Zeitschriftenartikel zum Thema „Post-Contract Stage“

Purpose This paper aims to assess the level of awareness of quantity surveyors in material management and their key roles in waste minimization during the post-contract stage of the project with a view of achieving value for money in their roles. Design/methodology/approach This involves administering a questionnaire survey to registered members of the Nigerian Institute of Quantity Surveyors, the only recognized professional body of quantity surveyors in Nigeria, within Lagos state. The empirical questionnaire survey succeeds a literature review that isolates the key strategies used by quantity surveyors in material management and waste minimization at the post-contract stage. The validity of the questionnaire was carried out by two experienced construction industry researchers and three experienced professional quantity surveyors to ensure that the questionnaire was not ambiguous and that it consists of the right questions in tandem with the research. The respondents were grouped into consultant’s QS and contractor’s QS. Findings Key roles of quantity surveyors during the material management process are proper material storage, and material inventory and accounting are the most important material management and waste minimization practices during the institute stage. It revealed that there is a lack of material waste documentation practices during the construction stage. In addition, there is no statistically significant difference in the responses of the two groups. This may be because there is no clear compartmentalization between the practices of the two groups. In addition, these two groups had the same education training, as there is no difference between the educational training of the consultant’s QS and contractor’s QS. Originality/value This study assessed the quantity surveyors’ roles with regard to material management and waste minimization. It would add to the scanty research work in this area. The study has also successfully revealed the strategies that are to be adopted by the quantity surveyors to achieve value for money during the post-contract stage.

IT outsourcing relationship is the relationship in the outsourcing agreement between the service provider and service receiver. The overall IT outsourcing success is directly influenced by the IT outsourcing relationship. However, not much attention has been given in research literature to the IT outsourcing relationship in public organizations and even less regarding the IT outsourcing relationship in Swedish public organizations. This study investigates the factors that hinder the post-contract stage of IT outsourcing relationship in Swedish municipalities. The research was performed through case studies in two Swedish municipalities and has revealed nine hindering factors in the post-contract stage of an IT outsourcing relationship. The findings of this study contribute to the few existing research on the hindering factors of the post-contract stage of the IT outsourcing relationship in public organizations.

Purpose The purpose of this paper is to discuss the relationship between psychological contract and knowledge sharing behavior in the enterprise system (ES) post-implementation stage. The fulfillment and obligation of psychological contract are proposed as antecedents of knowledge sharing behavior performed by client firms. Additionally, entrepreneurial orientation (EO) is considered a moderator in the relationship between psychological contract and knowledge sharing. Design/methodology/approach This study adopted the questionnaire survey to collect data from 132 client firms of a focal ES provider in the garment industry of China. Hierarchical regression analysis was used for data analysis. Findings Psychological contract fulfillment is negatively related to knowledge sharing, whereas the positive role of psychological contract obligation is supported. EOstrengthens the role of both psychological contract fulfillment and obligation in shaping knowledge sharing behavior of client firms. Originality/value This study adopts forward- and backward-looking approaches in decision making as a theoretical lens to investigate how to improve client firms’ knowledge sharing behavior through psychological contract. By figuring out the roles of psychological contract and EO in influencing knowledge sharing, this research benefits both vendor and client firms in maintaining sustainable collaboration and continuous improvement of ES projects.

Penelitian ini bertujuan untuk menganalisis tentang perkembangan hukum mengenai build operat and transfer (BOT) terkait tahapan dalam proses pembuatan perjanjiannya dan peranan Notaris dalam pembuatan Akta BOT. Jenis penelitian ini adalah penelitian yuridis normatif dengan menggunakan pendekatan perundang-undangan. Sumber bahan hukum yang digunakan terdiri dari bahan hukum primer dan sukunder. Mengenai tehnik penggumpulan bahan hukum menggunakan tehnik bola salju dan metode analisis yang digunakan adalah analisis deskriptif. Hasil dari penelitian ini adalah bahwa dalam pembuatan perjanjian BOT antara pihak Badan Usaha Milik Negara (BUMN) dengan pihak swasta harus melalui beberapa tahap, yakni tahap awal kontrak (prakontrak), tahap kontrak dan tahap selesai kontrak (pasca kontrak). Adapun peranan Notaris pada pembuatan perjanjian BOT adalah sebagai pihak yang ditengah atau netral untuk memberikan saran kepada pihak untuk menuangkan keinginannya dalam bentuk perjanjian. This study aims to analyze the legal developments regarding the making of build operat and transfer (BOT) in the stages of making the agreement and the notary business in making it. This type of research is a normative juridical research using a statutory approach. The resource of legal material is used consists of primary and secondary legal materials. The technique of collecting legal materials using snowball techniques and the analytical method used is descriptive analysis. The results of this research are: first, in making BOT agreements between State-Owned Enterprises (BUMN) and the private sector, it must go through several stages, the initial stage of the contract (pre-contract), the contract stage and the contract completion stage (post-contract). The role of the notary in making the BOT agreement is as a middle or neutral party to provide suggestions to parties to express their wishes in the form of an agreement.

This paper presents evidence on the perverse trade-off that first price auctions induce between low prices at the awarding stage and poor ex post performance when bids are not binding commitments. By exploiting the different timing with which first price auctions were introduced in Italy to procure public works, this study finds that at least half of the cost savings from lower winning prices are lost because of ex post renegotiation. Screening the lowest price bid for its responsiveness prevents performance worsening but also reduces the initial cost savings by a third and induces delays in awarding the contract. (JEL D44, H54, H57, R42)

In business activities in Indonesia, the contract is a basic framework that is used as a frame of relations for economic actors. Contract may give rise to rights and obligations for the parties to make the contract. Thus the contract is very important in doing business in Indonesia. This condition serves as background of this research in frame of disclosing (1) How the stages to design business contract?; and (2) How to create a contract business structure? The research usesa type of normative legal research with a conceptual and legal approach. Analysis of legal materials collected in this research performed by a descriptive, interpretative, evaluative and argumentative analysis. The research result indicated (1) The stages to design contract onsisting of pre-contract stage, contract signing phase and post-contract stage. In the making of an agreement or contract, the parties to observe some very basic principles in the making of such contract. The principles are to understand the terms of the validity of an agreement, and the principles and elements of an agreement; (2) In designing good and correct contracting of business contracts, it is necessary precision and accuracy of the parties making an agreement or contract. In addition must meet procedural requirements that meet subjective and objective requirements. A good contract must be clear and detailed, concerning the subject, its object and the obligations of the parties and the sanctions imposed on the parties, as well as the clarity of procedures and procedures for the implementation of sanctions, and not contrary to all legal norms relating to the contract. In addition, additional requirements which contain safety clauses for the interest of the parties are also required. Dalam kegiatan bisnis di Indonesia, kontrak merupakan kerangka dasar yang digunakan sebagai bingkai dari hubungan bagi para pelaku ekonomi. Kontrak dapat menimbulkan hak dan kewajiban bagi para pihak yang membuat kontrak tersebut. Dengan demikian kontrak sangat berperan penting dalam berbisnis di Indonesia. Kondisi ini melatarbelakangi penelitian ini dalam rangka mengetahui (1) Bagaimana tahapan perancangan kontrak bisnis? dan (2) Bagaimana pembuatan struktur kontrak bisnis?. Penelitian ini mempergunakan jenis penelitian hokum normatif dengan pendekatan konsep dan undang-undang. Analisis bahan hokum dilakukan secara deskriptif, interpretatif, evaluatif dan argumentatif analisis. Hasil penelitian menunjukkan (1) Tahapan perancangan kontrak terdiri dari tahap prakontrak, tahap penandatangan kontrak dan tahap pasca kontrak. Pihak-pihak yang mrlakukan suatu perjanjian harus melihat prinsip yang menjadi dasar pada kontrak yang dibuat. Prinsip yang dimaksud seperti paham akan unsur dari perjanjian, asas dari perjanjian serta syarat sahnya suatu perjanjian; (2) Perlu cermat dan teliti oleh pihak-pihak yang melakukan suatu kontrak/perjanjian dalam merancang pembuatan struktur kontrak bisnis yang baik dan benar. Selain itu harus memenuhi syarat prosedural yaitu memenuhi syarat subjektif dan objektif. Sebuah kontrak yang baik harus jelas dan terperinci, menyangkut subjeknya, objeknya serta kewajiban para pihak beserta sanksi yang dibebankan terhadap para pihak, serta kejelasan cara dan prosedur pelaksanaan sanksi, serta tidak bertentangan dengan seluruh norma hukum yang terkait dengan kontrak. Selain itu diperlukan juga persyaratan tambahan yang berisi klausul pengaman untuk kepentingan para pihak.

Purpose – The purpose of this paper is to analyze the structure of contractual arrangements in mango orchards and factors affecting the mango contract design in India. Design/methodology/approach – The study is based on personal structured questionnaire survey of 83 contractors in one of the major mango growing areas in India. A snowball sampling approach was adopted to select suitable respondents for the study. Descriptive statistics have been computed to understand the contractor’s response on contract attributes. Factor analysis was used to categorize the contractors’ responses on various attributes of the mango contract. Further, a logistic regression model has been developed to determine the factors affecting the contract decisions. Findings – The study identifies nine aspects of mango contracting covering orchard owner, orchard and contract management characteristics. Further, a logistic regression model has been developed to assess the factors affecting the contractor’s decision on the time of entering into mango contracting, i.e. pre-flowering or post-flowering stage. Regression analysis results clearly indicate that contractors who prefer pre-flowering contracts pay significantly higher attention to contract management attributes. On the other hand, those contractors who normally enter in contract once the mango trees have flowered are more likely to pay attention to orchard-related features. Practical implications – Specifically, the results have implications for contract terms, contract efficiency and effectiveness and overall performance. Finally, the study provides suggestions for a future research agenda to analyze mango production contracts. Originality/value – Though contracting in mango growing is a common phenomena, there is limited analysis on identifying the key contract attributes and factors affecting the contract structure.

Rural teachers' pre-service stage professional promotion mechanism refers to a series of rule-based systems of incentives, constraints and guarantees implemented to promote rural teachers' professional growth before they enter into the profession. At present, although the pre-service stage professional promotion mechanism of rural teachers in China has various forms and fruitful contents, the effectiveness of its implementation is very limited. This paper argues that the enrolment mechanism of orientation and priority for rural children, the training mechanism of public funding and contract flexibility, and competition for entry into the countryside, with the compilation of the post, are the current effective mechanisms to promote the professional growth of rural teachers at the pre-service stage.

District Government Toba Samosir as an effort to optimize the drinking water development system in the region is carrying out the work of optimizing the drinking water supply system. In the agreement that acts as the employer is the official making commitment for the development of drinking water and sanitation in North Sumatra province in collaboration with PT. Nugraha Tyga Supala who acted as a contractor. The research method is normative juridical namely by reviewing document studies and conducting studies at PT Nugraha Tyaga Supala and conducting interviews with related parties. The procedure for implementing the contract of employment is in accordance with the provisions of the applicable law starting with the planning stage in advance, then the public tender process is carried out with the post-qualification method and the cover one method through an announcement by the employer. The rights and obligations of each commitment official namely the right to supervise and inspect the work and are obliged to pay for the work in accordance with the agreement in the contract, while the provider has the right to receive payment according to the contract value stated and is obliged to complete the work on the date in the contract and is responsible during the maintenance period.

The strategic change literature underscores the risk of loss of trust during change but does not address how trust can be restored once compromised. We conduct an inductive longitudinal study of an organization undergoing post-merger integration and examine how management worked to restore employee trust after a conflictual change process. We introduce the psychological contract perspective, which emphasizes relational explanations for loss of trust. We show that repairing trust can be conceptualized as a renegotiation of the psychological contract and develop a three-stage model of trust repair. In contrast to extant models of trust restoration, which emphasize diagnosis, explanation, penance, and reform, our model attends to relational dynamics that may emerge in the context of organizational change, with heightened uncertainty and ambiguity, and highlights the importance of restoring balance and renegotiating the contractual basis of the relationship.

This article is the result of a qualitative field research. This article discusses a series of Sundanese traditional marriages from the perspective of Islamic law. The research location is in Caringin Village, Tegal Panjang Village, Sucinarja District, Garut Regency. This study concludes that the series of Sundanese traditional wedding ceremonies are not in conflict with fiqh law. The series consists of a) pre-marriage stage; b) stage of the marriage contract; and c) post-marriage contract stage. The three sets of Sundanese marriage traditions are in harmony with the law of fiqh. This argument is built by analyzing the three series with the jurisprudence of the four schools of thought, istihsan bi maqasid al-shariah, isthsan bi al'urf, and the text of the argument. Keywords: Sundanese traditional marria, Islamic law, urf, maqasid shari’ah Abstrak Artikel ini adalah hasil penelitian kualitatif lapangan. Artikel ini mendiskusikan rangkaian pernikahan adat Sunda dengan perspektif hukum Islam. Lokasi penelitian berada di kampung caringin desa tegal panjang kecamatan sucinarja kabupaten garut. Penelitian ini menyimpulkan bahwa rangkaian upacara pernikahan adat sunda semuanya tidak bertentangan dengan hukum fiqih. Rangkaian itu terdiri a) tahap pra nikah; b) tahap akad nikah; dan c) tahap pasca-akad nikah. Ketiga rangkaian tradisi pernikahan sunda selaras dengan hukum fiqih. Argument ini dibangun dengan menganalisis ketiga rangkaian tersebut dengan fiqih empat mazhab, istihsan bi maqasid al-shariah, isthsan bi al’urf, serta dalil nas. Kata Kunci: pernikahan adat Sunda, hukum islam, ‘urf, maqasid shari’ah

Cost is an important measure of project success and clients will expect a reliable forecast at the early stage of construction projects to inform their business decision. This study was undertaken to investigate the current practices in managing cost of mechanical and electrical (M&E) services in buildings. The perceptions of practitioners on the benefits of adopting Standard – Based Pricing Mechanism for M&E services as used for building fabrics and finishes was ascertained. The methodology adopted for the study was semi – structure interview and questionnaire survey. Inferential statistics technique was used to analyse the data collected. The results revealed that, M&E services tender documents are often based on lump sum contract. Practitioners are of the opinion that the adoption of Standard – Based Pricing Mechanism (SBPM) could enhance the quality of M&E services price forecast; ensure active post contract cost monitoring and control; encourage collaborative working relationship; enhance efficient whole life cycle cost management; improve risk management and facilitate efficient tendering process. The study suggested the development of local Standard Method of Measurement for M&E services and proposed strategies to facilitate the adoption of SBPM as basis for forecasting contract price of mechanical and electrical services in buildings.

Purpose The purpose of this paper is to examine the transaction costs involved in managing procurement contracts in the public sector, particularly at the lower and higher level of local governments from the clients’ perspective. Design/methodology/approach The paper uses new institutional economics, specifically the transaction cost approach. A multiple case study design was used, in which five local government authorities (LGAs) were selected from the Kigoma and Tanga regions of Tanzania. Interviews with heads of procurement management units, focus groups and secondary sources were used to collect information for lower level LGAs. Findings Very high information, negotiation and monitoring transaction costs were revealed at the post-contractual stage for higher levels of local government in all cases. Transaction costs were associated with institutional problems, lack of financial resources and attitudes towards accountability, transparency and competition. It was also found that lower levels of local government are faced with very high transaction costs for all procurement stages due to a lack of procurement contract management capacity among ward and village procurement project committees, low levels of support from higher level LGAs, a lack of simple Swahili-standardised documents and guidelines for lower level procurement contract management which reflect current legal issues and the lack of a legal framework for procurement at the lower level of local government. These costs are associated with poor accountability and a lack of competition, transparency and efficiency throughout public procurement chains. Research limitations/implications There is no estimate for quantitative approaches, because it is was difficult to measure transaction costs associated with accountability, transparency and efficiency. Originality/value The paper contributes knowledge on qualitative levels of transaction costs for procurement contract management for both higher and lower levels of LGAs from the clients’ viewpoint.

Dalam kontrak komersial, perdebatan “semu” mengenai “keadilan dan keseimbangan” yang berujung pada “ketidakadilan dan ketidakseimbangan” posisi para kontraktan pada dasarnya tidak relevan lagi untuk diungkapkan. Hal ini didasari pertimbangan bahwa dalam kontrak komersial posisi para pihak diasumsikan setara, baik pada tahap proses negosiasi (pre-contractual phase), pembentukan kontrak (contractual phase) maupun pelaksanaan kontrak (post contractual phase). Sementara itu, hasil pertukaran kepentingan para kontraktan dianggap adil apabila berlangsung secara proporsional. Proporsionalitas pertukaran hak dan kewajiban dalam kontrak komersial tidak menuntut hasil yang selalu seimbang-sama (equilibrium-matematis), oleh karenanya perbedaan hasil dianggap adil dan diterima secara wajar apabila proses pertukaran hak dan kewajiban berlangsung proporsional. Penerapan asas proporsionalitas dalam seluruh mata rantai proses kontraktual pada dasarnya merupakan perwujudan doktrin “keadilan berkontrak” yang dianut dan dikembangkan dewasa ini. In commercial contracts, the debates about 'fairness and balance' that led to the 'injustice and imbalance' position of the parties basically irrelevant to be disclosed. It is based on the consideration that the positions of the parties in commercial contracts is similar on the stage of the negotiation process (pre-contractual phase), the formation of the contract (contractual phase) and the execution of the contract (post-contractual phase). Meanwhile, the results of the exchange of the interests of the parties considered fair if it lasts proportionally. The proportionality of exchange of rights and obligations undercommercial contracts do not demand results that are always balanced and same (equilibrium-mathematically), therefore the differences in the results are considered fair and reasonably acceptable if the exchange process of the rights and obligations stay proportional. Application of the principle of proportionality in the whole chain of contractual process is basically a manifestation of the doctrine of "fairness of contract" adopted and developed today.

The author hypothesizes a two-way causality between intracontractual strikes and productivity change in U.S. manufacturing: on the one hand, strikes during the term of a contract, which are thought to reflect more broadly practiced shop floor militancy, slow the pace of productivity growth; and on the other hand, periods of rapid productivity growth provoke increased intracontractual strike activity, among other forms of shop floor protest. The model is tested with quarterly data from 1961 through 1981. Modified two-stage least squares estimates support the hypothesis of two-way causality. A specific finding is that shop floor confrontation played a significant role in the slump in manufacturing productivity that began in the mid-1960s, but not in the more precipitous productivity slowdown of the post-1973 years.

The Rawlsian texts appear not to be consistent with regard to the status of the right of freedom of association. Interestingly, Rawls's early work omits mention of freedom of association as among the basic liberties, but in his later work he explicitly includes freedom of association as among the basic liberties. However, freedom of association would appear to have an economic component as well (e.g., the right to form a firm). If one turns to such “private ordering” (e.g., contract, partnership, and corporate law), we find a similar ambiguity in the Rawlsian texts, as well as sharp divisions in the contemporary literature on Rawlsianism. This ambiguity has engendered widespread confusion over the scope of the two principles of justice—leading to the contemporary dispute over the breadth of what Rawls calls the “basic structure” and the question of whether the principles of justice are properly understood to govern private ordering. There is significant disagreement over the breadth of Rawls's basic structure—one aspect is whether the principles of justice apply to the private law. In a controversial passage in Political Liberalism Rawls addresses this question. This passage has, however, led commentators to reach divergent conclusions. We argue that this disagreement is explained by an instructive confusion in the passage over the distinction between what we characterize as “pre-institutional” and “post-institutional” freedom (vis-á-vis contract and property). The passage, we argue, illicitly shifts from invoking the post-institutional sense of “freedom” to the pre-institutional sense, thereby causing significant though understandable disagreement. Rawls's lapse into the pre-institutional conception of “freedom” provides interpretive grounds for the narrow understanding of the basic structure. If Rawls, however, had invoked the sense of “freedom” to which he is entitled at this stage of his theory—the post-institutional conception—such disagreement need not have arisen.

Background: Anemia is an indirect cause of death for pregnant women and women in labor due to bleeding. One of the inabilities of the uterine muscles to contract is caused by anemia. The use of integrated service posts or Posyandu, especially in the fourth and fifth steps as a stage of individual health promotion, should prevent anemia in mothers.Objective: The purpose of this study was to explore the experiences of midwives in the implementation of the fifth stage of function in integrated service posts in relation to preventing anemia in mothers.Methods: This was a qualitative study with a phenomenological approach conducted from January to November 2020. The participants consisted of eight midwives, two nutritionists, one laboratory analyst, six cadres, and two pregnant women. The participants were selected using accidental sampling in the Poasia Public Health Center working area, Kendari, Southeast Sulawesi of Indonesia.Results: The results showed two themes related to the implementation of the fifth stage of the integrated service post activities: pregnancy examination and treatment of anemia.Conclusion: The implementation of the fifth stage in the integrated service postal service has been carried out maximally utilizing the resources owned by the public health center and the community. However, midwives receive additional burdens for its implementation because cadres are less able to provide health education for pregnant women, especially regarding anemia. The study was supported by the Research and Community Engagement Directory (DRPM) of the Republic of Indonesia.

Information Technology Outsourcing (ITO) has generated considerable interest within Information Systems (IS) research as a consequence of its benefits in terms of cost efficiency and freedom to focus on core capabilities. This study covers the area of ITO in the public sector, specifically, in Swedish Municipalities where ITO has become a mainstream strategy. The influential ITO factors of the post-contract stage of an ITO relationship are examined and debated in light of existent research literature. The research is based on a case study of a Swedish Municipality and a direct IT vendor. A thematic analysis brings light upon three new ITO influential factors which are: (1) mutual understanding and long-term engagement; (2) Multi-sourcing, and (3) Communication between Municipalities, together with other seven factors present in the research literature that have an influence on the ITO relationship. The findings of this study can support ITO decision-makers from Swedish municipalities in improving the ITO relationship between their organizations and IT vendors.

Purpose Based on experience from the UK construction industry, this paper aims to capture the dimensions of the collaborative ethos required for successful implementation of Joint Risk Management, i.e. the cooperative and dynamic risk management approach that continues into the post-contract stage and is jointly undertaken by different project stakeholders. Design/methodology/approach A mixed methods research approach involving semi-structured interviews and a questionnaire survey was adopted to provide the basis for the statistical analysis encompassing descriptive statistics, non-parametric tests and exploratory factor analysis. Findings The analysis highlights the critical role of team integration achieved through the diffusion of collaborative values at strategic and practical level. Relevant applications include early stakeholder engagement, common goals and interests, team building activities and contractual flexibility. Originality/value This research is beneficial for the industry and academia as it enhances the understanding of an under-utilised management tool and highlights the requirements for its successful implementation.

Purpose A study of the current practices for evaluating the ex-post performance of public-private partnership (PPP) school projects in Australia via literature review and qualitative case studies has found that no consistent approach exists for evaluating operational performance. A detailed critique of international PPP audits and practices has identified existing gaps in ex-post performance evaluation. Through a process of comparative analysis and industry confirmation, a performance analysis technique aligned with international practice has been developed that can be utilised by the educational departments across Australia to evaluate the ex-post performance of PPP projects (PPPs). The paper aims to discuss these issues. Design/methodology/approach This paper opted for qualitative archival analysis of case studies using pattern matching, explanation building, time series, and comparative analysis. The data used for document analysis included value reports, project summaries, and contract documents, as well as local and international audit guidelines. Findings This paper reviewed current practices, identified a range of processes, and reported the best practices. However, consideration of the approaches taken in the UK and Australia for evaluating operational performance indicates that current techniques lack consistency. Research limitations/implications The developed ex-post performance measurement framework is limited to Australian PPP school projects and, at this stage, cannot be generalised to other social PPP projects. Practical implications The paper includes implications for the development of better performance evaluation practices and audits. Social implications An enhanced framework for measuring operational performance will increase the accountability of taxpayers in the content of their utilisation by the government. Originality/value This paper presents an enhanced ex-post performance measurement framework for education departments across Australia.

Civil services in India are modeled upon the pattern of Britain. Still there are some important defenses between the law relating to civil servants in England and India. The expression civil post has been subject of judicial interpretation. The safeguard to Govt. servants in India has been provided in Indian constitution under Article and fundamental rights against doctrine of pleasure enumerated in Article 3l0. The doctrine pleasure is originated from English law through East India Company when British directly took over the command of India from East India Company. The doctrine of pleasure was prerogative of king in England. Which means govt. servants used to hold office during the pleasure of king or crown and his services could be terminated at any stage with giving him opportunity unless provided in statute. The crown was not bound by the terms and conditions of employment and terms of contract. It was considered that, king can do no wrong. There were direct relation between crown and its servants and the crown was empowered to terminate the services of its servant without affording them opportunity of hearing or without pay them any retrenchment compensation, pension benefits, damages for wrongful termination or any other relief which are applicable in present era.

Civil services in India are modeled upon the pattern of Britain. Still there are some important defenses between the law relating to civil servants in England and India. The expression civil post has been subject of judicial interpretation. The safeguard to Govt. servants in India has been provided in Indian constitution under Article and fundamental rights against doctrine of pleasure enumerated in Article 3l0. The doctrine pleasure is originated from English law through East India Company when British directly took over the command of India from East India Company. The doctrine of pleasure was prerogative of king in England. Which means govt. servants used to hold office during the pleasure of king or crown and his services could be terminated at any stage with giving him opportunity unless provided in statute. The crown was not bound by the terms and conditions of employment and terms of contract. It was considered that, king can do no wrong. There were direct relation between crown and its servants and the crown was empowered to terminate the services of its servant without affording them opportunity of hearing or without pay them any retrenchment compensation, pension benefits, damages for wrongful termination or any other relief which are applicable in present era.

Waste management in Kenya’s urban centers is becoming a momentous task considering the country’s desire for a middle income industrial economy. The National Environment Management Authority (NEMA) is concerned with the growing rate of waste generation that does not match the rate of collection. Among the industrial sectors that are poised to play a significant role in realization of the middle income industrial status is the textile sector. However, this is a sector that contributes to high volumes of waste generation in Kenya. Yet, it is envisaged that adoption of waste-sensitive procurement could be the panacea to waste management in the sector. The purpose of this study was therefore to investigate the effect of procurement performance practices on waste management in textile firms in Nairobi City County. This study was grounded on the positivist research paradigm in adopting the ex-post facto research design, to interrogate the direct effects of the three procurement practices on waste management. Cochran’s ample size formula was used to decide on a sample size of 142 employees. Stratified and simple random sampling techniques were used to draw the required sample of employees from the respective textile firms. Data were collected using a structured questionnaire comprising of four sections in line with the four constructs under study. Multiple regressions analyses were run to test the postulations made. The study confirmed that textile firms under investigation were not emphasizing more on waste prevention and minimization when procuring materials. This was deemed to be serious considering that supplierprequalification, invitation to tender, and contract structure were all found to be significant and positive predictors of waste management in the textile firm’s context. The conclusions made from the study findings were that; textile firms in Nairobi City County were facing the challenge of waste management due to their laxity in emphasizing waste-sensitive procurement practices. The firms however stand to gain by leveraging upon supplier pre-qualification, invitation of bids, and contract structure that are centric to waste generation. The findings of this study contribute to the theory and practice of waste management by showing that, waste is best managed at the procurement stage. This therefore implies that textile and waste management stakeholders have the onus of coming up with waste management parameters which, supplier pre-qualification, invitation to tender, and contract structure processes should aim at. Future studies should take into account other procurement practices that can be engaged to prevent and minimize waste. Moreover, there may be need to expand the geographical scope of the firms in order to boost external validity

Building Information Modeling (BIM) is a concept that is transforming the way construction is done internationally. Nigeria is lagging behind in adoption of BIM as a collaborative tool amongst professionals in AEC industry. The purpose of this paper is to study the adoption of BIM in Nigeria and determine to what extent it has helped in improving collaboration among consultants in Nigerian construction industry. The research methodology involved using structured questionnaires to 30 AEC firms selected through simple random sampling method. Results showed BIM has a high impact on client satisfaction, time for completion, quality and presentation of different concepts in schematic design. It also showed high impact on conflict resolution, supervision, construction programming and quality of completed jobs during post contract stage. Barriers to adoption of BIM were identified as lack of infrastructure, lack of skilled workers and lack of awareness of technology. Discussion with peers showed that barriers to collaboration included lack of support from leadership in the offices and lack of belief in usefulness of the software. For Nigeria to compete internationally in the construction industry, BIM should be adopted hence there is need for research on the subject. Recommendations include developing a curriculum that will incorporate the study of BIM in all construction courses. Learning centers should also be developed for private practitioners. Efforts should be made by the relevant professional bodies to increase awareness of the technology. Incentives should be given to offices to encourage adoption and collaboration among consultants.

In this study the wheat value chain from one of the highest wheat producing areas in Ethiopia (Arsi zone of Oromia region) to central markets in Finfinnee/Addis Ababa was assessed focusing on market performance, post-harvest losses, and the potential of supply chain management to improve the chain.Value chain analysis, questionnaire-based loss estimations, Tobit model for loss factor determination, structure-conduct-performance (S-C-P), four firm concentration ratio (CR4), market and profit margins, and theory of supply chain management were used to evaluate the wheat value chain. Primary data were collected using a semi-structured survey questionnaire and interview of key informants. The data was analyzed using descriptive statistics and Tobit model in SPSS and Excel software.The study identified producers and their cooperatives, collectors, wholesalers, retailers, and processors as primary actors. At these stages of the wheat chain, post-harvest losses reported were 21%, 3%, 4%, 6%, and 5%, respectively. With the highest loss happening at producers’ stage, this stage was identified as loss-hot-spot point. The Ethiopian Grain Trade Enterprise was also identified as main actor connecting the flow of wheat between producers and consumers occasionally. An increase in a quintal of wheat production, bad storage facilities, and weather conditions caused in an increase in post-harvest losses of 5.18, 4.06 and 1.36 Kgs per quintal, respectively, at 1% statistical significance.The assessed wheat value chain was characterized by unfair share of benefit among the chain actors. The producers who were in a position of adding the highest portion of value to the wheat received only 16% of the profit margin. The traders jointly and processors shared 33% and 51% of the profit margin, respectively. The CR4 assessments in the major wheat markets along the chain noted that with CR4 in Etaya (26.8), Asala (37.7), Adama (41.4), and Finfinnee (42.8), the wheat markets near the producers were more competitive than the central ones. Assessment on the degree of clearness noted that for 54% of the chain actors, it was very difficult to get reliable information about the whole wheat market along the chain. Licensing procedure, capital, and competitions were reported as barriers to wheat market entry.For all producers, retailers, and collectors on agreement with their suppliers, the only means of agreement in doing business with their transaction partners were spot-market. However, 63% and 16% of collectors had oral and written contractual agreements, respectively, with their buyers. 36% and 31% of wholesalers reported they had oral contracts with their suppliers and buyers, respectively; 18% and 12% of them had written contracts with suppliers and buyers, respectively. Similarly, 42% and 9% of the processors had oral agreement with their suppliers and buyers while 23% and 27% of them had written contract agreement with their suppliers and buyers, respectively.The study noted that the wheat chain assessed was characterized by disintegrated chain where businesses were self-oriented and mutualism has not well-developed. Working towards supply chain management and relational view of business has been recommended based on the problems identified in the study.

AbstractThe protection of foreign investment by way of treaties and arbitration has recently suffered attacks on its legitimacy. The article turns on human rights concerns in this context and analyses what legal mechanisms and arguments can be employed to ease the tension between investment protection and human rights. Harmonization in this regard finds two key entry points: first, at the inter-State level of investment agreements, and secondly, at the intra-State level of the foreign investment contract. At the first level, human rights considerations, particularly concerning economic and social rights, can be brought to bear by way of their systematic integration qua treaty interpretation. The article subjects this inroad to close scrutiny but concludes that, while it possesses considerable merits and has attracted a certain attention (albeit still more in the academic world than in that of arbitration practice), it remains an approach ex post, possibly leaving excessive discretion to arbitrators. Thus, at the second level, already at the pre-investment stage, efforts should be made to recast investors' “legitimate expectations” under foreign investment contracts by including a “human rights audit” as part of the due diligence to be conducted by the investor and the host State, to survey the host State's human rights treaty commitments and domestic methods for implementing these commitments. The primary objective of this audit would thus be to fully include the prospective host State's international obligations as part of the body of applicable law and thus create a better map of the landscape of an investor's “legitimate expectations”.

Affirmation of gender equality is one of the aspects of the mankind development process which can be compared by value and closely connected to the global democratization tendency. At the post-industrial stage, the development of men and women equality becomes one of the main aspects of social modernization. The essence of democracy is providing people with rights, the organization of the governmental state on the principle of social contract between equal individuals, who must have the same opportunities for making independent and responsible decisions. Therefore, gender equality is a rather sensitive indicator of the development level of a country. In the system of world renewal and reform, Ukraine tends to integrate into the Euro-Atlantic security model and create a civil society on a modern basis. Such an approach implies the obligation to define clear state gender strategies and the development of an appropriate state gender policy. One of the important aspects of ensuring equal and stable social development with the application of the most effective methods of state intervention is the introduction of the gender approach in the security and defense sector of Ukraine, which becomes a purposeful, systemic and multidirectional governmental activity. It should be noticed that gender policy in this area should be understood as the progress of militaryservice regardless of gender: equality in the perspectives of such service, rights and responsibilities. A new stage of active public assistance in the development of gender policy in the field of security and defense began in 2018 and is still ongoing. Many significant steps have been taken in gender equality in the army and in the fight against gender discrimination. But at the same time, it should be mentioned that today there are some problems in providing gender policy in the military spher; and solving and overcoming of such problems will contribute to increasing the efficiency of the functioning and development of the Armed Forces of Ukraine, as well as the positive implementation of the state gender policy in the context of European choice of Ukraine in the context of its world and European integration.

Purpose – The use of public-private partnerships (P3s) for infrastructure delivery, particularly for highway projects, has been increasing in the USA. The purpose of this paper is to empirically evaluate the difference of P3s and non-P3 highway projects, in terms of their costs and efficiency. Design/methodology/approach – An empirical model of highway construction costs was estimated using a linear regression model that explicitly accounts for the cost differential between the contracts. The differences between efficiencies was also evaluated through a two-stage analysis, where projects’-specific technical efficiencies were first estimated using stochastic frontier analysis and data envelopment analysis, and then the difference in technical efficiencies between the two groups were evaluated through non-parametric tests of means. Findings – Controlling for various project characteristics, the P3 highway projects in the USA showed higher initial costs than non-P3 projects. However, the efficiency scores showed no significant difference between the two groups. This inconsistency between initial costs and technical efficiency scores suggests the complexity involved in P3 projects, which are not captured in the efficiency analysis. Research limitations/implications – Limited availability of P3 project data due to their immaturity (in cases of P3 projects that include operation and management) and their complex engineering specifications may have caused biased results. Importantly, the study analyzed project costs as of financial close; post-financial close variations, such as change orders during construction, cost/schedule overruns, and renegotiation of contract terms, are beyond the scope of the analysis in this study. Originality/value – The present study contributes to the literature as one of the earliest empirical analyses of the performance of highway P3s in the USA. Also, this is one of the first studies to employ frontier analysis methods that focus on the efficiency of highway project delivery.

The problems of material waste and cost overruns are common in the construction industry. These problems occur at different stages of a construction project, from planning, design to project completion. The argument on how to eliminate cost overrun has been on-going for the past 70 years as on-site wastage of materials leads to increase in the final project cost. This paper examines the relationship between the causes of material waste and those of cost overrun at the pre-contract and post-contract stages of a project. The desktop methodological approach was firstly adopted in comparing the causes of material waste and those of cost overruns from the literature, in order to determine the possible relationship. Subsequently, interviews were purposively conducted with construction professionals within Abuja, Nigeria, in order to verify the literature based information. The result reveals that all the causes of material waste also cause cost overrun at the pre-contract and the post-contract stages of a project. 96.88% and 81.81% of the causes of cost overrun also cause material waste at the pre-contract and post-contract stages respectively. Other causes which are not related are mostly, the micro-economic and macro-economic factors. These results are not different from those of the interviews conducted with professionals and summarised in the tick box. It was also found that to achieve Effective Construction Material Waste Management (ECMWM) for any construction project, material waste must be controlled at its sources and causes, and at different stages of a project. Based on these findings, it can be concluded that effective management of material waste would translate into a reduction in the level of project cost overrun. The study recommends that construction-project managers, as well as the construction practitioners should encourage the management of material-waste causes, as it has the potential to minimise cost overrun for projects.

Abstract Introduction: Importance of the IC process emerges from the respect of individual autonomy and the right to self-determination. Beyond being informed, consent involves evaluating, making and signifying a decision. Hematopoietic cell transplantation (HCT) is a complex therapeutic option of “last resort” requiring patients’ full understanding and approval. Candidates shall sign detailed documents describing potentially lethal complications and percentages of survival and cure, before HCT. Objectives-Methods: One hundred twenty post-HCT patients were studied after giving IC. They answered a questionnaire and participated in semi-structured interviews focusing on their experience of consent process. Our aim was to evaluate: a) patients’ comprehension, perception and impact of the IC process, b) the degree to which they assimilated purposes, risks and benefits of transplantation, c) factors influencing patients’ decision to proceed with HCT, d) patient’s psychological status at the time of giving IC. Results: IC was considered as an important medico-legal aspect of HCT by 82% of the population. The transition from informal verbal agreement to a formal written contract implied an important psychological impact for the patient. Significant distress occurred by detailed descriptions of potential side effects and mortality. The awareness of only hope of cure centered patient’s attention negatively on numeric data regarding death risks and survival. Discordance was showed between pre-HCT expectations and actual outcomes. Consent process failed to prepare patients for the post-HCT difficulties of recovery. Patients indicated insufficient provision of information regarding the impact of HCT in their quality of life. Patients made the decision to undergo HCT prior to possessing any substantial knowledge of risks and benefits of the procedure. Decision was largely based on positive outcome expectation. HCT was valued as a cure and therefore this belief determined their decision. Degree of comprehension depended on age, emotional resources, educational level, familial relationships and physician’s personality. Conclusions: Despite patients’ claim to understand important information regarding HCT (treatment risks, side effects, outcome probabilities) IC resulted in confusion and anxiety. Considerable distress occurred by detailed descriptions of potential side effects and mortality. Numeric data was proven useless and seriously altered the physician-patient interaction. Providing details of risks and benefits during the IC process may have little impact on the patients’ decision-making. Patient’s life-threatening illness and limitations on treatment options alter the voluntary nature of their decision. IC has little significance to the patient in terms of his autonomous decision to proceed with treatment. Patient’s continuing education is critical and can help HCT candidates to accept what to expect at different stages of treatment. Comprehensiveness of HCT information is a cognitive, emotional and relational procedure demanding appropriate approach to be successful. Providing information is required at every stage of the HCT procedure and has great importance for the development of a trusting relationship with doctors. Accurate counseling empowers patients to make informed decisions. The findings of the present study give implications for clinical practice and for further research.

Purpose As an asset class, listed property companies (PCs) in the emerging Asian markets have taken on increased significance in recent years. Investors have seen Indonesian real estate investment trusts (REITs) being regulated to become a property investment vehicle in 2007. This sees macro-environment investment in the Indonesian property market taking off to a higher level regionally. In the background, Indonesian listed PCs maintain as one of the major investment vehicles for local and international investors. It has also been the subject of investment for REITs and property investment funds in Indonesia. The purpose of this paper is to assess the dynamics of risk-adjusted performances and portfolio diversification benefits of listed PCs in a mixed-asset portfolio context in Indonesia, from July 2006 to December 2018. The sub-periods of pre-global financial crisis (GFC), GFC and post-GFC of listed PCs is also assessed. Design/methodology/approach Using monthly total returns, the risk-adjusted performance and portfolio diversification benefits of listed PCs from July 2006 to December 2018 are assessed, with extended efficient frontiers and asset allocation diagrams used to assess the role of listed PCs in a mixed-asset portfolio. Sub-period analyses are conducted to assess the post-GFC recovery of listed PCs. Findings Listed PCs delivered higher returns but carried higher risks compared to stocks before the GFC, with bonds having both the lowest returns and risks. The impact of the GFC was highest for Indonesian PCs compared to stocks, where properties did not deliver strong risk-adjusted returns. Notwithstanding the poor risk-adjusted performance, Indonesian PCs had low correlations with stocks and bonds, suggesting some level of diversification potential for stock and bond investors. Stocks outperformed listed PCs across the sub-periods and the full period. Over the post-GFC period, both stocks and listed PCs recovered from the crisis, with stocks turning around stronger. This analysis shows a prolonged recovering and slow bouncing adjustment of listed PCs from the economic changes. This research suggests selected listed PCs may be the outperformers, and, a future contract as a hedge form for listed PC to be implemented. Research limitations/implications The use of the indices of Standard & Poor’s Indonesian property total return (for listed PCs) are as follows: MSCI Indonesia total return (for stocks), Indonesia’s ten-year bond’s total return (for bonds) and Indonesia’s three-month bill total return (for cash). This is used to study the Indonesian listed PCs and may have aggregation effects in its underperformance and therefore drawing a negative outcome. The results may reflect the common fact that the majority of listed PCs in Indonesia are property developers, which also sees underperformances in other emerging country markets. Practical implications Listed PCs have been under increasingly adjusted and positively adapted regulations from the Indonesian Government over the post-GFC period. Therefore, in order to attract interest from international investors in property investment in Indonesia, listed PCs need stronger and more efficiently adapted regulations to a competitive level of respective regulations in the region and globally. Notwithstanding the poor performance in the transitional stage, Indonesian listed PCs bring some diversification benefits to local investors who are able to pick the outperformed invested PCs at the right time. Of the on-going concerns, international investors have no restrictions on holding listed PCs in the Indonesian stock market. This provides room for improvement in business performance in listed PCs as a result of regional/global competition and international management being involved. The present study delivers awareness to investors, researchers as well as policymakers on the Indonesian property market. Originality/value This paper is the first published to present a country profile of significant property vehicles (commercial property, listed PCs and REITs). It also presents empirical research analysis of the risk-adjusted performance of listed PCs and its dynamic role in a local investors’ perspective across the pre-GFC, GFC, post-GFC periods. Given the significance of listed PCs in Asia, this research highlights more information for opportunities and on-going property investment issues in Indonesia.

ABSTRACT Hypothetically-theoretical, almost certainly, without adequate understanding of the business relations agreement will not go well. So, every business person must understand the agreement. Departing from such needs, this article presents two fundamental issues as a material discussion. First, What are the elements that business people must consider in the preparation phase of the business contract? Secondly, What is the urgency of implementing a contract planning preparation phase by business people? Through normative and juridical studies, the explanation is obtained as follows. Business contracts are conducted through the following phases: Pre-contracted stages, contractual stages, and post-contractual phases. As an effort to make an ideal, systematic, and safe contract for the parties, it is necessary to maturation in the preparation phase of the contract drafting. The Implementation of the preparation phase of the business contract is very important so that the contract can be held accountable legally and can be understood by the parties.Keywords: Contract planning, business people, business relationships ABSTRAK Secara hipotetis-teoretis, hampir dapat dipastikan, tanpa ada pemahaman yang memadai tentang perjanjian hubungan bisnis tidak akan berjalan dengan baik. Sebegitu urgennya, maka setiap pelaku bisnis harus memahami tentang perjanjian. Berangkat dari kebutuhan yang demikian, tulisan ini menyajikan dua masalah pokok sebagai bahan pembahasan. Pertama, apa saja unsur-unsur yang harus diperhatikan oleh Pelaku Bisnis dalam tahapan persiapan kontrak bisnis? Kedua, apa urgensi pelaksanaan tahapan persiapan perancangan kontrak oleh Pelaku Bisnis? Melalui kajian secara yuridis normatif, diperoleh paparan penjelasan seperti berikut. Kontrak bisnis dilakukan melalui tahapan seperti berikut: tahapan pra kontratual, tahap kontraktual, dan tahap pasca-kontraktual. Sebagai upaya membuat kontrak yang ideal, sistematis, dan aman bagi para pihak maka perlu pematangan dalam tahap persiapan penyusunan kontrak. Pelaksanaan tahapan persiapan penyusunan Kontrak bisnis sangat penting agar kontrak yang dibuat bisa dipertanggungjawabkan secara hukum dan dapat dipahami oleh para pihak.Kata kunci : perancangan kontrak, pelaku bisnis, hubungan bisnis

Purpose The purpose of this paper is to investigate purchasing practices in service triads by exploring the link between ex ante contracting and ex post contract management and how these practices influence the satisfaction of buyers and suppliers (in concessionary arrangements) with their relationship in terms of meeting the needs of the buyer’s customers. Design/methodology/approach An in-depth exploratory multiple case study was carried out in a shop-in-shop context. Multi-method and multi-source data collection included interviews, documents and the contracts between buyer and supplier, providing evidence of the formal and relational structures in both the contracting and contract management stages. Findings The case findings provide evidence that behavioural standards established in a social contract are important prerequisites for the establishment and subsequent management of a formal contract. Second, this study shows that, when outsourcing core services in a service triad, a combination of performance-oriented and behavioural-oriented contract terms, covering a mix of topics related to both the customer-experience and to buyer-supplier-oriented aspects, contribute to aligning the buyer’s, suppliers’ and customers’ interests. The main findings are presented in a causal model and formulated as propositions. Originality/value This paper is one of the first studies to explore how core services are outsourced in a service triad. It provides evidence that the social contract between buyer and supplier influences the establishment of the formal contract as well as contract management, and a mix of contract topics, some related to the customers’ experience and others purely buyer-supplier oriented, contribute to the alignment of buyer’s, suppliers’ and customers’ interests.

Problem statement. In this study, attention is focused on the Kharkiv theatre development in the 1940–1960’s, the activities of the theatrical entrepreneur Liudvih Mlotkovskyi and the directors of the Kharkov Theatre: Hendrikov, Alferaki, Petrovskyi, Lvov and Shcherbyna. The theatre directors served as intermediaries between the entrepreneur and the Provincial Offices authorities, while addressing issues of organization and contract negotiation with actors, maintenance of theatre premises. They played an important role on repertoire policies controlled with the censorship committee of the Tsar Russia. Research and publications. The subject of Kharkiv theatre as a part of Ukrainian theatre history development in noted period was highlighted in XIX century by the famous writer, literary critic, culture and public activist Hrigoriy Kvitka-Osnovianenko and by Mykola Cherniaiev – a journalist, literary and theatre critic, reviewer of the newspaper “Yuzhnyi krai” (one of the largest provincial newspapers of the XIX century), where his articles about history of theatre organization in Kharkiv was published. In the XX century this period is covered by famous theatre critics: Alexander Klinchin (in the monographs about the Ukrainian theatre prominent figures Mykhailo Shchepkin, Mykola Rybakov, Liubov Mlotkovska), Arkadii Pletniov (in the study “At the origin of the Kharkiv theatre”), Rostyslav Pylypchuk (in “Materials about the Ukrainian theatre history. From the foundation to the beginning of the twentieth century”), Yu. Polyakova (in numerous publications and the preface to M. Cherniaiev’s book “From Kharkiv’s theatrical antiquity”); ethnographers Andrii Paramonov, Volodymyr Titar (in “The materials for the Kharkiv Theatre history of 1780–1934”). The objective of this study is to attempt to supplement the scientific research of famous theatrical scholars (primarily A. Pletnov and M. Cherniaiev) with materials that were found in the Kharkiv region State Archives. The main material. Entrepreneur Liudvig Mlotkovskyi, who headed the Kharkiv theatre from the autumn of 1834 to the spring of 1843, played a significant role in the theatre history of above mentioned period. In 1839 Mlotkovskyi was allocated a piece of land in Kharkiv free of charge to build a theatre. The first stone building of the theater for 1020 seats was opened in 1841. Furthermore, the land was allocated to Mlotkovskyi’s ownership, he was obliged to comply with some terms among which was compulsory that the theatre director was appointed by the governor. As the first director of the new theatre the Count Hendrikov Oleksandr Ivanovych (1806–1881) was elected and approved. Unfortunately, no materials or documents about Hendrikov’s activity in the theatre were found. However, it is known that during the time of his directorship, due to difficulties and debts, the entrepreneur Mlotkovskyi left Kharkiv. The theatre’s premises were first leased to touring troupes (companies), and in 1853, Mlotkovsky donated it to his daughter, the dramatic actress Vera Liudvygovna Mlotkovska-Diukova. Thus, further theatrical activities in Kharkiv were connected with the Diukov’s entrepreneurial family and the managers of the theatre: Alferaki, Petrovskyi, Lviv and Shcherbyna. They faced the difficult task of theatre revival and getting back its fame. Mykola Dmytrovych Alferaki (1815–1860), Collegia Advisor, a nobleman, held the post from 1845 to 1849. As the director, he paid the debts and additionally invested his own money for the theatre development and improvement. From 1849 to 1856 Engineer-Lieutenant Colonel Petrovskyi was the director of the theater. Archival materials describing Petrovskyi’s directorship were located. He tried to save the situation by means of more democratic drama repertoire that was interesting for general public. Mykhailo PavlovychLvov (1819–1867) was the next theatre director appointed. He was an architect, the member of St. Petersburg Academy of Arts, the professor of Kharkiv University. Lvov purchased costumes, scenery, and library; he spent some money to restore the theatre premises. In addition to being in charge of the Kharkiv Theatre, Lvov rented Poltava Theatre and the railway station for 8 years. What his administration was like is not definitely known, but he served as the director to 1857. At the end of 1850’s and beginning of 1860’s the post of the theatre director was taken up by an experienced entrepreneur Ivan Oleksandrovych Shcherbyna (1821–1869). He had the theatre boxes reconstructed, started a permanent ballet company that worked in the theater for 3 years, alternating ballet performances with spectacles of touring companies and the permanent drama troupe stage enters. The time of Shcherbyna directorship at the Kharkiv Drama Theatre appeared to be the most favourable for the Ukrainian repertoire, when along with Russian drama products the plays by Ukrainian authors were staged, such as I. P. Kotliarevskyi, H. F. Kvitka-Osnovianenko, D. Dmytrenko etc. Conclusions. Basing on previously published studies of famous theatre critics and ethnographers and attempting to combine the results of their research with the materials found in Kharkiv State regional archive we conclude: Kharkiv was one of the provincial theatre art centers in the XIX century. Not only theatrical entrepreneurs, but also provincial authorities took part in theatre formation and development. The latters tried to control the repertoire policy through the theatre directors appointed by them. Despite the discouraging conditions connected with the difficulties and censorship oppression some progressive theatre directors, such as Petrovskyi and Shcherbyna, ignored the bans and staged prohibited by censorship dramas. It happened not only for the sake of commercial benefits, but also because the banned drama pieces were the most interesting for the general population, it were modern, democratic and satisfied the needs of the audience. This study does not claim to be complete. Its objectives are to combine some historical finds with modern researches about Kharkiv theatre development, and partly fill in the gaps relating to the activity of the entrepreneurs and directors who headed the Kharkiv theatre in 1840–1860s; the work in this direction will continued.

The article considers weaving therapy as a means of developing mental operations of the individual, a way to distinguish between causal relationships in the individual's behavioural reactions. A positive effect on the cognitive, design, prognostic, informational, technological, reflective, analytical functions of the client’s thinking are revealed. The influence of weaving therapy during counselling of victims of violence is considered as a method of psychological support of people with signs of post-traumatic stress disorder, as well as a type of socio-psychological adaptation of people with acute stress and PTSD. Factors influencing the process of psychosomatization and disruption of interpersonal relationships were identified.Based on the results of processing the theoretical material, a strategy of psychological support and behaviour correction by weaving therapy was formed, which includes four stages: initial interview (remote meeting) – second meeting (the focus of the psychocorrection process and concluding a contract for psychocorrectional work) – work in a training group – conducting an individual case.

3 February marks the 100th anniversary of I.V. Fyodorov's birth. He will remain in the memory of his students, colleagues, postgraduates and doctoral students as a kind, intelligent and great professional. The article "Service to Tomsk State University as a vital credo of Professor I.V. Fyodorov" is devoted to the main stages of life and scientific-pedagogical activity of Doctor of Law, Professor I.V. Fyodorov, who devoted more than forty years of his life to the service to Tomsk State University. A significant part of scientific and pedagogical activity of I.V. Fyodorov at TSU falls within the Soviet period of the Russian state. The university life period of I.V. Fyodorov began on October 01, 1958, when he was hired at TSU. The main period of scientific and pedagogical activity I.V. Fyodorov fell in the 60-80 years of the last century. In pedagogical activity I.V. Fyodorov professed a number of own criteria of teaching: there is nothing more practical than a good theory, knowledge of principles easily replaces ignorance of some facts, students should be taught the law, and not the laws. The main object of I.V. Fyodorov's scientific interests was the civil law contract and its variant, the commercial contract. He studied these contracts as early as in his candi-date's thesis, and then from 1965 he continued in his doctoral thesis and in numerous articles. The main scientific conclusion of his research lies in a capacious formula: The contractual regulation of economic relations is a method of influencing the economy of the USSR. The authors of the article are convinced that I.V. Fyodorov's works have not only scien-tific and historical value. Certain positions of I.V. Fyodorov on the most topical problems of civil law, the main ideas which were expressed by him in the Soviet period of work have not lost their relevance in the post-Soviet period, and some - in the present time as well. These are, for example, the ideas about the fundamental basis of civil law, the relationship between the contract and the obligation, and the importance of fault in contract law, including in busi-ness activity. In his scientific and pedagogical work, I.V. Fyodorov paid much attention to individual work with students. He supervised 20 postgraduate students and was academic adviser to 2 doctoral students. Besides his scientific and pedagogical work, I.V. Fyodorov also took an active part in educational and methodical work at the Department: he was the co-author and editor of different educational and methodical textbooks and practical works on the general part of the civil law. Until 1995, he read the special course Business Contract (50 hours), and since 1995 he led the special course "Contract Law of Russia". During different periods of his life I.V. Fyodorov fulfilled numerous public assignments: he was elected a member of the Tymsk District Committee of the All-Union Komsomol of the Tomsk region, was a member of the CPSU, was elected to various party bodies, was the Chairman of the Tomsk Regional Society "Znanie". I.V. Fyodorov was awarded a number of state medals, he was also marked with TSU badges.

Purpose The purpose of this study is to explore the hospitality franchise purchase decision-making process undertaken by franchisees in Macau as an emerging tourism destination and the role of national culture on purchasing a franchise brand and selecting a potential franchisor. Design/methodology/approach Semi-structured in-depth interviews with 18 franchisees in Macau, who purchased international and domestic hospitality franchise brands, were conducted to understand the feelings, attitudes and motivation of franchisees toward purchasing a hospitality franchise. Findings The study reveals that national culture can play an important role in franchisees’ decision-making process. Personal networks of friends and family (guanxi) are very influential in introducing and steering aspiring entrepreneurs toward franchising as an option to realize their ambitions, although there may be some limitations to franchisees with this approach. Guanxi was also found to be particularly relevant during negotiations and franchisees’ post-purchase reviews. Practical implications International franchisors should understand the importance of guanxi at different stages of the franchisees’ decision-making process. Franchisees should realize how a reliance on guanxi might negatively affect their efforts to undertake sufficient research to thoroughly evaluate the franchisor offer before contract signature. Originality/value A comprehensive hospitality franchisee decision-making purchase framework is developed, which includes the cultural context and cultural values. Guanxi, in particular, affects the franchisee decision-making process.

Background and Aim: Exercise aerobic is associated with increased creatine kinase and blood lactate immediately after exercise, leading to increased muscle damage and undesirable changes in many cellular markers including serum creatine kinase. In such situations, consuming nutrients and supplements such as coenzyme Q10 may prevent metabolic stress damage by increasing buffering power. However, comprehensive studies have not been performed on the effects of this nutrient on the index of muscle injury and fatigue caused by exercise. Methods & Materials: For this purpose, 20 inactive volunteer men were randomly divided into two groups of 10-person Coenzyme Q10 supplement (2.5 mg/kg body weight) and quasi-drug (2.5 mg/kg body weight Dextrose). All subjects participated in the Bruce test exercise contract after 14 days of supplementation. Blood sampling was performed in four stages including baseline, after supplementation, immediately after exercise and two hours after exercise. Creatine kinase, lactate and cortisol indices of both groups were measured during these four stages. Data were analyzed by means of standard deviation and repeated measures ANOVA, Bonferroni post hoc and Independent T-test using SPSS V. 17 at the significant level of 0.05. Ethical Considerations: This article has been approved by the ethics committee of Tabriz School of Medical Sciences with the ethics code IRCT 201203104663N8. Results: The results showed that 14 days of Coenzyme Q10 supplementation had a significant effect on cortisol level (P<0.05). In addition, one session of exhausting aerobic activity increased creatinine kinase and lactate (P<0.05). On the other hand, creatinine kinase did not differ significantly after exercise (P>0.05). Conclusion: According to the results of the present study, 14-day supplementation of Coenzyme Q10 may reduce the cellular damage induced by exhaustive aerobic activity in inactive men and prevent an increase in blood lactate levels.

Abstract Introduction: Natural killer (NK) cells are key elements of the innate immune system. Obinutuzumab (GA101; G) is an anti-CD20 monoclonal antibody with enhanced direct cell death activity and antibody-dependent cellular cytotoxicity (ADCC) vs rituximab (R). Upon binding CD20-bound G/R, NK cells are activated and attack the target cell. Therefore, low pre-treatment NK cell count (NKCC) may be associated with worse outcomes in G/R-treated patients (pts). This exploratory post hoc analysis evaluated the prognostic impact of baseline (BL) NKCC in FL pts treated with G/R plus chemo in the Phase 3 GALLIUM trial (NCT01332968) and DLBCL pts treated with G/R plus CHOP in the Phase 3 GOYA trial (NCT01287741). Methods: BL peripheral blood (PB) NKCCs, assessed by flow cytometry (CD3-CD56+CD16+ cells; normal range [central lab]: 95-640 cells/µL), were available in 1064/1202 (88.6%) FL pts and 1287/1418 (90.8%) DLBCL pts. Cell-of-origin (COO) was determined in 933/1418 DLBCL pts using the Nanostring Research Use Only Lymphoma Subtyping Test (LST). COO and BL NKCC were available in 857/1418 pts. Whole transcriptome gene expression was analyzed using TruSeq RNA sequencing in tumor tissue from 552/1418 DLBCL pts. A 57-gene signature designed to reflect NK cell tumor infiltration was applied to RNA sequencing data from 552 pts; median score was used to define high/low subgroups. Kaplan-Meier methodology was used to estimate progression-free (PFS) and overall survival (OS), and a Cox regression univariate model was used to estimate corresponding HR and CI. The relative importance of BL variables (NKCC, gender, geographic region, treatment arm, chemo backbone/no. of planned chemo cycles, FLIPI/IPI, extranodal/bone marrow involvement, sum of products of diameter, Ann Arbor stage) was evaluated using multivariate (MV) Cox regression models with a stepwise approach. Results: Median (range) BL NKCCs were 220 cells/μL (0-3300) in FL and 200 cells/μL (0-1900) in DLBCL pts. Overall, 108/1064 (10.2%) FL pts and 255/1287 (19.8%) DLBCL pts had low BL NKCC (&lt;100 cells/μL). By COO subtype, 83/485 (17.1%) germinal center B-cell-like (GCB), 37/140 (26.4%) unclassified, and 54/232 (23.3%) activated B-cell-like (ABC) DLBCL pts had low BL NKCC. BL disease characteristics of pts with low vs normal NKCCs are shown in Table 1. Low BL NKCC was associated with advanced disease. On univariate analysis low BL NKCC was associated with shorter PFS in FL (HR 1.57, 95% CI 1.10-2.25, p=0.01; 3-yr PFS 71.6% vs 80.1%) and DLBCL (HR 1.36, 95% CI 1.07-1.72, p=0.01; 3-yr PFS 62.8% vs 70.0%; Figure 1), and shorter OS in FL (HR 2.58, 95% CI 1.51-4.42, p=0.0003; 3-yr OS 87.6% vs 94.3%). DLBCL pts with low NKCC had a trend to worse OS vs pts with normal NKCC (HR 1.35, 95% CI 1.00-1.82, p=0.052; 3-yr OS 77.6% vs 82.3%). On MV analysis, low BL NKCC was independently associated with PFS in FL (HR 1.48, 95% CI 1.02-2.14, p=0.04) and DLBCL (HR 1.36, 95% CI 1.01-1.83, p=0.04). The DLBCL result appeared to be driven by COO subtype, with the highest estimated HR in GCB (HR 1.58, 95% CI 1.0-2.5, p=0.05), and no effect in unclassified and ABC. Interestingly, in line with the enhanced ADCC of G, the impact of low BL NKCC on PFS was stronger in G-treated FL pts (HR 2.06, 95% CI 1.24-3.41, p&lt;0.01) vs R-treated pts (HR 1.19, 95% CI 0.71-1.99, p=0.5), while less pronounced in the GCB DLBCL subgroup (G-treated pts: HR 1.25, 95% CI 0.91-0.77, p=0.182; R-treated pts: HR 1.47, 95% CI 1.06-2.06, p=0.021; Figure 2). Although there was no correlation between PB NKCC and tumor NK cell gene expression among biomarker-evaluable pts in GOYA, low tumor NK cell gene expression was associated with shorter PFS in G-treated DLBCL pts (all COO subtypes; HR 1.95, 95% CI 1.2-3.1, p&lt;0.01), with a trend for low CD56 mRNA expression alone (as continuous variable) correlating with shorter PFS (p=0.043). Conclusions: In this largest prospective collection of PB NK cells to date in FL and DLBCL, substantial numbers of pts had reduced NKCCs at BL, which was associated with advanced disease. Univariate and MV analyses may suggest that low PB NKCC is independently associated with shorter PFS in FL and DLBCL and shorter OS in FL. Likewise, low NK cell gene expression in tumor tissue was associated with shorter PFS in G-treated DLBCL pts. Collectively, our results from this exploratory analysis indicate that the number of NK cells in PB and tumor tissue may impact clinical outcome of non-Hodgkin lymphoma pts treated with anti-CD20 antibodies. Disclosures Klanova: F. Hoffmann-La Roche Ltd: Employment, Other: GALLIUM and GOYA are sponsored by F. Hoffmann-La Roche Ltd. Third-party editorial support, under the direction of Magdalena Klanova, was provided by Lynda McEvoy of Gardiner-Caldwell Communications, and was funded by F. Hoffmann-La Roche Ltd. Oestergaard: F. Hoffmann-La Roche Ltd: Employment. Trněný: Takeda: Consultancy, Honoraria; BMS: Consultancy, Honoraria; Abbvie: Consultancy, Honoraria; Celgene: Consultancy, Honoraria, Research Funding; Roche: Consultancy, Honoraria, Research Funding; Janssen: Consultancy, Honoraria; Gilead: Consultancy, Honoraria. Marcus: Celgene: Other: Support for meeting attendance ; Roche: Consultancy, Honoraria, Other: Travel support, Speakers Bureau. Sehn: Roche/Genentech: Consultancy, Honoraria; Amgen: Consultancy, Honoraria; Celgene: Consultancy, Honoraria; Abbvie: Consultancy, Honoraria; Janssen: Consultancy, Honoraria; Seattle Genetics: Consultancy, Honoraria. Vitolo: Gilead: Honoraria; Janssen: Honoraria, Membership on an entity's Board of Directors or advisory committees; Takeda: Honoraria; Celgene: Honoraria, Membership on an entity's Board of Directors or advisory committees; Mundipharma: Honoraria; Roche: Honoraria, Membership on an entity's Board of Directors or advisory committees, Research Funding. Bazeos: Roche: Other: • A year-long academic collaboration contract with Roche (no financial gain).. Goede: Gilead: Membership on an entity's Board of Directors or advisory committees; Roche: Honoraria, Membership on an entity's Board of Directors or advisory committees, Other: travel grants, Speakers Bureau; Janssen: Honoraria, Membership on an entity's Board of Directors or advisory committees, Other: travel grants, Speakers Bureau. Zeuner: Roche: Employment. Knapp: Roche: Employment. Sahin: Roche: Employment, Equity Ownership. Danesi: Roche: Employment. Bolen: Genentech: Employment, Equity Ownership. Robson: F. Hoffmann la Roche: Employment. Venstrom: Genentech, Inc.: Employment. Nielsen: F. Hoffmann-La Roche Ltd: Employment, Equity Ownership. Fingerle-Rowson: F. Hoffmann-La Roche Ltd: Employment, Equity Ownership.

Terry George Abisay dan Nurhadi1) Departemen Supply Chain Management, PT Freeport Indonesia, Mile Post 38 Timika Papua2) Jurusan Teknik Mesin, Politeknik Negeri Malang & Contract Consultant pada Departemen Quality Management Services (QMS), PT Freeport Indonesia PapuaJl. Soekarno Hatta No. 8, MalangLaman: nurhadiabuzaka@gmail.com, terry.abisay@yahoo.comABSTRAKBandara Soekarna Hatta sebagai perusahaan aviasi bertaraf internasional ternyata belum menerapkan sistem manajemen risiko berstandar internasional yang mengacu pada ISO 31000, sehingga berdampak pada munculnya potensi risiko negatif bagi keselamatan jiwa, lingkungan, harta benda dan reputasi perusahaan. Tujuan penelitian untuk melakukan penilaian risiko dan pengendalian risiko menggunakan sistem manajemen risiko dengan standar internasional. Penelitian manajemen risiko diarahkan pada dampak negatif yang ditimbulkan oleh suatu kejadian pada operasional bandar udara, khususnya Fasilitas Operasi dan. Tahapan proses manajemen risiko mengacu pada ISO 31000 meliputi identifikasi risiko, analisis risiko dan evaluasi risiko menggunakan tools penelitian fishbone dan Risk Breakdown Structure (RBS). Ekspektasi dampak dan kemungkinan kejadian dipetakan melalui risk matrix dari Federation Aviation Administration (FAA). Hasil penelitian menunjukkan bahwa pada bandara Soekarno Hatta terdapat 7 peristiwa risiko yang mempunyai potensi bahaya yaitu: pecahnya permukaan runway, kecelakaan pesawat saat take off/landing, terganggunya pelayanan navigasi dan komunikasi penerbangan, kecelakaan pesawat di area apron, gangguan keamanan di bandara, jetblast pesawat, dan lolosnya barang berbahaya ke dalam pesawat.KataKunci: risiko, manajemen risiko, ISO 31000, fasilitas operasi dan teknik, risk matrix FAAABSTRACTSoekarna Hatta Airport as an international aviation company hasn’t yet implemented an international standard risk management system based on ISO 31000, so it triggers the occurrence of negative impacts to the human, environment, property and company reputation. This research aims to conduct a risk assessment and control by using an international standard risk management system. Risk management research is focused on the negative impacts caused by an event of airport operations, particularly operations facility and machine. The Stages of the risk management process are based on ISO 31000 including risk identification, risk analysis, and risk evaluation using fishbone and Risk Breakdown Structure (RBS) tool. Impact Expectations and possible occurrence are mapped through the risk matrix which is defined by the Federation Aviation Administration (FAA). The results showed that there were7 events at Soekarno Hatta airport that have potential risk, namely, outbreak of the runway track, plane accidence during take-off/landing, disruption of flight navigation and communication services, accidence in the apron area, security disruption at the airport, aircraft jetblast, and entry of dangerous goods on board.Keywords: risk, risk management, ISO 31000, operations and engineering facilities, risk matrix FAA

Electronic contract (e-contract) is a contract that vulnerable to the emersion of problems because the contract happened between absence persons. This problem can be avoided if businessman who included in the electronic commerce using principle of good intention. According to the Information and Electronic Transactions Act declare that good intention shall be given during the transaction taking place, it must be interpreted both in the pre-transaction stage, transaction stage, and post-transaction phase. Thus, in order to protect consumer, it's good intention should be exist in every phase of consumer transaction. Keywords: Electronic Contract, Good Intention, Consumer Transaction.

(In this abstract, numbers in parentheses refer to key figures in the text which facilitate understanding.) Selected aspects of notostracan morphology are considered from a functional standpoint and related to habits whenever possible. Scanning electron microscopy and observations on the early stages of development have revealed differences, some of functional significance, between what have been regarded as no more than racially different populations of certain species. These suggest that our taxonomic understanding of the Notostraca is still incomplete. The natural history and general habits of notostracans are briefly described. Many structural features are related to benthic habits. The development of a dorsal, dome-shaped carapace (2 and 3) has probably influenced the evolution of the trunk and other features involved in maintaining hydrodynamic efficiency when swimming. Eggs, which in some species are firmly attached to substrata (4), are probably less easily dispersed than often supposed. Besides its ecological significance, this has a bearing on taxonomy, zoogeography and evolution. The gross morphology of the trunk limbs is re-described as an essential preliminary to interpreting function, and various hitherto undescribed structural features are reported. The anterior series of trunk limbs (5—9) fulfil a multiplicity of roles (in standing, swimming, digging, clambering, food collection and manipulation, egg-carrying, respiration and sensing the environment) and have evolved within the constraints imposed by the overlying carapace, whose presence has, conversely, been exploited. Limbs of the posterior series (10-15) are less constrained by the carapace and have developed large exopodite paddles that set up a respiratory stream, but they are also involved in food handling. Scanning electron microscopy has revealed details of trunk limb armature previously poorly known and often of great complexity. Many of the spines and setae that play an important part in food handling are hinged at the base in a characteristic manner (21, 24, 33, 34 and 40), a feature of great functional significance. Spectacular groups of sensillae are present on the trunk limbs of Lepidurus apus (54—62). The profusion of sensillae on the trunk limbs of the Notostraca stands in marked contrast to the situation in other branchiopods and is probably related to the versatility of food collecting techniques employed, which necessitates an ability to handle a wide range of food items, ranging from detrital particles to large prey organisms. An account of the functional anatomy of the head (63—67) is presented. The mandibles are biting appendages (29, 69-71, 87 and 102) that can abduct widely. In this they contrast strikingly with the rolling, grinding and crushing mandibles of most branchiopods whose ability to abduct is extremely limited. Nevertheless they share many features with such mandibles. Skeletally they have the same hollow, boat-like structure, but their arm ature is very different, consisting of heavily sclerotized, toothed ridges with additional refinements (69-76). The articulating surface is broad (68), not pointed as in most branchiopods. There is a massive transverse mandibular tendon (64, 81, 82, 85, 87, 88 and 90) homologous with that of other branchiopods but vastly thicker. On each side it is suspended and braced by three dorsal ligaments, and braced by an anteroventral ligament and by four dorsal muscles (66, 67, 87 and 88). It is also supported posteriorly by a pair of complex cuticular apodemes and anchored by fibres to simpler anterior apodemes (64-66, 91 and 93). The mandibular muscles share many basic attributes with those of other branchiopods but differ strikingly in ways that are related to the different actions that notostracan mandibles and those of the rolling and grinding type have to perform. The transverse muscles originate essentially from the ends of the transverse mandibular tendon (19, 81 and 102). None does so from the main part of its posterior face as they often do in other branchiopods. There are no 5c muscles, in which respect adult notostracan mandibles appear to be unique among branchiopods. Abduction is achieved by dorsally located abductor muscles (66, 67, 86 and 87) that have no counterpart in other branchiopods. The broad articulating surface can slide as these muscles contract, allowing abduction of the molar regions. The paragnaths, maxillules, maxillae and post-mandibular apodemes make up a functionally integrated complex (64, 66, 67, 94, 97 and 99). The maxillules (100 and 101) are much more complex than hitherto appreciated and far more so than in any other order of the Branchiopoda. Each is two-segmented, the proximal segment having elaborate armature. Intrinsic and extrinsic muscles are involved in maxillulary movements. Among their several roles the post-mandibular apodemes provide firm anchorage for the ventral longitudinal muscles of the trunk (81). In contrast to the fleshy labrum of most branchiopods with its often conspicuous labral glands, that of the Notostraca is a flattened structure that lacks labral glands (63 and 64). Standing, swimming and digging are important elements in the life of notostracans and are related to feeding habits. Aspects of trunk limb structure in relation to the feeding mechanism are discussed. Notostracans feed both on finely particulate material and on large items. These food sources call for different handling techniques, both of which are described. In neither case is filtration involved. In both, food is passed forward along, or adjacent to, the shallow food groove from gnathobase to gnathobase and eventually to the mouthparts. The morphological specializations involved in the process and in the actions of the mouthparts are described. Notostracans hatch as nauplii (119 and 120) (with the possible exception of certain populations of Lepidurus arcticus in which this stage may have been eliminated, though the evidence is ambiguous). These do not feed. Feeding begins at stage 2 in Triops . Food is collected by the m andibular palps and passed to the oesophagus by a masticatory spine on each mandibular gnathobase (105). At this stage the gnathobase has no armature on the prospective masticatory surface, exactly as in the Anostraca. Proximal masticatory spines of the antennae help to pass food forward but the distal masticatory spines do not collect food and, in T. cancriformis at least, seem not to play any part in food handling. In T. cancriformis the mandibular gnathobases develop their first masticatory armature at stage 3 (106). During subsequent ontogeny in Triops the naupliar mechanism is gradually replaced by that of the adult. Development is essentially anamorphic but the trunk limbs develop at much earlier stages than in the Anostraca. Lepidurus arcticus hatches as a non-feeding nauplius that very quickly moults to a stage much more advanced than stage 2 of Triops , there being a virtual metamorphosis at the first moult. Although the second instar swims by an essentially adult (though still rudimentary) mechanism, it does not feed. Its mandibles indeed are incapable of handling food, being in essentially the same state of development as those in stage 2 of T. cancriformis but with minute, non-functional gnathobasic spines (122) At no stage do the antennae possess either proximal or distal masticatory spines (121) and the mandibular palps never collect food. There is in fact no naupliar feeding mechanism. When feeding begins, at stage 3, the mechanism involved is already of an essentially adult type. Although the absence of the 5c muscles of the transverse mandibular series is an outstanding feature of adult notostracans, these muscles are present in the early stages of development (116, 125 and 129). Swimming of the early stages of Triops has been analysed. As in early anostracan larvae the nauplii and early post-naupliar stages inhabit a low Reynolds number environment and have essentially no momentum. Oar-like movements of the antennae propel the larva forwards during the working stroke but, as soon as this impetus ceases, so does forward motion, and during the recovery phase of the cycle of antennal beat the larva moves backwards (130 and 131). Over a series of moults this mechanism is gradually replaced by the adult mechanism as the trunk limbs develop and the antennae atrophy. A comparison between the early stages of the Notostraca and Anostraca from both functional and evolutionary standpoints reveals striking differences, as well as similarities that are probably indicative of remote common ancestry. The Notostraca occupy an isolated position within the Branchiopoda. Although primitive, the Notostraca may be less so than the Anostraca.

Less is understood about the application of clauses in law still No. 13/2003 of Employment related to the employment contract agreement and application of policy by the company. The emphasis is more on the Division of work and wages, status, and rights obligations arising from a contract employee at the unrest made the author of lifting the title associated with the problem. Act No. 13/2003 set the employment aspects, pre-contractual post, contractual agreement or application of a contract of employment. Contract period should only be done the longest five years more than that by-law contract employees become permanent employees. In the annual cycle of the company, the Division of labor is always preceded by the signing of the Treaty of a new employment contract, this is already happening in 8 (eight) years during an employee's contract of employment. This is an effect of the Division of labor in turn on employee contracts, so as if the employees are new people who are allowed to work as contract workers without views his tenure. The methods used in this research is qualitative methods and approaches. Data collection methods used are observation, documentation, interviews, and triangulation. Data analysis was conducted in three stages namely data reduction, the presentation of the data, and draw conclusions. The results showed after a specified time Work agreement first and next, some things are agreed by the parties i.e. the structure of wages, organizing rights and obligations of the parties, the application of shifts in work for employee contracts and on the status. In terms of implementation there are some violations committed by the company include the status of the employees as employees of the contract exceeded the minimum contract, things that can be counted as wages, the formulation of the agreement does not employee directly involved as well as the content of the agreement of the working time (KKWT) which has the same legal power is not given to employees, company regulations passed by the Government authorities are not given to employees and the last granting period in different shifts for some employee contracts.

Subject area of the teaching case The case can be used in the subject areas of marketing, strategy, business model innovation, and general business growth, particularly those with a focus on emerging markets. Student level This case can be used in postgraduate and post-experience business courses such as Master's degrees in Business Administration, postgraduate diplomas, executive education, or specialist Master's degrees. Brief overview of the teaching case This case looks at craft beer business Jack Black's Brewing Co. started in 2006 in Cape Town. After humble beginnings, protagonist McCulloch grew the company rapidly with a focus on the strategic “tap” market across the country. After systematically working with a number of contract brewers the company finally invested in their own, industrial-scale brewery and brewpub. The dilemma facing McCulloch and Jack Black's Brewing Co. is one of cash flow. In order to generate cash flow, the management team needs to drive sales so that the brewery operates at full capacity. While it strives to attain this goal, there are considerable cash flow and liquidity challenges. Expected learning outcomes The development of an understanding of an effective marketing mix to position a niche and young brand. An understanding of the concept “co-opetition” and how it works in a growing market. The ability to assess the various growth stages of a business.

EditorialWelcome to the first issue of the Journal of Construction Business and Management (JCBM). It is the outcome of many months of preparation involving, reviews and counter-reviews aimed at helping students and academics get important feedback on their research and also to produce quality research articles to the research community and construction industry. The journal’s ideology stems from a thinking that there is a link between business and management theory which guide construction practice and performance. This first issue, therefore, marks the beginning of significant contribution to knowledge in all areas relevant to construction practice, performance and problems within the built environment through the lens of business and management principles. I wish to thank all authors who submitted papers for consideration in the first issue, some of which are still undergoing review to be published in subsequent issues. Also, I wish to thank members of the Editorial Board and Panel of Reviewers for their assistance, timeous feedback and comments that helped shape and improve the quality of the submitted manuscripts. Knowledge and skills required to manage construction projects efficiently and effectively can be established through research and observation and categorized and used to educate, train and socialize construction professionals, who like other professionals should be socially responsible. It is also important that professionals are aware of the challenges in the project environment. Fittingly, we publish in this issue five papers that look at sustainability, construction management, practice and performance within the built environment. The scholarly articles report the role of management in changing the perception of workers regarding Health and Safety on construction sites; managing the factors responsible for changes in building construction costs; identifying critical success factors that determine the performance outcome of building maintenance projects; evaluating the coastal hazards, risks and environmental challenges to urban development from the dynamics of a Peninsula; and an approach for relating material waste to cost overrun at the pre-contract and post-contract stages of a project. I encourage you to read these informative articles. Finally, the editors are happy to receive feedback on how to deliver a better service to the authors, readers, and subscribers that will result in the overall improvement of the journal.Abimbola Windapo PhDEditor-in-chief

York University’s multi-disciplinary capstone design class was established “to include significant elements of design and implementation” in such as manner as to “resemble engineering projects in practice.” The class was restructured in summer 2016 to coincide with the introduction of fourth-year cohorts in both the Electrical and Mechanical programs. The changes were designed to more closely emulate an industry-standard approach. Choosing an industrially-accepted design methodology would provide a good framework for the project design and implementation and would be motivational to the students as they transitioned from university to professional life. In parallel, the course directors used a narrative structure, the Hero’s journey, to help students identify their pathways through capstone and to tell their capstone stories after the experience.We adapted the gating reviews for the Waterfall model often used in large government contracts. At the start of the project, students are provided a governing document (similar to a contract). Gate reviews are held at preliminary and critical design stages, test readiness and post-test review and final delivery. Every deliverable requires team reflection, similar to bidder self-evaluations on government contracts. The project concludes with an open house, similar to a product release, for students to present their projects and processes to stakeholders and the general public.This paper presents the results of the first two years of the newly revised capstone, using the Hero’s Journey metaphor and the waterfall model.

Photo by Patrick Tomasso on Unsplash ABSTRACT In cases where the law conflicts with bioethics, the status of rights must be determined to resolve some of the tensions. This paper considers the origins of both legal and philosophical rights, arguing that rights per se do not exist naturally. Even natural rights that are constitutional or statutory came from relationships rather than existing in nature. Once agreed upon, rights develop moral influence. INTRODUCTION l. The Question of Rights The language of rights is omnipresent in current discourse in law, bioethics, and many other disciplines. Rights dialogue is frequently contentious – some thinkers take issue with various uses of rights in the modern dialogue. For example, some criticize “rights talk,” which heightens social conflict when used as a “trump” against disfavored arguments.[1] Others are displeased by what is termed “rights inflation,” where too many novel rights are developed, such that the rights these scholars view as “more important” become devalued.[2] Some solutions have been proposed: one recommendation is that rights should be restricted to extremely important or essential ones. Some Supreme Court justices make arguments for applying original meanings in legal cases.[3] Conflict over the quantity and status of rights has long been a subject of debate in law and philosophy. Even Jefferson had to balance his own strict reading of the Constitution with tendencies to exceed the plain text of the document.[4] This thread of discourse has grown in political prominence over the years, with more Supreme Court cases that suggest newly developed (or, perhaps, newly recognized) rights. The theoretical conflict between textualists and those looking to intent or context could lead to repealing rights to abortion, sterilization, or marital privacy and deeply impacts our daily lives. Bioethics is ubiquitous, and rights discourse is fundamental. This paper analyzes the assumptions that underlie the existence of rights. The law is steeped in philosophy, though philosophical theories have an often-unacknowledged role. This is especially true in cases that navigate difficult bioethical issues. As a result of this interleaving, the ontological status of rights is necessary to resolve some of the theoretical tensions. Many philosophers have either argued for or implicitly included human rights in their theories of morality and legality. However, there is no universally accepted definition of rights; various philosophers have their own approaches. For example: Louden comments, “Rights are permissions rather than requirements. Rights tell us what the bearer is at liberty to do”; Martin thinks that a right is “an established way of acting”; Hohfeld concludes that all rights are claims.[5] Similarly, there is dissent about the qualities of rights: The Declaration of Independence characterizes rights as unalienable, but not all thinkers agree. Nickel comments, “Inalienability does not mean that rights are absolute or can never be overridden by other considerations. . . Perhaps it is sufficient to say that [human] rights are very hard to lose.”[6] This discord necessitates additional analysis. “Many people tend to take the validity of. . . rights for granted. . . However, moral philosophers do not enjoy such license for epistemological complacency.”[7] Because of the fundamental impact that political and moral philosophy enacted as the law have, this paper considers the origins of both legal and philosophical rights, arguing that rights per se do not exist naturally. Even natural rights that are constitutional or statutory came from relationships rather than existing in nature. Once agreed upon, rights take on moral force. ll. Legal Rights: From Case to Constitution Bioethics and law sometimes address rights differently. Three Supreme Court cases marked the development of privacy rights in the United States: Griswold v. Connecticut (1965), Roe v. Wade (1973) and Cruzan v. Director, Missouri Department of Health (1990). These cases shape the normative dialogue and consider complex moral quandaries. Griswold v. Connecticut concerned providing contraception to married couples in contravention of state law. Justice Douglas writes for the majority that, based in “a right of privacy older than the Bill of Rights,” legally protected zones of privacy extend from the text of the Constitution. “Specific guarantees in the Bill of Rights have penumbras, formed by emanations from those guarantees that help give them life and substance.”[8] Writing in dissent, Justice Black argues that there is not a broad right to privacy included in the provisions of the Constitution, and expresses concern over “dilut[ion] or expans[ion]” of enumerated rights by terms such as privacy, which he characterizes as abstract and ambiguous – and subject to liberal reinterpretation.[9] He concludes that the government does have the right to invade privacy “unless prohibited by some specific constitutional provision.”[10] Also dissenting, Justice Stewart finetunes the argument: rather than look to community values beyond the Constitution, the Court ought to rely solely on text of the document, in which he “can find no such general right of privacy in the Bill of Rights, in any other part of the Constitution, or in any case ever decided by this court.”[11] Thus, Griswold v. Connecticut is an example of the tensions within the Supreme Court over strict textualism or broader interpretations of the Constitution that look to intent and purpose. Roe v. Wade held that there is a right to privacy found through the Due Process Clause of the Fourteenth Amendment that includes the right to make medical decisions including abortion. While the conclusion – that there is a Constitutionally protected right to abortion, with certain limits seems to expand the Griswold doctrine of privacy rights, dissent to the ruling stems from much the same concern as before. Justice Rehnquist writes: A transaction resulting in an operation such as this is not "private" in the ordinary usage of that word. Nor is the "privacy" that the Court finds here even a distant relative of the freedom from searches and seizures protected by the Fourth Amendment to the Constitution, which the Court has referred to as embodying a right to privacy.[12] However, he then departs from the stricter approach of Justices Black and Stewart: I agree… that the "liberty," against deprivation of which without due process the Fourteenth Amendment protects, embraces more than the rights found in the Bill of Rights. But that liberty is not guaranteed absolutely against deprivation, only against deprivation without due process of law.[13] This is a tempering of the stricter constructionism found earlier, where more latitude is allowed for the interpretation of the text of the Constitution, even though there are clearly limits on how far the words may be stretched, with the genesis of a new right. Later, in Planned Parenthood of Southwestern Pennsylvania v. Casey, the Court further refined Roe v. Wade implementing an “undue burden” test.[14] In Cruzan v. Director, Missouri Department of Health, the Court held that there is a general liberty interest in the refusal of medical treatment. The case continues the tradition of Griswold and Roe v. Wade ensuring a liberty that is beyond the text, but also allows states to impose a strict evidentiary burden to shape how the right is exercised. The Court affirmed the lower court’s decision that “because there was no clear and convincing evidence of Nancy [Cruzan’s] desire to have life-sustaining treatment withdrawn. . . her parents lacked authority to effectuate such a request.”[15] The Supreme Court found that the clear and convincing evidentiary burden applied by the Missouri Supreme Court was consistent with the Due Process clause. Justice Scalia notes that even though he agrees with the Court’s decision, he finds this judgment unnecessary or, perhaps counterproductive, because the philosophical underpinnings of the case “are neither set forth in the Constitution nor known to the nine Justices of this Court any better than they are known to nine people picked at random from the Kansas City telephone directory” and should be left to the states to legislate as they see fit.[16] He goes on to further argue that the Due Process clause “does not protect individuals against deprivations of liberty simpliciter”; rather, it protects them from infringements of liberty that are not accompanied by due process.[17] Justice Scalia’s textualist position likely influenced his remarks.[18] Comparing these cases, I argue there is a distinct effort to make the Constitution amenable to contemporary mores and able to address present issues that is moderated by justices who adhere to the text. The legal evolution of rights that are beyond the text of the Constitution may reflect social norms as well as the framers’ intent. Rights are protected by the Constitution, but the Constitution is mutable, through both case law and legislation. Prior to the adoption of the Constitution, the Declaration of Independence declared: 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.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed.[19] The Declaration of Independence gives insight into rights prior to the Constitution by referring to a priori rights extended by a creator, sheltered and supported by the state.[20] For earlier evidence of rights, Supreme Court cases often reference English common law doctrines. The common law was informed by preexisting principles and drew on a historical body of thought: philosophy. Exploring philosophy can give insight about the evolution of law. lll. Philosophical Rights: Issues of Ontology A moral right, the precursor to many legal rights, in some ways is a claim that bears moral weight. One relevant distinction is between positive and negative rights: a positive right is a claim on another to do something for the right holder; a negative right is a claim on others to leave the rights holder alone. Some rights are per se (that is, rights that have a de novo ontological origin) and some are constructed (rights that are secondary to some other theoretical apparatus). We must appeal to the state of nature to understand the origin of rights. If rights exist in the state of nature, they are de novo; if not, they are constructed. The state of nature is the theoretical realm where there are no social conventions or no normative rules. The theoretical state of nature is stateless. Hobbes writes about the state of nature. He constructs the person within as incorporating two normative qualities: the law of nature, “whereby individuals are forbidden to do anything destructive of their lives or to omit the means of self-preservation,” and the right of nature, where the person has the “right to all things” – those things required for self-preservation.[21] Similarly, more contemporary philosophers have also inferred that the right to freedom is a natural right.[22] I argue that nature allows every person the freedom to all things, or a natural right against limitation on freedom. Every person has the capacity to do whatever they want, in accordance with their reason; liberty, rather than being a normative claim, is a component of the essence of beings. Yet both nature and other people pose some limitations. Early modern contractarians’ status theories maintain that human attributes engender rights. [23] A specific formulation of human status ethics can be found in Kantian deontology. From the autonomous and rational will, Kant evolves his Categorical Imperative: “Act only according to that maxim whereby you can at the same time will that it should become a universal law.”[24] Without (or before) law, philosophers suggested behaviors should reflect moral rights. Like Rawls, I maintain that the state of nature includes both a scarcity of resources and individuals with whom we may develop conflicts of interest.[25] Individually, we are vulnerable to others, and because of that natural vulnerability, we have an inclination toward self-interest.[26] Therefore, we eventually find the state of nature unsatisfactory and move to create a civil society. Then the subsequent pathway to creating “rights” is well known. People agree on them and act accordingly. Then, they are enshrined in the law.[27] I attribute the impetus to move from the state of nature toward government to interpersonal interaction that creates a form of the social contract. Rawls qualitatively describes this when he notes the “identity of interests” that powers interpersonal cooperation.[28] To me, the development of positive social relations has three components. The first is the human capacity for empathy. Empathy is commonly accepted by psychologists as universal.[29] Kittay deepens the concept of human empathy, arguing that there is a “register of inevitable human dependency” – a natural sense of care found in the human experience of suffering and decay and death to which we all eventually succumb, necessitating a recognition of interdependence and cooperation.[30] The second is the importance of identity in generating social cooperation.[31] There is a sense of familial resemblance that resonates when we see others in our lives, forming the base of the identification that allows us to create bonds of mutual assent. A microsociety develops when people are exposed to each other and acts as a miniaturized state, governed by what is at first an implicit social contract. An internal order is generated and can be codified. The third component of social relations is the extension of the otherness-yet-sameness beyond human adults. Mirroring connects the fully abled adult man and the woman, as well as the child, the physically and mentally disabled, and could extend to animals as well.[32] Therefore, to me, it seems that rights do not exist per se in the state of nature, but because of our human capacities, relationships yield a social contract. This contract governs interpersonal relations with normative power: rights are constructed. Once constructed based on people in micro-society and then larger groups, rights were codified. Negative rights like those found in the U.S. Constitution allow people in liberal society to codify nearly universal ground rules in certain arenas while respecting minority views and differing priorities. However, the social contract is not absolute: it may be broken by any party with the power to enforce their will upon the other and it will evolve to reflect changing standards. So, there is a subtle distinction to be made: in unequal contractual social relations, there are not constructed rights but rather privileges. In a social relationship that aims at equal status among members, these privileges are normative claims – rights that are not inherent or a priori but mandated to be equally applied by society’s governing body. In this way, I differ from Rawls. To me, justice is a fundamental moral principle only for societies that aim at cooperation, where advancing the interests of all is valued.[33] CONCLUSION From Liberty to Law Social contractualism purports to provide moral rules for its followers even when other ethical systems flounder in the state of nature. Relationships consider the needs and wants of others. Rights exist, with the stipulation that they are constructed under social contracts that aim for equality of application. I also suggest that contractualist approaches may even expand the parties who may be allowed rights, something that has significant bearing on the law and practical bioethics. The strict/loose constructionism debate that has played out in the Supreme Court’s decisions focuses on whether rights are enumerated or implied. Theoretical or implicit contracts may be change quickly, based on the power dynamics in a social relationship. Theoretical bounds of the social contract (possibly including animals, nonhumans, etc.) may be constricted by an official contract, so these concerns would need to be adjudicated in the context of the Constitution. In certain cases, strict interpretation reflects the rights determined by the social compact and limits new positive rights; in others, a broad interpretation keeps government out of certain decisions, expanding negative rights to reflect changing social norms. The negative rights afforded in the Constitution provide a framework meant to allow expansive individual choices and freedom. The underlying social compact has more to do with the norms behind societal structure than forcing a set of agreed upon social norms at the level of individual behavior. The Constitution’s text can be unclear, arbitrary, or open to multiple meanings. The literary theorist may be willing to accept contradiction or multiple meanings, but the legal scholar may not. The issue of whether the social compact is set or evolving affects constitutional interpretation. The law is itself may be stuck in a state of indeterminacy: the law, in the eyes of the framers, was centered on a discourse steeped in natural, human rights, attributed to a creator. Today, there is an impulse toward inherent human dignity to support rights. The strict/loose constructionism debate concerns interpretation.[34] In conclusion, rights have no ontological status per se, but are derived from a complex framework that springs from our relationships and dictates the appropriateness of our actions. While the Constitution establishes the negative rights reflecting a social compact, interpretations recognize the limitations on rights that are also rooted in societal relationships. The author would like to thank Stephen G. Post, PhD, and Caitlyn Tabor, JD, for providing feedback on early drafts of this paper. [1] Mary Ann Glendon, A World Made New: Eleanor Roosevelt and the Universal Declaration of Human Rights (New York: Random House, 2001), 14. [2] James Griffin, On Human Rights (Oxford: Oxford University, 2008). [3] Maurice Cranston, What Are Human Rights? (London: Bodley Head, 1973). [4] Barry Balleck, “When The Ends Justify the Means: Thomas Jefferson and the Louisiana Purchase,” Presidential Studies Quarterly 22, no. 4 (1992): 679-680. [5] Robert Louden, “Rights Infatuation and the Impoverishment of Moral Theory,” Journal of Value Inquiry 17 (1983): 95; Rex Martin, A System of Rights (Oxford: Oxford University, 1993), 1; Wesley Hohfeld, Fundamental Legal Conceptions (New Haven: Yale University, 1919), 36. [6] James Nickel, "Human Rights", The Stanford Encyclopedia of Philosophy (Summer 2019 Edition), ed. Edward N. Zalta, accessed 27 April 2021, https://plato.stanford.edu/archives/sum2019/entries/rights-human/. [7] Andrew Fagan, “Human Rights,” Internet Encyclopedia of Philosophy, ed. James Fieser and Bradley Dowden, accessed 27 April 2021, https://iep.utm.edu/hum-rts/. [8] Griswold v. Connecticut 381 U.S. 479 (1965), para. 18, https://www.law.cornell.edu/supremecourt/text/381/479. [9] Griswold v. Connecticut 381 U.S. 479 (1965), para. 69 https://www.law.cornell.edu/supremecourt/text/381/479. [10] Griswold v. Connecticut 381 U.S. 479 (1965), para. 69 https://www.law.cornell.edu/supremecourt/text/381/479. [11] Griswold v. Connecticut 381 U.S. 479 (1965), para. 92 https://www.law.cornell.edu/supremecourt/text/381/479. [12] Roe v. Wade 410 U.S. 113 (1973), 172, https://www.law.cornell.edu/supremecourt/text/410/113%26amp. [13] Roe v. Wade 410 U.S. 113 (1973), 172-173, https://www.law.cornell.edu/supremecourt/text/410/113%26amp. [14] Planned Parenthood of Southeastern Pa. v. Casey, 505 U.S. 833 (1992), https://supreme.justia.com/cases/federal/us/505/833/#:~:text=Casey%2C%20505%20U.S.%20833%20(1992)&text=A%20person%20retains%20the%20right,the%20mother%20is%20at%20risk. [15] Cruzan v. Director, Missouri Department of Health 497 U.S. 261 (1990), https://www.law.cornell.edu/supct/html/88-1503.ZO.html. [16] Cruzan v. Director, Missouri Department of Health 497 U.S. 261 (1990), https://www.law.cornell.edu/supct/html/88-1503.ZO.html. [17] Cruzan v. Director, Missouri Department of Health 497 U.S. 261 (1990), https://www.law.cornell.edu/supct/html/88-1503.ZO.html. [18] It is worth noting that some of the Supreme Court’s conservatives – like Scalia, Thomas, Roberts – have expressed explicit disdain for the right to privacy introduced in Griswold. Jamal Greene, “The So-Called Right to Privacy,” UC Davis Law Review 43 (2010): 715-747, https://scholarship.law.columbia.edu/faculty_scholarship/622. [19] National Archives. “Declaration of Independence: A Transcription.” July 4, 1776; reviewed July 24, 2020, https://www.archives.gov/founding-docs/declaration-transcript. [20] However, the reference to a creator has come to mean a natural right and a priori best describes it rather than a religious underpinning. To borrow from Husserl, this approach will be bracketed out. [21] DJC Carmichael, “Hobbes on Natural Right in Society: The ‘Leviathan’ Account,” Canadian Journal of Political Science 23, no. 1 (1990): 4-5. [22] HLA Hart, “Are There Any Natural Rights?” The Philosophical Review 64, no. 2 (1955): 175. [23] Warren Quinn, Morality and Action (Cambridge: Cambridge UP, 1993), 170. [24] Immanuel Kant, Groundwork of the Metaphysic of Morals, trans. James Ellington, 3rd ed. (Indianapolis: Hackett, 1993), 30. [25] John Rawls, A Theory of Justice: Revised Edition (Cambridge: Belknap, 1999), 109. [26] JS Mill, Remarks on Bentham’s Philosophy, in Collected Works of John Stuart Mill, Vol. X, ed. JM Robson (Toronto: U of Toronto Press, 1985), 13-14. [27] Rex Martin, A System of Rights (Oxford: Oxford University, 1993), 1; Kenneth Baynes, “Kant on Property Rights and the Social Contract,” The Monist 72, no. 3 (1989): 433-453. [28] John Rawls, A Theory of Justice: Revised Edition (Cambridge: Belknap, 1999), 109. [29] Frederik von Harbou, “A Remedy Called Empathy: The Neglected Element of Human Rights Theory,” Archives for Philosophy of Law and Social Philosophy 99, no. 2 (2013): 141. [30] Eva Feder Kittay. Learning from My Daughter: The Value and Care of Disabled Minds (Oxford: Oxford UP, 2019), 145-146. [31] Jane Gallop, “Lacan’s ‘Mirror Stage’: Where to Begin,” SubStance 11, no. 4 (1983): 121; Lacan, Jacques. The Seminar of Jacques Lacan: Book X: Anxiety: 1962-1963, trans. Cormac Gallagher, 26-27, https://www.valas.fr/IMG/pdf/THE-SEMINAR-OF-JACQUES-LACAN-X_l_angoisse.pdf. (In Lacanian psychoanalytic theory, human development necessitates both recognition of the Self and the separation of the Self from the Other.) [32] Lacan, Jacques. The Seminar of Jacques Lacan: Book X: Anxiety: 1962-1963, trans. Cormac Gallagher, 27-28, https://www.valas.fr/IMG/pdf/THE-SEMINAR-OF-JACQUES-LACAN-X_l_angoisse.pdf. [33] There is an interesting discussion to be had about whether social contract theory allows for this gradation in quality of contracts, or whether the two are fundamentally different phenomena. I cannot answer this question here; John Rawls, A Theory of Justice: Revised Edition (Cambridge: Belknap, 1999), 102-103. [34] Ruthellen Josselson, “The Hermeneutics of Faith and the Hermeneutics of Suspicion,” Narrative Inquiry 14, no. 1 (2004): 2-4.

Perfume is a Japanese “techno-pop” idol trio formed in 2000 consisting of three women–Ayano Omoto, Yuka Kashino, and Ayaka Nishiwaki. Since 2007, when one of their songs was selected for a recycling awareness campaign by Japan's national public broadcaster, Perfume has been a consistent fixture in the Japanese pop music charts. They have been involved in the full gamut of typical idol activities, from television and radio shows to commercials for clothing brands, candy, and drinks. Their success reflects Japanese pop culture's long-standing obsession with pop idols, who once breaking into the mainstream, become ubiquitous cross-media presences. Perfume’s fame in Japan is due in large part to their masterful performance of traditional female idol roles, through which they assume the kaleidoscopic positions of daughter, sister, platonic friend, and heterosexual romantic partner depending on the standpoint of the beholder. In the lyrical content of their songs, they play the various parts of the cute but shy girl who loves from a distance, the strong compatriot that pushes the listener to keep striving for their dreams, and the kindred spirit with whom the listener can face life's ordinary challenges. Like other successful idols, their extensive lines of Perfume-branded merchandise and product endorsements make the exercise of consumer spending power by their fans a vehicle for them to approach the ideals and experiences that Perfume embodies. Yet, Perfume's videos, music, and stage performances are also replete with subversive images of machines, virtual cities and landscapes, and computer generated apparitions. In their works, the traditional idol as an object of consumer desire co-exists with images of the fragmentation of identity, distrust in the world and the senses, and the desire to escape from illusion, all presented in terms of encounters with technology. In what their fans call the "Near Future Trilogy", a set of three singles released soon after their major label debut (2005-06), lyrics refer to the artificiality and transience of virtual worlds ("Nothing I see or touch has any reality" from "Electro-World," or "I want to escape. I want to destroy this city created by immaculate computation" from "Computer City"). In their later work, explicit lyrical references to virtual worlds and machines largely disappear, but they are replaced with images and bodily performances of Perfume with robotic machinery and electronic information. Perfume is an idol group augmented by technology. In this paper, I explore the significance of these images of technological augmentation of the human body in the work of Perfume. I suggest that the ways these bodily encounters of the human body and technology are articulated in their work reflect broader social and economic anxieties and hopes in Japan. I focus in the first section of this paper on describing some of the recurring technological motifs in their works. Next, I show how their recent work is an experiment with the emergent possibilities of human-technology relationships for imagining Japan's future development. Not only in their visual and performance style, but in their modes of engagement with their fans through new media, I suggest that Perfume itself is attempting to seek out new forms of value creation, which hold the promise of pushing Japan out of the extended economic and social stagnation of its 1990s post-bubble "Lost Decade,” particularly by articulating how they connect with the world. The idol's technologically augmented body becomes both icon and experiment for rethinking Japan and staking out a new global position for it. Though I have referred above to Perfume as its three members, I also use the term to signify the broader group of managers and collaborating artists that surrounds them. Perfume is a creation of corporate media companies and the output of development institutions designed to train multi-talented entertainers from a young age. In addition to the three women who form the public face of Perfume, main figures include music producer Yasutaka Nakata, producer and choreographer MIKIKO, and more recently, the new media artist Daito Manabe and his company, Rhizomatiks. Though Perfume very rarely appear on stage or in their videos with any other identifiable human performers, every production is an effort involving dozens of professional staff. In this respect, Perfume is a very conventional pop idol unit. The attraction of these idols for their fans is not primarily their originality, creativity, or musicality, but their professionalism and image as striving servants (Yano 336). Idols are beloved because they "are well-polished, are trained to sing and act, maintain the mask of stardom, and are extremely skillful at entertaining the audience" (Iwabuchi 561). Moreover, their charisma is based on a relationship of omoiyari or mutual empathy and service. As Christine Yano has argued for Japanese Enka music, the singer must maintain the image of service to his or her fans and reach out to them as if engaged in a personal relationship with each (337). Fans reciprocate by caring for the singer, and making his or her needs their own, not the least of which are financial. The omoiyari relationship of mutual empathy and care is essential to the singer’s charismatic appeal (Yano 347). Thus it does not matter to their fans that Perfume do not play their own instruments or write their own songs. These are jobs for other professionals. However, mirroring the role of the employee in the Japanese company-as-family (see Kondo), their devotion to their jobs as entertainers, and their care and respect for their fans must be evident at all times. The tarnishing of this image, for instance through revelations of underage smoking or drinking, can be fatal, and has resulted in banishment from the media spotlight for some former stars. A large part of Japanese stars' conventional appeal is based on their appearance as devoted workers, consummate professionals, and partners in mutual empathy. As charismatic figures that exchange cultural ideals for fans’ disposable income, it is not surprising that many authors have tied the emergence of the pop idol to the height of Japan's economic prosperity in the 1970s and 1980s, when the social contract between labor and corporations that provided both lifelong employment and social identity had yet to be seriously threatened. Aoyagi suggests (82) that the idol system is tied to post-war consumerism and the increased importance of young adults, particularly women, as consumers. As this correlation between the health of idols and the economy might imply, there is a strong popular connection between concerns of social fission and discontent and economic stagnation. Koichi Iwabuchi writes that Japanese media accounts in the 1990s connected the health of the idol system to the "vigor of society" (555). As Iwabuchi describes, some Japanese fans have looked for their idols abroad in places such as Hong Kong, with a sense of nostalgia for a kind of stardom that has waned in Japan and because of "a deep sense of disillusionment and discontent with Japanese society" (Iwabuchi 561) following the collapse of Japan's bubble economy in the early 1990s. In reaction to the same conditions, some Japanese idols have attempted to exploit this nostalgia. During a brief period of fin-de-siècle optimism that coincided with neoliberal structural reforms under the government of Junichiro Koizumi, Morning Musume, the most popular female idol group at the time, had a hit single entitled "Love Machine" that ended the 1990s in Japan. The song's lyrics tie together dreams of life-long employment, romantic love, stable traditional families, and national resurgence, linking Japan's prosperity in the world at large to its internal social, emotional, and economic health. The song’s chorus declares, "The world will be envious of Japan's future!", although that future still has yet to materialize. In its place has appeared the "near-future" imaginary of Perfume. As mentioned above, the lyrics of some of their early songs referenced illusory virtual worlds that need to be destroyed or transcended. In their later works, these themes are continued in images of the bodies of the three performers augmented by technology in various ways, depicting the performers themselves as robots. Images of the three performers as robots are first introduced in the music video for their single "Secret Secret" (2007). At the outset of the video, three mannequins resembling Perfume are frozen on a futuristic TV soundstage being dressed by masked attendants who march off screen in lock step. The camera fades in and out, and the mannequins are replaced with the human members frozen in the same poses. Other attendants raise pieces of chocolate-covered ice cream (the music video also served as an advertisement for the ice cream) to the performers' mouths, which when consumed, activate them, launching them into a dance consisting of stilted, mechanical steps, and orthogonal arm positions. Later, one of the performers falls on stairs and appears to malfunction, becoming frozen in place until she receives another piece of ice cream. They are later more explicitly made into robots in the video for "Spring of Life" (2012), in which each of the three members are shown with sections of skin lifted back to reveal shiny, metallic parts inside. Throughout this video, their backs are connected to coiled cables hanging from the ceiling, which serve as a further visual sign of their robotic characters. In the same video, they are also shown in states of distress, each sitting on the floor with parts exposed, limbs rigid and performing repetitive motions, as though their control systems have failed. In their live shows, themes of augmentation are much more apparent. At a 2010 performance at the Tokyo Dome, which was awarded the jury selection prize in the 15th Japan Media Arts Festival by the Japanese Agency for Cultural Affairs, the centerpiece was a special performance entitled "Perfume no Okite" or "The Laws of Perfume." Like "Secret Secret," the performance begins with the emergence of three mannequins posed at the center of the stadium. During the introductory sequence, the members rise out of a different stage to the side. They begin to dance, synchronized to massively magnified, computer generated projections of themselves. The projections fluctuate between photorealistic representations of each member and ghostly CG figures consisting of oscillating lines and shimmering particles that perform the same movements. At the midpoint, the members each face their own images, and state their names and dates of birth before uttering a series of commands: "The right hand and right leg are together. The height of the hands must be precise. Check the motion of the fingers. The movement of the legs must be smooth. The palms of the hands must be here." With each command, the members move their own bodies mechanically, mirrored by the CG figures. After more dancing with their avatars, the performance ends with Perfume slowly lowered down on the platform at the center of the stage, frozen in the same poses and positions as the mannequins, which have now disappeared. These performances cleverly use images of robotic machinery in order to subvert Perfume's idol personas. The robotic augmentations are portrayed as vectors for control by some unseen external party, and each of the members must have their life injected into them through cables, ice cream, or external command, before they can begin to dance and sing as pop idols. Pop idols have always been manufactured products, but through such technological imagery Perfume make their own artificiality explicit, revealing to the audience that it is not the performers they love, but the emergent and contingently human forms of a social, technological, and commercial system that they desire. In this way, these images subvert the performers' charisma and idol fans' own feelings of adoration, revealing the premise of the idol system to have been manufactured to manipulate consumer affect and desire. If, as Iwabuchi suggests, some fans of idols are attracted to their stars by a sense of nostalgia for an age of economic prosperity, then Perfume's robotic augmentations offer a reflexive critique of this industrial form. In "The Laws of Perfume", the commands that comport their bodies may be stated in their own voices, yet they issue not from the members themselves, but their magnified and processed avatars. It is Perfume the commercial entity speaking. The malfunctioning bodies of Perfume depicted in "Secret Secret" and "Spring of Life" do not detract from their charisma as idols as an incident of public drunkenness might, because the represented breakdowns in their performances are linked not to the moral purity or professionalism of the humans, but to failures of the technological and economic systems that have supported them. If idols of a past age were defined by their seamless and idealized personas as entertainers and employees, then it is fitting that in an age of much greater economic and social uncertainty that they should acknowledge the cracks in the social and commercial mechanisms from which their carefully designed personas emerge. In these videos and performances, the visual trope of technological body augmentation serves as a means for representing both the dependence of the idol persona on consumer capitalism, and the fracturing of that system. However, they do not provide an answer to the question of what might lie beyond the fracturing. The only suggestions provided are the disappearance of that world, as in the end of "Computer City," or in the reproduction of the same structure, as when the members of Perfume become mannequins in "The Laws of Perfume" and "Secret Secret." Interestingly, it was with Perfume's management's decision to switch record labels and market Perfume to an international audience that Perfume became newly augmented, and a suggestion of an answer became visible. Perfume began their international push in 2012 with the release of a compilation album, "Love the World," and live shows and new media works in Asia and Europe. The album made their music available for purchase outside of Japan for the first time. Its cover depicts three posed figures computer rendered as clouds of colored dots produced from 3D scans of the members. The same scans were used to create 3D-printed plastic figures, whose fabrication process is shown in the Japanese television ad for the album. The robotic images of bodily augmentation have been replaced by a more powerful form of augmentation–digital information. The website which accompanied their international debut received the Grand Prix of the 17th Japan Media Arts Prize. Developed by Daito Manabe and Rhizomatiks, visitors to the Perfume Global website were greeted by a video of three figures composed of pulsating clouds of triangles, dancing to a heavy, glitch-laden electronic track produced by Nakata. Behind them, dozens of tweets about Perfume collected in real-time scroll across the background. Controls to the side let visitors change not only the volume of the music, but also the angle of their perspective, and the number and responsiveness of the pulsating polygons. The citation for the site's prize refers to the innovative participatory features of the website. Motion capture data from Perfume, music, and programming examples used to render the digital performance were made available for free to visitors, who were encouraged to create their own versions. This resulted in hundreds of fan-produced videos showing various figures, from animals and cartoon characters to swooshing multi-colored lines, dancing the same routine. Several of these were selected to be featured on the website, and were later integrated into the stage performance of the piece during Perfume's Asia tour. A later project extended this idea in a different direction, letting website visitors paint animations on computer representations of the members, and use a simple programming language to control the images. Many of these user creations were integrated into Perfume's 2013 performance at the Cannes Lions International Festival as advertising. Their Cannes performance begins with rapidly shifting computer graphics projected onto their costumes as they speak in unison, as though they are visitors from another realm: "We are Perfume. We have come. Japan is far to the east. To encounter the world, the three of us and everyone stand before you: to connect you with Japan, and to communicate with you, the world." The user-contributed designs were projected on to the members' costumes as they danced. This new mode of augmentation–through information rather than machinery–shows Perfume to be more than a representation of Japan's socio-economic transitions, but a live experiment in effecting these transitions. In their international performances, their bodies are synthesized in real-time from the performers' motions and the informatic layer generated from tweets and user-generated creations. This creates the conditions for fans to inscribe their own marks on to Perfume, transforming the emotional engagement between fan and idol into a technological linkage through which the idols’ bodies can be modified. Perfume’s augmented bodies are not just seen and desired, but made by their fans. The value added by this new mode of connection is imagined as the critical difference needed to transform Perfume from a local Japanese idol group into an entity capable of moving around the world, embodying the promise of a new global position for Japan enabled through information. In Perfume, augmentation suggests a possible answer to Japan’s economic stagnation and social fragmentation. It points past a longing for the past towards new values produced in encounters with the world beyond Japan. Augmentations newly connect Perfume and Japan with the world economically and culturally. At the same time, a vision of Japan emerges, more mobile, flexible, and connected perhaps, yet one that attempts to keep Japan a distinct entity in the world. Bodily augmentations, in media representations and as technological practices, do more than figuratively and materially link silicon and metal with flesh. They mark the interface of the body and technology as a site of transnational connection, where borders between the nation and what lies outside are made References Aoyagi, Hiroshi. Islands of Eight Million Smiles: Idol Performance and Symbolic Production in Contemporary Japan. Cambridge, Mass.: Harvard University Press, 2005. Iwabuchi, Koichi. "Nostalgia for a (Different) Asian Modernity: Media Consumption of "Asia" in Japan." positions: east asia cultures critique 10.3 (2002): 547-573. Kondo, Dorinne K. Crafting Selves: Power, Gender and Discourses of Identity in a Japanese Workplace. Chicago and London: University of Chicago Press, 1990. Morning Musume. “Morning Musume ‘Love Machine’ (MV).” 15 Oct. 2010. 4 Dec. 2013 ‹http://www.youtube.com/watch?v=6A7j6eryPV4›. Perfume. “[HD] Perfume Performance Cannes Lions International Festival of Creativity.” 20 June 2013. 11 Nov. 2013 ‹http://www.youtube.com/watch?v=gI0x5vA7fLo›. ———. “[SPOT] Perfume Global Compilation “LOVE THE WORLD.”” 11 Sep. 2012. 11 Nov. 2013 ‹http://www.youtube.com/watch?v=28SUmWDztxI›. ———. “Computer City.” 18 June 2013. 10 Oct. 2013 ‹http://www.youtube.com/watch?v=jOXGKTrsRNg›. ———. “Electro World.” 18 June 2013. 10 Oct. 2013 ‹http://www.youtube.com/watch?v=8zh0ouiYIZc›. ———. “Perfume no Okite.” 8 May 2011. 10 Oct. 2013 ‹http://www.youtube.com/watch?v=2EjOistJABM›. ———. “Perfume Official Global Website.” 2012. 11 Nov. 2013 ‹http://perfume-global.com/project.html›. ———. “Secret Secret.” 18 Jan. 2012. 10 Oct. 2013 ‹http://www.youtube.com/watch?v=birLzegOHyU›. ———. “Spring of Life.” 18 June 2013. 10 Oct. 2013 ‹http://www.youtube.com/watch?v=7PtvnaEo9-0›. Yano, Christine. "Charisma's Realm: Fandom in Japan." Ethnology 36.4 (1997): 335-49.

She lies helpless and fragmented, limbs leaden with story, forced ever further into herself by the viscous shame that suffocates and disables her. Fleshed lips cling to each other, tongue recoils from the sharp taste of the narrative of her body. Within the impotent portal of her mouth, her story sits, an impenetrable oral hymen. — Brenda DowningRape is, without doubt, a catastrophic experience.When rape is experienced in childhood and is also silenced, it can have devastating consequences that carry through to adulthood.In what ways then can the catastrophic memory of silenced childhood rape be coaxed from its hiding place in the female body? How is it possible to make the transition from silenced experience to public articulation? Can creativity fill the body with courage in the face of helplessness and create breath in the suffocating and silencing space of the aftermath? Can creativity help facilitate the personal expression of muted experience?In this paper we will each reflect on the complexities and enabling capacities of the creative and collaborative processes present when negotiating the landscape between the private memory of silenced childhood rape and public articulation and performance. Brenda will retrace the steps of her academic research. She will identify two paths that have taken her from personal and social silence to public voice, and the articulation of her embodied trauma experience through differing modes of creative expression. Alice will reflect on the ways in which preparing Brenda for the journey from articulation and expression to public performance sometimes required moments of freefall full of risk yet also full of creative forces. Images from Brenda’s solo performance aperture will accompany these reflections. aperture is a companion piece to Brenda’s doctoral research and is the creative result of our collaboration.BrendaIn 2008, I completed my feminist and autoethnographic Honours research. This work explored the multiple and significant ramifications of my silenced and silencing experience of childhood rape. Commencing this research as a mature aged woman inevitably involved a movement back through time to revisit 1971, the year of my rape experience, gathering recollections of the aftermath along the way. My memories of the events of that year, folded tight within me since I was eleven years old and enveloped in a shroud of secrecy for decades, had nonetheless been held with full consciousness and silenced in an act of pragmatism that allowed me to function. These were not uncovered or recovered memories; rather they were suppressed and revisited. I didn’t experience a sudden cracking open of lost memory, instead I stepped easily, though not without discomfort, into the archives of my body and reached with outstretched hand. In the gesture, I offered my memories the opportunity to speak, and speak they did.From within my body, stored memories were unleashed and hurled themselves at me. I caught these memories and held them close. I turned them over, set them down, reached again. I reflected, I explored, paused, considered. I sat alongside them. I got angry. I wept. It was as though these embodied memories, these lived subjective experiences, had been crouching impatiently just beneath the surface awaiting release from the repressive silence that had contained them for so many years.But what had helped facilitate this release? Was it simply the opportunity to be immersed in self-reflective and reflexive research? Following the conventionally written academic-style opening chapters of my Honours thesis, sits my autoethnographic chapter. It was no accident of method that I explored my personal experience through creative writing. I didn’t stumble into this medium; I had a compelling and irresistible urge to express my experience creatively. It seemed the only way. When I sat down to write, the sentences were expelled from my body like a series of long-held but desperate exhalations. They emerged as my memories had sat since childhood, blunt, raw and panting, filled with barely-contained energy. They revealed the chaos and disconnection of the body and mind in the aftermath of silenced childhood rape. They disrupted chronology and mirrored shattered identity. Temporally and spatially they were restless birds, unable to perch for too long, nor in one place. Slipping in and out of the first and third person, they struggled to sustain a fixed identity, or perhaps, refused one. Relational threads appeared transparent but were as strong as lines that support the weight of thrashing fish.In the laying down of the multiple layers of my story, I soon realised the writing was serving an additional purpose. It had evolved to become a critical factor in not only the actualisation of my story but also a means of making sense of my experience by locating it within wider familial, social and cultural contexts. The grounding of my experience through reflexivity and the piecing together of my tenuous sense of self became intimately entwined in the creative process. I recorded each evocative exhalation with frantic diligence, as though I mustn’t lose a word. I felt my visibility, my credibility reliant on each syllable and every nuance. I intuitively sensed that the creative re-capturing of my story would liberate my memories from the smothering folds of corporeal darkness in which they had reluctantly huddled and in that liberation, I would also find freedom from the dragging and stultifying weight of their heavy presence. Helene Cixous talks of moments when we are “unwoven weft” (38), when writings or “songs of an unheard-of purity flow through you [...] well up […] surge forth” (39). I’m certain the liberation of story and self I experienced through the creative writing medium, at a point when I too was unwoven weft, gave me the courage to walk in the night shadows of my embodied childhood memories, the light of creativity guiding my way. In making the transition in 2009 from Honours to doctoral research, I carried with me the knowledge that to ignore or pay cursory attention to the materiality of the raped body is to deny its cellular intelligence and its abundant creative reserves. While the researching and writing of my Honours project was deeply satisfying, what emerged for me during that process was an intense desire for a more three-dimensional aesthetic and embodied engagement with my PhD project. I felt the poetics of embodied language and my moving body would satisfy this desire.With the addition of a performance modality I was convinced I could lift the words off the thesis page in order to, literally, bring the information to life. Through performance I knew I could give the bones of the written language of sexual trauma a heartbeat, a pulse, give them breath. I believed a performance held the potential to drape flesh on the words and pump blood through their sentences. I wanted the narrative of sexual trauma to move and sweat, collapse and stand rather than remain in stasis. I wanted the unresolved nature of silenced sexual trauma to permeate the flesh and speak with more than written language. I wanted my raped female body to be fully present. A performance seemed the only way to convey the three-dimensionality of my muted experience. “Performance is a promissory act,” Della Pollock tells us, “not because it can promise possible change but because it catches its participants—often by surprise—in a contract with possibility: with imagining what might be, could be, should be” (2). When I came across these words, I felt certain that I could create for an audience Pollock’s contract with possibility. Through a performance modality a portal would open to the reality of how it is to live with silenced and unresolved sexual trauma. Beyond that portal an invitation would await for others to engage with the difficulties and compromises of this reality through embodied imagination and somatic empathy. A performance, I felt, could act as a physical, emotional and intellectual bridge of communication between those who have experienced sexual violence and those who have not. In the actualisation of this PhD project my role would be multiple. I would take up the position not only of the researcher but also the researched. Through an engagement with the somatic work of Body-Mind Centering® (BMC®), my still traumatised body would become the primary focus of the research. Additionally, I would present this work in the solo performance aperture. My body then, would become the site of somatic inquiry, providing the embodied text for the research, scribing the work in symbolic language and articulating the emotional landscape of the aftermath of my trauma through performance. As Tami Spry notes, “words can construct, but cannot hold the weight of the body” (170). The words of my thesis then would construct my story from the findings of my somatic inquiry as well as shape my research but the performance would hold the weight of my flesh in the embodied articulation of my story. But I couldn’t do this alone.Help arrived in mid-2010, when I was introduced to and entered the world of BMC® and the work of Alice Cummins. At times the BMC® work and the creative development phase of aperture felt a little like attempting a base jump with a parachute that might, or might not open. However, with Alice’s depth of knowledge and experience guiding me, I have taken what has been an extraordinarily profound journey of somatic exploration resulting in personal healing, revelation, illumination and embodied performance. AliceAs a dance artist and somatic movement educator, my teaching and choreography are influenced by post-modern dance practices and feminist philosophy. My interests have engaged me with socio-political concerns and how the poetics of the moving body articulates our humanity. In my somatic movement practice I draw on BMC®, the work of Bonnie Bainbridge Cohen, with whom I studied in Massachusetts, 1995-98. BMC® evolved in the post-modern dance scene of New York City in the early 1970s and belongs to the lineage of moving research pioneered by Rudolph Laban, F.M. Alexander, and Mabel Todd.Bainbridge Cohen writes:Body-Mind Centering® (BMC®) is an ongoing, experiential journey into the alive and changing territory of the body. The explorer is the mind – our thoughts, feelings, energy, soul, and spirit. Through this journey we are led to an understanding of how the mind is expressed through the body in movement. (1)In June 2010 Brenda participated in a three-day BMC® workshop. During an integrative practice of Authentic Movement she experienced pleasure in moving for the first time. This experience was profound for Brenda after a lifetime of repressing sensation and feeling as a way to contain the memory of her rape. To unravel a torment you must begin somewhere. — Louise BourgeoisSo we began.Before embarking on the creative development of performance making it was critical that Brenda did private work with me. Her history was too traumatic to venture into making work from the body without prior therapeutic hands-on work. When trauma has occurred, the tissue holds this frozen as a way to contain the terror. But it lies in wait and erupts unexpectedly when the circumstances stimulate or provoke memory. As BMC® teacher Phoebe Neville (1996) says: “Memory remains in the tissue until we are ready to feel it”. During her two years of private sessions this hands-on work gave Brenda the capacity to feel and helped her develop somatic and personal insight. This provided the leverage for her understanding, and eventually the making involved in the collaborative process. A BMC® hands-on technique I used during the therapeutic process was cellular touch. This dialogue through touch invites the cells to breathe—to receive and process new information. This exchange supported and stabilized Brenda’s nervous system and perceptual response cycles and helped cultivate endurance. Through the BMC® work we created a visceral bond of attachment and trust that allowed risk as provocation towards realization not as re-stimulus and withdrawal. This allowed Brenda to go from a withdrawn physicality to a dynamic performance presence. Without this capacity to be present, we could not have found a vocabulary that might unearth and express her story through embodied performance making. Brenda’s capacity to be “100% available to be seen” (Hay), would allow meaning to touch her audience. I make work with and through the bodymind and for Brenda’s “voice” to be heard I knew she needed to be able to access the intelligence and imaginary life of her body ... to make, to grasp, to reveal her experience. As artistic director of aperture it was my role to discern how the creative met the psychodynamic and became new realisation and transformation. The BMC® philosophy “support precedes change” (Cohen) infused the collaborative process. Our collaboration also involved a constant flow and exchange of ideas, feelings, intuitive responses and imaginings in both verbal and somatic conversation. This process enabled Brenda’s experience of childhood rape to become a way of exposing the silence and silencing that surrounds rape in our culture.One of the specific research skills we practiced in the creative process was Authentic Movement. Developed in the 1950s by Jungian analyst, Mary Starks Whitehouse, it is a practice that relies on moving and being witnessed. As Brenda moved I, as witness, provided the space of containment and safety, both physical and psychological for the moving exploration to occur. It was in the intersubjective space between us that material arose that might otherwise remain held in the tissue. As Starks Whitehouse says: “Movement, to be experienced, has to be ‘found’ in the body, not put on like a dress or a coat […] it is that which can liberate us” (53). This practice gave Brenda the creative and therapeutic space to explore her experience. In crafting the work I guided Brenda’s movement and emotional states through improvisation and experimentation. In paying close attention to the emergent language and meaning of the nuanced moving, I identified moments of creative potential. Risk and provocation, critical to the transformative act of contemporary performance making, was now possible.As Brenda and I moved to performance making, I was unable to maintain the relationship of client/practitioner. Shifting from the clear perimeters of client and practitioner to an arts practice entails risk. I felt I had to choose at specific moments in our work together to step across the line and transgress, though what it is I transgressed I’m now unsure of. I’ve allowed Brenda into my private realm; she’s shared meals with me, met my friends and partner and slept at my studio home. We’ve spent many hours together and the intimacy of the creative process and the material itself forged our friendship as well as the work. I don’t know if this intimacy was necessary to make this work with Brenda. It is what happened. Brenda’s story touched me deeply and I was participating in its evolution. The work is the result of our private work and our creative relationship, coloured by all its variables. Brenda’s experience of being raped as a child is the catastrophe that we mined to make aperture. The ordeal of this experience shaped her life and her relationships. Its aftermath destroyed her capacity to interact in the world with any agency. When someone has lost their voice and their agency how do we help them find it? During a private session in 2010, Brenda experienced re-stimulation of the trauma. This experience became the “aperture” through which Brenda’s healing has come about. She entered the wound and slowly found her voice and her agency. Both literally and metaphorically, Brenda found her self and her story gathered fleshed substance.The making and performing of aperture was a collaborative process made possible through Brenda’s deep desire for healing and understanding. She led and I followed. Sometimes the path felt perilous and yet it was in these moments that I also felt most certain. These were the risks critical for her realization and empowerment. In both the private and the performance work I practiced a state of love that was self-reflexive and dispassionate. In the moments of greatest distress and disturbance I felt a certainty that was irreducible. The dance we were in was one of survival and I felt the certainty of her innate capacity to survive, and my own capacity to follow her. This was not a certainty constructed of ideas but a felt experience based on every skill and nuance I embodied at that moment. I employed my whole life to work with Brenda and the work also moved my life. What I know and don’t yet know is present in aperture. I am privileged to have witnessed Brenda finding her way to “step into the light”, as Antonio Damasio would put it, and move “through a threshold that separates a protected but limiting shelter from the possibility and risk of a world beyond and ahead” (3).ConclusionThe work of traversing the landscape between private memory and public performance has taken us across some difficult terrain. The adoption of a creative approach has been intrinsic to the navigation of this terrain and central to the storying of this catastrophic experience. The creative process has coaxed, shaped and articulated the complexities and sensitivities of this experience in multiple ways, encouraging voice where once there was silence. This story now speaks and moves. ReferencesBainbridge Cohen, Bonnie. Sensing, Feeling, and Action: The Experiential Anatomy of Body-Mind Centering. 2nd ed. Northampton: Contact Editions, 2008. Bourgeouis, Louise. What Is the Shape of This Problem. Detail. 1999 Cixous, Helene. Coming to Writing and Other Essays. Ed. Jenson, Deborah. Cambridge: Harvard U P, 1991. Cohen, Bainbridge. Personal Communication. 28 Jun. 1995.Damasio, Antonio. The Feeling of What Happens. London: Heinemann & Vintage, 2000. Hay, Deborah. Personal Communication. 20 Jul. 1985.Neville, Phoebe. Personal Communication. 4 Jul. 1996.Pollock, Della. "Introduction: Remembering." Remembering: Oral History Performance. Ed. Pollock, Della. Gordonsville: Palgrave Macmillan, 2005. 1-17.Spry, Tami. Body, Paper, Stage: Writing and Performing Autoethnography. Walnut Creek: Left Coast, 2011. Starks Whitehouse, Mary. "Physical Movement and Personality (1963)." Authentic Movement: A Collection of Essays by Mary Starks Whitehouse, Janet Adler & Joan Chodrow. Ed. Pallaro, Patrizia. London: J. Kingsley, 1999. 51-57.

In November 2015 the progressive rock band, Coheed and Cambria, released their latest album and art-book, both titled The Color before the Sun (Color) (2015). This album deviates from their previous six releases by explicitly using a biographical frame for the art-book, the album, and their paratexts. This is a divergence from the band’s concept album approach, a transmedia storyworld, The Amory Wars (TAW) (2002-17), which fictionalised the life experiences of Claudio Sanchez, the band’s lead singer. When scholars discuss transmedia they often refer to fantastic and speculative fictions, such as the Star Wars (1977-2018), Star Trek (1966-2018), Doctor Who (1963-2018) and Marvel Universe (1961-2018) franchises, and TAW fits this framework. However, there is increasing consideration of the impact transmedia reading and writing practices have on storytelling that straddles representations of the “real” world. By making collaborative life-writing explicit, Color encourages readers to resist colonising ontologies. Framing the life-writing within the band’s earlier auto-fiction(s) (TAW), Color destabilises genre divides between fiction and life-writing, and positions readers to critique Sanchez’s narration of his subjectivity. This enables readers to abstract their critique to ontological narratives that have a material impact on their own subjectivities: law, medicine, religion, and economics.The terms subject and identity are often used interchangeably in the study of life-writing. By “subjectivity” I mean the individual’s understanding of their status and role in relation to their community, culture, socio-political context, and the operations of power dynamics therein. In contrast “identity” speaks to the sense of self. While TAW and Color share differing literary conceits—one is a space opera, the other is more explicitly biographical—they both explore Sanchez’s subjectivity and can be imagined as a web of connections between recordings (both audio and video), social media, books (comics, art books, novels and scripts), and performances that contribute to a form of transmedia life-writing. Life-writing is generic term that covers “protean forms of contemporary personal narrative” (Eakin 1). These narratives can be articulated across expressive practices, including interviews, profiles, diaries, social media, prose, poetry and so on. Zachary Leader notes in his introduction to On Life-Writing that “theoreticians and historians of life-writing commonly fuse or meld sub-genres [… and this] blurring of distinctions may help to account for life-writing’s growing acceptance as a field of academic study” (1-2). The growing relationship between life-writing and transmedia is therefore unsurprising.This article ties my research considering the construction of subjectivity through transmedia life-writing, with Emma Hill and Máiréad Nic Craith’s consideration of transmedia storytelling’s political potential (87-109). My intention is to determine how readers might construct their own subjectivity to resist oppressive interpellations. Hill and Nic Craith argue that the “lack of closure” in transmedia storyworlds creates “a greater breadth and depth of interpretation … than a single telling could achieve” (104). They conclude that “this expansive quality has allowed the campaigners to continue their activism in a number of different arenas” (104). I contest their assertion that transmedia lacks closure, and instead contend that closure, or the recognition of meaning, inheres with the reader (McCloud 33) rather than in a universalised meaning attributed to the text: transmedia storytelling therefore arouses political potential in reading communities. It is precisely this feature that enables the “expansive quality” valued in political activism. I therefore focus my discussion on the readers of transmedia life-writing, rather than on its writer(s). I argue that in reading a life or lives across multiple media the reader is exposed to the texts’ self-referential citations, its extra-diegetic reiterations, and its contradictions. The reader is invited to make meaning from these citations, reiterations and contradictions; they are positioned to confront the ways in which space and time shape life-writing and subjectivity. Transmedia life-writing can therefore empower readers to invoke critical reading practices.The reader’s agency offers the potential for resistance and revolution. This agency is invited in Color where readers are asked to straddle the fictional world of TAW and the “real” world. The Unravelling Palette of Dawn (2015) is the literary narrative that parallels this album. The book is written by Chondra Echert, Sanchez’s collaborator and wife, and is an amalgam of personal essay and photo-book. It opens by invoking the space opera that informs The Amory Wars: “Sector.12, Paris, Earth. A man and a woman sit in a café debating their fate” (n.p.). This situates the reader in the fictional world of TAW, but also brings the reader into the mundanity and familiarity of a discussion between two people. The reader is witness to a discussion between intimates that focusses on the question of “where to from here.” The idea of “fate” is either misunderstood or misapplied: fate is predetermined, and undebatable. The reader is therefore positioned to remember the band’s previous “concept,” and juxtapose it against a new “realistic” trajectory: fictional characters might have a fate that is determined by their writer, but does that fate extend to the writer themselves? To what extent is Sanchez and Echert’s auto/biography crafted by writers other than themselves?The opening passage provides a skin for the protagonists of the essay, enabling a fantastical space within which Echert and Sanchez might cloak themselves, as they have done throughout TAW. However, this conceit is peeled away on the second page:This might have been the story you find yourself holding. A Sci-fi tale, shrouded in fiction. The real life details modified. All names changed. Threads neatly tied up at the end and altered for the sake of ego and feelings.But the truth is rarely so well planned. The story isn’t filled with epic action scenes or glossed-over romance. Reality is gritty and mucky and thrown together in the last seconds. It’s painful. It is not beautiful … and so it is. The events that inspired this record are acutely personal. (n.p.)In this passage Echert makes reference to the method of storytelling employed throughout the texts that make up TAW. She lays bare the shroud of fiction that covers the lived realities of her and her husband’s lives. She goes on to note that their lives have been interpreted “to fit the bounds of the concept” (n.p.), that is TAW as a space opera, and that the current album was an opportunity to “pull back the curtain” (n.p.) on this conceit. This narrative is echoed by Sanchez in the documentary component of the project, The Physics of Color (2015). Like Echert, Sanchez locates the narrative’s genesis in Paris, but in the Paris of our own world, where he and Echert finalised the literary component of the band’s previous project, The Afterman (2012). Color, like the previous works, is written as a collaboration, not just between Sanchez and Echert, but also by the other members of the band who contributed to the composition of each track. This collaborative writing is an example of relationality that facilitates a critical space for readers and invites them to consider the ways in which their own subjectivity is constructed.Ivor Goodson and Scherto Gill provide a means of critically engaging with relational reading practices. They position narrative as a tool that can be used to engage in critical self, and social, reflection. Their theory of critical narrative as a form of pedagogy enables readers to shift away from reading Color as auto-fiction and towards reading it as an act of collaborative auto/biography. This transition reflects a shifting imperative from the personal, particularly questions of identity, to the political, to engaging with the web of human relations, in order to explore subjectivity. Given transmedia is generally employed by writers of fantasy and speculative literatures, it can be difficult for readers to negotiate their expectations: transmedia is not just a tool for franchises, but can also be a tool for political resistance.Henry Jenkins initiated the conversation about transmedia reading practices and reality television in his chapters about early seasons of Survivor and American Idol in his book Convergence Culture. He identifies the relationship between viewers and these shows as one that shifts from “real-time interaction toward asynchronous participation” (59): viewers continue their engagement with the shows even when they are not watching a broadcast. Hill and Nic Craith provide a departure from literary and media studies approaches to transmedia by utilising an anthropological approach to understanding storyworlds. They maintain that both media studies and anthropological methodologies “recognize that storytelling is a continually contested act between different communities (whether media communities or social communities), and that the final result is indicative of the collective rather than the individual” (88–89). They argue that this collectivity results from “negotiated meaning” between the text and members of the reading community. This is a recognition of the significance held by readers of life-writing regarding the “biographical contract” (Lejeune 22) resulting from the “rationally motivated inter subjective recognition of norms” (Habermas n.p.). Collectivity is analogous to relationality: the way in which the readers’ subjectivity is impacted upon by their engagement with the storyworld, helixed with the writer(s) of transmedia life-writing having their subjectivity impacted upon by their engagement with reader responses to their developing texts. However, the term “relationality” is used to slightly different effect in both transmedia and life-writing studies. Colin Harvey’s definition of transmedia storytelling as relational emphasises the relationships between different media “with the wider storyworld in question, and by extension the wider culture” (2). This can be juxtaposed with Paul John Eakin’s assertion that life-writing as a genre that requires interaction between the author and their audience: “autobiography of the self but the biography and autobiography of the other” (58). It seems to me that the differing articulations of “relationality” arising from both life-writing and transmedia scholarship rely on, but elide, the relationship between the reader and the storyworld. In both instances it is left to the reader to make meaning from the text, both in terms of understanding the subject(s) represented in relation to their own, and also as the nexus between the transmedia text, the storyworld, and the broader culture. The readers’ own experiences, their memories, are central to this relationality.The song “Colors” (2015), which Echert notes in her essay was the first song to be written for the album, chronicles the anxieties that arose after Sanchez and Echert discovered that their home (which they had been leasing out) had been significantly damaged by their tenants. In the documentary The Physics of Color, both Echert and Sanchez speak about this song as a means for Sanchez to reassert his identity as a musician after an extended period where he struggled with the song-writing process. The song is pared back, the staccato guitar in the introduction echoing a similar theme in the introduction to the song “The Afterman” (2012) which was released on the band’s previous album. This tonal similarity, the plucked electric guitar and the shared rhythm, provides a sense of thoroughness between the songs, inviting the listener to remember the ways in which the music on Color is in conversation with the previous albums. This conversation is significant: it relies on the reader’s experience of their own memory. In his book Fantastic Transmedia, Colin Harvey argues that memories are “the mechanisms by which the ‘storyworld’ was effectively sewn together, helping create a common diegetic space for me—and countless others—to explore” (viii). Both readers’ and creators’ experiences of personal and political time and space in relation to the storyworld challenge traditional understandings of readers’ agency in relation to the storyworld, and this challenge can be abstracted to frame the reader’s agency in relation to other economic, political, and social manifestations of power.In “The Audience” Sanchez sings:This is my audience, forever oneTogether burning starsCut from the same diseaseEver longing what and who we areIn the documentary, Sanchez states that this song is an acknowledgement that he, the band and their audience are “one and the same in [their] oddity, and it’s like … family.” Echert echoes this, referring to the intimate relationships built with fans over the years at conventions, shows and through social media: “they’ve superseded fandom and become a part of this extended family.” Readers come to this song with the memory of TAW: the memory of “burning Star IV,” a line that is included in the titles of two of Coheed’s albums (Good Apollo, I’m Burning Star IV Vols. 1 (2005) and 2 (2007), and to the Monstar disease that is referenced throughout Second Stage Turbine Blade, both the album (2002) and the comic books (2010). As a depiction of his destabilised identity however, the lyrics can also be read as a poetic commentary on Sanchez’s experiences with renegotiating his subjectivity: his status as an identity that gains its truth through consensus with others, an audience who is “ever longing what and who we are.” In the documentary Sanchez states “I could do the concept thing again with this album, you know, take it and manipulate it and make it this other sort of dimension … but this one … it means so much more to be … I really wanted this to be exposed, I really want this to be my story.” Sanchez imagines that his story, its truth, its sacredness, is contingent on its exposure on being shared with an audience. For Sanchez his subjectivity arises from on his relationality with his audience. This puts the reader at the centre of the storyworld. The assertion of subjectivity arises as a result of community.However, there is an uncertainty that floats in the lacunae between the texts contributing to the Color storyworld. As noted, in the documentary, both Echert and Sanchez speak lovingly of their relationships with Coheed audiences, but Sanchez goes on to acknowledge that “there’s a little bit of darkness in there too, that I don’t know if I want to bring up… I’ll keep that a mystery,” and some of the “The Audience” lyrics hint at a more sinister relationship between the audience and the band:Thieves of our timeWatch as they rape your integrityMarch as the beat suggests.One reader, Hecatonchair, discusses these lyrics in a Reddit post responding to “The Audience”. They write:The lyrics are pretty aggressive, and could easily be read as an attack against either the music industry or the fans. Considering the title and chorus, I think the latter is who it was intended to reach, but both interpretations are valid.This acknowledgement by the poster that there the lyrics are polyvalent speaks to the decisions that readers are positioned to make in responding to the storyworld.This phrase makes explicit the inconsistency between what Sanchez says about the band’s fans, and what he feels. It is left to the reader to account for this inconsistency between the song lyrics and the writers’ assertions. Hecatonchair and the five readers who respond to their post all write that they enjoy the song, regardless of what they read as its aggressive position on the band’s relationship with them as audience members. In identifying as both audience members and readers with different interpretations, the Reddit commentators recognise their identities in intersecting communities, and demonstrate their agency as subjects. Goodson and Gill invoke Charles Taylor’s assertion that one of the defining elements of “identity” is a “defining community,” that is “identity is lived in social and historical particulars, such as the literature, philosophy, religious teaching and great conversations taking place along one’s life’s journeys” (Goodson and Gill 27).Harvey identified readers as central to transmedia practices. In reading a life across multiple media readers assert agency within the storyworld: they choose which texts to engage with, and how and when to engage with them. They must remember, or more specifically re-member, the life or lives with which they are engaging. This re-membering is an evocative metaphor: it could be described as Frankensteinian, the bringing together of texts and media through a reading that is stretched across the narrative, like the creature’s yellow skin. It also invokes older stories of death (the author’s) and resurrection (of the author, by the reader): the murder and dismemberment of Osiris by his brother Set, and Isis, Osiris's wife, who rejoins the fragmented pieces of Osiris, and briefly brings him back.Coheed and Cambria regularly cite musical themes or motifs across their albums, while song lyrics are quoted in the text of comic books and the novel. The readers recognise and weave together these citations with the more explicitly autobiographical writing in Color. Readers are positioned to critique the function of a canonical truth underpinning the storyworld: whose life is being told? Sanchez invokes memory throughout the album by incorporating soundscapes, such as the sounds of a train-line on the song “Island.” Sanchez notes he and his wife would hear these sounds as they took the train from their home in Brooklyn to the island of Manhattan. Sanchez brings his day-to-day experiences to his readers as overlapping but not identical accounts of perspectives. They enable a plurality of truths and destabilise the Western focus on a singular or universal truth of lived experience.When life-writing is constructed transmedially the author must—of necessity—relinquish control over their story’s temporality. This includes both the story’s internal and external temporalities. By internal temporality I am referring to the manner in which time plays out within the story: given that the reader can enter into and engage with the story through a number of media, the responsibility for constructing the story’s timeline lies with the reader; they may therefore choose, or only be able, to engage with the story’s timeline in a haphazard, rather than a chronological, manner. For example, in Sanchez’ previous work, TAW, comic book components of the storyworld were often released years after the albums with which they were paired. Readers can only engage with the timelines as they are published, as they loop back through and between the storyworld’s temporality.The different media—CD, comic, novel, or art-book—often represent different perspectives or experiences within the same or at least within overlapping internal temporalities: significant incidences are narrated between the media. This results in an unstable external temporality, over which the author, again, has no control. The reader may listen to the music before reading the book, or the other way around, but reading the book and listening to the music simultaneously may not be feasible, and may detract from the experience of engaging with each aspect of the storyworld. This brings us back to the importance of memory to readers of transmedia narratives: they must remember in order to, as Harvey says, stitch together a common “diegetic space.” Although the author often relinquishes control to the external temporality of the text, placing the reader in control of the internal temporality of their life-writing destabilises the authority that is often attributed to an auto/biographer. It also makes explicit that transmedia life-writing is an ongoing project. This allows the author(s) to account for “a reflexive process where individuals take the opportunity to evaluate their actions in connection with their intentions and thus ‘write a further part’ of their histories” (Goodson and Gill 33).Goodson and Gill note that “life’s events are never linear and any intention for life to be coherent and progressive in accordance with a ‘plan’ will constantly be interrupted” (30). This is why transmedia offers writers and readers a more authentic means of engaging with life-writing. Its weblike structure enables readers to view subjectivity through a number of lenses: transmedia life-writing narrates a relational subjectivity that resists attempts at delineation. There is still a “continuity” that arises when Sanchez invokes the storyworld’s self-referential citations, reiterations, and contradictions in order to “[define] narratives within a temporal, social and cultural framework” (Goodson and Gill 29), however transmedia life-writing refuses to limit itself, or its readers, to the narratives of space and time that regulate mono-medial life-writing. Instead it positions readers to “unmask the world and then change it” (43).ReferencesArendt, Hannah. The Human Condition. Chicago: U of Chicago P, 1958.Coheed and Cambria. Second Stage Turbine Blade. New York: Equal Vision Records, 2002.———. In Keeping Secrets of Silent Earth: 3. New York: Equal Vision Records, 2003.———. Good Apollo I’m Burning Star IV, Vol. 1: From Fear through the Eyes of Madness. New York: Columbia, 2005.———. Good Apollo I’m Burning Star IV, Vol. 2: No World for Tomorrow. New York: Columbia, 2007.———. The Year of the Black Rainbow. New York: Columbia, 2010.———. The Afterman: Ascension. Los Angeles: Hundred Handed/Everything Evil, 2012.———. The Afterman: Descension. Los Angeles: Hundred Handed/Everything Evil, 2013.———. The Colour before the Sun. Brooklyn: the bag.on-line.adventures and Everything Evil Records, 2015.———. “The Physics of Color” Documentary DVD. Brooklyn: Everything Evil Records, 2015. Eakin, Paul John. How Our Lives Become Stories: Making Selves. Ithaca: Cornell UP, 1999. ———. The Ethics of Life Writing. Ithaca: Cornell UP, 2004.Echert, Chondra. The Unravelling Palette of Dawn. Brooklyn: the bag.on-line.adventures and Everything Evil Records, 2015.Goodson, Ivor, and Scherto Gill. Critical Narrative as Pedagogy. London: Bloomsbury Publishing, 2014.Habermas, Jürgen. The Theory of Communicative Action, Vol. 1: Reason and the Rationalisation of Society. Trans. Thomas McCarthy. Cambridge: Polity Press, 1984.Harvey, Colin. Fantastic Transmedia: Narrative, Play and Memory Across Science-Fiction and Fantasy Storyworlds. London: Palgrave Macmillan, 2015.Hecatonchair. “r/TheFence's Song of the Day Database Update Day 9: The Audience”. 11 Feb. 2018 <https://www.reddit.com/r/TheFence/comments/4eno9o/rthefences_song_of_the_day_database_update_day_9/>.Hill, Emma, and Máiréad Nic Craith. “Medium and Narrative Change: The Effects of Multiple Media on the ‘Glasgow Girls’ Story and Their Real-Life Campaign.” Narrative Culture 3.1 (2016). 9 Dec. 2017 <http://www.jstor.org/stable/10.13110/narrcult.3.1.0087>.Jenkins, Henry. Convergence Culture: Where Old and New Media Collide. New York: New York UP, 2006.Leader, Zachary, ed. On Life-Writing. Oxford: Oxford UP, 2015.Lejeune, Philippe, and Paul John Eakin, eds. On Autobiography. Trans. Katherine Leary. Minneapolis: U of Minnesota P, 1989.McCloud, Scott. Understanding Comics: The Invisible Art, New York: Harper Perennial, 1994.Sanchez, Claudio, and Gus Vasquez. The Amory Wars Sketchbook. Los Angeles: Evil Ink Comics, 2006.———, Gus Vasquez, et al. The Amory Wars: The Second Stage Turbine Blade Ultimate Edition. Los Angeles: BOOM! Studios, 2010.———, Peter David, Chris Burnham, et al. In Keeping Secrets of Silent Earth: 3 Ultimate Edition. Los Angeles: BOOM! Studios, 2010.———, and Christopher Shy. Good Apollo I’m Burning Star IV, Vol. 1: From Fear through the Eyes of Madness. Los Angeles: Evil Ink Comics, 2005.———, and Peter David. Year of the Black Rainbow. Nashville: Evil Ink Books, 2010.———, and Nathan Spoor, The Afterman. Los Angeles: Evil Ink Comics/Hundred Handed Inc., 2012.