Monday, September 30, 2019

Differences in People’s Perception of Reality in the Context of A Streetcar Named Desire by Tennessee Williams

The inadequacy of humans' ability to discern what is real amid complex situations is a factor that forces people to have different meanings and views on all things existing. Heightened by people's internal and external conflicts, the different perspectives of reality are proven to be an unconquerable source of conflict in the society. The differences in people's perception of reality transcend beyond the definition of a systemic psycho-social problem because such differences include opposing value systems, institutionalized beliefs, social ethical codes and the omnipresent patriarchal ideology in the socieities.Such differences are all seen in gender issues as men have their own vision of reality built with their ethical and moral constructs in which women are of inferior status. One insightful literature that exposes the differences in people's perception of reality as a major source of conflict is the book titled A Streetcar Named Desire written by Tennessee Williams. This book is a reflection of how patriarchy remains dominant in the struggle against people's incapacity to discern what is real. This book reveals the uncertainty of destiny and failure to cope with complex situations.The female characters in the story, Blanche and Stella are passionate women who are controlled by their external and internal conflicts. These conflicts overshadow their strong desire for love and freedom making them vulnerable and susceptible to harsh attacks from the patriarchal society. The external conflicts that overpower the life of Blanche are a valuable factors that give great contradictions to her. Economic background is one external conflict inherent in the character of Blanche. Even though she has noble features embedded in her personality, and a lofty social background, her destiny is doomed from the very beginning.This is because she is ignorant about how complex and cruel life can be amid wealth and luxury. As Belle Reve, the family mansion has been traded in exchang e for the epic fornications of their grandfathers, uncles, and their father, Blanche goes to Stella's refuge to start a new life but is failed to do so (Tennessee 2004). Her shift from high social status becomes her external conflict that weakens her against the male characters, the domineering Stanley and Mitch. She lives under the pressure of a failed status and failed marriage and the social rules in which Stanley is the tyrant.Living with Stella, Blanche fails to see the â€Å"reality† of the world that contrasts with her beautiful and luxurious dreams. Blanche fails to overcome the cruelity of the real world because she has covered her eyes with horror, uneasiness, revenge and frustration. She never find a way to face the truth head on and all the she does is to take a detour and away from the world that she does not expect. The inner conflict existing in Blanche include her sexual involvement with strangers as the embodiment of her irrational indulgence for sex and cari ng for a lonely heart.The satisfactions of her desire has been the main context of her living and she will take no initiatives to suppress it. She makes her own reality by committing to take her passion to life while neglecting ethical standards and moral values. Her untamed tongue is a reflection that she would not take any negation and considerations when it comes to her desire. As for Stella, she fails to see the cruelty of her husband because her eyes are pointed only to one direction and one belief: that her man cannot do such a thing because of love and commitment. Stella's external conflict is her marriage to her husband.She cannot face the harsh truth because she defines her marriage as fidelity and righteousness alone. She is blinded by her love and cannot see the several dimensions surrounding marriage such as lust. Another conflict in Stella's character is her economic role of making her own living (Tennessee 2004). Stella is so consumed with making money and establishing her own life that she forgets to be sensitive to the needs of her significant others. All that she cares for is her marriage and moneymaking. Stella's one vision of reality reflects a peaceful and successful marriage with Stanley whom she loves most and loves her faithfully in return.Her reality is built within the constructs of society's ethical and moral standards. Her whole life is controlled by fantasy to which she creates an unbreakable bond. The male characters in the story Mitch and Stanley represent life's antagonistic feature that human beings tend to negate or consider as unreal. As the antagonists, they are the object of the assumption that conflicts arise when humans fail to recognize cruelty as part of llife's reality. The imperfection of the two characters substantiate the fact that Stella and Blanche are blinded by their illusions, fantasies and fulfillment of their desires.Stanley and Mitch bring the illusion of the female characters into fierce confrontation with t he cruel reality. Mitch and Stanley also represent the dominance of patriarchy in conflicts. They have the edge in the conflict because they fulfill the illusion and dreams of Stella and Blanche while at the same time make up the cruel reality of the female characters' lives. Mitch and Stanley are the unconquerable force that lead to the external and internal conflicts of the female characters. Stella and Blanche tend to establish that men are solely owned by their worlds of dreams instead of considering them as objects of life's reality.The differences in people's perceptions of reality are determined by their external and internal conflicts. These differences create an outwardly conflict that may destroy personal relationships. Such differences arise when people focus on only one aspect or dimension of life instead of creating a holistic picture of life's reality. The external and internal conflicts lead to such differences and bring constant suffering. The male antagonists symbol ize tension and cruelty which are all part of life that tend to crush people emotionally and physically.

Sunday, September 29, 2019

How the Brain Impacts Learning Essay

The brain is a very complex and amazing organ that consists of two very important halves. The right hemisphere and the left hemisphere, both of these effect how we learn and process information. In most cases we have a dominate side whether it be the left or right side. In some cases it is found that there are whole brained thinkers pulling information from both sides of the brain. Let’s cover how the brain works, what subjects each side learns and how it processes information, teaching techniques for the right, left and whole brained learners. The brain is made up of two halves, or hemispheres – the left brain and the right brain. The brain is divided into two distinct and separate parts by a fold that runs from the front to the back. These parts are connected to each other by a thick cable of nerves at the base of each brain, called the corpus collosum. A good analogy is that of two separate, incredibly fast and immensely powerful computers, each running different program from the same input, connected by a network cable, or the corpus collosum. The left hemisphere of our brain is â€Å"wired† to the right side of our body and vice versa. This even applies to our eyes, with information from our right eye going to the left hemisphere and information from our left eye feeding the right hemisphere†(Eden, Left brain right brain) The left and right side of the brain have different ways to process how they take in information and learn different subjects. Let’s start with the right side of the brain and see how it works in this way. The right hemisphere process the information best with demonstrated instructions, looking for patterns, similarities, open ended questions, drawings and is free with its feelings. â€Å"Right-brain students are the dreamers. They can be very intelligent and very deep thinkers—so much so that they can get lost in their own little worlds. They make great students of the social sciences and the arts. † (Fleming, 2011) The Left side sees things differently than the right side preferring verbal instructions, logical thinking, talking and writing, multiple choice testing and controls feelings. Dominant left brain students will be more organized, they’ll watch the clock, and they’ll analyze information and process it sequentially. They are often cautious, and they follow rules and schedules. Left brain students are strong in math and science, and can answer questions quickly. †(Fleming, 2011) The whole brained learners or middle brained learners, are the ones that can use both sides to processes the different information which is a great benefit to their success in life. They can look at a situation and choose which side would best solve the situation. Students who are middle brain oriented can have strong qualities from either hemisphere. Those students can benefit from logic from the left and intuition from the right. †(Fleming, 2011) We are all different in the way we use our brain; some having a dominate side and some utilizing both sides. Thus leaving the question of how teaching techniques can stimulate both sides? Teachers have a great responsibility teaching our children and they should teach in a way that can stimulate both sides of our brain or better yet the whole brain. It is important to know what types of thinkers you have in your classroom so they can be better taught. The examples above should give you an idea of how the right, left and middle brained thinkers take in the information so let’s move forward to how you can help teach them better. â€Å"For many students, particularly those who are â€Å"right-brained,† a visual, such as a picture or 3-D model, can help them better understand a concept. Another way to help â€Å"right-brained† students is to pair music with learning. Have students make up a song about history facts and sing it to the melody of a familiar song such as â€Å"On Top of Old Smoky. † Let these students see, feel, and touch things. â€Å"Right-brained† students also seem to thrive when doing group or hands-on activities. †(Quantum Learning, 1999, p. 31) Activities should include shared learning, group discussions, role-playing and experiments. These learning techniques will greatly benefit our right brained learners. To help â€Å"left-brained† students, provide information in very logical sequences—for example, make (numbered) lists for them. Another way to help students with a left-brain preference is to give them typed or printed directions. Let these students do their work step by step. â€Å"Left-brained† students seem to thrive when following plans and having structure with activities. † (Quantum Learning, 1999, p. 31) Activates should include analysis, research, realistic projects a nd worksheets. These learning techniques will benefit the left brained thinkers. Keeping in mind though, that many teaching techniques can benefit all of your students; it is also important to use both of these techniques to benefit the students that use both the left and right side of their brain. As an educator you need to understand how your students learn best whether it is a; dominate left or right brained student or the whole brained learner that likes a mixture of both techniques. Another great benefit you can find using these techniques in your lessons is to get a dominate brained student to use there less used side of thinking. Through this we have learned how the brain works, how we process and learn information using both sides of our brain and how teaching techniques are important in learning as a whole. We all learn new things each and every day so use this as it is vital information to help you learn to your full potential. Today, in more than years past, we are using these studies to help students learn as much as they can. Teaching curriculums are always on par with the best technology out there and the more that we learn about the differences between the two halves of the brain the more our children can learn.

Saturday, September 28, 2019

Childrens literature Essay

Child development was broken down into four theories. These theories focused on intellectual and cognitive development as well as social development and moral judgment development. Theoretical models can be applied to children’s literature by different kinds of books. Children in the younger ages enjoy books like Dr. Seuss the cat in the hat or The Bernstein bears books that focus on things like right from wrong and education. Children learn from these kinds of books at a young age and the books can be related to their lives. As children get older books become more meaningful and become something they can relate to. Harry Potter and the Sorcerer’s Stone is the book I chose, because I felt like it was well known and something children could connect to and enjoy. The story of Harry Potter can be related to by many children. The trials the he faces as a boy living with his aunt and uncle in the â€Å"non-magic† world can be understood by some who have encountered the same things. He was unappreciated, bullied, made fun of, and treated unfairly just because he was unliked. On his eleventh birthday he finds out that he is actually a wizard and there is a school for kids just like him. His parents, who were killed when he was a baby, were also magic people, and he was excited to be able to learn about them. At the school, Hogwarts, he is befriended by two people who truly become his best friends and family, and he is finally happy to know there are people who care about him. I think this book can be related to Piaget’s Cognitive Theory of Development. Piaget’s cognitive theory of development was outlined into four periods of intelligent development. The sensorimotor period, the preoperational period, the period of concrete operations, and period of formal operations. The period of formal operations hits right at the age group that the Harry Potter series was intended for. This period occurs between the ages of eleven and fifteen when young people begin to use formal logic, engage in a true exchange of ideas, comprehend the viewpoints of others, and understand what it means to live in society. Most readers of this stage have entered adolescence and are ready for more mature topics. I think that this theory applies to this book as kids can relate to Harry’s life with the Dursley’s and the world he is living in. After finding out he is a wizard they can also relate to all the situations he will face while  there at Hogwarts. Children can use their imagination to take them away into their own world where they can get away from reality even for a moment. As far as the book itself goes, literary criticism is meant to interpret the meaning of literature. I believe this book is approached by formal criticism. Formal criticism focuses on the work itself rather than the literary history of the book. When I read this book I am not worried about the author and her life or anything about the literature. I am focused on the action and story itself and the suspense it brings to its readers. I found this criticism part of the paper a little more challenging, but I agree with my decision as I did not think that any of the others fit. There is much that children and even adults can learn from reading books. There are books for children ages zero to three that focus mainly on shapes, colors, animals, and numbers. There are books for younger children up until age ten that are about little girls or boys and their adventures that they go on with their imaginary friends. Books about friendship and forgiveness that teach children to be kind and considerate of others as well as unselfish and giving. Books for ages eleven to fifteen that focus on life as a teenager when your mother or father does not understand you and you are desperately trying to figure out who you are. Books that can teach compassion and loyalty to family and friends and just overall make you imagine worlds you could have never dreamed of. Finally to the ages of sixteen to nineteen when you are googling over that boy or girl you so wish would notice you or even if you are interested in the fantasy world of dragons and wizards, there is a book out there that can teach every one of us something about ourselves. Books are out there to teach us new things and take us places we never knew we could go. It is all about actually reading what the author has to say and listening. For me reading was a way of life and something that made me who I am today. I encourage reading for everyone and I hope that my son is as passionate about reading as I am. References Russell D. L. (2008) Pearson education, Ch. 2: The Study of Childhood: pg. 1 The Discover of Childhood. Russell D. L. (2008) Pearson education, Ch. 3: The Study of Literature; para. 20 Literary Criticism.

Friday, September 27, 2019

Two Major Competing Brands under the Same Parent Corporation Essay

Two Major Competing Brands under the Same Parent Corporation - Essay Example This essay declares that Dove and Axe are the two competing brands under the same parent corporation, Unilever. Dove is Unilever’s personal care brand that offers products for both women and men and has business interests in more than 35 countries across the globe. At the same time, Axe is a brand that deals with male grooming products under the parent company Unilever. This discussion explores that while dealing with more than one competing brands, an organization might face several challenges. In contrast, Unilever has succeeded in its promotional tactics for Dove and Axe in the international market. Although the success could be attributed to several competitive advantages, as per the reports, globalization greatly contributed to the faster growth of Dove and Axe in the international market. Globalization refers to a process by which national economies and cultures are integrated into an international economy so as to enhance international trade, direct foreign investment, migration, and technology sharing. Both Dove and Axe get the opportunity to attain benefits from foreign markets since the offshore countries provide better business conditions such as cheap raw materials and labor, liberal government laws, and large number of potential customers. The company highly encourages fair competition so that brands like Dove and Axe vehemently dominat e the market in which they operate. The designed purpose and principles of the company state that it always works with integrity, which is also applicable to Dove and Axe (Personal care brands). Both the Dove and Axe brands practice the concept of market segmentation. It is obvious that both these brands target people between the age 18 and 24; and hence they focus their business to areas where youngster highly indulge. Since the two brands deal with almost similar products, they are forced to compete with each other in the same market segments. Kapferer (2008, p.403) opine, under such market conditions, both brands must avoid all references to the parent company when they operate under the same corporation because this practice would help to maximize the perceived difference between the two. As per the Unilever code of conduct, both Dove and Axe managements continuously try to

Thursday, September 26, 2019

Coca Cola and their Marketing techniques Case Study

Coca Cola and their Marketing techniques - Case Study Example In recent years due to increased competition the company has involved itself in ownership of franchises all over the world. The coca-cola company produces a wide range of products, including: soft drinks (Coke, Fanta, and Sprite), Mineral water (Dasani), non-carbonated beverages (PowerAde sports beverage, flavored tea Nestea). In general the Coca-Cola Company (TCCC) only produces syrup concentrate which is then sold to various bottlers throughout the world who hold a Coca-Cola franchise. Coca-Cola bottlers, who hold territorially exclusive contracts with the company, produce finished product in cans and bottles from the concentrate in combination with filtered water and sweeteners. The bottlers then sell, distribute and merchandise the resulting Coca-Cola product to retail stores, vending machines, restaurants and food service distributors. The Coca-Cola Company offers nearly 400 brands in over 200 countries, besides its namesake Coca-Cola beverage. Diet Coke was introduced in 1982 to offer an alternative to dieters worried about the high number of calories present in Classic Coke.2 The Company also introduced new soft drinks to satisfy a widening spectrum of tastes. Born in Germany, Fanta was introduced in the United States in 1960; today the Fanta family of flavored soft drinks has become one of the best-selling brands in the world. Sprite, a lemon-lime drink, followed in 1961, and in 1963 the Company introduced TAB, its first low-calorie beverage. In 1960 the Minute Maid Corporation merged with the Company, adding frozen citrus juice concentrates and ades under the trademarks Minute Maid and Hi-C to the Company's array of beverages. The Coca-Cola Company offers nearly 400 brands in over 200 countries, besides its namesake Coca-Cola beverage. This includes other varieties of Coca-Cola such as Diet Coke (introduced in 1982 ), which uses aspartame , a synthetic phenylalanine -based sweetener , to eliminate the sugar content of the drink; Caffeine-free Coke ; Cherry Coke (1985); Diet Cherry Coke (1986 ); Coke with Lemon (2001 ); Diet Coke with Lemon (2001); Vanil la Coke (2002 ); Diet Vanilla Coke (2002); Coca-Cola C2 (2004 ); Coke with Lime (2004 ); Diet Coke with Lime (2004 ); Diet Coke with Splenda (2005 ), Coca-Cola Zero (2005), Coca-Cola Black Cherry Vanilla (2006) , Diet Coca-Cola Black Cherry Vanilla (2006), and Coca-Cola Black Tab was Coca-Cola's first attempt to develop a diet soft drink, using saccharin as a sugar substitute. Introduced in 1963, the product is still sold today, however its sales have dwindled since the introduction of Diet Coke. The Coca-Cola Company also produces a number of other soft drinks including Fanta (introduced circa 1942 or 1943) and Sprite. Fanta's origins date back to World War II

Best Practices in Teaching Comprehension Essay Example | Topics and Well Written Essays - 750 words

Best Practices in Teaching Comprehension - Essay Example The underlying mechanisms by which comprehension and knowledge acquisition occur are 'top-bottom' and 'bottom-up' technologies. Bottom-up or data driven activation of schema occurs when information on the page activates a certain low level schemata or feature detectors which in turn activate or instantiate a higher up sub schema or other higher up structure. In that processing manner,information enters into the perceptual system from the most specific feature at the bottom and travels upward to the most general structure in the system. On the other hand,conceptual driven activation occurs when the highest and most abstract structure at the top of the system sends down information through the hierarchy of structures till it reaches the lowest structure or the feature detector. This processing flow of information in a top-down manner is brought to account for incoming data and to comprehend it as a correct interpretation of the input. Both types of mechanisms work in both directions. The process of understanding discourse is the process of finding a configuration that offers an adequate account of the passage in question. Clues from the passage suggest possible interpretations (instantiation of schemata) that are then evaluated against the successive sentences of the passage until finally a consistent interpretation is discovered. The scenario of the passage is an information network called from the long-term memory by a particular linguistic input which is a basic principle of enabling the knowledge of the reader to be used in such a way as to allow for direct interpretation of entities or events predicted by his knowledge. To the extent that any text conforms to the predictions it is readily interpreted,if not,it will be more difficult to understand. Reading is a far more creative activity than most think with information in the text better regarded as evidence or even building blocks from which readers construct their own meanings and often their entire experiences. There are four theories for the failure of a reader to understand correctly a written passage: 1-The reader may not have the appropriate schemata,i.e,cannot understand the concept being communicated. 2-The reader may have the appropriate schemata but the clues provided by the author may be insufficient to suggest them. 3-The reader may find a consistent interpretation of the text but may not find the one intended by the author. In such case,the reader will 'understand' the text but will misunderstand the author. 4-The reader may have the appropriate schemata and that the writer may have provided sufficient clues in the text but the reader has not learned how to decode clues in a text. The ways to decode such difficulties is by understanding the following: a-Rationale of the mode: In seeking to study the role of background knowledge or schema, Carrel and Eisterhold draw the useful distinction between two types of schemata:content schemata represent background knowledge about the content area or the topic of a text whereas formal schemata represent background expectations about the rhetorical structure of a text. Carrell(1983) found out that the role of either content or formal schemata or

Wednesday, September 25, 2019

Business decision making Essay Example | Topics and Well Written Essays - 500 words - 1

Business decision making - Essay Example The study will also put into consideration the sales value of the organization and factors affecting sales by use of graphs. In addition, measure of performance of the organization will be of much concern and various methods will be used. Some of those methods include; mean mode, median, standard deviation, Variance, correlation coefficient, rage and Net present value methods. 1.1) Primary data usually gives firsthand information about the target market hen coming up with a plan for the following should be considered; research method, contact methods, sampling plan and research techniques and instruments. These methods of collecting data differ from those of secondary methods. In primary research a clear plan of contacting people who will participate will be decided on. This may include the use of phone interviews online surveys and other mediums to find out customer preferences from prospect customers. The sampling plan will involve taking into consideration the size of the sample to be used. The research instruments will involve the use of questionnaires (Boswell, Boswell, and Cannon, 2014) The use of secondary data will involve using data that has been already documented these data may be useful because a comparison of similar organization in the industry may be used in forecasting sales (Kothari, 2005) Collecting primary data has advantages over secondary data because they are fresh, precise and are related to the issue of concern. Secondary data may be outdated thus may give wrong projections, may contain errors, may not be easily accessible and might be of low quality (Mooi, and Sarstedt, 2011). We are going to collect primary data as well as secondary data as indicated below. 1.2) The sampling frame refers to the target group which researchers can use to make selections. It contains a comprehensive and updated list of the members of the population involved in the research. There are various methods, which can be used for

Tuesday, September 24, 2019

Travel marketing Essay Example | Topics and Well Written Essays - 4000 words

Travel marketing - Essay Example This is exactly one of the objectives that informs this current report. From a face look there is no doubt that significant changes in the consumer behavioral patterns and stiffening threats posed by competitors are at the very core of this downward slide. Over the years the company’s principle of standing on the aisle of low-cost fares that includes the exemption of meal options onboard and other luxuries services have steadily lost their usefulness the failure to immediately recognize these indicators are the result of the decline that is currently taken place in the company. As a response, the company adopted a deliberately policy of segmenting the European market on a number of indices based on mainly income level and lifestyle. A cardinal objective of this report will be to highlight the operational environment of the company so as to gauge how effective and plausible its marketing strategies are. In a more narrow sense the goal is to identify where it stands with regards to the success of its advertisement campaigns within the framework of identifying its internal strengths that have the capacity to propel it into greater market heights in the phase of the stringent competition from other players in the industry. The advent of globalization with its attendant stiff necked competition has put players in the transportation industry; particularly those operating in the airline enterprises are now exposed to a new breed of challenges which require a strategic restructuring of policies that will enhance their ability to remain competitive. Among other things new campaigns are geared towards the enhancement of a standard level of customer loyalty. Robust marketing strategies have become an integral part of this new drive. Conscious of this, players in the industry have now brazed themselves up to respond to the new aggressive standards; this means that at the heart of all what needs to be done is to critically reassess

Monday, September 23, 2019

Anemia Research Paper Example | Topics and Well Written Essays - 750 words

Anemia - Research Paper Example This condition affects the amount of oxygen that is delivered to the body’s organs as hemoglobin is responsible for the aforementioned process and thus it is essential that individuals suffering from this disease attain medical care as soon as possible to avoid the onset of hypoxia. Anemia is one of the most common blood disorders found in individuals (WHO 2008). There are three main ways that an individual can end suffering from anemia as a result. They include excessive blood loss which can be caused by a hemorrhage (acute blood loss) or low volume loss (which occurs chronically). This will result in an individual not having enough red blood cells in their system and thus cause the onset of anemia. The second process through which the disease can manifest is via hemolysis (Kumar et. al 2007). This refers to the excessive destruction of the blood cells. This includes the red blood cells and therefore can cause anemia as a result (WHO 2008). The third process involves the lack of adequate production of red blood cells in the body also known as inadequate hematopoiesis. The body may not be able to produce enough red blood cells which could well lead to anemia as a result if this deficiency is not fixed (Aapro & Link, 2008). ... al 2007). As a result, the disease has gone undetected by many individuals who do not recognize the signs until their conditions worsen and the resulting symptoms get worse. Some of the symptoms that can be seen in an individual suffering from anemia include: Fatigue – This can be said to be one of the most common symptoms in individuals suffering from anemia and individuals may find themselves feeling weak on a regular basis despite the amount of rest they have had (WHO 2008). This feeling of malaise can be ignored by many as simple tiredness and can be referred to as one of the minor signs. Shortness of breath – An individual suffering from anemia may also find that they are always short of breath after brief moments of physical exertion that may not warrant such a reaction by the body (WHO 2008). This is as a result of the body not being able to carry sufficient amounts of oxygen to organs such as the lungs. Increased cardiac output – In the more severe cases of anemia the body may try to counteract the effects of reduced amounts of oxygen being transported through out the body through increasing its cardiac output. This means that the heart may work harder to deliver the required amounts of oxygen and as a result an individual may experience related symptoms as a result such as palpitations (WHO 2008). Medical Interventions There are a number of interventions that an individual can turn to in order to deal with this condition, some of these include: Iron supplementation – Those who may be suffering from anemia as a result of an iron deficiency can solve the condition through supplementing the iron lacking in

Sunday, September 22, 2019

As You Like It Essay (Advanced English) Essay Example for Free

As You Like It Essay (Advanced English) Essay A sense of belonging can be founded through an individual’s personal aspiration to inherently connect with other people. The interaction and interconnectedness of relationships can be viewed as the most significant factor influencing an individual’s sense of acceptance within their surrounding environment and ultimately will determine the level of affiliation they can acquire personally. The comedic play â€Å"As You Like It† composed by William Shakespeare (16th Century), examines the idea of belonging to people and its significant influence over an individual. Similarly, Ang Lee’s film â€Å"Sense and Sensibility† (1997), correspondingly explores the perception of belonging through the interaction and contact with people and the relationships that are innately developed. Through the use of characterisation within both texts, the notion is thoroughly explored to exert a deepened understanding of belonging to people and how it can significantly influence an individual in most cases favorably. However, there are some instances where an individual cannot find a personal sense of acceptance within the relationships they withhold and therefore do not achieve a sense of affiliation within their social surroundings. The idea that people and the relationships they develop are the most influential facet in deciphering ones’ sense of belonging, is thoroughly examined within Shakespeare’s â€Å"As You Like It†. This is evident through the characterisation of Rosalind and the loving familial relationship she has with her cousin Celia. As they both were â€Å"bred together† and grew up within the court , â€Å"from their cradles† to adulthood, both Celia and Rosalind have developed an inherent familial bond for one another becoming â€Å"inseparable†. Shakespeare’ emphasised on the loving and devout nature of their relationship to the audience by demonstrating Celia’s absolute adoration for Rosalind over her own Father. This can be observed when Rosalind was banished from her home, the court, by Duke Fredrick (Celia’s father). Celia’s sense of belonging to her father was weakened as he betrayed her familial trust and so asked him, à ¢â‚¬Å"Pronounce the sentence on me my liege, I cannot live without her company†. The formality of the blank verse illustrates her detachment from her father and demonstrates the breakdown in their filial relationship. However, Shakespeare has used this to illuminate Celia’s loyalty and familial belonging to Rosalind, thus conveying their â€Å"inseparable† nature and the strong sense of affiliation between one another. (337) Similarly, in â€Å"Sense and Sensibility† the widowed mother Mrs. Dashwood and her three daughters are exiled from their home due to social expectations. However, even with the removal of their place of belonging it is their strong familial bonds and connections that allow them to find a sense of individual affiliation. This is evident towards the beginning of the film when they are introduced to their new home a small cottage in the country side which has just been juxtaposed with the Mansion seen in the previously. As they walk up towards the cottage their is a long shot that portrays the family walking towards the cottage together in a huddled group. Ang lee, has used this positioning of the camera and the actors to display the idea that it is within family they find belonging not place. This again supports the notion that belonging is most significantly founded within the people and relationships an individual withholds. (537) Furthermore, Shakespeare’s portrayal of the loving romantic relationship between Orlando and Rosalind additionally acts as a representation of how influential the contact between people can affect an individual’s sense of belonging. With Rosalind and Orlando finding themselves in the Forest of Arden due to the external influences of powerful men exerting their hate, such as Duke Fredrick and Oliver, both characters find themselves in similar circumstances. However, it is Orlando’s love that demonstrates his sense of affiliation to Rosalind through metaphorical language by comparing her to precious objects. He passionately declares, â€Å"No jewel is like Rosalind; Her worth, being mounted on the wind† which clearly exemplifies to the audience of his complete love for her. The use of extensive amount of romantic poetry and adoring tone is used to demonstrate their love towards one another. And that they find their sense of belonging with one another no matt er where they are and what place they are set, again emphasising the significance of contact between people becoming a poignant source of belonging for an individual. As each individual is intrinsically different, where relationships and interacting with other’s may offer satisfaction to some, others find greater fulfillment in self. Shakespeare clearly demonstrates this choice of belonging to self rather through the contact of other people, through the characterisation of Jaques. Being described as â€Å"melancholy† Jaques chooses not to affiliate with the people around him, and finds satisfaction in being alone. Jaques believes that â€Å"the worst fault you have is to be in love†. His cynical tone and attitude towards love and relationships demonstrate his choice not to associate himself with others. In effect, Shakespeare uses prose to enhance one’s insight into people who chose not to conform to belonging. This is a singular instance where an individual does not find a sense of belonging through the contact between people and the relationships developed, however, represents a lonely and melancholy life. Contrary to this, majority of the character’s within â€Å"Sense and Sensibility† finds a sense of belonging through the people they associate with. In ‘Sense and Sensibility’, Marian falls in love to a young suitor named Willoughby. However, Willoughby chooses not to belong to Marian due to social expectations, which essentially, caused personal consequences for his sense of affiliation. These consequences become evident within the last scene, â€Å"The marriage†, when Marian has been happily married to Brendan and the whole town is celebrating. There is a close medium shot of the both of them happily departing from the church, when the camera suddenly cuts to Willoughby up on a hill. Out from the town he is looking down on the celebrations with a saddened expression. Through the use of camera techniques and expression it becomes evident to the audience that he feels a sense of exclusion and detachment from the people he once was closely affiliated with. This further emphasises the consequences that can come to an individual when they chose expectations and society over the people and relationships they withh old. Nevertheless, the consequences of being lonely is welcoming to him and therefore, does not negatively affect him like Willoughby. Moreover, the interconnectedness and affiliation with people is the most significant factor influencing an individual’s sense of belonging or not belonging. Throughout the text â€Å"As you like it† and the film â€Å"Sense and sensibility†, this idea is thoroughly explored through the character’s represented by the composer’s and the relationship’s they developed, either familial or romantic. However, although one can find significant belonging through another person, some can chose not to belong, such as Jaques or Willoughby and by choosing not to belong it can create consequences resulting in a sense of loneliness. However, there are singular instances, like Jaques, where choosing not to belong to people can create self fulfillment in one’s self and a sense of belonging.

Saturday, September 21, 2019

Analysis of UK Commercial Law

Analysis of UK Commercial Law Commercial Law Definition Commercial law in England and Wales is not susceptible to succinct categorisation as a unified body of law such as, for example, criminal law or the law of torts. Goode[1] has commented: â€Å"The absence of anything resembling a commercial code makes [the question, â€Å"Does Commercial Law exist?] harder to answer than might be imagined. If, by commercial law, we mean a relatively self contained, integrated body of principles and rules peculiar to commercial transactions, then we are constrained to say that this is not to be found in England†. Commercial legal practice will deal with a wide variety of subjects including the law relating to contracts, consumer credit, insurance, tax and partnerships. Commercial Law is thus an amalgam of common law, statute and even equity. Historical Development Despite these difficulties of categorisation the existence of a body of law controlling mercantile life has been recognised since medieval times when special courts existed for the purpose of dealing expeditiously with trade disputes. In the eighteenth century Lord Mansfield held sittings in the Guildhall in the City of London to hear commercial cases assisted by special panels of merchant jurymen to provide commercial expertise. When these sittings were discontinued the parties were forced back into the common law courts which proved unpopular due to procedural delays and the fact that the judges were often not conversant with the needs of the commercial community. Accordingly, in 1892, the Council of Judges recommended that there should be a special court to hear commercial cases and this led to the introduction in 1895 of a special commercial list in the Queen’s Bench Division. In 1970, a special Commercial Court was established but this remains part of that division. Court Structure and Jurisdiction The Commercial Court is subject to the Civil Procedure Rules. Part 49 and the associated Practice Direction provides that the court has jurisdiction in: â€Å"any case arising out of trade and commerce in general including any case relating to†: A business document or contract; The export or import of goods; The carriage of goods by land, sea, air or pipeline; The exploitation of oil and gas resources; Insurance and reinsurance; Banking and financial services; The operation of markets and exchanges; Business agency; and Arbitration. The remit of the court therefore also represents a succinct statement of the type of disputes which might be regarded as â€Å"commercial† notwithstanding the vagueness of this term. However, it should be noted that the county court has unlimited jurisdiction in claims in contract and tort and it is mandatory for claims worth less than  £15,000 to be commenced there. Thus a high volume of â€Å"commercial† law is administered by this court with the more valuable or complex being dealt with by the Queen‘s Bench Division of the High Court. The Chancery Division (the role of which in this regard can be summarised by its dealing with cases concerning companies and insolvency) will therefore also hear commercial matters. Finally, it should be noted that in addition to the Commercial Court, there is also a specially constituted Companies Court. The rationale behind the establishment of these fora is to allow the speedy resolution of commercial disputes by a body with expertise in and sympathy for the unique needs of those involved in commercial enterprise. Thus the scope and extent of commercial law is vast and full description is impossible within the scope of this submission. Nonetheless, it is proposed to examine certain key elements of the corpus of commercial law which characterise its principles and demonstrate its operation in practice. Sale of Goods This is a species of the law of contract which has long existed and been regulated by common law principles. Contracts have been defined[2] as â€Å"legally enforceable agreements which represent a vehicle for planned exchanges†. Contracts for the sale of goods are therefore subject to contract law principles but it should not be forgotten that they are increasingly controlled by specific statutory provisions. Thus all contracts for the supply of goods now contain terms which are implied by statute and prescribe that they must be of a stipulated quality. The Sale of Goods Act 1979 (as amended by the Sale and Supply of Goods Act 1994) imposes a number of requirements: s.12: that the seller should have the right to sell the goods, that the goods should be free from encumbrances and that the buyer should enjoy quiet possession of them; s.13: that where the goods are sold by description, they should corespond with that description; s.14(2): that the goods should be of satisfactory quality; s.14(3): that the goods should be fit for the buyer’s purpose; s.15: that where the goods are sold by sample, they should correspond with that sample. Of the above, the implied term as to satisfactory quality is one of the most frequently litigated. The word â€Å"satisfactory† replaced (by the 1994) the use of the historic term â€Å"merchantable† in relation to quality and continues a long pedigree of such a requirement in English law. Decisions in the 19th Century demonstrate a recognition by the law of the commercial expectations of a purchaser. In Gardiner v Gray[3], Lord Ellenborough observed somewhat bluntly: â€Å"The purchaser cannot be expected to buy goods to lay them on a dunghill†(!) While the concept of â€Å"merchantability† endured, it was not until 1973 that it was the subject of statutory definition. By then, the term had become somewhat outmoded with Lord Ormrod commenting in 1976[4]: â€Å"the word has fallen out of general use and largely lost its meaning, except to merchants and traders in some branches of commerce†. Nonetheless, it was not until 1994 that it was replaced by somewhat less arcane terminology. Another significant statutory intervention in the ability of parties to determine the contractual relationships between themselves relates to exemption clauses or unfair contract terms. The leading piece of legislation in this field is the Unfair Contract Terms Act 1977. Prior to its enactment, the courts interpreted attempts by parties to a contract to restrict or exclude their liability in the event of a breach of contract very strictly. The legislative code has now largely superseded this function. The common law lacked the ability simply to declare such a term unenforceable merely on the ground that it was unfair or unreasonable (see Photo Production Ltd v Securicor Transport Ltd[5]) hence the need for the sometimes strained interpretation of such clauses. In broad terms the 1977 Act applies a test of â€Å"reasonableness† to such clauses in commercial contracts. Not surprisingly, this concept and the interpretation of the term has been the subject of much litigation. The Unfair Terms in Consumer Contracts Regulations 1999 extend certain aspects of the 1977 legislation. They were implemented as a result of a European Directive and apply to terms (other than â€Å"core† terms in consumer contracts. They are therefore different in certain critical aspects from the 1979 Act and a comparison of the respective effects of the two reveals anomalies. It is submitted that the original legislation should now be reviewed and redrawn in order to provide a unified and consistent framework. Manufacturers and Product Liability While the above legislation applies only in contract law, it should not be overlooked that there are certain commercial situations in which the law of tort can play a part supplying an additional or alternative remedy. The statutory implied terms described above may entitle the buyer to reject defective goods and, in any event, claim damages for the breach of contract. Because this law is based upon the contract, a problem arises as a result of the doctrine of privity of contract which enables only the parties to a contract to sue upon it. Accordingly, the law of tort began to develop remedies for situations in which loss or damage was caused by a breach but the breach was not actionable in contract at the behest of the party thus injured. In the classic case of Donoghue v Stevenson[6], the principle was established that in certain circumstances a manufacturer owes a duty of care to the end-user of his product. Thus where the product is defective and causes injury, the consumer may r ecover against the manufactuer in negligence notwithstanding that there is no direct contractual or other relationship between them concerning the supply of the product. Again driven by Europe, the UK passed the 1987 Consumer Protection Act in order further to regulate product liability. A claim may be brought under the Act by any person injured by a â€Å"defective product†. â€Å"Product† includes goods and even electricity. A product is defective for the purposes of the Act if its safety, including not only the risk of personal injury but also the risk of damage to other property is â€Å"not such as persons generally are entitled to expect†. It is submitted that this legislation is not only appropriate but necessary in the complex modern consumer society in which products are increasingly sophisticated and the relationship between manufacturer and end-user far more difficult to discern than would have been the case in the nineteenth century. Consumer Credit A very significant development in commercial law in the recent age has been in respect of the protection of customers in credit transactions. In Consumer Credit Deregulation, A Review by the Director General of Fair Trading[7] it was recognised that there was required â€Å"a strong level of protection in a market which for many centuries perhaps even since ancient times has been regarded by law makers as particularly sensitive. Buyer-seller interactions in credit markets are characterised by imbalances of information and bargaining strength between lenders and borrowers.† Accordingly, in the 1970’s, following the report of the Crowther Committee[8] the Consumer Credit Act 1974 was enacted. The Act applies to â€Å"regulated agreements† which are defined as â€Å"consumer credit agreements or consumer hire agreements†. Despite the emphasis on the word consumer, certain types of business credit transactions are controlled. Section 8 of the Act defines a c onsumer credit agreement as â€Å"a personal credit agreement by which the creditor provides the debtor with credit not exceeding [an amount varied by Statutory Instrument from time to time]. Section 189(1) defines an individual as â€Å"including a partnership or other unincorporated body of persons not consisting entirely of bodies corporate†. Thus many commercial business transactions (provided that they do not involve companies) are caught by the Act. The OFT Report referred to above proposed that all business credit transactions be removed from the scope of the Act but this suggestion was rejected. Conversely (and perhaps a little perversely) the present upper limit on such transactions of  £25,000 means that many genuine non-business consumers increasingly fall outside the safety net of the Act. The operation of this type of provision in the commercial sector again serves to illustrate the difficulty of classifying commercial law as a single discrete body of regulati on. The inclusion of chapters on consumer credit in most so-called commercial law textbooks plus the existence of an entirely separate body of work purporting to deal with â€Å"consumer law† is illustrative of this dilemma. Insurance The scope of commercial law extends into many other fields of human activity. On such example is insurance. This remains essentially commercial in nature and, in many instances, can be said to stem from the basic commercial dealings of the parties. If commercial law is regarded as being based upon transactions, insurance has developed as a means of protecting those transactions and the subject-matter thereof. The modern law of insurance has developed directly from the activities of merchants principally those involved in seafaring from Italy in the fourteenth century. Merchants reached agreements between themselves to insure their ships and cargo against the risk of travel by sea. This practice was adopted in the coffee houses of London and gave birth to Lloyds the principal insurance underwriter in the world. The insurance industry has been subject to statutory regulation since the Life Insurance Companies Act 1870. The current regime is regulated by the Financial Services and Marke ts Act 2000. Interestingly, in addition to such controls, contracts of insurance where appropriate also fall under the Unfair Terms in Consumer Contracts Regulations 1999 discussed above. Banking Bradgate[9] places banking at the very heart of commercial law: â€Å"The banking system plays an essential part in commercial activity in a developed economy. The modern bank provides a wide range of services to both business and private customers. The provision of such services is itself an aspect of commerce†¦in addition, banks provide essential services which underpin all other commercial activity†¦Ã¢â‚¬  Banking activities in the UK have long been regulated by regulated by statute with important developments occurring in the Bills of Exchange Act 1882 and the Cheques Act 1957. International Trade Although this submission has focussed perforce upon UK domestic law, it would be erroneous to conclude without acknowledging the international element which represents so great a proportion of commercial activity and gives rise to a consequent need for regulation. In this regard a distinction should be drawn between two possible uses of the term â€Å"international trade law†. First, it is used to describe the law controlling the relationships between the parties involved in international trade transactions. Second, it may describe the body of rules which govern relationships between states and regulate the use between states of devices such as tariffs to control imports which are subject to such international treaties as the General Agreement on Tariffs and Trade. Works on commercial law habitually focus upon the English law applicable to international transactions. A great many contracts used in such international transactions contain a standard clause requiring the contract to be governed by English Law with the result that the Commercial Court in London is frequently called upon to adjudicate upon agreements that have been made between one or more parties located outside the jurisdiction. The UK is a party to the Hague Convention on Contracts for the International Sale of Goods which is given effect in English law by the Uniform Law on International Sales Act 1967. That Act is applicable to contracts where the contract itself stipulates that it should apply. In practice, few contracts take the opportunity to do so with the result that international sales contracts which are governed by English law fall to be determined according to the principles of the Sale of Goods Act 1979 thus returning us to the outset of this discussion. Conclusion Thus the scope and extent of the law which might be grouped under the heading of â€Å"commercial† is seen to be vast in reach and divers in type. Detailed description is therefore beyond the limit of a submission of this length. However, an examination of the broad cross section of topics discussed above reveals an enduring theme. In all aspects of commercial law the focus is upon transactions. Some commercial law such as the sale of goods legislation regulates such transactions directly. Other areas such as the law relating to banking and insurance concern the mechanisms that are necessarily ancillary to such transactions. Others again, such as product liability, stem from the consequences of transactions even where the party seeking to avail himself of the law was not a direct participant in such a transaction. Bibliography Bradgate, Commercial Law, (3rd Ed., 2000) Goode, Commercial Law (2nd Ed., 1995) Poole, Textbook on Contract Law (7th Ed., 2004) Treitel, The Law of Contract (11th Ed., 2003) www.hmso.gov.uk Lexis/Nexis Westlaw 1 Footnotes [1] Commercial Law (2nd Ed., 1995), p.1205 [2] Poole, J., Textbook on Contract Law, (7th Ed., 2004), p.1 [3] (1815) 4 Camp 144 [4] Cehave NV v Bremer Handelgesellschaft mbH [1976] QB 44 @ p.80 [5] [1980] AC 827 [6] [1937] AC 562 [7] OFT (1994), para.1.8 [8] Report of the Committee on Consumer Credit (1971) Cmd 4596 [9] Commercial Law, (3rd Ed., 2000)

Friday, September 20, 2019

Speed Cameras

Speed Cameras Speed Cameras Is it another con? Or is it another excuse? Or just another reason to exploit the most law abiding majority of drivers amongst us, where it was reported at the time, that we were already one of the safest countries, in the world, to drive in. This great governments novel idea to introduce a speed camera; ‘a roadside speed camera designed to catch speeding vehicles by taking video footage or a photograph Wordpower Dictionary; Was it another illustrious plan to gain public trust? What trust? Apply greater pressure on to our police to enforce this ridiculous money making scheme, and basically thats all it is, its a way of squeezing more money out of the innocent motorist, when they should be out there catching real criminals; like our corrupt politicians as a classic example. The Independent has indicated the countrys biggest force; The Metropolitan Police has refused to put up more speed cameras, despite government support to do so. It argues that the increase of cameras would fuel public bitterness towards the police, in what could be seen as a getting even more money out of the motorist. Speed cameras are to be seen as nice little earners. In Northamptonshire, the cash for cameras scheme where the local police allowed allowed to keep the money from speeding fines; brought about a major increase in convictions. In Essex alone, a single camera on the M11 raised just short of a million in a single week. Chief constables were undecided as to how the cameras should be displayed, a highly ranking officer of Norfolk police, wanted them to be bright and visible. That avoided the perception that they are cunningly hidden away to increase police profits. However, it also had a flaw, because serial offenders will simply brake as they approached the camera, and then speed up once past detection. Richard Alleyne of the Guardian reported in the last year alone, the number of speeding tickets has exceeded 1.5m for the first time, twice the number issued back in 1997 when New Labour first came to power. They accumulated  £88m from motorists in one year alone and have since raked in  £1 billion over the past decade. Average speed cameras have proved effective at persuading people to keep within the limits though. Nearly 100 cameras were installed at road works mostly on motorways and accident black spots, and according to data collected from five active camera sites, 99.4 per cent of drivers obey the speed limits. The numbers of motorists killed and seriously injured after the cameras had been installed has fallen considerably. There are new cameras now and how they work are; they link wirelessly to each other, are capable of tracking vehicles for up to 15 miles whichever route they decide take over a vast area. The cameras, which are named ‘Specs3 are to be fitted at entry and exit points in built-up areas and on our busy roads. They are capable of reading number plates which record the time as each car passes. Critics point out that even these new cameras will not deter motorists from indulging in short bursts of speed, because they will still average less than 20mph either when they stop at junctions, traffic lights or stuck in traffic. On main roads, the average speed cameras issue fewer tickets than conventional Gatso cameras, which measure speed over only a few yards, according to the manufacturers. Richard Alleyne also states that a representative for the Home Office confirmed that these new first average speed cameras are to be placed in 20mph zones and that they have also passed laboratory tests for effectiveness, but they have yet to be officially given the green light, which could be as early as 2010. The new time over distance devices are also seen as a way of dealing with the problem of motorists braking when they see a camera then accelerating once past it. They have already been used on our motorways where despite catching far fewer speeders than traditional speed cameras, they have dramatically reduced casualties. These new cameras would be far more expensive, compared to the ‘Gatso which are getting pushed out at  £50k a device, in an area of London is one of the most profitable cameras which is located at the bottom of M11 motorway near Woodford, Essex which is alleged in raking in over  £840k a week, creating extra revenue for the government, the one good thing that it has in its favour is that it has created more jobs as the demand for cameras have increase year-on year since the turn of the millennium. Speed Cameras are a really splendid idea when are strategically placed in build up areas; around our schools and are placed within our hospitals areas, they are an ubiquitous sight on our motorways and our ‘B roads, where the majority of cameras are not needed, they are situated there because they are ‘areas that encourage us to speed if you dont keep up with the traffic; it is also deemed a criminal offense. How easy is it to creep over the speed limit accidentally? Research from the Think Campaign indicates that a cut in speed to 20mph has a dramatic impact in making areas friendlier to cyclists and pedestrians. One in 40 pedestrians struck by a car at 20mph dies, compared with one in five at 30mph. Traffic managers throughout the country see them as a way of restoring calm to Britains neighbourhoods without resorting to intrusive calming devices such as those ridiculous road humps and chicanes; which cause unnecessary damage to vehicles no matter what speed you go over them, even the slightest bump knocks out the tracking and the wheel balance; which can cost a small fortune on realignment and tyres. A huge decline in the number of road deaths was achieved between the years of 1983 and 1993, and they have been largely associated when they introduced front seatbelt wearing law mandatory back in 1983, along with making better-designed cars and having major reductions in drink driving fatalities. Factors likely to be responsible for the slowing rate of reduction between 1993 and 2003 include continued increases in traffic (up from 583 billion passenger kilometres 1993 to 634 billion passenger kilometres in 2002(2); sharp increases in motorcycle casualties (up from 427 in 1993(3) to 609 in 2002(4); a levelling-off of drink drive fatality numbers (up from 520 in 1993 to 560 in 2002(5); a decline in seatbelt-wearing and the increased use of mobile phones while driving. Another point in the decrease of deaths and accidents not attributed by speed was the introduction of the hazard and perception test back in 2003 (6) (Think) along with the theory questions prior to gaining your licence, making people more aware out on the roads. 1. (2001). Readers Digest Word Power Dictionary. London: Readers Digest. 942. 2. DfT. 2003b. Transport statistics for Great Britain 2002. DfT: London. 3. DoT. 1994. Road Accidents Great Britain 1993. HMSO: London. 4. National Statistics /DfT. 2003. Road Casualties Great Britain 2002: Annual Report. TSO: London. 5. Ibid. 6. dft.gov.uk/think Another interesting factor that contributed to these figures was the inexperience of drivers in the 17-25 year old bracket; showing no respect to our authorities and the people around them; thinking that the world owes them something; driving like lunatics to impress their friends and the opposite sex that are travelling with them in the car, break neck speeds which would even have the grim reaper laughing on their shoulders, crashing and causing deaths, resulting in mayhem on our roads and creating distress for the families of the victims. I know this because I used to be one of them, fortunately for me I grew out of this wild, childlike behaviour before I got caught, even worse killed. Many outsiders that are flooding this nation; bringing their bad driving habits with them, unleashing their inexperience on to our roads. A sound solution to this would be to increase the age limit to apply for your provisional to 21, (which I believe is under review); where we can only hope that they are all that little bit more mature and realise how dangerous a vehicle can be. To do this would mean that the government would miss the extra revenue that is collected in taxes from the extortionate prices the insurance companies charge these youngsters. Conclusion Speed cameras, are similar to speed limits, they play a useful role. The United Kingdom has fewer deaths on the road than most other countries in the world its because of tightly monitored limits. Especially at accident black spots, speed cameras can significantly reduce the number of road deaths. An argument can be raised for increasing the 70mph speed limit (and then strictly police the higher limit). In built-up areas, however, limits could be lower than they are now. Finally, we must remember that the importance of speed limits and cameras alike are to save peoples lives, and are not to be abused as a government made up tax. Speed limits exist to encourage people to drive sensibly; speed cameras exist in order to remind drivers that they cannot break those limit. Success, however, is not when the police funds are significantly increased because so many people drive dangerously over the speed limit, but a speed-camera job is if more drivers can (at last) persuade to drive at safer speeds. Bibliography DoT. 1994. Road Accidents Great Britain 1993. HMSO: London. (2001). Readers Digest Word Power Dictionary. London: Readers Digest. 942. (2001). Speed cameras are for saving lives, not raising cash. Available: http://www.independent.co.uk/opinion/leading-articles/speed-cameras-are-for-saving-lives- not-raising-cash-664735.html. Last accessed 14 December 2009. DfT. 2003b. Transport statistics for Great Britain 2002. DfT: London. (2003). The slower speeds Inititive. Available: http://www.slower-speeds.org.uk/files/10myths031220.pdf. Last accessed 14 December 2009. National Statistics /DfT. 2003. Road Casualties Great Britain 2002: Annual Report. TSO: London. Ibid. Richard Alleyne. (2009). Average speed cameras installed in neighbourhoods for the first time. Available: http://www.telegraph.co.uk/science/6743003/Average-speed-cameras-installed-in-neighbourhoods-for-the-first-time.html. Last accessed 10 December 2009. (2009). Speed Urban. Available: http://www.dft.gov.uk/think/focusareas/driving/speedurban?page=FAQwhoareyou_id=. Last accessed 14 December 2009 Paul Maloy Argumentative Essay 1st draft

Thursday, September 19, 2019

Drilling for Oil, the Environment, and Ethics Essay -- Pollution Prese

For more than a decade, debate over drilling for oil on the Coastal Plain of the Arctic National Wildlife Refuge [ANWR] has continued unabated. The proposal to drill for oil in Arctic National Wildlife Refuge is heavily urged by the oil companies and supported by most Alaskan government officials, has drawn full scale opposition from powerful private environmental organizations representing millions of members throughout the United States. Congress established the Arctic National Wildlife Refuge in 1980, over the strenuous objections of oil companies like Exxon and British Petroleum. As a compromise with the oil companies, lawmakers designated the refuge's coastal plain as a â€Å"study area,† leaving it in limbo until future lawmakers ruled whether to protect it or not. For the last 20 years, Arctic advocates, including the Gwich’in and religious and conservation groups, have urged Congress to protect the integrity of the refuge by designating the coastal plain as â€Å"wilderness.[i]† With several bills languishing, Arctic advocates are now appealing to the President — who can preserve the area by designating the coastal plain a National Monument. BP Amoco, Exxon-Mobil, Philips Petroleum and Chevron — some of the largest corporations on the planet — are aggressively lobbying Congress to open the refuge to drilling. With high-priced lobbying and public relations firms working for them, these oil companies are impossible to ignore. In 1997 alone, the oil and gas industry spent $51.7 million on lobbyists and purchasing meals, travel and other favors for decision-makers and their staff, according to a study by the Associated Press. Oil companies that want to drill in the Arctic National Wildlife Refuge have also worked to wi... ...e rights of future generations to its resources. Upon weighing both sides of the issue, and considering the severity of ethical implications we can easily see that environment is a priceless asset to our future generations and us. Natural systems possess a value in them that makes them worth preserving, even at the cost of our needs. [i] Stepping up efforts to stop oil drilling http://www.house.gov/capps/isoil.html [ii] CNN.com - Nature - Offshore oil drilling could flood coastal http://www.cnn.com/2000/NATURE/09/01/cara.bill/ [iii] ALASKA OIL DRILLING http://www.american.edu/projects/mandala/TED/alaska.htm [iv] Stepping up efforts to stop oil drilling http://www.house.gov/capps/isoil.html [v] Greenpeace Arctic Action http://www.greenpeaceusa.org/arctic/ [vi] Greenpeace Arctic Action http://www.greenpeaceusa.org/arctic/

Wednesday, September 18, 2019

North and South by Elizabeth Gaskell Essay -- nineteenth century Engla

The nineteenth century was a time of economic, technologic, and population growth. These changes created problems in everyone’s daily lives. Two examples of things that affected the lives of many were disease and sanitation. Disease and sanitation led to high mortality rates in Nineteenth- Century England. This relates to North and South by Elizabeth Gaskell as it takes place during nineteenth century England and multiple characters died presumably due to disease. In North and South by the Victorian Novelist, Elizabeth Gaskel, the towns in the book were given different names than they were in England during the nineteenth century. The population growth, diseases, and sanitation was similar throughout all of England, however most research focuses on London, England due to London being one of the largest cities in England. The nineteenth century was definitely a time of population growth and England was no exception to population growth. According to Professor of Economics, Nicola Tynan, in 1801, the metropolis in London had a population of 959,000. By 1851, the population had grown to 2.3 million residents and then in 1900, the population was up to 4.5 million (Tynan, 76). People in the area just wanted to move into the cities for the news jobs that were available in industry and to change their lives. These statistics are for the London metropolis, but the same population growth was occurring in many of the cities in northern England. In North and South, Elizabeth Gaskell examines the Hale family as they moved from Helstone to Milton. The family moved because Mr. Hale felt like he could no longer faithfully fulfill his position in the village, so the family went to the city for a change and to start over. (Gaskell... ...South†. Penguin Books. England. 2003. Print. Jenson, Jane. â€Å"Getting to Sewers and Sanitation: Doing Public Health within Nineteenth Century Britain’s Citizenship Regimes.† Politics and Society. Volume 36. No. 4 532-556. December 2008. Web. Pooley, Marilyn E., and Pooley, ColinG. . â€Å"Urban Disease and Mortality in Nineteenth Century England.† 1984. Great Britain. Print. Pages 158-159. Thorsheim, Peter. â€Å"The Corpse in the Garden: Burial, Health, and the Environment in Nineteenth-Century London.† Environmental History 16.1 (2011):38-68. Proquest. Web. 30 Oct. 2013. Tynan, Nicole. â€Å"Nineteenth Century London Water supply: Processes of innovation and improvement. â€Å"Review of Austrian Economics. Volume 26. Issue 1. 2013. Pages 73-91. Web. Woods, Robert. Woodward, John. â€Å"Urban Disease and Mortality in Nineteenth Century England.† 1984. Great Britain. Print.

Tuesday, September 17, 2019

Consideration of Using a Linux Operating System

Organization will face an Infrastructure upgrade which will encompass an operating system as well a workstations upgrade. Because this occurrence requires a comprehensive survey of all options of new Operating Systems as well as workstations, it is necessary to consider whether a Linux Based system is appropriate for our organizational needs at this point. Introduction The purpose of this paper is to investigate the pros and cons of using Linux in both a server and workstation environment. During this investigation several Linux distributions will be scrutinized.This examination will disclose what is really accessory to convert to a true Linux environment and will also verify the feasibility of such action. All appropriate subject matter will be enclosed, Inclusive of, product reliability, total cost of ownership, training requirements, available support, as well as existing infrastructure. Each Linux distribution will be weighted based on their pros and cons to come to a final deter mination of which Linux distribution would best fit the needs of our organization. When all criterion have been measured there will be a final recommendation made for the final consideration of management.Table of Contents l. The consideration of using a Linux based system In our business A. The pros and cons to using Linux In the commercial environment B. How does Linux compare to other popular alternatives C. Other issues to consider before switching II. Bunt The pros and cons of using this system A. 1. Subunit 14. 04 LETS 2. Cost 3. Training 4. Ovenware B. Comparison of this distribution with others C. Final assessment for management Ill. Cents A. The pros and cons of using this system . Cents Linux Training ‘V. Use 1. USE Linux Enterprise Server 11 V. Final comprehensive assessment for management based on research

Monday, September 16, 2019

BMW case study

Case went UP on BMW BMW is in the midst of implementing changes to increase its sales and improve its Image in the US market. In this phase BMW should target achieving 100,000 units by the year 1 996 in order to hold a competitive place in the US luxury car market. The mall problem BMW is facing in the US market Is poor customer satisfaction Index which Is negatively affecting the brand Image. BMW should concentrate on Improving customer satisfaction by way of investing Into opening Its own exclusive showroomsIn key locations in the US which will serve as an example for other dealers to emulate. By Investing In customer experience of buying and owning a BMW car from Its dealers the company can achieve Its target goal and entrench Itself strongly Into the US luxury car market. The goal BMW should strive to achieve Is to sell 100,000 units by end of the year 1996 which translates to about 10% year on year sales growth from the year 1992. This goal also means BMW gets about 8% market sh are of the luxury automobile sector In the year 1996 considering 3% annual growth rate n the luxury segment.This goal is realistically achievable given that the efforts of the Second Great Opportunity have already started yielding results with a 23% unit sales increase for the year 1992. This is also very important to have this goal in order to keep up the momentum gained by the recent revamped advertising campaigns and strategies implemented. There can be an argument to make the goal as to increase market share to 10% but to achieve this figure the number of unit sales needed is higher than the capacity of BMW to produce vehicles and makes it come close to a ass producer which is clearly not in the Bum's global strategy.The primary impediment to achieving this goal is the abysmal customer satisfaction score of BMW as given by the JDK Power Consumer Satisfaction Survey which is way behind all of the competitors. This is an indication that though the product itself is brilliant the e xperience of buying and owning the car leaves a lot to be desired which directly means lesser sales. It sets a trend of negative feedback on the brand image and impacts sales growth. The other impediment of the introduction the new LincolnContinental Mark VIII model leading to stiffer completion on the sentiments of â€Å"Buy American†, is less of a threat due to the fact that BMW has already started the plan to build a new manufacturing facility in Suppurating , South Carolina, which will be operational by 1995. Buyers of BMW cars as per company records, are from the younger age bracket and are very demanding customers, which directly means that they are harder to satisfy. The primary place of Interaction for a customer Is the dealerships and franchises.They are the face of the company as far as the customer Is concerned and all their experiences of buying and owning a BMW car stems from the dealer they went to. The solution to Improving the customer satisfaction Is best ach ieved by enhancing the dealer experience. The detailed plans laid out by the â€Å"Integrated BMW Network Development Concept† should be Implemented at the earliest and should be the primary area of Investment for BMW. The effort of putting together the ‘Retail Operations Concept' with the detailed ‘Dealer OperatingSystem' (DOS) has already been done but hasn't been fully implemented yet. BMW across US which can serve as the showpiece of how a showroom and dealer should function as laid out by the DOS. This will go a long way into establishing best practices among the dealers and introduce uniformity in customer experience as the other dealers follow the example set by BMW. Also they should audit the existing dealer network and terminate the underperforming dealerships. All this goes a long way towards increasing customer satisfaction which in turn will lead to direct sales increase.

Sunday, September 15, 2019

Gender Roles in Jeopardy

Erica Ahern Eng 102-09 Essay 3 November 4, 2009 Gender Roles in Jeopardy Traditional gender roles are being threatened in today’s economy, the out-dated stereotype that men are better workers than women is now absurd. Although, the stereotype that women can take care of the household better than men has not changed. For as long as human behavior has been documented there have been strict ideals of the different gender roles in parenting.These hunter and gatherer sub sequential gender responsibilities have fundamentally defined what the correct social position for men and women are, yet recently in some households those traditional gender roles have become reversed. The Movie â€Å"Daddy Day Care† is about the plight of a man named Charlie, played by Eddie Murphy, who is laid off at his job when the health division in his company is shut down. Charlie had worked in product development at a large food company, and was the main provider for his family.Charlie’s unfo rtunate employment situation left his wife with the responsibility as breadwinner of the household. Due to the new financial strain put on his family and no job possibilities on the horizon he and his friend Phil, played by Jeff Garlin, are forced to take their sons out of an exclusive program called The Chapman Academy and become stay at home fathers. Desperate for money, Charlie opens up a day care center, which offers reasonable pricing and flexible hours. Unfortunately for Charlie his business doesn’t exactly take off with the popularity he had expected it too.Charlie thought that with his tremendous competitive rates that he would have an overwhelming starting success. Unfortunately for Charlie and his friend Phil their potential customers were very patronizing about two men taking care of their children, due to this typically being a woman’s occupation. The idea that women are better than men at maintaining a household and carrying out domestic responsibilities i s rebutted by Laura Vanderkam in her article â€Å"What Moms Can Learn From Dads; Stay-at-home Men Find More Time for Leisure, Less Time for Chores and Present a Healthier Picture of Domestic Life. Vanderkam’s article makes a point to explain that as more men are taking on the primary parenting role, that research has shown that they are undertaking the household responsibilities better than the more traditional families today. (Vanderkam 1). She conveys that with men, domestic work and child care are considered two separate jobs. That men believe that the task of caring for children is reasonably different from doing the housework. (Vanderkam 2). Men are seeming to have a better strategy for dividing the responsibilities with their spouses, and giving themselves more time for leisure.Peg Tyre and Daniel McGinn explain in â€Å"She Works He Doesn’t† that the unemployment rate has recently hit six percent. They explain that several million families are experienc ing dads coming home from work with a severance package, especially white-collar men due to corporate downsizing. Tyre and McGinn also state that women are currently earning more college degrees and M. B. A. s than men, which is making them better equipped to pick up the financial slack. (Tyre 51). Although, gender often shapes the work opportunities and experiences that men and women often have in industrial societies.They also mention, though, that the shift of the wife becoming the breadwinner can be very difficult when families are forced into it. (Tyre 56). It is pointed out in Hilary Potkewitz’s article â€Å"Daddy and Me! ; Newly Jobless Fathers Discover Ups and Downs of Stay-at home Life,† that due to the recession most layoff’s in the New York industry have been male dominated. This predicament leaves more and more men having to undertake the responsibility as primary caregiver to their children. This role can often be intimidating for men due to the fa ct that most child activity networks are more geared towards women guardians. In a world of Mommy and Me groups, breast feeding workshops and ballet classes where the aesthetic is overwhelmingly pink, there are few programs that reach out to fathers. † She explains that fathers new to the role of caregiver are easy to spot due to their lack of experience with pushing strollers, that they often bump them into inanimate objects. (Potkewitz 1). Stay at home dad’s also often feel rejected by nannies and mothers in child care classes, that women make them feel inadequate as primary caregivers. (Potkewitz 2).If a husband loses his job and is having trouble finding work, the wife can be justified in threatening to leave him. However, consider the arbitrary reaction if a husband threatened to leave a wife who was in the exact same predicament. He would probably be crucified. If a man loses his job, the woman is justified in resenting the fact that the financial burden is then t hrust on her. Nevertheless, a man is not permitted to resent this very same dilemma. If a man is laid off and cares for the household and kids, while the wife is working, he can be accused of not pulling his weight.Yet this is exactly the same situation that women demand more recognition for. It's perfectly acceptable for a woman to demand a man make a certain salary, to be deemed â€Å"marriage material†, and provide stability. Likewise, if a man demands the wife do the cooking and cleaning, he can now be labeled a sexist hater of women. If he asks her to carry her weight financially, just like he does, he can be criticized as an inadequate provider. In conclusion, with the recent recession in the economy more men are being laid off of their jobs.With women now becoming more educated and being able to achieve jobs of higher pay and better achieved status than in the past they are now able to assume the role of breadwinner. Women’s and men’s participation in pai d work and the nature of that work often determine their social value, and overall status in society. This reversal of habitual gender roles is slowly becoming more popular, and hopefully more acceptable in today’s society. The ideals of the different gender roles when it comes to parenting are now in jeopardy as women are now earning higher salaries than that of the past.Men are also proving themselves adequate as the caregivers of their children, and reshaping the generic belief that only women can be domesticated. Work Cited Tyre, Peg. McGinn, Daniel â€Å"She Works, He Doesn’t. † The Changing World of Work. Ed. Marjorie Ford. New York: Pearson 2006. 50-58. Potkewitz, Hilary. â€Å"Daddy and Me! ; Newly jobless fathers discover ups and downs of stay-at-home life. † Crain’s New York Business. (March 16, 2009) Vanderkam, Laura. â€Å"What Mom’s Can Learn From Dads; Stay-at home men find more time for leisure, less time for chores and prese nt a healthier picture of domestic life. † USA Today. (June 24, 2008) Ahern

Saturday, September 14, 2019

Jextra Case

Jextra Neighborhood Stores Case Analysis This report analyzes the ethical dilemma faced by Jextra’s country manager, Tom Chong, who was responsible for Neighbourhood Markets in Malaysia. Jextra Stores was a Hong Kong based company that operated retail stores in China, Hong Kong, Philippines, Malaysia, Thailand, Singapore, and Vietnam. In 2005, the company successfully entered Malaysia, operating supermarkets under the name of Neighborhood Markets (Inkpen, 2010). Jextra identified a promising site in Klang, near the capital of Kuala Lumpur, to open a new supermarket (Inkpen, 2010).Mr. Chong needs to evaluate a proposal made by the Mayor of Kang, which might be considered bribery. In this case, Mr. Chong faces social and ethical challenges that may affect the company’s operations, performance, and competitiveness in the region as well as Mr. Chong’s career. The major social issues include those related to law, culture, and ethics. The report also analyzes anti-brib ery corruption enacted by the U. K Bribery Act and the U. S. Foreign Corrupt Practices Act (FCPA).The report concludes with recommendations to Jextra such as seeking proper legal advice, implementing an effective business code of conduct, providing inter-cultural and ethics training to managers, using a geocentrism approach and conducting an internal investigation for the Malaysian category manager. Analysis Social, Ethical, or Legal Challenges International firms operating abroad often face social challenges because they operate in markets with different legal and political systems (Daniels, Radebaugh, & Sullivan, 2010, p. 111).Each country has a legal system that provides â€Å"the rules that regulate behavior, the processes by which laws are enforced, and the procedures used to resolve grievances† (Daniels, Radebaugh, & Sullivan, 2010, p. 111). In the case of Malaysia, the country relies on a dual legal system based on common law and theocratic law. English Common law is b ased on tradition and judicial precedents (stare decisis). This type of legal system is used in, among others, U. S. , U. K. , India, Canada, Hong Kong, Australia, and New Zealand (Daniels, Radebaugh, & Sullivan, 2010).Malaysia also relies on Muslim law (or Sharia), which is based on religious precepts and beliefs. Muslim law prevails in Turkey, Kuwait, Indonesia, Saudi Arabia, Iran, etc. (Daniels, Radebaugh, & Sullivan, 2010). In developing countries, such as Malaysia, foreign companies and managers, such as Mr. Chong, may encounter legal risks due to the legal framework and the effectiveness of the legal system (Ling & Hoang, 2010). In recent years, Malaysia has opened its market towards liberalization of trade and services and globalization (Tahir & Ismail, 2007).Like other emerging markets, such as Mexico, China, India, and Brazil, Malaysia represents an attractive market. However, MNEs are bound to face legal challenges in emerging markets because they have an inadequate commer cial infrastructure, weak legal system, and high-risk environment (Pearson, 2011a; Pearson, 2011b). For instance, Malaysian civil and commercial laws regarding business payments for social purposes are not clear. It is a common practice in Klang and Kuala Lumpur to make social contributions for community projects, such as schools and roads (Inkpen, 2010). Additional legal issues that Mr.Chong may face in Malaysia are the â€Å"insufficient legal infrastructure for enforcing legal judgment† and â€Å"uncertainty and unfairness of court justice† (Ling & Hoang, 2010, p. 157). In Malaysia, the regulations regarding foreign investment lack transparency (Inkpen, 2010) and there had been many cases of bribery involving public officials. Malaysia has a high tendency toward corruption, which refers to â€Å"the misuse of entrusted power for private gain† (Daniels, Radebaugh, & Sullivan, 2010, p. 191). According to the TI Corruption Perception Index (2010), Malaysia was r anked 4. on of a scale of 0 (more likely to pay bribe) to 10 (less like to pay bribe) (Daniels, Radebaugh, & Sullivan, 2010). Russia, People’s Republic of China and Italy precede Malaysia in terms of frequency and size of bribes (Daniels, Radebaugh, & Sullivan, 2010). Mr. Chong knows about recent cases of corporate bribery in Malaysia and in the retail industry. There had been scandals regarding foreign investors who bribed public officials or financed government programs to obtain business privileges or competitive advantage (Inkpen, 2010).Moreover, there was a recent case of bribery involving a Jextra’s country manager in the Philippines. More likely, this manager also encountered similar ethical dilemmas like Mr. Chong. Some individual factors that may have driven him to act unethically in the Philippines could have been pressure from the company to expand and gain competitive advantage in the region. Alternatively, he might have simply wanted to advance his career as a country manager, lacked of ethics or did not know the local laws regarding bribery.Additionally, he might not have received or requested support from the top management regarding the social and ethical issues raised in the Philippines. Mr. Chong, as an experienced manager, should have anticipated that he would encounter legal and ethical risks in Malaysia. Mr. Chong face major challenges due to the weak legal framework and wide spread corruption in Malaysia. Additionally, Mr. Chong is not familiar with Malaysian domestic law and International law. For instance, Mr. Chong does not know whether accepting the Mayor’s offer would breach Malaysian law.It is against the International law to offer money, directly or indirectly, to officials of foreign governments (in this case the Mayor of Klang), to obtain a business advantage (help Jextra with the landing zone) (Inkpen, 2010). According to Daniels, Radebaugh, and Sullivan (2010), it is crucial for foreign firms and managers t hat operate overseas to be familiar with domestic law and international law. Moreover, Mr. Chong does not know the legal policies of his home country, and therefore, if contributing to obtain a business benefit would be considered illegal in Hong Kong, if it were not through the right channel (Jextra Social Fund).Jextra Social Fund provides financing for educational and social projects (Inkpen, 2010). However, Mr. Chong is not sure whether he should go through this channel to make the contribution in order to expedite the zoning process. Additionally, Jextra’s Business Code does not help Mr. Chong to make a decision regarding this matter. Mr. Chong is not sure whether financing the primary school in Klang would be against Jextra’s Business Conduct Code. Jextra’s Business Conduct Code states â€Å"employees could not offer benefits to third parties in connection with business matters† (Inkpen, 2010, p. 3). However, Mr.Chong does not know if the contributio n would really benefit the community or individuals, such as the Mayor of Klang or his sister; the sister of the Mayor is a member of the school board. Mr. Chong also faces challenges with regard to the differences of culture between Malaysia and his home country, China. Research shows that individuals from different cultures may face challenges in understanding the behavior and values of others in the host country. Thus, this can cause a cultural clash (Tahir & Ismael, 2010). However, China and Malaysia are culturally close, so it can be expected that Mr.Chong adjust more easily than if he were to do business in countries with more cultural distance, such as France, U. S. or Germany (Daniels, Radebaugh, & Sullivan, 2010). Both, Malaysia and China present many similarities regarding its culture. Based on Hofstede’s cultural dimensions theory, both countries have a high degree of power distance (PDI), collectivism, masculinity (MAS), and high uncertainty avoidance (UAI). (Dani els, Radebaugh, & Sullivan, 2010). Additionally, Mr. Chong may have a different level of ethical sensitivity than its counterparts in Malaysia (Chan & Cheung, 2012).People from different cultures have different ethics, which are influenced by their beliefs and cultural values (Chan & Cheung, 2012). Other challenges that may rise are problems regarding communications. As noted by Daniels, Radebaugh, and Sullivan (2010), â€Å"cross-border communications do not always translate as intended† (p. 67) and can lead to misunderstandings. For instance, Mr Chong is not sure about what the Mayor meant when he asked to pay for the primary school; whether he asked to pay the entire cost of the school or just a part (Inkpen, 2010). Resolving the Mayor’s RequestsAccepting the Mayor’s offer and financing the project without using the right company’s channel (Jextra Social Fund) would be illegal. It also might go against Jextra’s corporate culture and Business Con duct Code. Bribery is wrong and unethical, and as noted by Daniels, Radebaugh, and Sullivan (2010), â€Å"it affects both company and country economies† (p. 192). Research shows that high levels of corruption have a strong correlation with low levels of per capita income and low national growth rates (Daniels, Radebaugh, and Sullivan, 2010). Having another bribery scandal would erode Jextra’s reputation and image.It would compromise the legitimacy of the company worldwide and its operations (Daniels, Radebaugh, and Sullivan, 2010). It is challenging for foreign managers to avoid bribe payments when these are regarded as a usual business practice in the host country (Daniels, Radebaugh, and Sullivan, 2010). Even though, it would be easier for Mr. Chong to just pay the bribe to the Mayor of Klang and â€Å"fall back on the standard of cultural relativism† (Daniels, Radebaugh, and Sullivan, 2010, p. 195). As a manager, Mr. Chong should act responsibly and ethically , nd in compliance with local law, corporate culture and International law. The best approach for Mr. Chong would be to report to the Regional Operating Officer responsible for Malaysia, Singapore and Thailand and to the CEO, and CFO of the Supermarket and Hypermarket Divisions of the company in Hong Kong (Inkpen, 2010). Definitely, Mr. Chong should consult this issue with top management. Jextra and Mr. Chong should also receive legal advice from a reputable law firm in Malaysia regarding the legality of the Mayor’s offer, and if accepting the offer would constitute an offense under the U.S. Foreign Corrupt Practices Act (FCPA) and the U. K. Bribery Act. If it does constitute bribery, then the best option for Mr. Chong would be to reject the mayor’s offer and proceed through formal channels to get the zoning approval (Inkpen, 2010). U. S. FCPA and the U. K. Bribery Act Even though Jextra is based in Hong Kong, the company is not exempt from the extraterritorial reach o f the U. K Bribery Act and the U. S. Foreign Corrupt Practices Act (FCPA) (Arnold & Porter Advisory, 2012). The FCPA refers to legislation enacted in 1977 that outlaws bribery (Arnold & Porter Advisory, 2012).It makes illegal bribery payments by U. S. companies to political parties and foreign officials. This legislation applies to operations in the U. S. and international operations as well, and to company’s employees and their agents abroad (Daniels, Radebaugh, & Sullivan, 2010). Not only U. S citizens, U. S companies or â€Å"issuers of securities on US exchanges† (Arnold & Porter Advisory, 2012, p. 3) are potentially liable under the FCPA, but also individuals of any nationality that make bribery payments to any foreign government official while staying in the U.S. (Arnold & Porter Advisory, 2012, p. 3). There is lack of consistency in the provisions of FCPA. For instance, it is not legal to pay to public officials to facilitate business transactions (referred to a s â€Å"facilitating payments or grease money†) (Daniels, Radebaugh, & Sullivan, 2010, p. 194). However, payments must be made to officials who are directly responsible for the transactions. In 1988, the FCPA enacted a new amendment that excludes grease money from bribery (Daniels, Radebaugh, & Sullivan, 2010, p. 194).In that case, under the FCPA, if Jextra finances the primary school through the Social Fund and make the payments directly to the Mayor’s sister in order to expedite the landing zone, it may not be unlawful. The payments should be made to someone who is directly involved with the primary school, such as the Mayor’s sister or other member of the school board and cannot be made to the Mayor directly. The U. K. Bribery Act became effective on July 1, 2011 and as the FCPA, it has a vast jurisdictional reach (Arnold & Porter Advisory, 2012, p. 3).The Bribery Act provides legislation regarding acts of bribery, and makes it an offense for companies that d o not prevent bribery (Arnold & Porter Advisory, 2012). The jurisdictional reach of the Bribery Act is wider when companies or individuals with a close relationship to the U. K. Additionally, under the Bribery Act, foreign individuals who commit bribery overseas while residing in the U. K could also be prosecuted, commit offenses (Arnold & Porter Advisory, 2012). Foreign companies, such as Jextra, can be also subject to FCPA scrutiny; even though its business activity has little relation with the U.S. and the company mainly operates in Asia. Non-U. S. companies could be found liable for conduct outside the U. S. that constitutes an offense under U. S. Criminal law (Arnold & Porter Advisory, 2012). FCPA incorporates extraterritorial provisions in its legislation. Therefore, as noted by Arnold and PorterAdvisory (2012), it is important that MNEs, consider â€Å"the potential liability under the FCPA to which their operations may be exposed† (p. 3), whether conducting business i n the U. S. or outside. Mr. Chong should act in compliance with the FCPA and Bribery Act.Managers are responsible when corruption is afoot and need to be vigilant with their actions. In addition, Jextra is responsible for ensuring that its â€Å"anti-corruption measures satisfy both jurisdictions† (Arnold & Porter Advisory, 2012, p. 6). In today’s global economy, international companies, such as Jextra have may worldwide connections through its suppliers and subsidiaries. Under the Bribery Act, it could be established some type of association, for instance through a Jextra’s parent company or subsidiary, so that if the company was to commit bribery it could still be prosecuted in the U.K. Therefore, Jextra and Mr. Chong should be extremely cautios and take into consideration that both the Bribery Act and the FCPA may have direct impact on the company’s operations; even if the company has little connection with U. K and U. S. (Arnold & Porter Advisory, 201 2, p. 6). Chong’s Recommendations to Jextra Malaysia lacks of a developed legal system and has a risky business environment, which make it challenging for foreign companies, such as Jextra, to conduct business in an ethical, fair, and responsible manner.Chong’s recommendations to Jextra include seeking proper legal counsel regarding Malaysian commercial and civil laws, and payments to government officials. An additional recommendation is to implement an effective internal business code of conduct. A clear code of conduct would mitigate some of the problems that Mr. Chong faces. The code should set global policies for Jextra’s employees and any individual working for the company (Daniels, Radebaugh, & Sullivan, 2010). The code of conduct should not only be communicated to all Jextra’ s employees, but also to its suppliers and contractors.Additionally, the code of conduct should ensure that its policies are carried out. For instance, Jextra should make empl oyees sign a written agreement conforming that they read and understood the code of conduct (Daniels, Radebaugh, & Sullivan, 2010). Additionally, Jextra should require managers to go through a formal program that teaches them the company’s ethical code of conduct. It is vital for Jextra to implement the right measures and procedures, as well as strictly enforce these measures, to prevent bribery and other unethical behaviors among its employees.This would help the company to avoid potential prosecution and civil litigation under the FCPA and The Bribery Act. A third recommendation would include an internal investigation regarding Mr. Alam conduct. As a category manager, Mr. Alam may be using his position in the company for personal gain (Inkpen, 2010). Mr. Chong as a supervisor of Mr. Alam need to ensure that Mr. Alam is not taking bribes or gifts from suppliers, or benefitting his father-in-law. An additional recommendation include inter-cultural training for Jextra’s managers assigned abroad.When conducting business overseas, it is imperative that managers receive adequate training regarding the legal and political environment, international law, and national culture of the host country. Managers should also receive training in ethics to avoid unethical conduct. Additionally, when conducting international business, geocentrism is a good approach. According to Daniels, Radebaugh, & Sullivan (2010) geocentrism requires firms â€Å"to balance informed knowledge of their own organizational cultures with home- and host-country needs, capabilities and constraints† (p. 4). Jextra should integrate its own company practices, Malaysian practices, and new practices as well (Daniels, Radebaugh, & Sullivan, 2010). Conclusions and Lessons Learned Legal policies, which include domestic law and international law, play a major role in determining how global companies can conduct businesses abroad (Daniels, Radebaugh, & Sullivan, 2010). International firm s should act responsibly and ensure that its employees act in accordance with the domestic law where they operate and do not commit any offense under the FCPA and Bribery Act.By acting ethically, companies can create competitive advantage, shared value, and avoid being perceived as unethical and irresponsible by the local and global communities (Daniels, Radebaugh, & Sullivan, 2010; Porter, 2010). As a potential global manager I learned that it is crucial for global firms to set clear codes of conduct, ensure compliance with the codes (training, auditing programs), and enforce the policies in the code (Daniels, Radebaugh, & Sullivan, 2010).However, foreign managers will still face ethical dilemmas when working in a different legal and political environment. Managers need to be knowledgeable about cultural, legal, political, and ethical factors in order to succeed in their assignment overseas (Daniels, Radebaugh, & Sullivan, 2010). Therefore, managers should receive adequate inter-cu ltural training and counseling about the host country’s values, norms, legal and political system. Managers should be a role model for other employees by showing cultural awareness and ethical behavior.