Saturday, August 31, 2019
Current Topic in Ethics Essay
The article speaks about a recent incident that took place in Brazil, which brought in to light the ethical and moral values of humans. The story had a two sided approach the first one being from the church of Brazil and the second one from the government side. The incident is regarding a step father raping her 9 year old daughter. The girl confessed that she was under a sexual assault from her step father since the age of 6(Yahoo News, 2009). The man was also convicted of sexually abusing the girlââ¬â¢s 14 year old handicapped sister. Cardinal Giovanni Battista Re, head of the Catholic Churchââ¬â¢s Congregation for Bishops said that the abortion carried out by the doctors under the decision of the girlââ¬â¢s mother was totally wrong and the twins that the girl carried had a right to live. On the other hand President Luiz Ignacio Lula da Silva had other views on the matter. He said that according to the law of Brazil where abortion is illegal and allowed only in case where the health of the child bearing women is endangered the Bishop is totally wrong. The girl had actually been brought to the hospital after several stomach cramps and it was found that she is pregnant and carrying twins. At the age of 9 doctors commented that it was impossible for the girl to bear the children and an abortion was the only viable option left. As the doctor involved in the abortion Rivaldo Albuquerque said that it was important for us to save the life of the girl(Yahoo News,2009). Ethical Issues The article raised several ethical issues regarding human rights and social rights. Firstly the rape case as the man had committed was illegal and should be punished according to the government law of the country. Secondly the issue of child abuse as an ethical issue is also being raised by this incident which is another offense of the law and needs to be punished. Third and the most important issue which has been raised by this incident are of abortion which according to the law of Brazil is illegal. The fourth issue has been raised to contradict the third one which is another face of the same law of abortion which is banned. Abortion is only allowed in case the health of the child bearing women is endangered. The fifth ethical issue is the sexual assault of the other handicapped girl sister of the girl which was actually sexually assaulted. All these ethical issues have come forward due to this incident and need to be taken care of by the Brazilian government. Ethical Theories There are many ethical theories and fields of ethics that are present but only some that are relevant would be applied to this case. We will consider each theory one by one and apply it on the case to deduct a result. Greek Philosophy Socrates emphasized that a person to be ethically correct needs to realize the importance of human life and existence. A person would act rightly and correctly if he or she is self aware and knows the importance of life. Bad deeds or evil deeds are a result of ignorance and if the person knows the consequences of doing wrong he or she would never commit that act (MacKinnon, 2008). According to the theory of Socrates the man who committed the assault was unaware of the consequences of the act to be specific he thought that he would get away with his actions but only the pregnancy of the girl brought up the matter. The case of abortion according to this Greek philosophy is a bit controversial as the importance of human life needs to be considered and in this case whether to save the girl or the twins she was carrying was a decision to be made. Normative Ethics This field of ethics focuses on the rightness and wrongness of actions to judge whether they are ethical or not. The theory says that actions were mainly judged by the intentions of a person as in whether they are right or wrong (Kagan, 1997). According to this theory the man in the case is found guilty of committing a crime and should be punished accordingly as his intention was truly wrong and hence his actions also become wrong. Then the abortion of the child was also morally ethical as the life of the girl was endangered by her pregnancy, hence according to this theory the decision of abortion is also ethically correct. Meta Ethics This approach of ethics is a bit different from other approaches as it looks at the reasons for the truth and decides up on the validity of the reasons as to whether the actions that led to the truth were ethical or non ethical (Miller, 2003). According to this theory the actions of the man were totally unethical as the man had committed an immoral act, which is the truth. The reason for this act was his uncontrollable desires, which were unethical. Abortion was performed because it was the only option through which the girl could be saved. The reason for the abortion was the fact that the doctors had to save the life of the girl and could take no risks, hence the act of abortion was morally ethical. Descriptive Ethics This is a newer field of ethics than normative ethics and focuses on the choices that were available to the person and the one he or she picked according to that his or her actions are judged to be ethical or not. According to this theory the man is still found to be guilty and should be punished as the choices he made were ethically incorrect and on the other hand the abortion done by the doctors was also morally ethical as they had limited choices and needed to save the girl. The doctors agreed on the fact that the girl who was only 9 years old could not carry the burden of pregnancy and hence had to be saved through abortion. Conclusion During this paper we looked up on different theories and fields of ethics. These fields and theories were applied on the case and the deduction of whether this ethical issue were correctly dealt or not was focused. The conclusion is not merely my own decision but the result of applying the ethical theories on the case. These theories when applied clearly highlight the fact that the man should be punished according to the law of Brazil and the decision of abortion made by the mother of the girl and carried out by the doctors was a correct one in the circumstances that were presented. References: Kagan S. (1997) Normative Ethics, Westview Press. MacKinnon B. (2008) Ethics: Theory and Contemporary Issues. Wadsworth Publishing. Miller A. (2003) An Introduction to Contemporary Metaethics, Polity. Yahoo News (March 8, 2009). Vatican defends Brazil excommunication. Retrived on March 10, 2009 from http://au. news. yahoo. com/a/-/world/5375029/vatican-defends-brazil-excommunication/
Friday, August 30, 2019
Cubism -the Weeping Woman Essay
Cubism was an art movement which originated in France and Spain in 1906. Cubism influenced painting movement. Cubist artists include Pablo Picasso, George Braque and Juan Gris. Picasso had recently travelled to Africa and native America and was inspired by the tribal masks. Cubist Artists captured different view points at the same time. This showed collage and made the image look 3D. In the painting ââ¬ËThe Weeping Womanââ¬â¢ she looks like she is at home. I get this idea from the border behind her in the middle of what looks like two walls. I also think it looks homely because it is painted yellow, a colour associated with warmth and comfort. It could also be a church, the brown strip could symbolise the wooden seats in a church. Another thing it could symbolise, is the attendance of a funeral because she is wearing black coloured clothing. In the middle of her face, which is the colour white/blue, it could mean a part of her being taken away, not only is her colour draining away, but so are her emotions. She seems to be hiding her sadness. You can tell she is sad and upset because her eyes look glazed over and there is a red/pink blush under her eyes and nose which could show that she has been crying and has wiped her tears away. The sharp jagged lines could represent how she is holding herself together, and maybe the other emotions she feels, like anger. You can see that she is in distress as she has creases on her forehead. The bits of green blended in with the yellow could represent jealousy, but could also symbolise being ill or sick. She is so upset that its actually making her feel weak and unwell. The white could also be seen as being some kind of ghostly figure, which links back to the thought of her attending a funeral, and why she is so upset. The green representing jealousy, could be envy for other people whoââ¬â¢s loved ones are still with them. Her hands look like they are together, like she is trying to pray, for the protection of her loved one in the afterlife. She could also be holding something, like a tissue to wipe away her tears, a possession of the bereaved, a letter or a will. This painting was actually painted representing the weeping woman as a mother of a soldier who had died at war. This connects to the thing she could be holding, as when a soldier dies at war, they usually send a letter to inform the close family of this.
Thursday, August 29, 2019
12 Angry Men- Group Analysis with Comparisons to Business
Paper 2 Group Dynamics is clearly one of the key elements in ââ¬â¢12 Angry Menââ¬â¢, seeing that the entire movie is based on group decision making. In order for decisions to be made within a team, the members must communicate with each other and successfully work together. The realities of work are an obvious theme from the very beginning. Conflict between team members is an important factor to the plot of the movie as discussions and arguments take place over the juryââ¬â¢s decision.The fact that one manââ¬â¢s beliefs affect the decision of the entire group leads to stress and anger among his fellow members, something extremely common in the business world. In order for a group to be professionally formed, it must go through a number of stages. These can be related to Tuckman and Jensons 5 stage model on group development. This is based on 5 key stages, forming, storming, norming, performing and adjourning. In the forming stage, concerns and a desire for structure take over.This was present as they entered the jury room, a group of individuals with personal opinions and ideas as to what happened as opposed to an already functional group. One jury member appears to take charge as a chairperson to the others, providing leadership and ideas as to how they should proceed. Clearly all the members were not yet comfortable enough to voice their opinions at this stage and initiative was necessary from someone in order for the group to proceed.The storming process took place as the jury members quarrelled and argued over each otherââ¬â¢s votes and opinions. They were each allowed to be heard, thus allowing them to gain perspective on other peopleââ¬â¢s ideas and voicing concerns over these. No group works successfully from the very beginning. The storming process is important as roles within the groups are defined and members can begin to give ideas as to how to proceed, or in the case of the jury, ideas as to what happened. In the norming stage, the group has become effective.Members are now working together towards the ultimate goal. Although conflicts are still occurring, and sides are taken, the team is ultimately working as one group. This was evident throughout the movie, although not as clearly as would be seen in a business type working environment. Because of the strong opposing opinions of both sides, (Guilty and Not Guilty) more conflict than teamwork was visible. However this conflict was ultimately the foundation of teamwork within that particular group.By arguing and voicing opinions, people were influenced to change their ideas and expand on any existing ideas, similar to a product development process. As more previously unrecognised details of the case were unfolded by the original juror to vote not guilty, more of the jury begin to change their votes, thus allowing a previously condemned idea to expand. Comparisons could be made to brainstorming, where one personââ¬â¢s idea can be built on by another.
Wednesday, August 28, 2019
Annotated Bibliography Essay Example | Topics and Well Written Essays - 1500 words - 4
Annotated Bibliography - Essay Example The interests of the developed countries have not only remained protected, but have further explored. The level of competition has never distracted the economic and trade activities of the developed countries, much because the level of competition among the developed countries is diluted. Dell (2001) has concluded that the globalization has however resulted in the era of greater interdependence of the economies due to the provisions of the free trade and relaxed taxation policy, therefore the pace of political and economic convergence increased dramatically over the past few decades as states appear increasingly similar in terms of their political structures and economic functions. In the view of the above listed facts, the US Presidential candidates Republican John McCain and Democrat Obama have emerged in the field in quest for the presidential throne. Roger (2008) has supported Obamaââ¬â¢s stand, the presidential nominee has adopted liberal economic policies with non-specific mentioned of taxation policies. Roger (2008) reported that the Democrat candidate, globalization of economy has weakened the states, control over their societies; thus, globalization promotes civil liberties and, eventually, democracy, through socioeconomic development, and this caused has resulted in the independence of the United states, therefore the globalization commenced soon after the independence of the United states, the integration of national economies into the global market place has served as a catalyst to the states political liberalization Republican Senator McCain has warned that the globalization has certain limitations; however the extent of those has diminished with the passage of time. Tom (2008) reported that the convergence on the economic and trade agenda has motivated the United States to develop mutual and cordial understanding with the developing countries, and such collaboration has
The Importance of Development, Communication, and Learning in Teams Essay
The Importance of Development, Communication, and Learning in Teams - Essay Example Importance of Team Development Team development is important because it produces a productive workforce. Team work inspires solidarity among employees and it also helps build trust (Mackin, 2007). This way everyone in the company carries out their duties effectively since they have the support of everyone else. For example, when a company encourages team work among its employees, they will be able to trust each other, communicate better and learn to work together to achieve the companyââ¬â¢s objectives. Effective Training Principles For effective team development, the following team principles are necessary: leadership, communication, trust, problem solving and decision making capabilities (Midura and Glover, 2005). In a company scenario, when team members are trained to work as a team, they not only enhance their leadership skills, but they also learn how to trust and communicate more effectively. This helps them solve problems and make decisions that are beneficial for the proje ct at hand. Stages in Team Development The five stages of team development proposed by Bruce Tuckman are: Forming, Storming, Norming, Performing and Adjourning (Sugars, 2006). At the forming stage, the team members get to know each other better, they exchange personal information and they also make new friends. It is at this stage that members get a scope of the task at hand. Example: when team members get together to know each otherââ¬â¢s names and interests, that is forming. At the storming stage, each team member has different ideas of the project at hand. It is at this stage that the team decides which problems to solve and how to solve them. Example: there may be differences on the reporting time for the team project, but when the members sit and agree on a specific time, the issue is resolved. At the norming stage, the team comes up with a single goal and a plan for carrying out activities. For example: a team might decide that the goal is to build new software in two month s and everyone should take the responsibility in ensuring that that happens. At the performing stage, the team members are actually working together to finish a project without any conflicts. Example: team members working on the algorithms of software can be said to be performing. Adjourning is the final stage that involves the dissolution of the team after a task has been finished. For instance, when a team comes up with new software, there is no more work to be done by the team and so it is dissolved (Midura and Glover, 2005). Communication in Teams Communication in a team helps individuals to achieve what they set out to achieve when they formed the team. When there is communication within the team, the team members are likely to be more efficient in carrying out their duties, and therefore they end up being more productive (Sugars, 2006). Teams communicate when individuals share information about the projects that they are working on. Communication also occurs when each member l ets the others know what his role is and what he expects to get from the team work. Communication allows the team members to develop trust and find ways of resolving conflicts that may arise (Lumsden, Lumsden and Wiethoff, 2010). An example of team communication is when members know each other so well that they are able to help each other out and compliment each otherââ¬â¢s efforts without a problem. Team Learning This is the organizational process that involves individuals working
Tuesday, August 27, 2019
534 chapter 6,7 Essay Example | Topics and Well Written Essays - 500 words
534 chapter 6,7 - Essay Example Digital technology is vital in class because it makes learning in class quite simple and fast. Three web resources that are essential in learning include amazon, Google scholar and online tutorials. Amazon is a vital web resource because students can use it to buy books that they may need to get more info about a particular topic in class. Google scholar is a globally recognized company that ensures that students can access scholarly articles online. With Google scholar, students can do research about a certain topic or search for information that can enable them do research on a particular subject. There are also a number of online tutorials for learning how to use a particular software, how to design websites, and educational toys. These online tutorials offer the students access to information that can enable them learn new things such as designing websites, using software and acquiring new skills. Social networking issues are important in class because they help students and teachers connect with each other. When students and teachers are able to connect with one another, it means that they can communicate effectively and students will be able to tell their teachers whether or not they understand a point in class. Social-ethical issues in class include effective communication, reading, discussion and writing about the subject in class. The social-ethical issues are important because they ensure that the students clearly understand what the teacher is teaching. Distance learning is recommended for elementary, middle and secondary level because it cuts off the monotony of learning in class. Some students in such levels maybe busy working or doing other causes. Distance learning becomes effective for such students because they no longer have to move to a particular location to attend the classes. Technology has also enabled the ease of distance learning because people can
Monday, August 26, 2019
ACCOUNTING ASSIGNMENT Example | Topics and Well Written Essays - 2500 words
ACCOUNTING - Assignment Example The following suggestions are discussed in depth in this report. We are under budget on revenue and over budget on expenses. This means that we are under budget on the profit. We do not have a balance sheet and the accounts on our Profit & Loss report are general accounts at best. There is no record of what types of appointments the customers are requesting instead we know the quantity of them but not the quality of the appointments. We have a retail area that accounts for a small percentage of the revenue. We do not know how long customers are here for their appointments so instead we guess at it. We do not suffer from seasonality therefore we have a steady stream of clients coming in all year round. This opens up a great opportunity for us to track repeat customers as well as new customers. We have the privilege of having great name recognition within the community which helps us to get repeat business. We also do not have any direct competition and this helps us to constantly keep a steady flow of customers coming through the doors. Our main weakness starts with our inability to track our clients and our personnel. We do not know what type of massage our customers want until they are in the room with one of our therapists. This makes it difficult to decide which types of massage to offer and not offer. It also makes it difficult to determine prices for each type of massage. We have the opportunity to cross sell our customers if we were to improve our methods of reporting information. Our retail sales could increase if we were to focus in on our customersââ¬â¢ needs by keeping better records of each one and what they request while they are here. We could also use this information for marketing any new services. We need to have a better grasp on the budget. Our numbers are way off and we need to get a better idea of what our projections should be. Our projections should be based off our prior year along with some growth
Sunday, August 25, 2019
Hedda Gabler Essay Example | Topics and Well Written Essays - 750 words
Hedda Gabler - Essay Example She is never happy and her love for Tesman is close to non-existent. For Hedda, this marriage to Tesman is a sham and she simply cannot bear to live with him. Coming from a wealthy family from higher social class, she has more refined tastes, a better sense of the world and a completely different way of thinking. She doesn't submit to passion like Tesman does and is usually disgusted by exaggerated expressions of joy by Tesman. Not only does she suffer from unwanted love, she is also clearly bored with her existence. As a woman of a wealthy well-known family, she had been accustomed to a different kind of life- one that Tesman cannot give her. Hedda is bored out of her wits and this results in developing dangerous habits. One such habit is playing with pistols as we see in one scene where she equates fiddling with pistols with complete boredom. When Judge Brack tells her not to play with pistols, she responds with a sheer sense of exasperation: "Then what in heaven's name would you have me do with myself" and when he inquires if she had had any visitors, she retorts, "Not one. I suppose all our circle are still out of town." (p. 284) This boredom leads to complete loss of mind as the woman starts contemplating suicide and finally kills herself. Married to Hedda was a professorship aspirant, Jurgen Tesman. Tesman is a coward. He wants to please Hedda and is dying to attain professorship but he fails to understand his inner cowardice. He feels inferior to Hedda and his constant efforts to please her have only backfired. She is simply disgusted by him and his attempts at pleasing her have failed because they indicate weakness. Tesman is also not as intelligent or learned as he would have himself believe. Eliert is his main rival and when it seems that he might just get professorship, Tesman steals his manuscript. However Tesman is not really a bad person. He wants to abide by the law and would love to return the manuscript but in a moment of weakness, he had stolen it. This theft leads to Eliert death and sets Tesman on the path of a brighter career. Tesman knew that with Eliert present, there was no real chance of succeeding since Eliert was a young man of considerable intelligence. He is the main rival of Tesman. He loves his work to death. It is the loss of his work that actually results in the tragic event of his untimely death. Eliert respects Mrs. Elvsted who had tried to help him with his work and to avoid hurting her, he tells her nothing about the theft and instead says he had torn it. Hedda encourages him to kill himself because she herself has become neurotic and death is a fantasy for her. Eliert takes the pistol but doesn't kill himself. His death is an accident and the lack of beauty of his death causes Hedda to kill herself. The person who had helped Eliert throughout his career was Mrs. Elvsted. Thea Elvsted is a lonely woman suffering from a loveless marriage. She cannot bear to stay neglected and thus moves from one man to another in search of affection. But she is a weak and timid person who is quite the opposite of Hedda. Hedda is manipulative while Thea is selfless. She seeks to gain affection of men in her life but doesn't try to manipulate them. Hedda is however not the only manipulative character in the story. Judge Brack is as much as opportunist as Hedda. He is happy to take advantage of people and their situations. He is a good match to Hedda's manipulative tactics. He knows it was Hedda
Saturday, August 24, 2019
History Discussion Research Paper Example | Topics and Well Written Essays - 500 words - 5
History Discussion - Research Paper Example The events in France shaped the American society in that during this time, American people thought that it was justifiable and right for United States to go into war on behalf of France in a move that would be seen as returning the favor France had done to them by assisting America during the American Revolution. Most people in America did not know the extent of terror in France believing it to be a revolution. Most Americans reasoned that the terror in France was a temporary exuberance of the spirit of the revolution and would soon settle down. Under the leadership of George Washington, America was not ready to enter a foreign war. Washington was aware that America had no enough to engage in the war and was still struggling to unite and bring its own citizens under the control of the federal government. Despite this, the United States could not keep out of the war because Britain continued to humiliate U.S in many aspects. Several issues made the United States of America declare war on Great Britain (Hickey 67). The continuous impressments of U.S sailors, the British attack on Chesapeake Bay, disputes over the Northwest Territories, the British blockade of France during Napoleonic war and the border with Canada, trade restrictions by the British on Americans impeded American trade with France and this could adversely affect the economy of the U.S. The Great Britain navy ships oftenly stopped the U.S trade and merchant ships and at the end impressed their sailors. The United States was not happy with this behavior because sailorââ¬â¢s impressments meant that U.S sailors and merchants were forced to work as slaves aboard British ships. Impressed sailors never returned home since they were coerced to labor for the British navy. Another factor that led to declaration of war was that Britain continued to work with Native Americans in Canada and other territories of the U.S with aim of overthrowing the federal government and hinder or stop U.S
Friday, August 23, 2019
HOMEWORK Essay Example | Topics and Well Written Essays - 750 words - 1
HOMEWORK - Essay Example Q1 (II): considering that the ratio of trade is 1:1 and that north is more efficient in producing both left and right shoes as compared to the south, the north will consume 70 pairs of shoes. That is, the north would rather not trade. On the other hand, with no increase in the number of workers in the south, they can only consume one pair of shoes if they give up one-left shoes for one right shoe (Miles & Scott 15-72). Q1 (III): assuming that there still are 10 workers in the North, the new exchange rate will be (300:3000), (100:1000) = 1:10. Therefore, the North could decide to exchange 30 left shoes for 300 right shoes. In this case, the number of pairs of shoes consumed will be 300 (Miles & Scott 15-72). Q2: the Federal reserve governor meant that in the year 2005, the payment made by the U.S for importing services and other visible and invisible goods were more than those received; leading to a current account deficit. In the process, the value of US currency decreased making U.S products cheaper in the international market. A decreased U.S currency means an increase in the value of foreign currencies leading to low foreign prices, thus low interest rate in the long-run (Arize 35-67). Q3: when the Governmentââ¬â¢s purchases increase during a war, consumption is concentrated on ammunitions. The country will heavily import the war machines than exports. This will lead to a deficit in trade account (a negative balance). To pay for the imported machines, more local currency will be supplied in the foreign exchange market than is demanded. Due to more supply than demand, the local currency will lose its value. The decreased value will be reflected in the exchange rate. Therefore, the real exchange rate will be lower. That is, the real price of the local currency against foreign currencies will be lower. The aforementioned effects would take place, whether a local or a
Thursday, August 22, 2019
Using Statistics To Describe A Study Sample Essay Example for Free
Using Statistics To Describe A Study Sample Essay Most studies describe the subjects that comprise the study sample. This description of the sample is called the sample characteristics which may be presented in a table or the narrative of the article. The sample characteristics are often presented for each of the groups in a study (i.e. experimental and control groups). Descriptive statistics are used to generate sample characteristics, and the type of statistic used depends on the level of measurement of the demographic variables included in a study (Burns Grove, 2007). For example, measuring gender produces nominal level data that can be described using frequencies, percentages, and mode. Measuring educational level usually produces ordinal data that can be described using frequencies, percentages, mode, median, and range. Obtaining each subjects specific age is an example of ratio data that can be described using mean, range, and standard deviation. Interval and ratio data are analyzed with the same type of statistics and are usually referred to as interval/ratio level data in this text. RESEARCH ARTICLE Source: Troy, N. W., Dalgas-Pelish, P. (2003). The effectiveness of a self-care intervention for the management of postpartum fatigue. Applied Nursing Research, 16 (1), 38ââ¬â45. Introduction Troy and Dalgas-Pelish (2003) conducted a quasi-experimental study to determine the effectiveness of a self-care intervention (Tiredness Management Guide [TMG]) on postpartum fatigue. The study subjects included 68 primiparous mothers, who were randomly assigned to either the experimental group (32 subjects) or the control group (36 subjects) using a computer program. The results of the study indicated that the TMG was effective in reducing levels of morning postpartum fatigue from the 2nd to 4th weeks postpartum. These researchers recommend that ââ¬Å"mothers need to be informed that they will probably experience postpartum fatigue and be taught to assess and manage this phenomenonâ⬠(Troy Dalgas-Pelish, 2003, pp. 44-5). Relevant Study Results ââ¬Å"A total of 80 women were initially enrolled [in the study] â⬠¦ twelve of these women dropped out of the study resulting in a final sample of 68.â⬠(Troy à Dalgas-Pelish, 2003, p. 39). The researchers presented the characteristics of their sample in a table format for the experimental and control groups (see Table 1). The researchers found no significant differences between the control and experimental groups for any of the demographic or attribute variables. TABLE 1 Sample Characteristics by Group STUDY QUESTIONS 1. What demographic variables were included in this study? 2. Which of the demographic variables provided ordinal level data? Provide a rationale for your answer. 3. What level of measurement is the data for race? 4. What statistics were used to describe race in this study? Were these appropriate? 5. Could a mean be calculated on the race data? Provide a rationale for your answer. 6. Describe the race of both the experimental and control groups. What does this tell you about the population of this study? 7. What statistics were used to describe age in this study? Were these appropriate? Provide a rationale for your answer. 8. Were the groups similar in age? Provide a rationale for your answer. 9. What was the mode for the type of feeding provided by the experimental and the control groups? Is this mode what you would have expected? 10. Did the experimental group earn similar income to the control group? Provide a rationale for your answer. ANSWERS TO STUDY QUESTIONS 1. Demographic variables described in the study were: age, income, length of labor, return to work, number of hours working per week, race, marital status, education, type of feeding, and amount of household and infant care responsibilities. 2. The variables education and amount of household and infant care responsibilities are both measured at the ordinal level since the data for each is sorted into categories that can be rank ordered. With education, high school is the lowest level of education, some college is the next level of education, and college graduate or higher is the highest level of education. Care responsibilities include ordinal data that are ranked from a low of ââ¬Å"Noneâ⬠to a high of ââ¬Å"All.â⬠3. The data collected for race is nominal level since race was measured using mutually exclusive categories of White, Black, Interracial, and Middle Eastern that cannot be rank ordered.à 4. Frequencies and percentages were used to describe race for the exper imental and control groups. Since the data are nominal, frequencies and percentages were appropriate. The researchers might have also identified the mode, which was White. 5. No, a mean cannot be calculated on the race data. A mean can only be calculated on interval and ratio level data that have numerically equal distances between intervals and not on nominal level data that can only be organized into categories. (See Exercises 1, 2, and 3, which are focused on identifying the level of measurements.) 6. Both the experimental and control groups are predominantly White, 92% and 96.55%, respectively. Thus, the sample is predominately White, and the results are reflective of a White or Caucasian population and not Black, Interracial, or Middle Eastern populations. 7. Age was described for both the experimental and control groups using means and standard deviations. The exact age of the subjects was obtained, providing ratio level data that are descriptively analyzed with means and standard deviations. The researchers might have also provided the range for age for both experimental and control groups. 8. The groups were very similar in age since the mean age for the experimental group was 26.72 and the mean age for the control group was 26.89. The distribution of the ages for the experimental and control groups were also very similar, with standard deviation of 5.05 for the experimental group and 5.25 for the control group. 9. Bottle-feeding was the mode for the experimental (53.1%) and the control (50%) groups since it was the most frequent type of feeding used by both groups. Either a ââ¬Å"noâ⬠or ââ¬Å"yesâ⬠answer is correct here as long as you provide a rationale. No, one might expect the mode to be breastfeeding since these were first-time mothers (primiparous) and breastfeeding has such positive outcomes for both infant and mother. Yes, one might expect bottle-feeding to be the mode since many of these mothers planned on returning to work. 10. No, the incomes were not similar for the two groups, but nor was the income significantly different for the groups. The means (M) and standard deviations (SD) for income indicate that the experimental (M = $35,675; SD = $23,969) and control groups (M = $41,450; SD = $17,527) were different. The control group subjects had an M, or mean, that was $5,775 higher than the experimental group, and the SD was much higher ($6,442) for the experimental group, indicating a larger range of incomes for that group. However, the narrative from the study indicatedà that the groups were not significantly different for any of the demographic variables. 1. What demographic variables were measured at least at the interval level of measurement? 2. What statistics were used to describe the length of labor in this study? Were these appropriate? 3. What other statistic could have been used to describe the length of labor? Provide a rationale for your answer. 4. Were the distributions of scores similar for the experimental and control groups for the length of labor? Provide a rationale for your answer. 5. Were the experimental and control groups similar in their type of feeding? Provide a rationale for your answer. 6. What was the marital status mode for the subjects in the experimental and control groups? Provide both the frequency and percentage for the marital status mode for both groups. 7980 7. Could a median be determined for the education data? If so, what would the median be for education for the experimental and the control groups? Provide a rationale for your answer. 8. Can the findings from this study be generalized to Black women? Provide a rationale for your answer. 9. If there were 32 subjects in the experimental group and 36 subjects in the control group, why is the income data only reported for 30 subjects in the experimental group and 34 subjects in the control group? 10. Was the sample for this study adequately described? Provide a rationale for your answer.
Wednesday, August 21, 2019
More Than Just the Disease by Bernard McLaverty Essay Example for Free
More Than Just the Disease by Bernard McLaverty Essay More Than Just the Disease, written by Bernard McLaverty has one major character, Neil. The story is seen through his eyes and illustrates the problems that he has to deal with at this point in his life. Arguably the biggest problem Neil has in the story is his psoriasis, this is also a contributor to another of his problems, which is his huge lack of confidence, and it also contributes in a profound way to his insecurity. McLaverty has written the character of Neil Fry with many quite complex problems one of which is the astonishing influence Mrs Fry Neils mother has on him. He frequently hears her voice in his head commanding him, telling him how he should act, what he should do in certain situations and how to feel on certain matters. This occurs when Neil is having breakfast with Michaels family. His mother, without being present, tells him that he should, Close his mouth when he is eating she goes on to say, Others have to live with you Neil. He hears her again when he is unpacking after arriving at Michaels holiday home. She says Be tidy at all times and then no one can surprise you. I could go on for pages listing more and more instances of this but I wont get any marks for doing that! I regress. Although Mrs Fry means absolutely no harm, in fact quite the opposite, when implanting these views, ideas and reactions into Neils head, she is actually contributing to many of Neils problems: such as his lack of confidence, his ignorance and his insecurity. Neil finds, when he goes to stay with Michael on the coast, that his mother is entirely wrong about the middle classes and how they live and behave. He finds contrary to his expectations that they do not fit the stereotype, they are not posh but in fact they are reasonably laid back. Neil is very insecure possibly, again, owing to his mothers domination over him and because Neil kept hearing his mothers voice A good example of this is him going to the bathroom to put on his pyjamas and buttoning the jacket right up to the neck, whereas Michael while bending his arms and flexing his biceps announces proudly; I only wear pyjama bottoms. This, as well as illustrating Neils insecurity, also is a good illustration of Neils massive under confidence and Michaels abundance of it. Neil lives in a very sheltered world and does not know a lot about the world beyond his home and school life. This is evident in one instance in particular; when Neil is making an excuse for not going swimming to hide his psoriasis he says, The fact isIve got my period. Mrs Wan helps Neil with his lack of confidence. She is a duchess and owns the house in which Michael and his family stay throughout the summer. While doing this she lives in a dirty caravan at the bottom of the garden with her millions of cats. Mrs Wan proves another one of Mrs Frys stereotypes is utter nonsense, she does not dress as expected not at all glamorously but does not seem to be interested in her appearance in the slightest. McLaverty describes her as being, An old woman in a bottle green cardigan and baggy mouse coloured trousers anda pair of mens leather gloves. She is a complete contrast to Mrs Fry who likes to be tidy at all times and cannot abide milk bottles at the table. If, with no background information you were asked to choose the duchess between the two of them it is most likely that Mrs Fry would be the one chosen. Mrs Wan, although only meeting Neil briefly, has a large influence on him, which is rather more positive than that of his mothers. She listens to his and seems interested in his opinions and experiences. Most importantly, however, she gives him confidence, the confidence to reveal his psoriasis instead of making excuses to get out of going swimming. She shares her experience of lepers with him this also helps him and boosts his confidence in a big way. The end of the story illustrates very well how Mrs Wans advice affects Neil. The closing scene could be taken as a symbol for life. Neil because of his under confidence dabbles in the shallows nervously, meanwhile Michael is out in the deep riding the waves and happily accepting all the challenges thrown at him by the sea knowing he will succeed. The story teaches Neil a lot. He is taught to move out with his mothers domination. Not to worry too much about how other people perceive him and that he should not be at all afraid of revealing his psoriasis, not keeping it hidden. He has nothing to be ashamed of and therefore he should not hide away or dabble in the shadows but be sure of himself, confident enough to do what he thinks best not what his mother often wrongly thinks he should do, to be his own person and not a clone of his mother.
Tuesday, August 20, 2019
Multinational corporations
Multinational corporations Multinational corporations are businesses that extend outside of their own country, whether they are located throughout the world or only in a couple other countries, they are considered multinational. The value adding activities which are owned by these companies are used to produce tangible goods or intangible services or the combination of both. There are many reasons as to why firms become multinational and there are various strategies for a firm to become multinational. The immediate motives of the Firms can be to expand business, to seek new market, or for additional profits and revenues. It may also be to concentrate on the economics of scale that a larger international demand can bring. The motive behind market seeking activities is strong among firms who have some advantage related to technology or brand which gives them a competitive advantage over domestic rival. Another reason for firms to become multinationals is to secure key supplies. A secure and privileged access to inputs and/or distribution outlets and market access afford many firms especially those in manufacturing, to have a competitive advantage over their less favoured rivals. A firm might also become multinational to have access to low cost factors of production. Factors of production like labour is a major cost factor in Europe and US and gives a competitive disadvantage compared to imports. So firms can offshore production to the host countries and become competitive. Low cost capital through government subsidies is also a strong force to become a MNC. The discussed factors have been well captured in product cycle theory developed by Professor Raymond Vernon. The theory suggests that the first phase starts with product development and innovation in home country as to maintain close linkage between research and production as well as the assumption that similar demand will be created in other similar market. The second stage assumes the product to be matured and production standardized as well as good demand from other market and an important form of revenues from the new business. Also, Competitors will observe the growing demand and try to establish themselves in the markets by setting up production in the importing country and becoming a MNC rather than an exporter. Finally in the last stage many competitors enter the market and focus is more on cost and resource seeking activities. The above discussed factors are traditional motives and the theory lost its power in 80s itself as the business environment became more complex. In the emerging motives the above forces that originally triggered firm to become a MNC became secondary. Increasing Scale of economies, RD investments and shortening product life cycles were not the choices for a firm to become MNC but rather a prerequisite for companies to survive in the business environment. Now the major motive for a firm to become a MNC is to capitalize on competitive positioning in multiple markets and leverage global information access. The above motives are purely reactive and opportunistic to the proactive business decision which sees international markets as major strategic opportunity. The decisions to become a MNC can be purely defensive, for example as a reaction to pressures in domestic markets. Overseas demand can help to offset seasonal or cyclical downturns in domestic demand. It can also be that the domestic market has become saturated or the product is coming to the end of its domestic life cycle. The above discussed motives are rational, logical and there are strategies used to become a MNC but on other hand the motive of firm to expand might be personal ego of managers and also for personal monetary benefit of business managers who want to expand at any cost as the salary might be attached to the volume of the business. These irrational motives create principal agent problem in the future. à Having explored why the firms become MNCs we now look at how firms become MNC. The prerequisites for being an MNC might be to have a distinctive competency to overcome the liability of foreignness and the firm must also have some organizational capability to operate in the global market. Moreover, the host country should also provide some location specific advantages so that the firm have strong reasons to invest there. These prerequisites are very important as they help to define the strategic options available to compete worldwide. The process of firm becoming a MNC starts with a combination of developing strategies, rational analysis and opportunism. Some firms may follow an internationalization model which was developed by Swedish academics from Uppsala. The model describes how a firm enters a foreign market and gains market knowledge by means of commitment of resources and how it gradually develops local capability and market knowledge to become an effective competitor in foreign market through several investment cycles. The firms may use the eclectic paradigm and transaction cost analysis approach which explains the extent, form and pattern of international production and how it is founded on juxtaposition à à à à à à à à à à à à à of the ownership specific advantages of firms contemplating foreign production, the propensity to internalise the cross border markets for these and the attractions of the foreign market for production (Dunning, 1988).à So the entry decision is taken in a rational manner based on the costs of transactions. The firms may also choose to enter the international market by low commitment and low control mode such as by exporting or subcontracting. Exporting is selling goods and services from one country to another. Exporting can be direct and indirect. Direct exporting can be done through agents and distributors. Direct exporting helps to proactively enter the foreign market. Indirect exporting can be done by export houses and confirming houses who are just the intermediaries. There are many contractual forms for international business like management contracts, Turnkey operations, manufacturing contracts, etc. Licensing and franchising can also be an option for a firm to become a MNC. Licensing means there is an agreement that one party can utilise or sell intellectual property in return for compensation. The problem with licensing is that there is a risk of ââ¬Å"leakâ⬠of knowledge and intellectual property and after the licensing agreement is over the partner can become a powerful competitor. Franchising which is also a form of licensing, gives certain rights to do business in a prescribed manner to other party in return for royalties or fees. Franchising can take form of manufacture- retailer franchise or wholesaler-retailer franchise and have similar risks that of licensing. There has been a tremendous growth in franchising especially in US AND UK. If the firm wants to penetrate deep in the market and wants fuller involvement and control, the firm can go for a joint venture or foreign direct investment (FDI). Joint venture which is a collaboration of two or more parties can be contractual or equity based. It has the means to overcome restrictions on foreign investments or imports. Firms have to share costs and/or technology and the shared approach permits economies of scale and a potential to enter market. Some joint ventures are formed but the true reason behind it is FDI. FDI might also face problems of disagreements over strategic direction, managerial functions or use of appropriate profits. Cultural difference can also be a major barrier in the joint venture. FDI which is a very high risk strategy can be explained as the establishment or acquisition of income generating assets in the host country over which the investing firm has control. It involves either taking control over established business in overseas market or developing a tailor made business operation. FDI can be broadly classified into two types, outward FDIs and inward FDIs. This classification is based on the types of restrictions imposed, and the various prerequisites required for these investments. The reasons for considering FDI are tariff quotas, tax breaks,grants, subsidies, and the removal of restrictions and limitations. Before opting for FDI a firm might also consider countertrade which is described as the most important trend in international business of emerging economies. It involves an agreement between two parties to pay in goods and services. There are many types of countertrade like barter, clearing agreement, compensation, etc. countertrade can open up trade where there are strict exchange controls or where the countries faces shortage of currency. In conclusion companies can become MNC by gradually moving up the scale from exporting and licensing to high commitment foreign direct investment. Some firms can directly adopt the high commitment strategy due to the maturity of market. In short, none of the approaches are necessarily right or wrong but should be consistent with the overall strategic intentions and motivations of the firm. The firms can start with one option and then by experience move towards another in light of degree of commitment and risk involved, set against the level of control and closeness to market. à à à à à à à à à à à à à à à à à Dunning, J.H. 1989. Multinational Enterprises and the Growth of Services. The Service Industries Journal,9. Bartlett, C.A. et al. 2006. Transactional Management. United States: McGraw- Hill. Whitelock. J. 2002. Theories on internationalization and their impact on market entry. International marketing review,19 Bellak.C. 1994. How Domestic And Foreign Firms Differ And Why Does It Matter?. Journal of Economic Surveys. 18. D. Laughton. 1995.à How firms internationalize their operations in B. Dawes, International Business: A European Perspective. Godiwalla,Y.H. 1986. Multinational Planning- Developing A Global Approach. Long Range Planning, 19.
Animals and Humans Are Not Equal Essay -- Argumentative Persuasive Ess
Animals and Humans Are Not Equal "Franklin was a vegetarian in his youth, 'believing that killing animals was "a kind of unprovok'd Murder." Later, however, Franklin 'was tempted by the smell of fish being fried. Having seen small fish in the stomachs of fish being prepared, he decided he could eat them if they ate each other." If animals eat other animals to sustain life, animals must be an excellent source of food. Meat contains many vitamins. Animals will have rights when they have the means to enforce them. They don't have the ability to reason as humans do. The human race has such a vast understanding of the necessities for all of the different species of animals to exist. Humans are far superior to any other animal because they are so advanced in technology. One advantage of advanced technology is, humans can store information as reference material. With all of this reference material humans can look back at previous mistakes so they don't do the same thing again. With this knowledge, humans can see and predict outcomes before a choice is made. Humans have the knowledge to enforce their rights, something no other animal has. The debate of whether animal rights are more important than human rights is one that people have argued mercilessly. Some people think all animals are equal. To understand this, humans must be considered animals. Humans are far more civilized than any animal, they have the power, along with understanding to control many types of sickness and disease. This understanding that humans have, keeps them at the top of the food chain. Factory farms produce the meat that most people in densely populated areas consume each day. The conditions in these farms aren't ideal. There isn't much room in thes... ...and gave them dominion over all that was in the earth. Animals are not equal to humans. There are those who will still fight for animal rights, but one might wonder if this issue isn't just an excuse for some twisted person to do bodily harm to another. "Brian Cass...was left with a three-inch head wound after the attack" (Cass). Here is a quote from the PETA celebrity spokesman, Bill Maher "To those people who say; My father is alive because of animal experimentation,' I say 'Yeah, well good for you. This dog died so your father could live. "Sorry , but I am just not behind that kind of trade off." What kind of attitude is that? Perhaps the people who feel this way should have no more rights than an animal. That is cold, that a person could say that. Human life is the most valuable to God or he wouldn't have given us the means to protect and preserve our rights.
Monday, August 19, 2019
Marriage and Family Therapy Essay -- Counseling
Marriage and Family Counseling: An Overview History and Development The field of marriage and family therapy is the youngest of all the fields of science. Physical science is the oldest, then the social sciences and then the fields of marital and family therapy (Olson, 1970). David Olson (1970) describes marital and family therapy as fraternal twins, with marital therapy being just slightly older than family therapy. Clinicians began showing an interest in the relationships between husbands and wives in the early 1930ââ¬â¢s. Some of the main catalysts to the growth and development of family therapy was the establishment of training programs such as the Marriage Consultation Center in New York (1929), the Marriage Council of Philadelphia in 1932 and the founding of the American Institute of Family Relations in 1939 (Olson, 1970). In 1942, the American Association of Marriage Counselors (AAMC) was organized to help facilitate the development of this growing profession of marital therapy (Olson, 1970). The fields of marriage and family therapy were born around the same time and developed along similar lines but were developed because of different needs. Marital therapy began because of the need to help improve the relationship between husbands and wives. Family therapy came along later as therapist began to realize that treating the family as a system was more effective than focusing on one individual in the family unit (Olson, 1970). In 1970, the AAMC changed their name to the American Association of Marriage and Family Counselors (AAMFC) to include family therapist (Olson, 1970). Although, marriage and family therapy is considered a young discipline, it is recognized as one of the five core mental health professions (AAMFT, 201... ...ilies, 16(3), 258-260. International Association of Marriage and Family Counselors (2011). IAMFC ethical codes. Retrieved May 7, 2012, from http://www.iamfconline.com/PDFs/Ethical%20Codes.pdf Jencius, M., & Duba, J. D. (2002). Creating a multicultural family practice. The Family Journal: Counseling and Therapy for Couples and Families, 10(4), 410-414. Murdock, N. L. (2009). Theories of counseling and psychotherapy: A case approach (2nd ed.). Olson, D. H. (1970). Marital and family therapy: Integrative review and critique. Journal of Marriage and the Family, 32(4), 501-538. Smith, R. L., & Stevens-Smith, P. (1992). Basic techniques in marriage and family counseling and therapy. Retrieved May 7, 2012 from ERIC (ED350526). Sporakowski, M. J. (1995). Assessment and diagnosis in marriage and family counseling. Journal of Counseling Development, 74(1), 60-64. Marriage and Family Therapy Essay -- Counseling Marriage and Family Counseling: An Overview History and Development The field of marriage and family therapy is the youngest of all the fields of science. Physical science is the oldest, then the social sciences and then the fields of marital and family therapy (Olson, 1970). David Olson (1970) describes marital and family therapy as fraternal twins, with marital therapy being just slightly older than family therapy. Clinicians began showing an interest in the relationships between husbands and wives in the early 1930ââ¬â¢s. Some of the main catalysts to the growth and development of family therapy was the establishment of training programs such as the Marriage Consultation Center in New York (1929), the Marriage Council of Philadelphia in 1932 and the founding of the American Institute of Family Relations in 1939 (Olson, 1970). In 1942, the American Association of Marriage Counselors (AAMC) was organized to help facilitate the development of this growing profession of marital therapy (Olson, 1970). The fields of marriage and family therapy were born around the same time and developed along similar lines but were developed because of different needs. Marital therapy began because of the need to help improve the relationship between husbands and wives. Family therapy came along later as therapist began to realize that treating the family as a system was more effective than focusing on one individual in the family unit (Olson, 1970). In 1970, the AAMC changed their name to the American Association of Marriage and Family Counselors (AAMFC) to include family therapist (Olson, 1970). Although, marriage and family therapy is considered a young discipline, it is recognized as one of the five core mental health professions (AAMFT, 201... ...ilies, 16(3), 258-260. International Association of Marriage and Family Counselors (2011). IAMFC ethical codes. Retrieved May 7, 2012, from http://www.iamfconline.com/PDFs/Ethical%20Codes.pdf Jencius, M., & Duba, J. D. (2002). Creating a multicultural family practice. The Family Journal: Counseling and Therapy for Couples and Families, 10(4), 410-414. Murdock, N. L. (2009). Theories of counseling and psychotherapy: A case approach (2nd ed.). Olson, D. H. (1970). Marital and family therapy: Integrative review and critique. Journal of Marriage and the Family, 32(4), 501-538. Smith, R. L., & Stevens-Smith, P. (1992). Basic techniques in marriage and family counseling and therapy. Retrieved May 7, 2012 from ERIC (ED350526). Sporakowski, M. J. (1995). Assessment and diagnosis in marriage and family counseling. Journal of Counseling Development, 74(1), 60-64.
Sunday, August 18, 2019
Technology and the Media Essay -- social issues
Technology and the Media In this essay, British historian and broadcaster Asa Briggs looks at how technological advances made in recent decades have created a revolution in the media, allowing people to communicate in ways they had never dreamed of. Briggs notes that although these new modes of communicationââ¬âincluding the television, the personal computer, the Internet, and other digital technologiesââ¬âare available throughout many parts of the world, these media may be used in different ways depending upon the prevailing political and social circumstances. Briggs also raises questions about the future of the media and how the unfolding media revolution will affect peopleââ¬â¢s lives. Technology and the Media The sense that the world is in the middle of a continuing communications revolution has been strong since the 1960s when television made its great breakthrough. It was then that the Canadian writer on communications, Marshall McLuhan, made his memorable statements that ââ¬Å"the medium is the messageâ⬠and that the world was becoming a global village. It was then too that the word ââ¬Å"mediaâ⬠became part of daily speech, covering not only electronic media, live television, but older print media, particularly the press. Comparisons were drawn between the progress and the development of television in the 20th century and the advent and diffusion of printing in the 15th and 16th centuries. Yet much had happened between. It was not until the 19th century that the newspaper became the dominant pre-electronic medium, following in the wake of the pamphlet and the book and in the company of the periodical. It was during the 19th century also that the communications revolution speeded up, beginning with transport, the railway, and leading on through the telegraph, the telephone, radio, and motion pictures into the 20th-century world of the motor car and the airplane. Not everyone sees that process in perspective. It is important to do so. It is generally recognized, however, that the introduction of the computer in the 20th century, followed by the invention of the integrated circuit during the 1960s, radically changed the process, although its impact on the media was not immediately apparent. It now became possible to combine thousands, later millions, of individual transistors on a single chip. Computers became smaller and more powerful. They became ââ¬Å"personal... ...iaââ¬âfrom books to motion pictures and from cable to satelliteââ¬âendanger individual freedom? Will the opportunity of choice, offered to individuals, mean that the field of choice will be genuinely widened? May we not have more and more of the same thing?It is logical to separate out questions relating to technological developments from questions relating to ownership and control, but, in practice, visions of the future world involve bringing them together. It is difficult in present circumstances to avoid the blurring of ââ¬Å"imageâ⬠(seeing the world as it is presented to us or as we present it to ourselves) and ââ¬Å"reality.â⬠Can ââ¬Å"truthâ⬠survive? The media in their mediation can create what has come to be called ââ¬Å"virtual realityâ⬠; and Internet can offer fantasy ways of escaping from the restraints of life as it is lived to a world of cyberspace. Cyber words have multiplied during the 1980s and 1990sââ¬âfrom ââ¬Å"cybernautà ¢â¬ to ââ¬Å"cyborgâ⬠through a whole new vocabulary. It may well be that through an effort to chart the words that we use, and the dates when they were first used, we can achieve a greater understanding of a continuing historical process that encompasses the future as well as the past.
Saturday, August 17, 2019
Mgt/311 Motivation Strategy Plan Essay
Abstract This paper will review the motivational strategies that best suits each of the three employees based on their characteristics. I would go on to describe the motivational strategies I have chosen and why they would suit theses three individuals. This paper will also point out the motivational theories that are best connected to the motivational strategies I have chose I have come up with motivational strategies that I felt was appropriate for all three individuals based on their portfolio from their self-assessments and their characteristics. In order to do this I had to evaluate each of the individualââ¬â¢s characteristics and see what best suited their interests. Mike is able to make reasonable decisions but could at times make rash decisions which could have a negative affect the way he makes decisions regarding his job. He lacks self-motivation when it comes to his employment. Mike is mildly emotional although it he may become overwhelmed under pressure. He has a relatively positive emotional outlook when it comes to his job. Mia tends be able to valuable decisions regarding her life and job which is a positive feature for her job. She also tends to be self-motivated but may become bored with her job from time to time. Mia emotions could interfere with job related issues because she seems to be highly emotional. She is able to work under li ttle to no supervision Positive emotional outlook about her job but this could fluctuate depending on stress level which means she would be open and receptive to helping others. Ray has a good since of direction when it comes to making decisions he too could work well under little to no supervision. He tends to be self-motivated but may need a boost here and there due to lack of interest. Like Mike Ray tend to have mild emotional reactions to job duties and job related stress but seems to be able to regulate his emotions. Great positive emotional outlook toward his job and tend to be very helpful to others. There are a few motivational strategies that I have chosen these strategies are in place to suit each of the three individuals. The strategies I have chosen is merit based pay plan, flexible benefits, employee recognition, employee involvement programs and bonuses. Each of the individualââ¬â¢s characteristics that benefits from one or all of these choices. The merit based pay plan would help the individual engage in their jobs better because great performance equals a great raise. Flexible benefits also helps them to choose benefit package that best suits their individual needs, this is seen as a perk of the job. Employee recognition would suit each of the individuals because this would help them feel good about the work they are doing and would make them want to keep doing a great job, it would also boost their confidence. Employee involvement is another strategy I would use because this would give the individuals to become more involved with not only their assigned job but with other things in the company as well. This would also help them to do things out side of their job and expand their knowledge. Lastly I chose bonuses I feel as if the company is doing well it would be because of the employees and the bonuses would also give the individuals something to look forward to and help them to want to keep up their performance because if their performance goes down the production of the company goes down and so will the bonuses (Robbins and Judge, 2011). The two motivational theories that are connected to my motivational strategies are two, factor theory and expectancy theory. According to Robbins and Judge (2011) expectancy theory is a theory that believes that employees would be motivated to a high level of effort when they feel as if it would lead to a better performance appraisal. The two motivational theories believe that a person is basic and their attitude towards their work could determine their success or failure (Robbins and Judge, 2011). With my strategy I not only want the individuals to have a good attitude towards their job but to also feel appreciated for doing their work. References Robbins, S. P., & Judge, T. A. (2011). Organizational Behavior (14th Ed.). River, N.J. Pearson/Prentice Hall. University of Phoenix. Employee Portfolio: Motivation Action Plan. Retrieved from University of Phoenix, MGT/311 Organizational Development website.
Friday, August 16, 2019
Consumer Law in Mauritius
TABLE OF CONTENTS Acknowledgementsâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦. Page 2 Sources And Referencesâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦.. Page 3 The Emergence of Consumers in societyâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦. Page 4 The Consumer viewed in an economical scopeâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦.. Page 4 ? Relationship between the consumer and the demand and supply theoryâ⬠¦Ã¢â¬ ¦. Page 4 ? Factors influencing demandâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦.. Page 5 What is Consumer Law?. â⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦.. Page 6 Why the need for Consumer Laws? â⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦.. Page 6 Consumer Vulnerabilityâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦.. Page 6 The Implications of Consumer Lawsâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Page 7 The Socio-economic evolution of Mauritiusâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Page 8 ? A brief history of Mauritiusââ¬â¢ economyâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦ Page 8 ? Consumer Protection Act 1998 (some sections) â⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Page 9 ? Fair Trading Act 1988â⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦.. Page 11 ? Breakthrough in the Consumer Protection Lawsâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦P age 13 ? ACIM as an advocate of consumer rightsâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Page 14 The right to Safe Environmentâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦. â⬠¦Page 15 The right to Safetyâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦.. Page 16 The end noteâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Page 17 Acknowledgements Our team would first of all like to thank Dr. Jankee for this opportunity of evaluating ourselves in a field completely new to us and to venture into the different aspects of our topic for a greater understanding. We would also like to thank Mr. Jayen Chellum ( Director Of ACIM ) for his unconditional support and interest into making us more aware of the threats to consumers in the Mauritian context and for showing us the path to take for the completion of this group assignment. Last but not the least, we are utterly grateful to Mr. Kailash Trilochun ( Barrister ), for his effort into demonstrating to us the legal aspects and implications of our project. 2 Sources and References ? Major Achievements of ACIM Stat Sheet ? Consumer Law ( Key Facts ) Book ? http://www. geocities. com ? http://www. google. com ? http://www. wikipedia. org ? http://www. supremecourt. mu ? http://www. wiki. answers. com ? http://openlearn. open. ac. uk ? http://www. bized. co. uk ? ttp://tutor2u. net 3 CONSUMER LAW The Emergence of Consumers in society In ancient times the countries of the world were governed by sole figures. Kings, emperors, sovereigns, rulers or whatever way they were entitled, bore the same similarity; that is all of them lead their respective countries as chiefs. The people had to abide by the laws and the word of those individual characters and possessed no tangible rights. They were therefore treated by rulers as pawns on a checker board. The condition of the people and their absence of rights stayed constant with the advent of a new type of social structure, the communist society. As centuries went by, the people became more aware of democratic methods and much more knowledgeable of the equality of other human beings in terms of gender, ethnicity and so on. This caused a revolution on a global scale as the rights of each and every human being started to be acknowledged and respected. With the emergence of a series of codes of conduct, later labeled as ââ¬Å"Lawsâ⬠, people began to enjoy a more civilized lifestyle. Trade became more commonplace and people relished the buying and selling of goods and services which ultimately resulted in the ââ¬Å"buyersâ⬠of goods and services being tagged as ââ¬Å"consumersâ⬠. The Consumer viewed in an economical scope A consumer, as defined by the doctrine, is an individual who enters into a transaction primarily for personal, family or household purchases. Yet in many routine cases a consumer is not necessarily a purchaser in the real sense of the term; a consumer could also be someone enjoying public and free facilities and yet demanding a top notch quality and the same standards as services or goods they pay for. Relationship between the consumer and the demand and supply theory A consumer is therefore expected to be someone who is a rational decision maker and who seeks to maximize utility and thus buys in accordance to his needs and wants for a greater satisfaction rate. 4 It is an undeniable fact that the consumer represents the demand in an economy; Therefore the greater the number of consumers, the greater the demand for products thus implying that the increase or decrease of consumers can directly affect demand in a proportional way. This situation clearly demonstrates that the viability of a certain market depends on the demand from those very consumers hereby entailing that not only does the consumer affect the demand but also has a great impact on the supply factor. In the instance of a shoe making factory, if the consumers, (here signifying demand), for the shoe industry fall in rate, then the supply for that particular good also suffers from this lack in demand rate. In such a case, the consequent scenario would either be that the consumers increase demand at a certain point in time and the factory survives the test of time, or the consumers turn away from that particular good for a long period of time thus compelling the factory to shut down. As a result this example shows us the direct relationship between the demand and supply and the role of the consumer in determining the survival of a particular market. Factors influencing demand However, we should consider the determining causes to fluctuating demand and the consequent supply before actually getting into the subject of what consumer law really is about. The particular factors influencing demand are as follows: (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) Fashion Avertising Age Quality Taste Income Size of the population Price of substitutes Price of complements These factors subsequently affect the judgment of the consumers and thus has a great impact on the supply and the market in general. What is Consumer Law? Consumer law is a particular fragment of law which is designed to protect consumers against abuse or any kind of unlawful transactions as well as providing them with the necessary legal means of obtaining reparations for damages caused by faulty products or inadequate services. However consumer law is a complex phenomenon, as it is never complete in itself and it is disseminated and scattered over various seemingly unrel ated statues which do not ensure a comprehensive and enhanced protection of the consumer. Why the need for Consumer Laws? The primary goal of such laws is to ensure that consumers have their rights clearly spelled out and that companies which sell goods or provide services can make out the demarcation line between lawful and unlawful activities involved in their businesses while dealing with consumers and thus happen to clearly get to know their responsibilities and what consumers expect of them in terms of quality and pricing. It is therefore obvious that the consumer and the suppliers or service providers are interrelated and interdependent, that is the supply or service providers rely on the demand of the consumer as much as the consumers rely on the supply of excellence in terms of goods and services. Thus this inter-reliant relationship makes it indispensable for the judiciary body and the government to ensure that both contracting bodies are in an equitable position, where there is no exploitation of the most influential party over the weaker one and this is where the consumer law comes into play. The main branches of law concerned with the protection of the end users and the abuse of and the compliance of these guidelines are firstly the Civil Law and the Criminal Law. Consumer Vulnerability The question of the rights of consumers is growing considerably important worldwide as days go by. Governments have implemented numerous laws to 6 assure that end users have the same rights as the manufacturers or service providers. Consumer Protection Law or Consumer Law is considered as an area of public law that regulates private law relationships between individual consumers and the businesses that sell goods and services. Consumer protection encompasses a wide range of different yet linked topics such as (i) Product Liability which implies that manufacturers, distributors, suppliers, retailers are liable for the damages or injuries their products cause in the eyes of the law. Privacy Rights pertaining to the rights of the consumer but more of a human rights issue about the right to privacy. For example, the right to keep a personââ¬â¢s religious practices on a private level. Unfair Business Practices such as fraud, misrepresentation and other consumer and business interactions. ii) (iii) Therefore these laws generally deal with the aspects of credit repair, product safety, service contracts, bill collector regulation, pricing, utility turnoffs, consolidation and personal loans that may lead to bankruptcy. All of these arguments actually pointing out the urgent and impending need for government legislation to advocate the basic rights of the consumer to have access to the best service or goods avail able without being victims of any kind of unlawful activities. The Implications of Consumer Laws Over the years, consumer laws have been growing in importance and have boosted in efficiency. These specific set of rules make it an obligation on businesses to respect the interest of consumers. In so doing, the consumer laws compel businesses to disclose detailed information about their products or services particularly in areas where the public, which in our case is referred to as consumer, is at risk, namely places where health, sanitary and hygiene issues are frequent. For instance fast food outlets and hospitals are the most common locations related to such aspects. 7 Thus it goes without saying that the protection of the consumer depends wholly and solely on their basic rights and the laws that regulate the parties involved, that is the goods or service provider and the end user. The Socio-economic evolution of Mauritius Putting aside the general aspects and characteristics of consumer laws abroad we reach a point where we do ask ourselves what exactly is the state of affairs regarding consumers and if the laws regarding their protection and fundamental rights in purchasing and enjoying quality service are being respected and complied with or not. Nevertheless, it is of utmost importance to turn back a little in time to properly assess the current situation and to be able to make a comparative study of the situation in the past and the situation today. A brief history of Mauritiusââ¬â¢ economy After Mauritiusââ¬â¢ independence in 1968, the country was in a situation of utter distress. Huge balances of payment defeat, soaring unemployment, a surging population and massive levels of debt are some of the major predicaments the state had to confront. Fortunately, with the help of the Professor Meade and quite a few political leaders of that time, the country somehow managed to withstand the harsh conditions and defy most of the apocalyptic predictions made about the survival of the country as an autonomous body. Mauritius adhered to the advice of Meade in its diversification process but used its own state creativity and capacity to deal with the pressing affairs of the country. The Mauritian State invested a lot of its intellectual ad financial resources into hauling out the majority of its people from utmost poverty and sparked a revolution of aspirations nationwide. What made Mauritian success story include industrial policies based on an expert-led diversification strategy, dedicated and competent bureaucracy, the dearth of conflicting ideologies, a strong welfare state, human faced structural adjustment, successful demographic control, tapping of preferential 8 rrangements, economics of ethnicity and cultures and a ââ¬Å"habitâ⬠for institutional engineering. Nevertheless it is an undeniable fact that with the beginning of this new technological, fast-tracked and globalization oriented era, new challenges are surfacing and along with them the uncertainties and queries regarding the shape and nature of democracy in the coming age. As such, in the Mauritian context, the consumer is protected under many legislative laws. Amongst other, the Consumer P rotection Act 1998 and the Fair Trading Act 1988. Below, here are some sections of the Consumer Protection Act of 1998 and the full version of the implemented Fair Trading Act 1988. Consumer Protection Act 1998 (some sections) 3. Maximum price (1) The Minister may, by regulations, fix the price of any goods specified in the First Schedule. A trader who sells or supplies any controlled goods at a price higher than that which has been fixed shall commit an offence. (2) 4. (1) Maximum mark-up The Minister may, by regulations, determine the maximum markup of any goods specified in the Second Schedule. A trader who sells or supplies any controlled goods at a price which includes a mark-up which exceeds the maximum mark-up shall commit an offence. Maximum recommended retail price (1) The Minister may establish a Code of Practice to provide for the method to be adopted for the determination of the maximum recommended retail price of goods other than controlled goods and, where he intends to do so, he shall give notice of the Code of Practice by its publication in the Gazette. 9 (2) 5. (2) Where a Code of Practice has been established under subsection (1), no trader shall act in breach of the Code of Practice. A trader who sells or supplies any goods for which there is a maximum recommended retail price shall affix a label in a conspicuous place on a specimen on any such goods indicating the maximum recommended retail price. A trader who affixes, in relation to goods referred to in subsection (1), a maximum recommended retail price provided for in the Code of Practice shall commit an offence. (3) (4) 6. Illegal charging of VAT A trader who, whilst selling or supplying any goods ââ¬â (a) charges VAT where VAT is not chargeable by him; (b) (b) charges a higher rate or amount of VAT than is lawfully chargeable, shall commit an offence. . Price label (1) Where VAT is chargeable by a trader in respect of any goods, the trader shall affix a label in a conspicuous place on a specimen of the goods indicating the total selling price of the goods inclusive of VAT. (2) Where VAT is not chargeable by a trader on any goods, the trader shall affix a label in a conspicuous place on a specimen of the goods indicatingââ¬â (a) the selling price; and (1,) that the amount of VAT is NIL. (3) (4) A trader who fails to comply with subsection (1) or (2) shall commit an offence. For the purposes of this section, the Minister may prescribe the form or colour of a label or any distinctive mark which such label shall bear. 10 8. Selling at a price higher than that displayed (1) No trader shall sell any goods at a price which is higher than the price shown on a label affixed pursuant to section 7. A person who fails to comply with subsection (1) shall commit an offence. (2) 9. Misleading price indication A trader who gives (by any means whatever) to any consumer an indication which is misleading as to the price at which any goods are sold or supplied shall commit an offence. Fair Trading Act 1988 1. Short title. This Act may be cited as the Fair Trading (Amendment) Act 1988. 2. Interpretation. In this Actââ¬Å"principal Actâ⬠means the Fair Trading Act. 3. Section 6 of the principal Act amended. Section 6 of the principal Act is amended by adding immediately after the word ââ¬Å"competitionâ⬠the words ââ¬Å"or of promoting, establishing or observing any exclusive sales agreement or monopoly in connection with the production and supply of goods, branded or otherwise, or of services. â⬠4. Section 13 of the principal Act amended. Section 13 of the principal Act is amended by deleting the words not exceeding 10,000 rupeesâ⬠and replacing them by the words not less than 10,000 rupees and not exceeding 50,000 rupeesâ⬠. 11 5. Section 14 of the principal Act amended. Section 14 of the principal Act is amended by deleting the words and to imprisonment for a term ââ¬Å"and replacing them by the words together with a term of imprisonmentâ⬠. These pieces of legislative law are here to protect consumers against abuse. Being a mixed law, some of the laws have been translated into English as in many issues it is the ââ¬Å"Code Civil Mauricienâ⬠and the ââ¬Å"Code de Commerceâ⬠which is mainly used. At international level, particularly in England, protection in criminal law falls into three main categories: (i) (ii) (iii) Unsafe goods- Consumer Protection Act 1987 Part II and the General Product Safety Ragulations 1994 Trade Description Act 1968 Misleading price- Consumer Protection Act 1987 Part III Then again, the position of Mauritius concerning Consumer protection laws, ts practice and enforcement are contemptible and our small budding island lags behind in the specific field as compared to countries such as France, the United Kingdom, and the United States. In this light, our current system lacks the administrative machinery for a strong consumer umbrella. Our fellow consumers are therefore not sufficiently sensitized about the existence and the recurrent themes of the consumer laws that shield them from eventual harm or abuse by traders, businesses and other groups which are usually better equipped and more resourceful than the general consummating public. Consequently, the lack of knowledge about these laws creates a situation where the ignorant consumer has to face new sales techniques, ruthless publicity and marketing of a large variety of goods and services in the market, such that the latter is in no position to assess the defects and shortcomings that might be found therein. On the other hand, the suppliers are tempted to follow diverse unfair practices such as sub-standard quality, adulteration, incorrect quantity and excess pricing amongst others. 2 Breakthrough in the Consumer Protection Laws It would however be unjust to belittle the work of our Legislature who has made several provisions in accordance with the consumer welfare state and the demand and supply for consumer goods and services, as a result of the expansion in technological and industrial fields. The Legislature enacted laws intended to protect the consumer against deceit, injury and exploitation, among which are: 1. The Civil Code 2. The Hire Purchase Act 1964 3 . The Supplies Control Act 1972 4. The Fair Trading Act 1979 5. The Trade Marks Act 6. The Consumer Protection Act 1991 7. The Consumer Protection (Price and Supplies Control) Act 1998 8. The Food Act 1998 The Consumer Protection Act of 15 June 1991 seeks to extend the reach of protection to the consumer and eventually develop into the proper safety of the consumer. Regrettably, its aims are less achievable as the application is limited to certain products only. (Refer to S3 (2)). Sect. : Consumer Protection Act The General Safety Requirements: (1) No person shall apply any goods which suffer from any fault with regard to any prescribed quality, quantity, potency, priority or standard or in the case of any machinery or motor vehicle, with regard to the quality, nature or manner of its performanceâ⬠. (2) This section shall not apply to(a) growing crops or things comprised in land by virtue of being attached to it (b) water, food, animal feed or chemical fertilizer (c) aircraft 13 ( d) drugs or medicine (e) tobacco and (f) goods intended exclusively for export under the Export Processing Zone Certificate. A more considerable addition to the existent consumer laws is found in section 5 of the Consumer Protection Act which endows the enforcement authority with a slightly additional power of control over the supply of goods which might not safe for use or consumption. This Act has mainly repeated fundamental provisions of other laws without concretely solving new practical problems, for example, in the revision of standards in contract. Moreover, consumer movement is more accessible to the elitist community and fails to mobilize the masses, who are the real victims of the system since they are confronted to financial constraint. ACIM as an advocate of consumer rights Fortunately some particular consumer oriented private organisations have stepped forward for the rights of the end user but the most recognisable of these organisations is most probably ââ¬Å"lââ¬â¢Association des Consommateurs de lââ¬â¢Ile Mauriceâ⬠(ACIM), who has made a laudable effort into making the most regarding the protection of the consumer, the needs of the Mauritian consumer and has aroused a lot of questions about certain government practices which could prove to be prejudicial to the consumer. Thus ACIM has not only created a means of assistance to the public in matters dealing with the abuse and violation of consumer protection laws but has also proved to be the acting watchdog in hindering practices (again referring to the unfair business practices), that are detrimental to the consummating community, be it governmental decisions or supply and service provider faults. Also, this particular association has over the years stressed on a number of disturbing facts and alarming situations about the Mauritian consumer laws and their adherence. One such troubling and at the same time unfortunate fact is that the laws concerning the rights and the protection of the consumer are too decentralized, that is the local authorities that include municipal or district councils each have their own respective ways of interpreting the laws in their areas of jurisdiction. In so doing, the consumer laws are in a certain sense baffled by territory issues, despite the fact that Mauritius is seen as a considerably small island, making it not only difficult to understand exactly what laws are applied 14 n the interest of the consumer in different regions but also to deal with the various implications the laws hold in their relevant territories. Below are a few of the major achievements and projects of ACIM in the past years: 1. In 1992, ACIM in alliance with other NGOââ¬â¢s succeeded in holding the proposal for the construction of a nuclear power station by the Minister of Engery, on grounds that it would both be uneconomical and environm entally unsound. 2. In 1990, ACIM won a major victory against the Central Electricity Board when this public enterprise was ordered by a Supreme Court judgment to reimburse 182,777 electricity consumers for the unlawful double billing of electricity charged for the month of June 1986. The total amount reimbursed was 38 Million Rupees, interest inclusive. 3. In 1989, the Mauritius Broadcasting Corporation (MBC) increased the license fee of consumers by 400%. ACIM launched a national protest and managed to make the government back for 26% of the consumers. In addition, ACIM entered a court case to contest the constitutionality of a regulation that was made by government threatening to cut electricity supply if people refused to pay the totality of their TV license fee. Judgment was delivered in January 1992 by the Supreme Court. ACIM won the case. When looking at these particular cases, we finally get to understand a little more of just how complex the consumer laws and their applications in terms on consumer protection are. The right to Safe Environment One noteworthy fact, that should presently be a major concern to the world in general and specially to our small island, in terms of its geographical situation, is the right of consumers to enjoy a safe environment. Is it a sad truth that the private organizations here in Mauritius have limited resources and are incapable of really drawing the governmentââ¬â¢s attention towards this phenomenon that is starting to affect not only us but the world as a whole. 15 The need for environmental conservation is seen as a necessary defense against deteriorating quality of life worldwide. All consumers are victims of contaminated food and water supply, pesticide-ridden food, adulterated milk and choking exhaust fumes emitted from vehicles. According to a World Bank report, India is being pushed back due to its high environmental costs which implicates 24,500 Million Indian Rupees each year in terms of air and water pollution alone. Valuable resources and man-days are lost due to polluted environment and living conditions. Consumers need to understand that only a safe environment can ensure the fulfillment of their consumer rights. Hopefully, ââ¬Å"Consumers Internationalâ⬠, a nodal agency of consumer organizations worldwide, has set up a number of guidelines for ensuring the consumersââ¬â¢ right to safe environment. A few of these major guidelines are; 1. Promoting the use of products which are environmentally sustainable. 2. Encouraging recycling. 3. Requiring environmentally dangerous products to carry appropriate warnings and instructions for safe use and disposal 4. Promoting the use of non-toxic products by : a. Raising consumer awareness of alternatives to toxic products. b. Establishing procedures to ensure that products banned overseas do not enter national markets. c. Ensure that the social impacts of pollution are minimized. d. Promote ethical, socially and environmentally responsible practices by producers and suppliers of goods and services. These measures therefore ensure that the consumer is not abused of in terms of environment and that the latter enjoys the fundamental right of the human being to have access to a sound environment. The right to Safety Consumer right to safety is as vast in its purview as the market reach itself. It applies to all possible consumption patterns and to all goods and services. In the context of the new market economy and rapid technological advances affecting the market, the right to safety has become a pre-requisite quality in all products and services. For instance, some Indian products carry the ISI mark, which is a symbol of satisfactory quality of a particular product. The market has for a long time made consumers believe that by consuming packaged food or mineral 16 water, consumers can protect their health but this notion has been proved wrong time and again due to rampant food adulteration in market products. Right to the food safety is an important consumer right since it directly affects the quality of life of the consumers. The end note All of these measures therefore converge in the same global direction of safeguarding the basic rights of the consumer; that is for the consumer to enjoy the best quality and standards in all aspects of their lives, but the real question we are inclined to ask ourselves is whether the consumer of today is even aware of the benefits the consumer laws bestow on them or do they simply take pleasure in hiding under the shields of a panoply of invisible laws? The awareness of the existence of these laws is certainly of utmost importance; nevertheless the most vital interrogation in the communities worldwide should be about the survival of these laws and their enforcement over the test of time for the benefit of the consumer and consequently, the viability of all types of markets. 17
Thursday, August 15, 2019
Hank Williams
Hiram King Williams, also known as Hank Williams, was born on September 17, 1923 in Mount Olive, Alabama. His dad was Lon Williams, a locomotive engineer. His mom was Lillie Williams, a church organist. Hank spent most of his childhood in Georgiana and Greenville, Alabama. Hank Williams was a key person in the development of modern country music. He caused a shift in country music from a regional, rural phenomenon to a nationwide, urban acceptance in the late 1940ââ¬â¢s. He turned ââ¬Å"hillbillyâ⬠music into country music. He became interested in music at a very early age. He learned to play the organ from his mother. He could also play the harmonica. His mother gave him his first guitar when he was eight. His father walked out on the family when Hank was a young child. It became the responsibility of his mother to raise Hank and his siblings. She was a very strong willed woman. He attended Sidney Hanier High School in Montgomery. He quit school when he was 16 years old. He was raised as a fundamentalist Baptist. The music and sermons from his childhood had influenced him. ââ¬Å"My earliest memoryâ⬠Rolling Stone writer Ralph J. Gleason (as quoted by Williamââ¬â¢s biographer Colin Escott) ââ¬Å"is sittinââ¬â¢ on that organ stool by her and hollerinââ¬â¢. I must have been five, six years old and louderââ¬â¢n anybody else. â⬠In 1937, Hankââ¬â¢s mother opened a boarding house in Montgomery. Hank helped the family income by shining shoes, selling newspapers, and peanuts on the street. This is where he met Rufus Payne, a black man, known as Tee-Tot. He taught Hank to play the guitar. He would follow him around on the street begging him to teach him to play. He would pay him 15 cents or whatever he had for a lesson. Payne also helped him overcome his shyness. He is the one that the blues influence came from. He made his very first radio performance at the age of thirteen. He formed his first band when he was fourteen years old. I was called Hank Williams and his Drifting Cowboys. He began wearing cowboy hats and western clothes. He sang without amplification and above the sounds of the band. He developed a full throated style of singing. It was similar to Roy Acuff from the Grand Ole Opry. Hank was turned down for the military service because of his back problems. Near the end of the war he began pursuing his musical career again. He started performing at dances nd local events. He also started playing at ââ¬Å"honky tonksâ⬠. These were rough and rowdy beer joints that the cityââ¬â¢s new comers went to. Williams began abusing alcohol. This problem haunted him the rest of his life. It was partly because of him trying to self medicate the terrible back pain that was caused by a congenital spine disorder. When Hank was 20 years old he met Audrey Mae Sheppard. She was a single mother and separated from her husband. She and Hank married after her divorce was final. They were married by a justice of the peace at a gas station near Andalusic, Alabama in December 1944. They had a child Hank Williams, Jr. in 1949. Hank and Audrey visited Nashville to meet Fred Rose, the head of Acuff-Rose Publishing. The meeting resulted in the recording of ââ¬Å"Never Againâ⬠and ââ¬Å"Honky Tonkinââ¬â¢Ã¢â¬ . This led to signing a contract with MJM. Rose became his manager and record producer. ââ¬Å"Lovesick Bluesâ⬠became Hankââ¬â¢s trademark tune. It began with a yodel. It spent a year on the charts, including sixteen weeks at the top. He suddenly found himself on a roll. He quickly recorded two more songs, including ââ¬Å"Mind Your Own Businessâ⬠. They say this song was aimed at his wife. Audrey began to push for more of her own spot in the stardom as he became more famous. They had recorded several sets and she had played with the band some. It was said that her voice was shrill and tuneless. They also said that she didnââ¬â¢t have a very good sense of time. In 1950, he had more successful songs. He also released a series of religious songs with his wife. He used his connections to get a recording contract for her with DECCA. They were not as successful. H recorded his religious narrations talking blues under the name ââ¬Å"Luke the Drifterâ⬠. Luke the Drifter walked with Hank Williams and talked through him. These recordings were the closest Hank Williams came to bearing his soul. Hankââ¬â¢s musical career was very successful, but his personal life was falling apart. This was mostly caused by his alcohol abuse that was intensified by his rocky relationship with his wife. This found its way into the words of his songs about heartache, heartbreak, and the break- up of relationships. Hank and Audrey divorced in 1952. As he began to earn more money and spend longer periods of time away from home he began to drink more frequently. While on a hunting trip in Tennessee, he tripped and fell re-hurting his back. He began taking morphine and other painkillers to help control the pain. He quickly became addicted. Following a short tour in Texas, Hank, returned to Montgomery in December to rest before going to Canton, Ohio on January 1, 1953. He was scheduled to play in Canton. Charles, a friend and his driver, was stopped for speeding on their way to Canton. The police officer saw Hank in the car and thought he looked like a dead man. He was then taken to a West Virginia hospital and was declared dead at 7:00 a. . He had died in the back seat of a Cadillac on his way to the concert. He was buried three days later in Montgomery. There was a record crowd attending. His last single released before he died was ââ¬Å"Iââ¬â¢ll Never Get Out of This World Aliveâ⬠. It reached number one immediately after his death. In 1953, they continued to release his records that hit number one including ââ¬Å"Your Cheatinââ¬â¢ Heartâ⬠Hank Williams was a recording artist for only 6 years and recorded 66 songs under his name (more under Luke the Drifter and with Audrey). Out of the 66 songs 37 of these were hits. Bibliography http://www.allmusic.com/artist/hank-williams-p138231/biography http://britannica.com/EBchecked/topic/644353/Hank-Williams?sections=644353
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