Tort of Negligence
Crippling of large companies is quite common in Australia. Such ruins, leads to many losses to relevant stockholders, more specifically, third parties. Under such incidences, blame game is also a common scenario and none of the auditors face the wrath of third parties with professional negligence claims. The claims are costly to auditors because of indemnity insurance therefore, the implementation of law on negligence of auditors in the country.
The negligence tort also helps the court to offer prove on breach and existence of duty of care when handling such cases. Consideration of policy also plays a crucial role in the decisions. This means normative thinking where the court employs logic to the rights of individuals and more specifically on any new development. Since the tort of negligence is still new, many policies are still considered when it is applied.
This is based on the fact that the negligence duty of care is a broad concept without a meaning that is clear cut. Many tests are also needed to determine the presence of real elements and the ability to foresee by the defendant. The defendant’s proximity and plaintiff is additionally an issue in such cases. Policies therefore enable the court to acknowledge a reasonable duty care and in discretion. This in the end helps to determine the defendant’s legal obligations.
Negligence tort cases are broad ranging from government, education, business and medical institutions. Many cases have been in the past handled by the Australian High Court. The cases can enable one to comprehend the employment of this kind of tort. For example, the Cattanch v Melchior (2003) HCA 38 involves negligence in a medical environment.
In the case, Doctor Cattanach had been asked to carry out tubal ligation by the plaintiff because she did not want another kid due to financial factors. The defendant did not operate on the second fallopian tube of the plaintiff as a result of assumptions. She conceived and therefore sued the doctor for negligence. The doctor was found guilty and paid for consortium, pregnancy, and child maintenance and birth charges.
The decision was based on the negligence of the doctor in his duty to explain to the parent that there is still a probability for conception. Even though the child born was healthy, there were legal expectations in terms of taking care of the kid by parents and it was carried on by the medic because the patient had indicated financial constraints when seeking the service.
Therefore, the award for the damages was approximated and the medic paid more than $210,000 and it was a case of a positive wrongful life claim. In another tort of negligence, Harriton v Stephens (2006), the plaintiff did not make a fruitful wrongful life claim. The appellant, Harriton, sued her mum’s doctor for wrong pregnancy advice when she was paged with her.
Her mother had been infected with rubella virus and at the time, this made her give birth to a disabled child, Harriton. Harriton therefore felt that the medic was responsible for negligence of duty of care because her mum would have had the pregnancy terminated if she was well advised.
However, the case was dismissed by Justice Tim Studdert but later on Harriton made an appeal at the New South Wales Supreme Court. The court dismissed the case because termination of the pregnancy is not a moral value and Harriton’s conception was not the responsibility of the medic.
These two cases represent clear examples of negligence of tort application in Australia. They depict the significance of proving duty of care existence as well as breach of duty and responsibility of damages before a judgement is passed. This creates a basis for the case in relevance to negligence tort where auditors are involved.
Auditors are presently responsible to the tort of negligence. The purpose of this law is to offer protection to the auditing profession by ensuring that there are sufficient auditing companies to enhance competition in Australia. The liability of the auditor can be classified under the law of contract depending on the plaintiff. The common tort of negligence law in Australia is only liable if there is a breach of an existing duty of care leading to damages.
This guideline of negligence is however different from that, evident in the Donoghue v Stevenson’s case. In Donoghue v Stevenson (1932) AC 562, the plaintiff may not sue the defendant because there was no existing contract between them. In this case, the plaintiff had purchased a bottle of ginger beer only to discover that there was a decomposing snail in the bottle after drinking the contents.
In this case therefore, the plaintiff should have sued beer manufactures. This case therefore used the locality principle whereby, there is no contract between people and each person is responsible for actions taken with reasonably foreseeable negative effects on the other person. According to the principle therefore, a duty of care can exist even in the absence of the contract.
I therefore agree with the present negligence of auditor’s law as it offers room to the defendant to defend his or her case. Auditors are responsible to several standards and laws especially in Australia from both the governing units and the government. As a result, their obligations and duties are broad thus; there is a greater liability risk in this kind of profession.
Many theories for instance the ‘’deep pockets’’ theory assumes that auditors are in a position to pay for indemnity cover without any problem yet this is not always the case. This further threatens the existence of the profession and the common law requirement calling for proof of an existing duty care, damages from the breach of duty and the breach of duty itself to ensure fair justice.
If the plaintiff is confident that violation of duty care has occurred, then it will not be difficult to provide essential evidence. Lack of evidence will mean that the auditor is innocent. Corporate crippling is as a result of different factors and it is not fair for any auditor to unduly bear the blame. The neighborhood principle is also to general to be used in this case because it would mean that auditors are not responsible for commercial collapses.
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“Negligence & Foreseeability: Doctrine of Law or Public Policy.” Australian Insurance Law Bulletin. 1999. Web. http://www.supremecourt.tas.gov.au/__data/assets/pdf_file/0003/53760/Negligence99.pdf
Davies, Martin. “Liability of auditors to third parties in negligence.” Australasian Legal Information Institute. 1991. Web. http://www.austlii.edu.au/au/journals/UNSWLJ/1991/7.pdf
Grey, Alice. Harriton v Stephens: life, logic, and legal fictions. Sydney law Review. 2008. Web. http://sydney.edu.au/law/slr/slr28_3/Grey.pdf
Mason, J K. “A turn-up down under: McFarlane in the light of Cattanach.” Scripted. 2004. Web. http://www2.law.ed.ac.uk/ahrc/script-ed/docs/mason.asp
Nguyen, Vylan. and Rajapakse, Pelma. “An analysis of Auditors’ liability to third parties in Australia.” Common Law World Review. 2008. Web. http://www98.griffith.edu.au/dspace/bitstream/handle/10072/23782/51198_1.pdf;jsessionid=ACDBE84BA5F947A944613A5B90DA1AF4?sequence=1
Witting, Christian. “Tort Law, Policy, and High Court of Australia.” Melbourne University Law Review. 2008. Web. http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1101185
Doepel, Mark. and Downie, Chad. “A comprehensive guide to tort law reform throughout Australia.” Kennedys. 2006. Web. http://www.kennedys-law.com/files/Uploads/Documents/AusGuidetoTortLaw_November2006.pdf
Wal-Mart Strategic Competitiveness
Wal-Mart is one of the amazing success stories in the history of the world. The company found by Sam Walton in 1962 started as a mini discount shop in Arkansas. Since its inception, it has grown to be the global largest corporation. It appears almost unbelievable that the organization has grown to be the second largest organization in less than sixty years.
Almost one third of the country’s population shops at Wal-Mart on weekly basis (William, 2010). Additionally, up to 93 percent of households in the US visit the store at least once a year. In the financial year ending 31st 2006, the slogan for the company ‘’every day low prices’’ made about $354billion in more than 500 hundred facilities in more than 15 nations and with more than 1.4 million staff members.
Wal Mart stores in the USA generate about 8.8 percent of all retail sales (William, 2010). It was also profitable and in 2009, it earned 14.7 percent of invested capital return (Hitt & Hoskinson, 2013). It was as a result ranked top of its competitors Target and Costro with 10 percent and 9.4 percent respectively. Currently, the company has more than 3900 stores in the US alone and has since been considered the national commons.
This paper will therefore evaluate the role of technology and globalization changes in competitiveness in regards to Wal-Mart, and how the company’s vision and mission statements have affected its overall growth.
Vision and Mission Statements
The most significant feature of the strategic management process according to Hitt and Hoskisson (2013) is to design a company’s mission statement. This should provide a background within which the formulation of objectives will take place. A mission statement defines the organization’s reason for existence clearly where the company hopes to be in the future is known as vision and the major goals are the key values of an organization’s statements.
In the USA, the success strategy for the company is based on the sale of branded products at an affordable price. The store grew rapidly by reducing its prices compared to local retailers and as a result, keeping them off business easily (William, 2010). This is why the company has managed to do exceptionally well in a retail industry characterized with cut throat competition.
“If a company’s strategy results in superior performance, it is said to have a competitive advantage”. Wal-Mart has rapidly enhanced competition based on establishing new knowledge while creating the first, mover benefit, price and quality positioning as well as competition to help protect and invade markets that are geographically established. This has enabled the company to enjoy superior performance from 1994 to the present despite growth of new rivals.
The store has additionally achieved a cutting edge over its competitors (Hitt & Hoskisson, 2013). Its higher profitability replicates an economic advantage that depends on successful implementation of different strategies. The company was also among the top first movers to employ the self-service strategy created by grocery stores to common merchandise.
The company is also focused on suburban locations and southern towns that are often ignored by its competitors including Target and Kmart. Even so, the industry in which a company competes has a major influence on its performance compared to internal forces of management. The components of the industry may include various factors such as economies of scale, diversification and differentiation of production among others.
The external environment in which Wal-Mart operates imposes constraints and pressures that govern strategies leading in average returns above. Therefore, a company will create and develop internal skills needed by external environment to point out what a company can make of existing opportunities.
Technology is one of the most crucial elements of competitive advantage. The ability to effectively and efficiently access and utilize IT has been considered an essential resource of economic advantage (Tsui, 2012). IT includes virtual reality, PCs, massive databases, electronic network, artificial intelligence, online business and cellular phones.
The success story of the Wal-Mart is therefore not restricted to its location strategy. The company is an innovator driver in information systems and logistics. It paved way for retailers in the US in the creation and application of high quality goods tracking system that utilized a bar code technology as well as checkout scanners. The company through the technology was in a position to keep track of sales and make necessary adjustments to its stores accordingly to match the found in store products with the demand of locals.
This made it possible to prevent any unnecessary stoking and as a result, not holding any periodic sales to shift unsold inventory. Later on, the company connected the information system to a state distribution network facility where the inventory was kept before shipping other products within a radius of 300 miles.
The inclusion of information and distribution centers also led to a reduced number of inventories that the company held in stores thus, devoting more time to selling of space, which also reduces the capital it held in its inventory over time. the company also influenced its suppliers to have an electronic network in its stores to cut down on geographical distance between them, store information on daily sales, expenses, profits and loses gathered, evaluated and processed electronically on real time basis.
On the other hand, IT development has been a major driving force behind globalization and that it has since been considered the focal constituent of a company’s global business strategy. It has also been embedded in almost every field including economic government, business or social fields.
Globalization has also affected the way in which the world operates. According to Hitt and Hoskisson (2013), it is “the intensification of global interconnectedness, suggesting a world full of movement and mixture, contact and linkage, and persistent cultural interaction and exchange”. Today, different markets have gone global thus evaluating the environmental situations in the industry would also mean evaluation the effect of globalization on completion in a given industry.
Even so, according to Tsui (2012), globalization is a process of enhancing flow of capital, humans, products, images and idea across the globe. Wal Mart- has transformed from small scale retail business to a global company at an impressively increasing rate. It has more than 4000 operational stores in the US and more than 1, 6000 facilities in Canada, Mexico, Brazil, Puerto Rico, Germany, China, Korea, Argentina and the UK.
Additionally, the company has embraced the global supply chain integration that is monitored by multinational producers as well as distributors. Even so, globalization has led to growth of competition amongst companies. Trade is taking place across nation’s leading to importation of products from all global corners. This has also forced the store to keep up with new trends and changes to maintain an edge in the market.
Its growth has also been seen by others to have long term benefits. The company is too be and could experience profitable growth limits (William, 2010). Wal-Mart is also a target of law suit constantly and many staff members across the globe have various lawsuits claiming that the company’s culture segregates against them.
Globalization is a strategy of spreading out the political, social, cultural and economic practices across frontiers. It has brought about time-space compression. The change between different moments and space between localities are reduced and shortened. The company recognized this opportunity and planned on global markets. Additionally, it has firsthand facts on information systems, logistics and human resource practices. These strategies when combined together had led to enhanced productivity and reduced costs compared to any other competitor.
This also helped the company to generate high levels of profit while trading at low prices. This analysis further reveals that a company can move from production facilities to another country to expand into developing markets aggressively.
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Hitt, M. A., &Hoskisson, R. E. (2013). Strategic Management: Competitiveness &
Globalization. Mason, OH: South-Western Cengage Learning.
Tsui, E. (2012). Technology in Knowledge Management. Bradford, England: Emerald Group
William, F. A. (2010). Center of Global Leadership: Wal-Mart Stores, Inc. Norwood, N.J: Ablex
Organizational Politics and Leadership
It is the desire of every organization to grow from one level to the other. This kind of movement is however possible when members of the organization embrace team work and are motivated to work towards a common goal, without necessarily compromising any stakeholder within which the company operates (Hubbard, 2006, p.1).
Enhancement of performance is therefore a gateway through which a company can achieve greater heights in terms of success and performance. it involves (performance enhancement) ensuring that those within a company realize their full potential through transition from good to great and by doing, it enables the company to move upwards even in the event of troubling moments.
However, different issues in a company can prevent as well as enhance performance. They include leadership personality, organizational culture, organizational politics and trust. Depending on their state and handling, these issues can determine the success of the organization and whether it will realize its objectives or not.
Organizational politics often impact company performance a great deal especially in the pursuit of personal interest and company agenda. Through it, people can interact freely on different scales thus, affecting the performance of employees negatively or positively and in the end, the performance of the entire organization (Bedi & Schat, 2013).
In a company that encourages productivity via the leeway in which staff members can make personal decisions and enjoy rewards following exceptional performance for example appointment of exceptional performers as supervisors that greatly enhance company performance. In this case, staff members have confidence in their work and respect for the organization and its management. In essence, it helps to boost their attitude towards the company thus leading to excellent performance, promotion at work and pay rise.
Literatures on company politics recommend that it is an epidemic tendency in organizations with ability to interfere with normal processes in a company (Vigoda, 2000;Bedi & Schat 2013). Employees have as a result registered negative results in their attitude and performance in the company due to politics. According to Bedi & Schat ( 2013), perceived company politics amongst staff members generates negative results both to the staff and the organization including high level of stress related to work, low job commitment levels as well as lower job satisfaction rate.
Therefore, any form of company politics can greatly affect its performance amongst staff and in the end, the entire organization. The effects of organizational politics are even more severe in public settings compared to the private sector. Company politics according to Vigoda (2000), leads to negligence at place of work and in some cases, exit from work.
Employees in the public sector as a result neglect their duties as a response to organizational politics. This has generated negative results on their remunerations and their jobs. For instance, employees in the public sector are not compensated for their efforts and performance (Vigoda, 2000).
The effect of such politics in an organization is negligent staff behaviors and negative attitudes towards work which can “yield low-quality work outcomes and poor and ineffective public services, Low efficiency of public systems threatens large populations and thus carries high potential damage for the society” (Vigoda, 2000, p. 342).
While it can be quite hard for low income staff to exit the public industry because of limited job opportunities and options, many highly educated employees can easily exit their jobs positions in the private and public sector when overwhelmed by company politics (Vigoda, 2000). In the event of such exits in the public and private sector especially by competent staff, low level of performance is registered in the organization.
Besides organizational politics that affect a company profoundly, there are still other factors that affect company performance. Leadership is one of the issues which, according to some studies, have underplayed as insignificant in the performance of a company while others reveal that it plays a crucial role in performance with close to 50 percent performance disparity (Peterson et al, 2003).
Research on influence leadership to the performance of an organization however did not stop at leadership alone. It also focuses on other issues of a leader that impact his or her relationship with staff members and in the end, affecting the performance of the organization (Peterson et al, 2003).
Additionally, leadership styles studies reveal the benefits of a leader who is focused compared to a competitive leader. While competition is a very crucial factor as it drives a company towards realization of its goals, it can take place at the expense of other organizational factors in some cases for example staff members. (Chen-Mei et al (2011) offers an important insight into leadership effect on realization of company goals, indicating transformational style of leadership which has more potential in initiating changes amongst followers compared to transactional leadership.
Followers using charisma, intellectual stimulation, personal consideration, transactional leaders can influence their followers towards acting for the benefit of the organization and themselves thus realization enhanced performance in the organization (Chen-Mei et al, 2011).
The overall view of leadership personality focuses on personal traits of leaders as well as their influence on staff members and performance of the management. Therefore, a leader with predisposition is on cooperation is more likely to influence the creation of cooperative groups or teams. As a result, the teams would work efficiently towards creation of solutions by sharing information.
What’s more, the cohesive dynamics in such groups “should ultimately lead to the smooth implementation of intended goals because all team members are cooperatively focused on decisions” (Peterson et al, 2003, p. 797). However on the reciprocal, leaders who are extremely competitive push their teams as well as followers towards team and personal competition.
Each of the teams and individual will therefore work towards convincing the leader of their solutions viability (Peterson et al, 2003). Additionally, having such a competitive dynamic is an ideal program application issue as members of the teams and groups have little or no motivation of work across different functions.
With such competitiveness and misunderstandings amongst members and personal employees, it becomes quite difficult for an organization to realize its goals. It is even worse as such companies tend to create staff members who are less motivated with their jobs especially those on specific competition. Organizational performance in the end will be affected under such kind of leadership.
Another factor that affects company performance is organizational culture. This is defined as the intricate link of standards and values that affect the attitude of a person (Al-bahussin & El-garaihy, 2013). The realm of culture in an organization includes values, experiences, expectations and thoughts gained via socialization, participation and education within the company.
Therefore, the culture of an organization settles for ideal features which are considered desirable for the realization of company goals and are accepted widely within the boundaries within which, the company operates (Al-bahussin & El-garaihy, 2013). The significance of culture can therefore not be underplayed and its effect on the performance of an organization.
A significant consideration is the fact that “A top level of organizational performance is generally linked to an organization, possessing an effective culture with appropriately merged and productive set of values, opinions and attitudes” (Al-bahussin & El-garaihy, 2013, p. 6).
While the culture of an organization reflects a uniformed way of doing things in an organization and ensuring equality amongst staff members, which may in some cases lead to good performance in general, it is also known to have its limitations. According to Al-bahussin & El-garaihy (2013), a solid organizational culture limits individual performance, creativity as well as innovation via provision of stringent guidelines within which staff members operate.
Staff members do not as a result, work to their full potential since such cultures demoralize them from exploring anything new that can enhance their performance and overall performance of the organization. However, company performance relies more on trust in the organization. The perception of fairness by staff members is a determinant of their trust in their leadership and in the company at large.
It therefore, affects their performance based on the fact that trust in the leadership has been found to enhance commitment of staff to the organization and to enhance their identity in the company (Paliszkiewicz, 2012). In the end, many staff members would double their performance, focus more on their tasks and spend more time at work, thus enhancing their overall performance in the company. Trust is also indicated to help enhance employee productivity and reduce absenteeism.
High levels of trust in groups and individuals are known to reduce organizational performance. According to Paliszkiewicz (2012), this is attributed to the fact that it reduces monitoring and in the end performance. Absence of trust between the leadership and staff members calls for collective measures amongst staff members thus, having a detrimental effect on the company Paliszkiewicz (2012).
It is therefore imperative that companies strike a balance between the mentioned factors above because they affect the performance of the company a great deal. While it may lead to competition amongst staff members, politics in an organization can be quite detrimental as opposed to being beneficial hence, the need to minimize it.
Leadership is also an important factor when it comes to performance and leaders should lead by example and inspire staff members and not act as deity.
On the other hand culture defines the company representing its values. However, in keeping up with organizational culture, companies should create a leeway for implementation of new connections in the dynamic world of company practices.
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Al-bahussin, S. A. & El-garaihy, W. H. (2013). The Impact of Human Resource Management Practices, Organizational Culture, Organizational Innovation and Knowledge Management on Organizational Performance in Large Saudi Organizations: Structural Equation Modeling With Conceptual Framework. International Journal of Business and Management, 8(22): 1-17
Bedi, A. & Schat, A. C. H. (2013). Perception of Organizational Politics: A Meta-Analysis of Its Attitudinal, Health and Behavior Consequences. Canadian Psychology, 54(4):246-259
Chen-Mei, H. et al. (2011). Perceptions of the Impact of Chief Executive Leadership Style on Organizational Performance through Successful Enterprise Resource Planning. Social Behavior and Personality: an international journal, 39(7)
Hubbard, G. (2006). Sustainable organization performance: Towards a practical measurement system. Monash Business Review, 2(3): 1-17
Paliszkiewicz, J. (2012). Orientation on Trust and Organizational Performance. Management, Knowledge and Learning
Peterson, R. S. et al (2003). The Impact of Chief Executive Officer Personality on Top Management Team Dynamics: One Mechanism by Which Leadership Affects Organizational Performance. Journal of Applied Psychology, 88(5): 795– 808
Vigoda, E. (2000). Organizational Politics, Job Attitudes, and Work Outcomes: Exploration and Implications for the Public Sector. Journal of Vocational Behavior, 57:326 –34
Manager’s Decision Making Model
There are many challenges that are faced by organizations that originate from both external and internal factors. The management or leadership of an organization is responsible for addressing such challenges in an appropriate way in order to enhance or to restore organizational performance in the current times and in the future. Solving the problems of any organization involves making properly informed decisions. The structure of the organization and the position that a person holds in the hierarchy of the organization influences such decisions. Managers can use models that demonstrate organizational authority, structure, responsibilities’ distribution in the organization and relations in solving daily problems as they manage their organization. Using conceptual framework, this paper discuses and identifies vital concepts that managers can use in making the decisions that will address different challenges that they face while managing the daily work of the organization.
All organizational and personal decisions ought to have an ethical ground. Managers’ decisions ought not to compromise the organization, individual or society’s ethical values. This means that all decisions that a manager makes in solving the encountered problems ought to have an ethical nature. The conceptual framework that will be indicated in this paper shows this. It shows that all decisions should lie within the ethical boundaries. Strategic change in the organization as well as strategic decisions should address the long term problems or challenges. The organizational executives formulate such strategies.
However, their implementation is largely dependent on managers’ competency in the formulation as well as implementation of tactical decisions for addressing the experienced short-term challenges while running the organization. The tactical decisions of the manager can have their efficacy enhanced via a participative process of management in which they learn the relationship of the mission of the organization and strategic decisions. The undertaking of daily operations of the organization is guided by its mission. Such operations may include formulating and implementing the policies of the human resource in order to enable the organization to retain highly performing and experienced workforce as well as to continue to attract more talented persons to join the organization.
Managers can also make tactical decisions that include partners and customers’ engagement in the initiatives of improving products, implementing programs for social responsibility activities as well as accelerating the ability of the organization to react to the market dynamics and conditions. Apart from being critical in improving the relations of an organization with its public, tactical decisions are also important in enhancing relations of the organization with vital stakeholders, shareholders and the employees. In addressing problems that relate to business cycle as well as the duration that is taken in accomplishing tasks, it is important that managers make informed tactical decisions such as redesigning tasks to improve efficiency in production processes while minimizing the required time for completing tasks (Hansen & Mowen, 2007, p. 517-518).
Problems that relate to the operations of an organization can also be solved by managers via the improvement of social aspects that relate to the tasks that employees perform. This may include establishment of mechanisms for resolving conflict in which the management and employees conflicts are solved in an amicable manner without the organizational performance being compromised. The processes of making operational decisions by managers ought to be aligned to the strategic planning as well as the tactical decisions in order to enable the organization to realize the set objectives. It is important that managers engage employees in operational decision making because they are involved in the operation tasks directly (Gilmore, 2003, p. 143). Allocating responsibilities and tasks to employees can be involved in the operational decisions.
Managers are given authority to ensure the enhancement and maintenance of the culture of the organization in order to enhance the attainment of the organizational goal. This is the management’s control function and it is achievable if the conduct code and rules of the organization are followed by the employees. Therefore, managers are required to make various decisions that relate to the discipline of the employees in order to ensure maintenance of the culture of the organization during the operations. Making decisions that address misconduct of the employees is one-way. However, decisions for enhancing relations between the employees and management are two-way. As such, the management should involve employees when making such decisions in order to make them effective. This is because even if the decisions will not affect the employees directly, they will influence their satisfaction and attitudes towards the job.
It ought to be noted that in the decision-making process, feedback plays a very important role. This is because the process entails participative management in order to address the challenges that managers as well as well as the other employees are facing while running the organization. In order for the rising challenges to be addressed, new managers should be familiar with the culture, relations and structure of the organization and the way the hierarchy of the organization influences them. There are problems that can be solved with one process of making decision. However, there are problems that require decisions to be combined in order to address them effectively. Evidently, this model is important in dealing with different problems that organizations face daily because it provides insights on how proper decisions should be made (Ragsdale, 2012, p. 4-5). Managers get an opportunity for exploring different essential options while addressing the challenges in different organizational levels. Nevertheless, new managers ought to choose the models that are most appropriate in addressing the problems encountered while performing daily tasks.
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Gilmore, A. (2003). Services, marketing and management. London: Sage.
Hansen, D. R., & Mowen, M. M.(2006). Managerial accounting. Mason, OH: Thomson/South-Western.
Ragsdale, C. T. (2012). Spreadsheet modeling & decision analysis: A practical introduction to management science. Mason, Ohio: South-Western Cengage Learning.
Culture of Spain
Uniquely diverse and rich fields are incorporated in the modern Spanish culture. As such, covering the culture of the whole country within a specific period is almost impossible. The existing Spanish culture originated from the domination of this country by some people for over a thousand years ago. The culture of these people is indicated by the ancient castles, ruins, language, festivals, art and music. Stanton notes that Spain is a country that follows its traditions steadfastly. People in Spain pledge loyalty to the region where they come from more than they do to their national government (1). There is cultural diversity in this country and this diversity is based on regions’ autonomous which is the basis of Spain. Every Spanish culture depicts a spectacular identity that is created from the characters of the people. However, this ends up with a celebration in the whole country or region. The aim of this study is to expound different customs that the culture of Spain depicts.
Religions and festivities
Spain has remained a strong Catholic state for some time. Christianity was introduced by the Romans in Spain. Christianization continued until the Romans were invaded by the Muslims from the Northern part of Africa. Nevertheless, Christian insurgency won and they expelled the Muslims out of Spain. Spain was ruled by King Ferdinand from 1400 to 1500. At this time, he ordered Spaniards to transform into Roman Catholics (Lior and Steele 6). Consequently, other religious groups were compelled to adapt Roman Catholicism but others opted to get out of this country. Over 97% of Spaniards are still Roman Catholics up to now although non-Catholics are allowed to practice any religion openly. Nevertheless, all Spaniards irrespective of the faith that they practice live in a catholic surrounding or environment. This comprises of shrines, churches as well as artistic heritage that is referred to by the religion. The basis of the national culture of the Spanish is Catholic environment. Therefore, visitors and citizens must understand this environment. Saints are honored by Christians who go for pilgrimages which entail seeing their statues. An example that can illustrate this is the belief that Mary’s statue brings good luck.
Festivals or fiestas are usually held by the Spaniards. These are either secular or religious. They are held throughout every year in urban settlements and rural areas. Businesses are usually closed during fiestas and people take part in dancing and eating the entire night. Additionally, attendants call one another Dona or Don and then the person’s first name. Semana Santa, Nochebuena and Navidad are some of the fiestas of the Spaniards. Most of them have a Catholicism attachment. There is a fiesta for every city and this is held in the honor of their special cultural identity. An example of this is a fiesta that is held in Pamplona city in honor of patron saints. Bulls that run in the streets are the most interesting part of the festival. People wearing white clothes wait for charging bulls which chase them via narrow streets (Lior and Steele 10). Residents come together in the Barcelona City during the Day of Saint George which is celebrated on 23rd April. They celebrate love this day. The entire nation is usually at a standstill during the public holidays for celebrations. Spaniards observe holidays strictly without extension in case the day comes on the weekend.
Urbanism and use of space
Spain as a nation started from the early small tribal groups at the time of the rule of the Romans. The other social and cultural progressions emerged from the presence of the Romans. Usually, the Spaniards were living in settlements that were tightly clustered. These structures’ concentration caused urban centers’ emergence. In Spain, majority of the rural areas comprised of stores, dwelling houses, churches, schools, pastures and gardens. The types of settlements are associated with the locality. Most houses in the rural areas are built traditionally and they host both humans and animals. This settlement is not preferred by most Spaniards.
In places with dispersed settlements, people mostly practices livestock keeping and mixed cultivation. However, most Spaniards hate living in isolation. In the rural areas, people have multi-family villages. Stones, bricks, and timber are the most preferred building materials. Most Spain cities including Valencia, Barcelona and Madrid attract the rural populace. Each villager would like to live in the cities because services and opportunities are available there. Monuments and palaces are located away from rural homes and these show the architecture of the Spaniards. This country prides itself for having a spectacular Islamic architecture that includes the Alhambra which is found in Granada and Great Mosque situated in Cordoba.
The traditional food of the Spaniards emerged at the period of the agrarian revolution. They remain common and their preparation entails the use of hands and fresh ingredients from the market are used. Different areas in Spain have their cuisines. Comida, which is a family meal, is preferred by the Spaniards. This can be taken with colleagues and friends. Food sharing boosts good relationships. As such, seeing a person eating alone at a place where people eat from or drinking alone in a Spanish bar is unusual. Members of a family take breakfast at varying times on the basis of their work schedules. People take mid-day meals at around 2.00 pm. This is the main meal of the day. Individuals travel home where they take comida before returning to work. Siesta is very important and it is part of the Spanish customs that is recognized by all Spaniards. People rest at this time and it lasts from 1.30 to 5 o’clock.
Drinking and eating is a common way through which the Spaniards spend time together. It usually happens during special events and every day. Christmas and Easter are among the common religious events which bring friends and families together. Weddings and birthdays are also great opportunities during which people eat together. People also gather in social groups during leisure time and they enjoy drinks and foods together. There are also table customs that are observed in the Spaniards culture. Hosts are allowed to be the first ones to eat. The guests are motioned by the host to their seats prior being served meals.
Individuals’ achievements determine the social classes that they belong to. There are three classes in the Spain society. These include the lower, the middle and the upper classes. Families with members who can afford money for hiring babysitters who looks after their kids as they go to work belong to the upper social class. These are represented by large home owners who have expensive furniture. Families that send children to public or private schools yet they do not have much possession similar to those of the families in the upper class represent the middle social class. Families whose members perform laborious jobs with children attending public schools belong to the lower social class. Majority of the lower social class families cannot afford hiring a babysitter. They also struggle to meet their necessary needs.
Professions and occupations also illustrate social stratification. Nevertheless, there is interaction among social classes. People interact in bars and hotels regardless of the social classes that they belong to. Apart from family inheritance, education provides a social advancement’s platform. Urban and rural settlements have differences which create distinction in the society. In Spain, farming is honored as a self-employed trade although it is not valued much. As such, traders and farmers residing in the Spain’s countryside belong to the lower status. Material worth exhibits social stratification. This includes jewelries, leisure, clothing and homes. There is a large gap between the poor and the rich at the economic level in Spain. There is a class for the Spain’s royal family. Although this country endeavors to achieve equality, there are groups that are discriminated along tribal and gender lines. Spanish women still face sexual harassment and low wages.
The national identity of Spain was acquired when Christians chose to unite in order to fight Islam. Parliamentary monarchy governs Spain and this includes the bicameral legislature. The state is headed by a monarch who performs the duties of selecting a government’s head (Hay 104). Absolute powers are vested on the King. From the time when General Franco died, the state has been headed by the King. He also promotes order within the government. The government is headed by a prime minister from a majority party. Many parties are allowed to take part in the elections.
Political resignations in Spain are virtually unheard off. This is because people see resignation as a serious political weakness due to the fact that parliamentary democracy was embraced in this country following Franco’s death in 1975. Dictatorship was the ruling style in Spain before this time. Since 1923 all the way to 1931, a political model that General Primo de Rivera had designed was used to rule Spain. This leader was associated with Spain’s modernization (Magone 9). Actually, this political system was fighting for workers’ rights and this was something rare in a kingdom that was ruled through dictatorship. More optimism came with the Second Republic because it brought a separation of the state from the Church since it restricted Catholicism. Opposition kept growing and this caused a Civil War. The uprising was led by General Franco. On taking over, Franco established the totalitarian state that aimed at eliminating enemies.
Spain was influences by the experience of the Portuguese making it embrace democracy. This led to the smooth succession to Juan Carlos I from Franco (Magone 15). Free market replaced the protectionism system that was practiced under Franco. Modern Spain is politically organized into 17 “autonomous regions” as well as 50 provinces. In Spain, leadership is considered an accomplishment of a person. It is supported by family connections. Party membership relies on the ability of the government to provide jobs to the citizens. The responsibility of guarding villages is under the informal controls in the society. Military officers are from the higher classes in the society although people join the army voluntarily. Young men have the freedom to establish social groups within their villages on the basis of their age.
Gender roles and statuses
In Spain, family is a very important institution for both females and males. Family is even crucial than work since it promotes collectivity instead of individualism. Roles are shared among the Spaniards on the basis of social statuses and genders. The contracts of traditional gender asserts the main women’s role which at the center of a family. Men on the other hand are the breadwinners in the family (Calvo-Salguero, Martínez-de-Lecea, and Aguilar-Luzón 122). Agriculture is practiced as the major activity in the rural areas. Men play the heaviest tasks and women attend to house chores and gardens. Women and men can perform any task in professional farming and herding.
Managing domestic economies and raising children is the responsibility of married couples. Women and men across Spain are allowed to engage in leisure activities together even in the public places. Culture permits men to practice politics in their public life while religious activities are observed by women as well as looking after the children in their homes. Old women servants mainly provide household help. Culture depicted women as the homemakers. However, women are allowed to run businesses in the modern culture and they are also employed in different professions. Women also engage in politics. Property inheritance is allowed by the Castilian law and they can also dispose their property whenever they please (Coolidge 41). Equal sharing of inheritance is also allowed by the law among members of a family irrespective of the gender. Women retain surnames in most regions even after their marriage. Family titles’ succession is allowed for royal women if there are no brothers in their family.
Marriage and family
Spanish culture requires marriage to be a partnership in which each partner’s input is important. Owning property was traditionally vital than love at the time of courtship. People were encouraged to court for long and breaking marriage ties was not allowed. Remarriage of women who cannot bear children due to their old age and divorce are abhorred by the Spaniards’ culture. Nevertheless, weddings and these customs are considered as special events and they attract a large gathering of guests. Gender culture is a characteristic of Spain and family relationships are encouraged as well as individualism levels (alvo-Salguero, Martínez-de-Lecea, and Aguilar-Luzón 121). Families display a collectivist culture which gives life meaning while bringing prosperity and personal happiness. Work is not considered by culture and independent aspect in family and work time cannot compete with the family time. In Spain, the attitude that families have towards life is positive. Studying is encouraged for children so that they can be successful in life.
Language, arts and humanities
The establishment of Latin language followed the Roman conquest. This led to the emergence of Iberian languages. The language that is used the most in Spain is the Castilian Spanish. This is used mostly in courts, offices and schools. Art is highly valued by the Spaniards. They visit architectural monuments and art museums regularly just to admire artifacts. Most Spanish artists are treated like celebrities. Humanities and fine arts are highly valued in universities and professional academies. Decorative arts are an important aspect of the national legacy in Spain. They are displayed in the museums within Spain as well as other regions of the world. There are strong architectures that are developed by the Spaniards for painting and sculptures. Their mode and designs resemble national or regional identity.
Musical instruments, dances and songs are perceived in a unique way more so in the Andalucía region. The impression that is created by musical expressions is completely different from power resistance and hierarchy. Flamenco refers to a dancing type whose characteristic is hands clapping and stomping. This dance includes playing a guitar and dancers depict emotions. Movies are also loved by the Spaniards and a lot of time is allocated to it by cultural analysts who spend time studying the film industry in Spain. Soccer is loved by many Spaniards and they go to the fields to watch their teams playing. There are clubs where membership to Barcelona FC is passed down the generation tree.
The culture of the Spaniards still values ancient Spain’s customs although they have been transformed with the modern technology and novelty. This culture was influenced by the Romans. Roman Catholicism is the basis of most customs of the Spanish. Historically, a lot of emphasis was put on relationships in the family in Spain because collectivity was valued than individualism. This is depicted by the way people leave workplaces to have midday meals with families. Sisters and brothers share inherited properties equally. There is a wide gap between the lower and upper social classes but there are free interactions among people in these classes during public events. Artworks and decorations are valued by the Spaniards because they are important aspects of their national heritage. People abandon their activities just to celebrate public holidays. There are different cultures because of autonomous regions in Spain and every culture exhibits its exceptional identity that is created from their attributes but these are distinguished in the country or the whole region.
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Calvo-Salguero, Antonia, José-María Salinas Martínez-de-Lecea, and María del Carmen Aguilar-Luzón. “Gender And Work–Family Conflict: Testing The Rational Model And The Gender Role Expectations Model In The Spanish Cultural Context.” International Journal Of Psychology 47.2 (2012): 118-132. Web. 23 Jan. 2014.
Coolidge, Grace E. Guardianship, Gender and the Nobility in Early Modern Spain. Farnham, Surrey, England: Ashgate, 2011. Print.
Hay, Colin. European Politics. Oxford : Oxford Univ. Press, 2007. Print.
Lior, Noa, and Tara Steele. Spain. New York: Crabtree Pub. Co, 2002. Print.
Magone, José M. Contemporary Spanish Politics. London: Routledge, 2004. Print.
Stanton, Edward F. Culture and Customs of Spain. Westport, Conn: Greenwood Press, 2002. Print.
Story Comparative Essay
There are several differences and similarities of Franz Kafkas’ Metamorphosis and Leo Tolstoys’ the death of Ivan IIych. Both indicate lifestyle bourgeois that mental and bodily suffering accompanied. Both books have characters that experienced existential crisis which they were able to resolve before dying. Apparently, the suffering described in these books was experienced by the authors. The books give a description of the way two men were struggling to succeed in the society that was causing mental depersonalization to them. They were also desensitized by the society. However, both of them opted to pay the expensive cost of breaking from it. This cost was death and both characters paid it. Mental problems as well as the eventual death of the two characters are discussed in this paper.
There are similar protagonists in these novels because they were living artificial lives. Although they made the other people to perceive them as living a comfortable life, the reality is that they were always struggling. These characters adopted such lifestyles even when they hated their experiences. Gregor and Ivan had mental illnesses. Both of them were craving for others’ approval. They also had a tendency of lacking a resolve for asserting their convictions. These authors also depict the protagonists as weak men subservient of the society’s expectations. Ivan is determined to impress others. He lives as per the standards of an upper class legal man of his age. Ivan was living beyond his means while trying to satisfy this desire. He incurred debts while trying to fund this expensive lifestyle.
There is a point where he says that nobody knows the kind of injustices that life has done to him. Due to depersonalization, he lives beyond what he can afford in order to please others. The protagonist’s mental illness is apparent from the start. His life is pretentious during his childhood because he pretended to be happy. Being neutral indicates that he was seeking approval while struggling from the inside. According to the author, there were times when Ivan did disgusting things and then tried to keep them hidden. This can also be seen in the final moment when the window frame hurt his head after slipping but he kept this a secret. Only after being reduced to a state of a vegetable does he confess this to others.
According to psychological perspective, these are indications of mental problems. The wife that Ivan married was not the woman that she loved. She married her as a way of conforming to society’s norms. He did not have self-will and this could determine his actions. Apparently, his problems were added by the wife since she was always complaining and nagging him. He also kept denying that in his life he was mostly suffering. To impress the workmates, he was dressing expensively regardless of his economic state which was poor. He bought a décor for his house so that he could impress the workmates. During the last days, he did not struggle to live because he was paranoid. His feeling was that he was a family burden and therefore he chose to die. This is indicated in a statement that he made to the daughter and the wife when he told them that they ought to be happy since the burden will be gone soon. He feels that he is hated by his family and the doctor.
Ivan reflects on his life and it does not impress him due to the choices that he made. At some point he laments that all life that he lived was a waste although it is late to change things. This is good because it shows that he has learnt his mistakes. It is also at this point that he learns that he had been living a lie and he accepts that he was not in love with his wife. The hatred’s depth is indicated by sending the wife away. This indicates that he has recovered from the initial state of living to impress his society. It is clear that he has realized the essence of making right choices. He is also given opium by his wife and this kills him and it indicates the hatred that she felt for the husband. The last chapter indicates he experiences immense pain. He acknowledges that there is no need for hating his daughter and wife. This is when he apologizes and informs them that he no longer hates them.
Grogor was also living as per the expectations of the people. His belief was that all family needs should be met by the most capable family member. He was not relating with the others since he was confident in his ability to solve his problems. Being a salesperson made him complain because he was not earning enough money. He has a clearly poor livelihood as he states that he is exhausted of consuming miserable food. Gregor complains that he is tortured by his superiors but he has to keep working there in order to meet the needs of his family. Gregor is living for his parents because he is struggling to pay debts for them. He does not like his job though he knows that it is necessary because it enables him to cater for his needs. This can be seen from what he told his superiors about the job enabling him to provide support to his sister and parents.
Similarly to Ivan, Grogor suffers from mental problems more so because he is holding up the true feelings because he does not want trouble. He says that he wish that he could walk right to his boss to express how he feels but he holds this back so that he can keep his job. He is also not himself to his family because he is also afraid of seeking assistance from his sister with domestic chores. His pretence affects his identity because he has internal conflicts that cause him mental torture. Finally, he became a monster when many legs are spread in front of him.
In both stories, depersonalization affected the characters’ personality. It forced them to admit living inappropriately. These characters admitted showing artificial sides to others while hiding their real secrets within themselves. This caused internal conflicts which led to identity crisis. During the last moments, the characters came face to face with the truth. Gregor admitted living his life shallowly while Ivan accepted that he was not alive in his entire life. His final words show this. They symbolized the reality that he would start a new life after death. The way these characters die is the major difference between them. Ivan died while being surrounded by a nurse and his family who were attending to him. However, Gregor was alone. This was the case for him even after sacrificing his entire life just for other people.
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Commercialization of Organ Transplant
Most parts of the world are experiencing donated organs’ shortage (Cherry, 2005). The explanation of this is the gap that is widening between the required organs and the donated organs. As such, this has increased the black markets in which the sale of human tissues and organs occurs. It is also due to this that fact the question about the use of tissues that are acquired after a post-mortem and their use in transplant arises. This also raised questions regarding human organs’ commercialization (Kanniyakonil, 2005). Different views regarding commercialization of organ’s transplant are presented in this paper. The paper also presents the view of the right actions regarding this practice.
Argument for the Commercialization
Proponents argue that humans are born in families and this makes them community resources. As such, human bodies ought to be seen as the resources of the community. Legalizing this practice will diffuse tension that family members hold about relatives after donating organs (Cherry, 2005). Therefore, people will be able to donate their organs without the feeling of being obliged to the demands of their relatives.
Additionally, proponents observe that this practice ought to be legalized but there should be strict restrictions. They claim that this differs from an illegal market for organs since the safety of the donor will be improved. There will also be an even distribution of organs (Kanniyakonil, 2005). This implies that in such arrangements, organs’ prices would be at the level of the annual salary on average. This way, donors will not just be the poor individuals but the rich as well.
Arguments against the Commercialization of Organ Sale
The argument of the opponents is that organs commercialization will motivate the poor to donate organs so that they can raise their standards of living (Kanniyakonil, 2005). This is against ethical standards since people should offer help to the needy as a kindness act. It can also cause exploitation where the rich entice poor people using their money and eventually the poor will donate organs to them.
According to the opponents of organs commercialization, children are highly vulnerable since they would be easily coerced into donating organs. There are parents who would have more children so that they can use them for commercial purposes. The argument of opponents is that this would be abusing moral standards that exist currently. These stipulate that incentives should not be offered to people so that they can sell organs (Cherry, 2005). There are cases when the sale would cause poor health or death of the donor. This would also degrade the values of the community. It would not be ethical and children’s rights would be abused. The conclusion of opponents is that donating organs ought to be a charitable act.
On the basis of these arguments, there are disadvantages and advantages of each side. However, ethical standards provide the most ideal solutions in regards to this subject. Commercializing this practice will make money the main incentive. People will abandon moral values that include good will and charity and they will offer organs for monetary value only (Kanniyakonil, 2005). The people who are less privileged in the society such as the mentally ill and children will also be abused for financial gains. This will be against ethical standards and exploitative.
The totality’s normative principle states that transplants can be justified only when the donor’s functional integrity is maintained (Kanniyakonil, 2005). The implication of virtue ethics is that the basis of the donor’s decision ought to be their character rather than general opinion. The implication of this is that selling an organ for economic position or value is moral (Kanniyakonil, 2005). It is also important to avoid exploitation by making sure that an informed donor’s consent exists. If there is no self-determined donor’s decision, then the benefactor is not respected by the decision makers. Children and mentally challenged individuals ought not to be used in such donations since they are incapable of making decisions on their own (Cherry, 2005). Charity virtue should be maintained and they should donate organs freely. There should be no obligation for people to do this.
In conclusion, organ commercialization ought not to be practiced since human organs ought not to be sold. People should not treat them they way they do with commodities since this is not acceptable on moral basis (Kanniyakonil, 2005). This violates human dignity. It also spoils altruism spirit. It is important for everybody to learn to help others as a value. Only the willing individuals should donate organs. This donation should also be done in a charitable manner of assisting the suffering individual (Cherry, 2005). The donor should make sure that they will not be at risk while healing. The implication of this is that they should be checked thoroughly to ensure that they are in good health.
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Cherry, M. J. (2005). Kidney for sale by owner: Human organs, transplantation, and the market. Washington, D.C: Georgetown University Press.
Kanniyakonil, S. (2005). Living organ donation and transplantation: A medical, legal, and moral theological appraisal. Kottayam: Oriental Institute of Religious Studies India.
Applying Management Functions in Managing Life
The four functions of management include leading, organizing, controlling and planning. These have established the management process which is highly effective in the management of different types of organizations including small and privately owned organization as wells as regional, multinational and national corporations. It is possible to apply these functions of management in different aspects of human life in order to enhance the attainment of goals in the desired way. In this paper, I describe how I employed management functions in managing a soccer team of the youths in Madinah city in Saudi Arabia. The paper also describes the important role played by these functions in enhancing participation of the team as well as the eventual performance at the time of the league tournament of Madinah soccer.
Planning being a management function entails establishing goals for a team as well as formulating strategies that will be used to achieve these goals. To undertake this function, one must be sufficiently knowledgeable about environmental conditions which are likely to be faced as well as the future conditions that are expected for the future. It involves identifying opportunities as well as analyzing the most appropriate actions to take in order to exploit them. I saw an advert inviting teams that play soccer when I was 23 years old. This advert was inviting early teenage individuals to take part in the soccer league of the Madinah city. I came up with a strategy using the planning function that enabled me to establish a soccer team in the local area comprising of the neighborhood teenagers. On realizing the participation opportunity as well as forecasting the future predicaments that were likely to emerge from participating in this league, I came up with a framework for enabling me to achieve the goal of participating and realizing excellence in this league. To achieve this, I had to identify individuals who could facilitate the creation of a soccer team, establishing goals for the team as well as the strategies that would make achieving these goals possible.
Organizing as a management function entails developing the structure for an organization as well as arranging tasks, resources and people in order to accomplish certain work or objectives. The aim of this function is to ensure coordination of work efforts in order enhance goals’ attainment. While establishing a soccer team, organizing function entailed establishing different ways via which this team would be managed. As such, organizing involved tasks allocation to the team members as well as other vital stakeholders who included the parents of the teenagers who supported the participation of the children in this league.
I also organized a training program for five months whose aim was to identify various talents of the young members of the soccer team. I allocated different positions to team members as per the skills that they demonstrated in enhancing proper coordination of the team effort after training. Additionally, organizing function entailed ensuring that adequate materials, facilities and equipment required for training were provided to the team. This enhanced performance. I was responsible for ensuring that adequate training materials were provided to the team including training gear and soccer balls.
Leading function involves directing, influencing and motivating people in a group so that they can accomplish the shared goals. Leading as a function within any organization focuses mostly on subordinates’ energizing so that they can improve productivity. I derived leading function from the position that I held as the coach of the team. My responsibilities included guiding and motivating members of my team so that we could meet the ultimate goal which was to win the soccer league’s trophy. For me to do this effectively I had to discover the inspiration and motivators of team members in order to enable the team to get the trophy. I enhanced personal relationship between me and team members to understand what motivate them and their personalities. I did this while telling them how important their teamwork and individual contribution was towards the success of the team in achieving its goal. I ensured the involvement of every team member while making decisions of the team regarding issues that were affecting them. This imparted a feeling of being appreciated and valued in them. As such, their commitment improved and this enhanced the ability of the team to win the league’s trophy.
Controlling function entails ensuring that organizational performance maintains the set standards. It involves performance monitoring in the organization as well as comparing actual performance with the set standards as well as taking corrective measures when necessary in order to ensure that the set goals are attained. As the coach of this team, my controlling entailed establishing performance and training standards in order to ensure that the team was competitive. I monitored the training strategies as well as the performance of the team closely in every match played against competitors. I also came up with strategies for enhancing the playing tactics as well as strategies for winning subsequent matches.
Team performance was enhanced by the integration of the four functions of leading, organizing, controlling and planning. The team secured a second position and this made all team affiliates proud. Although I acquired skills when I served as the captain of the soccer team in high school, I also improved my skills as the founder as well as the coach of the teenagers’ soccer team. Nevertheless, my organizing requires improvement more so in relation to allocation and sourcing resources that include finances. This will prevent negative effects on the team. I should also improve strategic planning in order to realize long-term goals more so in the situations where uncertainties are involved.
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Reasons to Believe Advertisement by Coca Cola
Coca Cola is a leading beverage and soft drink multinational company that operates in more than 200 countries across the world. The organization is renowned for its resilience in advertisements that are usually aired on TV. On 5th January, 2014, Coca Cola launched its latest advert called, ‘Reasons to Believe.’ It has used this advert to urge its customers to believe in a better world. The advert is timed 60 seconds and incorporates a children’s choir singing a modified version of the song titled, ‘You Got the Love.’ The advert jumps to short scenes of negative things that occur in the world after the scene of the children’s choir. These short negatively themed clips are counteracted with other positive things. The key message of this advert is telling the masses that better things can be achieved (Faull).
The company is trying to attain its tradition of being among the few organizations that use their products for the promotion of positivity in society. The advert has not been created with the aim of growing sales and revenues, instead, to have a positive impact in society. The advertisement is trying to convince the people that they can easily make positive impacts in society by doing simply things day by day. This is enhanced by the way in which it incorporates bad things that occur in society and how simple deeds can effectively prevent these things from taking place.
The advert has involved both persuasive and informative aspects of communication. This can be due to the fact that the paper is persuasive in the sense that it highlights the importance of people taking parts in activities that could benefit the society at large. This has been accomplished through appealing to the emotions of the viewers. Coca Cola has used this advert in making sure that people who view it are emotionally engaged on different topics that are relevant to the masses. The title of the organization is also naturally persuasive because it highlights the importance of remaining optimistic and positive despite the various negative things that are affecting the society in different measures.
It can also be said that the advert is informative in that it passes information to people of different spheres in life that are experienced in their daily lives even though they may be oblivious to some. Coca Cola has used logic in order to convince the people that they should be optimistic and change their attitudes in order to make the world a better place. The fact that the company has highlighted various factors that have been noted as challenging to many people across the world has played a crucial role in ensuring that the masses are informed on the afflictions of people across the globe. The advert has also used informative insights on how people can change the lives of others and make them have positive experiences in their daily activities.
The company has also integrated both traditional communication channel of TV adverts and the modern channel of online communication methods like social networking and advert streaming. Coca Cola has created a Twitter account with the hashtag #Reasons to believe and a Facebook account with the same name. This is an indication that the company is trying to reach out to both the traditional and contemporary viewers. The linking of communication channels plays a major role in ensuring that the company is able to reach out to millions of people on the global market.
One of the lessons that can be learnt from this scenario is that organizations should not create advertisements or marketing media that is solely dedicated to the promotion of their sales and profit margins. The advert has shown that companies can also use their corporate social responsibility by appealing to the customers to make positive changes and shun activities that could cause harm to the society. However, the company could have highlighted some of the elements that make Coca Cola play a role in making the world a better place. The advert could have showed some of its Corporate Social Responsibility activities in order to promote the involvement of its target population towards making the world a better place.
Scenes of the actual lives of the people as portrayed in the advert. This enables people to identify with the brand.
Problems with the sustainability campaign, in relevance to the aspects of cost and message.
The firm can incorporate a corporate social responsibility model in the advertisement plan to assist in the exploitation of the linkages of the community with the brand. Another opportunity is the availability of various options in real community life for the company to develop campaigns for enhancing the brand.
Diversification requires that the company invests in other beverage areas apart from the main soft drink division that it is specializing on.
Google to Acquire Nest Labs, Inc January 13th 2014
This press release was meant for investors who had made investments in Google stocks and potential investors who are considering investing in the organization. The key message of the press release was to announce to the investors that Google was in the process of acquiring Nest Lab, Inc. This move was intended at enhancing creativity and innovation of the company. Google’s and Nest Lab’s CEOs, Larry Page and Tony Fadell have concurred that the acquisition will be effective in making sure that Google comes up with new devices that will make life easier for all who will be using the company’s products. The dissemination of the message in the press release was successful because it was straightforward and much easier for people of different backgrounds to relate to. However, Google should also create links with other channels of communication for people who do not rely so much on the internet for information. The press release has mainly relied on the internet for reaching out to investors (Google Inc).
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Faull, Jennifer. Coca-Cola launches #ReasonstoBelieve campaign with new ad. The Drum, 2014. Retrieved on January 20, 2014 from http://www.thedrum.com/news/2013/12/27/coca-cola-launches-reasonstobelieve-campaign-new-ad.
Google Inc. Google to Acquire Nest. Mountain View, California, January 13, 2014. Retrieved on January 20, 2014 from https://investor.google.com/releases/2014/0113.html.
Personal Ethics Statement
How do you personally determine what is right or wrong?
Everyone has their own manner of reasoning and response they would give in elevated situations which largely depends on their intellectual capacity as well as ability to control their emotions. Reasoning, is a process that entirely entails all human sense ranging from hearing, listening, tasting, feeling and seeing. People have the ability to reason differently depending on environment of exposure as well as the circumstances within which the process of reasoning is developed. Among the factors that would affect how I reason and respond to issue is the level of freedom I have in the entire reasoning process. Connected to this process of reasoning, is ability to establish what is right or wrong. In differentiating right from wrong, I engage all necessary techniques of thinking that have been logically proven. The first step in establishing the accuracy of the statement, idea or anything as wrong or true.
This is to say the supporting evidences must be reliable, consistent and presented in a timely fashion. If the idea fails to meet the standard measures, underlying the process of reasoning, then I would say convincingly that the idea is far from being the truth. For instance, as a judge that is bestowed with the mandate of making a decision over an ongoing case, I would need high levels of constituency within the presented statements. Though the presentation made is weak, so long as the victim remains consistent in their arguments, the individuals have the opportunity of winning the case. It might not be easy convincing an individual for justification on true accounts if the individual is not in any position to derive an element of truth in a specific process presented. This means going so far as tabling standing elements of truth through determined evidences. Still, on part of judgment, as a scientist I would involve use of experiments in the process of investigation to provide evidence as the true account of an investigation. As a process, experimentation remains proven logically and as such, provides the true account of circumstances.
Where does your personal ethical perspective come from?
In the process of reasoning ad differentiating the truth from the right, ethical perspective plays a very strong foundation. The values of an individual that are constituent with justification of societal norms is ethics and aids in determining the response one gives when they are faced with very high critical situations in order to decide the appropriate directions to take. In most cases, the decision I would give regarding whether an issue is false or right rests on instinct developed in line with core values. My personal ethics are also internally based and derived on the true meaning of circumstances in the process of interpretation. Whatever might be true should be consistent with my ethical control. For instance, when faced with the decision to rule on whether prostitution is morally wrong, my decision would be driven ethically and would maintain high moral behaviors. My personal ethics originates from social ethics and is a description of the response I give when making a decision on whether a give case is wrong or true. From the negative perspective, I understand wrong application of personal ethics might be misleading since the justification given under the instance aims at fulfilling personal interest.
What do you expect from yourself in dealing with others?
Just like I said earlier, the environment of application determines the kind of response one gives to issues and judgment we present on whether a given case is true or not. On this grounds, the judgment we provide can fulfill either professional or personal interest. On a personal account, the judgment I would give might be totally different from personal reasoning, but whenever reasons behind such an act get examined professional, I might revisit my judgment and conclude stealing is right. On a professional account, I will justify my reasoned on the basis of evidences that are scientifically researched. In all instances, I would expect the truth, personal integrity and accountability while dealing with one another. On that same account, I expect that others will show similar attributes while they deal with me.
What is meant by “core values”? What are your core values?
Core values refer to principles that are laid down to provide individual guidance in every encounter. These core values are supposed to guide an individual’s social trait as well as create a barrier between the don’ts and dos in a particular organization. Contrary to social values, an individual is supposed to develop their own principles in order to provide guidelines so far as interaction with varying social groups is concerned. Development of individual core values is dependent on environment of operation and the population’s social make up. There are some values however, that remain universal and their application provides a standard measure of rational human behavior. Some of my core, important values include respect for personal feelings , the opinions of other people, an understanding for different social settings, respect for authority, practice of patriotism in every process of delivery as well as practicing humility as a means of dealing with colleagues. In all areas, I know that personal values that are highly developed must always correspond to social values for purposes of maintaining high social cohesion levels. If the society’s reasoning were different from that of individuals, then the kind of behavior exhibited by an individual would be termed as immoral.
How has your decision making being influenced by your core values?
The guiding principles of the decision I make whenever faced with conflicting ideas is guided by my core values. If an individual is morally upright, then their decision should follow the perspective of morality and dissipate all statement or actions that are consistent with their core values. Take into consideration what you might do in the event someone asked you to make compromises on your ethical foundation.
It ends up being extremely difficult for one who is deeply rooted on ethics to disengage from such traits and instead, apply non-ethical tools while making certain important decisions. If someone asked me to make compromises on my ethical foundation, they must first provide reasons as to why I should take such action. If these reasons are not convincing, I would stay firm with my decision if it underlies ethical issues that are consistent with moral standard measures.
Sometimes, bad decisions are made by good people. Explain why you think this might be taking place in the business environment today
Decisions made in the business environment depend on a couple of contributions that should be fulfilled. As such, for the maker of a decision to conform to ethical standards of business, going against production objectives of a business becomes critical. In a business environment, one is supposed to make decisions satisfying all stakeholders regardless of the standard of measures.
Give one example of unethical business activities or practices by attaching an article of your choosing. Summarize the article and provide your perspective on why this took place
Stealing company’s money or items is very unethical and might have a negative impact on different processes of production of the company. As it is presented in the article, stealing is an unethical business practice that costs the company and if it is not controlled, might result to collapse and failure of company. In some instances, workers go to the extent of taking materials from the company for personal gains and use. In the same manner, managers take assets of a company and might use the name of the company to acquire external benefits that are self-driven. The major reason managers and workers might decide to engage in this form of unethical behavior is due to insufficient motivation in the form of compensations within the company.
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Innovation means to change, renew, and create more creative and better products, process or ways of doing things. It is also defined as a process through which the social and economic value is extracted from knowledge by developing, implementing and generating ideas that produce improved or new products, strategies, processes or services (Sloane, 2012).
Innovation versus Creativity
While innovation leads to observable improvement in services, products and ways of doing things, creativity refers to ability of coming up with original and new ideas. Such ideas on their own do not have any value and the value is only realized after they get implemented. As such, creativity is an important precursor to innovation. An example that is practical demonstrating difference between innovation and creativity is a meeting that is held by organization members (Sloane, 2012).
There are numerous challenges that organizations face and their goals are highlighted while those in attendance come up with ideas on how they can make progress within the organization. Ability of members to come up with ideas that are original in order to solve problems as well as achieve goals of the company demonstrate creativity. After these ideas are proposed, they are developed then implemented so they can have value. The process of implementing and developing ideas is what innovation constitutes (Sloane, 2012). The difference therefore, between creativity and innovation is that action is part of innovation and not creativity.
Innovation in Medicine
Innovation in medicine, according to Medical Innovation in the Changing Healthcare Marketplace (2002) is two-pronged. The first aspect of medical innovation involves coming up with some new diagnostics, therapeutic procedures and devices as well or improvement. Innovation must occur in these two areas for the benefits in medicine to be fully realized. Innovation in implants and drugs are closely linked to innovation in medicine though they are classified differently. It is far easier for innovation in implants and drugs to take place as compared to medical innovation. This is due to the fact innovation in drugs us far less costly to have any effect than mainstream medical innovation.
Medical innovation can mean varying things to varying societies. In developed nations like the US, it can be interpreted as invention of new sophisticated technology that improves health. In middle and lower-income countries, medical innovation is measured and judged in terms of distinct needs. In such countries, application of technology without understanding or identifying the most compelling needs of the population could result to failure in medical innovation (Leonard, 2011). True medical innovation for such regions require addressing and assessing unmet need in a cost effective and friendly manner. Medical innovation must as well be applicable to remote regions that have limited access to resources and workable with untrained and trained personnel.
Types of Innovation
In any field, innovation can be either radical or incremental. Incremental innovation involves improvement of services, products or processes within an organization. Mostly, it involves identification of the problems with existing set up as well as fixing them. On the other hand, radical innovation entails complete abandonment of familiar ways of doing things as well as finding an entirely different and new set up. Radical innovations are not only very risky but difficult to implement. Majority of persons in positions of leadership within an organization find it easy to implement incremental innovation as compared to carrying out radical innovation (Sloane, 2012). An incremental innovation example in medicine would include coming up with means that are less intrusive of disposing ailment or improving treatment effectiveness. Radical innovation in medicine might also include finding procedures that are entirely new of treating disease like the use of nanotechnology to fight cancer instead of using chemotherapy.
Incremental innovation as well as the benefit of making services, processes and products improvement as such, increasing their value. Radical innovation aids an organization to move with technological advances and removes risk of an organization producing services or products that are obsolete and from use of processes that are outdated (Sloane, 2012).
There are various sources that inspire innovation. It might result from the focus of creating new ideas as it happens in institutions of research r by accident, as is the case with numerous inventions, like NutraSweet and the microwave. The values or requirements that are conflicting in relation to a product could lead to product innovation to satisfy opposing notions at the same time. Process needs might also lead to innovation just as is the case of lack of skilled workers in the US during the 19th and 20th century which led to products standardization and labor division in industries. Some of the other sources include the demographics, changes in the new knowledge, industry and market structure as well as perception.
Long term survival of an organization is dependent on innovation. Organization leaders, therefore have the mandate of nurturing creativity among members of an organization, ultimately leading to innovation. Leaders who are receptive to new ideas, open minded and flexible have a higher possibility of encouraging innovation in their organizations. As earlier mentioned, majority of leaders are often good at implementation of incremental innovation rather than radical innovation. As such, they are supposed to give their juniors a chance to manage implementation of radical innovations since juniors have hands-on experience.
Often, creativity and innovation are used interchangeably. While this is wrong, it points out the fact both are related closely and they cannot be effective without each other. Creativity is an internal process occurring in the mind of a person while innovation is an eternal phenomenon. Without creativity, no innovation can exist and without innovation, creativity would not have any value.
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Leonard, S. (2011). Defining Medical Device Innovation in a Global Arena. MedTech Pulse Blog. Retrieved from: <http://www.qmed.com/mpmn/medtechpulse/defining-medical-device-innovation-global-arena>
Medical Innovation in the Changing Healthcare Marketplace: Conference Summary. (2002). the Characteristics of Medical Innovation.Washington, DC: The National Academies Press.
Sloane, P. (2012). What’s the Difference between Creativity and Innovation? Innovationexcellence.com. Retrieved from <http://www.innovationexcellence.com/blog/2012/08/04/whats-the-difference-between-creativity-and-innovation/>
Emiratization in the UAE and its Impact on Unemployment
The UAE, presently has a population that is estimated at more than 8 million. It is estimated expatriates make up 87% of this. According to the Ministry of Labor statistics (2009, cited in Koji, 2011), 99% of the workforce in the region are expatriates. There is no doubt, these figures are very alarming. Emiratization policies have been the response of the UAE government and strategy to the demographic imbalance noted in the labor market. The policies of Emiratization, in this regard are aimed at increasing the UAE nationals participation in the labor market, as well as reduction of the country’s reliance on expatriate labor and expertise. This paper evaluates the Emiratization policies as well as their effects on the unemployment state in the region (SCCI, 2009; Koji, 2011; Stuart, 2011; Forstenlechner, et al., 2012).
Emiratization and Unemployment
As stated above, the policies of Emiratization have always been aimed at increasing participation of UAE nationals in the labor market. In this regard, the government, also attempts to address the issue of low employment rates among nationals of UAE. In 2009, for instance, only 38.7% of UAE nationals were employed in the region as compared to 76.8% for expatriates (non-nationals) (Stuart, 2011).
In line with these policies, the government has already introduced a quota system within the banking industry. In accordance to the system, employers in the sector of banking are mandatory supposed to increase the number of Emirati workers by 4% annually and insurance by 5%. However, in 2010, amendments were done to the quota system as a response to challenges that Emiratization, as a national policy faced. The amendments were released by the Ministry of Labor. The private sector business, accordingly were compelled to “apply a specific Emiratization ration by implementing a quota based system” (SCCI, 2009, p.14). In this regard, companies were expected to reserve at least 15% of their positions for Emirati nationals in private industries. The companies, however, have been known for going round the requirements by attempting to fill these positions” with what are effectively non-jobs or ghost workers just to meet Government quotas” (Stuart, 2011, p.1). The government has been watchful in this case and companies guilt of such behaviors face great fines among other penalties like “additional punitive rates on labor cards” (Stuart, 2011, p.1).
However, despite this, the policy continues to face numerous challenges. For instance, according to Koji (2010), expatriates, more than the nationals are willing to tolerate poor working conditions, long hours of work, accept lower wages as well as tolerate jobs that are more physically demanding.
Ultimately, however, the question is whether the policies of Emiratization have in reality helped improve the rates of employment among the Emiratis (that is, decreased unemployment). This paper mainly focuses on the financial and banking sectors. The statistics and indicators of Emiratization cited by Al Tayer (The UAR financial and banking sector’s Head of the National HR Development Committee show results that are contrasting. For instance, in June, 2009, of 36,516 employees in the sector of banking, 11,188 were Emirati men and women. In other terms, UAE nationals constitute only 6% of the workforce. Almost, at the same rates, UAE nationals comprise only 6.5% and 10.6% of the workforce in exchange for financing and business respectively (SCCI, 2009).
Al Tayer expected towards the end of 2009, Emiratization percentage in the sector of banking would be 35% (which is the targeted percentage). Al Tayer made the argument that global crisis could not have any influence in the nationalization process of the sector’s workforce.
Despite promising figures seen in the financial and banking sectors, the reality is quite different. For instance, in 2008, December, UAE nationals in the financial and banking sectors were 53, 575. By 2009, June, the number decreased by 1,468 to 52, 107. This in part was attributed to resignations by UAE nationals from their positions. 1,388 UAE nationals in the sector had resigned between June 2008 and June 2009. In the end, the Emiratization process by 2009 dropped by 0.5%, 0.1% and 0.35% in the financial, insurance and banking sectors respectively. The indicators, further showed that the bank branches in the country had rose by 27 branches, reaching a total of 784 branches. Yet, the percentage of Emiratization has dropped over the same duration (SCCI, 2009).
Indeed, these figures are not a satisfactory justification of Emiratization. But again, the figures are not supposed to be read to mean Emiratization is having completely no effect towards rising participation of UAE nationals in the nation’s labor market. As it was, there are numerous factors that explain the contrastive trend, factors that do not exclusively have do with Emiratization only.
A possible explanation for the continued demographic imbalance has a lot to do with a shift towards non-oil sector which is aimed to reduce the dependency of the government on oil revenues. New sectors (manufacturing, construction and services) have expanded. Unfortunately, just as the government was forced to bring in a large number of expatriate workers during the 1970s owing to lack of skilled and unskilled national workers, such new sectors have prompted mass arrival of expatriates who take up jobs the UAE nationals are still just learning.
What is more, the UAE nationals do not like taking jobs in the unskilled sectors: “these sectors create job opportunities mainly for the expatriates because nationals tend to avoid working there due to the working conditions” (Koji, 2009b, and p.71-72). Another factor is the rising number of youth within the country. The national youth (15 to 24 years old) population in the nation is estimated at about 230,000. This is about 25% of the entire population. Statistics show 15,000 graduates (young people) enter the labor market annually. As such, while the efforts of nationalization go on, the overwhelming number of young people who are searching for work undermines the potential of Emiratization policy. Other aspects include development of human resource in the post-oil era (that is, great revenue against the inadequate human resource) as well as globalization among others (Koji, 2011; Forstenlechner, et al., 2012).
To conclude, this paper, through the statistics provides justification for the UAE government’s desire to increase participation of its nationals within the labor market. However, the efforts have not paid off, as it was initially affected to. The attitudes of UAE nationals towards certain types of working conditions and work, the increasing number of young people within the country, development of human resource in post-oil era and globalization among others are factors that contribute to contrastive effects of Emiratization in the nation. The implication that the policy has not failed necessarily, it might be a victim of other circumstances like the ones cited above. Time, might prove that the policy is effective.
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Forstenlechner, I., Madi, M.T., Selim, H.M. & Rutledge, E.J. (2012). Emiratization:
Determining the Factors that Influence the Recruitment Decisions of Employers in the UAE, The International Journal of Human Resource Management, 23(2), 406-421
Koji, H. (2009b), Expatriate Problems and the Transformation of Domestic Politics in the
GCC countries: the Case of the United Arab Emirates (in Japanese), in Japan Association for Comparative Politics (ed.), Comparative Politics of International Migration, Kyoto: Minerva
Koji, H. (2011). Controversies over Labor Naturalization Policy and Its Dilemmas: 40 Years
ofEmiratization in the United Arab Emirates, Kyoto Bulletin of Islamic Area Studies, 4(1&2), 41-61
Shariah Chamber of Commerce and Industry (SCCI) (2009). Emiratization-
Drawing Nationals into the Surging Economy, Al Tijarah, 38(11), 1-34
Stuart, G.H. (2011). Emiratization Seeks to Cut Employment Rate and Curb Reliance
on Expatriates, The National, March 05. Retrieved 10 January 2013, http://www.thenational.ae/business/emiratisation-seeks-to-cut-unemployment-rate-and-curb-reliance-on-expatriates
As it is the case with any (post) modern state, regulation and public policy in Canada have great impact on the lives of individuals. Educational standards, garbage disposal, public transit, access to media and driving standards etc. are among the areas or facets impacted by regulation and public policy. The focus of this response paper is on basic concepts of the Canadian public policy.
|How is “Public Policy”, defined by Miljan? At least use one specific example in your province, municipality or Canada as an illustration of understanding her definition.||The public policy, according to Miljan (2008, p.3) is action taken by the government of any nation together with its agents. For example, take the instance of toxic chemical in Canada. For years, polychlorinated biplhenyls were used, stored and disposed without much care for public safety. The government did not have any public policy to handle the latter till the time it realized there was need to worry about the public’s welfare. Without question, it was a case of the state’s failure to act, though not its decision not to act. Once the public became aware of cancer causing effects of PCBs, their elimination, transportation as well as use became an issue of policy.|
|When are instances when inaction is viewed as public policy? Use your own examples to explain||Inaction is regarded as public policy that is based on circumstances or situation where failure to take action gets exhibited and if the circumstance that might have been addressed by such action is looked upon as problematic. For example, in the case aforementioned, the inaction of government before the danger of PCBs was realized to have great health effects on people that were exposed to such dangers and it allowed stockpiles of currently the most toxic and feared chemical in Canada (Midjan, 2008, p 3).|
|What does Miljan mean by “the political agenda”?||According to Miljan (2008, p.6), “the political agenda, refers to the gestures, symbols and the words that are manipulated by the policy makers” indeed, they are a definition of what is imperative in the public’s life, how the issues are viewed, whose views need to be considered as well as the solutions deemed tenable.|
|Discuss the context that follows of your understanding of political agenda: “Political issues and policy problems are constructed out of the conflicting terminologies and values that different groups put forwards when they compete for things that cannot be shared in order to fully satisfy them. These problems and issues never exist apart from the symbols and words used to describe them” (Miljan, p.6).||This statement is an indication of the nature or language of communication policy maker’s use when they are formulating the problem of policy, solutions and issues that pertain to the same. The policies are just created or they are constructed by use of words, but they never realized. Indeed, policy makers make promises that they never fulfill. Only words and symbols describe them though they are never formulated. (Miljan, 2008, p.6).|
|Miljan argues prevailing cultural values are what determine what policy options a government is supposed to adopt. Use examples to illustrate understanding of this point.||The prevalent cultural values in the apparent generation are a depiction of policies taken by the government. Issues of policy like pay equity, pornography , women’s affirmative action, subsidized daycare and sexual harassment are cultural factors that determine the policies that governments are supposed to take (Miljan, 2008, p.)|
|What is “policy discourse”? Are we all able to equally influence policy discourse? This is a relevant point to subsequent readings to extent that it helps you understand how public policy on communication (e.g. the policy on the atrocious cell phone bills in Canada) evolve.||The policy discourse, according to Miljan (2008, p.7) is an unfolding drapery of words and symbols that actions, thinking and structures formulated from different definitions of a problem. We all cannot influence policy discourse. According to Miljan (2008, p.9) policy discourse is not free-for-all and is usual to talk of a systematic bias (a statement meant to depict how the system policy selects policy discourse).|
|Once a public policy is in place, the next issue is one that means achieving policy goals. What are the factors that influence the choice of means?||Some factors that influence choice of means include and is not limited to Human rights, domestic and international forces as well as the rights considerations injected into new domains (Miljan, 2008, p.19)|
|What is the relevance of studying public||The study of public policy is what enables those motivated to comprehend functions the government grasps with great ease. Through the study, they will get to know what governments do, the motive that is behind what they do and the results or consequences of their action (Miljan, 2008, p.17).|
Nevertheless, one of the ways the government intervenes is by manner of regulation in order to achieve policy goals through establishment of independent regulatory agencies. The subsequent part of this response paper is to focus on the latter that is based on Canadian public policy scholars, David Siegel and Kenneth Kernaghan.
|How are regulatory agencies defined by Siegel and Kenaghan (Note: please give me their definition, not the definitions of other scholars that they reference).||According to Kernaghan & David (1999, p.261), regulatory agencies refer to statutory bodies with the responsibility of establishing, administering, fixing, regulating or controlling an environmental, economic, cultural or activity through regularized and established means in the public interest and in regards to policy guidelines that are stipulated by governments. These regulatory agencies are managed by a minister and legislature reasonable in respect to matters of policy though have relative autonomy of deeds in decision making within the policy guidelines given.|
|List and summarize the functions of regulatory agencies||Adjudicative; focuses on the establishment of results in people’s cases dealing with regulation Kernaghan & David (1999, p. 261).Legislative; involves capability of regulatory agencies to formulate regulations and rules in a form of stipulated legislation, but with the force of law (Kernaghan & David, 1999, p.262)
Research; regulatory agencies deploy their staff members to they can research in given areas of regulation. This ensures they are conversant with any changes or trends in the field (Kernaghan & David 199, p.262)
Advisory after carrying out research, regulatory members will advise the ministry as well as operating departments regarding the need to consider specific issues of policy afresh (Kernaghan & David 1999, p.262)
Administrative, some agencies will have direct rules of administration while handling programs (Kernaghan & David, 199, p.261)
|What are the rationales Siegel and Kernighan provide for creation of regulatory agencies? List all and explain one briefly.||The rationales provided by Kernaghan and Siegel includes:Eliminating issues from politics, provision of judicial such as hearing, impartial, apply specialized expertise, future situations handling that cannot be foreseen by legislation, regulation of natural monopoly, smooth instability in the market, discrimination prevention where there is a situation of inequality, externalities control as well as provision of low cost option based on the standpoint of the government (Kernaghan & David, 1999, pp.263-267).
Natural monopoly as well is experienced whenever there is just one producer offering specific services. As such, regulatory bodies make sure such companies never exploit consumers via malpractices.
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Miljan, L., (2008). Basic concepts in the study of public policy. Public Policy in Canada: An Introduction. Toronto: Oxford University Press.
Kernaghan, K.,& David S., (1999). Regulatory agencies and deregulation. Public Administration in Canada. Toronto: ITP Nelson
Review of the article “The Association and Impact of Inflation and Population Growth on GDP: A Study of Developing World,” by Khan, et al, (2013)
Primarily, this article center on the discussion of effects of inflation on the economy and precisely on effects of inflation on population growth and GDP in developing nations. An overriding theme is presented in the article showing inflation has negative effects, as such, upsetting to an economy. Negative inflation effects in an economy include reduction or stagnation in disposable income, decline in individual savings and tax increases; hence, currency depreciation, increase in import prices as well as national savings. At inflation onset, the levels of income for individuals in an economy also become stagnant and they remain there as the rate of inflation intensifies.
Stagnation lead to tax increases in which case individuals get taxed a higher percentage of their income on services and good they consume. Increase in the tax bracket leads to low saving power of individuals in the economy. Additionally, individuals also save less during inflation as they are afraid their cash will diminish persistently in value at future dates. Such pessimistic perception leads to low national saving. Inflation leads to local currency to degrade value, leading to reduction of purchasing power. This makes imports more costly than exports. These negative inflation effects have great impacts on population growth and GDP in developing nations.
Generally, inflation leads to a decline in GDP growth in developing countries. As already aforementioned, inflation effects on the economy are negative. Inflation impact on individuals in saving translates to reduction in national saving. When the individuals in developing economy have a preference for saving less during recession, they reduce the function of saving of GDP, leading to reduction in overall growth of the national GDP. Additionally, the growth of national GDP in developing nations leads to decline during recession due to decrease of national income. Income is a GDP function; as such, when there is a decline in disposable income, national saving declines as well, reducing the national rate of GDP growth.
Depreciation of currency in the period of inflation causes decline in foreign direct investment in developing nations. Investment is a function of national GDP and as such, a decline in the investment results in decline of national GDP growth rate. National GDP growth is correlated positively to population growth. As such, decline in the national GDP it is an implication there is decline in population growth. This means during inflation, population growth is low as a result of low national GDP growth. Hard financial times that are experienced in the cause of inflation lead to negative impact on the health of individuals and life expectancy. Decline in the life expectancy and health in the course of inflation have pronounced effect on population growth in developing nations; population growth declines. This article, evidently relates to inflation since it provides a clear picture of inflation effects on the economy and precisely, effects of national GDP and population growth. This article, outlines various forms of economic components that are affected by inflation in developing nations, and how these effects translate into reduced population growth and GDP.
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Khan, A., Z., Yahya, F., Nauman, M. &Farooq, A., (2013).‘The Association and Impact of Inflation and Population Growth on DGP: A Study of Developing World,’ International Journal of Contemporary Research in Business, vol. 4, no. 9, pp. 903-911. Retrieved from: <http://journal-archieves27.webs.com/903-910.pdf>
Every so often, race as a social concept has not be taken serious as many people contemplate that the American system of leadership and the legal framework have defeated the bad habit. This is false because of the verity that most of black Americans still agonize from disparity prejudices, racism, racial profiling as well as discernment. Despite the fact that the president of America is an African American elected by the people, the nation is not free from physical disparity racism, prejudices or discernment. Even though an individual may demonstrate that the scope of bigotry and discernment has lessened, it still thrives in the minds as well as setting of the American system. The United States department results in 2003 showed that African Americans made 10.4 percent of all the imprisoned people at the age of 25 to 29 years, expound the stand these individuals have taken. This is in comparison to similar results where Hispanic men imprisoned were 2.4 percent whereas white Americans were only 1.2 percent.
Despite the fact that it may be factual that the African Americans are vulnerable to wrongdoings because of their past account, social, financial, education level and demographic patterns amongst other facets, there is no equal treatment against white Americans when it comes to sentences, trials, and arrests or jail terms. Study undertaken shows that the African Americans are most probable to get unkind jail terms as well as more years when sentenced in comparison to white people. Altogether, even though the justice framework is perceived as unbiased, certain components of controlled disparities, where the African American are discriminated when it comes to conviction or prosecution. The same happens when it comes to convictions on capital punishments despite the offended being the African America, whereby less actions are taken against the white American. This paper will focus on dealing with the issue why many African American men between age bracket of 25 to 29 years are probable to be jailed than the white people or Latinos, facets that impact those involved in the wrongdoing and also the planned disparities in the judicial framework when it comes to lawyers, lawmakers as well as judges composition.
Why blacks at the age of 25-29 are more likely to be in jail than the Whites or Latinos
From the study as well as research undertaken, the population of black Americans who get jailed is more than the number of people from other races. Black men aged 25 to 29 years are probable to remain in cell accompanied by harsh punishment. Several explanations can be pinpointed to this verity that incorporate the resulting variables.
As stated by Torr (2004), black people experience challenging financial issues, and this pushes them to take part in wrongdoings than the white people. Torr (2004) signposted that the joblessness rate of blacks is double that of the white Americans, and poverty rates are thrice than those of the white Americans. Financial gap as well as poverty led to wrongdoings as individuals struggle to find ways to meet their social needs. These leads to the black Americans being vulnerable to joblessness as well as poverty, and thus, take part in criminal habits that result to their apprehension and trial. As Robert and Rector (2000) in Schram (2006) stated, the US Bureau of Census (1999) showed that 33.1 percent of the black kids were deprived in comparison to 13.5 percent of the white children populace (Schram, 2006). Poverty is more probable to push the black Americans to take part in wrongdoings so as to sustain themselves.
Study undertaken shows that a link between wrongdoings as well as family setups exists. Certainly, poor child upbringing as well as single childcare have been ascribed for swaying youngsters to participate in wrongdoings in coming days. Simultaneously, family violence as well as children abuse probably sway youngsters to take part in wrongdoing. Majority of black America single parents are poor, and this impacts the development of their kids who get involved in criminal activities leading to their apprehension as well as trial.
Education aids greatly in lessening criminal activities as it lessens financial merit of an individual taking part in the wrong activity. The white people are more probable to acquire finest education than the black people, and thus they have more job openings than the black people. Being deprived education leads to joblessness as well as poverty. To meet day to day requirements, many people start taking part in wrongdoings that eventually get them apprehended as well as imprisoned.
Community and the peer pressure
The community where people live shows what to expect in near future. Living in poor houses, congested as well as slum regions, where security is not guaranteed is probable to push youngsters to take part in wrongdoings as well as gangs. Due to the fact that many deprived black people live in slums, they are probable to be apprehended for wrongdoings, crimes and other harmful conducts than the white people.
Alcohol and drug abuse
Alcohol plays a great role when it comes to criminal undertakings. Even though it is not backed by exceptional facts, poverty degree amongst the black youngsters pushes them to participate in alcohol consumption more than the white people. The alcohol venture causes individuals involved to traffic weapons in the states, be part of other crimes and hijack people as they undertake their illegitimate ventures. Black people are more involved in these crimes than white people in the society and this causes more apprehension, trial as well as sentencing.
Despite backing for the equality and unbiased judgment by judges in the legal framework, research from the California study showed that Black people were jailed for longer periods more than the white people were offered probation terms (Walker, Spohn & DeLone, 2012). This shows the unjust treatment amongst the black people and the white judges. This is probable to lead to one race being enslaved than the other.
Racial disparity in prison sentencing
In the account of the judicial framework in the U.S, there is a verified racial profiling on offenders sentencing. Study shows that in June 2004, 4919 out of every 10000 African Americans, 1717 of 10000 Hispanic men, and 717 of 100000 white men were imprisoned (Walker, Spohn & DeLone, 2012, p. 284). These verities can be acquired from two proportions; the judges sentencing decisions and the statistics acquired from the prison populace and admissions. As Spohn (2008) designates, racial gap in sentencing has not culminated as the 2006 figures showed that per 100000 citizens under imprisonment, 3042 were the ratio for the black male, 1261 for the Hispanic male, and 487 for the whites (171-176). This shows a sign of disparity and may have been as a result of several facets.
One of the motives that could expound the inequality in imprisonment, may be due to the verity that black American men and the Hispanic take part in many wrongdoings in comparison to the white people (Walker, Spohn & DeLone, 2012, p. 285). Whilst, it could be probable that this people have more wrongdoing accounts in comparison to the white people. Simultaneously, due to the financial disparity amongst the white and black Americans, the young African American are probable to be jobless, and this has forced them to take part in wrongdoings, therefore causing their apprehension as well as imprisonment. Spohn (2008) expounds that jobless people are probable to get rougher sentence than those working, causing racial discernment whilst the black American is probable to get rougher sentence due to prejudices and discernment from the judges (Spohn, 2008, pp. 171-176). The judge might consider the ethnicity and race of the offended when making decisions, which leads to a prejudiced sentence.
Representation of the African Americans in the criminal justice system
The many black Americans in prison can be expounded from the presentation of viewpoints of the judges, lawyers, prosecutors as well as legislative representation. The few black Americans in the justice framework brings in an option of prejudice in the system. When the prosecutor is white, the judge being white, and the defense of black ethnicity, some incidents culminate in discriminatory verdict. As Free (2003) pointed out, 12.8% of the US population are Black Americans, but less than 9% of their population is represented in the House of Representatives (19-24). Whilst, the judicial framework is known to make up only 5.7% of African American lawyers and judges. This is a sign that black American people are underrepresented in the power structure than in the legislature or in judiciary, and this showed that the underrepresentation is probable to impact the manner judgment is undertaken on the black and white criminals.
The existence of few African American lawyers causes underrepresentation of the black people in the court of law. Whilst many cases that black Americans deal with may exhaust the lawyers as well as defense counsels, causing a circumstance that they will not be capable of dealing with these cases successfully. Even though this is not backed by material verities, it is factual that they are surprised by the workload of representing the black Americans. It ought to be denoted that the component of discernment is culminating, however some destructive components may yet be evident that should be dealt with. Hudson, in his book “Entangled by White Supremacy” directs that the cruelty of the white people does not acknowledge the blacks in the job market as well as education industry, in the sense that the white people hold every work place in the discriminatory system, judge, lawmaker, sheriff and county magistrate (Hudson, 2009).
Even though discrimination condition has significantly lessened, the social creation of disparity is still present. With disparity existing, it is vastly doubtful that the current situation of the American system will completely adjust, chiefly due to the fact that there are those individuals who have labeled black Americans to be of second class as well as nobody, if not mediocre to the white people.
The black American men of the aged bracket of 25 to 29 years are most probable to be jailed than any other races. This is due to the black peoples’ predisposing facets, which incorporate discriminations, underrepresentation, poor academic backgrounds as well as socioeconomic status amongst other facets. The percentage of lawyers, judges and other professions in the judicial system fails to equally represent the African Americans, and this may have led to high rate of black prisoners in jail. More has to be undertaken to deal with the numerous social constructions that restrict equality and parity in the American justice system.
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Cochran, J. L., & Fisher, D. (2003). A lawyer’s life. New York: Thomas Dunne Books/St. Martin’s.
Free, M. D. (Ed.). (2003). Racial issues in criminal justice: The case of African Americans. Greenwood publishing group.
Hudson, J. (2009). Entangled by White Supremacy: Reform in World War I-era South Carolina. University Press of Kentucky.
Schram, S. F. (2006). Welfare discipline: Discourse, governance, and globalization. Philadelphia: Temple University Press.
Spohn, C. (2008). How do judges decide The search for fairness and justice in punishment. SAGE Publications Inc.
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Walker, S., Spohn, C., & DeLone, M. (2012). The Color of justice: Race, ethnicity, and crime in America. Belmont, CA: Wadsworth Publishing Co.