† – Participant 1 â€Å"Sometimes I would think about the good moments [during play] because it was fun to†¦ but maybe I really did learn something from that†¦ it certainly made me feel good about myself.† – Participant 2 This suggests that the meditation helped participants to direct their anxiety into facilitative channels rather than managing or eliminating it, which is more consistent with the theory of Jones (1995) than Martens et al. (1990). Participants reported feeling anxiety but also reported that they were better able to direct their thoughts. Perhaps the therapy only became effective after 2 weeks because it took some time for participants to really commit to it and properly explore their thoughts. The limitations of the current study of course include the limitations of all single-subject designs. Martin, Thompson and Regehr (2004) note that findings drawn from case studies are not necessarily generally applicable because of a lack of ecological validity as well as issues with statistical power; though the error term can be reduced, the amendments to the degrees of freedom for the error term can negate the increase in power which would otherwise be achieved with a within-subjects design. Another big limitation is that anxiety measures were not included in the analysis, meaning that conclusions drawn about the mechanisms of the observed effect are purely speculative albeit backed up with qualitative data. 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