Policing themselves Essay Example for Free

Policing themselves Essay In The Handmaids Tale education is highly restricted, defined by law not to allow the reading of text, therefore diminishing the progression of society on an intellectual level. The former university which once represented freedom and learning now represents regimental order. A distinct absence of education is found as the aim is to repress through the enforcement of ignorance; as Althusser would claim this is a clear ISA, education is used to direct and manipulate the handmaids. The Bible is the only form of legal reading material and the only persons allowed to access The Bible are the commanders we can be read to from it, by him, but we cannot read: this allows them to manipulate the text to suit their needs. Give me children, or else I die. The careful selection and manipulation of material is used to try to promote procreation. The use of religious text from The Bible can be seen as the regimes way of legitimising their actions. Offred realises that the next generation of Handmaids will be more docile because they will have no memories of other possibilities. The stark contrast between Offred the librarian and Offred the Handmaid is used to emphasise how repression has been enforced through the use of literary freedom. Language too is subtly used with links to the old testament the Angels and Eyes are respectively derived from the Guardian Angels and Eyes of the Lord; this subtle insertion of biblical references helps to create the overall feeling of containment; a sharp contrast with the lack of intellectual and educational language which is deliberately removed. In both novels education is a restrictive force however, in Hard Times education takes on a different form of repression. Hard Times uses education as an enforcing presence children are brought into education from an early age, facts, facts and more facts are driven into the mindset of all, therefore firmly placing them within the machine of capitalism. Bitzer is the example of this as he becomes trapped within the system. This shows the strength of education as an ISA; by being embodied in education he knows nothing of life and how to succeed without facts, he knows of no way out of the system imposed upon him by those in power. He himself says, We are so constituted. I was brought up in this catechism when I was very young, sir, as you are aware. Here Bitzer points out that the system of education prevents any way out, distilling the human instincts of capital gain. In comparison this sense of having no way out from repression is shown by the image clusters in the language of Atwoods novel (hands/feet/faces/eyes/blood/wombs) this language works in opposition to the polluted biblical manipulation of the regime and shows the only way out for Offred is through her imagination. Imagination has been removed from Bitzer in Hard Times through education; he has been depersonalised in a way which is also very evident within Atwoods novel through RSAs. Depersonalisation is enforced by the state in The Handmaids Tale with the uniform that the Handmaids are forced to wear the uniform represses sexuality and sensuality. The skirt is ankle length, the breasts a flat yoke. The similitude of the uniform eradicates individualism to the extent that Offred begins to consider herself as we: Shes like my own reflectionfrom which I am moving away. This implication that she is losing touch with her identity by moving away highlights the success of this repressive force. The uniforms worn can be associated with uniforms of armies and law-enforcers such as the police. In this way it can be interpreted that by wearing set uniforms the handmaids are policing themselves. As Dickens uses his novel to strengthen the theory of Benthamism Atwood too uses techniques like the manipulation of uniforms to make a social statement. Living through the 1960s/70s Atwood witnessed the liberation of women in the U.S. and the wider civil rights movements around the globe such as racial equality. The uniforms are just one example of how Atwood is showing the dangers of pursuing a regime of unfair liberation. We can see the success of the uniforms as a repressive force through the change in Offreds nature when I take my clothes off. Only when the uniform is removed at night does Offred seem to escape from the regime imposed upon her; the night is mine shows how she feels about night, her only chance to feel free without a loss of identity. A similar lack of identity is shown in Hard Times through the use of colour. The colours of the town are black and red due to industrial smog. Dickens compares this assimilation of the natural colour of brick with the painted face of a savage, implying that like a savage industrialisation is cruel, barbaric and uncultured. This image of casing nature runs throughout the novel through the use of colour symbolisation. Dickens associated richness of colour with the preservation of life and individuality; neither black nor white are considered as colours therefore Coketown dismisses the idea of individuality by containing people within strict structures like the structural presence of Atwoods uniforms. Utilitarianism has robbed the town of the ability to speak; public inscriptions which are used to voice the needs of the people are black and white therefore they are devoid of any identity; they lack the capacity to provoke change. Colour is used to an extent in The Handmaids Tale to highlight repression women appear to wear set colours, the Handmaids red, the wives blue. I never looked good in redthe colour of blood, defines us. Offred highlights that they are defined and restricted by colour, they are there for a purpose; reproduction. The sarcastic tone represents an attempt to use humour to redress repression. The colour red links also to blood; several links are made to blood, most notably is the blood from the unknown people hung from the wall red is a constant reminder of where their fate could lie. Colour is used to dismiss individuality, yet it is much bolder in Atwoods novel through the images of blood. People are part of the production line, with no lawful means of expressing needs. Stephen Blackpool is used by Dickens as an example of a worker trapped within his class through the laws and structures of society: wishing for divorce he says I mun be ridden o her. As Bounderby highlights, money is the decisive factor: in this capitalist society everything is bound by wealth. There is such a lawbut its not for you at allyoud have to get an act of Parliament. For the working class there is no way of expressing their views, they do not have the power to use the system to their benefit, therefore they remain stuck within their repressed class. In my opinion Dickens highlights this so clearly as he is trying to make a political statement socialism was developing through the mid 19th Century and was popular amongst Dickens target audience, the middle class intellectuals. The novel acts as a political devise for issues of the time. Acts of individualism within this class is likewise repressed. Blackpools decision to abstain from the union leaves him a man on whom unequal laws have fallen heavy; he is compared with Judas Iscariot by his own class showing how individualism is repressed from all levels. The extremity of Blackpools act of abstention is shown by his banishment and need to change his name to acquire work. This brutal act of banishment hangs over the Handmaids too.

Epic of Beowulf :: Epic of Beowulf Essays

The poem begins with a brief genealogy of the Danes. Scyld Shefing was the first great king of the Danes, known for his ability to conquer enemies. Scyld becomes the great-grandfather of Hrothgar, the king of the Danes during the events of Beowulf. Hrothgar, like his ancestors before him, is a good king, and he wishes to celebrate his reign by building a grand hall called Heorot. Once the hall is finished, Hrothgar holds a large feast. The revelry attracts the attentions of the monster Grendel, who decides to attack during the night. In the morning, Hrothgar and his thanes discover the bloodshed and mourn the lost warriors. This begins Grendel's assault upon the Danes. Twelve years pass. Eventually the news of Grendel's aggression on the Danes reaches the Geats, another tribe. A Geat thane, Beowulf, decides to help the Danes; he sails to the land of the Danes with his best warriors. Upon their arrival, Hrothgar's thane Wulfgar judges the Geats worthy enough to speak with Hrothgar. Hrothgar remembers when he helped Beowulf's father Ecgtheow settle a feud; thus, he welcomes Beowulf's help gladly. Heorot is filled once again for a large feast in honor of Beowulf. During the feast, a thane named Unferth tries to get into a boasting match with Beowulf by accusing him of losing a swimming contest. Beowulf tells the story of his heroic victory in the contest, and the company celebrates his courage. During the height of the celebration, the Danish queen Wealhtheow comes forth, bearing the mead-cup. She presents it first to Hrothgar, then to the rest of the hall, and finally to Beowulf. As he receives the cup, Beowulf tells Wealhtheow that he will kill Grendel or be killed in Heorot. This simple declaration moves Wealhtheow and the Danes, and the revelry continues. Finally, everyone retires. Before he leaves, Hrothgar promises to give Beowulf everything if he can defeat Grendel. Beowulf says that he will leave God to judge the outcome. He and his thanes sleep in the hall as they wait for Grendel. Eventually Grendel arrives at Heorot as usual, hungry for flesh. Beowulf watches carefully as Grendel eats one of his men. When Grendel reaches for Beowulf, Beowulf grabs Grendel's arm and doesn't let go. Grendel writhes about in pain as Beowulf grips him. He thrashes about, causing the hall to nearly collapse. Soon Grendel tears away, leaving his arm in Beowulf's grasp.

Develop Teams Individual

This report will look at identifying and implement learning and development needs for an automotive service workshop. It will look at developing a learning and development plan, elaborating a strategy to encourage staff to self evaluate performance, assessing performance, providing feedback and managing follow up.It will use Richard Parser's Automotive Service Team workshop as a case study to help understand the problems of managing people learning needs and performance implementing. Background Richard Parker has been in business for three years, in Preston, Melbourne. Richard employs eight full-time and two part-time staff. Four of the full-timers work in the workshop and two in in the back office and two in the front office dealing with customers. Richard has noticed that the front office staff and their customer service are not up to the expected level. For example customers don't get the service that they require or the product they order.Richard complains of staff not showing up for work at the right time and so on. Richard has also faced some issues with the local council over solid and liquid waste disposal. The back end office staff often confronts the mechanics when they order spare parts for the services to be carried out. The back office staff always complain of issues with suppliers. Suppliers complain of the ambiguous ordering process of the back staff. Richard finds some irregularity in his teams in terms of application of skills and knowledge. He believes that it is the right time for him to take the right actions to turn the business into the right direction.That's why he decides to identify and implement learning and development needs for is staff. Report AAA . Recommended learning method is a Training Needs Analysis (TAN) Richard could identify his team learning needs using a systematic approach and going through four steps of analysis: 1. Analysis of the competencies that each employee must have to improve the business flow. 2. Analysis of th e organization requirements to focus where is the learning and development need located. 3. Task analysis to establish what individuals and teams must learn in order to satisfy the required learning and development need. . Team analysis to determine which employee needs a learning program. To conduct this analysis Richard will need to: now his company situation, ; identify required competencies of his team, ; involve employees in decision making, survey, discuss and analyses actual data, prepare specific employee development plans, implement the plans. Before to designing the training program, it will be very important that Richard conduct a SOOT analysis, to identify his team Strengths and Weakness points; and his business Opportunities and Threats.To fill the gap between the Job requirements and current abilities of his employees, Richard has to conduct a training needs analysis, making sure that it's targeted to a specific need and satisfies training acquirement. The training nee ds will be the result of collecting information on the skills, knowledge and attitude required to perform a Job task, identifying the training need and performance gap. When designing the learning needs analysis, Richards aim is to: ; assess the current situation. Define the problem (what gaps exist? ). Determine if there is a need for training/learning. Determine what is driving this need for training/learning. ; evaluate existing training. Assess the possible learning solutions. Ascertain information about logistical considerations/constraint. The Training Needs Analysis will provide the following benefits: ; A clear indication of what needs to be included in a training program. ; Assists in developing learning outcomes (by identifying precisely what needs to be learnt). ; Clarifies areas for assessment. O Provides guidance on development, delivery, presentation methods and media to be used. Provides knowledge of the target audience, training gaps and proposed content. ; Will allo w specific evaluation to ascertain its success. AAA. Learning and Development Plan. Name: Paul smith Date: 25. 02. 2014 Job position: Front office, customer service. Learning improvements goals Dealing with customers Communication with the staff Being at work on time Learning outcomes Delivering effective customer service Team working Effective internal communication Respect of workplace rules and workflow Strategies / steps or actions Analysis of training needs: interview to identify performance needs. Identification of appropriate learning methods: consulting of guest speaker. ; Employee self-evaluation of performance: simulated work experience. ;Owner feedback: on-the-Job coaching or mentoring. Follow up: simulated work experience. Behavior/expectations/support ; Elaborate a learning plan targeted, collaboratively developed, agreed to and implemented. ; Owner identifying and approving resources and time lines required for learning activities. ; Employee proclivity to fill in the performance gaps.Owner providing coaching and mentoring assistance. Owner providing encouragement and positive feedback to the employee. Data/ resources Survey to be subordinated during informal interview. ; Guest speaker identifying appropriate learning methods. Timeline ; 1 week for analysis ; 1 week for simulating work experience, feedback and follow up. AAA. Employee self-assessment. SELF ASSESSMENT Employee details Name: PAUL SMITH position: FRONT OFFICE work area: CUSTOMER SERVICE contact no. : 555 555 555 1. Sees your current level of skill/knowledge relating to the skills/knowledge provided: I know how to take orders from clients, how to answer to phone calls, how to record appointments on the agenda. 2. Think about the requirements of your Job in relation to the skill areas and note the major task/knowledge requirements of your position: I need to improve my approach to the Clients, delivering effective customer service. I need to learn how to use suppliers database, to imp rove communication tit back office staff. I need to learn more about mechanical components, to improve communication with staff.I need to respect more workplace rules and workflow. 3. Where you can identify that your skills/knowledge are less than those required for your position, tick the box Training Required: a) Dealing with customers b) Communication with the staff c) Being at work on time 4. Where training is required, decide how soon your training should occur: a) the next 2 weeks b) In the next 2 weeks c) Immediately AAA. Feedback mechanisms. In Richard needs to collect feedback on performance of team members from relevant resources and compare with established team learning needs.Feedback on performance may include: ; Formal/informal performance appraisals. Obtaining feedback from clients. Obtaining feedback from supervisors and colleagues. Personal, reflective behavior strategies. ; Routine organizational methods for monitoring service delivery. Richard may use some formal systems in comparing established team learning needs, such as measurement systems (including planning), individual and team performance and reward systems, resource allocation systems. Richard should use also some informal yester in comparing established team learning needs, including meeting formats and conflict resolution protocols.AS. Development program Goals. Richard has to identify and develop program goals and objectives in order to establish clear training goals, learning objectives, and long-term objectives based on the outcomes that his employees wish to achieve. The goals and objectives indicate what the participants will learn and achieve as a result of their learning. To be effective, training must be specifically structured to meet stated outcomes and must be based on: ; Clear and measurable goals. Clear and learner focused objectives. Long-term objectives, to establish a pattern for future evaluation.Richard should provide to his employees a document that specifies in a structured format how they should perform a Job or work role (competency standard). AAA. Appropriate Learning Methods. Learning delivery methods appropriate to the learning goals may include: ; Conference and seminar attendance ; Formal course participation ; Induction Involvement in professional networks On-the-Job coaching or mentoring Presentations/demonstrations ; Problem-solving Work experience It is important to give the right consideration to participants expect and their earning style.Some learning methods might be not effective because: ; Lack of practical information (too much theory or background and not enough â€Å"how-to† approaches or action steps). ;Material too elementary and/or out of date, no â€Å"state of the art†. ; Not enough group interaction (too much lecturing). O Lecture notes and visuals not sequenced with course coverage. Sometimes boring. Disorganized – skipping from topic to topic with no sense of direction. ; Poor visuals. To p rovide an effective training program, the trainer should: ; Assess in advance the relative importance of each segment of the learning program. Spend more time on the most vital segments. Determine priorities for the elements of the session in advance. An effective trainer should avoid spending too much time on relatively lightweight portions of the learning program and being sidetracked by too many questions. AAA. Workplace opportunities. Informal session for customer service for front office staff. ;Refresh training in the main workshop. Rear house session with supplier sell manager. AAA. Assess and record outcomes of recommended training.Assessment in training is about measuring learners to see if they have reached the stated objectives of the course. To assess and record outcomes and performance of individuals and teams you need to evaluate their knowledge and their skills. 1 . Knowledge: what learners gained as a result of training. These assessments test the recall of facts, co mprehension skills, analysis skills, synthesis skills and evaluation skills. 2. Practical skills: the application of knowledge to a given situation. Knowledge and Practical skills include four main types of assessment: 1 .Real work: Takes place whilst the learner is performing real work, on- the-job. 2. Simulated work: Usually performed off-the-job, possibly in a training room or mock up work site. 3. Written: Used to demonstrate in written form what they know, either on paper or on computer. 4. Oral: When learners speak about what they know. One of the key challenges with assessment is to be able to assess the learning back in the workplace, â€Å"on the Job†, and it is possible to check it through the Performance Review Programs, which include observations on the Job.It is also fundamental to record assessment, keeping â€Å"training records† through a recording system that enables easy identification of what training each staff member has completed and when. Dependi ng on the size of the organization, this could be a simple matrix or it ay be done through the use of software commonly known as a â€Å"Learning Management System† (ALMS). AY. Adjusting the learning program. After monitoring and evaluating if the training course met the aims and objectives for which it was developed, it is important to adjust the learning program, if it is not u to expected dimension.Based on both assessment and evaluation, it might be needed to make or recommend changes for future training to improve the efficiency and effectiveness of learning. Changes can be made on different sides: TIME: Recommending a review of time to address the time to provide a more impressive treatment of the subject or selecting in lecture notes. CONTENT: Reviewing or re-writing the content of a presentation, for example to ensure emphasis on the practical application of the material. DELIVERY: Focusing learning material on fact and accepted knowledge not on opinion or on a partic ular style of management.Proposing to the learners generally and officially accepted management techniques and policies. FORMAT: Including a glossary of terms and an annotated bibliography to the notes. Organizing the content of the learning notes, making frequent use of headings and sub-headings and bullet points. Reviewing formatting and printing to improve the efficiency and effectiveness of learning. Providing copies of the learning material in advance so that those involved with changes can be appraised of the current presentations. AI. Documenting and maintaining records and reports of competency gained.Many methods can be employed to document and maintain records: ; Training evaluation form template Course participants to complete and to hand form to trainer after completion ; Assessment by course Director/Supervisor/Owner Owner/Supervisor to complete either with, or after discussion with the participant. Owner/Supervisor to complete either with, or after discussion with the participant 1 . Have you seen the desired changes to the participant's skills or knowledge? Yes 2. How will you test that the participant has gained from this course? Simulating work experience. . If the participant did not make the gains necessary, what can be done to address this? He can be trained again trough an on-the-Job coaching or mentoring and he could attend a formal course about customer service, internal communication and mechanical components. 4. From discussions with the participant, are you both attested that attendance at the training plan was worthwhile? Yes 5. Other comments? Elaborating a training need analysis was a effective way to improve my staff knowledge and skills and to implement and develop an effective team work.Supervisor: Richard Parker Date: 25. 02. 2014 Conclusion/Summary This report has looked at identifying and implement learning and development needs for an automotive service workshop. Developing a learning and development plan, elaborating a stra tegy to encourage staff to self evaluate performance, assessing performance, providing feedback and managing follow up. The process of monitoring, evaluating, implementing and developing people performance is essential to the success of any business.

Property rights and the Constitution - Free Essay Example

Sample details Pages: 7 Words: 2073 Downloads: 8 Date added: 2017/06/26 Category Law Essay Type Analytical essay Did you like this example? Property rights and the Constitution This essay will discuss the plain packaging laws for tobacco in the Commonwealth of Australia. A recent High Court of Australiaà ¢Ã¢â€š ¬Ã¢â€ž ¢s judgment in the case of JT International and British American Tobacco v Commonwealth of Australia[1] has upheld the righteousness of the tobacco plain packaging laws. However, the manufacturers have argued that such laws constitute hostile acquisition of intellectual property. Don’t waste time! Our writers will create an original "Property rights and the Constitution" essay for you Create order This paper reviews such claims of manufacturers and whether intellectual property rights are indeed endangered with such laws. Therefore, it will be argued that it is important that the Australian Constitution should protect intellectual property rights more robustly reinstating that acquisition of property does not take place at unjust terms. While evaluating the above critically, the essay is broken down in to the following sub-sections: summary of the judgment in JT International and British American Tobacco v Commonwealth of Australia, the legal aspects, the economic repercussions of such laws and pros cons, and the final expected outcome. Judgment summary The legislation of the Tobacco Plain Packaging Act 2011 (Cth) puts some restrictions on the use of colour, size, font, marks, other physical features, etc. in the packaging for tobacco products.[2] The tobacco manufacturers in opposition to the same claimed that it is an acquisition of the intellectual property that they have developed over the years and contributes significantly to their sales. Thus, on one hand they are given exclusive rights to use certain captions, logos, marks, etc. and on the other hand restriction is being levied for use of such exclusivity.[3] The Commonwealth of Australia being the defendant claimed that there is no acquisition of property commensurate to Section 51(xxxi) of the Constitution and therefore the question of acquisition of the manufacturersà ¢Ã¢â€š ¬Ã¢â€ž ¢ property rights does not only arise.[4] The Court after due diligence and through a statement of reasons of the bench of judges came to the conclusion that there is indeed no acquisition of property to invoke Section 51(xxxi) of the Constitution and thus the Tobacco Plain Packaging Act 2011 (Cth) is fair in its legislation.[5] Legal aspects The reasons and statements made by the bench in support of their judgment are critical to understand and be read with the appropriate legislation. In this sect ion, we intend to relate the reasons with the appropriate legislation. In the Tobacco Plain Packaging Act 2011 (Cth) s 18 of the Act prescribes the physical features of the packaging (i.e. the cigarette packet) as well as the packing (i.e. cartons).[6] The retail packaging restrictions as prescribed by the Act is excerpted below: à ¢Ã¢â€š ¬Ã…“ (1) The retail packaging of tobacco products must comply with the following requirements: (a) the outer surfaces and inner surfaces of the packaging must not have any decorative ridges, embossing, bulges or other irregularities of shape or texture, or any other embellishments, other than as permitted by the regulations; (b) any glues or other adhesives used in manufacturing the packaging must be transparent and not coloured. Cigarette packs and cigarette cartons (2) A cigarette pack or cigarette carton must comply with the following requirements: (a) the pack or carton must be rigid and made of cardboard, and only cardboar d (subject to paragraphs (1)(b) and (3)(d)); (b) when the pack or carton is closed: (i) each outer surface of the pack or carton must be rectangular; and (ii) the surfaces of the pack or carton must meet at firm 90 degree angles; (c) all edges of the pack or carton must be rigid, straight and not rounded, bevelled or otherwise shaped or embellished in any way, other than as permitted by the regulations.à ¢Ã¢â€š ¬Ã‚  When we closely examine the highlighted parts, it is evident that what the Act envisages is uniformity of shape, size and colour. The trademarks, copyrights, etc. registered by the businesses are differentiated by the symbols, colour, fonts, etc. Thus, it may seem that the costs incurred by the businesses in developing these differentiated marks or fonts or colour are sunk to an extent because of this uniformity. However, if Section 19(3) is read, it is found that the brand name, business name or variant name doesnà ¢Ã¢â€š ¬Ã¢â€ž ¢t require to follow th e colour scheme which implies that while the whole pack is required to be of a certain colour (dark brown if nothing else is specified), the brand name or the variant name can continue to be of the colour it is. Section 19(3)[7] is read as below: à ¢Ã¢â€š ¬Ã…“(3) The following are not required to be the colour mentioned in paragraph (2)(b): (a) the health warnings; (b) the text of: (i) the brand, business or company name, or variant name (if any), for the tobacco products; and (ii) the relevant legislative requirements (other than the health warnings). Evidently, Section 20 prescribes no use of trademarks, marks, variant or business name in the no other text orientation than that of health warning. Further, while Section 20 does not apply to wrappers, Section 22 clarifies that even wrappers cannot have any trademarks, colour, should have non-transparent material, etc. The overall impact of the same is that, businesses or brands that have their differentiation ma de in a way that modifies the name of the variant will be less harmed compared to a business that uses a trademark or image for differentiation purpose.[8] Every brand of cigarette extensively relies on the colour and image specificity to differentiate with other brands. The similar restrictions on packaging will result in the redundancy of all intellectual property rights being built by the businesses over time. If all the brandà ¢Ã¢â€š ¬Ã¢â€ž ¢s cigarette packs look alike with just the name of the brand in plain text, then the costs incurred in intellectual property development over the years shall surely be wasted. Consequently, with the provision of the Tobacco Plain Packaging Act 2011 (Cth) applicable, the only use of trademarks shall be limited to showcasing them in advertisements. Based on the above, there is certainly an infringement into the Intellectual Property Rights of the manufacturers. One of the reasons forwarded by the bench of High Court of Australia regarding the non-usability of trademarks, designs, etc. was that an intellectual property is in itself a negative right which is put into effect with an attempt to stop others from using it.[9] Thus in effect, the restriction to use such intellectual property which bars other competitors from using a close clone of the image (trademark) would in no way take any right granted to the manufacturers. However, if we consider the end result by way of the packaging of the product, when the major proportion of the packaging is similar in colour, texture, shape, etc. for each brand, the right to stop a close competitor from copying or using a close symbolism is effectively made zero. Therefore, the value of an intellectual property as used in the financial statements based on some methodology which is again based on some Australian statute becomes much lower due to its apparent ineffectiveness. Therefore, there is surely an acquisition or reduction in value of an asset without any consideration, let alone a just consideration. Furthermore, with respect to the question whether there is an acquisition of property via unjust terms so as to invoke Section 51(xxxi) of the Constitution or not, it is clarified that since the Commonwealth is not using any property of the plaintiffs to derive any benefit and nor does it hold any interest in such property. As such, à ¢Ã¢â€š ¬Ã‹Å"acquisitionà ¢Ã¢â€š ¬Ã¢â€ž ¢ is not in effect. While in literal terms although the justification may seem correct, the same concept can also be viewed in a different light. The objective of the Commonwealth of Australia here is to reduce the consumption of cigarettes and tobacco products. By validating the Tobacco Plain Packaging Act 2011 (Cth), the effectiveness of the intellectual property of the manufacturer is reduced substantially and this reduction in effectiveness to sale cigarettes is being capitalised to fulfil the objective of reducing cigarette consumption. Thus, even without holding an interest i n the property, the property is being controlled to fulfil a different set of objectives. It has to be considered that for an intangible asset literal possession is not possible and the existence of such asset is only realisable through it use and control over it. Thus, from a different point of view, there is a virtual acquisition of intellectual property on unjust terms. The Economic Repercussions If we think practically, the economic impact can be broadly classified into two categories. The first category is that consumers would already consume cigarettes and are habituated; for these consumers, the impact of the Act will possibly be limited and subject to time constraint. Although consumers will initially find a little difficulty in finding their brand, over time they will be acquainted with the new restricted packaging of cigarettes. The second category is potential new consumers, where for new consumers the impact on sale will be much deeper. These are the consumers on w hom the concept of differentiation has the highest impact and it is for this segment that the trademarks, colour, packaging, etc. play a significant role. With the new look alike packaging restrictions for all cigarette brands, there is a high possibility that the established brands like Camel, Marlboro etc. will lose their lustre. There is a potential loss of goodwill, brand image and positioning in the mind of the consumers. Therefore, since there will be a definite loss in monetary terms through trademark and design restrictions, the applicability of Tobacco Plain Packaging Act 2011 seems unjust to manufacturers because of the following reasons. First, the reduction in consumption of cigarettes could have been practiced through alternative means without infringing any loss of goodwill, brand value. With the objective of reducing cigarette consumption, a mere mandate to showcase pictures of cancer patients over a substantial area of the packet could have been adequate. The dest ruction of brand proposition and trademarks of tobacco manufacturers were not required to be done. Furthermore, the intellectual property laws pertaining to tobacco manufacturers could have been separately amended first and just terms could have been extended for existing players in the market.[10] Based on the above, it is concluded that the outcome of the JT International and British American Tobacco v Commonwealth of Australia was not good. Final expected outcome In section 51(xxxi) it is stated that à ¢Ã¢â€š ¬Ã…“à ¢Ã¢â€š ¬Ã‚ ¦the acquisition of property on just terms from any State or person for any purpose in respect of which the Parliament has power to make lawsà ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ .[11] This provision in the Constitution does not clarify and foresee situations like this infringement of intellectual property rights and the same can be exploited by States. In addition, a number of cases and allegations of unjust acquisition of property by States in lieu of th e aforementioned provision of Section 51 can be exemplified. For example, in the case Spencer v Commonwealth of Australia[12], Mr Peter Spencer protested New South Wales legislation and Commonwealth actions which had diminished his ability to clear his land as he pleased and diminished the value of his land, which constituted an unjust acquisition of his property.[13] A case of similar nature took place in the Kimberley region where land was acquired for a gas precinct and allegations of unjust acquisition have surfaced. Therefore, the Constitution should be much more robust in reinstating that acquisition does not take place at unjust terms and for the same relevant bills and amendments need to be brought in. A Private Memberà ¢Ã¢â€š ¬Ã¢â€ž ¢s bill was introduced by Mr. Bob Katter in the House of Representatives called Constitution Alteration (Just Terms) Bill 2010 so as to withhold the concept of just compensation for property acquisition made by the States for common benefit of the Commonwealth of Australia. This again testifies the claim that unjust acquisition of property does happen in the country and adequate steps to counter the same should be put in place. References Cited Daniel Fletcher, à ¢Ã¢â€š ¬Ã‹Å"JT International SA v Commonwealth: Tobacco Plain Packagingà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2013) 35(15) Sydney Law Review 827. Tobacco Plain Packaging Act 2011 (Cth) Diane Spooner, à ¢Ã¢â€š ¬Ã‹Å"Propertyà ¢Ã¢â€š ¬Ã¢â€ž ¢ and acquisition on just terms, 1 [1] (2012) 250 CLR 1. [2] Tobacco Plain Packaging Act 2011 (Cth) s 18. [3] JT International and British American Tobacco v Commonwealth (2012) 250 CLR 1, 19 [2]. [4] JT International and British American Tobacco v Commonwealth (2012) 250 CLR 1, 70 [176]-[178]. [5] Daniel Fletcher, à ¢Ã¢â€š ¬Ã‹Å"JT International SA v Commonwealth: Tobacco Plain Packagingà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2013) 35(15) Sydney Law Review 827, 828. [6] Tobacco Plain Packaging Act 2011 (Cth) s 18. [7] Tobacco Plain Packaging Act 2011 (Cth). [8] Tobacco Plain Packaging Act 2011 (Cth) s 22. [9] JT International and British American Tobacco v Commonwealth 250 CLR 1, 31 [36]. [10] JT International and British American Tobacco v Commonwealth (2012) 250 CLR 1, 25-26 [25]. [11] Commonwealth of Australia Constitution Act [12] [2010] HCA 28. [13] Spencer v Commonwealth of Australia (2010) 241 CLR 118, 126 [8]-[9].