Wednesday, 2 May 2012

such a simple, yet beautiful and enjoyable day.

Today, I was supposed to be indoors to commit myself to the screen and was supposed to work on my paper, but instead, I ended up cooking Bami Goreng in the afternoon, and then barely 20 minutes my ass on the stool, (not even read 3 paragraphs of my paper, I saw Sarah (my Australian classmate) lamenting on facebook about the weather being so tauntingly nice and sunny outside with a passing ice cream vendor outside her house, while she is stuck indoor with her paper. I have to say, the power of influence- reading that mention of 'ice cream' made me feel like having one that instant- which luckily for me, I had purchased few cones of cornetto's few days back. Its actually meant to be for the entire household, but looks like I have no problem finishing them all myself. -__- Anyhow, I grabbed an ice cream, and then finally seriously put my mind to a paragraph of my paper. Just as I was doing that, hubby came downstairs with a gleeful look- asking me if I'd like to take a walk with the dogs in the sun. I knew I was very tempted, but I stated my intention of staying indoors to finish my paper. 'OK, huney, I give you 10 more minutes'. Deng, I don't think he understood what I said earlier. He said that in a very cheerful manner, as if to taunt me. 'Nice, sunny day-lah!!' he continued.

I hung my head low, knowing that I could not resist wasting a beautiful day out, whatmore when hubby is at home.. We grabbed the dogs, and as I continued eating my ice cream, we walked out basking in the sun, running occasionally with the excited dogs. We walked to the park, where we did some cardio exercises with the dogs for about 15 minutes up and down the stairs. I don't know who got tired first- me or the dogs, as husband watched me running up and down with each dog, taking turns each.

It was a simple day out, we just spent our time playing with the dogs, they socialised with other kids, and amazingly, other dogs too, today. The weather has done the whole country justice today- I am sure many people had a great time out today in their various ways.

For me, it was just nice to be with my favourite person in the world now, and with the cutest, most companiable, adorable, sporty dogs. At the park where my husband and I used to do many memorable things together when we used to date back then.
This cute little expression describes how I feel today- a simple sense of contentment. Wow, its nice for a change that I feel so comfortably at ease today (even though I only opened and started reading a case for tomorrow's class at about 2230 hours) -___-

Coming home, I read a long email from my mum, a very funny one- that I cannot control my laughter,- thank God for internet, it truly feels as if she is talking in front of me, describing all those things happening at home with such a personal funny touch- I can almost feel her presence here through her email. Ahhh,.ma really knows how to joke so naturally. Laughter is indeed a very 'feel-good' feeling :)

Amazing what a simple, beautiful day can do to me. A really  "しあわせ", "Bahagia", happy feeling today. Thank God for today.

Friday, 13 April 2012

(yummy) apple cake recipe


Excited about this apple cake recipe which I modified for it to be softer and moister. I learned this originally from http://www.food.com/recipe/best-apple-cake-136589#ixzz1rr8Huftq, but below is the already modified recipe I am recording down so I can make it in the same consistency next time.

Glazed Apple Cake Recipe
Ingredients
2 cups self-raising flour
1 cup glutinous rice flour
1 half cups sugar
1 teaspoon baking soda
1/2 teaspoon salt
3 large eggs
Half cup vegetable oil
2 teaspoons vanilla drops
2 teaspoons cinammon powder/spice
3 cups finely chopped apples (about 4 small apples)
Half cup apple juice /OR any non-carbonated fruit juice
Half cup raisins

Glaze topping for cake
Half cup brown sugar
1/4 cup butter
1/3 cup whipping cream

Directions:
Pre-heat oven at 180 Celcius for 10 mins

  1. Mix flour, sugar, soda and salt in large bowl. Make a well in the center and set aside.
  2. In a medium bowl combine eggs, oil, apple juice and vanilla essence. Stir in apples and raisins/nuts. Add the eggs to the dry ingredients, just until moistened. (Stir it in clockwise motion)
  3. Spread batter in a silicone mould. Bake at 180 Celcius for 45 minutes.
  4. In a bowl, combine the brown sugar, butter and whip cream- microwave for about 40 seconds till its completely melted and sugar is completely dissolved.
  5. Cool slightly. Drizzle the warm topping over cake, when it has cooled for 5 minutes, so it can absorb into the cake, keeping it moist.
  6. Serve, bon apetit! ♥

Wednesday, 11 April 2012

Plugged in: Connected, but alone (?)

"The feeling that ‘no one is listening to me’ make us want to spend time with machines that seem to care about us.” -Sherry Turkle
Stumbled upon this today- good stuff on yet another discovery of how technology has changed our lives and taken us to another level. Turkle shares her findings on how technology is shaping our modern relationships: with others, with ourselves, on TedTV, and I find her message extraordinarily true. This post will revolve round her message/her findings on how we are letting ourselves into deeper trouble if we don't control how we use technology. I am so taken by her profound message that I've decided to quote her speech at Ted entirely here.

For many of the things she says, it is true how many occasions have we seen ourselves spending time together, while not being together? We also have that saying in Malay- 'mendekatkan yang jauh, menjauhkan yang dekat' - 'closing the distance between those who are far apart, and widening the distance for those who are closeby' as perfectly illustrated in a photo taken by my friend Fairuz
She puts it in a perfectly sensible way to describe how we are so intertwined with technology today and how that has affected us. Below is the interactive transcript of her video -

Source Image: TedTV video
Over the past 15 years, I've studied technologies of mobile communication and I've interviewed hundreds and hundreds of people, young and old, about their plugged in lives. And what I've found is that our little devices, those little devices in our pockets, are so psychologically powerful that they don't only change what we do, they change who we are. So just to take some quick examples: People text or do email during corporate board meetings. They text and shop and go on Facebook during classes, during presentations, actually during all meetings. Parents text and do email at breakfast and at dinner while their children complain about not having their parents' full attention. But then these same children deny each other their full attention. 

Why does this matter? It matters to me because I think we're setting ourselves up for trouble -- trouble certainly in how we relate to each other, but also trouble in how we relate to ourselves and our capacity for self-reflection. We're getting used to a new way of being alone together. People want to be with each other, but also elsewhere -- connected to all the different places they want to be. People want to customize their lives. They want to go in and out of all the places they are because the thing that matters most to them is control over where they put their attention. So you want to go to that board meeting, but you only want to pay attention to the bits that interest you. And some people think that's a good thing. But you can end up hiding from each other, even as we're all constantly connected to each other.

Across the generations, I see that people can't get enough of each other, if and only if they can have each other at a distance, in amounts they can control. I call it the Goldilocks effect: not too close, not too far, just right. But what might feel just right for that middle-aged executive can be a problem for an adolescent who needs to develop face-to-face relationships. An 18-year-old boy who uses texting for almost everything says to me wistfully, "Someday, someday, but certainly not now, I'd like to learn how to have a conversation."

When I ask people "What's wrong with having a conversation?" People say, "I'll tell you what's wrong with having a conversation. It takes place in real time and you can't control what you're going to say." So that's the bottom line. Texting, email, posting, all of these things let us present the self as we want to be. We get to edit, and that means we get to delete, and that means we get to retouch, the face, the voice, the flesh, the body -- not too little, not too much, just right.

Human relationships are rich and they're messy and they're demanding. And we clean them up with technology. And when we do, one of the things that can happen is that we sacrifice conversation for mere connection. We short-change ourselves. And over time, we seem to forget this, or we seem to stop caring.

I was caught off guard when Stephen Colbert asked me a profound question, a profound question. He said, "Don't all those little tweets, don't all those little sips of online communication, add up to one big gulp of real conversation?" My answer was no, they don't add up. Connecting in sips may work for gathering discreet bits of information, they may work for saying, "I'm thinking about you," or even for saying, "I love you," -- I mean, look at how I felt when I got that text from my daughter -- but they don't really work for learning about each other, for really coming to know and understand each other. And we use conversations with each other to learn how to have conversations with ourselves. So a flight from conversation can really matter because it can compromise our capacity for self-reflection. For kids growing up, that skill is the bedrock of development.

Over and over I hear, "I would rather text than talk." And what I'm seeing is that people get so used to being short-changed out of real conversation, so used to getting by with less, that they've become almost willing to dispense with people altogether. So for example, many people share with me this wish, that some day a more advanced version of Siri, the digital assistant on Apple's iPhone, will be more like a best friend, someone who will listen when others won't. I believe this wish reflects a painful truth that I've learned in the past 15 years. That feeling that no one is listening to me is very important in our relationships with technology. That's why it's so appealing to have a Facebook page or a Twitter feed -- so many automatic listeners. And the feeling that no one is listening to me make us want to spend time with machines that seem to care about us.

We're developing robots, they call them sociable robots, that are specifically designed to be companions -- to the elderly, to our children, to us. Have we so lost confidence that we will be there for each other? During my research I worked in nursing homes, and I brought in these sociable robots that were designed to give the elderly the feeling that they were understood. And one day I came in and a woman who had lost a child was talking to a robot in the shape of a baby seal. It seemed to be looking in her eyes. It seemed to be following the conversation. It comforted her. And many people found this amazing.

But that woman was trying to make sense of her life with a machine that had no experience of the arc of a human life. That robot put on a great show. And we're vulnerable. People experience pretend empathy as though it were the real thing. So during that moment when that woman was experiencing that pretend empathy, I was thinking, "That robot can't empathize. It doesn't face death. It doesn't know life."

And as that woman took comfort in her robot companion, I didn't find it amazing; I found it one of the most wrenching, complicated moments in my 15 years of work. But when I stepped back, I felt myself at the cold, hard center of a perfect storm. We expect more from technology and less from each other. And I ask myself, "Why have things come to this?"

And I believe it's because technology appeals to us most where we are most vulnerable. And we are vulnerable. We're lonely, but we're afraid of intimacy. And so from social networks to sociable robots, we're designing technologies that will give us the illusion of companionship without the demands of friendship. We turn to technology to help us feel connected in ways we can comfortably control. But we're not so comfortable. We are not so much in control.

These days, those phones in our pockets are changing our minds and hearts because they offer us three gratifying fantasies. One, that we can put our attention wherever we want it to be; two, that we will always be heard; and three, that we will never have to be alone. And that third idea, that we will never have to be alone, is central to changing our psyches. Because the moment that people are alone, even for a few seconds, they become anxious, they panic, they fidget, they reach for a device. Just think of people at a checkout line or at a red light. Being alone feels like a problem that needs to be solved. And so people try to solve it by connecting. But here, connection is more like a symptom than a cure. It expresses, but it doesn't solve, an underlying problem. But more than a symptom, constant connection is changing the way people think of themselves. It's shaping a new way of being.

The best way to describe it is, I share therefore I am. We use technology to define ourselves by sharing our thoughts and feelings even as we're having them. So before it was: I have a feeling, I want to make a call. Now it's: I want to have a feeling, I need to send a text. The problem with this new regime of "I share therefore I am" is that, if we don't have connection, we don't feel like ourselves. We almost don't feel ourselves. So what do we do? We connect more and more. But in the process, we set ourselves up to be isolated.

How do you get from connection to isolation? You end up isolated if you don't cultivate the capacity for solitude, the ability to be separate, to gather yourself. Solitude is where you find yourself so that you can reach out to other people and form real attachments. When we don't have the capacity for solitude, we turn to other people in order to feel less anxious or in order to feel alive. When this happens, we're not able to appreciate who they are. It's as though we're using them as spare parts to support our fragile sense of self. We slip into thinking that always being connected is going to make us fell less alone. But we're at risk, because actually it's the opposite that's true. If we're not able to be alone, we're going to be more lonely. And if we don't teach our children to be alone, they're only going to know how to be lonely.

When I spoke at TED in 1996, reporting on my studies of the early virtual communities, I said, "Those who make the most of their lives on the screen come to it in a spirit of self-reflection." And that's what I'm calling for here, now: reflection and, more than that, a conversation about where our current use of technology may be taking us, what it might be costing us. We're smitten with technology. And we're afraid, like young lovers, that too much talking might spoil the romance. But it's time to talk. We grew up with digital technology and so we see it as all grown up. But it's not, it's early days. There's plenty of time for us to reconsider how we use it, how we build it. I'm not suggesting that we turn away from our devices, just that we develop a more self-aware relationship with them, with each other and with ourselves.

I see some first steps. Start thinking of solitude as a good thing. Make room for it. Find ways to demonstrate this as a value to your children. Create sacred spaces at home -- the kitchen, the dining room -- and reclaim them for conversation. Do the same thing at work. At work, we're so busy communicating that we often don't have time to think, we don't have time to talk, about the things that really matter. Change that. Most important, we all really need to listen to each other, including to the boring bits. Because it's when we stumble or hesitate or lose our words that we reveal ourselves to each other.

Technology is making a bid to redefine human connection -- how we care for each other, how we care for ourselves -- but it's also giving us the opportunity to affirm our values and our direction. I'm optimistic. We have everything we need to start. We have each other. And we have the greatest chance of success if we recognize our vulnerability. That we listen when technology says it will take something complicated and promises something simpler.

So in my work, I hear that life is hard, relationships are filled with risk. And then there's technology -- simpler, hopeful, optimistic, ever-young. It's like calling in the cavalry. An ad campaign promises that online and with avatars, you can "Finally, love your friends love your body, love your life, online and with avatars." We're drawn to virtual romance, to computer games that seem like worlds, to the idea that robots, robots, will someday be our true companions. We spend an evening on the social network instead of going to the pub with friends.

But our fantasies of substitution have cost us. Now we all need to focus on the many, many ways technology can lead us back to our real lives, our own bodies, our own communities, our own politics, our own planet. They need us. Let's talk about how we can use digital technology, the technology of our dreams, to make this life the life we can love.
________________________________________
Quoting her this entire rather thought-provoking speech does not mean I entirely agree with everything she said- afterall, everyone have their take on this. I think if we can control the use of technology in moderation in terms of connecting with others and relying less on it for attention to ourselves, maybe that can give us the best out of technology, if we can unplug ourselves from it and spend quality time with family and friends.

There's good and bad in having such technological advancement- I am learning alot from those friends who 'share' good stuff on facebook, and this inspiration then turns to inspire me, and in turn I also hope it will inspire others as much as it inspires me. Seems like this video was just posted in April, and yet I'm the 369,735th viewer already.. The very evidence of the power of how technology has shaped our lives.

Monday, 2 April 2012

Birthday wishes 1,2,3 :)

Realisation hits me today. ITS ALREADY the 4th month of 2012. *gulps* I feel like I am running against time.. I should lay low off this site for abit till at least the 13th. Or else, my dis-activation of facebook will just be in vain.

There are now 3 people that I know of who's birthday falls in this 3 (1st, 2nd and 3rd) consecutive days.. 1st is Celine Junior, whom is a family member from my husband's side, 2nd is my dearest daddy's birthday and 3rd is my mother's birthday. In conjunction with their birthdays, I thought it'd be nice to put some nice birthday posters. My parents don't really celebrate their own birthdays, but really.. they ought to. I do hope that my siblings are getting cake or something for tomorrow. They ought to reward themselves for having gone through many years of sacrifice and endurance in bringing FIVE kids up.
Source: [Forgotten(?)] I am not taking credit for this photo, I stumbled upon it somewhere on the internet, but can't recall where.

Birthday confetti
“Honor your father and your mother, that your days may be long in the land that the Lord your God is giving you." - Exodus 20:12

Freebies.

You know they say- 'the best things in life are free'? Yea, I cannot describe how in love I am with freebies, and I also cannot explain this crazy obsession with it. It's not just those freebies illustrated below- but also free stuff from companies especially at exhibitions/fairs/etc. I think it is quid pro quo beneficial to both parties- as they get to go back with a lighter load, and they managed to convince another person the company is not only big, it is also rich enough to be giving away free usb sticks, or some thoughtful to give mints/pens/lipbalm are the norms.
It's even true-er (if there's such a word!) these days that you can obtain more things online for free. For instance, before people marketing shifted towards social networks/blogs/ etc, we had to purchase books. These days, you can find most articles/free and informative e-books online. It's growing faster than we can imagine these days, such marketing style.

Just last few days, I stumbled across a fantastic site on 'money saving' tips and how to try to reach personal financial freedom. I think some of the ideas are pretty good and practical.
It's really worth checking out Trent Hamm's 'the Simple dollar' site which offers great insights and ways to not only save money, but how to live within means, and how to earn more money in various ways, till you finally can control your own destiny (in terms of monetary aspect).

As for the image below, is just one of my wishful thinking. That someday an organisation/company might consider giving this BAG ORGANISER as a freebie.
For a thing which offers such handiness and usefulness, it doesn't cost much at about 4 pound (or around RM 30) per each pouch, its certainly practical and in terms of 'return on happiness', that will be greatly appreciated by women of all races in the society. (As women love to change bags/some have different bags for different days and occasions) I'm sure they will feel deeply indebted and forever thankful to whichever organisation/company that hands it out as a freebie. If I were an organisation I'd do it, cos my goal is to spread more awareness/popularise the company, this is one great way to do it- a different/novel freebie idea, unlike abundance of pens....
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Interesting fact discovery by Seth Godin, one of my favourite author on the power/art of marketing. He's asked others to 'share' this, so this is exactly what I am doing now. :)

Who's there? - Revelations of several truths in the eyes of Seth Godin

FIRST TRUTH: Clutter
80,000 new blogs every day.
19,000,000 different beverages at Starbucks.

When you apply for a job, so do a thousand other people. When you see a house listing, so do a thousand other people. When you bid on a grilled cheese sandwich on eBay, so do a thousand other people.

And when you want people to come to your blog or your website, so do a million (ten million, a billion!) other people. You’ve just read that, but you didn’t really believe it. You are almost certainly living in a different world, a world where you expect that some people actually care about you. Your boss nods her head when she hears about clutter, but turns right around and builds stuff and markets stuff as if it were 1969. No one cares about you. Almost no one even knows you exist.



SECOND TRUTH: Quality


stuff is better (and cheaper) than it ever was before. You  can buy far better food, access more free content of value, call further and more  often... you name it, most everything is better (or if not better, then much
cheaper than it used to be).  The relentless march of quality improvement means that mistakes—from your 
bank to your shoes—are a lot less common. When I was a kid, a pair of sneakers  that were “good enough” cost about ten times (in today’s dollars) what the same  pair would cost today. In a world where there’s a lot  of clutter and where everything is good enough, most of the time we just pick the  stuff that’s close or cheap or familiar. But  when it’s something we care about, we go to  enormous lengths to find the very best.

THIRD TRUTH: Selfishness
The first was the idea that blogs selflessly
link to each other. If someone writes something that you want to respond to, you 
include a link to it on your blog. The more you linked, the more you got linked to. The more you got linked to, the higher your Google rank. Which meant more traffic. And on and on. 
But, even though bloggers are selfless, blog readers are selfish. They (we) really have very little choice when you think about it. We are selfish because we only have a little bit of time and there’s too much to read. So, as a result, we are very strict about what’s on our shortlist. We are merciless in deleting a blog from our reader if the blogger posts too often about stuff that’s not relevant to us. 
*************
Seth Godin truly interests me and I am very sure he'd interest you as well- you can check out some of his work through this link- and if you like it as much as I do, you can purchase it through the link within this link.
'Small is the new big only when the person running the small thinks big.' 
-Seth Godin

Sunday, 1 April 2012

the easiest fastest cupcake

Takes only 8/10  minutes to prepare, and 20 minutes @ 180 degree baking time.
Just mix 125 gram butter OR sunflower oil with 120 gram caster sugar, add in 3 eggs, continue stirring it with a laddle slowly, and then put in 250 gram of flour, and 1 table spoon of baking soda/powder. Continue stirring it with your laddle, (no need for handmixer) and finally, put in 125 ml of milk. Pour in half of the mixture into the cupcake papers and put in your desired fillings - strawberry jam, or your favourite nutella chocolate. Pour in the other half to cover the fillings, thereaftter. For me, I made 6 chocolate fillings and 6 strawberry fillings..

*Bake at 180 degree for about 15-20 minutes.. You can tell if it's ready by poking/checking it in the center with a toothpick.

Those cupcake silicone moulds are just fabulous for this. I just got this from the supermarket today, but this days, you can virtually find anything online,. 

Btw, the cupcakes would have looked much nicer with delicious looking topping/cream..But, I don't want to put cream on top of it for 2 reasons- 1) because it will take extra time 2) cos it adds too much extra calories
If you're an expert at baking, yes, I am sure you'd give me that look ---> cupcake FAIL.. But, then, I never said this is the best cupcake/nor is it the best-looking cupcake. I came across this recipe through a friend, and thought this is still a good share, as it's fast and easy to make.

Anyhow, bon appetite, and happy trying too! 

Saturday, 31 March 2012

Cause of Death (CoD) game

Lately, I discovered by accident the 'Cause of Death' game which I downloaded on my iPad. It's one of those 'distraction' that I totally don't regret adding on to my latest pastime. It's updated every once a week, and you can download this game for free on your iPhone or iPad.. amazing game that gets you hooked and feel like a detective yourself, going through crime scenes, and solving the case like a criminal investigator yourself. I gotta admit, I feel adrenaline rush especially when I feel that I'm getting close to the suspect. The fun thing about this game is, it's got a good plot, it makes you think your next step by concentrating on the key facts of the case. I'd say that this is not only interesting and appealing to those criminal evidence/criminologist students but also for anyone looking for a thrilling activity to fill up your time, i.e. when you're waiting at stations or etc and have nothing to do. Image source: http://causeofdeath.wikia.com/wiki/Cause_of_Death_Wiki


So,.. Do you think you can catch the killer?
It's not only got a good plot, it boost interesting characters and you immediately feel connected to this game, as you fill in the roles of the character yourself as you go through the different chapters/different crime scenes. I don't want to spoil the fun by elaborating too much on this, it's something you should discover yourself by playing it. However, should you feel intrigued after the first chapter, 'The Maskmaker', you may read on the various character profiles from this page- http://causeofdeath.wikia.com/wiki/Category:Characters

Perhaps most of you already know this game before I did, I only discovered this game very recently, (and the moment I did, I got hooked instantly). It's no surprise they've got a whole string of fans on their facebook page. Like the rest, I joined the wave by 'liking' the page, and am now a faithful follower of the latest aired chapters which comes out every week.
Image source: http://www.freeappgames101.com/cause-of-death-free-can-you-catch-the-killer-iphone-game-app-review-1116.html


How to play this game/configuration
It's not difficult to figure out how to play this game, I think if I can play it, there is no reason others find it difficult to play this.. I'm saying this because I am generally very slow at learning how to play new games, hence why I don't play any games..The last game I learned was probably monopoly. Deng, that was quite way back in time! XD However, should you feel the need to have a clear walk-through on how this game works, click on this link

Exhilarating experience, for me, its better than watching CSI, cos it feels like I am the CSI (Crime Scene Investigator now) :p

Hope you enjoy this game as much as I do, and have fun earning your detective points!
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*P/s: Btw, if you don't know it yet, and if you are a Malaysian taxpayer, you can purchase a computer gadget which includes among others, iPad (but excluding Samsung Galaxy Tab -as that is a phone/tab function gadget), and can offset against your tax through tax deduction/relief. The rest (deductible items) are the usual things like books, sports equipments, life insurance premium, personal development/educational activities. Don't forget to keep all your receipts, as occasionally the tax authorities will ask for proof before they reimburse your overpaid tax payment.  - However, note that you can only claim for this once every 3 years. Oh yes, also a reminder to myself and my Malaysian friends to make your tax declarations on e-filing system before 30 April 2012..

Thursday, 29 March 2012

Autonomy, fairness and good faith (?)

Today's takeaway, from the Merchant of Venice, 'mercy seasons justice'. So, in the start of the proceeding by Shylock against Antonio, he kept saying 'I stay here on my bond'.. and insisted on getting that 'pound of flesh' as was agreed by the two earlier in the play. 
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Lawyers are sometimes likened as 'ruthless' and 'heartless' bunch of people- at least the stereotype about them is that they'd do anything it takes to win their case. On the one hand, yes, it is their duty to their best for the client they represent, afterall, that is their job, but on the other hand, some get so fixated with furthering their(s) and their client's interest so much so, the lines between truth, fairness and justice becomes so blurred at the end of the day. In the end, whether its right or wrong against one's conscience doesn't matter anymore- this is the point where they are used to such steel-hardened feeling, what matters is no longer about achieving justice, but rather, furthering certain interests- whether it is right or wrong, moral or not. Then again, in today's society where people so freely can and are able to express their thoughts; what constitutes right or wrong is no longer an objective question- it differs in everyone's dictionary.

It is true that to a large extent, your case is half the battle won if you hire good lawyers. However, I'd like to think that there are great judges out there who are not easily swayed by merely convincing/(I'd call it predator-like sometimes) arguments of the i.e. lawyer of the party with the deeper pockets. Yes, one has to think twice before going to court- litigation is an expensive affair indeed. So, most people out of fear, despite perhaps being in an unfair bargain, will just drop the dispute, out-of-court, and receive meagre compensation for it, or sometimes none at all. People enter into contractual relationships out of their own freewill, and 'autonomy', but I think this is quite a misnomer, as most of the time, contracts are signed even without being read first- or the provisions were perhaps beautifully drawn by the counterparty, who is perhaps richer, more powerful and hence, the provisions will be written more to their advantage.

I personally dislike this adversarial nature- where people so freely go out to pursue their own interest, and so long that they do not cheat, that is acceptable practise. I hate the fact that sometimes blackletter law leads to inherent injustice simply because 'the contract said so'. I detest big corporate bullies, on weaker parties who do not have the voice to stand up against the former. That is why I have remained quite a skeptic of the law as an able tool to bring justice to those who need it. I only think it is a tool of keeping order, but to a large extent manipulated/used/abused by those in power to advance their hidden interests. 

Liberté, égalité, fraternité (?)
Hence, it is indeed very interesting that the Draft Common Frame of Reference (DCFR) were drawn up as an inspiration for a common European contract law framework incorporating 'good faith' as an element of contract law- upholding the 3 pillars of contract : Autonomy (freedom/freewill to contract), Reciprocity (Fairness) and Good faith. 
III. – 1:103: Good faith and fair dealing
(1) A person has a duty to act in accordance with good faith and fair dealing in performing an obligation, in exercising a right to performance, in pursuing or defending a remedy for non-performance, or in exercising a right to terminate an obligation or contractual relationship.
(2) The duty may not be excluded or limited by contract or other juridical act. 
Contrary to the belief that element of 'good faith' creates uncertainties and vagueness, I believe it is otherwise, as relationship no matter how complicated is built on elements of trust and fairness. Afterall, all contracts are 'pacta sunt servanda'- they are all binding in force, hence, if parties agree to fair and objective standards to bind them, you get what you contract/ask for- what weighs exactly as what you give. I am also encouraged by the fact that courts in several civil law countries do impute the duty to negotiate in accordance with good faith and fair dealing, and are willing to intervene in order to read 'reasonableness' in a particular disputed provision. I am encouraged and inspired to learn today that this is the upcoming trend in more countries. I believe this is a positive development, it afterall came from the Carthaginian origin- inspired by the Gospel of Matthew, 'There is perfect honesty on both sides; the Carthaginians never touch the gold until it equals in value what they have offered for sale, and the natives never touch the goods until the gold have been taken away.' Stemming from this idea, over the centuries, the idea of contract has been distorted, boiling down basically to 'it's ok to further your interest, you are entitled to basically do anything it takes, so long as he avoids making misrepresentations/cheats'. I guess materialism, greed for more and more at the expense of others have led to us overlooking the notions of trust, faith and honesty which were so valued, once upon a time. Bottomline is: Even if you try to exclude/limit your liability to such an extent it is so unfair to the contract, and especially if such an important fact is not made aware to the other party, it is likely that courts which reads the provision in accordance with 'good faith', will see that you're not really acting in good faith that way, and most likely, that will only work against you.

I am encouraged to hear that in the Dutch courts, judges impute notion of 'good faith' in cases, despite that the contractual provision may provide clearly otherwise, and read it from the 'reasonable man's perspective. I am also more encouraged that this trend is also the case in Scandinavian countries, Germany, and France occasionally. I hope this position will be persuasive for other jurisdictions i.e. common law countries to follow someday in future. 

I like this idea of good over evil, faith and forgiveness embodying the essence of relationships.. Call me simplistic or whatever you want, but I feel enthusiastic at the thought or merely a dream for now that in future, relationships can be based on trust and fairness incorporated in transactions. What sheer joy and abundance that would bring to all! If only! Btw, have I ever mentioned I can't stand lawyers who think they belong to a superior social class. hm.

 “Judgment is without mercy to one who has shown no mercy; yet mercy triumphs over judgment” (James 2:13)
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Ultimately, at the end of the play, the tables are turned against Shylock, as he was then convicted against attempt of murder, in which Antonio in turn showed him the 'ultimate mercy', and spared his life, in return of Shylock agreeing to convert into a Christian, so he can receive salvation and get the mercy of the Lord in Heaven.

Tuesday, 27 March 2012

Principled negotiation/ Negotiation on the merits

"You cannot shake hands with a clenched fist" - Indira Gandhi
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Just sharing the good stuff that is already available on the internet anyway.. I publish on this blog so I can occasionally refer to it myself.

For a recent lecture on mediation, the professor spoke mostly on the simple art of negotiation which goes a long way in any type of dispute resolution- be it informally or formally- be it with your spouse at home, friends in school or colleagues at work. He recommended us to read 'Getting to Yes', which is a book written by researchers from Harvard in 1977. Despite it being published a long time ago, the topic is of current relevance today, so much so I feel we are so privileged that this book is available online for us to read now through this link . It is worth reading for everyone- as 'negotiating' has become such an indispensable part of our life, but yet, not necessarily an easy one, and not one that goes accomplished as how we may want it to.
"Although negotiation takes place every day, it is not easy to do well. Standard strategies for negotiation often leave people dissatisfied, worn out, or alienated — and frequently all three." - Getting to Yes
We find then that some people choose either the soft or hard ways to negotiate. Often those who uses the soft way tries to avoid conflict at all cost; but yet in the end, this person always most often end up feeling exploited and used, the other probably take advantage of him and trample all over him, getting away with the better deal. On the other hand, we have those who like to play it hard, the natural aggressors who will not give in until he 'wins' it all.

So, what is this book about?
This is where 'Getting to Yes' comes in handy- it explains ideals which are practical with clear real examples- which means it is not one of those books that talks beautifully about ideas detached from the reality of life. The authors introduces the third way of negotiating- that is the 'principled negotiation'- neither soft nor hard way. In a nutshell, this book is all about 'principled negotiation'- a method useful in many aspects of our day-to-day life. I feel that this method is extremely useful especially in today's litigious society, where for any fault/wrongs/misunderstandings, what comes to mind immediately is the thought of "'rights' and whether or not 'my rights are infringed', 'can I sue them'?" This book cleverly suggests us to look for mutual gains wherever possible, and that where interests conflict, we should insist that the result be based on some fair standards independent of the will of either side. This method of 'principled negotiation' is hard on the merits, soft on the people. Principled negotiation shows how one can obtain what they're entitled to and yet remain decent. It enables one to be fair while protecting oneself against those who would take advantage of that fairness.

Why should I read this, what's in it for me?
For me, this book holds certain answers to questions that were never answered before- but questions which I never really pondered on for long, cos I'd dismiss it simply shrugging it of as 'that's just the way of life'. Or simply saying 'life is unfair' to myself.  But no- it's time to get up and see that there are simple key elements which holds the answers to many unanswered questions.

1. Positional bargaining fails to meet the basic criteria of producing a wise agreement, efficiently and amicably. As more attention is paid to positions, less attention is devoted to meeting the underlying concerns of the parties. Agreement becomes less likely.
2. Learn the basic elements of principled negotiation -
People: Separate the people from the problem.
Interests: Focus on interests, not positions.
Options: Generate a variety of possibilities/options for mutual gains before deciding what to do.
Criteria: Insist that the result be based on some objective criteria/standard.
Who is this book for?
"Principled negotiation can be used by United States diplomats in arms control talks with the Soviet Union, by Wall Street lawyers representing Fortune 500 companies in antitrust cases, and by couples in deciding everything from where to go for vacation to how to divide their property if they get divorced. Anyone can use this method." - Getting to Yes

"Be persistent in pursuing your interests, but not rigid in pursuing any particular solution."

I wish I knew about this book sooner, and known the doctrines sooner. Boy, that would have been so helpful.

This book reminds me of the American drama series 'Fairly Legal' which is quite recommendable to watch. To summarise the series quickly, it's about a young lawyer turned mediator who resolves client problems through assertive and creative style. Definitely worth watching. It makes mediation sexy and appealing, if you get what I mean.

quotes to live by


This source of this simple quote came from the war period, it is worth watching the story behind one of the most iconic images of the 21st century.

To share this joy/happiness, I found out that you can get creative with this template too, on this link  so, you can make a personalised one, so to speak to your dearest ones? 


.....and last but not least- one of my favourite drama icon, the funny, hilarious and spontaneous legen-dary Stinson, this is quite a cool image cos Elmo's in it too. 'I'm Elmo and I know it ;)'