The case study will be send by file Research Paper

The case study will be send by file - Research Paper Example 121). Family centric segmentation strategy of the company reflects from their outdoor activities, media selection and opinion leader selection (Rogers, 1995, p. 293). Pricing strategy of Colgate suggests that the company is targeting customers belong to middle of socioeconomic ladder (Farley and Haaga, 2005, p. 368). The company has segmented their market as customers belong to mid income family and ethnically diversified area. The company has changed very little of Colgate Regular over the course of time (Berger, 2010, pp. 5-6). This offering is complemented by mint flavour, active fluoride. It has the category benefit of strengthening and protecting teeth. This is the top selling category for Colgate brand. This category is complemented by eight other sub brands. Colgate Total offers product benefits such as 12 hour protection from plaque, cavities, weak enamel, gingivitis, tartar and tender gums. Product portfolio of the brand is complemented by various other mutually different offerings such as Colgate 2in1 Toothpastes, Colgate Sparkling White Toothpaste, Colgate Sparkling Mint Zing, Colgate Sensitive Enamel, Colgate Sensitive Multi Protection and Colgate Pro Clinical. Colgate tries to offer thirty five items for every store. Important part of their retail strategy is that they try to place their product at front isles of store in order to catch the attention of customer. The company follows mixed pricing strategy complemented by both competitive and premium offering. They follow out and out competitive pricing in developing countries while in developed countries they adjust price in accordance with the market situation. Premium pricing is used for their upmarket offerings such as Colgate Pro Clinical, Colgate Sparkling Mint Zing and Colgate Sensitive Multi Protection (Berends, 2004, pp. 42-44). The company follows integrated marketing communication to promote their offering among customers (Belch, 2003, p. 198-200). They select media in

I can't believe that this was once a syllabus Assignment

I can't believe that this was once a syllabus - Assignment Example This particular curriculum design intended to evaluate the performance effectiveness in the educational system of America. Through his book, Ralph emphasized on the purpose of education in the life of children. Ralph focused on the factors such as what are the interests of the child, the problems he encountered in obtaining education through the traditional curriculum and the purpose of his study. Also to make the education system better, no particular source of information is adequate to provide a basis of wise and comprehensive decision. As Ralph suggested in his book, education system should be so formed that it would help to change the behavior of the people in the most righteous way. The feeling and thinking skills of the people influenced by the content derived from education was the key point highlighted in Ralph W Tyler’s principle. His basic principle was to understand learning of education and its effectiveness in the behavior of the people throughout the life (Tyler , 2013). Evaluation of Tyler’s Curriculum Tyler’s curriculum came into existence during his eight year study. The concentration point of the study was to understand whether students were actually getting educated through the learning delivered in the classes. While Ralph was working on his eight year study, he went to the Ohio State where the faculty wanted him to test the knowledge of the students. The instructor would give emphasis on taking tests, but Ralph suggested that tests would quantify the memorizing power of the student and not their understanding on the subject matter, which certainly became a major turning point in today’s contemporary education process. Ralph coined the term â€Å"Evaluation† to investigate the real leanings of the students through the education system (Tyler, 2013). The evaluation was to understand the effectiveness of education and learning on the people’s behavioral characteristics and their life in future. The une mployment rate in the organization was increasing due to the lack of learning in the specific subject matter. The curriculum theory of Ralph dealt with the real sense of understanding of education. The theory emphasized not on the dull sensing of meaning of the subject matter but focused on the inner meaning, emotions and continuous exploration of the study in the life of the student (Tyler, 2013). The curriculum theory also gave emphasis to few principles, which were required to be followed for a better education system. The principle of the curriculum was to explore the knowledge of the learning, the interest of the students in the given subject and most importantly, the purpose the child has in his mind regarding the study. It was observed through his curriculum theory that every student had different interests and hence, 30 schools were developed to try the new education system suggested by Ralph. The evaluation of students, were further suggested by Ralph, to be done by the rec ords of the performance of the students throughout. Appraisal system would be introduced every year to check the knowledge and to understand whether they are learning the expected skills, which would help them in future. The theory also stated that the evaluation of the people after completion of studies, which meant how the people are dealing in the real

Regeneration and Keseys Essay Example for Free

Regeneration and Keseys Essay However, McMurphy was only able to defeat the nurse from what he learned when she defeated him in his bid to change the television schedule. Cheswick shows his hand higher and glares around. Scanlon shakes his head, and then raises his hand, keeping his elbow on the arm of the chair. And nobody else. McMurphy cant say a word. In this defeat, McMurphy learns that he must convince the patients of an idea before being faced with the nurse; otherwise, the patients become frightened of her and lose their nerve. Once again, McMurphy attempted to change the TV schedule, but failed again due to technicalities such as the vote of the chronic patients, and the fact that the meeting had ended before McMurphy was able to get the majority vote so the motion was not carried. This incident formed a bond between the patients against the hospital staff, and they had gained an important ally in Dr Spivey, an unwary double agent. However, In Regeneration the patients of Craiglockhart do not treat staff as if they were afraid of them. The doctors and nurses of Craiglockhart are less authoritative and are lenient with the rules of conduct. One of the VADs tugged at it. Theres room for two in there, she said, smiling, coaxing. Have I to get in with you? . The patients treat doctors with respect and are friendly towards other patients, however at times the patients appear to fear treatment. Theres no area of analgesia, Rivers said to Sister Rogers. Prior snatched up the pad. IF THAT MEANS IT HURT YES IT DID. On the other hand, in One Flew Over The Cuckoos Nest the patients treat nurse Ratched with minimal respect and some of the patients are very unprofessional in what they say and do to her and the other student nurses. It can be said that Craiglockhart is more civilised as a hospital, and nurse Ratcheds ward can be compared to a high school classroom where the patients are conspiring as to how they can defeat the nurse, similar to the way students may act together to outwit a teacher. Nurse Ratched constantly undermines her patients in front of one another to make them feel inadequate; almost emasculating them. Right at your balls. No, that nurse aint some kinda monster chicken, buddy, what she is, is a ball-cutter. On the other hand, Rivers sees his patients as his equals and treats them with high regard, even though Rivers himself is more intelligent and qualified than almost all of the patients that he treats. Patients in Ratcheds ward also resent the ward itself and its confines, and wish they could escape the dreariness of it all. The irony of this is that most of the patients who complain are not committed and are only in the hospital voluntarily, so they could walk out of the door at a moments notice; however, the patients are unable to do this due to nurse Ratched making them feel inadequate and therefore unfit for society. When McMurphy discovers that it is the Nurse who decides how long a patient spends on the ward, he is beside himself with anger, directed mainly at the other acute patients for egging him along against the nurse, when all the while they knew that it would only get him committed for a longer period. Conversely, we are given the impression that all the patients at Craiglockhart are committed, however they all have the freedom to roam most of the institution and the outdoor facilities such as the golf course Prior watched the amber lights winking in his beer. He was sitting in the shadowy corner of a pub in some sleazy district of Edinburgh. The patients are allowed to leave the hospital premises and are trusted to be responsible enough to return. In One Flew Over The Cuckoos Nest, patients are not even allowed to leave the premises without an accompanied pass. This is needed in order for McMurphy to take a group of the patients and Dr Spivey, one of the resident doctors of the hospital, on a fishing trip later in the novel. The fishing trip was organised by McMurphy for a number of reasons that could only possibly be contrived by a person of sound mind. The first of these reasons is to deliver a blow to the nurses control over the patients and to show them that they are in fact free to do what they wish. His other incentives were money, which he acquired from the remainder of the funds from patients used hire the boat, and also the chance to spend some time alone with a woman who would be accompanying the men on the boat, something that we can presume McMurphy has not been able to do for a while now. During the fishing trip, we are able to see the effect of nurse Ratcheds enfeeblement of the patients when they enter the garage to buy fuel. The mechanics at the garage are taken aback by the sight of patients from a psychiatric institution, and the awkward exchanges between the doctor and the mechanics only make things worse. It is at this moment when McMurphy comes to the rescue of the patients and confronts the workers at the garage. were every bloody one of us hot of the criminal-insane ward, on our way to San Quentin where they got better facilities to handle us. McMurphy lies and uses bravado to frighten the mechanics and empower the patients, who no longer feel as if they are the laughing stock of town and begin to order the workers around. This is an example of how mental illness is perceived in society at the time the book was set, and how the patients were able to overcome its stigma, if only for a short period. Their personal triumph was over once the patients had reached the fishing port and were confronted by sailors who took the opportunity to make suggestive jokes about the patients female companion, as they stood there helplessly, unable to defend her without the presence of McMurphy. In Regeneration, the reader encounters a similar stigma attached to mental illness. One particular case involves the character Prior, who is questioned about why he was not wearing his blue hospital badge. Prior retorts to Rivers question, stating that I wasnt wearing the badge because I was looking for a girl. Which as you may or may not know is not made easier by going around with a badge stuck on your chest saying I AM A LOONY. Prior assumes, perhaps from experience, that wearing his hospital badge would be a deterrent for women as nobody seems to jump at the opportunity to be involved with a mentally ill person. Another incident in involving the badge occurred with Sassoon when he went to the Conservative Club to meet Rivers. looking at the young man in uniform evoked, and then or perhaps he was being oversensitive? with a slight ambivalence, a growing doubt, as they worked out what the blue badge on his tunic meant. Once again, the reader is presented with a situation in which people change their opinions when faced with an outcast from society, someone who is irrational and is therefore supposed to be unacceptable to the general public. Near the end of Regeneration Barker introduces another psychiatrist called Dr Lewis Yealland. He is similar to Rivers in that Yealland is also highly respected and acclaimed on his work; however, the underlying difference between the two characters is in the way they treat their patients. Where Rivers would tend towards having a conversation with the patient to solve the problem, Yealland prefers to cast a dominating presence to the patient, neglecting their views and suggestions. No, Yealland said. The time for more electrical treatment has not yet come; if it had I should give it to you. Suggestions are not wanted from you, they are not needed. Yealland does not allow patients to express themselves as he feels that any self-diagnosis by a patient is a threat to his judgement, and this is intolerable in his treatment. Yealland can be compared to nurse Ratched, in that both the characters require dominance in a situation and superiority over those under their jurisdiction. Another difference between Rivers and Yealland would be that Rivers, as mentioned before, endeavours to resolve the problem that the patient is suffering from, thus curing the patient of his illness, whereas Yealland merely addresses the symptom arising from the illness and treats the patient to rid them of this. He eradicates the symptom, while this is only the tip of the figurative iceberg, and neglects the patients psychological problem, which caused the symptom in the first place. In the novel, Yealland serves a larger purpose as a metaphor for the control that the government exerts over citizens, indifferent towards the voices of individuals, for example, the voice of Siegfried Sassoon, which was ignored and discredited by the government in the same way Yealland ignores and discredits his patients views. Yealland provides the reader with a clear, yet cleverly concealed allegorical view of the novel where the same concept is repeated for a greater effect on the readers opinion of both the presentation of mental illness and the way it is treated, and also the governments approach to dealing with soldiers who cry out against the unjustness of war. Nearer the end of One Flew Over The Cuckoos Nest, McMurphy throws a party one night for his farewell as he plans to break out of the ward and make his escape that night. The party is not sanctioned by the nurse who has no idea of its taking place, so McMurphy knows that he must leave otherwise he will be punished severely for his actions. On the night of the party McMurphy organises for a girl to come onto the ward and make love to Billy Bibbit, making him lose his virginity. McMurphys plan of escape fails and the nurse returns in the morning to find the atrocities that have taken place on her ward. She confronts Billy Bibbit about his actions, and he seems confident, however once the nurse threatens to informs Billys mother of his wrong doing Billy breaks down and pleads with her not to do so. Nuh! Nuh! His mouth was working. He shook his head, begging her. You d-dont n-n-need! Billy is so disturbed by the prospect of his mother finding out about his actions, that he takes his own life shortly after the nurse confirms that she will inform his mother. After this event, the ward changes dramatically. Patients who were not committed begin to leave; Sefelt, Frederickson, even Harding. McMurphy was taken away for a lobotomy, which succeeded in calming him down, but it did so to the point where he would not fit the description of a mentally ill patient, but more of a breathing corpse. The Chief cannot stand to look at this change in McMurphy so he resorts to suffocating him in order to put out his suffering once and for all. On doing so, the Chief escapes the ward by picking up the control panel in the tub room and throwing it through the window. This mirrors the event where McMurphy attempted to lift the control panel, the difference being that the Chief succeeded where McMurphy failed by learning from him. This event is a representation of the book as a whole, where one mans titanic struggle and failure managed to stimulate another mans will to live, and as one circle of life draws to a close, a new one begins. Emile Khan 1 Show preview only The above preview is unformatted text This student written piece of work is one of many that can be found in our GCSE Ken Kesey section.

Elitism Theory Analysis

Elitism Theory Analysis Elitism is a political theory that rejects Marxs views of equality and suggests that there will always be a minority elite ruling the majority. The theory in principle suggests that the people are ruled by the most able and those who are capable of doing the best job and this sounds like a good theory as the country will fare better under people who are most capable of leading. However the issue with this is that the elite in control can use the state to control power and thus maintain power and not providing a true democracy. Elitism can be split into three forms; classical, democratic and modern elitism all of which have a slightly different take on the way the state works and how the minority can use the state to dominate the majority. Elitism is not believed by all and is challenged by two other theories, Marxism and Pluralism. Marxists believe that class position is derived from the persons relationship to the means of production, owners and workers, and not as elitists believe from a mix of economic political or ideological resources. Furthermore Pluralists believe that the state such a complex institution that it cannot be dominated by one group and hence power is shared between many government departments and institutions. The British state with the queen as the head of state, although this is a powerless position, is dominated by parliament who has the ability to create or dismantle laws without having to answer to the people until a general election. I believe that the contemporary British State is still quite elitist with the members of parliament and the cabinet being largely made up of those who have been public schooled and gone to the elite universities of Oxford or Cambridge. This view can even be shown by the recent MPs expenses scandal as the MPs cheated money out of the taxpayer showing how the elite minority thought they were above the majority. Therefore this essay seeks to show how the different elite theories relate to the contemporary Br itish state and how relevant they are today. Classical Elitism was defined by key political scientist Gaetano Mosca as In all societies two classes of people appear a class that rules and a class that is ruled the first class always the numerous performs all political functions, monopolises power and enjoys the advantages that power brings, whereas the second more numerous class is directed and controlled by the first[i]. This quote represents the belief that elite rule is inevitable due to the human race being blessed with different talents and those who are more talented will always rise to the top. The classical elitist theory is underpinned by the fact that the ruling elite is closed off from the ruled and its members are selected by virtue of the economic, political or ideological resources[ii]. This shows the reason why elitists reject Marxism, that eventually there will be a classless state, as elitists believe that there will always be the dominant and the dominated and that class will occur through all societies. Plura lism is also rejected by elitists as pluralists argue that there is a diffusion of power between many government institutions and departments whereas the elitists believe that power is dominated by the minority in control. Classical elitism in some ways does refer to the contemporary British state in so far as parliament is made up of the upper class and that many were public schooled and further educated in the elitist institutions of Oxford and Cambridge. Figure 1 shows the Educational Background of MPs and the cabinet from 1918 to 1955, this shows the large numbers especially on the conservative side who attended elite institutions compared to the Labour party who have a large number MPs and cabinet members from Elementary Schools. This shows that in the conservative party there is a sense of the elite are protected as they have the money to afford public schools which gives them an advantage and as such they are protected in their powerful positions in the state. This is further backed up as in the Thatcher government there were only two members of her cabinet not to have attended a fee paying school[iv]. Therefore it can be argued that the contemporary British state can be seen to be slightly elitist as those in power are protected due to their wealth and their education. Democratic elitism which is the form of elitism created by thinkers such as Max Weber and Joseph Schumpeter and is associated with critiques of Democracy, they still agree with classical elitism however, as Weber put it All ideas aiming at abolishing the dominance of men over men are illusory[v]. This quote gives clear indication that democratic elitist think that elitism is inevitable as long as there is Voluntary compliance, acceptance of commands as valid norms and a belief in the legitimacy of the form of domination[vi]. Similarly to classical elitists democratic elitists fundamentally disagree with Marxism as they reject the idea of equality and say that Government has become so large that it will need specialists to run and control it in order to work efficiently, thus elitism is inevitable. Therefore the argument is that power and decision making should be those most qualified and who have the relevant expertise to make the right choices. As far as this relates to the contempo rary British state it could be argued that Britain is relatively elitist as 37 out 51 prime ministers went to either Oxford or Cambridge suggesting that they are the most intelligent and thus the right people to be taking decisions on behalf of the country. However these institutions are very elitist and select on background and status thus meaning that elites are protected as they will always be the most educated hence why the population cannot decide on the elite but can only legitimise their decisions. However in the future under new plans laid out by Lord Mandleson students from a disadvantaged background would be given a reduced offer to university in Labours attempt to increase social mobility. The scheme would work in such a way that The plan could replicate the scheme at St Georges medical school, London, where the standard requirement for a place to study medicine is three As at A-level. Candidates can be given an offer of two Bs and a C if they outperform their school aver age by 60 per cent. This favours the brightest pupils in bad schools, which are often in the most deprived areas[vii]. This is an attempt by the Labour government to try and make the state in the future less elitist as people from all over the country with different backgrounds will be qualified and will be able to perform an active role in Government and in society in order to promote a more equal state. The final form of Elitism, which was put forward by Political Scientists such as Skocpol, C.Wright Mills and Walter Burnham is modern elitism. Modern Elitists still believe that democracy is limited and that elitism is inevitable, apart from modern elitists look at elitism at an international level through organisations such as the IMF and the United Nations which suggests a tie between politics and economics as shown by Mills whose work suggested a close relationship between economic elites and governmental elites: the corporate rich and the political directorate[viii]. This can show how elitism has become more globalised as national elites became dominated by international elites, thus following the recent economic pattern of globalisation and global shift and how the world has become more integrated creating another elite on the world stage. On a smaller scale the recent creation of the President of the EU is another international elitist position which is overpowering domestic go vernments. Therefore it can be argued that contemporary Britain does fit a modern elitist position as to locate the elite one must look more to the international level rather than the national level as Britain is a member of the EU and the United Nations. Another example of international elitism is the upcoming Copenhagen Climate Summit which will be dominated by several key players who have the most influence in both political and economic spheres mainly the USA and China. There is one part of Modern elitism however which does not fit with the contemporary British state and that is the belief that the state has power which can rival or even exceed economic power. I think that the pluralist view that big business has a privileged position in society is more fitting as shown by the recent bank bailouts showing that the government could not let large corporations such as Northern Rock go out of business, highlighting the important position large firms hold in the economy. This is espe cially so as often general elections are won depending on the economic performance for example of the economy is performing well the incumbent government is more than likely to stay in power whereas if the economy is suffering people are likely to vote for change. For example currently amid the International financial crisis there has been a large swing in the latest opinion polls regarding a general election towards the conservatives giving them a majority of 40[ix] showing how people vote for change in times of crisis such as the current financial crisis. Thus governments understand the importance of big business and will form legislation and policy in order to benefit large firms in order to lead to electoral success. Therefore although the contemporary British state does slightly fit the modern elitist perspective there are bits which suit a pluralist view more. Overall Elitist theory I think that Elitist relevant on an international scale and in some part on a domestic level. International organisations such as the IMF and the United Nations have a lot of power and often can overpower domestic governments especially in developing countries which shows that the elite class is becoming more global. I also think that elite theory is relevant on a domestic scale due to the large numbers of the elite in the ruling class of Britain. This is put forward by Guttsman who said There exists today in Britain a ruling class, if we mean by it a group which provides the majority of those who occupy positions of power and who in their turn can materially assist their sons to reach similar positions[x]. This fits the criteria of elitism as it suggests the people cannot choose the elite and the elite can protect their position by monopolising top education and the methods of production. This is also backed up by the numbers of Oxford and Cambridge graduates in government and thus in the ruling class, Over  ¾ of Cabinet ministers in 1983 were from Oxford and Cambridge[xi]. The numbers in government from elite institutions suggests that elitism is an inevitable cycle where the elite is replaced by their offspring who attend public schools and other elite educational institutions. Therefore government schemes such as the grade drop for students from deprived backgrounds could eventually stop the cycle of elite rule in the short run but in the long run these people will then become the elite and then the cycle will begin again this elite rule is inevitable. Thus leading to the theory that the people can only choose between groups of elites at elections for example between the only two parties with a realistic chance of winning a general election, Labour or the Conservatives as shown by Andrew Hayward One elite can only be removed by replacing it with another[xii].

Misperception and Deception in William Shakespeares Twelfth Night Ess

Misperception and Deception in Twelfth Night  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚        Ã‚  Ã‚     Ã‚  Ã‚  Twelfth Night is likely one of Shakespeare’s most entertaining and complete comedy. This romance explores a generous wealth of themes and issues. The most recurrent theme is the relationship between misperception and deception. As a result of their environment and immediate circumstances, men are forced into misperceptions. Paradoxically, they are completely trapped by these illusions. Between the bad fortune they encounter and the bad fortune they themselves generate, they become caught between a rock and a hard place; they are victims of deceit as well as their own folly. The relationship between misperception and deception has numerous effects: it gives way to ironic humor; it is used to explore characters and relationships; it develops a strong connection between the main plot (with Viola, Orsino, Olivia, and the others) and the sub-plot (involving Sir Andrew, Sir Toby, Malvolio, and Maria). The following piece from Twelfth Night proves how Shakespeare successfully communicates these elements. The scene involving Viola and Olivia outlines this; the essence of the play. ('I prithee, tell me what thoust think'st of me.') 'That you do not think you are not what you are.' 'If I think so, I think the same of you.' 'Then think you right: I am not what I am.' Through the course of the play much confusion occurs because of misperception and deception as the following brief outline of the plot shows. Towards the end of the play, Viola is blamed for a number of things. She is charged ... ...ne own self be true.' Works Cited and Consulted: Bloom, Harold, ed. William Shakespeare's Twelfth Night. New York: Chelsea House Publishers, 1987. Grief, Karen. "Plays and Playing in Twelfth Night". Bloom (47-60). Nevo, Ruth. Comic Transformations in Shakespeare. London: Methuen & Co., 1980. Osborne, Laurie E. The Trick of Singularity: Twelfth Night and the Performance Editions. Iowa City: U of Iowa P, 1996. Shakespeare, William. The Arden Edition of the Works of William Shakespeare: Twelfth Night. Ed. J. M. Lothian and T.W. Craik. UK: Methuen & Co., 1975. Thatcher, David. Begging to Differ: Modes of Discrepancy in Shakespeare. New York: Peter Lang, 1999. Vickers, Brian. Appropriating Shakespeare: Contemporary Critical Quarrels. New Haven: Yale U P, 1993 Misperception and Deception in William Shakespeare's Twelfth Night Ess Misperception and Deception in Twelfth Night  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚        Ã‚  Ã‚     Ã‚  Ã‚  Twelfth Night is likely one of Shakespeare’s most entertaining and complete comedy. This romance explores a generous wealth of themes and issues. The most recurrent theme is the relationship between misperception and deception. As a result of their environment and immediate circumstances, men are forced into misperceptions. Paradoxically, they are completely trapped by these illusions. Between the bad fortune they encounter and the bad fortune they themselves generate, they become caught between a rock and a hard place; they are victims of deceit as well as their own folly. The relationship between misperception and deception has numerous effects: it gives way to ironic humor; it is used to explore characters and relationships; it develops a strong connection between the main plot (with Viola, Orsino, Olivia, and the others) and the sub-plot (involving Sir Andrew, Sir Toby, Malvolio, and Maria). The following piece from Twelfth Night proves how Shakespeare successfully communicates these elements. The scene involving Viola and Olivia outlines this; the essence of the play. ('I prithee, tell me what thoust think'st of me.') 'That you do not think you are not what you are.' 'If I think so, I think the same of you.' 'Then think you right: I am not what I am.' Through the course of the play much confusion occurs because of misperception and deception as the following brief outline of the plot shows. Towards the end of the play, Viola is blamed for a number of things. She is charged ... ...ne own self be true.' Works Cited and Consulted: Bloom, Harold, ed. William Shakespeare's Twelfth Night. New York: Chelsea House Publishers, 1987. Grief, Karen. "Plays and Playing in Twelfth Night". Bloom (47-60). Nevo, Ruth. Comic Transformations in Shakespeare. London: Methuen & Co., 1980. Osborne, Laurie E. The Trick of Singularity: Twelfth Night and the Performance Editions. Iowa City: U of Iowa P, 1996. Shakespeare, William. The Arden Edition of the Works of William Shakespeare: Twelfth Night. Ed. J. M. Lothian and T.W. Craik. UK: Methuen & Co., 1975. Thatcher, David. Begging to Differ: Modes of Discrepancy in Shakespeare. New York: Peter Lang, 1999. Vickers, Brian. Appropriating Shakespeare: Contemporary Critical Quarrels. New Haven: Yale U P, 1993

Business Ethics :: GCSE Business Marketing Coursework

Businesses have power through their ability to spend vast amounts of money. They have the ability to enhance or change situations that the common individual does not. As organizations affect many people, they have obligations to their employees, consumers, community and the world. They have a responsibility to conduct business in a way that is not harmful and which positively benefits as many people as possible and themselves. Although this sounds simple, it is "easier said than done!" as there will always be a conflict of interest between various groups of people. Any decisions made by businesses need to be made with an informed awareness of the specific situation and then act according to some sort of system of principals which is Business Ethics. What is Business Ethics? Business ethics is exactly the same as normal ethics, and that is knowing what is right or wrong, and learning what is right and what is wrong in a business environment. Then doing the right thing, but "the right thing" is not as straightforward as explained in many business ethics books. Most ethical dilemmas in the workplace are not simply a matter of "Should she steal from him?" or "Should he lie to his boss?" Businesses cannot function without ethics, why? Society dictates a set of rules and conformities and seeing as all businesses strive after common goals it means that these goals can only be achieved on the basis of standards, values and morals in society. It can be assumed that business life has to be called 'moral' as well. As in society, standards and values are spontaneously formed once people come that's when morals come into effect, and when businesses decide on implicit or explicit ways to achieve certain goals and then are agreed on. Businesses in general are working on the basis of an ethics that settles different interests. The standards and values within companies can be characterized as mutual respect. In this respect it is in everyone's interest, and is considering people as an end in themselves, not as a means, reciprocity and fairness. This ethics is passed down and filtered to a group of stakeholders who have an interest in the company. These parties usually are: personnel, customers, suppliers, subcontractors, shareholders, society and those who speak on behalf of the environment and future generations. Many ethicists say there's always a right thing to do based on moral principle, and others believe the right thing to do depends on the situation, ultimately it's up to the individual on w hat they do and on what they believe to be the "right" thing is.

Constitutional Law of the European Union Essay

The European Court of Justice is the driving force behind European integration. The ECJ had elaborately defined the doctrines of supremacy and direct effect of the EC Law and provided remedies for damages caused by breach of EC Law by a Member State . Despite the initiatives of the ECJ, there have been conflicts between Community law and national law. Moreover, the ECJ made it clear that the EC law had supremacy over national law in the event of conflict as evidenced in the case of Costa v ENEL, wherein it held that a preliminary ruling by the Italian courts based on their national law would be of no significance. In Simmenthal, the ECJ clarified that the Community law was to take precedence over national law and that any provision of the national law that contravened the Community Law would be rescinded by it. Moreover, the ECJ prohibited the implementation of any national law that was in conflict with the Community law. The ECJ further ruled that no fundamental provision of any national law could challenge the supremacy of a directly applicable Community rule . This supremacy of Community law is one of the constitutive principles of the integration of the European Community legal order and it has been well embedded in the Treaty that established a Constitution for the European Union. The doctrine of supremacy of Community law, the principles of direct effect and uniform applicability are the primary ingredients of the Community. They are fundamental to the promotion of an effective Community legal order and form the unseen pillars of the European Constitution. Further, the doctrine of supremacy is the actual concrete personification of this constitutional power . The national constitutional courts of Member States found it very difficult to adopt the doctrine of supremacy and in the initial stages the Italian and German constitutional courts almost refused to adopt this doctrine into their respective national legislations, because they felt that they would be surrendering their power of constitutional review of secondary community law. Subsequently, the enlargement of the European Union provided a new paradigm to this doctrine of supremacy. This doctrine of supremacy was enforced by the ECJ in Costa v ENEL . This doctrine is a jurisprudential creation of the ECJ. Further, the Court clarified that the EEC Treaty had adopted a new legal system, which the Member States had integrated into their national legislation. Accordingly, the national courts were required to apply the Community law without any deviation and this generated a number of debates in the Member States. Ultimately, it was accepted by the Member States. However, total supremacy over the national constitutional provisions has not been achieved . In Frontini the Italian Constitutional Court had opined that the 1957 Act, which had accepted the provisions of the EEC Treaty, did not breach the Constitution. Moreover, the Italian court reserved to itself the right to review the continuing compatibility of the Treaty with the Constitution . In another case the Italian Constitutional Court, while accepting the precedence of Community law, maintained that the court had competence over any aspect of the relationship between Community law and municipal law . These decisions clearly established that the national constitutional courts had not completely accepted the supremacy of Community law. The German Constitutional Courts voiced their concern over the protection of fundamental rights in the decisions given in Solange I and II and introduced the concept of Kompetenz – Kompetenze. Even in the Banana case the German constitutional Court declined to give up its power to review secondary community legislation in order to protect fundamental rights . In the United Kingdom this doctrine created several problems, because the UK constitution bestows absolute power on Parliament. Further, the UK ratified a dualist policy concerning the relationship between international treaties and national law. Although such treaties were signed by the UK, they were not incorporated into the domestic law of the UK. In order to incorporate the treaties into national laws, the Parliament had to ratify them and this resulted in a problem in respect of accepting the doctrine of supremacy of Community law over national law. In the famous Factortame case the concept of the supremacy of Community law was subjected to a vast amount of discussion. In that case Spanish fishermen had argued that the norms for registering vessels under the Merchant Shipping Act 1988 were discriminatory and in conflict with the provisions of the EC Treaty. The House of Lords refused to grant any interim injunction against the Crown. The applicants in this case claimed that this would violate the Community law and the result was that a reference was made to the ECJ, which ruled in favour of these applicants. The ECJ further held that any piece of legislation in the national law that prevented a court from issuing interim relief would be tantamount to the violation of the Community law . The EOC case dealt with the suitability of the UK statute regarding unfair dismissal and redundancy pay in the broader context of the EC law . The UK law provided different benefits to employees working in full –time and part – time jobs. The appellant in the case, the Equal Opportunities Commission, opined that the statute was discriminating against female employees, which was in contravention of Article 141 of the EC Treaty and to other Community directives. The House of Lords held that the national legislation had violated the EC law and upheld the contention of the EOC. The approach of the European Court of Justice is at variance with the customary doctrine of precedent that is entrenched in domestic law. The objective of the ECJ is to bring about a European Union that follows the same law throughout its Member States and to this end it constantly endeavours to promote the EC Treaty. This could result in a change in the interpretation of legal principle over a period of time. Moreover, the ECJ bases its decisions on the extant circumstances and not on precedent. National courts of Member States in the European Union can obtain a preliminary ruling regarding the interpretation of European Union Law from the ECJ on the basis of the provisions inherent in Article 234 of the EC Treaty. However, it is not the primary objective of the ECJ to take decisions regarding the compatibility between the domestic and European laws. Further, it is also not the primary aim of the ECJ to apply the European Union Law to some specific facts of a case . The ECJ indicates the principle to be applied in a particular case and the case will have to be decided in the originating court, however, the ECJ ruling will have to be implemented by such a court. In the absence of an appeal from a national court, a reference will have to be made by the originating court, in case it is of the opinion that a clarification in respect of European Union Law is required. Nevertheless, there are instances where an ET, EAT or Appellate Court has to make a reference to the ECJ in order to pronounce judgement that is in accordance with the EU law. The function of the advocates general is to aid the judges in their judicial work. They do this by submitting analyses and recommendations regarding the issues raised in a particular case . In addition to the rights conferred on the nationals of the EU Member States by their respective national constitutions, the EU law comprises of another source that grants rights to them. As such the European Union law constitutes a legal system that in addition to being independent also, perhaps more importantly, takes precedence over the national laws of the Member States of the European Union. This European Union law comprises of treaties, which constitute primary legislation and regulations and directives that constitute secondary legislation. The importance of regulations is that they directly require compliance from the Member States without having to be codified into the national laws. However, in respect of the Directives, which are also legally binding, the onus of implementing them rests squarely with the Member States and these Member States have to do so by resorting to the relevant national law legislation on or before the final date set by the EU for such implementation. Accordingly, Article 189 of the European Economic Treaty states that â€Å"A Directive shall be binding, as to the result to be achieved, upon each Member State to which it is addressed, but shall leave to the national authorities the choice of form and methods. † The European Court of Justice, subsequent to taking cognizance of the fact that Directives have to be implemented by the Member States, declared that individuals were well within their rights to ensure the implementation of Directives even in the event of failure by the Member States to meet the deadline set by the EU. In addition, individuals were permitted to enforce such rights in the national courts. The Van Gend en Loos decision unequivocally established the fact that in addition to creating obligations for the Member States to implement the Directives it also creates rights for the individual citizens of these Member States . The right of the Member States and the European Commission to proceed against other Member States before the European Court of Justice does not prohibit the lodging of complaints by individuals against the Member State to which they belong in their national courts. In this context, the European Court of Justice ruled that Article 12 of the EEC results in direct effect, which in turn result in the creation of rights for individuals and that these rights had to perforce protected by the national courts. Consequently, individuals have been empowered to ensure that rights granted by the Directives are enforced in the national courts . The offshoot of this is that individuals can ensure the implementation of human rights by resorting to legal action. In the Becker case it was clarified that if there is unconditionality and adequate precision in the provisions of a Directive that bestows individual rights, then individuals can resort to such provisions to contest the relevant national law . Furthermore, in the Francovich case the European Court of Justice established a test in three parts, which was to be utilized in order to ascertain whether the provisions that were inherent in a Directive, were sufficiently precise and unconditional in creating a right that was applicable to individuals. The ECJ has to consider the identity of the persons who are supported by the guarantee and the content of the guarantee. The identity of the person in breach and who is liable to pay the guarantee has also to be ascertained. Private persons and institutes cannot be subjected to the provisions of the Directives, because it is only the state that is subject to the Directives. The decision in the case of Francovich served to establish that damages could be claimed by an individual in a national court, in the event of a Member State’s failure to implement a Directive properly. The ECJ clarified that the spirit of the European law and the protection of rights would become ineffective if an individual failed to secure compensation. Moreover, the States are required to implement Directives wholly and properly. The ECJ decided in Brasserie du Pecheur v. Germany that there must be a sufficiently serious breach by the State in order to determine its liability. This dictum applies to situations where national legislation is implemented improperly and inconsistently with a Directive. In order to determine whether Community law was breached with sufficient seriousness, it is sufficient to demonstrate that the Member State or Community institution had seriously and knowingly ignored the limits to its discretionary power. Some of the factors that the court has to consider are the exactitude and clarity of the rule that was breached, the amount of discretion allowed to the national or Community authorities, whether the damage caused was intentional or not and whether there had been any adoption or rejection of measures that were in violation of the Community law . Member States for whom the Directives are specifically issued should be bound by them. Sometimes Directives can be addressed to one Member State or a group of them, but in general Directives are addressed to all the Member States. The exception to this practice is in respect of Directives that pertain to Common Agricultural Policy. The European Commission initiates a binding legal action in situations where a Member State fails to incorporate the provisions of a Directive into their national legislation or if the national legislation fails to properly fulfill the requirements of the Directive. Previously, the Directives were not adequately binding upon the Member States in their implementation. To address this problem, the ECJ promoted the doctrine of direct effect. Thus even if a Member States fails implement the Directives there is legal initiation under the principle of direct effect. This was clearly established in the case of Francovich v Italy. In that case, the ECJ attributed liability to Italy for its failure to implement a Directive. The Easytalk was a private limited company that had been formed with help from the UK government. It was established in order to encourage students in the EU to come to the UK in order to learn English. This company advertised all over the EU universities by means of pamphlets, in which it was stated that the course instructors would be highly qualified scholars in English with a great deal of teaching experience. A Directive was issued by the EU that prohibited the issuance of advertisements that misled and imparted false information. This Directive was to be implemented by January 2007. However, the UK government failed to implement this Directive by this deadline and in effect this Directive had been ignored by the UK government, because the latter was of the opinion that this Directive was unlawful. Subsequently, a French student, Antoine came to the UK and registered for a course that taught English. However, once the classes commenced, Antoine realized that the faculty comprised of students who were not qualified teachers of English as a foreign language. On being approached, the institute where he had enrolled refused to refund the fees paid by him. The direct effect of directives has been restrained by the concepts of vertical and horizontal effect. Van Duyn and Ratti affirmed that directives only have vertical effect so that an individual who is affected by the states’ failure to implement a directive properly or not at all only has rights against the state and not against a non-state entity or other individuals, as the directive imposes the obligation of implementation upon the state. Therefore a horizontal limitation was placed upon the scope of the direct effect of directives. This principle was addressed in Marshall v Southampton and South West Hampshire Health Authority , in which the applicant who was employed by the Health authority, was required to retire at the age of sixty – two years, while men doing the same work did not have to retire until the age of sixty – five years. Although under national law, by virtue of the Sex Discrimination Act, this was not discriminatory, she succeeded in her claim for unfair dismissal by relying on the Equal Treatment directive, which had not been implemented in the UK. This directive was sufficiently clear to have direct effect but the courts took the opportunity to confirm that a directive may not of itself impose obligations on an individual and that a provision may not be relied upon as such against such a person. Therefore since the health authority was an organ of the state, the directive had vertical direct effect. Since the respondent in this problem is a private limited company, the claimant cannot approach the Commission under the vertical direct effect. However, he can seek justice under the EU law by resorting to the procedure of indirect effect. Since, the UK government had not implemented the Directive; the claimant can approach the national courts of the UK to compel the government to apply the Directive. In respect of damages, the ECJ further held in R v H. M. Treasury, ex parte British Telecommunications plc that parties who had sustained loss as a result of incorrect implementation of a directive by a state, could claim damages for the loss sustained on such an account. In contrast to this, if a state has failed to fulfill its obligations regarding Directives, whether by non-implementation or incorrect implementation, an individual cannot request invocation of the horizontal direct effect of a directive against another individual. Similarly the effectiveness of non-implemented or incorrectly-implemented directives that do not have direct effect through the horizontal limitation has been enhanced through the doctrine of indirect effect, which emerged from Von Colson . In this case the ECJ held that national courts are required to interpret their national law in light of the wording and the purpose of the directive so that the directive is given some effect despite the absence of proper domestic implementation. This principle may be used under two circumstances; first, where the defendant is a state entity but a directive is not vertically directly effective as its provisions are insufficiently precise, conditional and require further state action for their implementation. Second, the provisions of a directive could be indirectly enforced against a non-state entity i. e. it could be applied horizontally as between individuals. The court was confronted with a ‘horizontal’ situation in Marleasing , in which this position was confirmed. Therefore, if national law was in existence that could be read in conformity with a non-implemented directive, then an individual could enforce a legal remedy against another individual through the interpretative route without seeking to enforce the directive directly and encountering the barrier to horizontal effect. In respect of the Easytalk institute the claimant can file a case for breach of contract and false representation in the UK courts in order to obtain redressal for the loss, damage and frustration caused to him. The question arises as to whether the aggrieved individuals can claim damages against the state in the national courts. The ECJ clarified that the state had to pay compensation for the damages caused due to non – implementation of a Directive and that the conditions laid down for such claim of damages must not be less reasonable than what was specified for a domestic claim. Furthermore, the Member State should not unduly complicate the claim process.