Benefits And Disadvantages Of Different Research Methodologies As Tools For Conducting Independent Legal Research At Postgrad Level

Is the prime minister too powerful?: essay help online free

There are a lot of political issues in Great Britain today. United Kingdom is a large, industrialized democratic society and as such it has to have politics and therefore political issues. One of those issues how should executive branch work and whether the Prime Minister has too much power. Right now in Great Britain there is a great debate on this issue and I am going to examine it in detail. The facts I have used here are from different writings on British politics which are all listed in my bibliography, but the opinions are my own and so are the arguments that I used to support my views.

First let me explain the process through which a person becomes a Prime Minister. The PM is selected by the sovereign. He (or she) chooses a man who can command the support of majority of the members of the House of Commons. Such a man is normally the leader of the largest party in the House. Where two are rivals in a three party contest such as those which occurred in the 1920s he is usually selected from the party which wins the greatest number of seats. The Prime Minister is assumed to be the choice of his party and nowadays, so far as he can be ascertained, participation of a monarch is a pure formality. Anyone suggested for this highest political office obviously has to be a very smart and willing individual, in fact it has been suggested that he be an “uncommon man of common opinions”(Douglas V. Verney). Not all Prime Ministers fitted this bill exactly, but every on of them had to pass one important test: day-to-day scrutiny of their motives and behavior by fellow members of Parliament before they were ultimately elected to the leadership of their party. Unlike Presidents of the United States all Prime Ministers have served a long apprenticeship in the legislature and have been ministers in previous Cabinets. Many Presidents of our country have been elected and on many occasions they have never even met some of their future co-workers, such as case of Kissinger and Nixon who have never even met prior to Nixon’s appointment.

Let’s now examine the statutory duties and responsibilities of the Prime Minister. Unlike the United States where the President’s duties are specifically written out in the Constitution, the powers of the Prime Minister are almost nowhere spelled out in a statute. Unlike his fellow ministers he does not receive the seals of office: he merely kisses the hands of the monarch like an ambassador.

The Prime Minister has four areas of responsibilities. He is a head of the Government; he speaks for the Government in the House of Commons; he is the link between the Government and the sovereign; he is the leader of the nation. He is chief executive, chief legislator and chief ambassador. As we can see the PM has an wide range of powers, maybe too wide. As head of the Government the Prime Minister has the power to recommend the appointment and dismissal of all other ministers. Far from being merely first among equals, he is the dominant figure. Ministers wait in the hall of PMs office on No.10 Dowling Street before being called into the Cabinet room. He may himself hold other portfolios such as that of Foreign Secretary(as did Lord Salisbury) or Minister of Defense (as did Mr. Churchill). He has general supervision over all departments and appoints both the Permanent Secretary and the Parliamentary Secretary. The Cabinet office keeps a record of Cabinet decisions to make sure that PM has up to date information. He controls the agenda which the office prepares for Cabinet meetings. There is a smaller Prime Minister’s Private Office which consists of a principal private secretary and a half a dozen other staff drawn from civil service. Perhaps owing to American influence the two offices are becoming increasingly popular and there are signs that the Prime Minister is no longer content to be aided by non-political civil servants. There is little doubt that if he chooses the PM can be in complete command of his Cabinet.

The PM must also give leadership in the House of Commons, though he usually appoints a colleague as Leader of the House. He speaks for the Government on important matters-increasingly, questions are directed to him personally-and controls the business of the House through the Future Legislation Committee of the Cabinet which he appoints mainly from the senior non-departmental ministers. Since the success of his legislative program depends mainly on support of his party he must as a party leader attend to his duties and ensure that the machinery of his party is working properly and in the hands of men he could trust. Basically the PM controls his party and in essence he controls the Parliament, but that is not all. The PM alone can request the sovereign to dissolve the Parliament and call a new election, it is open to debate whether it is this power

to allow him the control of the party and the Parliament. I agree with this argument completely because if the PM doesn’t like the way it is going with his party he can always announce new election so the Parliament pretty much backs up whatever the PM proposes. This is my main argument for this paper. In United Kingdom there is no system of checks and balances like there is in United States. In UK the PM and the Cabinet make a decision which is then almost blindly supported by the Parliament. A real democracy cannot function this way where there is one person of power and the rest can hardly do anything about it. Members of the majority party will not go against the will of PM because it means going against the will of their own party and that is unheard of in England, members of the opposing party cannot do anything because they are a minority. The Queen herself is a figure-head and does not have any real power. The PM is a link between the monarch and the Government, he keeps the Queen aware of what goes on with the Cabinet, the Government and the world at large. Although the Queen is a fictional figure and has no real power she can damage the reputation of the Government and the entire country by one careless word. It is the Prime Minister’s responsibilities to keep the monarch well informed. Other ministers however can only see the monarch with the PMs permission (the monarch however can see whomever she chooses). As we can see, here is another illustration of PM having too much power. He basically has an exclusive relationship with the monarch and controls who can see the Queen and who cannot. In US this is unthinkable, any congressman can request an audience with the President if he wants and if let’s say the Chief of Staff wanted to limit that in any way then he would run into some serious problems.

Finally the PM is the leader of the nation. In time of crisis the people expect him to make an announcement and to appear on television. Increasingly he should be a man who can not only secure the confidence of House of Commons, but of the man in the street or rather the man in the armchair in front of the television. Elections are ostensibly fought between two individual parliamentary candidates, but in practice they are contests between national parties which offer their own political and economical programs. The parties convey an “image” to the nation through the voice and appearance of their leaders. The Prime Minister must outshine his rival, the Leader of the Opposition. In the 1964 election, when the Liberals doubled their vote, much importance was attached to the TV performance of the Liberal leader, Jo Grismond.

The Head of State and traditional “symbol of the Nation” may be the Queen and the Royals, but the chief executive is in reality the PM. It is to his desk that ultimately all difficult problems come whether these involve participation in NATO, the balance of payment crisis, the budget-or even the royals’ love affairs(as in 1936 and again in the 80’s and 90’s). It is the PM that has to symbolize his country’s policies abroad and it is he who must personally convince political leaders in other countries that his Government can be relied upon.

The Prime Minister is also chief legislator. Through the Future Legislation Committee, he determines which bills the House of Commons will discuss during the session, and can attach whatever importance he chooses to the Immigration Bill or Steel Nationalization Bill. With few exceptions bills are introduced in the House by the Government and if they are important they require the backing of the Premier.

Also he is the chief administrator. Not only does he supervise the departments and chair Cabinet meetings but he directs the Cabinet Office and the Office of Prime Minister. In economic affairs he decides governmental strategy in conjunction with his Chancellor of the Exchequer and Minister of Economic Affairs, if there is one, and leaves these ministers to implement his policies. In defense policy he chairs the Defense Committee of the Cabinet, leaving the details to the Secretary of Defense(Army, Navy and Air Force) and the Chiefs of Staff. Foreign Affairs, normally the responsibility of the Foreign Secretary, require the intervention of the PM when really important decisions have to be made.

As we can see the PM is potentially a very powerful figure. Everything depends on how he chooses to use this power and the success with which he delegates some of his responsibilities.

All PMs have had an inner circle of ministers to which he turns when quick decisions have to be taken. The more important departmental ministers tend to be the Foreign Secretary, the Home Secretary and the Chancellor of the Exchequer; but these may not compose the inner circle of the given PM. Senior ministers don’t have to be the members of the inner circle. They usually are, but not all the time. The Cabinet is usually as follows: the PM, three to six inner circle members and the remainder of the Cabinet which number about fifteen. I think it is obvious to see why the PM needs an inner circle. In United States for example the President can approve the appointment of a person to a high political position without having ever met him/her. In Britain this would sound ridiculous, all major political figures know each other for years having probably gone to same schools together. The Brits believe that good friends make good decision makers which to me sounds very reasonable. This fact can be viewed from two different perspectives: some people say that when a new PM is elected he usually appoints all his friends to high positions by doing this he creates an inner clique with which he governs as an absolute ruler, the opposing view says that you need to know your colleagues for years in order to successfully work with them. Both views have a point and this is a very hot topic in British politics right now.

Human Resource Management, Planning and Development, and Performance of McDonald’s restaurant

Introduction

The objectives of this report are to look at the Human Resource Management (HRM), Human Resource Planning and Development (HRP & D), and Performance of McDonald’s restaurant. Furthermore, it explains the human resource management activities, models of human resource management, effectiveness of organisational objectives, performance monitoring of McDonald’s restaurant. The human resources of any organisation are the most important resource that is the direct connected between the quality of the workforce and ultimate goals. The human resource department of McDonald’s is responsible for right people, right number, right jobs, right time, right cost with right knowledge, skills, experience in the right place and also responsible for training of all staff and keeping evidence on them. It also indicates us what is the usage of human resource management and how does it work in the company.

McDonald’s fast food restaurant began in America in 1954. It is leading food service retailer around the world with more than 30,000 restaurants in 119 countries serving 47 million customers each day. Moreover, McDonalds is one of the world most well-known and valuable brands and increasing share in the globally. Now it is recognised worldwide establishment and first restaurant in the UK. Today more than 2.6 million people of the UK trust about McDonalds and go to eat due to provide good food with a high standard, quick service and value of money.

Task-1
Human Resource Management (HRM)

Human resource management is the people management function where organizational function is fulfilled and focuses on the issues related to people for example compensation, performance management, organization development, safety, benefits, employee motivation, communication, administration ,training and, etc.

As defined by Storey in 1995, ”HRM is a distinctive approach to employment management which seeks to achieve competitive advantage through the strategic development of a highly committed and capable workforce, using an integrated array of cultural, structural and personnel techniques.”

Human Resource Management (HRM) Activities

Human Resource Management (HRM) deals with the ‘Human’ feature of an organisation. There are many activities of an organisation to achieve their ultimate goals. To cite an example Recruitment and selection, training and development, human resource planning, provision of contracts, provision of fair treatment, provision of equal opportunities, assessing performance of employees, employee counseling, employee welfare, payment and reward of employees, health and safety, dismissals and redundancy, and etc. I am explaining three of them as below

Recruitment and Selection

In an organization, a change happens in the level of employees where HR department maintain the requirement of personnel to meet the demand. For effective recruiting, recruitment process can be costly and takes a great deal of time to set up. It includes on what jobs needs, advertising, application, identifying who best meet the criteria, interviewing candidates, finally selecting the best candidate for the post, and etc. McDonald’s advertise their job vacancies on their specialized websites and use their own personnel department to recruit staff.

Objectives of the Recruitment and Selection

The objectives of the recruitment and selection process of human resource management are as below

To identify the most appropriate candidate to fill each post.
Keep the cost of selection down
Making sure that necessary skills and qualities have been specified and developing a process for identifying them in candidates
Make sure that the candidate selected will want the job, and will stay with McDonald’s
To make the most of the effectiveness of the McDonald’s recruitment and selection practices.

Achievement of the Recruitment and Selection

In the McDonald’s, recruiting process is run throughout the year. Like other organisations, McDonald’s recruit internally and externally, and they for the most part recruit their managers and Assistant managers internally rather than externally, because it is easier and less training is needed due to the candidate is well known about the job. Just about 50% of McDonald’s salaried managers are promoted from within McDonald’s.

In addition, for preparing the job description, McDonald’s describe the job title, department, location, the responsibilities, the job purpose and duties.

McDonald’s uses the application form with questions which are typical questions, to know what qualification the applicant has, such as knowledge, skills, experience, and etc. Application form fill-up and make the answer of question is the first step for applicant at crew member level.

For the recruitment process, Interview is the most crucial part for McDonald’s potential employee. From the short listed candidate, McDonald’s call for interview with area manager or store manager at their flexible nearest branch. From the face to face interview, interviewers can know about applicants, such as behaves, confidence, knowledge, and basically how the applicants come across as a person. At crew member level, interview is the second step for applicant.

At this step, short listed candidates involve selecting a small number of applicants for the next stage. This selecting process will be carried on until the right numbers of candidates are found with the wanted quality. As a result, the recruiting team can be able to distinguish easily the strong applicants from the weak hundreds of applicants. McDonald’s inform to the successful candidate over mobile phone or by email within one week. One day, McDonald’s arrange an induction for a new employee that may turn him or her into a long term, loyal member of staff. In the McDonald’s, the induction process begins even before the candidate is offered the job.

Training and Development

From the initial training that is called skill training, Employee can know the basic job knowledge of each position and can develop. Moreover, ongoing training program provides a more advanced level of job knowledge and make an economical employee. An ongoing programme of training evaluation enables employees to keep training up to date and according to the demand of the business. McDonalds training and development programme is an important part to the 100% customer satisfaction that the company aims to achieve ultimate goal.

Objectives of the Training and Development

McDonald’s arranges training and development programme for many reasons. For example, training and development programme may be introduced to:

Increase job satisfaction and motivate employees, as a result, reducing absenteeism and labour turnover.
Reduce wastage and accident rates by gaining a excellent performance across the workforce.
Develop the skills of existing employees to cope with labour shortages
Establish the most effective and efficient working methods in order to maximize productivity and remain competitive
Use of new equipment and the application of new technology.

Achievement of the Training and Development

We believe that training is the foundation of any success and McDonald’s think so. Immediately, training begins with a one-hour orientation in McDonald’s. Each branch of McDonald’s has its own video player and training room. Step–by –step manuals and video tapes are played every detail of the operation. So, McDonald’s is dedicated to the training and development of all their employees, providing career opportunities. So, it is an ongoing process of all McDonald’s employees – it is everyone’s job, every day. According to the employee position, all employees are to receive induction training followed by a structured development program. After completing the initial training, they are to pass one Observation Check list (OCL) in the particular area with successfully.

In McDonald’s has 21 days of employment probationary period. During this probationary period, employee’s performance is to evaluate. For example, standard of work, personal attitude, teamwork, focus of customers, hygiene and etc. After completing the probationary period, they must be achieved a competency rating of satisfactory. If they fail to meet the standards of required of performance, they can be terminated at any time during their probationary period.

Human Resource Planning

To achieve the McDonald’s goals, human resource planning is concerned with getting the right people, using them perfectly, and training and developing them. In order to meet McDonald’s aims and objectives successfully, people using are to identify perfectly and effective way and to identify any problem that are likely to occur (such as recruiting the best candidates) and then getting with proper solution.

”Human Resource Planning (HRP) is the process of ensuring an organisation has the correct staff at the right time, with the right skills and abilities in the right place.”

Objectives of the Human Resource Planning

The aims of Human Resource Planning (HRP) are to

create the best use of human resources
look forward to the problems with surplus staff
build up a well trained and flexible workers
decrease organisation’s dependence on outside recruitment agencies

Achievement of the Human Resource Planning

Like all other businesses, for daily activities carry out McDonald’s need the assistance of staff. All the important number of staff in McDonald’s fulfils a key role in its operation. Without sophisticated technology McDonald’s would not be successful, for setting up properly human being are responsible.

If the manager of McDonald’s do not select the potential employees in careful way and do not match against the ability of post that means who are unsuitable, it can create a number of problem, for example

poor productivity levels
no good feeling among staff
job dissatisfaction
high absenteeism levels
customer complains
dismissal
replacement

For demand of labour, McDonald’s analysis its future plans and estimate the levels of activity within McDonald’s. As a result, they can predict that the organisation has right number of potential employee with right quality.

The external labour market is very important for any organisation because of it can make up of potential employees, locally, regionally, who have the right skills and qualification necessary at any time. For McDonald’s, local unemployment figures are very important who give the indication of the general labour availability required at that time.

Also, Human resource planning of McDonald’s includes searching at how labour is organised within a business or an organisation.

Theoretical Models of Human Resource Management

Generally, human resource strategy is performance or behaviour based. In addition, employees are a main resource for any service organisation.

”Organisations which successfully manage change are those which have integrated their policies with their strategies and strategic change process.”

Johnson & Scholes (1992) Exploring Corporate Strategy

There are a lot of models associated within an organisation. Such as

The Fombrum, Tichy and Davanna model
The Harvard model
The Warwick model
Guest’s model and etc

Two models are explained among them as below:

The Harvard model

According to the Harvard Model, “HRM polices need to derive from critical analysis of: the demands of the various stakeholders in a business and a number of situational factors”

Hannagan Tim, 1995

Employees are variable and valuable for any organisation. Moreover, organisations are owned and operated by various employees or people (stakeholders), the task of the management is to balance the returns to every person involved. The Harvard model emphasises on the importance of integration HR policies with business objectives. The Harvard Model is emphasised as the ‘soft’ approach to HRM, employees like stakeholders of the company. In this model has discussed four areas such as, reward system, employee influences, human resource flow, and work systems, there are also included situational factors such as influence of trade unions, labour market, and laws. These are also relevant to the theory. The effectiveness of the HRM is related to the four ‘C’s’ with the theory. The four ‘C’s’ are “Commitment, “Competence, Congruence and Cost-effectiveness. According to the Harvard theory, employees are an asset rather than a cost.

In McDonald’s, line managers are responsible for people and store managers are responsible for the day to day running as a mixture of both the hard and soft approach. McDonald’s believes that Staffs are an asset for them which are shown by training provision and should provide long term investment for the company.

Guests Model

Devid Guest has developed his model based on the Harvard model and included four outcomes which has developed into four policy goals

Strategy integration
Commitment
Flexibility
Quality

Guests (1987) theory, is also included in McDonalds policy, Guest believes the organisation should, “aim for high level of commitment from staff, obtain high quality output, continually improve standards, flexibility from staff, no fixed job definitions, working practices and conditions and seek strategic integration through HR policies.”

In McDonald’s, improving standards continuously and flexible working times offering for staff. Line managers of McDonald’s accept HRM policies and combine them into strategic plans, staff changing roles are allowing within the organisation.

Acknowledged as culture, every organisation has different values, ideas and beliefs that affect the way they operate.

According to Handy, there are four types of culture; Power, Role, Task and Person. McDonald’s culture combines two of these. Top management of McDonald’s reflects ‘power’ culture that makes the overall decisions and allowing rapid response to decisions. Other one is the ‘task’ culture. In McDonald’s, the overall aim of the organisation is task orientated and focussing on team culture, and powerful communication between all levels of staff.

McDonald’s has integrated the contingency approach by considering the environment culture. Contingency approach suggests that ”different problems and situation require different solution”, for making a sound solution, need both internal and external influences ‘fit’ together. Also, this approach influences promotions of staff that comes from the company means McDonald’s restaurant. It is very helpful for the staff and staffs are offered appraisals that means increasing job opportunities for staff.

Task-3
Performance management

For the successful practices of people management, performance management is a holistic process which bringing together many elements of the organizational function. It includes particular learning and development, and gives an overview of employee status.

Performance management is establishing a culture where individual and groups get responsibility for continuous development of business process and their own contributions, skill and behavior. Performance management is about interrelationships and improving the quality of relationship between manager and individual, between manager and teams, between members of teams, and etc. So, McDonald’s believe that it is a joint process, not a one off-event, not just managers, apply to all employees. Therefore, McDonald’s business manager can make clear what they look forward to individual and teams to do. For example, how they should be managed and what they need to do their jobs.

Human Resource performance monitoring

McDonald’s follows the ongoing performance management for employees. For example, setting goals, monitoring the employee’s accomplishment of those goads, contributing feedback with the employee’s, evaluating the employee’s performance, rewarding performance or firing the employee. Performance management includes frequent activities to establish organisational aims to achieve those goad more effectively and efficiently. McDonald’s believe that the best approach to accomplish ‘value for money’ is to monitor the performance levels of staff and want to reduce wasteful actions.

Effective Human Resource Performance

By monitoring improvement, departmental managers or business managers can assess the efficiency of employees and determine which ones are meeting the terms of their agreement and contributing to McDonald’s success. McDonald’s monitoring is the quality of work being produced that is one of the features and the efficiency levels within departments. Employee’s performance helps the manager to know how they have been getting better in their business with the employees. For the future, it is an employee roadmap which increases job satisfaction. McDonald’s think that it can help to develop their talent pool, support potential assessment and succession planning.

Suggest ways to make improvements

Sometimes, we see that poor performance lead to dismissal. If without checking, wastefulness is allowed to continue, staff will lose interest, motivation will be concentrated and no encouragement to produce good quality products or services. If the employees know that what jobs are doing, how they are doing, employees will be happier. If they know that they are doing good jobs, that’s recognized, generally, they will keep on to do a good work and may make well every effort to do more. Otherwise, if they do not get people feedback, they are not doing good job, company cannot expect them to be either satisfied or productive. From the view of the company, if staffs are inefficient, customers will not return to McDonald’s for repeat purchase due to many complaints and uncompleted responsibilities will push up costs to a very high figure. So, need to inform them according to responsibility.

The Daedalus myth – its role in A Portrait of the Artist as a Young Man: essay help online free

James Joyce’s A Portrait of the Artist as a Young Man is a novel of complex themes developed through frequent allusions to classical mythology. The myth of Daedalus and Icarus serves as a structuring element in the novel, uniting the central themes of individual rebellion and discovery, producing a work of literature that illuminates the motivations of an artist, and the development of his individual philosophy.

James Joyce chose the name Stephen Dedalus to link his hero with the mythical Greek hero, Daedalus. In Greek myth, Daedalus was an architect, inventor, and artisan. By request of King Minos, Daedalus built a labyrinth on Crete to contain a monster called the Minotaur, half bull and half man. Later, for displeasing the king, Daedalus and his son Icarus were both confined in this labyrinth, which was so complex that even its creator could not find his way out. Instead, Daedalus fashioned wings of wax and feathers so that he and his son could escape. When Icarus flew too high — too near the sun — in spite of his father’s warnings, his wings melted, and he fell into the sea and drowned. His more cautious father flew to safety (World Book 3). By using this myth in A Portrait of the Artist as a Young Man (Portrait of the Artist), Joyce succeeds in giving definitive treatment to an archetype that was well established long before the twentieth century (Beebe 163).

The Daedalus myth gives a basic structure to Portrait of the Artist. From the beginning, Stephen, like most young people, is caught in a maze, just as his namesake Daedalus was. The schools are a maze of corridors; Dublin is a maze of streets. Stephen’s mind itself is a convoluted maze filled with dead ends and circular reasoning (Hackett 203):

Met her today point blank in Grafton Street. The crowd brought us together. We both stopped. She asked me why I never came, said she had heard all sorts of stories about me. This was only to gain time. Asked me, was I writing poems? About whom? I asked her. This confused her more and I felt sorry and mean. Turned off that valve at once and opened the spiritual-heroic refrigerating apparatus, invented and patented in all countries by Dante Alighieri.

(Joyce 246)

Life poses riddles at every turn. Stephen roams the labyrinth searching his mind for answers (Gorman 204). The only way out seems to be to soar above the narrow confines of the prison, as did Daedalus and his son. In Portrait of the Artist, the world presses on Stephen. His own thoughts are melancholy, his proud spirit cannot tolerate the painful burden of reality. In the end, he must rise above it (Farrell 206).

At first, Stephen does not understand the significance of his unusual name. He comes to realize, by the fourth chapter, that like Daedalus he is caught in a maze:

Every part of his day, divided by what he regarded now as the duties of his station in life, circled about its own centre of spiritual energy. His life seemed to have drawn near to eternity; every thought, word and deed, every instance of consciousness could be made to revibrate radiantly in heaven…

(Joyce 142)

Throughout the novel, Joyce freely exploits the symbolism of the name (Kenner 231). If he wants to be free, Daedalus must fly high above the obstacles in his path.

Like the father Daedalus and the son Icarus, Stephen seeks a way out of his restraints. In Stephen’s case, these are family, country and religion. In a sense, Portrait of the Artist is a search for identity; Stephen searches for the meaning of his strange name (Litz 70). Like Daedalus, he will fashion his own wings — of poetry, not of wax — as a creative artist. But at times Stephen feels like Icarus, the son who, if he does not heed his father’s advice, may die for his stubborn pride (Litz 71). At the end of Portrait of the Artist, he seems to be calling on a substitute, spiritual parent for support, when he refers to Daedalus as “old father, old artificer.”(Joyce 247),(Ellman 16). Even at Stephen’s moment of highest decision, he thinks of himself as a direct descendant of his namesake Daedalus (Litz 71).

Stephen’s past is important only because it serves as the fuel of the present. Everything that Stephen does in his present life feeds off the myth of Daedalus and Icarus, making him what he is (Peake 82). When he wins social acceptance by his schoolmates at Clongowes, he does so by acting deliberately in isolation — much as Daedalus in his many endeavours: “They made a cradle of their locked hands and hoisted him up among them and carried him along till he struggled to get free” (Joyce 52). When he reports Father Dolan to the Rector, he defends his name, the symbol of his identity (Peake 71):

It was wrong; it was unfair and cruel: and, as he sat in the refectory, he suffered time after time in memory the same humiliation until he began to wonder whether it might not really be that there was something in his face which made him look like a schemer and he wished he had a little mirror to see. But there could not be; and it was unjust and cruel and unfair.

(Joyce 47)

The myth’s pattern of flight and fall also gives shape to the novel. Each chapter ends with an attempted flight, leading into a partial failure or fall at the beginning of the next chapter. The last chapter ends with the most ambitious attempt, to fly away from home, religion, and nation to a self-imposed artistic exile (Wells 252): “Welcome, O life! I go to encounter for the millionth time the reality of experience and to forge in the smithy of my soul the uncreated conscience of my race.”(Joyce 247). By keeping his audience in doubt as to whether Stephen is Icarus or Daedalus, Joyce attains a control that is sustained through the rhythm of the novel’s action, the movements of its language, and the presiding myth of Daedalus and Icarus (Litz 72).

Stephen Dedalus is not Joyce’s alter-ego, but another paralyzed victim of the Dublin environment (Kenner 229). Stephen’s environment is what confines him to a world lacking in creativity and innovation: “He wandered up and down the dark slimy streets peering into the gloom of lanes and doorways, listening eagerly for any sound. He moaned to himself like some baffled prowling beast.” (Joyce 93). Stephen’s ultimate rebellion is a classic example of a young person’s struggle against the conformity demanded of him by society (Grose 242). The young Stephen possesses a childish faith in his family, his religion, and his country. As he matures, he comes to feel these institutions are attempting to destroy his independent spirit. He must escape them to find himself (Ellman 15).

Stephen alone continually discards the scripts or plans he has been handed. Dutiful son, docile student, repentant priest — he refuses all of these titles in the name of creativity. Stephen’s ancient namesake did much the same, rejecting the classical society of ancient Greece, and opting for a more unconventional life as an artist (Brandabur 161). Stephen’s spiritual struggle is one involving the acceptance or rejection of this ordered other world (Farrell 207).

Stephen’s rebellion is directed against numerous opponents. One is his father, Simon Dedalus. As Stephen discovers that his father is a drunken, ineffectual failure, much in contrast to the Daedalus of myth, he rejects his authority:

Stephen watched the three glasses being raised from the counter as his father and two of his cronies drank to the memory of their past. An abyss of fortune or temperament sundered him from them. His mind seemed older than theirs: it shone coldly on their strifes and happiness and regrets like a moon upon a younger earth. No life or youth stirred in him as it had stirred in them. He had known neither the pleasure of companionship with others nor the vigour of rude male health nor filial piety.

(Joyce 89)

Even though Stephen may envy his father somewhat, he is constantly trying to prevent himself from accepting even the most casual and insignificant suggestions of his companions and his environment (Peake 78).

Stephen also rejects the bonds of a religion that restricts his natural impulses. From the beginning, the consciousness of Stephen Dedalus is dominated by the presence of the church and its priests (Adams 235). Catholicism imposes a burden of guilt that weighs him down. He must “admit” and “confess” and “apologize” (Joyce 2) even when he feels innocent. By rejecting Catholicism, Stephen is also rejecting his devoutly religious mother. Stephen needs an arena adequate for his talents, seeing no future for himself unless he rebels, contradicting the long-standing customs of his country (Farrell 207).

Stephen’s rebellion is also directed against his native land. Dirty, backward Ireland destroys any of its children who show creativity; it is, he says, “a sow that eats her farrow.”(Joyce 176). His classmates attempt to reform Ireland through political action and promotion of native literature. Stephen rejects these attempts as futile and backward-looking: “Old phrases, sweet only with a disinterested sweetness like the fig seeds Cranly rooted out of his gleaming teeth.” (Joyce 227). Instead, Stephen abandons Ireland and looks toward the continent (Farrell 208).

To be complete, Stephen must fill the void created by his rebellion, and create his own character. Sadly, the result is the character study of an arrogant, unhappy egotist, an intensely self-absorbed young man. An egotist is interested only in the self, and is intensely critical of other people and the world. This can be said of Stephen, who feels superior and finds it hard to care for others, even for his own family (Litz 72). It is equally hard for him to accept affection or love from others:

His lips would not bend to kiss her. He wanted to be held firmly in her arms, to be caressed slowly, slowly, slowly. In her arms he felt that he had suddenly become strong and fearless and sure of himself. But his lips would not bend to kiss her.

(Joyce 94-5)

From his early school days on, Stephen is at the edge of group life, observing himself. As he grows older, he becomes even more absorbed in his own ideas until he finally withdraws from his familiar surroundings (Brandabur 159).

In contrast, it is also Stephen’s acceptance of his own sinfulness that sets him free. Guilt and fear of punishment keep him in a sterile, pale world of virtue where he is always hounded by the pressure to confess, admit, or apologize (Drew 276). By committing a mortal sin of impurity and falling from grace like Adam from Paradise, like Lucifer expelled from Heaven, or even like Icarus from freedom, he is thrust back into the earthly world of the senses, a world that releases his creative powers (Booth 227):

Could it be that he, Stephen Dedalus, had done these things? His conscience sighed in answer. Yes, he had done them, secretly, filthily, time after time and, hardened in sinful impenitence, he had dared to wear the mask of holiness before the tabernacle itself while his soul within was a living mass of corruption. How came it that God had not struck him dead?

(Joyce 131)

Stephen will sin again and again, but instead of confessing he will write. Stephen’s metaphoric descent into hell, like his ascent into an aesthetic heaven, is private, uniquely vouchsafed him by a higher power (Pope 114). Stephen is the son of Dedalus, and what the son of Daedalus did was fall. It seems clear that Stephen sees himself as a figure who, even if he heeds his father’s advice, will eventually fly too high and fall (Kenner 231).

Living in the earthly world, Stephen fears many things. He has a fear of water (also giving allusion to Icarus’ demise) since he views it as an emblem of his own futility. Ironically it is the seaside epiphany, where he sees a beautiful young girl, which awakens him to the demands of life (Litz 68): “She passed now dancing lightly across his memory as she had been that night at the carnival ball, her white dress a little lifted, a white spray nodding in her hair.”(Joyce 213) Once Stephen can no longer remain at ease in the role of an artist, he can begin to be human (Brandabur 164).

Stephen’s pride is also a cause of his isolation. From the beginning, pride — a mortal sin — keeps him away from others (Drew 276). He yearns for “order and elegance” in his life. He feels superior to his family and to his peers. He feels superior to his country, and consequently attempts to improve it (Hackett 203). In the end, pride drives him to lonely exile. Increasingly Stephen denies his actual family in Dublin so as to assume kinship with his eponymous family in Greece:

Began with a discussion with my mother. . . Said religion was not a lying-in hospital. Mother indulgent. Said I have a queer mind and have read too much. Not true. Have read little and understood less. The she said I would have to come back to faith because I had a restless mind. This means to leave church by backdoor of sin and re-enter through the skylight of repentance. Cannot repent.

(Joyce 243)

In essence, Stephen becomes less and less Dedalus, and more and more Daedalus (Ellman 16). Is Stephen’s pride justified by his talent? Is it merely selfish? Has pride driven him to a fall, as it did Icarus and Lucifer? Joyce uses uncertainties like these to involve his audience in the changing themes of the novel.

In Portrait of the Artist, a mature artist looks back over his youth, perceiving what was significant to his development, estimating what was vital and what was transitory in that evolvement (Peake 56). Using this to his advantage, Joyce extends and intensifies Stephen’s alienation, for the overpoweringly monotonous and constrictive society in which he resides provide him the best conditions under which he can best work (Beebe 163).

Thus, by observing and graphically depicting what confines man, how man overcomes this confinement, and how man lives once he is free, James Joyce discusses the motivations and the outlets for human expression. Like Daedalus and Icarus, Stephen Dedalus assumes the role of a persecuted hero, who must overcome his personal weaknesses and the oppression of his environment to gain spiritual enlightenment.

Bibliography

Joyce, James. A Portrait of the Artist as a Young Man. New York: Bantam Books, 1992.

Adams, Robert M. James Joyce: Common Sense and Beyond. Random House, 1966. 232. Rpt. in Twentieth Century Literary Criticism. ed. Dennis Poupard. Detroit: Gale Research Company, 1985. 16:234-37.

Anderson, C.G. “The Sacrificial Butter”. Accent. vol. 12. no. 1. Winter, 1952. 3-13. Rpt. in Twentieth Century Literary Criticism. ed. Dennis Poupard. Detroit: Gale Research Company, 1985. 16:208-12.

Beebe, Maurice. “James Joyce: The Return from Exile”. Ivory Towers and Sacred Founts: The Artist as a hero in fiction from Goethe to Joyce. New York: New York University Press, 1964. 260-95. Rpt. in Twentieth Century Literary Criticism. ed. Sharon K. Hall. Detroit: Gale Research Company, 1982. 8:163-164.

Booth, Wayne C. “The Price of Impersonal Narration, 1: Confusion of Distance”. The Rhetoric of Fiction. University of California Press, 1961. 311-38. Rpt. in Twentieth Century Literary Criticism. ed. Dennis Poupard. Detroit: Gale Research Company, 1985. 16:222-25.

Brandabur, Edward. A Scrupulous Meanness: A Study of Joyce’s Early Work. Chicago:University of Illinois Press, 1971. 159-174.

Drew, Elizabeth. “James Joyce: A Portrait of the Artist as a Young Man”. The Novel: A Modern Guide to Fifteen English Masterpieces. Elizabeth Drew, 1963. Rpt. in Twentieth Century Literary Criticism. ed. Sharon K. Hall. Detroit: Gale Research Company, 1980. 3:276.

Ellman, Richard. The Consciousness of Joyce. New York: Oxford University Press, 1977.

Farrell, James T. “Joyce and His First Self Portrait”. The New York Times Book Review. December 31, 1944. 6-16. Rpt. in Twentieth Century Literary Criticism. ed. Dennis Poupard. Detroit: Gale Research Company, 1985. 16:205-207.

Gorman, Herbert. in an introduction to A Portrait of the Artist as a Young Man by James Joyce. The Modern Library. 1928. 5-11. Rpt. in Twentieth Century Literary Criticism. ed. Dennis Poupard. Detroit: Gale Research Company, 1985. 16:203-205.

Grose, Kenneth. James Joyce. Evans Brothers Ltd., 1975. 150. Rpt. in Twentieth Century Literary Criticism. ed. Dennis Poupard. Detroit: Gale Research Company, 1985. 16:241-245.

Hackett, Francis. “Green Sickness”. The New Republic. vol. 10, no. 122. March 3, 1917. 138-39. Rpt. in Twentieth Century Literary Criticism. ed. Dennis Poupard. Detroit: Gale Research Company, 1985. 16:202-203.

Kenner, Hugh. “Joyce’s Portrait — A Reconsideration”. The University of Windsor Review. vol.1, no. 1. Spring, 1965. 1-15. Rpt. in Twentieth Century Literary Criticism. ed. Dennis Poupard. Detroit: Gale Research Company, 1985. 16:229-234.

Litz, A. Walton. James Joyce. New York: Twayne Publishers, Inc., 1966.

Peake, C.H. James Joyce: The Citizen and The Artist. Stanford: Stanford University Press, 1977. 56-109.

Pope, Deborah. “The Misprision of Vision: A Portrait of the Artist as a Young Man”. James Joyce. vol.1. ed. Harold Bloom. New York: Chelsea House Publishers, 1986. 113-19.

The World Book Encyclopedia. New York: World Book Inc., 1987. 3.

Wells, H.G. “James Joyce”. The New Republic. March 10, 1917. 34-46. Rpt. in Twentieth Century Literary Criticism. ed. Sharon K. Hall. Detroit: Gale Research Company, 1980. 3:252.

What is public relations? Select two definitions and assess

First definition

The Mexican Statement, agreed on by the World Assembly of Public Relations Associations in Mexico City in August 1978 (Seitel, 1992, 8), reads,

“Public relations practice is the art and social science of analysing trends, predicting their consequences, counselling organisation leaders, and implementing planned programmes of action which will serve both the organisation’s and the public interest.”

Strengths

1. The emphasis that public relations practice is an art and social science.

By stating that PR practice is an art implies the element of specialised skill, knowledge and methods involved (Tymson, 1996, 4). It also implies that PR practice is not completely objective, as there are subjective factors involved. PR practice deals with the human element, which is by nature unpredictable; therefore not completely objective. PR practice also considers the inputs which social sciences (eg. psychology, sociology, anthropology, statistics) can contribute. For example, a PR practitioner would have to consider cultural factors when planning a programme or campaign for its targeted publics so that there would be less risk of unintentionally offending other segments of the society.

3. The emphasis on “analysing trends, predicting their consequences, counselling organisation leaders, and implementing planned programmes of action”.

Here a trend is established for PR practice. “Analysing trends” would imply the need for employing proper research methods to gain feedback on audience attitudes (Tymson, 1996, 5). “Predicting their consequences” emphasises the importance of forecasting, based on research results. “Counselling organisation leaders” show the need for PR practitioners, whether consultants or in-house PR managers, to advise organisational leaders on PR issues and activities, for example, sponsoring a charity event to boost the company image and improve goodwill between the organisation and its publics. “Implementing planned programmes of action” emphasises the execution of carefully planned PR activities and programmes. Within this definition a 4 step process for PR practice is summarised, implying that PR practice is a meticulously planned process. The factor of social trends implies that PR practice is an on-going process as trends are ever-changing. This emphasises the need for continuos research to monitor trends and attitudes as well as to evaluate the effectiveness of the PR programme (Tymson, 1996, 5).

4. The emphasis on public interest.

Consideration for the public interest is an important responsibility as PR practice stresses the need for the building and maintaining of goodwill, mutual understanding and two-way communication between an organisation and its publics. Successful PR programmes depend on the public for feedback for guidance (Tymson, 1996, 4). PR also has social, political and economic responsibilities (Tymson, 1996, 4).

Weaknesses

1. Does not emphasise specific publics which are targeted as the audience.

Every PR programme or campaign must have specific targeted publics. The Mexican Statement does not clearly emphasise this important factor, only alluding to the general public. This definition leans towards a more macro view on PR practice, ignoring important factors such as the internal publics within an organisation.

A good example for this definition is the Courtesy campaign which the Singapore government has launched. Research has shown that Singaporeans lack social graciousness (analysis of social trends), and the government has therefore developed the Courtesy campaign in an attempt to educate the public on the need to develop a gracious society (after predicting dire consequences, eg. a self-centred culture). Messages are emphasised through the various mass media, with the Prime Minister as the main spokesperson. The messages are aimed at the role-models of society, for example, parents and teachers (counselling organisation leaders) as well as the general public. The programme lasts a month every year, and rewards are given to those who are found to be exemplary in their behaviour (implementation of plan). The use of the mass media as a podium for two-way communication (eg. the public can write in to the newspapers’ forum pages, television and radio talk show discussions etc.) and the highlighting of those responsible for gracious behaviour are just examples of some elements of the PR campaign the Singapore government has developed in an effort to educate the public on the need to change social behaviour.

Second definition

Another definition of public relations, by Frank Jefkins (Jefkins, 1992, 8) is as follows,

“Public relations consists of all forms of planned communication, outward and inward, between an organisation and its publics for the purpose of achieving specific objectives concerning mutual understanding”

Strengths

1. Emphasises that PR communication (through programmes) is planned.

Planning would indicate that PR practice is must be organised, and that forethought is essential. Planning would also mean that PR has clear, well-defined objectives, though not necessarily rigid. Planning would also involve the setting up of programmes and would imply the need for a pre-determined budget.

2. The emphasis on “outward and inward” communication.

Outward – refers to publics that are not within the organisations planning the PR campaign.

Inward – refers to the publics within the organisation ie. staff relations or employer-employee relations.

Jefkins mentions the need for organisations to consider the inward publics, the employees or members within an organisation. Most organisations do communicate to their internal publics through house journals, mainly in the form of newsletters (Jefkins, 1992, 110). A good example is the newsletters circulated by the Civil Service Club in Singapore (Appendix 1). Members get a monthly update on the latest happenings and developments pertaining to the club. Another example of organisations planning activities for their internal publics are the year-end D&Ds (dinner and dance). This yearly affair is part of management effort to communicate its appreciation of the employees, thus also promoting goodwill. Such efforts keep up relations with employees or members within an organisation.

3. Emphasis on “achieving specific objectives”.

This implies that there are different objectives for different organisations. Each organisation has their unique objectives for PR programmes. Jefkins (1992, 8) also argues that PR, having pre-determined objectives, is not intangible as some have suggested. The management by objectives method (Drucker, 1974, 430-42) is applied here. With objectives, results of PR programmes can be measured against them, making PR tangible. This implies the need for continuous research to measure results.

4. Emphasis on “mutual understanding”.

Mutual understanding implies the importance of two-way communication between an organisation and its publics. A good example of two-way communication leading to mutual understanding was shown two years ago, when there was an accident between two subway trains. The Land Transport Authority (LTA) held several press conferences and prepared several press releases to calm the public, who felt uncertain of their safety when travelling on the subway, or MRT as it is known in Singapore. Questions raised by the concerned public were answered promptly by the LTA public relations personnel. The open communication between the LTA and the public led to the understanding that the accident was a one-off, and that a repeat was unlikely. In this way, the perceptions and attitudes of the public changed, and it was not long before everything was back to normal.

Weaknesses

The definition does not clearly emphasise the need for PR as an on-going process. As public opinion and attitudes are ever-changing, PR must be continuous in terms of research and planned necessary action taken (Tymson, 1996, 9).

Both definitions do not emphasise PR as a management function as Seitel does (Seitel, 1992, 8-9). Seitel also emphasises that performance is the underlying factor of all definitions for PR, and that “without proper performance, good public relations is impossible” (Seitel, 1992, 9). These two factors are also important ingredients in all PR practice. Having said that, any definition can never fully capture the entire essence of public relations, as with any other subject.

References

Drucker, Peter F. (1974) “Management – Tasks, Responsibilities, Practices”, Allied Publishers Pte Ltd, London.
Jefkins, Frank (1992) “Public Relations (4th Edition)”, Pitman Publishing, London.
Seitel, Fraser P. (1992) “The Practice Of Public Relations (5th Edition)”, Maxwell Macmillan, New York.
Tymson, C. and Sherman, B. (1996) “The New Australian & New Zealand Public Relations Manual”, Millennium Books, Australia.

Appendix 1

Research ethics

Ethics is a system of moral principles or the moral values that influence the proper conduct of an individual or group. The term originated from the Greek word ‘ethos’ meaning habit or character, and it speaks to how we ought to live, that is, how we ought to treat others.

Any research which involves human subjects or participants is bound to raise challenging ethical, social, legal and political considerations. Ethics in the context of research is particularly interested in the analysis of ethical issues that arise in research with people as participants. The primary concern of any research project is to protect the participants involved in the study and to ensure that the research is carried out in order to serve the interest of individuals, groups or the society as a whole. Another objective in research ethics is to analyse specific research projects and activities to decipher its ethical soundness.

Ethical issues involving the protection of confidentiality, the management of risks, the process of obtaining informed consent, physical or legal harm, deception, the protection of privacy and anonymity should be properly addressed in any research project.

A study involving human subjects’ especially vulnerable people as participants raises unique issues in any research context. In light of this, the sensitive nature of my research project which is on “police brutality in Nigeria: a human rights perspective”, raises questions on how ethical issues are to be addressed as it involves victims of police brutality and prisoners as participants in the study. The research seeks to identify the nature and causes of police brutality in Nigeria as well as proffer possible solutions to the problem. Also, through research this study is looking to discover the potential victims of this form of brutality, the human rights issues involved and the extent to which the international community or international human rights groups are aware of police brutality in Nigeria and what steps have or have not been taken to curb it.

Furthermore, the methodology of this research project is via a qualitative approach as it acknowledges ethical issues, finds meaning through the eyes of the participants, and it’s ideal to explore and understand people’s experiences, attitudes, behaviour and interactions. The use of focus groups, personal experiences of victims and telephone interviews with international human rights groups like ‘Human Rights watch’ and ‘Amnesty International’ would be pertinent to carry out this research. Reports from credible human rights organisations would also be considered.

Ethical issues are bound to arise within this research project considering its sensitivity. The ethical responsibility of the researcher is necessary throughout all the stages of the research process, from recruiting participants to the treatment of participants and to the consequences of their participation. The issue of informed consent is an ethical issue that could arise within this project. According to Miller and Brewer (2003), it is important that clear and accurate information regarding the research is communicated to the participants, including its possible benefits and risk. Information pertaining to the aims and objectives of the research, its methodology and intended outcomes should be given, presented in lay terms to enhance easy understanding. In addressing the issue of consent, the researcher should ensure that the participant is adequately informed and the consent is explicitly and voluntarily given. The researcher should never coerce anyone to participate in a research study and should make participants aware of their rights which include the fact that they could withdraw at anytime without penalty (Endacott, 2004).

Confidentiality and anonymity are other ethical issues that could come up in this research project as the process can divulge sensitive and confidential information such as the disclosure of names, addresses, location and occupational details. The researcher should ensure that information shared by the participants is protected from unauthorized observation. It is not enough for the researcher to say he/she will ensure confidentiality, rather the researcher should demonstrate to the participants how. To do this, the researcher should present data publicly only in form of an aggregate e.g. as statistics or percentages (Neuman, 2009). Referring to the research study in question, the researcher should ensure that information concerning the mistreatment and abuse of inmates by police officers should be held in strict confidentiality which cannot be traced to a particular person.

Another ethical issue is the protection of participants from harm, although obviously evident in medical research, social research can also cause great psychological or emotional distress. Qualitative interviews on sensitive topics could trigger powerful emotional responses from a participant and as such, the researcher should anticipate risks e.g. screening out high risk participants like people with heart conditions, mental problems or seizures. (Neuman, 2009). Research should not cause the participants harm whether physical or mental.

The problem of access, which is how to get hold of participants in any research study, is of immense importance to the success of the study; participants could be in terms of an organisation or individual. To gain access to an institution or organisation, it is important to negotiate with gatekeepers who could deny access to the organisation, ration it or impose certain Conditions (Burnham et al, 2004). Access when denied, restricts the research process. There are certain ethical issues related to access, a research study could be viewed as an invasion of privacy or an intrusion to the institution to be studied as it interrupts routines and schedules causing inconveniences and disturbances; it is highly unethical to invade other people’s privacy and as such gaining access could be a really slow process. Furthermore, the fact that research could disclose the limitations of the activities of an institution or individual could further impede access (Flick, 2009).

To gain access within the context of this research project, the researcher should be competent in establishing relationships and gaining the trust of its participants and institutions as much as possible to forge a working alliance in which research becomes possible.

Qualitative research in cross- cultural studies is difficult, problematic, challenging and time consuming. Ethical issues in cross-cultural research include issues relating to values and world views which involve the misunderstanding of participants by researchers from a different culture. It is important for the researcher to respect the cultural views and belief systems of the participants and not to impose one’s values in the research process. The researcher should be sensitive to cultural and social differences.

Ethical considerations should be in place when representing or in the dissemination of results in a cross-cultural research. According to Marshall and Batten (2003), the researcher should portray findings so that it does not damage the reputation of a community or group of people. Sue & Sue (1990) states that research procedures can be ethically sound by acknowledging and incorporating the cultural practices of participants and their larger communities.

In the course of the research, there are ethical guidelines the researcher should adhere to while implementing the project. The researcher must responsibly conduct research morally and legally while conforming to ethical standards, the researcher should be informed and not knowingly contravene the legislation of a country in cross-cultural research. The researcher should not use deception to gain information from participants and should pursue objectivity while upholding their integrity without fear or favour. The researcher should be informative and descriptive rather than rigidly prescriptive or authoritative. The researcher should avoid undue intrusion, obtain informed consent and be confidential. The safety of both the researcher and participants in a study should be ensured and the risk of harm minimised.

In conclusion, ethics in research should be concerned with finding a balance between benefits and risk for harm (Boeije, 2010). The results of findings based on data gathered unethically could lead to harm, possible conflicts and enormous dilemmas. As such, it is considered good practice for a research project to fully comply with ethical standards.

Bakare Ibironke Helen 09281206 Page 1

What Are The Main Strengths and Weaknesses of The Rational Choice Approach To Religions Behavior?: college application essay help

One of the pioneers of the rational choice theory has been Gary Becker. He states that this approach can be applied to all human behaviour, including religion. This approach has three assumptions. It assumes that people engage in maximising behaviour. When applying this approach to religion we are not concerned with money. We are concerned with the maximisation of personal benefits. When we make a decision we weigh up the costs and benefits and choose the option which offers the most benefit. Secondly, there are ‘markets that with varying degrees of efficiency allow the actions of different participants to function together efficiently.’ Thirdly, prices and other market functions can affect demand and supply, controlling desires and affecting the actions of consumers. Becker explains that price is not described in money terms but as a shadow price. For example, muslims cannot drink alcohol. This approach involves four theorems.

Firstly, a rise in price reduces the quantity demanded. The example he gives is if people have to put more time and effort into having children then less people will do so.
Secondly, a rise in price increases the quantity supplied, the example given is women in the labour market.
Thirdly, competitive markets are more efficient then monopolistic markets and lead to the diversity of a product.
Fourthly, a tax on the output of a market reduces that output eg the punishment of criminals is a tax on crime.

Finke and Iannaccone have applied this theory to religious behaviour and understand that the high degree of religion in America is attributed to the existence of a free market and therefore competition and diversification in religion. Finke argues that in a free market start up costs are low and this leads to new ideas and more diversity and therefore more chance of everyone finding a religion they like. Also in a competitive free market earning a living acts as an incentive to clergy to work harder and try to tailor their religion to suit the demands of the consumer. He also suggests that state monopolies are less efficient in the absence of competition and believes that state churches would therefore allow high costs.

Bruce highlights some weaknesses of this theory. He states that the early Christian church had very high startup costs eg persecution and this did not prevent the recruitment of new followers. On the other hand, according to the maximisation theory, the benefits must have outweighed the cost of the threat of persecution or no-one would have joined. Bruce criticises the theorem that inefficiency exists in the absence of competition by pointing out that the Roman Catholic Church is a state supported monopoly in many countries and a hegemony in others yet it has been very efficient. Also, Roman Catholic success is not a result of a free market as it has done well in Poland and the Republic of Ireland where there is almost no competition. Bruce also states that as people moved away from the national church and competition increased in the middle ages, people became more involved in religion. This suggests that competition does lead to religion but the free market model does not explain the decline in involvement in religion from the start of the century. Maybe this decline can be best described by the sociological theory of secularisation. Perhaps people feel that the costs of religion and the restrictions it imposes on their lifestyles outweigh the benefits or that religion would not benefit them at all.

Iannaccone believes that economics can explain known facts about individual decision making with regards to religious behaviour. He believes economics can explain facts about denominational mobility, typical age of converts, typical patterns of inter-religious marriage and participation levels found in different marriages. The majority of Americans remain in the churches they were raised in and return to them if they drift away. If they do move it is likely to be to a similar church. Iannaccone explains these facts with reference to investment ie people have already spent a great deal of time and effort in their religion and to move to a new religion requires new investment and initial investment is wasted. Bruce suggests an alternative explanation would be that beliefs ‘ sediment’, effecting our response to alternatives. He explains that beliefs which seem more plausible to us are beliefs which accord with residues of earlier stages of belief. The human capital model predicts religious switching will occur early in the life cycle as people search for the best match between their skills and the context in which they produce religious commodities. Over time diminishing marginal utility will occur ie gains from further switching will dimiinish as the potential for improvement decreases and the years left during which they can capitalise on that improvement decrease.

Bruce suggests that socialisation with like-minded believers and how much of a satisfactory explanation of the world and our place in it is given is likely to increase plausibility over time and that there is no need for reference to economics. Iannaccone states that households practice their beliefs more efficiently when husband and wife belong to the same religion. He believes they benefit from economies of scale as they can take the same car to church and avoid disputes over which religion the children are to practice etc. He states this is why tend to marry within the same denomination. Bruce suggests that an alternative explanation would be that the church is a place where people with similar backgrounds and beliefs come together. He also argues that the strength of a persons belief is reinforced by social interaction. Therefore a husband and wife reinforce each others beliefs and encourage church attendance.

Also Iannaccone shows a correlation between couples sharing the same faith and being more than averagely involved in their religion but his data does not show which causes which. It also seems likely that people who are highly committed to their religion will want to marry someone of the same faith. Bruce argues that there is a degree of indeterminacy in the economic approach and gives the example of the low start-up costs controversy explained above. He states that there can not be any way of proving the utility maximisation theory false because utility is a matter of social construction which is interpreted in different ways by different people. What is a cost to one person could be a benefit to another. The only way to identify what are costs and what are benefits is to look at the choices themselves. It is these choices that we wish to explain so we seem to be going round in circles.

Another weakness highlighted by Bruce is that economising requires the ability to choose between items that are comparable. he argues if religion is not comparable on some scale then how can we decide which choices will maximise our utility? He argues that religions cannot be alternatives to each other in the sense that material goods are as religions demand and mostly achieve the complete faith of their followers. With the exception of Buddhism and modern liberal Protestantism the great religions claim unique salvational truth. Other religions cannot be regarded as alternatives. On the other hand you have to choose the religion in the first place. A second requirement of economising is pricing. This is a neautral way of comparing costs, this is absent from the application of the economic approach to religious behaviour. Costs differ between people.

On the other hand Iannoccone does not talk of price in money terms but in shadow price. Bruce argues that time for exampple cannot be used as a shadow price as the cost of the time spent on one persons religion does not equal another persons. There are cultural constraints on supply ie norms. Demand can have an effect on supply such that popularity can influence the recruitment of candidates for the ministry. However there are cultural constraints on what churches can do to become more popular. They cannot change there religion to meet popularity. Religious failures can attribute their failings as the ‘price’ of ideological purity.

On the other hand, churches can tailor their religion to meet demand in other ways eg the introduction of the nine o’clock service. There are also cultural constraints on consumers, that is there exist a number of norms that constrain religious choice. For example, in a racially divided society the introduction of new black churches does not effect the choice of white people as a result of the social ‘norm’ of racial segregation. But can this not be interpreted by the weighing up of the costs and benefits of breaking norms? Here the costs certainly outweigh the benefits. Elster (1986:17) believes rational choice theory fails because it cannot tell us what rationality requires. He believes rational choice theory depends on us knowing what the rational choice is. In this way the economic model is not a good model for making predictions concerning overall religious behaviour but it still provides a good explanation of religious behaviour. I believe the word in itself tells us what rationality requires. Rationality is an act of reasoning and this is a very personal thing. When making decisions we reason as to what would be the best course of action for us ie the choice which maximises our satisfaction. People tailor their religions to meet the demands of their unique lifestyles. This points to the obvious fact that there can be no one simple explanation for an individuals choice of religion as we are all so very different.

Bruce argues that we cannot talk of religion as we do commodities. He states that people in the modern world are not consumerist and those who do change their religion hope for and normally form an enduring attachment closer to tradition than rationality. He argues that only in a thoroughly secular society would religion be a commodity

BIBLIOGRAPHY

1) G. Becker, 1986, ‘The economic approach to human behaviour’, pp. 108-22 in J. Elster (ed.), Rational Choice. Oxford: Blackwell.

2) L. Iannaccone, 1990, ‘Religious practice: a human capital approach’, Journal for the Scientific Study of Religion, 29: 297-314.

3) S. Bruce, ‘Religion and rational choice: a critique of economic explanations of religious behaviour’, Sociology of Religion, 54: 193-205.

4) H. Bredemeier, 1978, ‘Exchange theory’, pp. 420-56 in T. Bottomore and R. Nisbet (eds), A History of Sociological Thought. New York: Basic Books.

5) Lecture Notes.

6) J. Sloman, 1996, Economics. London: Harvester Wheatsheaf.

The Impact Of The Internet On Family Relationships

In the last period around three decades, there has been a tremendous development in the field of electronics and communication.It’s become a big influence of technique on our life. Electronic device, multimedia and computers are things we have to deal with everyday.

Especially the Internet also is becoming more and more important for nearly everybody as it is one of the newest and most forward-looking media and surely the medium of the future.

The impact of this progress on our lives, it’s become the acquisition of some of the technological means of luxuries or manifestation of the manifestations of urbanization and modernity at the other But this was be The degree of obsession.

These days we’ve become addicted to the Internet and technology, like a drugs addiction. And find it accessible to young adults and even kids as young as two years old, playing electronics devices such as Ipad.

on other hand , Internet has become a place where we spend the many hours for the purpose of business or leisure or socializing with others or other purposes , and when it is this use of moderate to no impact on the social life of the person and make him lose communication with the social environment , there is no problem, but on the other side there is a sector a wide range of people around the world the Internet has become for them the case of addiction out of control, rather than being just a necessary part of their lives. addicted Internet behavior forced enters into the daily life of people and cause a lot of tension between family members , friends and lovers at work , it is a psychological problem and behavioral spread all over the world may not be imagined

Therefore we thought it would be necessary it think about some good and bad aspects of how this medium influences us, what impacts it has on our social behavior, healthy impact and what the future will look like.

” Where it says “Kimberly Young”, medical director of a treatment center of Internet addiction in the United States and the author of ” falling into the clutches of the Internet” that about 5 to 10 percent of Americans – about 15 to 30 million people – suffer from addiction to deal with the Internet. The problem may be bigger than that in the other place . Young also said that from 18 to 30 percent of the population of China, Korea and Taiwan , where there is the Internet more than the United States are addicted to the use of the Internet more than any other place .”) Medical Center in Bradford, Pennsylvania, United States,(Publisher: Wiley; 1 edition (February 27, 1998)

“Survey results were about the use of the Internet in a number of countries in the Middle East and Africa for a big increase in the use of the Internet via mobile devices in these countries .

The survey, which was conducted in collaboration with research firm for mobile devices On Device Research during the period from November 2012 until January 2013 , included six countries in the region listed are : Saudi Arabia , UAE, Egypt , South Africa , Nigeria,Kenya , and contained questions such as how to make a decision to choose operator communications , and the use of advanced services in telecommunications services such as television and video over the Internet and other applications .It emerged from the survey that 87 % of respondents use their mobile phones as the only means to access the Internet.

More than 33 million children are addicted to games, in America, 88 % of children addicted to gaming in the Arab world, 80% of children addicted to gaming and Aruba in 80% of children addicted to gaming. This is a serious problem and should not be tolerated and is to blame on the parents.'(Ministry of communication and information technology in Saudi Arabia, www.mcit.gov.sa, 12/4/2014)

The impact of the Internet on the family relationships

Most researchers have focused on broad descriptions of trends in the use of the Internet, such as time spent using computers and the Internet and the ways in which children and adults use these technologies. Few researchers have examined the ways in which the Internet has altered family functioning.

One area of speculation is whether computer technology strengthens or damages relationships among family members. One of the earliest studies on the role of the Internet in family life monitored a group of parents and their teenagers over their first 1 to 2 years of Internet use. Parents and adolescents used the Internet more often to interact (e.g., sending and receiving e-mail) with non’household members than to seek information or entertainment. They also spent less time communicating in the household with family members than they did before gaining Internet access. These results give credibility to the fears that Internet use damages family relationships; however, a follow-up study 2 to 3 years later found that these initial declines in family communication did not persist (Kraut et al., 1998).

The Internet can be used to help families when it is used to create new ways of providing peer support, family life education, and family therapy. For example, there is numerous news groups online devoted to family issues such as divorce, death, or children with special needs. Additionally, family life educators and family therapists have begun to create online opportunities to provide help to families.

The impact of the Internet on the society

The Internet is becoming the most important tool to humans today. There are many different uses for every kind of person. For instance, online banking saves time and money over traditional banking. Small businesses have been rewriting the rules to commerce with the use of the Internet. The Internet will continue to grow while people find more uses for it every day. It is able to find information on any topic imagined at your greatest convenience.

As the Internet keeps growing, problems continue growing as well. Researchers argue some disadvantages of an Internet based society. Most of these drawbacks are a result of decreased face-to-face communication and the ability to escape identity.

Although there are conflicting research findings on this topic, an article published by Science Daily reported that time spent on the Internet was associated with later declines in within house family communication and a decrease in the number of friends and acquaintances with which they kept ties.

Lack of conflict resolution

The same article suggests that communication on the web is taking away necessary human conflict. For example, if an Internet conversation starts getting heated or if someone gets angry, it is too easy to just sign off and not deal with the issue. Resolving conflict is a part of life that shouldn’t be avoided and is usually psychologically helpful.

Loneliness

Another proposed disadvantage is that a couple of studies have found strong correlations between frequency of Internet use and loneliness. People that use the Internet often are more likely to become lonely and depressed than those that don’t. One proposal as to why this is the case is because of a potential reduced social support system as a result of the Internet.

Internet addiction

There is some controversy over whether it is possible to actually be addicted to the Internet or not. Some researchers, like John M. Grohol, claim that it is simply people trying to escape their problems in an online world and cannot be classified as an addiction. Other psychologists, including Jennifer R. Ferris, believe that Internet addiction is a true psychological disorder with definable symptoms. The symptoms are comparable to any addiction, withdrawal, loss of relationships or job and significant time consumption.If an actual addiction exists or doesn’t exist, the underlying themes that support the addiction theory are still an issue. Whether people are trying to escape problems and reality or they will go through withdrawal if they aren’t surfing the net or chatting, it is still psychologically unhealthy.

Technology uses

Well, there are many uses for technology. One of these, of course, is to simply provide a way to communicate with others. Another is to provide safety, such as the technology used to navigate aircraft. Another use of technology is to simply make life easier, and less manual. For example, a hundred years ago you would have to read a book to find out information on a topic. Now, you can just ‘surf the net’. Technology also helps in companies, as it can store information that is easily editable and findable. The final use of technology is simply for entertainment, such as using the IPod.

The impact of the Internet on education

The deep impact of Internet on education has simply changed the world of education. Revolutionizing the way education is imparted; the classrooms have been brought right in the homes of the students. The Internet is the modern engine of progress and has had a far more invasive effect on our education. It has given anew fresh approach with online education.

Information Superhighway along with personal computers is fast transforming the world. The impact of Internet on education can be felt in homes, schools, colleges, universities, with information available at lightning speed. Today a vast amount of information is available at just a click of the mouse. Students and teachers are using a large number of learning tools, thanks to the Internet.

The new web technology has made it easy for students all over world to get the skills they need to progress in society and enhance their life style. Students get savvy with computers and internet at much younger age. Such is the impact of internet on education. It motivates the students to acquire better thinking skills, remain well informed and grow as responsible citizens for their country.

The drive to integrate technology into our nation’s schools goes far beyond the Internet. If the Internet didn’t exist, advanced technology would still have so many valuable educational uses distance learning applications, collaborative learning, and so forth that far larger investments than are being contemplated would be justified. ‘Using Internet for education is much more interesting too. You can refer to larger number of topics in a lesser time and the graphics and animations make the study material much more interesting that those traditional books. Teachers too find it easy to give assignments on computer and track the progress of their students. Education is a matter of values and action and is a basic human process. The positive impact of Internet on education has only enhanced the educational process, bringing the classroom, students and the teacher on one platform. Regardless of gender, race, age, geographic location, language or any disability, Internet gives an equal chance to all to progress in the field of education.

The Internet has proven to be a double-edged sword for education. Teachers and students benefit from the unprecedented access to information the Internet provides, as well as from the ability to share knowledge across the globe. However, reliance on the Internet also has many negative effects. Educators must be aware of the dangers the Internet poses so they can avoid potential pitfalls.

WORK ETHIC

Children growing up in the Internet age expect instant gratification. They can easily get online and find anything they want, from their favorite TV shows and music videos to troublesome homework answers. The Internet means no waiting and instant results with minimal effort. These traits don’t translate to the classroom, where teachers expect students to work for their grades. As a result, students are often unable to work through problems. They also fail to manage their time efficiently.

ATTENTION SPAN

Everything about the Internet is fast. Web sites streamline information and deliver it in quick bursts, making it easy to digest and understand. Even popular video clips seldom last longer than a minute or two, ensuring visitors don’t get bored and explore the competition that’s only a mouse-click away. This constant supply of available entertainment has reduced the average attention span. Students may struggle to follow in-depth discussions or to stay focused throughout a normal classroom period, making it more difficult for teachers to work through their lesson plans.

CHEATING

The Internet archives the world’s knowledge. Students can find essays or test answers for any subject imaginable. Knowing that the correct answers are readily available online can prove far too tempting for some students, which leads to academic fraud, plagiarism, and rampant cheating. Educators have taken steps to counter such practices. They have developed sites that check essays and research papers against published content to detect pilfered material. Determined students may attempt to circumvent such safeguards by using social media and message boards to share class information. This contributes to culture of cheating that didn’t exist on such a scale before the Internet.

PHYSICAL DEVELOPMENT

A full education enhances the mind and body. Hours spent surfing the Internet, playing online games, and engaging on social networks can drastically hinder a child’s physical development. Such technological distractions place an even greater emphasis on the need for regular exercise and physical activity. Schools unable or unwilling to provide a physical education component run the risk of contributing to their students’ sedentary lifestyle.

Cadburys Case Study: essay help site:edu

A Case Study Documenting Cadburys’ Success and Challenges

Cadburys has a long history dating back over 200 years to its roots in 1824, to a world leader of confectionary.  Cadburys is recognisable as a strong brand and market leader in chocolate. The company was started in 1824 by a young Quaker, John Cadbury who started the business as tea and coffee purveyor. As in the Quaker tradition, Cadburys was founded on strong values and a powerful virtue of social responsibility which can be still found in operation and are deeply ingrained in the company’s ethos to this day. John Cadbury started the process in the back room of his shop with cocoa which he hand ground with a mortar and pestle, which has progressed in the company it is today with the belief that ‘doing good is good for business.’

Cadburys has three kinds of confectionary, gum, candy and more famously chocolate. The company now operates in over 60 countries with a workforce of over 50,000 people. The organisation works with around about 35,000 suppliers both directly and indirectly. Everyday millions of people enjoy the Cadburys brand. Cadburys has established itself in all sectors of its primary market – chocolate. With a product portfolio ranging from luxury items such as Éclairs, Dairy Milk and Flake to seasonal products such as Crème Eggs to household children’s brands Milk Chocolate Buttons and Fudge to the return of classics such as the Wispa bar as well as variations of old classics such as Flake Dipped and Heroes selection tins.

Key Reasons For Cadburys’ Success:

The key reasons for Cadburys success is the company’s enduring and sustained key product lines such as Cadburys Milk Tray and the heritage which goes with that name. Milk Tray is synonymous with quality, luxury and decadence and the series of famous advertisements that have spanned numerous decades and been viewed by more than one generation of consumer. This sort of product recognition a main contributing factor makes up the image of Cadburys. Another reason for Cadburys continued growth and progression has been its success in entering other aspects of the confectionary market i.e. gum, the single fastest growing item of confectionary in the marketplace. This currently accounts for 29% of the company’s revenue.

Threats and Problems Cadburys’ May Face in the Future:

In today’s society, health and in turn healthy eating plays a major part in the structuring of a lot of consumer base buying decisions and corporate marketing plans. This involves Government policy on children’s dietary habits, the classic 5 a day dietary requirements and more or less every magazine or dietary book on the market aim to provide an outline for healthier eating and social being. Cadburys as a major purveyor of chocolate may be affected in the long term as people seek to readjust their eating habits, they seek to eliminate perceived treats and indulgences which for many would be chocolate. For Cadburys to remain competitive they have to seek a marketing strategy in line with a range of products that fit in with these social perceptions through low fat option ingredients and also promote and show that these indulgences can be part of a healthy dietary lifestyle.

Goods and services: college essay help near me

Goods and Services are the major necessaries of life of the people which fulfils its needs or wants and most marketable commercial activities in the developed as well as developing countries. As the demand for goods rises in developed countries, the companies pay more attention towards services. In the Developing Countries, 70% or higher GDP (Gross Domestic Product) arrives from services and manufacturing of goods has moved out to the developing world. For instance, in India, 50% of GDP arrives from the service sector only.

Pure services is a combination of goods and services which turned into pure services known as Continuum of goods and services. Services may changes within a day’s or time to time. There are few differences between goods and services, the major among them are as follows:

High Intangibility: Services have higher intangibility like winter or summer uniforms for children in schools, packaging of food for delivery but there is a one feature which is always common i.e. intangible.

Inability to save them for sale in future: For example, Electricity cannot be stored . It has to be supplied whenever its need arises and consumed at the same time which creates problems in understanding fluctuating between demand and supply for services.

Higher Variability among customer expectations for services and its delivery.

One of the important aspect of services is that they are intangible. Many customers does not appreciates the services rather than goods. Goods are tangible that the consumer receives their money returns that they spent on it but services are remain tangible which doesn’t have any ownership towards something. According to the American Marketing Association, services are defined as activities, advantages and performance or satisfaction of needs or wants which offered at the time of sale. There are two types of services – Pure services and the services that are attached to the goods sold. They have two aspects of services: First, It is intangible in nature . Secondly, defined as activities or acts performed that creates satisfaction. Here, some other important aspects of services that are as follows:

Interaction of service provider with the consumers which is an integral part in creation and consumption of services.
Production of services might be tied close to products.

Intangibility is one of the important dimensions of services and all the services don’t have unique degree of intangibility. It involves lack of physicality. In services, the performance is judged by a tangible element but the customer purchases are a performance so that it delivers the service which comprises the product. Intangibility Characteristic of Services affects the international business which involves two categories of services i.e. low intangibility and high intangibility. In case of low intangibility, the services offered in terms of tangible elements such as office equipments for staff whereas in high intangibility, the services would be legal or financial or doctor advice.

Suppose, a newly US based company have its sale offices in India which sells its home entertainment products for Indian consumers. When we comes to a products like Sony televisions, laptops etc which provides intangible services like flexibility, convenience and entertainment for the consumers but the services like warranty or financial facility leads a problems to customers which affects the business position in the following ways:

Consumers depends on promises and further services expectations towards buying a products depends on the goodwill.

More emphasis on gathering information from family friends who uses the products and kept an eye on a brand image.

They used the pricing as a pinpoint for judging quality of the products.

As the needs and wants of consumers changes so accordingly the services would changes which creates difficulties to makes changes in warranties or financial facility policies.

Is the consumers can trust on the company based products as the marketing of services may be failed to attract may be questioned.

Inseparability is also one of the most important characteristic of services. Services should be characterised by both consumption and production simultaneously. That means, it should be produced and consumed at the same time. Sometimes, production and consumption of goods may be separated by time and place but production of services can never be separated from the market. For example, In flights, consumers should be present at a right time to take off otherwise there would be a wastage of services. The customer and service provider interaction along with cooperation is necessary.

In international market, if the goods are not available in the market at the right time, place or quantity then neither the process of goods would works nor the services consumed or sold. Suppose, if the goods are manufactured from US to India , then the services should be localised and it cannot produced in a central place and shipped from the different markets situated at different destinations from the production destination. The Inseparability also affects the international business in developed as well as the developing countries. For example, A Chinese Company manufactured its products to Indian company factory then the goods must moved for production and consumption at the same time. In case of goods, either the provider moves to the customer or the customer reaches the service system which is very crucial for enjoying the experience of services. The customer and service provider interaction is must for improving the performance of the Indian company. Even there are certain provisions developed to engage business in other countries in terms of exporting, joint ventures and foreign direct investment. The problems that are faced by the international companies in their business in respect of the customers are as follows:

Difficulty to believe them to experience the service which comprises the product.

When we talk about a new product, the service buyer seek to gather the information from the friends rather than from the company.

Difficult to attract the consumers through the use of heavy cost advertisements about the creativity of new products which turns into losses of revenues.

Variability is one of the important dimensions of the services at which the output of services must be variable. Services may suffer from lack of standardisation as a result consumer expectations would be same while buying the same service product. For example, in the banking sector, the equipment and facilities provided to the clerks who works in banks are happy while at sometimes it is frustrated for him. In many countries, Standardisation creates a problem in services. This may be because of intangibility and inseparability. If humans involved in the service creation and consumption or production then their performance could not be measured in a machine. For example, a Chinese restaurants in India, a lovely dinner would be spoiled by the rude behaviour of contact staff of customers which cannot be corrected . If there is any wrong in services , their experience are more effected seriously and wouldn’t perform to correct it.

When we talk about hotels and restaurants like holiday Inn or Midlands etc., it is very difficult to determine and implement the service specifications. For example, When we stay in a Holiday Inn room, we are confident that it provides a very nice or comfort sleep without any noises at some lower degree. As the human involved more in the creation of service, the variability problems also increases. If we talk about the service personnel in hotels may be influenced by emotions, stress which harm their performance that can neverconsidered with the consistency of machines.

Perishability is also one of the characteristic of services whose services are different from good which cannot be stored. For example, A woollen marketer provides in advance to meet the demand for woollen products in winter. When he doesn’t sell his products, he can store to meet the requirements in the next winter vacations but if the demand for woollen clothes are more in UK rather than other countries like India or China then he try to meet the excess demand of the clothes as a result sometimes the service personnel creates long waits for customers and effect on quality etc. Services doesn’t stored, it has to be consumed when they are created. In the international business point of view, for example, once an airline offers seats at 10:00 am from Delhi to London then it can’t sold them after 10:00am. As the seats are empty which can not stored to meet the demand that may occurred after 10:00am.

Issue of Ownership is one among the features of services where consumers mainly buys the products to have owned and hired the service. It is very important to highlight the impact of intangibility and inseparability on the decisions of services marketing in host country of internationalizing firms:

There are wide range of arrangements of distributions channels such as Licensing, franchising or sales offices etc.

Services operations in foreign countries are conducted by other major multinationals who are not service providers. Now, the manufacturing firms are also involved in servicing to control their manufacturing operations in advance like maintenance and repairs etc.

The Importance of marketing of services depends upon the size and growth of service sector. The Service provider are very few who applies marketing principles to their activities or operations. There are five reasons for showing slowness to applying marketing principles:

Low Management Creativity
Low competition
Limited changes due to urgency in their services.
Limited awareness of marketing
Limited invention and innovations in distribution channels.

The Nature of services also implicit the marketers in services in the forms of intangibility, inseparability, Customer involvement, perishability, Client Relationship and highly differentiated distribution Channels.

As the Information technology developing as a result major organisations decided to offers tangible product which makes them logical and adjustable to have necessary information to its product-mix. Due to which it makes innovations to their new products. For example, A trains consists of several people moves from one destination to another and have business classes for travellers to look on stock market and hotel bookings. But it creates several problems for the marketers in a way, when the consumers doesn’t smell, look taste before they want to buy, it is difficult to evaluate and appreciates the benefits that they are waiting for. That means, the consumers rely on promises and have expectations to think whether they should buy the services or not. As a result, one important aspect is having a strong brand image for a service provider.

Customer Involvement: The major implication of inseparability for marketers is that customers are more involved in production and consumption into many types of services. For examples, if an organisation needs to purchase the services of some advertising agency, then it has to appoint some clerks to work and convey them about what are the new products and target market which shows the agency thoughts and then makes final decision.

Perishability: Goods are less perishable than services. Services are also perishable. It is compulsory to keep an eye on the demand fluctuations. For example, The demand of auditor needed at the end of month or in US, every quarter and in UK, every six months. It creates a problem for marketer that when the demand fluctuates so that it can take actions in advance.

Client Relationship: In this case, Marketers servers the buyers as clients rather than customer. The success of the service organisation depends on the performance of the employers and provides the best services as they could. For example, decision for making a good investment or advice for recovering an illness.

Inseparability: Marketing issues play an important role in making decisions like how the services should produced at which place. Suppose, if the service buyer judge the quality of the hotel which depends not only the buyers are comfortable and neat or clean rooms but also the behaviour of the hotel staff towards the buyers or customers. Marketers should take care that services should produce and sold simultaneously.

What is a brand?

What is a brand? Describe the value of branding for both the buyer and the seller.

Brands hold great meaning and value for both the buyer and the seller. Brands are centred on what the seller promises to deliver to its customers and the consumer’s expectations of a particular product.

A brand can be defined as a name, slogan or anything that can be used to identify and differentiate a particular product or service. Strong brands such as Harley Davidson and Starbucks evoke sound emotional and physiological responses from customers.

Branding has several benefits for sellers.  By having brands for their products, sellers get product recognition and product differentiation. This means that consumers would be able to accentuate the value they receive from one seller’s product in comparison with other products of a similar nature and they would also be able to easily spot these products among other products. Branding aligns the seller’s advertising and promotional activities. It allows the seller to form emotional relationships with their customers which is important because people base their purchasing decisions mainly on emotions and not logic. Within the business, brands serve as guidance for employees since they clearly dictate what the company/ product is about. Branding is also of value to sellers in terms of profitability. A product with a well-known brand attached to it would bring more revenue to a seller than a product without a brand. For example a cup of coffee without a brand could cost $4; however a cup of coffee with the Starbucks brand attached to it could cost $10. For the seller, a good brand increases the perceived value of its product and allows it to have a better price and better sales.

For the buyer, a brand represents the satisfaction and value that he or she anticipates and desires from the process of buying and using a product or service. Brands often appeal to buyers emotionally; this in turn helps build relationships between buyers and sellers. Brands provide buyers with value which is why they are often times prepared to pay more for branded products. Among buyers, brands are often a key factor behind purchasing decisions; people often gravitate toward brands that they are familiar with and that are trusted because there is often times the reassurance of quality.

In conclusion, brands exist as feelings and experiences that extend beyond the product or service which create relationships between the buyer and seller and have great value for both parties.

Impact Of Psychological Contract On Job Satisfaction In Banking Sector: college essay help online

ABSTRACT

The purpose of this study is to examine the relationship between the psychological contract and job satisfaction. Companies that invest more efforts in achieving higher level psychological contract between their employees, employer and organization have more satisfied employees in the organization. The research design is descriptive in nature. A convenient sampling has been used to collect the data. The participants in the survey are 100 employees of banking sector. The tool used for job satisfaction and psychological contract are two self-formulated questionnaires. After the analysis, we conclude that job satisfaction is affected by psychological contract. The study should be used and extended for more accurate results for the banking sector as there can be human errors and personal biasness.

Key words ‘ Psychological contract, job satisfaction, relationship

CHAPTER 1

INTRODUCTION

1.1 PSYCHOLOGICAL CONTRACT

A psychological contract exists at an individual level, in form of a person’s beliefs with regard to the terms of his/her exchange relationship with another. The individual beliefs comprising the contract involve sets of reciprocal obligations, not expectations alone, to which both the individual and other party are believed to commit themselves to. Though obligations are a form of expectation, not all expectations held by a person need to be promissory or entail a belief in mutuality or reciprocity. Going by definition, psychological contract should be based upon a belief that a reciprocal exchange exists that is mutually understood (Rousseau, 1998).

A psychological contract, concept developed by organizational scholar Denise Rousseau, represents the mutual beliefs, perceptions, and informal obligations between an employer and an employee. This sets the dynamics for the relationship and defines the detailed practicality of work to be done. It is distinguishable from the formal written contract of employment that, for the most part, only identifies mutual duties and responsibilities in a generalized form.

The reality of employment rights and duties emerges from the interpersonal relationships formed at the workplace. How employers, supervisors and managers behave on a day-to-day basis is not determined by a legal contract. Employees slowly negotiate what they should do to satisfy their side of the bargain, and what they can in turn expect in return. This negotiation is sometimes explicit, e.g. in the appraisal or performance review sessions, but it more often takes the form of behavioral action and reaction through which the parties explore and draw the boundaries of mutual expectation. Hence, the psychological contract determines what the parties will, or will not do and how it will be done. When both the parties’ expectation matches, performance is likely to be good and satisfaction levels are expected to be high. So long as the values and loyalty persist, trust and commitment shall be maintained. The map followed by the parties is the development of an individualized career path that makes only reasonable demands on the employee, with adequate support from managers and co-workers, for a level of remuneration that is reasonably fair for a person of the given age, educational background, and experience. Motivation and commitment shall be enhanced if transfers and promotions follow the agreed path in a timely manner.

If managed effectively, the relationship will foster mutual trust between the parties, matching the objectives and commitments of the organization to those of their employees. But a negative psychological contract can result in employees becoming demotivated and resentful of authoritarianism within the organization. This will result in an increasingly inefficient workforce whose objectives no longer correspond to the organization they work for. The main cause of disappointment tends to be that middle managers are protective of their status and security in the eyes of their superiors, and this can introduce conflicts of interest when they are required to fulfill their obligations to their subordinates.

Relationships and relational issues such as obligations play an increasingly important role in economics and organizational behavior (Williamson, 1979). Contracts are a mainstay in employment relations, establishing inducements and contributions basic to membership in an organization (Barnard, 1973). Whether written or oral, contracts are promises made in exchange for some compensation or return, and are enforced or at least recognized in law (Farnsworth, 1982; Murray, 1974).

Psychological contracts are an individual’s beliefs regarding reciprocal obligations. Beliefs become contractual when the individual believes that he or she owes the employer certain contributions (e.g. hard work, loyalty, sacrifices) in return for certain inducements (e.g. high pay, job security). As perceived obligations, psychological contracts differ from the more general concept of expectations in that contracts are promissory and reciprocal. Promises of future behavior (in this case on the part of the employer) typically are contingent on some reciprocal action by the employee. When individual employees believe they are obligated to behave or perform in a certain way and also believe that the employer has certain obligations toward them, these individuals hold a psychological contract (Rousseau, 1990).

Schein (1980) described the psychological contract as the depiction of the exchange relationship between the individual employee and the organization. The psychological contract is the employee’s perception of the reciprocal obligations existing with their employer; as such, the employee has beliefs regarding the organization’s obligations to them as well as their own obligations to the organization (Rousseau, 1989).

While the individual employee believes in the existence of a particular psychological contract, or reciprocal exchange agreement, this does not necessarily mean that the supervisor or other organizational members agree with or have the same understanding of the contract (Rousseau and Parks, 1993). The psychological contract is an inherently subjective phenomenon, in part due to individual cognitive and perceptual limits, but also because there are multiple sources of information which may influence the development and modification of contracts (Levinson, 1962).

The psychological contract is one type of promissory contract. The promissory contract consists of three components, including promise, payment and acceptance (Rousseau and Parks, 1993). A promise consists of a commitment to a future course of action. As an individual-level phenomenon, the psychological contract is based on perceived promisis by the organization to the employee. These promises can be communicated directly by organizational agents (e.g. recruiters, managers) (Eisenberger, Huntington, Hutchison and Sowa, 1986; Eisenberger, Fasolo and Davis-LaMastro, 1990).

Payment occurs when something is offered in exchange for the promise which the person values. When an organization rewards employees in a manner consistent with the perceived promises underlying the psychological contract, this constitutes fulfillment of organizational obligations.

The third component of promissory contracts is acceptance, reflecting voluntary agreement to engage in the contract terms (Rousseau, 1989; Rousseau and Parks, 1993). Acceptance implies that both parties (employee and organization) are accountable for the terms of the psychological contract, since they chose to engage in this particular agreement.

The psychological contract is not an isolated, detached concept. It is influenced by a whole range of factors, both individual and organizational. The psychological contract itself also has its effect on a range of attitudes and behaviors. Guest and Conway’s model of the causes and consequences of the psychological contracts is one of the more inclusive ones. It encompasses both individual and organizational background factors and policy influences as causes for the state of the psychological contracts and also includes attitudinal as well as behavioral consequences.

Source: Guest, D. & Conway, N. (2002)

Fig. 1.1 Guest and Conway model of causes and consequences of the psychological contract

Guest and Conway (2000) found that particularly human resource practices and direct participation have a significant influence on the state of the psychological contract. Direct participation can be described as the degree to which employees have decision-making power and autonomy in their job.

1.1.1 Venn Diagram:

Venn diagram represents the external influences, which are often overlooked in attempting to appreciate and apply Psychological Contracts theory. These are useful in representing all sorts of situations where two or more related areas interact or interrelate. The Venn diagram below provides a simple interpretation of the factors and influences operating in Psychological Contracts.

Fig. 1.2 Psychological contract venn diagram

vc = visible contract – the usual written employment contractual obligations on both sides to work safely and appropriately in return for basic benefits.

pc = psychological contract – which is hidden, unspoken, unwritten, and takes account of the relationship references (r) between employee and market (which includes other external factors), also the employer’s relationship with the market (also r), and the visible contract (vc).

Only the visible contract (vc) element is written and transparent. All the other sections are subject to perceptions until/unless clarified.

1.1.2 ‘Iceberg’ Model:

The Psychological Contracts ‘iceberg’ diagram is a helpful way to illustrate some of the crucial aspects and influences within Psychological Contracts theory.

An iceberg is said to be 90% hidden beneath the water. This metaphor fits the Psychological Contract very well, in which most of the Contract perceptions are unwritten and hidden, consistent with its definition.

Fig. 1.3 ‘Iceberg’ Model

Left side of iceberg = employee inputs (and employer needs).

Right side of iceberg = rewards given by employer (and employee needs).

Above the water level: factors mostly visible and agreed by both sides.

Work | Pay = visible written employment contract.

Black arrows = mostly visible and clear market influences on the work and pay.

Red arrows = iceberg rises with success and maturity, experience, etc., (bringing invisible perceived factors into the visible agreed contract).

Below the water level: factors mostly perceived differently by both sides, or hidden, and not agreed.

Left side of iceberg = examples of employee inputs, which equate to employer expectations – informal, perceived and unwritten.

Right side of iceberg = rewards examples and employee’s expectations.

Blue arrows = influences on employee and employer affecting perceptions, mostly invisible or misunderstood by the other side.

1.1.3 Importance of study of psychological contract:

Guest and Conway (2000) put forward two advantages to the study of the psychological contract. Firstly, the psychological contract is valuable because it recognizes the individualization of the employment relationship. Both parties in the employment relationship ‘ employer and employee ‘ have their own views on the mutual obligations. The psychological contract is about subjective perceptions. Secondly, although the psychological contract contains the expectations and concerns of the individual employee, it also allows the contextual factors to shape individual attitudes and behaviour. These contextual factors include company policy, union role and organisational climate. On the other hand, the psychological contract framework also allows for an active individual, who can change the deal (i.e. his/her attitudes and behaviour) when his or her expectations are not being met.

In general, one can state that human resource practices influence employee attitudes and performance largely through the psychological contract (Guest & Conway, 2000). The psychological contract therefore provides a useful and interesting framework for understanding these attitudes and behaviors.

1.2 JOB SATISFACTION

Vroom in his definition on job satisfaction focuses on the role of the employee in the workplace. Thus he defines job satisfaction as affective orientations on the part of individuals toward work roles which they are presently occupying (Vroom, 1964).

Job satisfaction represents a combination of positive or negative feelings that workers have towards their work. Meanwhile, when a worker employed in a business organization, brings with it the needs, desires and experiences which determinates expectations that he has dismissed. Job satisfaction represents the extent to which expectations are and match the real awards. Job satisfaction is closely linked to that individual’s behavior in the work place (Davis and Nestrom, 1985).

Job satisfaction can be defined also as the extent to which a worker is content with the rewards he or she gets out of his or her job, particularly in terms of intrinsic motivation (Statt, 2004).

The term job satisfaction refers to the attitude and feelings people have about their work. Positive and favorable attitudes towards the job indicate job satisfaction. Negative and unfavorable attitudes towards the job indicate job dissatisfaction (Armstrong, 2006).

Job satisfaction is the collection of feeling and beliefs that people have about their current job. People’s levels of degrees of job satisfaction can range from extreme satisfaction to extreme dissatisfaction. In addition to having attitudes about their jobs as a whole, people also can have attitudes about various aspects of their jobs such as the kind of work they do, their coworkers, supervisors or subordinates and their pay (George and Jones, 2008).

Job satisfaction is a complex and multifaceted concept which can mean different things to different people. Job satisfaction is usually linked with motivation, but the nature of this relationship is not clear. Satisfaction is not the same as motivation. Job satisfaction is more of an attitude, an internal state. It could for example be associated with a personal feeling of achievement, either quantitative or qualitative (Mullins, 2005).

Spector (1997) lists three important features of job satisfaction. First, organizations should be guided by human values. Such organizations will be oriented towards treating workers fairly and with respect. In such cases the assessment of job satisfaction may serve as a good indicator of employee effectiveness. High levels of job satisfaction may be sign of a good emotional and mental state of employees. Second, the behavior of workers depending on their level of job satisfaction will affect the functioning and activities of the organization’s business. From this it can be concluded that job satisfaction will result in positive behavior and vice versa, dissatisfaction from the work will result in negative behavior of employees. Third, job satisfaction may serve as indicators of organizational activities. Through job satisfaction evaluation different levels of satisfaction in different organizational units can be defined, but in turn can serve as a good indication regarding in which organizational unit changes that would boost performance should be made.

Christen, Iyer and Soberman (2006) provide a model of job satisfaction presented in Figure 1.3 in which the following elements are included:

‘ Job related factors,

‘ Role perceptions,

‘ Job performance and

‘ Firm performance

Fig. 1.4 Christen, Lyer And Soberman Model Of Job Satisfaction (Christen Et, 2006)

Lawler and Porter (1967) give their model of job satisfaction which unlike the previous model places a special importance on the impact of rewards on job satisfaction, Figure 1.4.

Fig. 1.5 Lawler’s And Porter’s Model Of Job Satisfaction (Lawler And Porter, 1967)

According to this model the intrinsic and extrinsic rewards are not directly connected with job satisfaction, because of the employee’s perceptions regarding the deserved level of pay.

CHAPTER 2:

REVIEW OF LITERATURE

A better understanding of the role of the career management process is important in organizational environments where, it is argued, employers increasingly expect individuals to take responsibility for managing their own careers (Bridges, 1995). Previous research has shown that a close and reciprocal relationship between both organizational and individual career management activities and organizational commitment exists, and it has been suggested in particular that provision of career management help by employers in some way supports the development of employee commitment (Sturges, Guest, Conway, & Mackenzie Davey, 2002).

Psychological contract is an exchange relationship between employee and employer (Schein, 1978). It is about the individual’s belief, potential opportunities and mutual commitment in exchange relationships (Rousseau, 1989). Psychological contracts are of two types, relational contract and transactional contract (Morrison and Robinson 1997; Rousseau, 1995). Relational contracts are associated with emotional interactional dimensions, with nonfinancial, socio- emotional, intrinsic focus between employees and employers (Rousseau, 1995). Transactional contract explain the economic exchange relations with extrinsic, financial and narrow focus. The construct of psychological contract was derived from social exchange theory (Blau, 1964; Organ, 1988).

A study tested a series of linked hypotheses which proposed that individual career management behavior is associated with the experience of organizational career management help, which is related to fulfillment of the psychological contract. Fulfillment of the psychological contract in turn is linked to organizational commitment and is associated with behaviors at work, including absenteeism, turnover, and independent ratings of job performance. This study by Sturges, Conway, Guest and Liefooghe (2005) made four contributions to the psychological contract and careers literature: first, it showed that both individual and organizational career management behaviors are linked to psychological contract fulfillment; second, organizational career management help is associated with affective commitment and job performance; third, psychological contract fulfillment plays a key role in mediating the relationship between career management help and such attitudes and behaviors; and fourth, organizational commitment may mediate between psychological contract fulfillment and individual career management behavior aimed at furthering the career outside the organization.

According to Rousseau (1990), psychological contracts are individual beliefs in reciprocal obligations between employees and employers. In a sample of 224 graduating MBA students who had recently accepted job offers, beliefs regarding employment obligations were investigated. Two types of obligation were demonstrated empirically: transactional obligations of high pay and career advancement in exchange for hard work and relational obligations exchanging job security for loyalty and a minimum length of stay. These types of obligations are connected with two forms of legal contracts: transactional and relational. Relational contract obligations for employers correlated with employee expected length of stay with the firm. Transactional contract obligations were associated with careerist motive on the part of new recruits.

The relationship between these and other motives of new hires was also investigated.

The analysis by Janssens, Sels and Van den Brande (2002) indicated the existence of six types of psychological contracts, all having different patterns of mutual expectations: an instrumental psychological contract, a weak psychological contract, a loyal psychological contract, an unattached psychological contract, an investing psychological contract and a strong psychological contract. Based on the profiles of the six types and its number of respondents, they concluded that the so-called transformation from traditional employment relationships towards ‘new deals’ is restricted to a very small group of young and highly educated professionals and managers.

A cross sectional field survey conducted by Ul Haq, Ahmad Jam, Azeem, Ali and Fatima (2011) examined the relationship between psychological contracts, affective commitment and job outcomes (Job satisfaction and Intention to quit). They hypothesized that psychological contract types are related to job satisfaction and turnover intention, they further hypothesized that the link between psychological contract and outcomes is mediated by affective commitment. The data were collected from 302 employees of several public and private organizations of Pakistan. Results revealed that affective commitment mediates the relationship between relational contracts and job satisfaction and the relationship between relational contracts and turnover intention, whereas it does not mediates the relationship between transactional contract and job outcomes.

The aim of the study conducted by Patrick (2008) was developing a deeper understanding about psychological contract and employment relationship. Six psychological contract variables (relational contract, transactional contract, employer’s commitment/obligation to employee, employee’s commitment/obligation to employer, employer’s relationship with employee, and employee’s relationship with employer) were measured on 202 employees from 15 IT companies from randomly chosen for the study. A Psychological Contract Questionnaire was used for data collection. The study revealed that relational contract was dominant in the IT companies under study. Employee’s commitment/obligation to employers was higher than employer’s commitment/obligation to employees. Employee’s relationship with employers was also stronger than employer’s relationship with employees.

The study by Law and Crawford (2003) examined the effects of organizational culture and leadership styles on job satisfaction and organizational commitment in samples of Hong Kong and Australian managers. Statistically significant differences between the two samples were found for measures of innovative and supportive organizational cultures, job satisfaction and organizational commitment, with the Australian sample having higher mean scores on all these variables. However, differences between the two samples for job satisfaction and commitment were removed after statistically controlling for organizational culture, leadership and respondents’ demographic characteristics. For the combined samples, innovative and supportive cultures, and a consideration leadership style, had positive effects on both job satisfaction and commitment, with the effects of an innovative culture on satisfaction and commitment, and the effect of a consideration leadership style on commitment, being stronger in the Australian sample. Also, an ‘initiating Structure’ leadership style had a negative effect on job satisfaction for the combined sample. Participants’ level of education was found to have a slight negative effect on satisfaction, and a slight positive effect on commitment. National culture was found to moderate the effect of respondents’ age on satisfaction, with the effect being more positive amongst Hong Kong managers.

The research by Singh and Sinha (2013) aimed at examining the level of job satisfaction among the executives serving in various organizations. For the purpose of conducting this study, a sample comprising 69 executives was selected with a deliberate effort to ensure that the sample comprises executives serving at junior, middle and senior levels. All subjects were administered MAO-R (Motivational Analysis of Organization ‘ Roles), a questionnaire to assess level of job satisfaction. It was found that the job satisfaction level was high among executives. The need for achievement and the need for influence were more satisfied as compared to other needs.

The differential associations that job satisfactions and organizational commitment have with job performance and turnover intentions were studied by McFarlane Shore and Martin (1989) in a sample of bank tellers and hospital professionals. Results showed that organizational commitment was more strongly related than job satisfaction with turnover intentions for the tellers, but for the professionals. Job satisfaction was related more strongly than organization commitment with supervisory ratings of performance for both samples. The findings suggested that specific job attitudes are more closely associated with task-related outcomes such as performance ratings, whereas global organizational attitudes are more closely associated with organizational-related outcomes like turnover intentions.

The study by Judge, Heller and Mount (2002) reported results of a meta-analysis linking traits from the 5-factor model of personality to overall job satisfaction. Using the model as an organizing framework, 334 correlations from 163 independent samples were classified according to the model. The estimated true score correlations with job satisfaction were – .29 for Neuroticism, .25 for Extraversion, .02 for Openness to Experience, .17 for Agreeableness, and .26 for Conscientiousness. Results further indicated that only the relations of Neuroticism and Extraversion with job satisfaction generalized across studies. As a set, the Big Five traits had a multiple correlation of .41 with job satisfaction, indicating support for the validity of the dispositional source of job satisfaction when traits are organized according to the 5-factor model.

In a survey by Hunt and Saul (1975) of white collar workers, age and tenure had positive, linear relationships to overall job satisfaction. Age had a stronger relationship with satisfaction in males than tenure; the reverse held for females.

The article by Saari and Judge (2004) identifies three major gaps between HR practice and the scientific research in the area of employee attitudes in general and the most focal employee attitude in particular’job satisfaction: (1) the causes of employee attitudes, (2) the results of positive or negative job satisfaction, and (3) how to measure and influence employee attitudes. Suggestions for practitioners were provided on how to close the gaps in knowledge and for evaluating implemented practices.

The article by Rice, Near and Hunt (1980) reviewed empirical research that relates satisfaction with work to satisfaction with life. The review covered more than 350 job-satisfaction/life-satisfaction relationships reported in 23 studies that varied widely in terms of the sample, instrumentation, and date of survey. For more than 90% of the cases, the direction of this relationship was positive; and none of the scattered negative relationships was statistically reliable. The magnitude of the reported zero-order relationship between job satisfaction and overall life satisfaction was typically modest, with correlations mostly in the mid-.30’s for males and mid-.20’s for females. The typical job-satisfaction/life-satisfaction correlation dropped to the low teens when specific facets of life satisfaction, such as marital or leisure satisfaction, were used instead of overall life satisfaction.

Two studies were designed by Farrell and Rusbult (1981) to explore the ability of the investment model to predict job satisfaction, job commitment, and job turnover. The first study was a controlled laboratory analog of a work setting, and the second study was a cross-sectional survey of industrial workers. The results of the two studies were consistent. Job satisfaction was best predicted by the reward and cost values of the job, and job commitment was best predicted by a combination of reward and cost values, alternative value, and investment size. Both satisfaction and commitment were correlated with job turnover, but job commitment was more strongly related to turnover than was satisfaction. These results were in complete agreement with the investment model.

The article by Judge and Bono (2001) presented meta-analytic results of the relationship of 4 traits’self-esteem, generalized self-efficacy, locus of control, and emotional stability (low neuroticism)’with job satisfaction and job performance. With respect to job satisfaction, the estimated true score correlations were .26 for self-esteem, .45 for generalized self-efficacy, .32 for internal locus of control, and .24 for emotional stability. With respect to job performance, the correlations were .26 for self-esteem, .23 for generalized self-efficacy, .22 for internal locus of control, and .19 for emotional stability. In total, the results based on 274 correlations suggested that these traits are among the best dispositional predictors of job satisfaction and job performance.

It is widely believed that the employee participation may affect employee’s job satisfaction; employee productivity, employee commitment and they all can create comparative advantage for the organization. The main intention of the study by Bhatti and Qureshi (2007) was to find out relationship among employee participation, job satisfaction, employee productivity and employee commitment. The findings of this study were that employee participation is an important determinant of job satisfaction components. Increasing employee participation will have a positive effect on employee’s job satisfaction, employee commitment and employee productivity. Naturally increasing employee participation is a long-term process, which demands both attention from management side and initiative from the employee side.

CHAPTER 3:

RESEARCH METHODOLOGY

3.1 OBJECTIVES OF THE STUDY

‘ To evaluate and analyze psychological contract.

‘ To study job satisfaction.

‘ To study the relationship between psychological contract and job satisfaction.

3.2 HYPOTHESIS

H0: There is no significant relationship between psychological contract and job satisfaction.

H1: There is significant relationship between psychological contract and job satisfaction.

3.3 RESEARCH DESIGN

The research is descriptive and experimental in nature.

Descriptive research refers to the type of research question, design, and data analysis that will be applied to the research. Experimental research determines the relationship between two variables by keeping one variable dependent on the independent variable.

3.4 DATA COLLECTION

Primary data collected from 100 employees of banking sector using two self-formulated questionnaires.

Secondary data collected from journals, research papers, books and websites.

SAMPLING

3.5 SAMPLING TECHNIQUE

Sampling method used is Convenience sampling.

Convenience sampling attempts to obtain a sample of convenient elements. The selection of sampling units is left primarily to the interviewer. Often respondents are selected because they happen to be in the right place at the right time. It is the least expensive and least time consuming and is easy to measure.

3.6 SAMPLE SIZE

The sample size for the study is 100 collected from executive level of Yes Bank, ICICI Bank, HDFC Bank, Axis Bank.

CHAPTER 4

DATA ANALYSIS AND FINDINGS

The research deals with studying the impact of psychological contract on job satisfaction. The reliability of psychological contract and job satisfaction was calculated. Also, mean and standard deviation of all the parameters was calculated and correlation has been applied. Finally, the correlation and regression of psychological contract and job satisfaction is calculated through SPSS and the results of it are as below.

4.1 RELIABILITY OF PSYCHOLOGICAL CONTRACT:

Reliability Statistics

Cronbach’s Alpha N of Items

.753 32

Table 4.1 Reliability of psychological contract

The Cronbach alpha is 0.753.

This indicates a high level of internal consistency for our scale with this specific sample.

4.2 RELIABILITY OF JOB SATISFACTION:

Reliability Statistics

Cronbach’s Alpha N of Items

.906 18

Table 4.2 Reliability of job satisfaction

The Cronbach alpha is 0.906.

This indicates a high level of internal consistency for our scale with this specific sample.

‘

4.3 MEAN AND STANDARD DEVIATION FOR PSYCHOLOGICAL CONTRACT QUESTIONNAIRE:

Statistics

N Valid 100

Missing 0

Mean 2.5071

Std. Deviation .32807

Range 1.56

Table 4.3 Mean and Standard deviation of psychological contract

The mean for the psychological contract questionnaire is 2.5071 which display the average of the responses submitted by the respondents for this questionnaire.

Standard deviation 0.32807 indicates the degree to which the respondents differ from the mean value for the group.

‘

4.4 MEAN AND STANDARD DEVIATION FOR JOB SATISFACTION QUESTIONNAIRE:

Statistics

N Valid 100

Missing 0

Mean 2.3678

Std. Deviation .64306

Range 3.39

Table 4.4 Mean and Standard deviation of job satisfaction

The mean for the job satisfaction questionnaire is 2.3678 which display the average of the responses submitted by the respondents for this questionnaire.

Standard deviation 0.64306 indicates the degree to which the respondents differ from the mean value for the group which is more than the standard deviation of psychological contract responses.

‘

4.5 CORRELATION BETWEEN PSYCHOLOGICAL CONTRACT AND JOB SATISFACTION:

Correlations

PC_mean JS_mean

PC_mean Pearson Correlation 1 .637**

Sig. (2-tailed) .000

N 100 100

JS_mean Pearson Correlation .637** 1

Sig. (2-tailed) .000

N 100 100

**. Correlation is significant at the 0.01 level (2-tailed).

Table 4.5 Correlation between psychological contract and job satisfaction

The pearson correlation is .637 this means that there is a strong relationship between the two variables, psychological contract and job satisfaction. This means that changes in one variable are strongly correlated with changes in the second variable.

A positive pearson correlation means that as one variable increases in value, the second variable also increase in value. Similarly, as one variable decreases in value, the second variable also decreases in value. This is called a positive correlation.

The Sig (2-Tailed) value .000 indicates statistically significant correlations between the two variables. That means, increases or decreases in one variable do significantly relate to increases or decreases in the second variable.

‘

4.6 REGRESSION ANALYSIS:

Model Summary

Model R R Square Adjusted R Square Std. Error of the Estimate

1 .637a .406 .400 .49811

a. Predictors: (Constant), PC_mean

Table 4.6 Regression analysis

The coefficient of determination is 0.406; therefore, about 40.60% of the variation in the job satisfaction data is explained by psychological contract of respondents.

4.7 ANOVA:

ANOVAb

Model Sum of Squares df Mean Square F Sig.

1 Regression 16.624 1 16.624 66.999 .000a

Residual 24.316 98 .248

Total 40.939 99

a. Predictors: (Constant), PC_mean

b. Dependent Variable: JS_mean

Table 4.7 ANOVA

Here, p < 0.000, which is less than 0.05, and indicates that, overall, the model applied can statistically significantly predict the outcome variable.

4.8 MAJOR FINDINGS:

‘ The reliability of psychological contract questionnaire is 0.753.

‘ The reliability of job satisfaction questionnaire is 0.906.

‘ The correlation between psychological contract and job satisfaction is 0.637.

‘ The coefficient of determination is 0.406.

‘ p < 0.000, which is less than 0.05, hence, H0 is rejected and H1 is accepted.

There is significant relationship between psychological contract and job satisfaction.’

CHAPTER 5:

CONCLUSION AND RECOMMENDATIONS

Psychological contract refers to the unspoken agreement between an employer and an employee that communicates their expectations from each other. There are no written promises between the two parties. The parameters used in the psychological contract questionnaire are divided into two parts, employee obligations and employer obligations. There are 8 same parameters each for employee and employer obligations, short-term obligation, loyalty, narrowness, performance support, development, external marketability, stability and psychological contract fulfillment.

Job satisfaction is the level of contentment an employee has for his job. When the expectations of an employee from employer and organization get fulfilled, the employee feels a part of the organization and more satisfied.

The parameters used for measuring job satisfaction with the help of questionnaires are, general working conditions, pay and promotion potential, work relationships, use of skills and abilities and work activities.

By this research it was found that psychological contract of an employee with his/her employer does affect the job satisfaction level of the employee. The stronger the contract between the employee and the employer more satisfied the employee feels in the organization.

Psychological contracts serve an important purpose when honored by both parties:

When both parties honor the psychological contract, a bond of loyalty is formed between the two. When the employee shows that he is willing to put in as much work as he implied and the boss’ expectations prove fair, both parties will go out of their way to maintain this positive relationship.

The ability to perceive one another as human beings and being empathetic can make a big difference. A productive psychological contract depends on the employer’s ability to occasionally let an employee’s shortcomings slide, which will then result in the employee returning the favor.

When trust has been established through the psychological contract, it makes it easier for both parties to exhibit openness and honesty. When neither the employee nor the boss fear the possibility of betrayal, it is easier for each to open up about personal needs, frustrations or experiences. This allows each to respond in a healthy, productive manner.

When the terms of the psychological contract are honored, all aspects of the working relationship should run more smoothly. This greater degree of trust, respect and understanding can lead to a positive, healthy relationship, a workplace that is run in a more efficient manner and a greater degree of job satisfaction by both parties. Greater enthusiasm for the job and higher morale go hand in hand, and may feed positively into all other areas of the job.

5.1 LIMITATIONS:

‘ The research was confined to 100 participants of a region of banking sector and does not necessarily show a pattern that is applicable to all other organizations.

‘ Personal biasness of respondents cannot be ignored. There may be slight variations in the accuracy of the results.

‘ Human errors are possible.

5.2 RECOMMENDATIONS:

‘ This study can be used and further extended to more number of participants of different sectors for further study.

‘ There is a need for the organizations to build a stronger psychological contract with their employees by showing empathy and understanding the expectations of the employees from them.

‘ Organizations should focus on building trust in the manager-employee relationship. There should be open communication and transparency in the organization.

‘ Proper feedback and recognition to the employee keeps the employee satisfied.

REFERENCES

RESEARCH PAPERS:

‘ Bhatti, K. K. & Qureshi, T. M. (2007). Impact of Employee Participation on Job Satisfaction, Employee Commitment And Employee Productivity. International Review of Business Research Papers, Vol.3 No.2, Pp. 54 ‘ 68.

‘ Christen, M., Iyer, G. and Soberman, D. (2006). Job Satisfaction, Job Performance, and Effort: A Reexamination Using Agency Theory. Journal of Marketing, Vol. 70, pp. 137-150.

‘ Eisenberger, R., Fasolo, P., & Davis-LaMastro, V. (1990). Perceived organizational support and employee diligence, commitment, and innovation. Journal of Applied Psychology, 75, 51-59.

‘ Eisenberger, R., Huntington, R., Hutchison, S., & Sowa, D. (1986). Perceived organizational support. Journal of Applied Psychology, 71, 500-507.

‘ Farrell, D. & Rusbult, C. E. (1981). Exchange Variables as Predictors of Job Satisfaction, Job Commitment, and Turnover: The Impact of Rewards, Costs, Alternatives, and Investments. Organizational Behavior and Human Performance, 27, 28, 78~95.

‘ Hunt, J. W. & Saul, P. N. (1975). The Relationship of Age, Tenure, and Job Satisfaction in Males and Females. Academy of Management Journal, Volume 18, Number 4, 690-702.

‘ Janssens, M., Sels, L. & Van den Brande, I. (2002). Multiple types of psychological contracts: A six-cluster solution. Human Relations, 56(11): 1349’1378.

‘ Judge, T. A. & Bono, J. E. (2001). Relationship of Core Self-Evaluations Traits’Self-Esteem, Generalized Self-Efficacy, Locus of Control, and Emotional Stability’With Job Satisfaction and Job Performance: A Meta-Analysis. Journal of Applied Psychology, Vol. 86, No. 1, 80-92.

‘ Judge, T. A., Heller, D. & Mount, M. K. (2002). Five-Factor Model of Personality and Job Satisfaction: A Meta-Analysis. Journal of Applied Psychology, Vol. 87, No. 3, 530’541.

‘ Law, P. & Crawford, J. (2003). The effect of organizational culture and leadership style on job satisfaction and organizational commitment- A cross-national comparison. Journal of Management Development, Vol. 23 Iss: 4, pp.321 ‘ 338.

‘ Lawler, E.E. III and Porter, L.W. (1967). The Effect of Performance on Job Satisfaction. Industrial Relations, pp. 20-28.

‘ McFarlane Shore, L. & Martin, H. J. (1989). Job Satisfaction and Organizational Commitment in Relation to Work Performance and Turnover Intentions. Human Relations, Volume 42, Number 7, pp. 625-638.

‘ Patrick, H. A. (2008). Psychological Contract and Employment Relationship. The Icfai University Journal of Organizational Behavior, Vol. 7, No. 4, pp. 7-24.

‘ Rice, R. W., Near, J. P. & Hunt, R. G. (1980). The Job-Satisfaction/Life-Satisfaction Relationship: A Review of Empirical Research. Basic And Applied Social Psychology, 1(1). 37-64.

‘ Rousseau, D.M. (1990). New hire perceptions of their own and their employer’s obligations: A study of psychological contracts. Journal of Organizational Behavior, Vol. 11,389-400.

‘ Rousseau, D.M. (1989). Psychological and implied contracts in organizations. Employee Responsibilities and Rights Journal, 2, 121-139.

‘ Rousseau, D.M. & Parks, J.M. (1993). The contracts of individuals and organizations. Research in Organizational Behavior, 15, 1-43.

‘ Saari, L. M. & Judge, T. A. (2004). Employee Attitudes And Job Satisfaction. Human Resource Management, 395-407.

‘ Singh, M. P. & Sinha, D. J. (2013). Job Satisfaction in Organizational Executives. International Journal of Scientific and Research Publications, Volume 3, Issue 4.

‘ Sturges, J., Conway, N., Guest, D. & Liefooghe, A. (2005). Managing the career deal: The psychological contract as a framework for understanding career management, organizational commitment and work behavior. Journal of Organizational Behavior, 26, 821’838.

‘ Sturges, J., Conway, N., Guest, D. & Mackenzie Davey, K. (2002). A longitudinal study of the relationship between career management and organizational commitment among graduates in the first ten years at work. Journal of Organizational Behavior, 23, 731’748.

‘ Ul Haq, I., Ahmad Jam, F., Azeem, M. U., Ali, M.A. & Fatima, T. (2011). Psychological contract and job outcomes: mediating role of affective commitment. African Journal of Business Management, 5(19), pp. 7972-7979.

‘ Williamson, 0. E. (1979). ‘Transaction-cost economics: The governance of contractual relations’, Journal of Law and Economics, 22,233-261.

BOOKS:

‘ Armstrong, M. (2006). A Handbook of Human resource Management Practice, Tenth Edition, Kogan Page Publishing, London, p. 264.

‘ Barnard, C. I. (1973). The Functions of the Executive, Harvard University Press, Cambridge. Business Week (1988). ‘The best B-Schools’, November 28, 1988.

‘ Blau PM (1964). Exchange and power in social life: New York: Wiley.

‘ Bridges, W. (1995). Jobshift. London: Nicholas Brealey.

‘ Davis, K. and Nestrom, J.W. (1985). Human Behavior at work: Organizational Behavior, 7 edition, McGraw Hill, New York, p.109.

‘ Farnsworth, E. A. (1982). Contracts, Little, Brown, Boston.

‘ George, J.M. and Jones, G.R. (2008). Understanding and Managing Organizational behavior, Fifth Edition, Pearson/Prentice Hall, New Jersey, p. 78.

‘ Guest, D. & Conway, N. (2002) Pressure at Work and the psychological contract. Research report. London: Chartered Institute of Personnel and Development.

‘ Guest, D. & Conway, N. (2000) The psychological contract in the public sector. The results of the 2000 CIPD Survey of the employment relationship. Research report. London: Chartered Institute of personnel and Development.

‘ Levinson, H. (1962). Men, Management and Mental Health. Cambridge, MA: Harvard University Press.

‘ Morrison EW, Robinson SL (1997). When employees feel betrayed: A model of how psychological contract violation develops. Acad. Manage. Rev., 22: 226-256.

‘ Mullins, J.L. (2005). Management and organizational behavior, Seventh Edition, Pearson Education Limited, Essex, p. 700.

‘ Murray, J. E. (1974). Contracts, Bobbs-Merrill, New York. Oxford English Dictionary (1971). Oxford University Press, Oxford.

‘ Organ DW (1988). Organizational citizenship behavior: The good soldier syndrome. Lexington, MA: Lexington Books.

‘ Rousseau DM (1995). Psychological contracts in organizations: Understanding written and unwritten agreements. Newbury Park, CA: Sage.

‘ Schein, E.H. (1980). Organizational Psychology. Englewood Cliffs, NJ: Prentice Hall.

‘ Schein EH (1978). Career Dynamics: Matching Individual and Organizational Needs. Reading: Addison-Wesley.

‘ Spector, P.E. (1997). Job satisfaction: Application, assessment, causes and consequences, Thousand Oaks, CA, Sage Publications, Inc.

‘ Statt, D. (2004). The Routledge Dictionary of Business Management, Third edition, Routledge Publishing, Detroit, p. 78.

‘ Vroom, V.H. (1964). Work and motivation, John Wiley and Sons, New York, p.99.

WEBSITES:

‘ http://www.cipd.co.uk/hr-resources/factsheets/psychological-contract.aspx

‘ http://www.businessballs.com/psychological-contracts-theory.htm

‘ http://en.wikipedia.org/wiki/Psychological_contract#The_formation_of_the_contract

‘ http://en.wikipedia.org/wiki/Job_satisfaction

‘ http://www.businessballs.com/psychological-contracts-theory.htm#psychological-contracts-diagrams

‘

ANNEXURE

A1. Psychological Contract questionnaire

PSYCHOLOGICAL CONTRACT QUESTIONNAIRE

1. You have no future obligations to this employer

Strongly Agree

Agree

Neutral

Disagree

Strongly Disagree

2. You can quit whenever you want

Strongly Agree

Agree

Neutral

Disagree

Strongly Disagree

3. You can make personal sacrifices for this organization

Strongly Agree

Agree

Neutral

Disagree

Strongly Disagree

4. You will protect this organization’s image

Strongly Agree

Agree

Neutral

Disagree

Strongly Disagree

5. You do only what you are paid to do

Strongly Agree

Agree

Neutral

Disagree

Strongly Disagree

6. You only perform specific duties you agreed to when hired

Strongly Agree

Agree

Neutral

Disagree

Strongly Disagree

7. You accept increasingly challenging performance standards

Strongly Agree

Agree

Neutral

Disagree

Strongly Disagree

8. You adjust to changing performance demands due to business necessity

Strongly Agree

Agree

Neutral

Slightly Agree

Strongly Disagree

9. You build skills to increase your value to this organization

Strongly Agree

Agree

Neutral

Disagree

Strongly Disagree

10. You actively seek internal opportunities for training and development

Strongly Agree

Agree

Neutral

Disagree

Strongly Disagree

11. You build contacts outside this firm that enhance your career potential

Strongly Agree

Agree

Neutral

Disagree

Strongly Disagree

12. You build skills to increase your future employment opportunities elsewhere

Strongly Agree

Agree

Neutral

Disagree

Strongly Disagree

13. You seek out assignments that enhance your employability elsewhere

Strongly Agree

Agree

Neutral

Disagree

Strongly Disagree

14. You want to remain with this organization indefinitely

Strongly Agree

Agree

Neutral

Disagree

Strongly Disagree

15. You plan to stay here for a long time

Strongly Agree

Agree

Neutral

Disagree

Strongly Disagree

16. Overall, how well have you fulfilled your commitment to your employer

Extremely Satisfied

Somewhat Satisfied

Neutral

Somewhat Dissatisfied

Extremely Dissatisfied

17. Your employer makes no commitments to retain you in the future

Strongly Agree

Agree

Neutral

Disagree

Strongly Disagree

18. You have this job only as long as this employer needs you

Strongly Agree

Agree

Neutral

Disagree

Strongly Disagree

19. Your employer is concerned for your personal welfare

Strongly Agree

Agree

Neutral

Disagree

Strongly Disagree

20. Your employer makes decisions with your interests in mind

Strongly Agree

Agree

Neutral

Disagree

Strongly Disagree

21. You have limited involvement in the organization

Strongly Agree

Agree

Neutral

Disagree

Strongly Disagree

22. The organization is training you only for your current job

Strongly Agree

Agree

Neutral

Disagree

Strongly Disagree

23. The organization supports you to attain the highest possible levels of performance

Strongly Agree

Agree

Neutral

Disagree

Strongly Disagree

24. Your employer helps you to respond to ever greater industry standards

Strongly Agree

Agree

Neutral

Disagree

Strongly Disagree

25. There are opportunities for career development within this firm

Strongly Agree

Agree

Neutral

Disagree

Strongly Disagree

26. There are opportunities for promotion

Strongly Agree

Agree

Neutral

Disagree

Strongly Disagree

27. The organization helps you develop externally marketable skills

Strongly Agree

Agree

Neutral

Disagree

Strongly Disagree

28. You are given job assignments that enhance your external marketability

Strongly Agree

Agree

Neutral

Disagree

Strongly Disagree

29. You are given the opportunity to make contacts that create employment opportunities elsewhere

Strongly Agree

Agree

Neutral

Disagree

Strongly Disagree

30. Secure employment

Strongly Agree

Agree

Neutral

Disagree

Strongly Disagree

31. Wages and benefits I can count on

Strongly Agree

Agree

Neutral

Disagree

Strongly Disagree

32. Overall, how well does your employer fulfill its commitments to you

Extremely Satisfied

Somewhat Satisfied

Neutral

Somewhat Dissatisfied

Extremely Dissatisfied

‘

A2. Job Satisfaction Questionnaire

JOB SATISFACTION QUESTIONNAIRE

1. Hours worked each week

Extremely Satisfied

Somewhat Satisfied

Neutral

Somewhat Dissatisfied

Extremely Dissatisfied

2. Flexibility in scheduling

Extremely Satisfied

Somewhat Satisfied

Neutral

Somewhat Dissatisfied

Extremely Dissatisfied

3. Location of work

Extremely Satisfied

Somewhat Satisfied

Neutral

Somewhat Dissatisfied

Extremely Dissatisfied

4. Amount of paid vacation time/sick leave offered

Extremely Satisfied

Somewhat Satisfied

Neutral

Somewhat Dissatisfied

Extremely Dissatisfied

5. Salary

Extremely Satisfied

Somewhat Satisfied

Neutral

Somewhat Dissatisfied

Extremely Dissatisfied

6. Opportunities for Promotion

Extremely Satisfied

Somewhat Satisfied

Neutral

Somewhat Dissatisfied

Extremely Dissatisfied

7. Benefits (Health insurance, life insurance, etc.)

Extremely Satisfied

Somewhat Satisfied

Neutral

Somewhat Dissatisfied

Extremely Dissatisfied

8. Job Security

Extremely Satisfied

Somewhat Satisfied

Neutral

Somewhat Dissatisfied

Extremely Dissatisfied

9. Recognition for work accomplished

Extremely Satisfied

Somewhat Satisfied

Neutral

Somewhat Dissatisfied

Extremely Dissatisfied

10. Relationships with your co-workers

Extremely Satisfied

Somewhat Satisfied

Neutral

Somewhat Dissatisfied

Extremely Dissatisfied

11. Relationship(s) with your supervisor(s)

Extremely Satisfied

Somewhat Satisfied

Neutral

Somewhat Dissatified

Extremely Dissatisfied

12. Relationships with your subordinates (if applicable)

Extremely Satisfied

Somewhat Satisfied

Neutral

Somewhat Dissatisfied

Extremely Dissatisfied

13. Opportunity to utilize your skills and talents

Extremely Satisfied

Somewhat Satisfied

Neutral

Somewhat Dissatisfied

Extremely Dissatisfied

14. Opportunity to learn new skills

Extremely Satisfied

Somewhat Satisfied

Neutral

Somewhat Dissatisfied

Extremely Dissatisfied

15. Support for additional training and education

Extremely Satisfied

Somewhat Satisfied

Neutral

Somewhat Dissatisfied

Extremely Dissatisfied

16. Variety of job responsibilities

Extremely Satisfied

Somewhat Satisfied

Neutral

Somewhat DIssatisfied

Extremely Dissatisfied

17. Degree of independence associated with your work roles

Extremely Satisfied

Somewhat Satisfied

Neutral

Somewhat Dissatisfied

Extremely Dissatisfied

18. Adequate opportunity for periodic changes in duties

Extremely Satisfied

Somewhat Satisfied

Neutral

Somewhat Dissatisfied

Extremely Dissatisfied

Managing Operations In Tourism & Hospitality Industry

Marriott International Inc. operated and franchised 3,800 hotels properties, 19 hotel brands in 2012. Marriott furthermore presented 1,850 appointed corporate and business real estate rental items. In the 85+ years since company’s beginning, Marriott has established a culture and a custom of innovation, service & leadership. The hotels having portfolio and timeshares are consisting of such brands:

Full-Service Lodging Extended-Stay Lodging

Marriott Hotels & Resorts
Residence Inn by Marriott
Marriott Conference Centers
Towne Place Suites by Marriott
JW Marriott Hotels & Resorts
Marriott Executive-Stay
The Ritz-Carlton
Marriott Executive Apartments
Renaissance Hotels & Resorts Timeshare
Bulgari Hotels & Resorts
Marriott Vacation Club International

Select-Service Lodging

The Ritz-Carlton Club
Courtyard by Marriott ‘
Grand Residences by Marriott
Fairfield Inn by Marriott
Horizons by Marriott Vacation Club
Spring Hill Suites by Marriott

The Marriott’s key profitable processes usually are to produce as well as create lodgings features. The Marriot’s operations accounts for selecting, training as well as supervising professionals which employees required running the actual facilities. Marriott offers centralized reservation services as well as nation’s advertising and marketing, marketing and advertising as well as promotional solutions, and also numerous information technology as well as information control solutions.

Mission Statement:

Marriott’s vision in the corporation shall be the earth’s foremost provider of hospitality products and services. It can be grounded in his or her extreme target taking good care of the guest, extensive functional understanding, the growth of a highly skilled and different workforce, and supplying the top profile of accommodations manufacturers in the industry with his or her leadership. Marriott continues to take pleasure in business preference, constant development and productivity etc.

Location Layout:

Marriott International, Inc., has more than 2,800 operating units in the states and also 65 different nations and also areas. It employs 128,000 individuals.

Forecasting:

Marriott international provides their own powerful projecting strategy to estimate the actual improve and loss of occupancy amount, staffs was required to handle the actual peak time, volume of meals needed for example.

1. Explain the development of operations and the ways in which effective operations management can benefit tourism and hospitality businesses. LO1

1.1 Outline the origins of operations management from manufacturing to the service sector?

Operations Management in Manufacturing and Service Industries

The hospitality and tourism business has observed tremendous change in manufacturing and service area during the last decade. Hospitality and tourism business these days is definitely an essential section of the human being life in the United Kingdom or internationally.

According to PowerSki, almost all manufacturers attempt to carry out exactly the same fundamental functionality: to remodel resources into finished products. To do this particular function within today’s hospitality business, manufacturers must continuously make an effort to enhance operational effectiveness.

Production Planning.
Production control.
Quality control.

When the productions process is within its place, the interest from the operations manager changes towards the day to day activities associated with materials administration that encompasses the next actions: buying, stock manage, as well as work scheduling.

E-Purchasing

Through e-purchasing (or e-procurement), businesses deliver or may preserve its services or goods to customers/buyers. Amount of the invoice will be realized via credit card or debit card etc.

Inventory Control

An inventory control applied to monitor the quantity of an item or services left behind. Inventory control meant supervision of the supply and storage & accessibility of items in order to insure sufficient supply except excessive oversupply.

Just-in-Time Production

The manufacturer arranges with regard to materials to realize creation facilities simply with just in time to the manufacturing procedure. Materials and components productions requires just in time to ensure its delivery in time. The manufacturer needs to invest right ways to produce the required quality, in precisely the given period of time.

Material Requirements Planning (MRP)

An alternate system, called material requirements planning (MRP), depends on an automated project both to ascertain the amount of materials required for generation and to focus when they ought to be requested or made. The MRP concentrates on material planning, however there’s a more complex framework called manufacturing resource planning (MRP II)’that goes past material wanting to help screen assets in every aspect of the organization.

Graphical Tools: PERT and Gantt Charts

Here we’ll concentrate on two of the most well-known Gantt and PERT charts.

Gantt Charts

A Gantt Charts lets us know that by day six, all frill and clothes have been made. As operations chief, you’ll need to give careful consideration to the advancement of the stuffing and sewing operations to guarantee that completed items are prepared for shipment by their booked date.

PERT Charts

PERT charts are handy when the processing procedure is honestly basic and the exercises aren’t interrelated. For more intricate timetables, operations supervisors may utilize PERT outline.

Figure: PERT Chart for Vermont Teddy Bear

The above PERT Chart demonstrates how the exercises included in making a solitary bear are connected. It shows that the creation procedure starts at the cutting station.

The Technology of Goods Production: There are lots of technologies for goods productions these are as follows:

Computer-Aided Design

That is when Montgomery turned to machine innovation for help and started utilizing a computer-aided design (CAD) programming bundle to plan the motor as well as the board itself and a considerable lot of its parts.

Computer-Aided Manufacturing

A computer-aided manufacturing (CAM) programming framework decides the steps required to handle the part and teaches the machines that do the work.

Computer-Integrated Manufacturing

Computer-integrated manufacturing (CIM) frameworks have taken the mix of workstation helped plan and assembling to a more elevated amount of delivery, stock control and are actually altering the generation process.

Flexible Manufacturing Systems

In flexible manufacturing system (FMS), the workstation controlled gear can undoubtedly be adjusted to transform a mixed bag of merchandise. A FMS makes it conceivable to change supplies setups only by reprogramming PC controlled machines.

Operations Management in Manufacturing and Service Industries

Like Powerski, each organisation whether it prepares merchandise or gives services sees Job 11.1 as outfitting clients with quality items. Production Planning, Production Control, Quality Control also must needed to consider.

Figure 11.1 the Transformation Process

1.2 Describe how manufacturing operations management differs from that in a services environment.

Manufacturing Operations versus Service Operations

Manufacturing is different from the service in many ways. Such as manufacturing provides tangible products, service provision provides intangible services. The core difference between products and services is the tangibility. Furthermore, manufacturing is low customer contact. Conversely, service provision is high customer contact.

Furthermore, the responsibility of the manageress in manufacturing industry is totally different from the manageress in service industry. Services operations to manufacturing operations get differences but parallels. Differences between the manufacturing and service operations are based on the following features:

Table 1 provides an overview of the different manufacturing and service operations.

TABLE 1

Differences between manufacturing and service operations

Characteristic Manufacturing Service

Output Manufacturing outputs are Tangible and consumable Service outputs are intangible and continuous

Consumer contact Customer contact is low High level customer contact needed

Nature of work Manufacturing companies are more of a Capital intensive Service organizations are labor intensive

Uniformity of output High Low

Difficulty of quality assurance Low High

Measurement of performance Easy Difficult

Inventory needed Manufacture products needed to store in inventory Service is intangible and inventory is not needed

Structure Flexibility Manufacture structure is rigid and obeys standing methodology Service maintains control flexibility with its atmosphere

Maintenance and repair Manufacturing needs regular maintenance and repair work Service do not need to maintain and repair at all

1.3 Explain how an operation has become a managerial function in the tourism and hospitality industry.

Operations management in tourism and hospitality businesses includes things like numerous pursuits, many of which usually are center to the experience of guests and visitors impression. Inside traveling, vacation and food, the word operations administration will be certainly not broadly utilized, while using the personal preference getting intended for useful administration accountabilities within the name, considering that many companies within the market run numerous solution and support operations. Operation Managers of Marriot holds a major responsibility of entertaining their customers (e.g. tourists and guests) by arranging different logistical support on behalf of the hotel.

Types of operations characteristics with traveling, vacation and food include things like:

Food creation and presentation depends on administration of the mind of the Chef;
The dispatch purpose of a great airline;
The check-in service from a great airport;
Fast food and dinner creation and support;
Shuttle bus travels operation for city round and site seeing for historical places intended for site visitors;
Organization involving customer transport measures coming from airport in order to overnight accommodation facilities.
Guest party and queuing for the entrance with a theme park your car or perhaps other major destination, and
Handling buyer issues with a major visitor location and a pool of readymade buyers to be handled.
Generate discount services for the major visitor

LO.2 Analyse the ways in which operations management can be used to create customer value and competitive advantage.

add ‘mickel potter’ theory & ‘blue ocean strategy’ in this LO2 question

Competition:

According to Michael Porter’s theory of Five Forces Model the competition of Marriot International can break down to 5 initial stages-

1. Existing Competitive rivalry

The particular Farmington Marriott’s most significant competitors are classified as the Hilton Inn with Town center Hartford along with the Increase Tree Inn with the Bradley Airport terminal, which usually actually both Hilton Brand names. Worldwide these Marriott competitors tend to be Accor, Hilton Hotel Corporation, along with the Intercontinental Hotel Group and many more.

2. Threat of New Market entrants

Every year more than 1200 hospitality and tourism service providers are adding to list where they have cheaper price and more flexibility to serve the customers. For those new competitors international hotel chains like Marriott International are losing their market share simultaneously.

3. Bargaining power of Buyer

In this region of process optimization, economic downturn, changing preferences, customers are more concerned of cheaper price and more customized tourism service. Here hotel chains have to go beyond their standard packages and attempted to reduce price.

4. Bargaining power of suppliers

Suppliers such as logistical providers, subsidiaries, tourism agencies are continuously increasing their service charge and demanding high as well as maintaining their syndicate for maintaining their price level.

5. Threat of Substitute Product

With an effect of economic downturn peoples are more concern of passing their entertainment to other new sources, their choice and preference has been changed. On the other side adopting with the technological changes of tourism industry has been a major subject of survival for hotel chains like Marriott International.

Competitive advantage: Competitive advantages will be precisely what make it possible for a company organization in order to flourish. It is the blend of aspects available style which often makes it possible for a company to better satisfy the wants in their natural environment, gaining financial rents at the same time.

Elements of Competitive Advantage ‘Uniqueness, Strategic Intent/Vision Focus, Innovation, Continual Invention, Democratic Guidelines, Strategic Supervision being a self-improving learning method, and Dynamic Functionality etc.

Competitive advantage can be a position a strong uses up against their competitors. Competitive advantage is more than additional firm through coping with their competitors. Managing its operations a firm can have other competitive advantage.

Ecological environment: Enhanced ecological, health and fitness, along with safety functionality can help plant-level production endeavors along with boost profits along with marketplace discuss. To gain these positive results, your company should determine operations techniques. Marriott’s sustainability approach can handle hospitality company progress along with gets to outside of your doors of our accommodations to help our planet’s natural sources.

Expense Control: Whenever a company patterns, generates along with promotes a product or service more efficiently than competitors such company features carried out an expense control management approach.

Difference Tactic: Difference is usually targeted at your vast marketplace that involves your generation of the product or service as well as solutions that’s identified all through their market seeing that one of a kind.

Mobility: Mobility is usually the opportunity to adjust to each central along with external enterprise changes. This may also apply to particular operations to help “be flexible”: to help adjust to along with use the business’s ever-changing needs.

Products: Retain safety stocks for concerned products and services. Safety share can be an expression helpful to summarize a quantity associated with share that’s preserved beneath your routine share to help stream against share outs.

After sales Services: After sales Support following the purchase of the service or product is very essential.

In consideration of the competitive business Marriott always provides customers value what concerned services or products offerings to its customers and it ensures advantage respectively.

2.1 Explain system design and process design and relate to tourism and hospitality

System design and process design how relates to tourism & hospitality industry:

System design is the process of defining Input, user interface, design of database, processing, output, control system, security, and documentation to satisfy specific requirements. It also considers food safety process, transportation, accommodation etc.

Design of a system includes an abstract representation of the data flows, inputs and outputs of the system. This is often showed with modeling; the following requirements about the system are decided.

1. Input

2. Output

3. Storage

4. Processing

5. System control, backup or recovery.

Process design is the part of system design and is termed as design and style regarding techniques regarding wanted physical and/or substance change regarding resources. Practice design and style can be middle to help substance engineering, in addition to it could be regarded as this summit of the area, joining together every one of the field’s ingredients. In process design style could be the design and style regarding completely new services or it could be this change or expansion regarding existing services. The design starts at the conceptual degree in addition to in the long run stops by means of manufacturing in addition to construction options.

Operation department of Marriot has developed many process flows diagram within each of their operational system and for amending and remanding those systems process flows can be added and deducted by the consent of management.

2.2 Evaluate the ‘Process’ and ‘Product’ innovation as it applies to tourism and hospitality

A process or a product evaluation examines the exact improvement of each service heads of Marriot’s entities and along with execution of unique technology and development initiative. That ensures no matter if anyone struck quantifiable finds along with executed techniques seeing that planned.

Innovation command will involve synthesizing unique command designs throughout businesses for Marriotconcentrated on national border of UK to impact staff to provide ideas, items, products and services along with answers.

Analyzing new product innovations: ‘Innovation will be the kindle which enables great firms great Innovation will be the kindle which enables Good firm’s great… Companies that will understand how to innovate never necessarily throw money directly into R&D. Instead these people expand a new style of management and business conduct that is at ease with brand new ideas, modify, risk, as well as failure. ‘

There are 3 ways of innovation of tourism industry

1. Systems review:Both formal and informal systems of tourism industry.

Understanding mode of innovation and identify them with interviewing with stakeholders and staff members.

2. Systems design: It is another method of innovation system of Marriot what integrates and interfaces method and strategy as well as effective delivery of innovation project.

3. Systems implementation: Understanding better systems by market involved information and getting assistances would be considerable about integrating total process, program and platform.

2.3 Difference the role of process of logistics and supply chain in the context of tourism and hospitality

By default the logistical part of Marriot is along with Facilities and service department. Logistics may be the process for arranging, preventing, applying, the particular powerful and useful flow connected with items and solutions from the point connected with source concise connected with intake.

Some sort of supply chain that may optimize transportation throughout several travelling settings could deliver both environment and economic advantages. Although hospitality business members master fulfilling guests, parts such as logistics and offer cycle management have got usually definitely not recently been primary expertise or even points.

The role for logistics and supply chain with traveler companies’ management and regular functions continues to be broadly accepted and examined as constructive.

As of mid-June 2013, Marriott had reached 60% of its goal with implementing ecofriendly green supply chain.

‘With over 30 participating suppliers representing 20 product categories ranging from bath fixtures to seating, carpets to casegoods, fabrics to mattresses, lighting to mirrors, and more, we are very pleased with the support we’re seeing from of our suppliers. Sustainability is of high importance to Marriott and to our guests and our communities, and we can make a significant impact by furnishing and supplying hotels in ways that are better for the guest and better for the environment’ said Dave Lippert, Marriott’s vice president of architecture & construction procurement.

2.4 Examine the factors involved in capacity planning in the context of tourism and hospitality

Broadly there are eight major steps of capacity planning of tourism. Those are study preparation, determination of goal and objective, surveys, analysis and synthesis, plan formulation, recommendation, monitoring and follow up. Capacity describes some sort of potential providing services or goods on the specific moment phase. Capacity planning will involve long-term and also short term concerns. Long-term concerns depend on the complete higher level of capability; short-term concerns depend on modifications with capability requirements because of seasons, random, and also abnormal fluctuations sought after.

Tourism carrying capacity is usually a today antiquated way of coping with website visitors with shielded regions and also countrywide areas which in turn developed out from the grounds of variety, an environment and also creatures managing. Within most of these grounds, managers attempted to look for the greatest inhabitants of a distinct kind that is helped by way of an environment on the lengthy period of time.

Be able to apply the concept of systems management to the monitoring and evaluation of operations management in the context of tourism and hospitality.LO 3

3.1 Explain the importance of setting standards of operational performance in the tourism and hospitality business environment.

The term of setting standards of operations performance in the tourism and hospitality management business environment so vital and it plays very significant role in the hospitality business arena. Monitoring as well as assessing any business’ performance enables an assessment from the organization’s good results throughout achieving strategic priorities and supplies the basis intended for upcoming decision-making as well as functionality enhancement. Some sort of functionality checking process to get a enterprise need to be dependent on any plainly defined checking method or program in which articulates functionality indications, timing from the reviews, facts variety methods, accountabilities plus the process intended for examining final results as well as putting into action measures.

3.2 Compare and contrast methods for gaining feedback, making comparisons and taking corrective activity in an operational context.

Implementing a Strategic plan taking corrective activity successfully in Tourism & Hospitality Industry

Strategic planning is necessary to be able to rewarding enterprise business boost, although businesses normally realize directly about 63% of these enterprise strategies’s prospective fiscal benefit as a result of blemishes and also breakdowns inside proper organizing and also execution. From a customer survey it’s found, those who are analysed financial performance, Quality – proper business plan, strategic operational planning over the 5 years plan using its actual performance based on several other factors they are more advanced in the progress of operational context.

What is effective strategic plan implementation? Implementation effective strategic plan can be assessed simply by precisely how very well the company complies with the economic projections lay out inside the strategic approach. Some basic principles with strategic approach rendering as follows:

When you have any strong strategic approach in place, these actions are crucial to profitable rendering.
Prevent typical rendering errors.
Get in touch with stakeholders.
Measure progress in the strategic plan.
Keep an eye on the strategic approach.

a) Avoid common strategic plan implementation mistakes

Strategic planning requires challenges. So, avoid common strategic plan implementation mistakes whenever necessary, try to apply up-to-date operational strategies. A lot of the commonest arranged prepare rendering mistakes tend to be defined down below.

b) Reach out to stakeholders

Don’t simply reach out to your staff, reach out to stakeholders too. Write about the ideal strategy using additional stakeholders, like buyers, consumers and also alliance lovers.

c) Measure progress in the strategic plan

Determine strategy plan for implementation is advancing via crucial indicators like income, quantity of services to new customers. Analyse these : Number of new customers, Complete new product sales, Percentage of margin, Return on assets (ROA), Return on equity (ROE), ROI (Return of investment), Market share, Employee morale, Customer care etc.

d) Monitor the strategic plan

You should keep monitoring of strategic plans such as Follow Regular improvements, Concern fundamental assumptions, Develop a champion for every approach as well as actions, Keep determined, Carryout short-term approach critiques, Increase skills, Focus on gross sales, Fix up ideal strategic milestones and Reward achievement.

3.3 Explain the roles and responsibilities of employees in monitoring and controlling operational systems in a tourism and hospitality setting.

Roles and responsibilities of Recruiters, staff, and also professionals just about all have particular assignments and also responsibilities pertaining to safe practices.

Recruiters ensure this safe practice of your staff. Correct almost any work environment circumstances which might be harmful for the safe practices of your staff. Provide your current staff together with usage of this Staff Pay out etc.

Staff takes realistic health care to safeguard your current safe practices and this involving different folks exactly that may possibly have what we complete as well as don’t complete. Report damages and also other occurrences for your examiner. Infractions with the Regulation as well as different appropriate demands. Cooperate along with your joint occupational safe practices panel (or employee safe practices representative) and so on.

Supervisors Ensure this safe practice involving staff within your current direct supervision. Know the prerequisites with the Regulation in which affect this work that you are supervising. Ensure in which staff within your current direct supervision usually are informed with regards to just about all risks in the workplace and they conform to this Regulation etc.

The front office managers organize bookings as well as space responsibilities, in addition to prepare as well as one on one the actual hotel’s entry table employees. The front office managers might modify prices posted on a buyer’s invoice.

Managers help work the actual day-to-day businesses of the hotel. With large accommodations, they are often accountable for things to do such as staff, sales, business office administration, advertising as well as sales, buying, stability, upkeep, as well as pool, day spa, or even fun establishments.

Food Service Managers

Food services managers are responsible for dining places as well as other areas assigned to him and serve with dinners and also drink to ensure to customers. The other responsibilities includes such as kitchen, banquet, food etc. The food services professionals make sure that customer usually are enthusiastic about his or her dining knowledge. Generally S/he main order management, Plan Menus, Estimate Inventory and Service Needs, Manage Employees, Ensure the Dining Room Meets Customer Expectations, Work Environment, Other Responsibilities etc.

The chief cook is in charge of all cooking food routines, as well as keeping good quality specifications with regard to food services.

3.4 Analyze how effective systems of management and control can lead to competitive advantage in the tourism and hospitality industry.

Information Technologies and Tourism Demand in connection with effective systems of management and control

WTO argues that will “the key to success lies in the particular fast recognition of consumer requires and also throughout accomplishing potential clients using detailed, customized and also up-to-date information”.

Market wisdom nowadays suggests that hospitality organizations need to take hold of technological know-how to be able to contend versus regular competition, in addition to entrants which create the firms with the latest technology. In this changing setting, new types of submission have to be created to lead this demand. Some sort of proper facts management purpose ought to assist in the organization assignment of the company by means of was able facts, was able operations, and in addition to was able Technology (IT).Technological innovation provides the ideal affect this marketing in addition to submission of vacation although leaves relatively un-tampered with this human-intensive aspect of guest-host interaction in addition to supplier-consumer romantic relationships. Facts technological know-how placed on this tourist system increases this efficiency in addition to excellent of solutions presented in addition to brings about new permutations of tourist services.

With the advancement of online web, marketers have the technologies in order to customize products- services and connect right having scaled-down concentrate on marketplaces. The online world is now based on computer software which serving to digital sales channel as well as an electronic customer service environment instantly through effectively and efficiently.

Be able to demonstrate knowledge of the concepts of quality, quality improvement and quality systems, and to apply these to industry examples. LO4

4.1 Define quality and explain its importance to the tourism and hospitality industries.

Concepts of quality: A quality management system (QMS) is a collection of business processes focused on achieving your quality policy and quality objectives ‘ i.e. what your customer wants and needs. It is expressed as the organizational structure, policies, procedures, processes and resources needed to implement quality management.

Quality & Customer expectation:

The customer should expect you’ll end up being treated together with courtesy as well as kindness because among the Marriott’s center a valuation is always to emphasize the client is actually correct. Consumers should be expecting issues being forms in a timely manner because Marriott management utilizes a hands-on managing model by means of consistently walking on looking for enhancements as well as inaccuracy. Consumers should be expecting almost all Marriott twigs to use because Flagship model of high quality collection. Consumers should expect taking part in completely equipped fitness gyms, reward stores, private pools, concierge quantities, company centres, as well as high-speed wifi Internet connections.

Measurement of Quality:

At the Marriott quality can be measured by the buyers exactly who continue to be on the Marriott. Weekly bands usually are tested out of your Marriott’s computer data source and are also used to determine before customer’s degree of pleasure. This charge along with strategies utilized since guidance intended for advancements.

Improving Quality System in the Hospitality Industry:

Quality system is very must important for tourism and hospitality industry business. First of concerned authorities requires concentrating in finding the lacking of quality services within its environment then must be correct it with the application of proper quality systems.

4.1 Define quality and explain its importance to the tourism and hospitality industries.

Definition of quality: The standard of something because tested versus other activities of a comparable form; the amount involving superiority involving some thing: a marked improvement throughout item top quality [count noun]: buyers consume a superior standard of living.

Quality in tourism and hospitality are very important

Quality in the hospitality and tourism sector consists of constant distribution connected with goods in addition to visitor companies based on their expectations. Supplying high quality service is among the key problems the particular food administrators is going to be facing inside using years the way it is surely an crucial issue with regard to success inside appearing, keenly competitive, international food promotes. Services quality and customer satisfaction must be ensure throughout hospitality &tourism businessesin order to establishment of goodwill. At Marriott International, Inc. in the United Kingdom recognized that will, whenever choosing a lodge, clean along with safe and sound customer areas along with an effective check-in along with check-out usually are the key things to consider for their target customers. In addition they recognized that will a majority of their clients usually are busy people which spend the night time.

Today’s competitive tourism and hospitality industry if concerned hotels or business venues do not provide adequate quality services to its valued customers as a result they may lose customers in future endeavors.

4.2 Analyze how quality methodologies are applied to the tourism and hospitality industry.

Quality Methodology:

Overall Strategy: It’s appraise that the recent travel and tourism top quality standards circumstances through primary negotiations on prices with authorities representatives as well as other critical stakeholders from the nationwide travel and tourism sector. The six modules discussed as under.

Module 1: Write-up on Existing Considerations intended for Tourism-Related Lodging

Evaluate present conditions intended for different establishments with solutions in addition to review these types of as outlined by regional, local in addition to world-wide guidelines.
Discover breaks in addition to restrictions
Make proper recommendations on modifying and/or improving the current conditions

Module 2: Place in addition to Formulation connected with Brand-new Considerations

Discover is actually facilities/services/sectors conditions must be proven
Produce conditions consistent with national/regional needs in addition to competitive surroundings
Prepare primary conditions drafts
Create conditions drafts in order to sector stakeholders
Prepare last conditions in addition to service the particular acceptance practice

Module 3: Implementation in addition to Analysis connected with Considerations

Identify review duties in addition to treatments
Approach assessment/inspection excursions
Accompany nationwide assessors/inspector goes to upon internet site
Guide review studies in addition to outcome explanations

Module 4: Volume Creating connected with National Considerations Assessors/Inspectors

Review assessor/inspector capabilities, knowledge in addition to expertise ranges
Discover breaks in addition to restrictions
Make proper tips for best option ability constructing techniques (on-site, off-site)
Create ‘UNWTO assessor certification’ immediately after profitable presence
Round up and still provide review supporting equipment
Acquire ‘Train the particular Trainer’ program

Module 5: Verbal exchanges connected with Considerations

Considerations introduction mass media discussion
Industry workshops intended for critical travel and leisure stakeholders
Reports in order to substantial educational facilities, hotel in addition to getting somebody to cook educational facilities

Module 6: Considerations in addition to Good quality Command (Mystery Guest)

Familiarization connected with conditions
Establish curbing equipment in addition to techniques (check-lists, certification, reports, use of technology, and others.)
Consent in addition to establish command treatments (reservation, expense coverage)
Approach moment lines in addition to delivery

4.3 Identify what ‘quality’ and ‘service quality’ mean to customers.

Improve the overall quality regarding product or service in the tourism industry as such tourism-related accommodation, restaurants, guides, tour providers, and also other tourism-related service providers; boost the numbers of requirement across the country, regionally and internationally; you need to showcase competiveness; along with, adequate supply is important.

Taking appropriate care of client with providing all sorts of modern and required facilities will be treated as quality. Guests Services in Hospitality Business explores subtleties regarding excellent guest support having stable & verified aspects across the industry.

According to Fitzsimons, 2005-Service quality can be defined as ‘comparing the perception of service received by a Customer with the expectations of service desired’.

The concept of service quality in the Hospitality and Tourism Industry is so vital. What exactly service excellent ways to distinct consumers may vary considerably coming from individual to individual and coming from nation in order to nation. It can be on the other hand an essential fact of company that’s a great deal more details connected with congruence as compared to range. Customers include the extremely lifeblood of your service market company as well as all businesses. It is therefore essential that supervision once and for all take out every in the obstacles that can be found in excellent service supply. ISO9001 OR ISO 9004:2009, OR 9001:2008,OR ISO 9001: 2000 qualifications should be execute to ensure better service quality standard.

4.4 Apply continuous improvement, ‘total quality management’ and ‘quality circles’ to tourism and hospitality management.

Continuous Improvement

Continuous improvement efforts such as Six Sigma and Lean, can be effectively applied in a shared services environment if the organization chooses an approach that matches within its unique culture. Marriott Business Services (MBS), the global shared services center for Marriott International, took several months to assess its needs for development and identified a specific methodology that would follow the resulting continuous improvement effort to meet Mariott’s goal for internal and external client satisfaction, process speed, accuracy, people development and sustainability. From deciding on a strategy to implementing a pilot project, MBS’s Lean Sigmateam learned some important lessons. Such as gain leadership support, implement right tool, methodological implementation, understanding timing, choose middle management, learning and adjusting, building strong image etc.

Total Quality Management: TQM or Total Quality Management indicates a management approach to long term achievement through consumer satisfaction. In a TQM attempt, all employees of an organization contribute in improving products, services, processes, and the culture where they serve.

Quality Circles: Quality is encouraged to consider how they can improve the service given to the customer. This approach (like others) needs everyone’s support and the provision of resources by which ideas generated can be tried and tested. Quality circles should regard how you can continuous improves, providing assistance to satisfy your client with desired quality. This method requires everyone’s assistance to see the positive results in the hospitality industry.

Be able to apply operations management methods to a range of organizations working within the tourism and hospitality industry. LO 5

Choosing operations management method in the hospitality discipline suggests growing to be involved with on the list of place’s most significant companies. This intended for job are extensive within extent, along with graduates are try really hard to hire on a yearly basis simply by quite a few hospitality companies. Supervision positions can be found along with resorts, hotels, restaurants, contract foods support companies, meeting bureaus, non-public night clubs, take a trip along with travel companies, hotels, theme areas, along with businesses. Hospitality and tourism industry should apply the elements of operations management methods in concentration within Food Operations Supervision, Diner along with Foodstuff Supervision, Gatherings along with Affair Supervision, Worldwide Travel and leisure Supervision, along with Club along with Resort Supervision.

5.1 Explain the importance of the external environment in the context of operations management

The External Environment

All outside aspects which could impact a company comprise your additional environment. The actual additional environment is split directly into two parts:

Directly interactive: This environment has a speedy as well as firsthand impression when this company. A brand new player going into industry is an example.

Directly interactive causes incorporate managers, customers, vendors, opposition, workers, as well as staff unions. Supervision includes a responsibility for you to each one of these organizations. Here are several illustrations:

Owners count on professionals to look at around their particular interests and provide any returning about purchases.

Shopper’s requirement satisfaction while using products and services they purchase as well as make use of.

Suppliers demand conscious connection, transaction, plus a sturdy doing the job relationship to supply needed methods.

Competitor’s current difficulties when they strive pertaining to customers in the marketplace having related offerings.

Staff members as well as staff unions provide both visitors to carry out your careers and also the counsel of employees considerations for you to managing.

The external environment has an optional and more far off impact upon the hospitality & tourism industry.

5.2 Compare and contrast the operational activities of a range of organizations in the tourism and hospitality industry.

The hospitality industry in the UK is a broad and varied industry ranging from single-person organisations to worldwide corporations. People do a total of more than 80 different jobs in the industry.

Fourteen different industries: The hospitality industry is not just hotels and restaurants. There are 12 other different sectors of the industry:

Sectors of the hospitality industry: Hospitality services, Pubs, bars and nightclubs, Gambling, Contract catering, Membership clubs, Hostels, Holiday parks, Self Catering, Visitor attractions, Tourist services, Travel Services, Events.

In case of Marriott comparing with Hilton the operational differences are given below:

Subject Marriott Hilton

Customer feedback and reviews Nice location, dining good, SPA awesome Clean, descent size and nothing fancy

Business credibility and trustworthiness Des Moines, IA- A+

Riverside, CA- A+

Bethesda, MD- C+

Oklahoma, OK – A+

A+ Rating by the BBB.

Website Popularity & Google Ranking The Marriott International has a three month global traffic rank of 1,356. Alexa gives the website a global rank of 1,669 and US rank of 617

Social Media Presence Over 114,000 likes and during the month of May 2,904 people liked the page with 8,412 people talking about it. 415,844 likes.

Pricing & Packages High Moderate

5.3 Evaluate the existing and potential impacts of the virtual marketplace on the pattern of tourism and hospitality operational activities.

Marriot has progressively adopted IT platform that has turned into a prominent medium for virtual market place. The market has identified virtual potential are of tourism provided by Marriot advertising and momentum requirements on the full acknowledgment of such potential. Through examination of the focal points of Internet as a promoting apparatus and the attributes of tourism business.The primary Internet requisitions in tourism promoting and investigated the key elements that were attributable to the current low level of travel deals at the Internet. Travel and tourism has a perfect chance to promote on virtual marketplace. This is on the grounds that tourism is a data escalated industry and the Internet is the best and proficient means in data trade around the world. The Net can significantly encourage the advancement and dissemination of visitor and possibly empower tourism goals and ventures to contend on a level playing field.

IT Tools & Software Used: Marriott International employs essentially the most advanced technological innovation, IT tools and software to meet up with its rigid calls regarding group meetings along with business travel customers.

CRM Application:

Marriott executed Siebel Programs Inc.’s customer-relationship- administration package, and has place the particular software inside the arms associated with a couple of 2,000 salesmen along with events-booking staffers. When a party can be enthusiastic about the particular

Ny Marriott Marquis, nevertheless the residence is sold out there, the software helps salesmen cross-sell some other Marriott attributes. Marriott in addition relies on International’s Net marketplace revenue along with getting somebody to use computer software for you to web page link the particular supply with their lodges in a sole databases allowing regarding cross-selling along with centralized accounts administration associated with small business groupings along with conferences. Marriott hotel sequence has upgraded for you to middle a reservation, profit along with residence administration, along with CRM programs. The Marriott’s has powerful tool like Marriott’s Automated Reservation System for Hotel Accommodations (MARSHA) for reservation network and demand management.

Bibliography:

Article: Marriott advances green supply chain (July 23, 2013), Hotel group uses MindClick index to monitor sustainable sourcing, Accessed in (http://www.traveldailymedia.com/ 194746/marriott-advances-green-supply-chain/)
Case Study: The Hackett Group (June 23, 2008), Fss Process Perspective, Marriott Business Service, How Implementing A Customized Lean Sigma Methodology Drives Continuous Improvement. Accessed in (http://www.joannesammer.com/wpcontent/uploads/2010/02/Hackett.MarriottSixSigma.pdf )
KNOJI- Consumer Knowledge , Marriott Hotels vs. Hilton: Side-by-Side Comparison , Accessed in April 15, 2014 (www.marriotthotels.knoji.com/compare-vs/hilton/ )
Ramakrishna Kongalla, Assistant Professor at IITTM, Gwalior (May 22, 2013), Tourism Planning by. Accessed in (http://www.slideshare.net/artistramakrishna/ugc-nettourismch-07-tourism-planning#)
Dr Dimitrios Buhalis, Senior Lecturer in Tourism, University of Westminster, England. Tourism Management. Strategic use of information technologies in the tourism industry. (Page 1 -12) Accessed in (http://epubs.surrey.ac.uk/1123/1/fulltext.pdf)
Cynthia S. Deale, (February 5th, 2013).The journal of Sustainable Education, Sustainability Education: Focusing on Hospitality, Tourism, and Travel. Accessed in the paragraph of Sustainability Education in Hospitality and Tourism & Sustainability Education in the Lodging Sector from (http://www.jsedimensions.org/wordpress/content/sustainability-education-focusing-on-hospitality-tourism-and-travel_2013_02/ )
Peter Robinson, London, UK. Operations Management in the Travel Industry. www.cabi.org , Accessed in book on April 14, 2014 from link (http://books.google.com.bd/books?id=-Gjo4S86TyIC&pg=PA37&lpg=PA37&dq=operation+management+journals+for+hospitality+and+tourism+industry,+UK&source=bl&ots=T5yRl-RTGO&sig=7706SYZJH7gcvvySn9UhcRkC1ks&hl=en&sa=X&ei=TJ1SU-j2GoSFrAf5zICwDQ&redir_esc=y#v=onepage&q=operationmanagementjournalsforhospitalityandtourismindustryUK&f=false )
Karl W. Wober (December 21, 2002 ), Benchmarking in Tourism and Hospitality. The Selection of benchmarking partners. CABI Publishing, Wallingford OXON OX108DE, UK. (Page 23 -30) (http://books.google.com.bd/books?id=NT30HwdP-fsC&pg=PA11&lpg=PA11&dq=comparison+of+hospitality+activities&source=bl&ots=-U6zUZNP5s&sig=JgKpIgw-GrzqWS1590VMIx506Us&hl=en&sa=X&ei=XJZRU4PKHsKkrQf884DoBw&ved=0CFEQ6AEwBA#v=onepage&q=comparisonofhospitalityactivities&f=false )
United Nations definition, (14 March 2014). Introductory Tourism. Accessed from (http://en.wikibooks.org/wiki/Introductory_Tourism)
Journal of Hospitality Management and Tourism, (September 2013 – Vol. 4 Num. 3). Open Access, Academic Journals, (http://www.academicjournals.org/JHMT . Accessed in http://www.academicjournals.org/article/article1380022324_Donyadideh.pdf )

Free Trade

Free trade is a trade where countries carries out economic activities ‘without restrictions or barrier such as import and export tariffs’, barrier to market entry and policies (Johnston, Gregory, & Smith, 2011, free trade). Many countries have reaped benefits from free trade and especially developing countries. Some benefits include improvement in infrastructures, expanded markets, access to technologies, free movement of labour and capital, investment, and political relations in form of integrations. These benefits have played a major role in the economic developments of developing countries. However, some countries argue against free trade claiming that it is a burden to developing countries and they object it. Some arguments against include exploitation of developing countries by industrialised, environmental pollution, unemployment of domestic workers, and underperformance of domestic industries thus affecting the country’s economic growth. Free trade has positively impacted to developing countries by stimulating their economic development goals such as millennium development goals thus it can be said to be realistic in the real world.

Free trade was found to work out for countries such as Japan, South Korea, China, other East Asia countries, and most of the developed countries in the world. Trade liberalization led to development of these countries and to attainment of their current level of ‘developed countries’ in the world. The countries formed ‘free trade and economic partnership agreements that helped in negotiations of trade across borders was important in facilitating trade,’ technical support, services, environmental and social issues (Zeng, 2010 p. 651). The guidelines helped countries to carry out trade in a defined environment that prevented them from exploiting each other in terms of natural resources. As a result, the countries realised developments. This has also worked out for developing countries such as those in sub-Sahara Africa for example Egypt. Moreover, free trade agreements encourage foreign direct investments in developing countries increasing inward revenues to these countries. The increased revenues to these countries are channelled to development projects such infrastructures and improving social amenities to citizens. In addition, foreign direct investments create employment for domestic workers thus helping developing countries to lower their unemployment rates. This is one of the achievements that have contributed greatly to shifting of countries from undeveloped cycles to becoming developed. For example, foreign direct investment has contributed to development of China. China is among the developing countries that’ has the largest reserve of foreign direct investments’ (Chen, & Emile, 2013 p. 120). China has attracted many foreign investors due to reduced market barriers such as ‘uniform tax for both domestic and foreign investors’ and trade liberalization resulting to increase in its gross domestic product (Davies, 2013 p. 11). As a result, China’s economy has continuously grown making it among the most developed countries. This has shown how trade liberation impacted on the development of countries through trade agreement that encourages foreign direct investment.

Free trade allows free movement of labour and capital across countries and regions. Free movements of labour and capital ensure that countries under the trade treaties are able to acquire the necessary factors of production for their businesses that will help them to improve their productivity and output. In late 1950, some of the countries in Europe suffered shortage of labour while other experienced high levels of unemployment. For example, Italy experienced economic problems such as high levels of unemployment while other countries such as Germany were lacking different types of labour and shortage on experts (Zaiceva, & Zimmermann, 2008 p. 429). Presence of free trade that was steered by European Economic Community ensured that Germany could be able to get labour from Italy at no cost. As a result Germany was able to get experts that it lacked while Italy benefitted from reducing the level of unemployment. Free trade helps to settle unemployment problems in developing countries as it allow free movement of people from their countries to more developed ones where they are able to get employments. This in turn helps them to reduce unemployment rates and realise their economic goals from increased income from abroad. Consequently, the income of people increases resulting in improved standards of living for the people in developing countries. Free movement labour created employment raising the economic status of people, which was a greater achievement towards country economic goals on reduction of unemployment (Nicoleta, & Camelia-Daniela, 2011 p. 303). As a result poverty is reduced in these countries, which is one of the millennium development goals for them. Movement of highly skilled labour to developed countries also results in high performance of domestic industries thus increasing their productivity, which in turn contribute to economic growth of the recipient country. The initiative was purely inclined to economic gains and there was no any political involvement or interference during the whole process. Moreover, the policy saw drastic improvement of the economy in the region. From this literature, it can be noted that free trade provision to free movement of labour contributed both to reduction of unemployment and poverty, increased productivity, and increased living standard of citizens in developing countries thus fostering the economic developing goals of the countries.

Free trade policies enhanced trade, transport, agriculture, manufacturing industries, imports and exports in developing countries. ‘Free trade area covers all manufactured and agricultural products, although the timetables for reducing tariffs and removing quantitative restrictions and other non-tariff barriers differ, (Association of South Asian Nations, 2009 update on free trade). Due to entry of various industries in the market, infrastructures are improved in collaboration of state’s government and the industries for their market accessibility. Improvement of infrastructures such as roads, railways, communication, electricity, and social amenities by these industries serves as a gateway to developments in these countries. Increased developments results to increase in investments and thus a country realize its development goals of. Although a country does not benefit directly through revenues from tariffs and taxes, the industries help it to meet its development goals. , its development vision is addressed. Improvements of infrastructure such as transport, electricity and social amenities results to improvement of investment capacities of regions and countries, which in turn contribute to economic growth (Jovanovic??, 2013 p. 971). Policies that lift barriers on export and imports by lowering or elimination tariffs and duties encourage export and import of both goods and services to across the region. Developing countries are able to gain revenues from exports while imports supply them with necessary services and goods that are important in steering economic development. For example the European Economic Community elimination of import and export tariffs for its member states encouraged free movement of goods and services across the region in a common market (Bento, 2009 p. 73). Therefore, free trade has contributed greatly to development of small nations through improved trade that encourages export of goods and services without barriers.

Trade liberalization has increased countries integrations and as a result aid to trade inflow to developing countries in terms of technologies and capital has been increased. This has led to strong economic growth, which has been reflected by the increasing gross domestic product and exports for developing countries in East Asia, Africa and Latin America. For example, most of Latin America middle income level countries have integrated with developed countries such as china resulting to improvements of their financial system and consecutive developments (Chen, & Emile, 2013 p. 118). Consequently, technology transfer has led to shift to manufacturing industries, which has attracted investors to the countries. Technology has resulted to increase of improved productivity through lowered cost of production by lowering the cost of labour and increasing relative labour productivity. According to comparative advantage theory by Ricardo, a ‘country should concentrate on production of goods that is best suited at lowered cost in order to improve productivity and economy through export to a second country that is not good in production’ (Bento, 2009 p. 28). Developing countries have been able to achieve improved productivity and specialization through adoption of technologies that have been introduced in their countries by other developed countries through trade liberalization. For example, India has evidenced comparative advantage by employing labour intensive production skills in manufacturing and services that employs intensive skills as in software industries. This has led to its increased exports in its production to other Asians countries thus increasing its revenues and gross domestic income that has played a major role in its economic development. High technologies attract foreign investors and investments increase. Increased investments in the developing countries also results to significant decrease in levels of unemployment. Consecutive increase in exports from developing countries has been due to decreased barrier and reduced tariffs (Johnston, et al 2011, free trade). Therefore, it can be concluded that free trade is has helped countries to advance economically and realise their economic goals such as millennium development goals.

Free trade has led increased access of economic resources to developing countries and utilization of limited available resources thus stimulating their economic and social development. Small developing countries struggle with scarce and underutilised resources. Free trade allows free entry of other countries and investors to small developing countries and as a result, they participate in conversation of the available resources to economic development resources through ‘mobilization of capital and labour thereby improving the status of the country in the economy’ (Unger, 2010 P 171). Moreover, free trade gives small developing nations chances to obtain resources such as capital from already developed countries that assist them to attain economic development resources or utilize what they have. For example, countries from Asia such as India have developed due to trade liberalization where they have been able to obtain capital, labour and other necessary resources from already developed countries. If there were restriction and barriers between countries, it would have been very difficult for countries like India to realize their development. Therefore, free access to economic resources by developing countries have shaped their economies and helped in consecutive developments.

However, free trade has been argued to be unrealistic to small developing countries and instead it is detrimental to its economy by increasing level of unemployment, exploiting domestic companies, increasing pollution and lowering people’s standard of living.

Free trade is viewed as means by which developed countries exploit domestic industries of developing countries thus affecting their economic development. Multinational companies such as Nike have been reported to exploit developing countries, (for example Asian countries) by recruiting cheap labour and taking advantage of reduced barriers to maximise on their profits (Irwin, 2009 p. 204). Free trade causes increased influx of imports in a country resulting to increased supply of goods in the market. This causes decrease in prices of goods and services causing domestic companies and industries to reduce their prices, which may result loss and reduced share of the market. Therefore, they become less competitive. This may affect the domestic industries by causing decreased growth and as a result crippling. Hence, for countries to protect their domestic industries, they ‘impose taxes on imports and policies that restrict imports’ that may cause price fluctuations in the market (Hanson, 2010 p. 204). For example, increased steel import to UK from Asia resulted in ‘decreased prices of motor vehicles and thus the car manufacturers and sellers experienced reduced prices thus making losses’ (Verband der Automobilindustrie, 2005 p. 34). The imposition of tariffs on imports decreases entry into a country market thus increasing the prices and the supply of goods by domestic companies. On the other hand, free trade has increased imports resulting reducing the price of good in the market, thus increasing the demand of imported goods and decreasing demand of domestic products thus affecting domestic industries economic growth and that of the host country.

Free trade has also been argued to be the cause of unemployment to domestic developing countries. Free trade does not limit both the entry of entrepreneurs and labour in a countries. This means that there will be transfer of skilled labours from different countries coming together with their manufactures and other entrepreneurs in the country to carry out their operations. This limits the country’s domestic workers from getting such employments and hence increasing the levels of unemployment to developing countries (Trentmann, 2008 p. 73). This increases dependency ratio to these countries and hinders them from realizing developmental goals such as decreasing unemployment rates. Similarly, due to lack of tariffs and barriers to market, many industries are established in the developing countries resulting to losses of some of the industries due to competition and hence the industries move to other countries leaving a gap in employment in the previous country. According to Isis Women, (2014 Free Trade Causes Massive Unemployment) free trade caused massive unemployment in Philippines in 1995 to 2001 with 53 firms being closed down resulting in loss of jobs for 80,319 workers as 29 downsized their human resource causing unemployment of 4,019 jobs. Similarly, free trade in US has led to relocation of most of companies to Mexico, India and other place of the world where tariffs could restrict industries from entry and thus enjoying a stable market. This led to mass unemployment in US.

Free trade has been argued as form of colonialism and imperialism in disguise and instead of contributing to developments it results in exploitation of small developing countries (Igwe, 2013 p. 113). Free trade is believed to benefit industrialized countries because of their capital potential. Most developed countries target the third world countries as the host countries where they carry their investment through exploitation of their resources. They dominate in the economy of the host country ending up controlling most of its resources, revenues, and most development projects. In 19th century, free trade helped European countries such as ‘Britain to obtained natural resources from small developing countries and this became disadvantageous to colonized countries over years, creating a gap development between the countries’ (French, 2008 p. 13). This may lead to industries or companies controlling the government though being independent. Therefore, for government to avoid this problem, it imposes barriers, taxes and customs duties so that it can limit industries and also control their operations within the country (Hanson, 2010 p. 204). This has seen countries deviating from policies of free trade and moving back to controlled trade with little free trade that is allowed to the level of regions where countries have similar economic capacities and so there would be no likelihood of exploiting each other or feeling of unfairness for example in European union.

Countries argue that free trade deny them access to sources of revenue from foreign investors that could otherwise be used in their development projects. The argument is laid on the fact that ‘free trade allows trade between countries without imposing tariffs and taxes’ (Wacziarg, & Welch, 2008 p. 197). Hence, the trade is exploitive to the developing countries. Most governments and particularly those from developing countries steer their economic development projects and caters for wages from revenues that they get from tariffs, taxes and licensing of businesses that operates within its territories and so, free trade deny them from accessing these funds. Hence, their development projects may end up taking time and making a country poorer as most of its resources are utilized at no benefits.

Conclusion

From the discussion, it can be concluded that free trade has been a reality to developing countries since it contributed greatly to development of current developed countries such as china, South Korea, and other European countries such as Germany and Britain. For example, China is one of the developed countries that have achieved its developments through taking advantage of free trade to attract investors to its country and it investing in small countries such as those in Latin America thus boosting its developments. Although free trade has been attributed by negative impacts on small developing countries, positive impact surpasses the negative one and thus contributing to most of developments in the small countries. Therefore, based on my opinion, I think that free trade has positively impacted to developing countries as it has stimulated their economic development goals such as millennium development goals. Hence free trade has been a realistic aspect to developing countries.

Fall Of The Roman Empire: essay help online

There were many reasons for the fall of the Roman Empire. Each one interweaved with the other. Many even blame the initiation of Christianity in 337 AD by Constantine the Great as the definitive cause while others blame it on increases in unemployment, inflation, military expenditure and slave labour while others blame it on the ethical issues such the decline in morals, the lack of discipline of the armies and the political corruption within the Empire. Three major contributions that led to the collapse of the once great empire were: the heavy military spending in order to expand the Empire, the over-reliance on slave labour which led to an increase in unemployment, and the political corruption and abuse of power by the Praetorian Guard leading to the unfair selection of many disreputable emperors and the assassination of those not favoured by the Guard.

One of the main reasons of the collapse of the Roman Empire was the over expenditure on the military to constantly fund wars abroad. In order for the Romans to invade and conquer other provinces they had to spend heavily on their legions. The Roman armies and supply lines became over-stretched resulting in thousands of soldiers being recruited and deployed from Rome into other territories as invaders or defenders. They also depended on soldiers to defend the borders of the lands they had conquered from barbarian attacks which resulted in the increased manufacturing of weapons and more money being spent on soldiers. High military spending left the Romans with very limited resources for other essential government projects such as the building of more public houses and the development of roads and aqueducts as well as leading to inflation. The over-expenditure on the military led the citizens of Rome to refuse the policies and laws enforced by the government and riots were commonplace in Rome during its last century. Due to the Roman citizens growing distrust of the Empire less people volunteered to join their armies which forced the military to hire common criminals and non-Roman mercenaries. The government raised taxes to aid their military expenditure which added to the low morale of the Roman population with every citizen losing a third of their weekly wage. The money raised to spend taxes was wasted on soldiers who constantly had to be replaced until the Romans could no longer afford to send large garrisons of troops abroad leaving their own borders poorly defended and vulnerable to attacks. The non-Roman mercenaries were too proud to serve a weakening empire and they began to conquer parts of the Empire as the Romans were unable to afford to send detachments and reserves to reclaim these areas. The city of Rome was left very poorly defended due to the deployment of troops to other provinces within the Empire which were defeated and taken by the barbarians making it considerably easier for them to conquer Rome. In order to ensure their loyalty, the wages of the soldiers were doubled and they were often promised discharge payments such as land or money. The military also spent loads of money on the transport of food and grain to ensure their soldiers were fed, horses were also vital, the roads and bridges needed to be repaired constantly and weapons also needed to be manufactured. The Romans believed that luxury interfered with discipline and failed to see that the soldiers would begin to live a more lavish lifestyle with the money they were promised. When the Romans spent their gold and silver in order to expand they failed to conquer any lands that would replace their depleted mines.

Another main cause leading to the demise of the Roman Empire was the dependency of the use of slave workers. The number of slave workers increased dramatically during the first two centuries of the Roman Empire. Rome’s dependency on slave labour led not only to a decline in morals, values and ethics but also the stagnation of new machinery to produce goods more efficiently and productively. The Romans were never short of slaves and treated them very sadistically which caused the slaves to revolt leading to a string of conflicts called the Servile Wars, the most famous one being the charge led by the gladiator slave, Spartacus. Common farmers who had to pay their workers could not afford to produce their goods at low prices and slavery was an ideal way to lower expenditure which saw a rapid increase in unemployment. During the last few centuries of the Roman Empire there was a massive rise in Christianity and the attitudes of slaves were changing and they were becoming socially accepted. Many of the slaves that Rome depended on were being freed lowering the production of goods and weapons, forcing the government to hire workers to be paid for a lot less work. The dependency of slave labour led to the Romans technology becoming inferior for the last 400 years of the Empire. They ultimately failed to provide enough goods for their increasing population and troops. They also failed to discover new ways of developing their technology or add to their income when invading other lands.

Political corruption was widespread throughout the Roman Empire but particularly in Rome and within the upper ranks of the Praetorian Guard. The superiority of the Praetorian Guard, which consisted of the most distinguished and decorated soldiers within the empire and personal bodyguards and counsel to the Emperor, led to the majority of the political corruption in the empire and grew to such an extent that the Praetorian Guard held secret meetings to conspire to overthrow the Emperor and to decide on who they saw as a suitable replacement. When the Emperor Tiberius was overthrown the Praetorian Guard auctioned the throne to the highest bidder for 100 years. Political corruption also led to many civil conflicts within the Roman Empire. The Romans failed to develop a suitable system to determine who the new emperor would be, unlike the Ancient Greeks before them who held elections. The decisions were made by the Senate, the Praetorian Guard and the army but in the end the Praetorian Guard had complete authority to choose the mew emperor who was often the person who offered the best reward to the Guard. For the majority of the 3rd century the title of the Emperor changed 37 times with 25 of them being removed by assassination and this contributed to the overall weaknesses, decline and the fall of the empire.

There is no definitive reason as to why the Roman Empire collapsed, if there was to be one defining factor I believe that the over-expenditure on military expansion as it put strain on the Roman government as it cost them many economic and military casualties as they were losing a load of money hiring soldiers to invade and often replace them when they died without gaining from the lands they conquered. In my opinion, this is the major factor pertaining to the collapse of the Roman Empire. The political corruption allowed the Praetorian Guard to be above the law and announce whoever they wanted as Emperor regardless of whether they were capable of the task. The dependence on slave labour caused high unemployment and the stagnation of technology for the last 400 years of the Roman Empire. The Roman Empire is said to have completely collapsed when the German barbarians overthrew the last Emperor, Romulus Augustus in 476 and introduced a more democratic form of government which was very short-lived.

Consent and its influence on Nursing Practice

This assignment will discuss consent and how it influences nursing practice in my area of study, which is adult nursing. According to the Nursing and Midwifery Council Code of Conduct (NMC, 2008), states that healthcare professionals must presumed patients to have the mental capacity to accept or refuse treatment after being given information on their treatment. However there may be instances where healthcare professionals will treat patients without their consent, for example in an emergency situation where the patient is unconscious and lack of the mental capacity to make an informed choice. Treatment in this situation can be given in the patient’s best interest. The assignment will define what meant by consent and highlight its importance to the nursing profession. Furthermore, it will draw comparisons and highlight the differences between the adult and mental health nursing fields. Issues of culture and diversity will be address.

Definition of consent

Consent can be defined as the process in which a healthcare professional gives his/her patient correct and truthful information about their treatment and allowing them to make an informed decision without any convincing or fraud (Dimond, 2009). Consent is respecting individual moral and legal rights by giving them independence and freedom to choose what they want (Thomson, 2010). The Royal College of Nursing(RCN) states that, it is essential to good practice that every patients have the right to access information about their condition and the information must be simple and easy to understand and also this information should be correct and honest (RCN, 2013). Department of Health (DH, 2001) defined consent as allowing a competent person to make a decision on their treatment without any pressure or guidance from health professionals, friends, and families, when they have received enough information to make such decision.

Importance of consent in adult field

It is legal and ethical principle to seek valid consent before starting treatment or providing essential care for a patient. This will shows the patient’s right respected and that is a good fundamental part of good practice (McHale, Tingle 2007).A healthcare professional who does not respect this principle may be liable both to legal action by the patients and principle action by their professional body. Their employer also be accountable for action of their staff (DOH, 2001)

Human Right Act in article 3 state ‘prohibition of torture’ it means no one shall be subjected to torture or to inhuman or degrading treatment or punishment Human Rights Act (HRA, 1998). In addition, in common law touching a patient without valid consent may create the civil or criminal offence of battery (common law). Any employee who is not follow the legal principle relating to consent to treatment will face criminal, civil, professional conduct and disciplinary action (Dimond, 2009).

In article 14 Human Rights Act state’ prohibition of discriminations’ health professional should not judge their patients on any ground such as sex ,race colour language religion, political or other opinion, national or social origin, association with a national minority, property ,birth or other status. Compliance with the Human Rights Act is largely reflected in existing good ethical practice, but all health practitioners should be aware of the Human Rights Act and ensure that they act with it (DOH, 2001).

Health professionals should explain the nature of treatment in details as long as it has been explained in aspect the nature of touching will not arise action in trespass (Griffith, Tengnah 2010). For example when a patients believed that she was having a routine post-natal vaccination. In fact she was given the long acting contraceptive Depo-Provera. If health professionals give false and misinformation to the patients consent will be invalid and responsibility in trespass will arise (Griffith, Tengnah 2010).

Influence of consent to the nursing

The NMC Code Conduct states nurses must advocate people’s rights to be fully involved in decisions about their care. It is important to give adequate information to enable them to accept or refuse their treatment. Also the NMC code states ‘You must respect and support people’s rights to accept or decline treatment and care.’ If a patient feels the information he/she received inadequate. He/she could lodge a complaint to the NMC or take legal action. The majority of legal action are based on the allegation of negligence because of this nurses must ensure share information with people in a way which they can understand and want to know about their health (NMC, 2010).

It is a fundamental aspect of patient management to seek consent before treatment. It is not only about applying procedures. It is also about information given to the patients to make valid and inform consent (Lake and Harvey 2008). Patients can give consent to treatment through various means, example, it can either be through verbal, written or implied. On the other hand, patients have the right to refuse or withdraw consent in the same way (RCN, 2011). In most cases Implied and verbal consent will be enough evidence but written consent should be obtained in the case of risky, complex and lengthy treatment (Dimond,2009).The discussions that occur between health professionals and the patient before they consent or refusing treatment should be recorded (NMC 2010). There are the duty to seek consent before any medical intervention under National Health Service (NHS) contract of employment, the NMC Code of professional Conduct and the duty under the law (Griffith and Tengnah, 2009).

According to the (NMC 2008) Code of Conduct nurses have three over riding professional responsibilities to ensure that patients understand their options to help them make an informed consent. They should put care of patients their first concern make sure seek consent before any medical intervention or care. As process showing consent is hard nurses should determine a crystal clear level of professional accountability. They should record correctly any discussions and decisions when obtained consent (RCN, 2011). For instance after the doctor has spoken with the patient, ask them open ended questions to ascertain their understanding. (What did the doctor tell you about the procedure?) If the nurse thinks there are unanswered questions or she/he thinks the patient has misconceptions about what they were told, it is the nurse responsibility to alert the doctor prior to them signing.

A competent patient should not treat without consent. It is clearly because protecting their autonomy and their bodily integrity. The law in the UK states all competent adults have the right to refuse medical intervention and care, even though they have nonsense and unacceptable reason for it and health professional must respect their decision (Jackson, 2010). If a patient admitted to hospital as conscious and the capacity to make the decision is lost the health professional only act the best interest to the patient (Brown, et al 2009).

Mental health and consent important

Every patient must be presuming to have the capacity unless this is evidence proof their lack capacity (jones, 2012). The Mental Health Act 2005 provides the legal framework for acting and making decision on behalf of individual who lack the mental capacity to make particular decision for themselves (Brown et al, 2009). Anyone who work with and/ or caring for an adult who may lack capacity to make a specific decision must comply with this Act when making decisions or Acting for that person. The same rules apply whether the decision is life changing events or everyday matters (Jones, 2012). The Mental Capacity Act 2005 section 5 state health professionals who provide care or treatment to the patient should take reasonable step to check patient’s capacity. Make sure lack of capacity is relation to the matter and act best interest to the patient. Failure to comply with the act procedures bringing a criminal law prosecution against a nurse or other health professional (Dimond, 2009).failure to obtain consent to treatment may amount to the crime of battery or negligence a common law offence (jones2012).

Those people held under mental health legislation the principle of consent continue to apply for condition not related to the mental disorder. Nurses who are involved in the care or treatment of patients detained under the relevant mental health legislation, must ensure that they are aware of the circumstances and safeguards needed for providing treatment and care without consent (NMC, 2011)

The similarity between Adult and Child branch

In both Adult and Mental Health settings seeking consent is part of a respectful relationship, regardless of the patient’s age, gender, culture, background and race. Therefore, consent may be withdrawn at any time, even after signing a consent form.. Another similarity is that when asking consent the healthcare professional has to identify whether the person is able to understand what is being said and the person’s state of mind. This is where patients are competent and free from mental illness. Communication difficulties may arise if a patient’s first language is not English, or with those who are deaf. In a case where a patient is deaf, the healthcare professional would have to communicate with them in sign language. Gaining consent is a way to promote the health of patients. In term of life and death the healthcare professional must act kindly and considerately for the child’s health if they are unable to get in touch with child’s parents. (Department of Health 2003)

CONCLUSION

Seeking consent is something that is important in the healthcare sector. It is important that all healthcare professionals realise the importance of following the procedure at all times as otherwise there can be legal implications. Respect on behalf of both patient and professional should lie at the heart of every decision taken. Clarity of explanation is important in order to allow the patient or someone acting on their behalf, to make an informed choice. Those involved in healthcare have a serious responsibility in ensuring that the information they offer patients is factually accurate and takes into account any differences in opinion, race, religion age or other factors. Consent increases patients’ power to make an informed choice about their situation and treatment and puts safeguards in place for both the professionals and the patient involved which should lead to the best course of action.

Inside the mind of a serial killer: college essay help near me

People become serial killers for many reasons. Serial Killers are people with three or more separate events with an emotional cooling off period between homicides with each. (Schechter and Everitt, 69). Serial Killers are the most frightening psychopaths because they do not reveal any of the basic human emotions-empathy, conscience, or remorse (Schechter and Everitt, 179). According to Schechter and Everitt, authors of the A-Z Encyclopedia of Serial Killers, Serial Killers tend to be Caucasian males who kill white victims. Their studies have shown that 84% of serial killers are Caucasian, 90% are males, and 89% of the victims are white. The most common type of serial killer is the Lust Killer, who kills to sexually stimulate themselves. The more they torture a victim, the more pleasure the serial killer receives (Wilson & Seaman, 1983, 27).

Although serial killers are well known today, they originated as far back as ancient Rome. Serial killing first started when the Roman Emperor Caligula tested torture and perversion on his prisoners. Most people believed that first modern era serial killer was Jack the Ripper, a man who killed five London prostitutes. Serial killing did not become well known until the post-world war II. By the 1970’s, serial killing had become such a problem that law enforcement officials needed to define the new crime category (Schechter and Everitt, 115). Most serial killers situate in the United States. The United States is the home for 76% of the world’s serial killers (Schechter and Everitt, 276). Although serial killers are increasing people still wonder why these monsters have such psychopathic behavior.

Many people wonder what causes the disturbing behavior of serial killers. Most criminologists believe the theory that traumatic childhood experiences lead directly to the behavior of serial killers. The “Homicide Triad”, which is the traits of a serial killer when they are a child, is the key factor in the development of serial killers. The “Homicide Triad” that includes bed-wetting, arson and animal torture as a child, is one of the most common traits of a serial killer (Newton, 2000, 101).

The triad is made up of fire starting, bed-wetting, and sadistic behavior. One of the important and most common parts of the “homicide triad” is arson. John E. Douglas, a psychological profiler, believes that the future serial killers are arsonists because of a “fascination due to their fondness of spectacular destruction” (Schechter and Everitt, 282). He concludes that a serial killer’s fascination for destruction increases as they get older and they turn to murder to satisfy their need for destruction. Sadistic activity, bed-wetting, and fire starting are common threads among serial killers that support the theory that childhood experiences relate to psychopathic behavior. Besides the three symptoms of the “Homicide Triad,” another common denominator in the childhood of a serial killer is sadistic daydreaming (Newton, 2000, 101).

Another problem serial killers faced as children was Sadistic daydreaming. These daydreams were usually of sexual and violent nature. A psychology professor at Luther College, Jeremy Anderson states, “Future serial killers have sexual fantasies as children to help control their fear and it is a way to relieve hostility and aggression towards others” (Horse, 2001, 1). A child uses sexual fantasies as a form of escape from an abusive situation. Their daydreams as children allow them to become in control of themselves, others and the world. They also use sexual fantasies to fulfill the love they never received (Horse, 1). For example, kicking a dog so the animal would listen to them or beat them or beating and/or killing their parents are all common sadistic daydreams of serial killers as children (Horse, 1). Sadistic daydreaming as children is the leading cause of serial killers.

Many studies have shown that more than 82% of serial killers have had a problem with excessive daydreaming as children (Horse, 2001, 2). Their sadistic daydreaming as children influenced them as adults to act out their fantasies. Serial killer Ted Bundy carried knives around with him at the age of three due to his fantasies of controlling people with knives (Mukherjee, 1998, 1). He used knives on at least fifty women when he was older and each victim was a substitute for his mother whom he daydreamed about killing numerously but could never follow through with it. Although sadistic daydreaming as a child can lead to serial killer behavior, the most common denominator of serial killers is abuse as a child.

Most serial killers undergo many forms of abuse as children. Sexual, psychological and physical abuse as a youngster fills a child with hate and self-loathing that torments a child to become vengeful towards others for their own troublesome family backgrounds. More than 43% of serial killers were sexually molested as children (Schechter and Everitt, 293). Serial killer John Bartsch was bathed by his mother in Germany until he was eighteen years old. His mother would clean his private parts that would sexually stimulate him. This mental abuse caused Bartsch’s psychopathic fantasies, which lead to the killing of his victims. More than 74% of serial killers were subjected to continuous psychological torture as a child (Schechter and Everitt, 293). Bartsch’s mother screamed and threatened him numerous times of cutting off his penis, which lead him to his fear of his sexuality. FBI findings prove that over 42% of serial killers have suffered severe physical abuse (Schechter!

and Everitt, 293). John Bartsch who was exposed to sexually and psychological abuse was also exposed to physical abuse. Bartsch tells psychologist Paul Moor, “She’s broken more than one wooden cloth’s hangar across my back.” Bartsch traumatic childhood experiences prove how abuse as a child leads to serial killer behavior later in life.

The development of a serial killer comes directly from their childhood experiences. Most serial killers display at least one of the “Homicide Triads,” adolescent bed-wetting, arson or sadistic activity. This connection between serial killers as youngsters supports the theory that childhood experiences lead directly to psychopathic behavior of a serial killer (Horse, 2001, 2). Parents and other role models need to look out for these symptoms and get psychiatric help for their children. Crimes as youngsters should not only be punished, but also analyzed by a professional for the deeper reasoning behind their behavior. Too much daydreaming as a child, especially those of sexual or violent nature is used to escape the realities of life. Relatives, teachers, and friends should be more involved in the child’s life so that the child does not have as much time to daydream (Horse, 3). The adults should become more involved in the child’s life so that they could realize that their child has a problem and seek professional help before the problem progresses any further. Child abuse scars a child and causes hate towards others to develop. The pain afflicted upon serial killers as children sexually, emotionally, and physically, causes them to take vengeance out on others for their troubled childhood. If people in he community take action and report child abuse instead of not getting involved, the hatred developed from the abuse might stop, and allow the child a chance at regaining a normal life.

For the most part the childhood of serial killers paints a little picture of the causes of serial killers. There are also theories, hypothesis, and approaches to why these serial killers murder people the way they do. Most of these theories have something to do with child abuse, but they are different development and psychological approaches to serial murder. In the following pages, there are different beliefs of why serial killers kill. As we all know science is always experimenting and the following pages should not be taken as fact.

The psychodynamic theory has a few different views. One view invokes the Freudian concepts of unresolved sexual conflict, maternal over-protection, or outright rejection, in explaining serial murder. Other opinions describe how the murderer’s guilt from childhood prevents him from full sexual satisfaction, and that he must inflict suffering to the point that his victim is forced to “forgive” him. Some of the serial killers, such as Jeffrey Dahmer, has the belief that having sexual intercourse after the person is dead is more attractive because the corpse cannot reject him, is never unfaithful, and makes no sexual demands (Schwartz, 1992, 82). Furthermore, it may be that the serial murderer is “creating” something by murdering, which overcomes feelings of inadequacy and inferiority. The taking of trophies from the victim or recording the act in a book may serve to remind the serial murderer of his “creation.”

The hatred of a significant female have also been reported by many serial killers (usually is the mother). Ted Bundy’s victims closely resembled a woman he was engaged to and then was dumped by. Some psychologists also believe that mutilations are a wish for the killers to re-enter and explore the mother’s body. This also goes back to the childhood of the serial killers. The hatred these killers have for their mother has to be linked to some type of abuse they were exposed to as a child (Wilson & Seaman, 1983, 6).

The frustration/aggression hypothesis was also derived from Freud. He believed that aggressive energy build-up must be periodically released before it reached dangerous levels. If it were not released then it would lead to certain acts like serial killing. Others believe that such frustration dissipates naturally without violent acts, and that the theory cannot help in explaining serial murder (Horse, 2001, 5).

The development approach is what I talked about at the beginning of the paper. I am going over this theory repeatedly because this is what I believe makes these monsters and I think it can be stopped. This approach goes into more depth about the childhood symptoms. This approach talks about the childhood behavior of bed-wetting, arson and torturing of animals. The bed-wetting is said to be a form of sadistic and hostile rebellion towards parents. Fire setting is associated with violence and torturing animals is a further form of rebellion against keeping pets as cherished friends (Mukherjee, 1998). Physical abuse as a child also plays a prominent role in the development of a serial killer. This abuse creates mistrust, an inability to establish meaningful personal or sexual relationships, feelings of low self-worth, lack of social skills, a sense of helplessness, inability to make decisions, and inability to plan life goals. The sexual abuse will make a person withdrawal into a fantasy life. To protect themselves from going crazy, the people being abused may pretend that the abuse is actually happening to someone else. After a person is abused so long, their fantasy world becomes reality and the killings could start.

The personality approach to serial killing is a broad topic that holds many controversies. Aside from psychopathic personality disorder, other personality traits have been identified as contributing to serial killer behavior. Traits of impulsiveness, low empathy and poor social skills have been found in serial killers. Others traits such as antisocial behavior, and hypersensitivity to criticism come from the serial killers with low self-esteem (Horse, 2001, 2). If intelligence can be associated as a personality variable, then average to high intelligence is likely to assist a serial killer in avoiding police detection and capture. This might explain why such levels of intelligence are found in serial murderers and it takes so long for law enforcement to finally track these killers down (Mukherjee, 1998, 7). The role of personality in the study of serial killers is an area of continuous debate. The proper testing of serial killers has yet to be done and seems to be the only way to find out for sure.

The last approach I am going to mention is the addiction approach. The title to the approach is self-explanatory but holds certain interesting aspects to it. The theory to this approach is the same as an alcoholic. This also goes with the frustration/aggression hypothesis, with the person feeling discomfort between offenses and then being cured of that discomfort when a kill is made. In between killings, the killers grow that need for the kill. After a kill is made they have that feeling of calmness (this calmness could give the person a feeling of at ease and the ability to sleep). As with the addiction to pornography and sex, the serial murderer may be addicted to his peculiar activity. This addiction could be the reason for why they kill so many people (Mukherjee, 1998, 6).

With all the studies and research that has been done on serial killers there should be some warning signs before it gets to the point of killing. This society is made up of many different levels of society and not all people pay close attention to family and friends. The future killer should receive counseling to help them recuperate from the abuse and the child’s violent behavior would not develop. If society became involved and made sure that each child was loved and treated well, many lives would be saved in the future. The bottom line of this paper is that serial killers develop as children because of the abuse they receive. Traumatic childhood experiences all lead to the development of the most frightening psychopath of all-The Serial Killer.

Bibliography:

Abrahamsen, D. (1992). Murder & Madness. : .

Horse, D. (2001). Mass & Serial Murderers. : Dark Horse. Retrieved from the World Wide Web: www.crime library.com

Mukherjee, R. (1998). . : . Retrieved from the World Wide Web: http://killersdomain.virtualave.net

Newton, M. (2000). Encyclopedia of Serial Killers (1st ed.). New York, NY: Checkmark Books.

Schechter, D. & Everitt, D. (1999). A-Z Encyclopedia of Serial Killers (1st ed.). : .

Schwartz, A. E. (1992). The Man Who Could Not Kill Enough (1st ed.). : Carol Publishing Group.

Wilson, C. & Seaman, D. (1983). The Encyclopedia of Modern Murder 1962-1982 (1st ed.). New York, NY: G.P. Putnam’s Sons.

Recruitment and Selection and Training: college admission essay help

Essence to Employees and to the Organization

Recruitment and selection as well as training are processes that bring together organizations and human resources. Recruitment and selection in particular, provide the window through which organizations gain access to willing and able human resources, the same way as job applicants gain access to the organizations of their choice. On the other hand, training provides the avenue by which organizations develop and harness talents for strategic purposes and in the same manner by which human resources learn and enhance skills and capabilities for personal growth and development. Essentially, both the organization and the employees benefit from these processes. In this regard, this essay seeks to discuss how organizations and employees see recruitment and selection and training. More specifically, this essay aims to examine and explain how useful these processes are from the perspective of the individual employee and the organization.

From the organization’s point of view, recruitment and selection are vital tools in attracting and gaining access to the best talents in the labor market. It should be noted that the ability of the organization to compete in the market depends largely on its workforce, as the workforces are: sources of ideas and concepts that form the foundation in creating new products and services; the hands that work to create new and innovative products and services; and also the organization’s emissary to the customers and other external partners. Given the strategic role of the workforces in developing competitive advantage, organizations today are not only competing in the product market but as well as in the labor market (Bartlett and Choshal 2002). According to Bartlett and Choshal (2002), organizations have evolved in a manner by which the human resources have been viewed as strategic resources that are central in developing competitive advantage. In view of the increasing competition in the labor market, organizations rely in large part on the human resource function to do the part and this is when recruitment and selection strategies are employed.

Focusing more on recruitment, Lievens, Van Dam and Anderson (2002) noted that effective recruitment strategies provide a means for organization to build a large pool of qualified talent from which to choose the best talent among the bests. Basing their assumption on a study conducted on public organizations, Lavigna and Hays (2004) claimed that organizations can choose from among a rich list of recruitment techniques that would help strengthen their competitiveness in the labor market. Consequently, Devaro (2005) noted that the choice of recruitment strategies determine the quality, size, and arrival of speed of the recruits. Moreover, Devaro (2005) elaborated that in selecting the best recruitment technique, the usual In view of Devaro’s (2005) assertion, identifying the appropriate recruitment approaches and strategies may be considered crucial.

In relation, Henkens, Remery, and Schippers (2005) identify commonly used strategies, which may be enumerated as follows: firstly, active and informal recruitment approaches, which include scouting fresh talents from universities and educational institutions, utilizing social networks of current workforces, such as the employee referral program, offering on-the-job trainings or apprenticeship, and conducting job fairs; secondly, online recruitment techniques, which include posting job advertisements on the company website, accessing curriculum vitae databases and career sites, and placing banners and links on-line; finally, formal recruitment techniques, which includes recruiting applicants from formal channels, contracting the recruitment process, and print advertising.

From the workforces’ perspective, recruitment attempts of the company, such as on-line job ads, job fairs and all other recruitment techniques, serve as a portal through which workforces enter the organizations of their choice. The job ads for example provide the initial link between the applicant and the target organization. More importantly, Lavigna and Hays (2004) noted that without legitimate and transparent recruitment systems and processes, privileged groups would more likely control the hiring system. Resultantly, job applicants will not have equal chance of being hired.

With regards to the selection process, Llorens and Kellough (2007) asserted that the ability of the organization to employ highly-qualified and effective workforces depend, in large part, on the manner in which selection is performed. Therefore, the selection process plays an important role in ensuring that the organization hires only the best talents in the market. Generally, the primary goal of the selection process is sift and eventually determine the best candidate from a pool of qualified applicants. In relation, Robertson and Smith (2001) noted that in choosing the selection tools and approaches, it is important to pay attention to the ability of selection tools to predict future job performance.

Among the commonly used selection tools are the structured interview, employment background checking, and the psychological tests. The structured interview in particular, are conducted to systematically screen candidates based on a set of pre-determined criteria or attributes (Hallwood 2009). Background checking on the other hand, is conducted to eliminate undesirable candidates (Randall and Randall 2001). Furthermore, Randall and Randall (2001) claimed that employment background checking is a simple and inexpensive in nature. Meanwhile, psychological tests are also conducted to objectively assess the skills, abilities, behavior, aptitude, and attitude of the candidates (Randall & Randall 2001). Through these selection tools, the organization could structurally determine which among the applicants qualify for the position, in a manner that would limit the chance of hiring inappropriate candidates.

For the employees on the other hand, selection techniques, such as structured interviews, employment background checking, and psychological tests, provide equal chance of getting selected for the position. With the formal selection techniques and approaches, all applicants for the job get equal opportunity in getting hired, as all candidates will be required to undergo the process. Generally, potential employees see the selection process as a systematic and objective way of selecting the best candidates as bias and prejudice are prevented. In the absence of a formal selection process, privilege groups will be given the freedom to position the candidate of their choice regardless of qualifications and capabilities. But with a formal selection process, privilege groups are prevented from interfering with the selection process. Ultimately, candidates would feel that they were given equal chances of being hired.

Furthermore, a formal selection process provides a way for job applicants to build their self-esteem. Knowing that they would be competing with other candidates, job applicants tend to see the selection process as an opportunity to prove their potentials and skills. Through the selection process, applicants get the chance to prove themselves worthy of the position and in the process build confidence and a stronger personality. In interviews for example, workforces get the chance to express their thoughts and views and in the process show their communication and interpersonal skills. Consequently, these experiences allow individuals to explore their skills and potentials and at the same time develop self esteem.

Going now to training, organizations normally see the training process as a systematic approach to developing and enhancing the skills and capabilities of the workers in a way that would add value to the organization. According to Gerber (2000) the complex nature of the business in the twenty first century calls for highly qualified and competent workforces. Furthermore, Gerber (2000) claimed that work has become more demanding and requiring for a ‘smarter’ workforce. Consequently, the organization may respond to these external pressures by harnessing the skills and capabilities of the workforces, which may be achieved by designing and facilitating training programs for the workforces.

Fundamentally, effective training programs and approaches would guarantee that organization’s workforces are equipped with the appropriate knowledge and information to efficiently perform their tasks (Acton & Golden 2003). Subsequently, trained and efficient workforces tend to produce better results than workforces that have not undergone training. Resultantly, overall productivity and efficiency may be improved and sustained on a long-term basis. Moreover, organizations also rely on training to cascade new initiatives. For example, organizations attempting to introduce new concepts, such as total quality management (TQM) and other programs tend to conduct training sessions to introduce the new concept to the members of the organization. In addition, organizations extract benefits from conducting trainings among staffs. Acton and Golden (2003) explained that providing training opportunities to employees help in: increasing employee satisfaction; increasing sense of belongingness and benefits; improving employee commitment to the organization; updating of skills; and strengthening the organization’s competitiveness. In relation, commonly used training techniques include audio-visual based training, computer-based training, electronic performance support system, and the distance, Internet-based training (Acton and Golden 2003). Organizations normally use a combination of these approaches to enforce learning.

From the perspective of the employees, the training process is beneficial as it allows employees to refresh existing skills and more importantly learn new competencies and knowledge (Baldwin-Evans 2004). Primarily, training helps employees improve skills and knowledge that are necessary for personal as well as professional growth. By maximizing training opportunities, employees tend to become more competitive and competent, which helps in increasing the market value. It would be important to consider that training helps employees develop new competencies and expertise, which are determinants of market value, as well as compensation and other incentives. In essence, highly competent workforces expect higher salaries or compensation, as this kind of workers are highly demanded.

Recruitment and selection and training are organizational processes that could benefit not only the organization but also the workforces. The recruitment process for instance benefits the organization given that the process helps in attracting the best talents in the market. On the other hand, the recruitment process also benefit the workforces, given that recruitment initiatives serve as the portal through which applicants gain access to the organization of their choice. With regards to the selection process, organizations benefit from the process, as selection techniques and approaches allow organizations to hire only the best talents. Similarly, workforces benefit from the selection process, as it provides a systematic and structural means of selecting the best candidate without bias and prejudice. As for the training process, organizations benefit from the process, as effective training programs and approaches guarantee that organization’s workforces are equipped with the appropriate knowledge and information to efficiently perform their tasks. It should be noted also that trained and efficient workforces tend to produce better results than workforces that have not undergone training. Training also benefits employees as training programs provide a way for skill and knowledge enhancement, which are vital for personal and professional growth. Furthermore, training helps employees become more competitive and competent, which are determinants of market value as well as compensation and incentives.

References

Acton, T & Golden , W 2003, ‘Training the knowledge worker: a descriptive study of training practices in Irish software companies, The European Journal of Industrial Training, vol. 27, no. 2/3/4, pp. 137-146.

Baldwin-Evans, K 2004, ‘Employees and e-learning: what do end users think?’ Industrial and Commercial Training, vol. 36, no. 6/7, p. 269.

Bartlett, C & Choshal, S 2002, ‘Building competitive advantage through people’, MIT Sloan Management Review, pp. 34-41.

Gerber, R 2000, Training for a smart workforce, Routledge, New York.

Henkens, K, Remery, C & Schippers, J 2005, ‘Recruiting personnel in a tight labour market: an analysis of employer behaviour’, International Journal of Manpower, vol. 26, no. 5, pp. 421-436.

Lavigna, R & Hays, S 2004, ‘Recruitment and selection of public workers: an international compendium of modern trends and practices’, Public Personnel Management, vol. 33, no. 3, pp. 237-254.

Lievens, F, Van Dam, K, & Anderson, N 2002, ‘Recent trends and challenges in personnel selection’, Personnel Review, vol. 31, no. 5, pp. 580-601.

Llorens, J & Kellough, E 2007, ‘A revolution in public personnel administration: the growth of web-based recruitment and selection processes in the Federal service’, Public Personnel Management, vol. 36, no. 3, pp. 207-222.

Randall, J & Randall, C 2001, ‘A current review of hiring techniques for sales personnel: the first step in the sales management process’, Journal of Marketing Theory and Practice, vol. 9, no. 2, pp. 70-83.

Robertson, I & Smith, M 2001, ‘Personnel selection’, Journal of Occupational and Organizational Psychology, vol. 74, no. 4, pp. 441-473.

Globalisation has benefited everyone

Title: Globalisation has benefited everyone. It helped all the people to increase their living standards, brought advantages to organisations and businesses and enabled economies to develop.” Discuss

Introduction

We live in a self-regulating world. Countries are influenced by the economic health of other countries and by their governments’ policies. Problems in one part of the world can spread to other parts of the world. There many major issues in which the development of globalisation affects individual economies to begin with they can affect economies through financial markets and secondly they can also affect the economy through trade. Over many years countries have established communication progressively. In recent times, the speed of global integration has considerably improved. There have been enhanced changes in communications, transportation, and computer technology have given the process new movement and made the world more interdependent than ever. Multinational corporations produce goods in many countries and sell to customers around the world. Money, technology and raw materials move ever more swiftly across national borders. Along with products and finances, ideas and cultures circulate more freely. As a result, laws, economies, and social movements are structuring at the international level.

Advantages of globalisation

There are many advantages when considering globalisation its has increased trade between nations which is a benefit because it means there is an increased level of liquidity of capital this allows investors from poorer parts of the world (developing countries) to invest in those countries which are well established and further developed. Globalisation means that there is increased flexibility for large corporations to operate across borders without restrictions. Another positive impact of globalisation is that the flow of communication between nations and corporations increase and vital information can be transferred more effectively and quickly.

Technology

With technology now getting more and more advanced it has been easier to communicate with anyone at any time. In recent times global news providers such as BBC Sky and CNN have expanded systems built around the 24 hour clock, with the news room moving between continents as the sun and daylight move around the world; this permits individuals to have 24 hour access to the news. The continuous nature of having the news available 24 hours a day as well as other large associations such as financial centres and global businesses means that opportunities are provided for individuals wherever they are located in the world whether its midnight in one country its 10 am in another which means global businesses are not controlled by time.

Culture

The development of globalisation has somewhat been also encouraged by a collection of cultures. For example, St Patrick’s Day is the celebration of the patron saint of Ireland. Yet in this day and age it is now celebrated by many other nationalities. Individuals from the UK, US and Australia also celebrate St. Patricks Day this could be due to the fact that many Irish have emigrated to other parts of the world but the main concern is that other parts of the world are more accepting and understanding of other cultures which assists with the integration of nations.

* Travel- increased international trade encourages the acceptance of other cultures. Travel makes it much easier for trialling with diverse types of food language and customs.

Disadvantages of globalisation

With advantages come disadvantages too. Globalisation can have negative effects and threats on nations. Firstly, the constant boosting flow of skilled to non-skilled jobs from developed to undeveloped nations as large organisations seem to be searching for the cheapest labour available. Secondly larger can have more of an influence when it comes to decision making which leave smaller poorer countries without a say; no equal opportunities.

Trade restrictions

In economics the law of comparative advantage states that economics should specialise in the goods that they are comparatively better at producing (Economic for business, 2007). Comparative advantage and the gains from trade are very influential arguments and provided many governments with a reasonable motive for freer international trade; a problem with comparative is that it raises economic output for the world which does not necessarily make improvements in the economic state of individual nations. E.g. In trading with the UK, if Germany decided to abandon car manufacturing and began to focus more on the production of T.Vs employees from the car manufacturing will be left jobless and will not be skilled in the area for manufacturing T.Vs so in this case German car makers will not find appeal to the comparative advantage. On the other hand with uncompetitive industries the government can be asked to provide protectionist measures; these are put into place in order to reduce the competitiveness of international rivals (Economic for business, 2007).

Non- Tariff barriers

Trade can be restricted in other ways by the government one of which is by a quota. A quota can control trade by limiting the amount of a product that can be brought in into a country for example; a copper quota may limit the importation of copper to 300 million tonnes a year. Due to the fact that a quota limits international supply the price is usually increased.

* Reason for protecting trade- Governments may wish to support an industry that has strategic value for example copper could be very important for China. The Chinese government would not like to see their economy depend upon another economy for copper; they also fear that future disputes may mean that the supply of copper is stopped.

At the outset, language is an evident barrier to good communication. Ordering new materials supplies in a foreign language may be done with no trouble with the help of a translator, but to make clear complex technical methods or setting up marketing plans and recruitment will oblige a considerable amount of understanding of traditions and laws that may be relevant. Secondly local laws may be significantly different of those from the original base. Labour laws may vary, trade unions may be tougher resulting in more company disputes; environmental issues may mean an increase in production cost to manufacture in a more environmentally friendly manner furthermore the most common downfall are import restrictions for example businesses operating in the EU, but from non-EU countries, are needed to source more than 70 per cent of their production inputs from within the EU. Thirdly input factors can have varying quality. Labour is a good example, basic numeracy and literacy skills varying across developed and less developed countries. These skills are crucial for training staff particularly those who require using a computer controlled machinery. Enhancing skills within the work force will be beneficial but organisations aim to cut time by taking the international company’s highly productive workers. Lastly well known global companies such as Nike have been heavily criticised for the exploitation of their workers this has a very big effect on their brand image and negative press means that they may lose out on potential shareholders.

Conclusion

After evaluating both sides for and against globalisation, globalisation has brought the world together and with time and with all the advance in technology I feel that nations will begin to interact more effectively and efficiently. International trading means that more consumers needs are met and the broaden of independence ideals to developed nations. Globalisation can be beneficial to many countries around the world because regional economic mixing means that there are concurrence between countries in a geographic region this lowers tariff and non-tariff obstructions to the free flow of merchandise, services, and issue of manufacturing between each other.

Word count: 1293

References

“Economics for business” 2nd edition (2007) David Begg and Damian Ward published by: McGraw- Hill Education pgs 319-348

“Economics” fourth edition (2000) John Sloman published by: Pearson Education Ltd pgs 725-741

Dark September Available at http://www.darkseptemberrain.com/ideas/advantages.htm

Advantages and disadvantages of globalisation (accessed 22.03.2010)

Global Policy available at http://www.globalpolicy.org/globalization.html (accessed 22.03.2010)

Living in the past present and future: college essay help

Some people claim that the living in the present can actually cause more harm than good. They say that in order to lead a productive and profitable life, one must study both the past and the future, the present is only a stepping stone. I think that this is quite the opposite. The past must be learned from, the future must be looked at, but the present is where things happen, where a person can make things happen.

In each persons time, he has the chance to make a mark upon the world. Each person can take his life into his own hands and decide what to do with it, how to mold it. These choices can often be hard to make. Frequently one’s opinions and choices are frowned upon by the establishment and by the majority. This must not let his faith and hope falter, he must strive to accept what he can not change, and change what he can not accept.

The world we know blazes past us every second. Our closest friends may soon leave forever, others may change, our old homes may be torn down to build a parking lot; yet time still marches on. I feel very strong that with guidance from our past and hope for our future we must live each day to its fullest, make each day more valuable than the previous. Life, love, and friendship are the most precious things on this earth, it is very important for each to find his true love and friends, and live his life with them to its fullest potential.

The past is just that, the past. There is nothing you can do about it except learn from it. In the last year I have spent countless hours contemplating what I could have done different to change the events that took place last October. The death of Jen Elliott, my friend, was the hardest thing I have ever experience in my short life. I would have given anything and everything to go back and change those events, and I still would. However, I have learned that there is nothing I can truly do, except learn from her and comfort her family. What I learned from her is that none of us know how long we will be here. We have to live each day like it is our last, because it may be.

The future, will always be the future. We have to set a goal as to what our futures will be and always keep that goal in sight. We mustn’t, though, let this goal take over our life. There will always be a future and a goal until the last minute. We have to take what we can now; be with our friends and family and care for them.

The past and the future are guideposts, beacons. They are not more. You can’t live in the past, you can’t get there. You can’t live in the future, you haven’t reached it yet. You must live in the present, or you haven’t lived at all.

The importance of therapeutic relationships in the delivery of care

A therapeutic relationship in the delivery of care could be viewed as the single most important factor when looking at the delivery of care and it’s effectiveness. What is a therapeutic relationship and why is it important?

It is a helpful and equal relationship between you and your client, Dougherty (2000) supports the theme that central to the therapeutic relationship is the patient, reliant on others to help them during a time of ill health. Hobbs (1994) describes the key characteristics of a therapeutic relationship as divided between patient and carer. The carer demonstrating respect, empathy, tolerance, self-awareness, good communication, always receptive and having confidence in her ability, maintaining a safe environment in which to work and care for her patient. The patient displaying trust and confidence in the carer, co-operation, an understanding of his treatment/illness, and the motivation to get well. In the majority of cases it is unlikely that a carer will care for one patient only, therefore each patient will have their own therapeutic relationship with the carer. As we are all unique individuals each relationship will be different, recognition of this by the carer, and adaptation to suit each patient’s holistic requirements is essential, thus contributing to individualised care for each patient.

Nursing is a caring profession, does this indicate that when caring for a person a therapeutic relationship exists automatically, or is it developed? Mallett (2000) suggests that health-care professionals have a special relationship with their patients, upon entering this relationship we assume certain special duties towards our patient, additional to those in an ordinary social relationship. It would for example be totally unacceptable to allow a stranger, or someone we know on a social basis to assist us with our toilet requirements, or see us in our nightclothes. It is the special features of this relationship, the therapeutic relationship, quite different from our normal everyday social relationships, which allow the intimacy and trust by which we permit a nurse to assist us. Bond (1986) believes nurses enter health-care with different motivations, one of the strongest being the desire to care for, and look after people. It is suggested that any person may be taught to be a good nurse. In my opinion a nurse gains clinical knowledge and experience from teaching, a good nurse has special attributes, which cannot be taught, but are a characteristic trait and part of personality such as empathy and sensitivity. It is these characteristics which are vital to the development of a successful therapeutic relationship. Many aspects of care together form a therapeutic relationship, communication, individualised care, maintaining a safe environment, the use of evidence based care, working as part of a multi-disciplinary team, promotion of rights and equality, self awareness and reflection. It is putting into practice these aspects of care, and developing a therapeutic relationship which identify a good nurse.

Individualised and holistic care are the notions at the heart of a therapeutic relationship. Buckle (1993) defines holism as “The concept of wellness and state of harmony between mind, body and spirit”. Holistic nursing aims to take care of all factors of health and illness, spiritual, physical, psychological and sociological. Pearson (1994) supports the view that holistic care treats the whole person, rather than just the symptoms of a disease or illness. A therapeutic relationship is helpful in promoting holistic care as assessment and care planning which occur as an integral part of the relationship, can be tailored individually to include all aspects of a person’s needs. Assessment could be viewed as the starting point in the therapeutic relationship. It is a complex and responsible process the ethics of which require us not to make assumptions or dismiss what our patient says. From assessment we can determine patient attitudes, spiritual and religious beliefs and values, we begin to discover their needs, the amount of involvement, and how much information they may wish to have in their care. When considering biological aspects of care it is essential to include factors, which may affect assessment, planning, and implementation of nursing care. The human body consists of an elaborate structure of cells and tissues, which combined make up our biological systems. Only when performing assessment do we look at the systems in isolation, for example Musculoskeletal system when assessing mobility, this assessment together with our psychosocial needs form the basis for holistic care. Assessment requires good communication and observational skills in order to formulate a complete and individual care plan.

Communication is perhaps the most important contributing factor in a successful therapeutic relationship; humans are social beings and spend a large part of each day communicating with each other. What exactly do we mean by communication? Schroeder (1999) suggests communication is any form of message, which has been sent, received and understood. Communication is much more than just the spoken word, it involves body language, facial expression, eye contact and hand movement, good communication is about listening to patients and understanding their fears and expectations. Nichols (1993) advocates effective communication as a “Positive contribution to an individual’s recovery by acting as a buffer against fear and confusion”. Garnham (2001) indicates the need to be aware of barriers to effective communication including making assumptions, and being aware of the environment. Both verbal and non-verbal communication are equally important, the tone and volume of our voice for example can indicate our pleasure or dismay, as can our body movements and touch. Our patient is the central focus whatever the situation, procedure or activity and we communicate from the first moment our patient enters the ward. Our biological body structure can be a barrier to good communication but often problems can be overcome, for example using a hearing aid to correct a hearing impairment. It is possible to communicate even when speech is difficult. Burton (1998) suggests that generally we use one of the three main models of communication, the Linear, Exchange or Contextualised model.

Whilst reflecting on my placement experiences I realised I had used the Linear model to communicate with a patient who had suffered a stroke, resulting in very limited speech, I felt guilty because I could not understand her. I began to dread answering her buzzer calls. How I would feel if the situation was reversed? Very frustrated with the words in my head not able to make myself understood. Instead of panicking I took time to really listen to the sounds she made, repeated what I thought she had said. If I was wrong she would use her good hand to demonstrate. By nodding and shaking her head eventually we would understand each other, I learned a great deal about good effective communication from her. Next time I am faced with a similar situation I will remember communication is more than just the spoken word.

Not all patients are agreeable and likeable and some may be particularly surly or ungrateful. It can be very difficult to work with such people, but as professionals we need to remember equality of care vital to our Code of Conduct as professionals NMC (2002), and also to the therapeutic relationship. It is easy to develop a relationship when faced with a likeable, co-operative person. What happens when we are faced with a difficult and un-cooperative patient, how can our therapeutic relationship develop, what strategies can we adopt to help it? Cava (1996) suggests a difficult person is one whose behaviour causes problems for you, or others. When coping with a difficult patient it is the behaviour we need to deal with. Behaviour revolves around communication; it is not about liking or disliking a patient but identifying behaviour and dealing with it. Communication is a two-way procedure, if we react negatively to difficult behaviour we are entering a vicious circle. As part of our therapeutic relationship we need to identify difficult behaviour and respond positively, actively developing our therapeutic relationship. Fein et al (1995) in his view of therapeutic communication suggests a communication model based on “rules” which may be used as a starting point for developing good communication. These encompass the virtues of respect, negotiation, honesty and individuality, all vital to a successful therapeutic relationship.

On my first placement ward one of the male patients was particularly disagreeable and hostile. He would complain constantly and frequently said “The nurses in this place are useless”. He made such a comment one day when I had just finished the patient drinks; I decided to ask him why he thought we were useless. He liked really hot weak tea, as he was in the end bed he was the last to be served and by then the tea was cool and strong. Perhaps normally this would have been a minor irritation for him, as a part of the therapeutic relationship with our patients we need to be aware of the little things which are all important. I always tried to make sure he had hot fresh tea, whilst it may not have totally changed his views, some of his hostility diminished and I did at least get a smile from him. On reflection I shall try to remember that tasks such as handing out food and drinks are important, to always ask how a patient likes their drink. When assisting with feeding make sure the patient is comfortable, the food is not too hot, ask which part of the meal they would like to eat, and not rush the process. Taking time, making the patient feel cared for, forms an important part of the relationship.

Nightingale (1859) believed the environment and its’ effects to be central to a patient’s recovery. Her model of nursing suggests “By improving the environment we aid the recovery”. The environment is central to comfort, is the patient comfortable in bed or when sitting in a chair? Do pillows need adjusting? Is the ventilation and lighting adequate? Two important elements of comfort are hygiene and sanitary requirements. We should encourage independence by patients looking after their own hygiene whenever possible, but when we carry out hygiene for them there are many things we should consider. We should ensure privacy, dignity, safety and self-esteem are always maintained, when we have finished leave the patient comfortable with all essential items, buzzer, spectacles, tissues etc. within easy reach. One of my first tasks on placement was to assist with a bed bath, I was horrified when the carer removed the nightdress and top sheet, leaving the elderly patient naked, cold and feeling vulnerable. We should place ourselves in a reverse situation and treat our patients with the respect and dignity we would expect. The same principles apply when dealing with sanitary requirements, from a patient perspective the most private bodily functions are being discussed and attended to by others, causing embarrassment and loss of dignity. A sensitive carer gives reassurance, is careful with body language, ensures the privacy, comfort and safety of the patient at all times. She makes sure the brakes are on when using the commode, the bed is properly screened, tissue and buzzer are within easy reach, and most importantly the patient is not left on the commode or bedpan longer than is necessary

Within a therapeutic relationship we need to be self-aware and also reflective practitioners. Being self-aware means not forcing yourself or your values onto others, we need to be conscious of our own character including our beliefs, strengths and limitations. Bulman et al (2000) instills the thought that to be self-aware is to know yourself, and this is the foundation upon which reflective practice is built. When reflecting we look back at ourselves in a certain situation and think how the situation has affected us, and how we may have affected the situation. Reflection forces us to attend to our feelings and attitudes, it helps us to analyse how we feel and in doing so hopefully learn from the situation and react differently next time we are faced with a similar situation. Keogh et al (1985) epitomizes reflection in terms of “Making use of positive feelings, and dealing with negative ones”.

The NMC (2002) states as part of its Code of Conduct “Act to identify and minimize risk to patients and clients”. There are many aspects to safety and maintaining a safe environment, (Roper 2000) illustrates the theory that our bodies naturally have their own safety and defence mechanisms, tears to protect our eyes, and skeletal structure for protection of vital organs for example, injury, disease or infection can reduce our natural defences. Maintaining a safe environment is not only about taking care of the physical and visual elements of safety, but also ensuring our natural defences are safeguarded and given the appropriate care when necessary. By doing so we show patients we care about them, they are important to us. A safe environment gives patients comfort and confidence; basic comfort is the main priority for patients upon entering hospital. Total comfort cannot be achieved without first ensuring safety, safety in hospital has many facets. The initial assessment is a vital part of developing the relationship and ensuring patient safety, it will ensure that comfort and hygiene needs are met, dietary requirements are adequate and assistance provided where necessary. Sanitary needs are documented, the first foundations for the therapeutic relationship have begun, daily interaction and further monitoring all build the therapeutic relationship. The nurse in her daily routine is paramount in ensuring safety, many daily tasks such as risk assessments, temperature and BP checks, pre theatre checks are all part of keeping our patients safe. The wearing of wristbands for identification, placing of wet floor signs as a warning or cot sides as a preventative measure, by ensuring a patient takes his drugs when they are distributed, or assisting with a walk to the bathroom, all are important safety measures. Bond (1986) employs the view that when in hospital patients are outsiders, everything is unfamiliar the system, building, language and daily routine. All of these factors can make patients feel vulnerable, for many people hospital is a place of fear associated with trauma, pain and dying. In making our patients feel safe we are addressing these fears and so developing the therapeutic relationship.

When on placement one of the things I noticed was how many elderly patients had a fear of falling, when assisting with mobility quite often “Please don’t let me fall” would be the starting point. As I began to feel more confident I would explain what I wanted them to do in order to help me maintain their safety, I learned to do this from the ward physiotherapist when assisting her, and observed her giving instructions bit by bit to build confidence. When considering safety we need to be acutely aware of our own limitations and knowledge and always work within them at all times.

In developing our therapeutic relationship we are assuring our patients we are doing our very best to care for them. In order to do this we need to look constantly at new research and changing methods. Evidence based care is a change in procedure, a new procedure based on evidence produced with statistics to prove it is safer or better way of working. McKenna (1999) promotes the view that it should be the accepted practice that health care in today’s society will automatically be based on best practice. However there are sometimes barriers to evidence based care, and not all of these can be removed by determination alone. When I was in placement I refused to “drag” a patient who needed to be moved, brushing aside the reasoning that the patient was only slight and would be easy for two of us to lift, insisting instead that we use a slide sheet. Research and evidence have shown that by using moving and handling techniques we protect not only ourselves from injury but also our patients. I felt it better to be unpopular for a short period of time than knowingly compromise safety. Our patients have a right to safety whilst in our care.

Everyone has rights, we may have different needs, but we all have the same rights. Ethics in nursing helps us to adhere to the principles when promoting rights and equality. Nursing ethics is about what nurses do in practice, how our actions are good or bad, right or wrong in their consequences. We work by the Code of Conduct and in our daily interactions with our patients we are promoting this Code, doing good not harm, being honest, listening, maintaining confidentiality and human rights. It is whilst we are doing all this our therapeutic relationship is developing, the complex parts fitting together, growing and strengthening the relationship. A simple example of upholding patient rights is the practice of asking before writing a patients name on the bedside board. Do we sometimes fail to promote rights and equality? Stockwell (1972) suggests that by labeling and stereotyping certain patients it can affect the care they receive. As the study is quite old it is possible to think that this could not happen in today’s modern care settings. I witnessed such an incident recently whilst on placement. A female cancer patient, HIV positive, was frequently distressed because of the amount of pain she was suffering. When you went to her room she would take your hand for comfort. When one particular auxiliary nurse took food or drinks to her she would literally “drop the food and run” when I asked her why she did this her answer “Because she touches me”. I saw this as discriminatory and contravening patient equality. We need to always be aware of our own views and prejudices and never inflict them on others, especially people in our care.

We work as part of a multi-disciplinary team and it is important for us to have knowledge and an understanding of the role each member plays, together with each other’s strengths and weaknesses. Good team working requires effective communication and cooperation, the whole team working together to achieve a common goal. Kenworthy (2002) advocates the need to understand how the team is made up remembering that each patient will have his own team. I was fortunate whilst on placement to attend a team meeting in preparation for a patient discharge. I had not appreciated the number of people who would be involved, social workers, physiotherapists, occupational therapists, district nurse, family members, I found it to be an interesting and valuable learning experience. I also witnessed professional argument within the multi-disciplinary team. A patient was medically fit for discharge, but the nursing team argued that socially intervening factors rendered her home environment as not considered safe for her biological well-being. Other members disagreed and felt that social factors were outside of nursing control. If we are truly giving holistic care then all factors need to be considered, and I felt the nursing staff were correct in their objection.

A therapeutic relationship develops as we care for our patient; we assess, evaluate and implement our care plan. We give thought to the patient as an individual, with rights and needs. We find the best method of communication and we aim for holistic care to treat the whole person. Caring is a team effort, about doing the very best for a person in your care, it is the therapeutic relationship which is at the heart of this care. Within this care safety is vital, safety is about thinking, anticipating and taking preventative measures, critical thinking is essential for safe practice. Critical thinking and evidence based care are essential elements of a therapeutic relationship. In adopting these we can assess, plan and implement the best course of action so that the most effective care can be given, holistic care. This is fundamentally at the heart of the therapeutic relationship and why it is so important in the delivery of care.

Word count 3,276

References

Bond, D., Keogh, R., and Walker, D., (1985) Reflection : Turning Experience into Learning, London, Kogan Page.

Bond, M., (1986) Stress and Self Awareness : A Guide for Nurses, London, Heinemann.

Buckle, J., (1993) When is Holism not Complementary? British Journal of Nursing, Vol.2, No.15, pp744-745.

Bulman, C., and Burns, S., (2000) Reflective Practice in Nursing, Oxford, Blackwell Science.

Burton, M., and Watson, M., (1998) Counselling People with Cancer, Chichester, John Wiley.

Cava, R., (1996) Dealing with Difficult People, London, Piatkus Publishers.

Cavanaugh, C., Montgomery, J., Morrison, F.E., Schroeder, R.E. and West, M.P., (1999) Improving Communication among Health Professionals through Health Education : A Pilot Study, Journal of Health Administration Education, Vol. 17, No. 3, pp175-198.

Cutcliffe, J., and McKenna, P., (1999) Evidence Based Practice : Demolishing some Myths, Nursing Standard, Vol. 14, No. 16, pp39-42.

Fein, E., and Schneider, S., (1995) The Rules, London, Harper Collins.

Garnham, P., (2001) Understanding and Dealing with Anger Aggression and Violence, Nursing Standard, Vol. 16, No. 6, pp 37-42, 44-45.

Gilling, C., Kenworthy, N., and Snowley, G., (2000) Common Foundation Studies in Nursing, 3rd edition, Edinburgh, Churchill Livingstone.

Hobbs, (1994) cited in Royal College of Nursing Clinical Effectiveness Initiative – A Strategic Framework, London, Royal College of Nursing.

Logan, W., Roper, N., and Tierney, A.J., (2000) The Roper Logan Tierney Model of Nursing, 5th edition, London, Churchill Livingstone.

Nicholls, K., (1993) Psychological Care in Physical Illness, 2nd Edition, London, Chapman Hall.

Nightingale, F., (1859) Notes on Nursing : what it is and what it is not. Cited in Peet, R. van der, (1995) The Nightingale Model of Nursing, Edinburgh, Campion Press.

Nursing & Midwifery Council, (2002) Code of Conduct, London, NMC.

Pearson, A., and Vaughan, B., (1994) Nursing Models for Practice, Oxford Butterworth-Heinemann.

Stockwell, F., (1972) The Unpopular Patient, London, Royal College of Nursing.

Child marriage within Islamic teaching

Child marriages have long been the subject of international concern for human rights organisations. Various attempts have been made to ban marriages between minors, in many countries. In Islamic countries, difficulties in this area arise from tensions between international treaty commitments, and traditional and critical interpretations of religious sources.

A marriage contract is valid only if a couple both possess full legal capacity. Legal capacity requires the person to be of age and of sound mind. Marriageable age according to classical Islamic law coincides with the occurrence of puberty. The notion of puberty refers to physical signs of maturity such as the emission of semen or the onset of menstruation. Yazbak (2002:392) emphasises that ‘there was no need to mention a ‘minimum age’ because it was the girl’s physical appearance (‘plump and buxom’) that signalled whether the marriage could be consummated without undue harm.’ In the absence of such signs, the Hanafi school of Islamic jurisprudence assumes that puberty will occur no later than at seventeen years for girls and eighteen years for boys. At these ages the spouses are deemed to have attained full legal capacity to enter a marriage and are no longer considered minors in this regard. In contrast to the position of the Hanafis, both the Shafi’i and the Hanbali school set the ages of legal capacity for marriage at fifteen years for both sexes. All four Sunni schools agreed that a girl’s father had the right to marry her off to whomever he chose without consulting her.

The issue of child marriage is one on which there is considerable controversy within Islamic teaching. ‘Scholars argue that the core element of the Islamic marriage contract is the consent of both spouses’ (Nasir cited in Buchler and Schlatter 2013:41). Thus, a child marriage arranged by the guardians violates the sharia – either because the will of the future spouses is not sufficiently respected or because a minor does not have the mental maturity effectively to consent to marriage. ‘One argument that is often put forward in support of the practice of child marriage is the marriage of the Prophet Muhammad to Aisha, who was only been seven years old when the marriage took place’ (El Alami cited in Buchler and Schlatter 2013:41). It is argued that ‘marriages involving very young spouses are frequently concluded in the light of financial, property or relationship considerations and in order to secure not only the child’s but also the family’s interests’ (Buchler and Schlatter 2013:44). Yazbak (2002:399) further highlights that ‘one of the main reasons for contracting minor marriages was the possibility it gave guardians to preserve or enhance the position and property of their own families through strategic alliances.’ Since extra-marital relationships are strictly forbidden in Islam, marriage relieves the father of a girl of his duty to protect her chastity and thus the honour of the family. Child marriages are also commonly seen as a means of elongating marital life and thus enhancing procreation. However, there is a growing international consensus that child marriages need to be eradicated, and this consensus finds expression in international law. Child marriages deprive children, and especially girls, of the opportunity to gain a proper education and thus make it impossible for them to pursue a professional career. Welchman (2007:65) notes that very young women and girls need special protection because they may be exposed to ‘physical and mental health risks of early marriage’ as well as ‘the loss of their opportunities for education and work outside family labour.’ Therefore, early marriage is detrimental to a girl’s physical, mental, and emotional health. It is also argued that ‘the risks of complications during pregnancy and childbirth are much higher when physical maturity has not yet fully developed’ (Buchler and Schlatter 2013:44). Beyond this, minor girls tend to fall victim to domestic violence far more often than grown-up women.

Islam has, according to many jurists, given to minors the so-called ‘option of majority’. A minor who has reached the age of puberty is free [in some cases] either to uphold or annul a marriage contract that was concluded on his or her behalf while in minority. Taken together, these measures seem to suggest that, in the final analysis, the minor’s interest and welfare are the focal point of the law. Even the jurists who do not recognize the minor’s ‘option of majority’ insist that no one other than a qualified father or grandfather is authorised to conclude a valid marriage on the minor’s behalf. This is based on the assumption that a father, who is also qualified as a guardian, would normally do what is best for his ward’ (‘Abd al ‘Ati 1977:77). However, according to the majority of the jurists, the ‘option of puberty’ only applies in case the minor’s marriage was contracted by a non-natural guardian. For example, Yazbak (2002:403) notes that ‘a minor for whom a marriage was contracted by his or her natural guardian or the latter’s agent has no possibility of having the contract annulled. Muftis are unambiguous on this point. It is argued that ‘It is the right of the father or [paternal] grandfather to contract the marriage (nikah) of a minor boy or girl, by force [of his authority] (ijbar). In this case the marriage is binding even it means a clear material loss for the girl … provided the natural guardian is not known to have misused his power, [i.e. used it] carelessly or wickedly’ (Yazbak 2002:403). This meant that, ‘if the natural guardian is publicly known to have misused his power, the marriage contract is not binding’ (Yazbak 2002:403-403). The classical Islamic jurists hold different views regarding the exercise of the ‘option of puberty’. Because a boy automatically enjoys the right of divorce as soon as he reaches majority, this situation [apparently] discriminates mainly against minor girls, who have to approach the court, for example, if a non-natural guardian carelessly contracted the marriage with someone unequal to her. Further, Tucker (1998:47) states that ‘if a minor girl were married off by someone other than her father or grandfather, she had the option, upon reaching her legal majority, of refusing the marriage [‘] such a refusal, which had to be given at the time she first reached puberty, immediately ended the marriage’. However, the marriage of minors is not compulsory but merely permissible (mub’h) under classical Islamic law and can therefore be restricted through principles of Islamic law such as siy’sah shar’iyyah, maslahah or dar’rah by the ruling authority of a Muslim-majority state.

Constitution benches: essay help site:edu

INTRODUCTION

The Constitution mandates that at least five judges of the Supreme Court sit in order to decide cases involving ‘substantial question of law as to the interpretation of this Constitution’. Popularly termed ‘constitution benches’, these benches have delivered some of the most important and landmark judgments such as Kesavananda Bharati v. State of Kerala [(1973) 4 SCC 225], Indra Sawhney v. Union of India [AIR 1993 SC 477], etc. In this seminar paper, I study these constitution benches and their judgments in the period between 2011 and 2017 empirically. By doing so, useful insight into the composition and functioning of these constitution benches can be gained. Further, I also analyse judicial ideologies on these constitution benches.

This paper proceeds in five parts. Part I provides an outline of constitution benches in the survey period, and analyses the cases in terms of the Supreme Court’s jurisdiction and subject categories. Part II analyses the composition of these constitution benches by analysing judges’ seniority, gender, background and parental High Court, in addition to the role of the Chief Justice. Part III studies the functioning of these constitution benches: voting patterns, authorship of judgments, time taken for disposal, winning party, length of the judgments and foreign citations. Part IV analyses the judicial ideologies on these constitution benches. The paper concludes in Part V.

Lastly, the research presented here draws from and builds on previous work on the Supreme Court. In particular, Nick Robinson et al studied constitution benches of the Supreme Court from 1950 to 2009. This paper draws from their work, and also attempts to test their conclusions using data from the period between 2011 and 2017. Further, this paper also draws from the work of George H. Gadbois Jr., particularly, his biographical portraits of Indian Supreme Court judges and his analysis of their judicial behaviour.

RESEARCH METHODOLOGY

It is a fundamental principle that empirical legal researchers should strive to collect as much data as that exists. However, where such collection of data is not possible, it is important to use selection mechanisms that avoid selection biases. Selection mechanisms appear at three levels in this seminar paper.

First, owing to time and resource constraints, I selected judgments from a specific time period for analysis. As there exists a comprehensive study of constitution bench decisions until the last decade by Robinson et al, I chose to study only constitution bench decisions of this decade, i.e. from 2011 till 1 May 2017. Second, I have tracked every Supreme Court judgment with 5 or more judges between 2011 and 2017 from the reported judgments in the print version of Supreme Court Cases (SCC). I found a total of 53 judgments with 5 or more judges. All the cases have been tabulated in Annex 1.

Third, there are no definitive criteria to identify ‘constitution bench’ matters in the text of Article 145(3) of the Constitution or in any Supreme Court decisions. Informally, all benches with five or more judges have been called constitution benches. Robinson et al differ from this approach and focus only on cases that fulfil the conditions under Article 145(3). In this process, Robinson et al consider every bench with 5 or more judges that adjudicate on any constitutional issue as constitution bench matters. Further, they also include matters of presidential reference, election matters and inter-governmental cases brought under Article 131. On the other hand, this paper regards only those cases referred under Article 145(3) with a ‘substantial question of law as to the interpretation of the constitution’ as constitution bench decisions. To avoid selection bias, I have selected only those cases where smaller-bench referral orders/judgments themselves specifically mention Article 145(3) or the presence of ‘substantial question of law as to the interpretation of the constitution’ in the case. A digest of these constitution bench cases has been provided in Annex 2.

Lastly, to study the backgrounds of the judges, I rely primarily on the official biographies available on the Supreme Court website. Where required, I have also relied on authentic newspaper sources. The relevant aspects of the biographies of the judges have been detailed in Annex 3.

I. CONSTITUTION BENCHES OF THE SUPREME COURT

In the period between 2011 and 2017, there were 22 identifiable constitution bench cases. Table 1 provides the number of constitution bench cases according to the year of the judgment, and according to the respective CJI’s tenures. On an average, there have been 3.39 constitution bench decisions per year, and 3.66 constitution bench decisions per Chief Justice. This is lower than the average of 6.5 constitution bench decisions per year, calculated by Robinson et al. One reason is that the present study has fewer cases owing to different selection mechanisms compared to Robinson’s study. However, this research does affirm Robinson’s finding that the number of constitution benches has consistently declined since the 1960s.

Nonetheless, it must be noted that there was a comparable increase in the number of constitution bench decisions in 2014 during Lodha CJ’s tenure. This is so despite Lodha CJ having a relatively short tenure of only about five months.

UNDERSTANDING REFERRALS TO CONSTITUTION BENCHES

The Constitution does not provide specific criteria, the fulfilment of which will necessarily lead a case to a constitution bench. Further, as a rule of propriety, two-judge benches can refer cases only to a three-judge bench, which in turn may refer the case to a constitution bench. As a result, most constitution bench cases are a product of two levels of judicial screening, if not at least one. Hence, it becomes imperative to analyse the nature of cases that get referred to constitution benches, i.e. on the basis of the Supreme Court’s jurisdiction in that case, and the subject matter/topic of that case.

JURISDICTION

In the period between 2011 and 2017, most of the cases referred to constitution benches were matters that were appealed. Out of the 22 judgments in total, 45.46% of them (10 out of 22) were matters appealed to the Supreme Court. This inference is not in line with the historical trend of more than 60% of constitution bench cases being matters that were appealed. Around 31.81% of the matters were through writ petitions under Article 32. In 13.64% of the matters, the case was both appealed and brought through writ petition before the Supreme Court. Table 2 contains the number of cases under each jurisdictional head.

SUBJECT MATTER CATEGORIES

For the purpose of classifying cases under various subject categories, I selected the dominant issue in each case and classified it accordingly. However, I have not followed the 47 subject matter categories found in the Supreme Court’s ‘Practice and Procedure Handbook’, as those general categories do not adequately fulfil the purposes of a specific inquiry into constitution bench cases. Further, cases often have more than one subject matter related to the dominant issue. Therefore, it should be noted that Table 3 contains overlapping data.

In Table 3, it can be seen that 27.27% of the constitution benches between 2011 and 2017 dealt with constitutionality of statutes, while merely 9.09% of the constitution benches dealt with the validity of executive orders. Three constitution benches, representing 13.64% of the total, dealt with the validity of constitutional amendments.

* I have not included those cases within this topic, where the question of validity of statute was presented alongside the validity of a constitutional amendment. In all of those cases, the validity of the statute suffered the same fortune/misfortune as the constitutional amendment itself.

II. CONSTITUTION BENCHES: COMPOSITION

In the period between 2011 and 2017, about 40 judges of the Supreme Court sat on the 22 different constitution benches. Table 4 lists the various judges in the descending order (of the number of constitution benches that they were part of). Having been part of all the 8 constitution benches during his tenure, RM Lodha CJ is ranked highest in this list. Following him are JS Khehar J, AK Sikri J and Dipak Misra J respectively.

SENIORITY AND BENCH COMPOSITION

To determine the role of seniority in the composition of these benches, I will be introducing a variable termed ‘Seniority Number’. The ‘Seniority Number’ merely refers to the seniority rank of a judge during the tenure of a particular Chief Justice. I have relied on the seniority ranks that are provided in the ‘List of Supreme Court Judges’ in each volume of the Supreme Court ‘ Court News [the relevant editions of Supreme Court ‘ Court News have been provided in Annex 9]. For instance, during his tenure, TS Thakur CJ was the senior-most judge and has a Seniority Number of 1. DY Chandrachud J, ranked 27 on the list of judges , has a Seniority Number of 27. Naturally, the senior judges have lower Seniority Numbers and vice versa. I have provided a list of all judges in the respective CJI tenures and their corresponding Seniority Numbers in Annex 4.

In this method, it becomes possible to numerically study seniority in bench composition. The average Seniority Number of each constitution bench is obtained by the sum of all Seniority Numbers of the respective judges, divided by the total number of judges on that bench. In a similar fashion, the average Seniority Number during each CJI’s tenure can also be determined. I will be using arithmetic mean and standard deviation to understand this data. While the arithmetic mean conveys the average Seniority Number, it does not entirely suffice for understanding bench composition. In this regard, standard deviation measures the deviance of each value from the arithmetic mean, helping establish a general range in which the various values lie. In this study, standard deviation becomes useful to understand how bench composition is spread out between the senior-most and junior-most judges. I have provided the calculation of case-wise arithmetic mean and CJI-wise standard deviation of Seniority Numbers in Annex 4.

In the period between 2011 and 2017, a judge on a constitution bench had an average Seniority Number of 14.11. The standard deviation is 9.56. Considering the Supreme Court strength to be 28, an arithmetic mean of 14.11 (which is approximately half of the total strength) indicates that the average bench had judges of Seniority Numbers on the two extremes, i.e. the lowest and the highest. Therefore, the average bench was composed of both the senior most judges (low Seniority Numbers) and the junior most judges (high Seniority Numbers) of the Supreme Court. A standard deviation of 9.56 affirms this conclusion that the Seniority Numbers are statistically dispersed between 4.55 (14.11-9.56) and 23.67 (14.11+9.56). This demonstrates that, on average during 2011-17, the composition of a Constitution bench was well spread out between the senior-most and the junior-most judges.

During Justice Lodha’s tenure, a low arithmetic mean points to constitution benches being composed relatively more of senior judges, compared to the other CJIs’ tenures. From Lodha CJ’s tenure, the trend has been on the upward side with relatively more spread out benches in terms of seniority of the judges. Nonetheless, it is still not as spread out as it was during the tenures of Kapadia CJ and Kabir CJ. Higher arithmetic means (18.08 and 17.6 respectively) and standard deviations (11.54 and 10.95 respectively) mean that the Seniority Numbers were much spread out during their tenures. This demonstrates that, during the tenures of Kapadia CJ and Kabir CJ, the constitution benches comprised of more junior judges relatively compared to the tenures of Chief Justices Lodha, Dattu and Thakur.

ROLE OF THE CHIEF JUSTICE

The Indian Supreme Court is a Chief Justice-dominated court, where the Chief Justice decides the composition of benches, including the constitution benches. Robinson’s study reports that the Chief Justice has sat on about 77% of all Constitution benches until 2009. In the 2000s, the Chief Justice sat on about 60% of the Constitution benches. As demonstrated, this trend does not seem to have been altered in the period between 2011 and 2017. Of the 22 benches surveyed, the Chief Justice sat on 86.36% (19 out of 22) of the benches.

GENDER

In the period between 2011 and 2017, only three women judges, i.e. Gyan Sudha Misra J, Ranjana P. Desai J and R. Banumathi J, served on the Supreme Court. Of these, R.P. Desai J and Banumathi J have sat on two Constitution benches each. Any improvements in gender diversity on Constitution benches will have to await improvements to the gender diversity of the Supreme Court in the first place. However, merely to emphasise on the diversity problem of the Supreme Court, it must be noted that only 18.18% (4 out of 22) constitution benches had at least one female judge on the bench, in comparison to 100% (all benches) having at least one male judge.

PARENTAL HIGH COURT

Apart from the three Judges who were directly elevated to the Supreme Court from the Bar, the 37 other judges surveyed have spent a considerable number of years serving as Chief Justice/puisne judges on the various High Courts. I have allotted to each of these judges a ‘Parental High Court’ on the basis of the High Court where they served for the longest duration. The results have been tabulated in Table 4 above.

From Table 7, it can be seen that the highest number of judges on the constitution benches came from the Bombay High Court, the Delhi High Court and the Punjab & Haryana High Court. Surprisingly, only two judges from the Calcutta High Court and the Madras High Court sat on these benches. However, more insightful information can be gathered from the next column, ‘Number of benches’. This variable ‘Number of benches’ measures the number of constitution benches between 2011 and 2017, where the bench comprised of at least one judge from a particular high court. Naturally, the Bombay, Delhi and Punjab & Haryana High Courts are at the top of the table here also.

The last column indicates the same variable, ‘Number of benches’ in percentage terms. In this regard, it can be seen that at least one Bombay/Delhi High Court judge sat on 72.72% of all constitution benches in the period between 2011 and 2017. However, one reason for the high percentage for Bombay High Court judges is because of Kapadia CJ and Lodha CJ. Both of them were from the Bombay High Court and sat on all of their constitution benches (13 in total).

Madras 2 4 18.18

Allahabad 1 1 4.55

Gujarat 1 3 13.64

Patna 1 2 9.09

BACKGROUND

In Table 4, I have also compiled each surveyed judge’s background in terms of four factors: family background in the legal profession; experience in the lower judiciary; direct elevation to the Supreme Court from the Bar; experience as government lawyer. With respect to family background, I have included only those instances where the judge’s previous generations had lawyers/judges in close familial relationships. With respect to experience as government lawyer, I have included only those experiences as either solicitor general, additional solicitor general, advocate general, additional advocate general, government pleader, public prosecutor, standing counsel for central/state government/governmental departments/bodies.

In the period between 2011 and 2017, 40% of all judges that sat on the Constitution benches had a family background in the legal profession. This background ranged from a past Chief Justice of India, such as with DY Chandrachud J to lawyers in district courts, such as with J. Chelameswar J. Interestingly, SK Singh J, in Jindal Stainless v. State of Haryana discussed and disagreed with the views expressed by his maternal grandfather, S.B. Sinha J in the Atiabari case.

Further, only one of these 40 judges has had prior experience in the lower judiciary as a district judges, i.e. R. Banumathi J. I have excluded Swatanter Kumar J. from this head, as he served only for a brief period of eight months as Additional District Judge in Himachal Pradesh. It is also important to note that all the three judges, who were directly elevated to the Supreme Court from the Bar in the period between 2011 and 2017 [RF Nariman J, UU Lalit J, L Nageswara Rao J], have sat on Constitution benches. Further, of the 40 judges, 25 of them have had previous experience as government lawyers.

III. CONSTITUTION BENCHES: FUNCTIONING

VOTING PATTERNS

In the period between 2011 and 2017, 63.64% (14 out of 22) of the cases consisted of unanimous judgments. There were 4 judgments with separate but concurring opinions. Only 4 judgments (18.18%) had dissenting opinions. In 2009, Robinson et al had noted that dissenting opinions might become likelier owing to the fewer Constitution bench matters being heard. This research demonstrates that dissenting opinions in Constitution benches were few and far between in the following seven years. Further, during SH Kapadia CJ’s tenure, all 5 constitution benches delivered unanimous judgments, without any separate concurring or dissenting opinions.

Robinson et al had also found that historically the Chief Justice was 6.5 times less likely to be in dissent compared to the other judges, and has dissented in only 10 constitution bench decisions between 1950 and 2009. Gadbois, in his research, had found that K Subba Rao J had dissented in about 48 judgments as a puisne judge. However, during his tenure as the CJI for nearly 10 months, K Subba Rao CJ had never dissent in a judgment. Remarkably, the Chief Justice has never been part of the dissenting opinion on the constitution benches between 2011 and 2017.

AUTHORSHIP OF JUDGMENTS

In the surveyed period, Madan B. Lokur J authored the most number of opinions on these constitution benches, i.e. 4. All of his opinions were separate concurring opinions. Lodha CJ has authored the highest number of unanimous judgments, i.e. 3. Table 10 contains details of number of opinions authored by the respective Chief Justice on the constitution benches during their time at the helm. The Chief Justices wrote 31.82% of the unanimous judgments on constitution benches in the period between 2011-17. This number is slightly higher than the historical average of Chief Justices writing 21% of the majority opinions on constitution benches between 1950 and 2009.

TIME TAKEN FOR DISPOSAL

For the period between 2011 and 2017, I have calculated the time taken (in days) from the decision/order referring the matter to a constitution bench to the judgment itself. The data has been tabulated in Annex 5.

The case that took the longest time from referral was Krishna Kumar Singh v. State of Bihar, which took 4555 days (approx. 12.5 years). The case that took the shortest duration was Mohd. Arif v. Registrar, Supreme Court, which took only 131 days from the referral decision. On an average, a case took 1658.78 days (approx. 4.5 years) from the time of referral to a constitution bench. Out of the 18 cases, 50% (9) took more than 2 years from the time of referral for the judgment. This trend is particularly problematic as constitution benches are expected to resolve important questions of constitutional law definitively. In turn, this definitive statement of law is expected to hold precedential value, and prevent future disputes from arising. A fine illustration of this problem is the case on entry taxes (Jindal Stainless v. Haryana), wherein hundreds of appeals from the various High Courts could not be resolved until the 9-judge constitution bench clarified the position in law definitively.

WINNING PARTY

Robinson’s study reports that the recent trend with respect to constitution benches was that appellant/petitioner won ‘just as much or slightly more than’ the respondent. The study also predicted that it would become more difficult to identify a winning party often, owing to the increasing complexity of the cases before constitution benches.

The data collected in this study affirm the trends noted by Robinson et al. The data of winning party in each case has been tabulated in Annex 2. To summarise the data, the appellants/petitioners (non-state actors) won in 45.45% (10 out of 22) cases. The respondent (state) was successful in 31.81% (7 out of 22) cases across constitution benches between 2011 and 2017. In five judgments, mostly public interest writ petitions, no winning party could be clearly identified.

At this point, it must also be noted that the binary idea of a winning party may not be entirely accurate with respect to these constitution bench matters. I have attempted to present winning parties on the basis of the party that was successful with respect to the dominant issues of the case.

LENGTH OF THE JUDGMENTS

Length of the judgment has been recognised to be a measure of the judgment’s complexity. In the period between 2011 and 2017, the average length of a constitution bench judgment is 78 pages. The judgments range from 590 pages on the one hand to merely 3 pages on the other. A complete tabulation of each judgment and its length has been detailed in Annex 6. Of the surveyed cases, 90.48% of the cases (19 out of 21) are longer than 10 pages. In contrast, the data collected by Robinson demonstrated that only 10% of the constitution bench decisions between 1950s and 60s were more than 10 pages long. Robinson’s data points to a trend of increasingly longer judgments being delivered by constitution benches. This survey confirms that this trend has continued in the period between 2011 and 2017 as well.

Naturally, the judgments with two or more opinions (concurring and dissenting) are longer than the unanimous judgments. The average length of judgment with two or more opinions is 187.43, while the average length of unanimous judgments is merely 23.5. Table 11 ranks the subject categories in the decreasing order of their respective average judgment length and average opinion length. This Table also affirms the continued complexity of the Supreme Court’s decisions concerning the basic structure test, with an average judgment length of 278 pages and opinion length of 84.83 pages.

Table 11: Subject-wise length of judgments

FOREIGN CITATIONS IN JUDGMENTS

The constitution bench decisions and the number of foreign citations have been tabulated in Annex 7. In the period between 2011 and 2017, 71.43% of the constitution bench judgments (15 out of 21) cited judgments of foreign courts, including international tribunals. This is comparable to the number of such judgments in the 1950s, where 71% of the judgments cited foreign decisions. This is higher than such number in the 2000s, when 61% of the judgments cited foreign decisions.

These constitution benches cited a total of 113 foreign decisions during 2011-17. The decisions of the UK Courts/Privy Council were the most cited, closely followed by decisions of US Courts. While I do not seek to analyse the utility of citing foreign decisions, it is important to mention the use of International Court of Justice (‘ICJ’) decisions by Justice Khehar in Nabam Rebia v. Deputy Speaker [(2016) 8 SCC 1]. While discussing the actions of the Governor of Arunachal Pradesh, Justice Khehar relies on excerpts from the two ICJ decisions to explain arbitrariness and rule of law. With due respect, it must be noted that such excerpts and citations only tend to complicate judgments and hamper clear reading of precedents.

Table 12: Number of foreign citations according to jurisdictions

IV. CONSTITUTION BENCHES: JUDICIAL IDEOLOGIES

Judicial decision-making has been long recognised as ‘political behavior’ that ought to be systematically analysed, starting from the works of scholars such as Glendon Schubert in the United States. In one such early study on the Indian legal system, Professor George Gadbois systematically analysed all decisions of the Supreme Court from 1950 to 1968, to understand judicial behaviour. Constitutional law cases often lie in the penumbra with wide ranging outcomes. A perusal of the 22 cases chosen for this study will reveal that a number of them require judges to make choices between alternative policy positions. For instance, these positions include balancing the right to education and the right to trade (of schools), establishing Tribunals vis-‘-vis maintaining judicial independence, judicial appointments and the role of the executive, etc. In pursuance, I will examine the surveyed decisions that present a dispute between an individual/legal entity and the State in terms of their judicial ideologies. By doing so, we will be able to gain scant but useful insight into the working of the judiciary in recent times.

In this process, I will be borrowing the four ideological labels used by Gadbois in his work. The labels he used to classify Indian Supreme Court justices were:

Modern Liberal: Aversion towards any violation of civil liberties, while tolerating violations of economic freedoms
Modern Conservative: Aversion towards any violation of economic freedoms, while tolerating violations of civil liberties
Classical Liberal: Aversion towards any deprivation of civil liberties and economic freedoms [more suitably labelled ‘libertarians’]
Classical Conservative: Inclination towards accepting deprivation of civil liberties and economic freedoms under the authority of the State

Methodology:

While past empirical studies have laid emphasis on ‘individualistic’ behaviour through solo dissents and opinions as opposed to ‘collective’ behaviour through unanimous and collective decisions, I will not be drawing any such distinctions here owing to the limited number of solo decisions available.

Instead, all votes (whether collective or individual) will be treated on par. Each judge will be accorded a Civil Liberties Score (‘CLS’) and an Economic Freedoms Score (‘EFS’), by evaluating the consequences of that decision (whether concurring or dissent). It must be noted that each score is an external judgment based on the decision’s consequence, and not on the inner meaning of the judgment. Every decision that furthers civil liberties from a bench, which a judge is part of and does not dissent from, will accord +1 point to that judge. Similarly, any decision that deprives civil liberties from a bench, which a judge is part of, will accord -1 point to that judge. In cases of economic freedoms, every decision that protects economic freedoms will accord the judge +1 point and every decision that deprives economic freedoms will accord the judge -1 point. The cumulative of all civil liberties ‘ points will give a judge’s CLS, and the cumulative of all economic freedoms ‘ points will give the judge’s EFS. For example, Justice Khehar has delivered four judgments that protect civil liberties (+1*4=4) and one that restricts civil liberties (-1*1=-1). Hence, his CLS will be +3. Where a judge does not have any decisions dealing with either economic freedoms or civil liberties, she will be accorded a ‘zero’ score under that head. From the relevant cases, the following scores could be tabulated for the judges.

On the basis of the CLS and EFS, I have plotted each judge’s position on the ideology graph (following). It must be noted that owing to the limited data available from 22 decisions, these ideological positions may not be accurate reflections of their ideological stances in all individual/legal entity versus State cases. Owing to very few cases dealing with economic freedoms, most judges’ points are also located on the Civil Liberties axis (X-axis). Despite the limited data, this graph, nevertheless, is a reasonably accurate portrait of judicial ideologies in constitution benches between 2011 and 2017.

[The initials that each judge had been assigned in Table 13 represent that judge. An enlarged image of the graph has been provided in Annex 8.]

Note:

It is my duty to notify the possibility of coding biases in this process. While coding these decisions, apart from relying on Gadbois’s work, I have also followed the process similar to that of the US Supreme Court Judicial Database (USSCJD), where judgments are coded as ‘liberal’ or ‘conservative’ by picking out the dominant issue in a case and coding it based on issue-specific guidelines. Research has demonstrated that such coding could lead to ‘odd’ results, and suffer from the coders’ biases. Further, it must be noted that the graph does not contain comprehensive ideological positions of the judges owing to the limited data set being studied. This graph does not also completely depict their ideological positions in all individual versus State matters, in the absence of their other smaller bench decisions addressing constitutional questions.

V. CONCLUSION

To sum up, the following major conclusions can be drawn from this research:

The historical decline in number of constitution benches has continued in the period between 2011 and 2017.
In this period, majority of the constitution bench cases were matters appealed to the Supreme Court.
Constitutionality of statutes and constitutional amendments are the dominant subject matters before constitution benches in this period.

Bench Composition (2011-17):

On average, constitution benches are composed of both the senior-most and the junior-most.
The Chief Justices, having sat on 86.36% of constitution benches, dominate these benches.
Lack of gender diversity on the Supreme Court has translated into gender diversity on constitution benches also.
Judges elevated from the Bombay, Delhi and Punjab & Haryana High Courts dominate the constitution benches.
Majority of judges on constitution benches have a family background in the legal profession and/or have experience as government lawyers.
The period between 2011 and 2017 witnessed multiple unanimous/concurring judgments, with very few dissenting opinions. Remarkably, the Chief Justice was never part of the dissenting opinion.
The average time taken for a case from its referral to a constitution bench to its disposal is about 4.5 years (2011-17).
Non-state actors have been successful in about 45.45% of the constitution bench cases (2011-17).
The average constitution bench judgment is 78 pages long (2011-17).

The primary concern arises due to the decline in constitution benches, as two or three judge benches are now addressing substantial questions of constitutional law. For instance, such smaller benches delivered the recent judgments of the Supreme Court imposing a ban on liquor shops along highways and upholding the constitutionality of criminal defamation law . In the Constituent Assembly Debates, Dr. Ambedkar seems to have stated that a bench of at least 5 judges would hear every constitutional question before the Supreme Court. This definitely has not been reflective of the Court’s practice nor does it seem to be feasible. The perceived decline in the quality of its constitutional jurisprudence has led senior advocates such as late T.R. Andhyarujina and K.K. Venugopal to argue for the establishment of separate court of appeals and require the Supreme Court to take up only important constitutional and other matters. While this is a matter of policy beyond the scope of this paper, it is imperative that the Supreme Court at least clarifies the scope of Article 145(3).

The role of the Chief Justice in allocating benches to the various judges deserves to be reflected on. This becomes crucial in light of the rarity of dissenting opinions, as demonstrated in this study and by Robinson et al. This indicates a possibility that the Chief Justice may choose judges who hold similar opinions. Random allocations of benches may help improve transparency and constrain the Chief Justice’s dominant role. Further, the number of weekly sittings of constitution benches can be increased so as to reduce the time taken between the referral of a case to a constitution bench and its disposal. In this regard, TS Thakur CJ suggested that constitution benches sit additionally for two hours each on Mondays and Fridays. Similarly, a number of such measures need to be adopted to improve the working of our constitution benches and generally enhance the quality of India’s constitutional jurisprudence. This paper is merely a small step towards understanding some of the problems facing constitution benches.

Importance and impact of Islamic Resistance Movement on Middle East Security

THE IMPORTANCE AND IMPACT OF THE ISLAMIC RESISTENCE MOVEMENT ON MIDDLE EAST SECURITY

Abstract: This study aims to present a photographic perspective concerning the contemporary islamic terrorism from the point of view of international relations. In the last decades, this violent form of religious and military manifestation plays a key role in the international system because the activity of this non-state actors has not only a regional impact but international, as a direct cause of the large geographic zone where fundamentalist ideeas are widely spread. Taking in consideration the case of Islamic Resistance Mouvement (Hamas), this research is focused on presenting and investigating the historical and islamic background of this mouvement, military capacities and impact of this organization on the middle est international relations. Besides that, the article offers real and practical solutions to solve this military and geopolitical crisis that constituted the core of wars in the region.

Keywords: HAMAS, Islamic Resistance Mouvement, Terrorism, Islamic Fundamentalism

Contact details of the authors:

Email: [email protected]

Institutional affiliation of the authors: (1) Doctoral School of Humanities – Faculty of Letters, North-Baia Mare University Center – Cluj-Napoca Technical University

(2) Economic College “Pintea Viteazul”- Cavnic, Maramures county

Institutions address: (2) Faculty of Letters Adress: str. Victoriei, nr. 76, postal code: 430122, Baia Mare, Maramures County, Tel: 0262-218.780

(2) Economic College “Pintea Viteazul”, City: Cavnic, Street: 1 Mai, No. 15, Maramures County, Tel: 0262/ 295. 018

The conflict between the Palestinian authorities and Israel is the key to the problems of the Middle East. In this issue, regional terrorism also plays an important role. The Movement of Islamic Resistance (further referred as M.I.R. or Hamas) becomes an especially important actor in the area especially after 2005, when at least three events take place with a strong regional and international impact: the withdrawal of Israel from Gaza in 2005; the electoral success of the Movement in 2006; signing agreements between 2007-2008 by which Fatah had to return possession of Hamas and signing the truce with Israel . Therefore, Hamas becomes the main force of Palestinian resistance with a majority of popular support. Statistically speaking, studies show that the move until 2011 was supported by over 60% of Palestinians in Gaza. Given these issues, Hamas is a decisive factor in international relations in the area of regional security.

The Islamic background of the Movement

One of the dominant features of this movement is Islamic fundamentalism. The islamism as it is called, is broadly a utopian perspective on the political and religious implications of Islam. In an explicit way, it consists of a resizing and re-adaptation of the old traditional religious principles to the new political and social conditions of modernity. Seen from a religious perspective, this is an alternative ideology, opposed to the hegemony of modern Western systems that rely on capitalism, communism, socialism, the visions of democratic egalitarianism, etc. Consequently, we can say that Islamic fundamentalism is a politicized form of Islam, driven to the extreme by ideologues and spiritual leaders, the doctrine coming especially on the path of erroneous or extremist interpretation of jihad . In other terms, Islamic fundamentalism seeks to build a political order based on the implementation of a legalist utopia whose arbitrary elements are embraced by the sacred emblem of Islam . The origins of the Islamist vision lie in a great complexity of causes. According to Hassan Hanafi, the main cause of the failure of the contemporary ideologies of modernization in Islamic space . To be more explicit, the author listed two essential aspects of the previous thesis .

The first aspect, is the failure of Western liberalism in countries with a strong Arab tradition, eg in Egypt. The author consistently demonstrates that the tendencies of democratization of such traditional-religious societies have been doomed to a resounding failure. The authoritarian tendencies, the abolition of the constitution, the asymmetric political game between hegemonic and minority parties, the falsification of electoral results, etc. were major shortcomings of democratization. Consequently, for the management of such crises, political and spiritual leaders have found the return to the fundamental principles of Islam as the only solution. Not only capitalism and democracy proved to be utopian and incapable of solving the problems of Islamic societies, but socialism also failed badly. The most concrete example in Hanafi’s view is the resounding failure of the Egyptian socialist state and the 1952 revolution. The author is of the opinion that this revolution was only seen in economic terms, but in the other segments the traditional culture was preserved, so that “Islamic socialism” proved incapable of adapting to social-political and religious aspirations. Within this incapacity, the religious factor has become increasingly important, ultimately becoming a means of discrediting the political class that gave rise to separatism and radicalism among the spiritual-economic aristocracy that was seen as an immediate solution to these problems.

The second aspect has in view the fact that traditional marxism was seen as a means of modernizing these societies that had been applied but not adapted. The main issues that had to be adapted to the implementation of the scientific ideology of Marxism would have to compensate for the perceptual and mentality characteristics of society (myths, symbols, imagination and anthropomorphic thinking). At the same time, Islamic fundamentalism promotes a contemporary, symbolic and imaginary discourse opposed to modern ideologies. Starting from this point, there is a strong politicization and sacrament of politics that progressively transforms the symbols of Islamicity into authentic and strongly individualized ego. In other words, the path to political manipulation opens which, on the one hand, has the main purpose of maintaining traditional structures of domination, and on the other hand, the realization of the Islamic political utopia (eg. the achievement of the universal Islamic state) on fundamentalist principles . Amplifying this idea, the ability of Islamic leaders to ideologize a religious tradition is done in two ways : First, the reorganization of religious principles is made to have a much more convincing and original tinge. Secondly, we are talking about an idealized adaptation of religion to serve as a means of achieving machiavellian goals. The two aspects can be summed up to the thesis that each interpretation of the Quaran becomes an instrument for various practices, the adaptation of the fundamental teachings reinforce the motivations of these actions, and the emphasis of a learning essence (depending on the purpose ) provide continuity in achieving the goals (be they peaceful, warlike, or terrorist).

The foundations underlying terrorist acts are generally considered to be utopias and are subject to a wide range of prejudices . But before talking about Islam and terrorism, consider it necessary to look carefully at the two in order to establish whether or not there is a link between Islam and terrorism, precisely to bring light to these prejudices. The underlying issue is that of an exlusive interpretation beyond the context of sacred texts, a problem that can arise at any other religion in the world (including Christianity ) and which can lead directly to legitimate violence by religious principles. The exegesis of the sacred texts often affirmed the old principle: “Any text drawn from the context is a pretext” which led to the legitimation of war and terror. But the Quran, to the extent that it is not interpreted unilaterally, does not support terrorism in any way, but on the contrary, we find fundamental principles of human rights, tolerance and good cohabitation.

The main directions that directly contradict terrorism based on distorted ideas of Islam are central to the importance of human life, the Quran stating clearly and concisely on many occasions : “… do not kill anyone unjustly, for Allah has stopped you, and He commands them, You may understand!” ; or ‘the one who kills an innocent soul of killing another soul or of another corruption on earth is as if it were killing all people’ . These exemplars consistent with many other similar verses assert assertively and clearly the right to life of every human being, as well as the condemnation of those who suppress such a right. As regards the ethics of war or jihad, the Quran and other Islamic norms tend to bend the balance in spite of an inner struggle of the believer, which tends to perfection, than the outward struggle by the army.

However, like other religions, Islam promotes self-defense, the principle of resistance to oppression and, last but not least, the fight against tyranny (‘And what is it with you not to fight in the way of Allah and for the men and women and the poor children who say, Lord, take us out of this city with wicked generations, and give us from us a protector and give us On Your part a help’ ). Another fundamental principle of Islamic belief that directly contradicts violent and terrorist practices refers to tolerance to the spiritual beliefs of others. It is important to note that the Quran in particular does not indicate violence as the main persuasive element for accepting Islam, the holy writings affirm ‘There is no force to believe! Rebellion is the difference between the right path and the wanderer, and the one who escapes from Taghut and believes in Alah to get the most durable toot that will never break …’ .

A brief introduction to Hamas history

Within these radical and ideological orientations of Islam, a series of groups have been concretized which have as main purpose the promotion of this type of political-religious behavior through violence (terrorism). A strong imprint on the history of contemporary terrorism was the Hamas Palestinian Islamist group (the name is an acronym of Harakat al-Muqawama al-Islamiyya, or the Islamic Resistance Movement). The general purpose of the organization is the conquest of the Israeli territories of the West Bank and the Gaza Strip, which, according to their claims, represent their historical, political and cultural legacy, which was later “unfairly” given to the State of Israel with its establishment on 14 May 1948.

Regarding the origins of this group, at a closer look there can be strong similarities (ideologically and organizationally) with Muslim Brotherhood-M.B. established in 1920, and with strong activity in Jordan and Egypt. Hamas is therefore classified as a detached group of M.B., which will have the first signs of autonomy around 1967, officially registered in Israel only in 1978 by Sheik Ahmad Yasin. In the early years, the group had the status of a non-governmental organization, so it worked as a good time as a non-profit foundation (the Al-Mudjamma Foundation). This type of organization has brought many adherents to the group, due to cultural and religious concerns (spread of Islam, cultural institutions funding, promotion of various religious circles, and last but not least, social workers) . Transforming the status of a non-governmental group into a terrorist will be progressive. In 1987, on the occasion of the first Intifade led by Ahmad Yasin and Muhammad Taha (who was at that time a distinguished leader of the MB in the Gaza Strip), Hamas is involved in the first violent forms of manifestation through direct participation in street violence and assassinations, Thus gaining a central role in the intifada. Beginning in September 1989, the organization will be outlawed by continued involvement in acts of violence and officially recognized as a terrorist group.

The significant stage of the Hamas expansion took place especially after the Gulf War, when terrorist activities grew both quantitatively (in terms of violence, membership, funding, etc.), mostly qualitatively (psychological impact, importance of murders, etc.). A large part of the high number of new members of the period is due to this war which has caused a large migratory phenomenon in the area, bringing especially a large number of refugees who were strongly attracted by the nationalist and Islamist solutions of the group . Currently, the organization is one of the most important Palestinian liberation movements alongside Fatah. However, after the death of Yasser Arafat, the head of the Palestinian Authority in 2004, there was strong divergence between the two groups on the assumption of the power initiative. After the election of Hamas in January 2006, due to Fatah’s refusal to obey the directives of authority, a bloody conflict will arise between the two groups, called “The Brothers’ War” (Wakseh), which had a stronger intensity between 2006-2007).

However, there have also been attempts to maintain peace and sign negotiations to at least settle conflicts between the two camps. A first such agreement was signed on 23 March 2008 at Sana’a in Yemen, which stipulated the surrender of some Gaza territories won by Fatah back to the Hamas authority, which had not been respected. Other such peacekeeping agreements were also signed in Cairo in 2011, with no unpredictable results. Currently, the ultimate act of reconciliation is the “Doha Understanding ” signed in 2012 by the main leaders of the two groups (Mahmmoud Abbas-Fatah and Khaled Mashaal-Hamas).

Ideological creed

Hamas’s fundamental ideological principles are set out in a programmatic document called the “Charter of the Hamas Movement ,” a document published in 1988 that includes 36 articles. These principles outline the group’s main lines of action and organization, articles that in most cases have aspects of Islamic religion but strongly ideological. The cardinal point of these articles is the damnation of the State of Israel, and the injustice that this state has brought under the auspices of western powers. Any compromise or understanding with this state is a violation of Muslim jurisprudence. According to this, Israel is “a conqueror” and “the liberation of occupied territories” is the key to the ideological creed. Among the charter fields, we mention: The association of the movement to the MB; Structure and essence of the movement; The space-time dimensions of the movement; Principles of independence; The universality of claims; The slogan of the movement ; objectives; Strategies and methods; and so on.

Military capabilities – organization – weapons – tactics

Without a doubt, Hamas is one of the top organizations of world terrorism when it comes to military capabilities. However, it is quite difficult to accurately quantify the operational units and the military arsenal in the context of a strong dispersal of the organization but also of the alternation of the peace periods – armistice – war. For such a tangible purpose (the establishment of the Palestinian Islamic State) under the conditions of an adverse international context (non-recognition by different countries as a state), the regional one (the wars in the area, the geopolitical and geostrategic influence of the US in Iraq, Afghanistan, etc.) or the national one (disagreements between organizations-ex: Fatah), Hamas dispenses with a whole logistic, propaganda and military arsenal to achieve the proposed goals.

In this area (West Bank, Gaza), the group has a number of regional and secondary centers. The infrastructure of the organizational framework presupposes :

‘ Fundraising and distribution infrastructure, as well as the organization of meetings (Daiwah)

‘ The security infrastructure (Amn; Jehaz Amn), which has direct responsibility for providing logistical and informational support to combat collaborators and spies. They also organize the interrogations and assassinations of important personalities.

‘ Propaganda publications (Al-Alam), which communicate the organization’s press releases, media and propaganda.

‘ The ‘Izz Ad-Din Al-Qassam’ brigades (I.D.B.Q.), which represent the military wing of the movement established in 1992.

‘ Palestinian fighters (Al-Majahadoun Al-Falestinioun) are the lance group made up of fighters who commit and coordinate terrorist attacks.

As for the military and security apparatus, Hamas has the following structure :

Hamas Organization (Fig.1)

The organization is a hierarchical structure that imitates the correct stratification of any contemporary modern army. The main command centers in Gaza-Damascus are found in cooperation and coordination relations, this bicephal leadership being a real logistic and strategic advantage. From a numerical point of view, if we quantify security forces, police and IDQBs, most studies claim Hamas has 15,000-16,000 potential combatants. Of these, the elite of the operational fighters consists mostly of I.D.Q.B.s, which are between 2,000 and 3,000 fighters . The I.D.Q.B. is organized in 6 brigades that have hierarchically subordinated battalions, which in their turn plutoane. If we compare the Hamas with the other groups in the area (Hezbolah or Al Fatah), it has the widest military staff .

Undoubtedly, we can argue that Hamas has impressive military capabilities. Without exaggerating, in terms of arms and military tactics used, they are comparable to many state armies. In terms of weapons, a true scientific study by Yiftah S. Shapir, entitled Hamas Weapons , shows that the organization uses a vast arsenal of both improvised devices and professional armament that is used by the most modern armies (U.S.A. or Germany). As an assault weapon, the main rifles and vending machines are: Ak47, AKM, Type 56 assault rifles, Colt M4A1 Carbine, Sig SG 552 Commando, Steyr HS .50. From the point of view of a possible direct confrontation, Hamas would not face the Israeli Defense Forces (I.D.F.), preferring a guerilla warfare based on sporadic missile launches. Hamas uses a large arsenal of standard but also modified rockets. Ballistic devices have an impressive range. Of the shortest range of action, we mention the 9M22U 122mm, 66.2kg rockets and the most commonly used -40km – are the 122mm WS-1E missiles weighing 74kg. Generally, most rockets have at least 4 kg of active explosive, and are capable of causing considerable damage. Generally speaking, these missiles are used in the following way : for targets up to 6 km, 81-122mm mortars are used; Up to 12km are used Qassam series missiles (90-115mm); Up to 40 km are used Grad / Katyusha 122mm missiles; Up to 80km are used modified rockets Fajr – 3 of 240mm . Most of these missiles are produced directly in Gaza by assembling components. In fact, a significant amount comes illegally and clandestinely from Iran or Russia.

If we want a brief outlook on Hamas ballistic capabilities, Cast Lead (or The Gaza War) provides data that highlights an extremely powerful capacity. During these confrontations that lasted from December 27, 2008 to January 18, 2009, Hamas launched more than 600 rockets, most of them Qassam (nearly 400) of 90-122mm in an area of over 70 square kilometers . To this, over 300 mortars and nearly 900 HTR (high-trajectory rounds) are added. The main targets of these launches were the Israeli cities Beersheva, Hebron, Jerusalem, Ramallah and Tel Aviv . As in the Lebanon war of 2006, Hamas also confirmed the lack of accuracy in addressing strategic objectives of the IDF. Thus, many of the missiles launched did not cause any damage to the enemy, and many of them have accidentally hit civilian targets. However, most rockets hit both civilian and military targets (especially in the southern area of Israel), causing a strong psychological and media impact .

Hamas’s defense strategy aims to use the urban agglomeration in maximum terms, where the movement manages to carry out its actions using the civilian population as a possible threat to I.D.F. threats. During the Gaza War, defense was conceived in three major urban centers – Rafah – Khan Yunis – Gaza City – around which security zones were built . The strip had three lines of defense – 1. the central zone of the city (defended by elite troops – commanders); 2. City entrance area – Defended by light brigades disposed in the eastern area in the form of semicircle; 3. the first line of defense (in the form of a security border) along the 64 km of the strip . In fact, the strategy designed by the leaders of the movement is very interesting to avoid a possible encirclement. Underneath each city, they dug long miles of tunnels through which they went outside the city, having the ability to surprise the enemy by attacking back attacks .

As for defensive weapons, Hamas uses the following defensive devices :

‘ Anti-tank devices ‘ RPG 7 Types; SAGGER AT ‘ 3; ATGM 4 ( Anti Tank Guided Missle)

‘ Antiaircraft ‘ SA ‘ 7 Types

‘ Mine ‘ Anti-tank, Anti-personnel

‘ IEDs ‘ improvised explosive devices ‘ different types

‘ IEDs cu EFPs ‘ explosively formed projectiles ‘ Shawaz

Geopolitical and military implications

The current deadlock in Israeli-Palestinian relations is not the result of a refusal to compromise between the two authorities – on the contrary, the two entities have tried to reach a consensus on various occasions. The central issue is the suspicion that the two sides have signed bilateral agreements on various occasions that have proved infallible and difficult to respect. Ultimately, this adversity of trust-based bargaining pushes Israel towards uni- versality and the Palestinians towards violence.

In this context, the bilateral relations between the two sides were marked by:

1. The initiation of superficial bargaining efforts, which have proved to be impossible to respect. The main aspect that permanently amplifies these military confrontations is the existence of an impressive military arsenal that can be used anytime.

2. The irreconcilability between the two authorities was amplified by the 2005 Hamas electoral gain, which in fact meant the uprooting of the organization’s terrorist actions based on popular support.

3. One main cause of the failure of the agreements signed between the two parties is that the penalties stipulated for the reopening of the armed conflict were not respected and the international community had a pale reaction.

4. Apart from the security and geopolitical aspects, the impossibility of reconciling the two sides is also strongly supported by ethnic, social and especially religious differences.

Conclusions and solutions

Knowing the complexity of the situation, the tensions in the area as well as the political, religious and social implications, as the author of this article, provide for the following situations:

1. Concluding an agreement aimed at the immediate cessation of violence. – Establishing a permanent peace.

This is an issue that would be of interest to both parties – Hamas would have the opportunity to administer the territory under its authority and to settle accounts with Al Fatah, while Israel would be able to handle the Iranian issue. Such bargaining attempts have taken place since the Clinton administration in 2000, the Taba Negotiations in 2001 or the 2003 Geneva Initiative. A resumption of these diplomatic discussions is hindered by Hamas for two reasons – 1. This peace would mean recognizing Israel’s legitimacy over the confluence territories of the two sides. 2. Hamas would lose the conflict initiative that provided its popular support, losing ground to Al Fatah rivals.

2. Israel’s withdrawal from the West Bank and the presence of delegated troops from the international community at the border between the two territories.

These terms of negotiation would help both camps. First, Israel would benefit from long-term secured security and Hamas could benefit from the possibility of establishing a state recognized by the international community. In the case of such an agreement, the issue of holy places and the problem of refugees could be regulated by evacuating Israelis from the West Bank and creating a separation route whose Israeli boundaries do not include the neighboring Arab territories of East Jerusalem, Ariel and the Ma’aleh region Adumin.

Returning to Islamic contexts, Islamic fundamentalist terrorism, as we have shown, is forbidden by the Quran and other Islamic laws, and fundamentalism is only a form of extreme manifestation of highly politicized Islamic beliefs and exegetical interpretations Of spiritual leaders. However, the main cause of Islamic terrorism is not the above-mentioned thesis, but rather the social conditions in the area and the Western interference in matters of domestic politics of some states, which has led to the emergence of nationalist feelings and repulsion, intolerance and fanaticism towards newcomers. Therefore, a clear distinction must be made between Islamic beliefs and Islamic fundamentalism, between which there is a deep abyss, both principles and action. Islam in any way does not legitimize attacks or bloodshed against the fundamentalist belief that legitimizes violence, and therefore any association between a Muslim and a suicide bomber must be removed, although prejudices of this kind dominate the Western collective mentality.

Although secularization and modernization are often seen by Oriental societies as forms of deviation from the path of Islam, they do not necessarily conflict with the rights and freedoms supported by the Quran and other Islamic laws (the right to life, tolerance, etc.). These steep upgrades in Arab societies have sometimes given the illusion of Islamic extremists of a “conquest,” and the only solution for defending territories is to rise to jihad. Hamas is one of these types of organizations, which struggle not only for the constitution of the Palestinian Islamic state but also for defending the conservative-traditional-nationalist principles mentioned above.

The issue of terrorism, in this context of economic and democratic globalization, still plays a fundamental role in thinking about the security of the world due to the dynamics and new forms it has, the world already confronting not only classical military terrorism but also biological terrorism, Cybernetic, etc. Still unresolved, the Near and Middle East issues have a strong impact on the international relations system, and still represent a constant threat to the world.

Bibliography

Books

1. Andreescu, Anghel; Radu Nicolae, Organizatiile teroriste: Conceptualizarea terorii vs. Securitatea european’, Bucuresti, 2008

2. Azmeh al- Aziz, Islams and Modentities, London, New York, 1996

3. Frunz’, Sandu, Fundamentalismul religios ‘i noul conflict al ideologiilor, Limes, Cluj-Napoca, 2003

4. Hanafi, Hassan, The origin of Modern Conservatism and Islamic Fundamentalism, in Ernest Gellner (ed.), Islamic Dilemas: Reformers, Nationalists and Industrialization. The Southern Shore of the Mediterranean, Mouton Publishers, Berlin, 1985

5. Waardenburg, Jacques, Islam. Historical, Social, and Political Perspectives, Editura Walter de Gruyter, Berlin, 2002

Official reports and Scientific studies

1. Delcea, Cristian; B’dulescu, Aurelian, 11 septembrie 2001- Cauze ‘i consecin’e, ‘Terorismul Azi’, Vol. III, September 2006

2. Siperco, Ian, Shield of David: The Promise of Israeli National Missile Defense, ‘Middle East Policy’, Vol. 17, No. 2, 2010

3. Zanotti, Jim, Hamas: Background and Issues for Congress, CRS Report for Congress, Congressional Research Service – 7-5700, 2010

4. Yiftah, S. Shapir, Hamas Weapons, ‘Strategic Assessment’, Vol. 11, No. 11, February 2009

5. Cohen, Yoram; White, Jeffrey, Hamas in Combat – The Military Performance of the Palestinian Islamic Resistance Movement, ‘Policy Focus’, No. 97, 2009

Internet/Other Sources

1. HAMAS Charta – http://www.fas.org/irp/world/para/docs/880818.htm

2. Quaran

3. Report: https://www.cartercenter.org/resources/pdfs/peace/conflict_resolution/Gaza_movement_and_fatalities_reportFINAL12209.pdf

Maternity Benefit Policies in India and USA: college admission essay help

Abstract

Women face several hardships on their way to a successful career. An issue that ties specifically this challenge to their work / workplace is that of maternity benefits. Several women through the years have, each in their own, faced issues regarding lack or inadequacy of maternity leave and/or benefits. Often times, even the legislation is not in their favour. Many jurisdictions do not have provisions for paid leave and benefits. But even with enacted laws, we see that implementation is a major problem. Very often, these provisions do not apply to corporations and private entities, or unorganised sectors.

This research paper while discussing the general ideas and theories, with sometimes research models and studies on maternity leave, also focuses on paternity leave and benefits, as another factor that really affects a woman during childbirth, child care and motherhood. It is sometimes the lack of support from the father, which can often be attributed to the lack of paternity benefits. With both parents on unpaid leave, supporting the family along with increased household expenses and healthcare and medical bills can prove to be a real burden on new parents.

The chosen jurisdictions are India and USA, with the focus being mainly on India and USA as an illustrative comparison to see how a well developed nation tackles one of the major issues that affect one half of their population at the workplace.

Keywords: maternity leave, paternity leave, shared benefits, parental leave, paid leave, women in workplace, employment benefits, gender equality, childcare.

1. Introduction

Parenthood is a vital experience in human life. This is especially important for women given the biological process leading up to childbirth, and convalescence thereafter. It may be necessary to state here the distinction between “maternity leave” and “parental leave”; maternity leave is the period directly before and after childbirth and parental leave being the time given to care for newborns. Often times, maternity leave is alone provided, and sometimes, especially in the private sector, not even that. However the contention is often as to whether the leave or benefits provided are adequate.

ILO Study

In 2014, the International Labour Organization reviewed parental leave policies in 185 countries and territories, and found that all countries except Papua New Guinea have laws mandating some form of parental leave. Another study showed that of 186 countries examined, 96% offered some pay to mothers during leave, but only 81 of those countries offered the same for fathers.

Political Models

Jeremiah Carter and Martha Nussbaum have developed a political model known as the Capabilities Approach, where basic freedoms and opportunities are included in economic assessments of a country’s well-being, in addition to GDP. Nussbaum proposed 11 central capabilities as the minimum requirement for a decent society. In Nussbaum’s model, states should provide the resources and freedoms to ensure people have the opportunity to achieve a minimum threshold of each central capability. Universal, paid parental leave is an example resource states can provide so people have the option of starting a family while also working; for instance, under capacity 10 (control of one’s environment), the state has a responsibility to ensure all people have “the right to seek employment on an equal basis with others.”

Gender Equality in Nordic Countries

Promotion of gender equality has featured on the political agenda of Nordic countries for decades. All Nordic countries have extended the total leave period, but their politics towards father’s quota are different. Norwegians think it normal for fathers to spend time with their children. If we want women to have equality in the workplace, we have to share the responsibilities in the home better. In Sweden 90 days cannot be transferred from one parent to the other—i.e. each parent gets at least 90 days of parental leave, thus the quota applies equally to both parents and is not specific fathers. The case of Denmark is interesting. With more than half the paid leave available to them, Danish fathers take very little of it as Danish men, on average, earn 16.4 percent more than women, which means many families are better off financially if the father continues working while the mother takes most of the leave. However, the dual earner/dual care model seems to be the direction of all the Nordic countries for their parental leave systems.

Parental leave in India

India has had a maternity leave policy on the books since 1961, it recently expanded the law in 2017. Yet, there is increasing concern and speculation that the law may have the unintended consequence of worsening the labour market for women, who already deal with social stigmas often associated with working women.

The lack of paternity benefit is an issue which is now being tackled by the legislature. In 2017, the Paternity Benefits Bill was introduced, which pushes equality in parental benefits. It has not however, been passed yet. It is still anticipated, and if passed, it would guarantee leave up to three months.

2. Lacuna in Law / Statute for Conducting Research

The present topic of maternity leave is of great significance to feminist studies as working women are an important parameter to assess the availability of freedom and access to opportunities that women in a society have at a given time. Maternity leave is a benefit that women ought to by right have as it is a basic need. The position in the industry and the laws of a nation can be examined to also determine the position of women in a society and the extent to which they are entitled to their rights.

Presently, India has made certain legal provisions to provide for maternity benefits to women in the form of Maternity Benefit Act, 2017. From the beginning there have been issues of compliance with the private sector, the unorganised sector, which lead to a major portion of the female workforce, being deprived of these rights. However, the central government has issued clarifications in order to mitigate these issues.

This research is primarily conducted to determine the present position of maternity benefits provisions in the country, and whether the new Bill if passed, is likely to make a positive impact on the situation.

3. Existing Statutory and Judicial Positions

The Maternity Benefit Act, 1961

This regulates the employment of women during the period before and after childbirth. Its key aim is to accord protection to the mother and the child in terms of maintenance, healthcare and to secure their well being and means of livelihood while the mother is not working. This would include and be in the nature of maternity leave, wages, bonus and nursing breaks among others. The Act has gone through several amendments, a significant one being in 2017 when the period of maternity leave was extended to 6 months.

The Maternity Benefit (Amendment) Act, 2017

There had been continual demand over several years to improve the maternity benefits provided to female employees. The primary intention was to ensure that the infants get wholesome nourishment and proper care. The International Labour Organisation in its Convention in 2000 recommended a maternity leave benefit for women of at least 14 weeks.

In 2015, the Central Government considered and implemented a recommendation made by the Sixth Central Pay Commission to relax the period of maternity to 6 months. This was done in line with the guidelines issued by WHO and the Indian Ministry of Health and Family Welfare that a baby needs to be nursed by the mother for a minimum period of 6 months. A few State Governments’ followed this example and relaxed the maternity leave to 6 months. Some of them went further to provide additional child care leave for a period of 730 days so that women employees could look after their children in special cases such as when the infant requires special care, or is suffering from some illness or disorder. Central Government employees were already enjoying the benefit of this child care leave. Several leading private companies voluntarily amended their maternity benefit policy to increase the maternity benefits and also introduced new age benefits such as adoption leaves, surrogacy leaves and paternity leaves. This was done even prior to the amendment in the Act was under consideration.

The Ministry of Labour and Employment, in its 44th, 45th and 46th sessions of the Indian Labour Conference recommended amendments to the Maternity Benefit Act, 1961. The recommendations were in line with those made by the Ministry of Women and Child Development. The Act was thereafter amended and approved by both the houses. It received the Presidential approval on 3rd April, 2017. The changes in the Act were made so as to encourage women to participate in the labour force and to improve their work-life balance. Infants can now be looked after by their mothers during their most important and formative months. This would lead to healthy mothers and healthier children. With the changes being implemented, India now ranks third on the list of countries with most maternity leave i.e., 26 weeks after Canada (50 weeks) and Norway (44 weeks).

Key amendments include:

1. Enhancement of the maternity leave: Paid maternity leave for women employees working in any establishment, with 10 or more employees, has been increased from 12 weeks to 26 weeks. Further, not more than 8 weeks of leave to the women employee shall precede the date of her expected delivery. The enhanced maternity leave will not apply to a mother of two or more children and such women employees will be eligible to only paid maternity leave for 12 weeks (of which not more than 6 weeks shall precede the date of her expected delivery).

2. Surrogacy/Adoption Leave: The Amended Act introduces 12 weeks of maternity leave to commissioning mothers who use a surrogate to have a child as well as to working women adopting a baby below the age of three months.

3. Introduction of Work from Home option: “Work from home” option post 26 weeks of the maternity leave for nursing mothers may be considered by the employer, subject to the job profile and on terms mutually agreed between the employer and the concerned woman employee.

4. Mandatory crèche facility: All establishments having 50 or more employees are mandated to provide a facility, either separately or along with other facilities offered in the office premises. The concerned women employee has to be permitted four visits a day to the crèche during work hours. Such visits shall include the woman employee’s rest interval. This provision alone will come into effect from July 1, 2017.

5. Obligation of the Employer: The employer is required to notify to every woman employee the maternity benefits and the company policy in writing and electronically. Practically, companies can consider to incorporate these provisions in their employee handbooks/HR Manuals.

Criticisms include that it will promote patriarchy as almost whole responsibility of child caring are on the mother’s as per this amendment. Government has not announced any leave for fathers. Many private firms may avoid giving jobs to such women who may enter into pregnancy period as then they have to give them paid maternity leave up to 26 weeks. The law will benefit only a small percentage of women who are working in organised sector ignoring the majority who work in the unorganised sectors like farmers, contract labourers etc.

Case Laws

Air India v. Nergesh Meerza

Facts

The terms and conditions of retirement and termination of services for air hostesses and male pursers were different and discriminatory, under the rules of the Air India Corporation Act (AIC) and Indian Airlines Corporation Act (IAC). This was in spite of performing the same duties and being part of the same cabin crew.

An air hostess under IAC had to retire from service on:

attaining the age of 35 years, or

marriage, if it took place within 4 years of service, or

first pregnancy

The issue examined in this case was whether this amounted to violation of the Constitution – Article 14 (right to equality), Article 15 and 16 (no discrimination on basis of gender).

Judgment

On the first condition of age, the Court held that the age of retirement was to be decided by the management after taking into account various factors such as nature of work, prevailing conditions, etc. However, the court struck down regulation 47 of the IAC, under which the Managing Director (MD) had discretionary powers to grant yearly extension to the air hostesses till the age of 45. This regulation was struck down as such discretionary power could result in similarly placed air hostesses being treated differently by the MD. Therefore, till the management amended this provision, all air hostesses would retire at the age of 45 years and the MD would have to grant yearly extensions to them, as long as they were medically fit.

The second condition was held by the Court to be constitutionally valid. It did not find any issues with the provision which required air hostesses to serve the airline with complete dedication for the first 4 years.

The Court took a very strong stance with regard to the third condition and called it “grossly unethical” and “deep rooted sense of utter selfishness at the cost of all human values”. After serving the organisation for a period of 4 years, terminating the air hostesses’ services due to pregnancy would mean forcing them not to have any children. The decision to continue work after having children is a personal one and should be made by the airhostess and not the airline. Pregnancy is a “natural consequence of marriage” and not a disability. Any discrimination on the grounds of pregnancy is unreasonable and arbitrary. This condition was held to be unconstitutional as it violated Article 14 and was struck down.

With regard to Articles 15(1) and 16(2), the Court held that they prohibit discrimination only and only on the basis of gender. If discrimination based on gender is coupled with other considerations, it is not prohibited.

Mrs. Neera Mathur v. Life Insurance Corporation of India

Facts

The petitioner was an employee of LIC of India. Her employment was terminated by LIC after she returned from maternity leave. The reason given was that she had withheld information about her pregnancy in the questionnaire which was filled out at the time of her appointment.

Judgment

The Supreme Court examined the questionnaire and found that it required all female candidates to provide information about the dates of their menstrual cycle, past pregnancies, etc. The Court held that the questionnaire was an invasion of privacy and directed LIC to reinstate the petitioner and delete the offending columns in its future questionnaires.

F.M. Kolia v. Manager, The Tiles and Pottery Works Ltd.

Facts

The petitioner had applied for maternity leave pay under the Maternity Benefits Act, 1961. The employer contested the claim on the ground that she had worked for only 143 days and was therefore not eligible. The establishment was a seasonal factory which worked for only 8 months in a year. The petitioner was unable to work during the rainy season as the factory was closed during that time. The establishment also remains closed for any other reason specified under the Industrial Disputes Act, 1947.

Judgment

Considering the seasonal nature of the establishment, the days during which the factory remained closed has to be added to the days that the petitioner worked. Keeping this view in mind, the Gujarat High Court held that she has undisputedly completed 160 days as required by the Act. She therefore qualified for the benefit under Section 5(2).

B. Shah v. Presiding Officer, Labour Court, Coimbatore and Ors.

Facts

The respondent is a woman worker working in Mount Stuart Estate belonging to the appellant. She was allowed maternity leave. After her delivery, the appellant paid her maternity benefit amount equivalent to average daily wages for 72 working days for the 12 weeks of maternity leave, excluding 12 Sundays being wage less holidays. Her claim for 84 days, being wages for all seven days of the week for 12 weeks was refused.

Judgment

The Supreme Court applied the beneficial rule of construction in favour of the woman worker. The Court observed that the benefit under the Act along with Article 42 of the Constitution was intended to support the woman worker not only to subsist but to make up her dissipated energy, nurse her child, preserve her energy as a worker and maintain her level of previous efficiency and output. During the maternity period, a woman cannot work for a living and also needs extra income for her medical expenses to preserve her health. The Court therefore held that all Sundays and rest days must be included for the computation of the maternity benefit.

4. International Comparison

United States of America

Maternity leave in the United States is regulated by US labor law. There is a right to a temporary and unpaid period of absence from employment granted to expectant or new mothers during the months immediately before and after childbirth. These policies are generally aimed at supporting the mother’s full recovery from childbirth and facilitating a stronger mother-child bond. The Family and Medical Leave Act of 1993 (FMLA) requires 12 weeks of unpaid leave annually for most mothers of newborn or newly adopted children.

This is one of the lowest levels of leave in the industrialised world. In comparison to other countries, the United States is one of the only countries in the world, and the only OECD member, that has not passed laws requiring business and corporations to offer paid maternity leave to their employees. The FMLA is the only law that addresses family leave. Two other Federal laws, the Pregnancy Discrimination Act and the Patient Protection and Affordable Care Act’s amendment of the Fair Labor Standards Act, provide some additional protection for parents on the birth of a child.

State Legislations

As of 2016, 12 states have enacted no additional laws or programs to support family leave before or after birth. Fourteen states, along with the District of Columbia, have addressed eligibility requirements by lowering the firm-size threshold from 50 or more employees down to as low as 10 employees. Seven other states, in addition to the District of Columbia, have adopted more generous maternity leave lengths that allow longer absences for the purpose of child rearing. Moreover, some states have enacted legislation enhancing the benefits of leave programs.

California, New Jersey, and Rhode Island for instance, operate programs that require private-sector employers to pay their employees who utilise maternity leave at partial replacement rates. New York passed paid family leave legislation, which includes maternity leave, in 2016 — starting off at 8 weeks and 50% of pay in 2018, and reaching 12 weeks and 67% of pay in 2021.

Washington state passed a paid family leave bill in 2007, but it lacked a funding mechanism and has not yet gone into effect. Hawaii, Puerto Rico, and the District of Columbia designate childbirth as a temporary disability thus guaranteeing mothers paid maternity leave through Disability Insurance (TDI) provisions.

Federal Policies

The Department of Defence has regulated the amount of maternity leave a military member can take. Before February 5, 2016 the leave was six weeks long for active duty members or reservists who had previously done twelve months of active duty time. On January 28, 2016, the Defense Secretary, Ashton Carter, increased the paid maternity leave to twelve weeks for all branches. Traditional reservists, however, are given an eighty-four-day excusal, not leave.

In the United States Air Force AFI36-3003, it states that the maternity leave starts after being released from the hospital from giving birth, as also defined for other branches. “Shared benefits” can be created if both parents are active Air Force members. Therefore, a sum of up to twelve weeks can be taken by one parent or distributed amongst the two parents. However, two married active duty members cannot create “shared benefits” in the Army, according to the Army Directive 2016-09 (Maternity Leave Policy).

Paternity Leave

California is the first state to offer paid paternity leave (six weeks, partial payment). New Jersey, Rhode Island, and New York have since passed laws for paid family leave. In the other states, paternity pay weeks are not offered (therefore neither paternity paid leave weeks), but fathers have access to unpaid paternity leave to care for their newborns. Often, fathers will take sick days or vacation time when they have newborns. There is also a growing number of fathers that go unpaid. Some employers are required by law to allow 12 weeks of unpaid family leave after the birth or adoption of a child. This law is under the Family Medical Leave Act. Fathers who have access to paid paternity leave give mothers the opportunity to engage in paid work, with a positive effect on female labor force participation and wages.

The United States military branches also show a minimal paternity leave. Although some branches give more time after the birth to take the leave, all branches give to ten days. This type of leave is only applicable to those who are married.

Longer paternity leave increases the father’s engagement with a child, which leads to the child’s improved cognitive and mental health outcomes and fewer behaviour problems.

5. Conclusion and Suggestions

Women have faced discrimination on innumerable grounds for the longest time, and this pattern continues. For working women, one of the major hurdles in their career is the lack of adequate maternity benefits. A woman should not have to choose between her career and her family, and it is unfortunate that in this day and time, we continue to face an unavailability of adequate provisions for something so vital to a woman’s life as motherhood. This issue has been exacerbated by not making adequate provisions for men to care for their newborns.

Parental leave sees more discrimination in gender than most other workplace benefits as childcare is so often associated with childbirth, an act only a woman can perform. Lack of paternity benefits puts more pressure on a woman and her career and often affects the household.

India’s Maternity Benefit Act has been a boon to women employees in the organised sector. Various judgments of the Supreme Court and High Courts have aided in protecting and empowering women, by justly implementing the provisions of the Act. The enactment of the Maternity Amendment Act has made this legislation one of the most progressive enactments in the world in terms of maternity benefits.

Several maternity benefits provisions and legislations in Nordic countries have been discussed world over as an exemplary method and system. While they certainly inspire other jurisdictions to follow in their path, several conditions unique to these nations also make this system possible. To implement these laws as they are in other jurisdictions is often affected by local politics, societal scenarios, and fiscal deficits.

The USA is infamous for its low levels of parental leave and benefits, also since it does not make for specific provisions to implement any regulations for corporations. This puts a massive fraction of the workforce out of the ambit of these protections and benefits. Several studies have proven the benefits of parental leave, even affecting biology. A study showed that mothers who are not engaged in employment may be more able to participate in consistent breast-feeding; babies who are breastfed may be less likely to get a variety of infections and are also at a lower risk for asthma, obesity, and infant death syndrome.

Criticisms would chiefly call for longer leave and better benefits, so that parenthood does not become more of a burden than a joy to new parents. For parents with subsequent children and adopted children, the benefits and leave are different, which is not always just.

There is a major lacuna in the provisions for the unorganised sector. In the Indian scenario, the central government has recently come up with a clarification to remove ambiguities and bring within the ambit of these laws a larger segment of the workforce. However better benefits and clear provisions to benefit these women must be established to remove further and future ambiguities

The Paternity Benefits Bill is still being reviewed and its enactment is likely to lead to greater benefits for the household. If this Bill becomes an Act soon, parents may be able to better share the responsibilities of childcare. The delay in enactment poses to be an issue to new parents and the legislation must be enacted at the earliest.

It is important to believe that parenthood includes responsibilities attributed to both parents. By sharing them alone, the careers of a majority of women can be far less affected. A major hurdle is the idea of bearing the responsibility singlehandedly. If fathers can legally be benefitted by their employers, childcare may be better managed and a birth in the family would be a joy that both parents can enjoy, as they equally deserve to.

Ibn Khaldun and Durkheim: college essay help near me

Ibn Khaldun and Durkheim were sociologists who have had ideas and theories that each is still relevant and used until the current era. It is important to know the biographical background of ibn Khaldun so his thoughts can be compared to Durkheim’s thoughts.

Abd al-Rahman ibn Khaldun was a historian theoretical Muslim Arab philosopher who has influenced the Muslims in the 14th century. Ibn Khaldun was born in May 1332 in Tunis but his ancestors were originated from Yemen that was participating in politics. Since he was a Muslim, he was taught by his father the Quran and Hadith. He also studied with scholars that taught him grammar, jurisprudence, rhetoric, philology, and poetry. However, the major thing that changed the life of Ibn Khaldun was the plague that they encountered in Samarqand and Mauritania. Afterward, Ibn Khaldun was granted his first public mission that has marked the beginning of his political career. Therefore, the traditional division among sciences including religious and non-religious ones not necessarily were useful sciences, was the result of Ibn Khaldun’s point of view on science. His view on science makes it a point to negate enchantment, chemistry, astrology, and reasoning in his book “Al-Muqaddima”. Hence, his work turned into a record of the improvement of sciences in his era. In addition, he also has made his own view on philosophy which he seeks to correspond mysticism and theology. According to Dr. Muhammad Hozien, “Philosophy was regarded as going beyond its appropriate level of discourse, in that the intellect should not be used to weigh such matters as the oneness of God, the other world, the truth of prophecy, the real character of the divine attributes, or anything else that lies beyond the level of the intellect”. Thus, he affirmed that the order of being and its movement toward the Necessary Being and God, cannot be possible without revelation. Eventually, at the age of seventy-four, Ibn Khaldun died in Cairo, Egypt, in March 1406 (Hozien, n.d.).

Similarities and differences can be found between Ibn Khaldun and Durkheim, but the fact that there are not many similarities, the differences are various. In knowing the common things between the two philosophers that they were both social cohesion theorists. Khaldun, similar to Durkheim, regarded religion as a culturally decided social actuality. That implies that religious laws are not a necessity to proceed and continue the civilizations. Therefore, Khaldun, like Durkheim, preceded concerning assuring the positive job of religion in social control and in the harmony of society. Moreover, both were aware of segmentary societies but the difference lies in how it was used in the matter of interpretation and evaluation of each. In Durkheim’s perspective, the segmentary societies were known and exemplified as a mechanical solidarity which can be based on similarity as a way of cohesion. Thus, he was against it to be an organic solidarity because then it would be more based on complementary rather than similarity. Yet, for Ibn Khaldun, he was not opposed with the idea of either mechanical solidarity nor organic solidarity, more likely, he opposed the idea that segmentary societies were a way of cohesion since he viewed it as a way of social dissolution. Hence, the key factor here is the use of cohesion in which Durkheim thought that cohesion is necessary to unite the society whereas ibn Khaldun thought that it is not proper to use moral or social salvation. Therefore, it can be said that Ibn Khaldun and Durkheim are different in which Durkheim was supporting the social cohesion to differ between the mechanical solidarity and the organic solidarity while Ibn Khaldun, although he knew about the two solidarities, organic solidarity was not recognizable according to him because he was against that the organic solidarity refer to be as the foundation of any solidarity.

By knowing the similarities and differences between the two sociologists, it is clear that each of their ideas is reflecting the civilizations that they lived in. this is due to the fact that Durkheim was from a European background and Ibn Khaldun came from a Muslim background.

Cultural expression of Islam in Indonesia

Indonesia is considered as a secular state. However, a number of different religions exists and are practiced in the country, with these religions yielding a collective influence in the political, economic and culture of the country. The country has strong Islamic influences with over 87.2 per cent of the population being strong Islam followers. Therefore, Indonesia is a secular and a democratic country with strong and ideological Islamic influences. The Islam religion is believed to have come to Indonesia through the Arab traders in the early 700’s, and by 1400’s the religion had spread rapidly due to growing numbers of Islamic preachers and faster development of trade. Till today, Indonesia is still experiencing the process of Islamization that has been happening for many centuries and still is ongoing. Today, the center of Islamic civilization in the whole world has shifted to Indonesia with the country hosting the largest Muslim population equal to 207 Million, compared to all other countries in the World. Therefore, Indonesia hosts a majority of the Muslim population. This paper discusses the contemporary expressions of Islamic beliefs and practices that are particular in Indonesia.

a) Contemporary Beliefs and Practices

In order to increase their God-consciousness (taqwā) about Allah, the Muslims in Indonesia do engage in a variety of devotional activities. Indonesia is the largest Muslim populated country with this high population of Muslims following the Sunni Islam. According to Harvard Divinity School (2010), the Sunni Muslims in Indonesia base their faith and all their beliefs and ritual practices on the “Five pillars of Islam”. These beliefs and ritual practices are based on the Quran and Sunnah. The interpretations of the practices have some variations compared to the prescriptions of some common Islamic legal schools. After establishment in Indonesia, the five pillars of Islam were interpreted by the ‘ulamā’. The five pillars of Islam are:

1) The Shahādah – this bases the Muslim faith in the testimony of the unity of God and the prophethood of Muhammad;

2) Ṣalāt – canonical prayer;

3) Zakāt – alms;

4) Ṣawm – fast of Ramadan;

5) Ḥajj – pilgrimage to Mecca (Harvard Divinity School, 2010).

The Muslims in Indonesia accept the fast of Ramadan, pilgrimage, alms and canonical players almost universally. The five pillars define the contemporary beliefs and practices of Islam, with their variation from group to another creating room for the diversity in Muslim practice (The Islamic Bulletin (n.d.). For instance, the canonical prayers are performed in the congregation or individually, and this may be in a mosque or anywhere else. The practice of Islam through performing the five pillars constitute the basic practices and beliefs that Muslims in Indonesia need to perform in order to submit to Allah. Moreover, there are some duties that the Muslim need to perform to fellow human beings such as devoting to spend resources, money, time and energy in order to enhance the welfare of other fellow human beings. The giving of zakaat as a charity tax is the donation of one’s wealth in order to help those in need.

The basic beliefs in Islam are based on Oneness of God; “Tawheed”, the believe that Allah is the One and Only supreme God, whom all must believe in His existence and in all of the Allah’s attributes. These attributes include the oneness of Lordship, oneness of worship and the oneness of Allah’s name and attributes (The Islamic Bulletin, n.d.).

b) Sectarian Affiliations

Part of an old Indonesian tradition that goes past the last centuries is the making of a vigorous hybrid of Islam’s religious principles adapt to the local customs. The majority of the Indonesian Muslims are affiliated to Sunni Islam. The Sunni Islam is based on the Shafi School of jurisprudence. The Muslim groups and the affiliations of different Islamic organizations in Indonesia have their ideologies based on Sharia. Therefore, the Islam in Indonesia is affiliated to Sunni Islam and predominantly relies on the hadiths for Sharia and the Quran (Sakr, 2018). According to Sakr (2018), the legal sources of the Islam religious are the Qur’an and the Hadith with Qur’an being the word of God that is intact in their originality, totality and authenticity. The Hadith contains the deeds, sayings and endorsements of Prophet Muhammad.

c) Important Founding Figures/ Saints

The religious activities in Java, Indonesia holds the key to the history of Islam in Indonesia. The Wali Songo also known as the nine saints played a key role for spread of Islam in Indonesia. When Islam arrived in Java, Indonesia, the Wali Songo were the immediate Islamic leaders and these Walis became to be regarded as the Islamic scholars due to their spiritual powers and intense knowledge on Islamic religious affairs. The spread of Islam in Indonesia is attributed to the mystical message and role that the Walis played. The nine Saints are responsible for the construction of the Great Mosque of Demak completed by a single night. These nine Walis were the pioneers of Islam in Indonesia and their graves are still preserved in the in West, Central and East Java. The 9 saints of Islam in Indonesia includes: Maulana Malik Ibrahim, Sunan Ampel, Sunan Bonang, Sunan Giri, Sunan Drajat, Sunan Kalijaga, Sunan Kudus, Sunan Muria, and Sunan Gunung Jati (Indo Magic, 2018). According to Topsfield (2016), the Muslims in Indonesia believe that the Wali Songo are close to Allah, they are saints whom they ask to say a prayer to God in regards to their problems. The legacy of the Wali Songo has had great influence in the spread of Islam in Indonesia.

Islam was established by Prophet Muhammad in the seventh century A.D. in the areas around the Arabian Peninsula. With Indonesia continuing to receive traders through the Indian Ocean in the years around the twentieth century, the influences with the Arab traders resulted to the 85 percent of the local inhabitants of Indonesia considering themselves to be Muslims. The process of Islamization in Indonesia is obscure since there lacks evidence from both the historical and archeological sources. Therefore, Islam faith was propagated by the Arabian Sea and Indian Ocean traders, with religion taking roots in the coasts of Sumatra, Java, and the eastern archipelago.

Venetian traveler Marco Polo travelling to archipelago, Indonesia is associated to the first reliable evidence of Islam in the year 1292. Marco Polo discovered Perlak, an Islamic town surrounded by non-Islamic neighbors. Another Arab traveler Muhammad ibn-‘Abdullah ibn-Battut in years 1345-46 reports having visited the same Islamic town, and reports of expanding Islamic influence. The advent of Islam in Indonesia dates back to the time of Muhammad. Also, Raden Fatah who was a Muslim Sultan played a key role in the expansion of Islam along the coastline in Indonesia (Jeffrey Hays, 2013).

d) Islamic Political Influences

Indonesia is not an Islamic state. However, the Islamic principles play a great role in influencing the politics, political decision making and governance of the country. The regional decision making processing in Indonesia are greatly determined by the regional religious context. Considering that the nation hosts a Muslim majority and that Muslims dominate politics, then Indonesia as a whole is Islam oriented and this makes it hard to have a president who is not a Muslim in Indonesia. Despite the Muslim majority in Indonesia, the nominal Muslims would never agree to the establishment or the implementation of Islamic Sharia law. For this reason, Indonesia has had a female Indonesian president in 2001, and only a small minority rejected her on the basis of Islamic doctrines (Schaar Investments, 2018).

e) Religious demographics and Minority Populations

The government in Indonesia recognizes six official religions. These include Islam, Protestants, Catholics, Hinduism, Buddhists and the Confucianists. In Millions, the religious demographics of the six religious groups is as shown below:

The above statistics show that Indonesia is a Muslim-majority country with over 207.2 Million Muslims. This makes the country the most populous host of Muslims in the world which is more than the population of Muslims in entire Middle East combined.

a) Local Religious Holidays

Holidays in Indonesia are either religious, national, commemorative or international holidays. Each of the six religions in Indonesia holidays celebrate different holidays important in their faith. Some of these holidays are national holidays.

The Christians holidays include the Good Friday (Wafat Isa Almasih) to commemorate death of Jesus, the Easter Holidays or Hari Paskah or the Kenaikan Isa Almasih, and the Hari Natal – Christmas day commemorating birth of Jesus.

While the Islamic holidays include the Eid’l Adha which commemorates the feast of sacrifice for Prophet Ibrahim, The Muharram which is Islamic New Year according to the Islamic lunar calendar also known as the Hijriah, Maulid to commemorate birth of Prophet Muhammad, and Eid’l Fitri holidays to mark end of Ramadan.

The Islamic New Year is an important holiday in the Indonesian culture. This holiday celebrates the founding of Islam and the Prophets migration from mecca to medina also known as the Hijra.

There are many traditions practiced in Indonesia to celebrate this holiday that cannot be found outside of Indonesia. In many rural communities in east java, Muslims offer food in central locations to honor god. Some of the food offering include fruit, rice, and vegetables.

These offerings are known as Gunungan. After the food offerings, a ceremony known as Larung Pendam Sadi is performed. This ritual asks god for good fortune. It shows god that the people of the community are thankful for what god provided them. In other cities like Pontianak, many Muslims participate in long marches and during the marches they will pray and reflect on their lives. (Islamic New Year 2019 and 2020, 2018)

Moreover, the mawlid Nabi holiday, which celebrates the Prophet’s birthday is during the month of Rabbi’ Al-Awal which is the first spring season of the Islamic lunar calendar. In Indonesia, Muslims gather to recite prayers and thank Allah for his blessings. Also, speeches and lectures are made in mosques and other places about life and instructions of the Prophet and after the prayers, sweets are distributed. It’s also a family occasion, where people dress up in their best outfits and kids receive gifts and money. In addition, other cities in Indonesia like Yogyakarta and Solo (Surakarta), Muslims celebrate this holiday by carrying out parades and carnivals. They recite holy prayers and songs called “Barzanzi”. During the “Mauludan festival” tradition, there are food competition to which the people believe has been blessed by the prophet. (Indonesian Holidays, 2018)

Other celebrations such as Hari Waisak which commemorates Buddha’s Birthday, and the Nyepi, or the Day of Silence, which celebrates the Hindu new year.

b) Important Shrines and Holy Sites

The hilltop Islamic shrine in central Java, known as the Gunung Kemukus shrine is usually visited by the Muslims from all over Indonesia who come to offer their prayers, and flowers at what is regarded as the sacred grave. The shrines hosts the tomb of Prince Samudro who played a significant role in the spread of Islam to the people of Majapahit. The people visit the shrine with the belief that visiting this place provides blessings and boosts one’s fortunes. Some of the rituals performed in this mountain involves adulterous sex (Henschke 2014).

Lombok in Indonesia is an ‘island of 1,000 mosques’ where Muslims visiting the island find places of worship among the many shrines dedicated to ancient Muslim preachers. According to Santos (2018), the Indonesian authorities have reserved Lombok in order to attract Western tourists to the beaches, and other tourists’ attractions as this promotes Islamic Heritage and tourism from Muslim travelers.

The Ministry of Tourism, Indonesia (2018) discusses the numerous Mosques which are important places of worship for Muslims in Indonesia. Muslims gather in these places of worship to pray, worship and bring themselves closer to Allah. The Grand Istiqlal Mosque in Jakarta, Indonesia Capital city is the largest in Southeast Asia and is named Istiqlal meaning independence to commemorate Indonesia’s independence.

Dian Al Mahri Mosque also known as the Golden Dome Mosque is located at the outskirts of Jakarta. This shrine of worship is open every day for prayers. The mosque has a gold-plated dome that glitters in the sun.

The Rahmatan Lil-Alamin Mosque is a majestic mosque located at Indramayu, west Java. The mosque has 7 floors and a spacious top floor with a capacity of 4,000 people. The total height of the mosque is 73 Meters high.

The Menara Kudus Mosque is among the oldest in Indonesia. The mosque is located within central Java town of Kudus. The mosque is articulate center that boasts of Hindu-Buddhist architecture and is popular among the Muslims visiting central Java for pilgrimage.

a) Cultural Expressions of Islam in Indonesia

The Muslims in Indonesia do express their Muslim cultural heritage which is predominantly developed around Islam. The teachings of the Qur’an including prayers and other Islamic beliefs defines the traditional and cultural expressions of the Islam. The music, dance, theatre and martial arts are some of the cultural expressions mainly dominated by Islam However, there is the influence of the other local ethnic groups in the country. There are many artistic traditions in Indonesia, most of them existed before the Islamic era but have absorbed the Islamic influence. The batik, which is an “Indonesian dyeing art”. It incorporates Islamic calligraphy and Islamic patterns, also the batik portrays the “buraq” which is an Islamic mythical creature.

Moreover, the Wayang, a puppet creature, is a form of puppet theater art found in Indonesia and southeast Asia. Many Islamic teaching were taught using these puppets.

The history of dance in Indonesia can be divided into the Hindu-Buddist period and the Islamic period. The Saman dance, which adopted Arabic and Persian music styles and dance was previously performed during the celebration of the prophet’s birthday. (Islam in Indonesia, 2018)

Moreover, the cultural expressions is also affected by the foreign influences due to trading routes visited mostly by the foreigners from Middle East, South Asia, and Far East. With time, the cultural expression of Islam in Indonesia has been influenced by the western culture, the issues such as science, entertainment, technology and foreign cultures.

The cultural expression of Islam in Indonesia has a great connection to the Arabic culture. The core elements of Islam consists of professing Islamic faith, the hajj, fasting, daily prayers, and the giving of alms. In addition, the Muslims in Indonesia participate in different celebrations, and numerous rites of passage that have strong Islamic connections (Laffan, n. d.).

Locke and The Declaration of Independence: essay help site:edu

Introduction

“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their creator with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness” .

This line is often quoted to exemplify John Locke’s conception of Natural Law and its’ influence on Thomas Jefferson as he drafted the Declaration of Independence. However, Jefferson’s understanding of Natural Law is the culmination of a Natural Law revolution that was sparked almost 100 years earlier in the form of the Glorious Revolution in Britain. To fully understand Natural Law’s influence on the Declaration of Independence one must understand the circumstances surrounding John Locke as he wrote The Second Treatise of Government where he famously said; “The state of nature has a law of nature to govern it, which obliges every one: and reason, which is that law, teaches all mankind, who will consult it, that being all equal and independent, no one ought to harm another in his life, health, liberty or possessions” . The similarities between the two quotes is not a coincidence.

Our examination will begin with the Glorious Revolution and the 100 years following it that led up to the Declaration of Independence and American Revolution. Next, we will examine the Natural Law influences on Thomas Jefferson and the Declaration of Independence itself. Lastly, we will analyze the lasting impacts of the Declaration of Independence and Natural Law on the United States.

The Sparks of Revolution

The late 17th centaury in Britain was a time of unrest, King James II, who was catholic, took the throne in 1685 in spite of the ultra-Protestant Whig’s efforts to exclude him. After the new king took the throne, the Protestants greatest fears were realized; King James coerced the Court of the King’s Bench into repealing religious restrictions and made several other Pro Catholic moves. Freedom of religion sounds great in today’s more liberal society, but for the conservative culture of 17th centaury Britain, the thought was both shocking and infuriating. The straw that broke the camel’s back occurred when the king bore a son and cemented what would be a Catholic dynasty in Britain. In 1689, the Whigs could no longer stand by and watch their protestant influence in the government crumble. The Whigs relied on the writings of John Locke in his Two Treatises on Government and his conception of Natural Law to revolt and overthrow King James in favor of William.

Locke’s writings in the Two Treatises on Government focuses on social contract theory and the right of those being governed. When it comes to revolution Locke wrote;

“for no man, or society of men, having a power to deliver up their preservation, or consequently the means of it, to the absolute will and arbitrary dominion of another; whenever anyone shall go about to bring them into such a slavish condition, they will always have a right to preserve what they have not a power to part with; and to rid themselves of those who invade this fundamental, sacred and unalterable law of self-preservation, for which they entered into society and thus the community may be said in this respect to be always the supreme power” .

Passages like this make it obvious why Locke’s writing go hand and hand with revolution and inspired both the Glorious and American Revolution. Locke’s popular sovereignty conception of Natural Law was a stark change from previous Natural Law thinkers who emphasized the need for authoritarian leaders. Unfortunately for Locke and the colonies, after the Glorious Revolution was successful his radical approach was cast aside.

The new British government headed by King William quickly averted from Locke’s ideas that inspired the revolution in favor of Thomas Hobbes’ more conservative interpretation of Natural Law. As so often happens, the winner writes the history books, usually in a way most beneficial to the winner and the new British government did just that in their characterization of the revolution. According to the new monarchy, after the Glorious Revolution successfully removed King James II from power, his departure from the throne was characterized as an abdication instead of an arrest and exile. This distinction is important because it allowed the British to emphasize continuity and preserve the monarchy, which is much more sustainable under conservative Natural Law. The most prominent conservative Natural Law minds that King William relied for the preservation of the monarchy included Thomas Hobbes, Hugo Grotius, and Samuel Pufendorf. The conservative thinker’s interpretation of Natural Law emphasized a strong absolute version of political sovereignty and generally rejected the right to self-government and the right to revolution in favor of uncontrolled authority to those governing. The strict conservative Natural Law interpretation became particularly problematic in the colonial setting where the British grounded their authority to govern and tax the 13 colonies in the notion that Parliament is the absolute authority throughout the British empire. Thus the match was struck that would fuel the fire of the American Revolution.

American Natural Law development began somewhere between the ultra-conservative teachings of Hobbes and the more liberal teachings of John Locke. Leaders in the colonies attempted to balance the ideas of Lock concerning self-government with respect to taxation and the conservative principle of parliamentary sovereignty in the empire. However, the increases in taxation caused unrest and the authoritarian ideas of Hobbes lost their popularity.

One of the prominent slogans that sticks with children as they are taught the history of the American Revolution is “No taxation without representation”. The inception of this idea actually came from James Otis who championed John Locke’s ideas from Two Treatises of Government in his writing; Rights of the British Colonies Asserted and Proved. In an excerpt from Rights of Government in his Rights of the British Colonies Asserted and Proved, Otis writes;

“I say supreme absolute power is originally and ultimately in the people; and they never did in fact freely, nor can they rightfully make an absolute, unlimited renunciation of this divine right. It is ever in the nature of the thing given in trust, and on a condition, the performance of which no mortal can dispence with; namely, that the person or persons on whom the sovereignty is confer’d by the people, shall incessantly consult their good. Tyranny of all kinds is to be abhor’d, whether it be in the hands of one, or of the few or of the many.”

Otis took Locke’s Natural Law social contract theory, which states that the power to govern comes from those that are governed, and applied it to taxation. By using a slippery slope argument, Otis basically said that without representation there is no limit to the amount of British taxes that can be levied on the colonies. Otis went so far as to claim “taxation without representation is tyranny” Otis inspired the American Colonists to reject the Stamp Act of 1765 and the Townsend Duties of 1767 but Parliament considered the resistance illegal and used British military forces to enforce laws.

As British Influence tightened around the colonists like a noose the Natural Law theory became more and more liberal. Otis stopped short of advocating for independence stating that “Parliament is uncontrollable but by themselves, and we must obey. They can only repeal their own acts.” But James Wilson, Thomas Jefferson, and Thomas Paine went further. They doubled down on Otis argument and argued that the colonies had no relationship with Parliament, their only tie to Britain was the Crown. Under Locke’s social contract theory, since the colonists had not delegated authority to the British Parliament they had no authority to impose taxes or any other law for that matter. In Considerations on the Authority of Parliament, James Wilson argued that the colonies being bound by the legislative authority of the Parliament of Great Britain was “repugnant to the essential maxims of jurisprudence” . In Thomas Jefferson’s Summary View of the Rights of British America, Jefferson subscribed to Locke’s more radical conception of Natural Law. Jefferson Famously stated that after the Glorious Revolution the British Monarch is no longer absolute and the King is merely a “chief officer of the People, appointed by the Laws and Circumscribed with definitive powers” that are not limitless. Jefferson also stated that all British colonies, including those of America, are united solely by the fact that they have the British Monarch as Chief Executive and that the Chief Executive has no power over the colonies because Parliament’s legislative power is exclusively domestic. Finally Jefferson argued: “From the nature of things, every society must at all times possess within itself the sovereign powers of legislation” . Lastly, Thomas Paine went the furthest of all in his famous pamphlet Common Sense. Paine argued that the concept of a Monarch in and of itself is against the principles of Natural Law and the idea of kings and subjects was particularly troubling to him. Specifically Paine states that “no natural or religious reason can be assigned, and that is, the distinction of man into Kings and Subjects.” Thomas Paine’s call for independence was the culmination of the American Natural Law development and it would not be the last. Later that year the Thomas Jefferson would formalize Locke’s influence on the colonist in the Declaration of Independence.

The Text and the Man Behind It.

54 years after Two Treatises on Government was published and 39 years after the death of John Locke, a baby boy named Thomas Jefferson was born in Shadwell, Virginia on April 13, 1743. This same baby boy would go on to be the Author of the Declaration of Independence and the champion of John Locke’s ideas on natural rights and the right of revolution.

Thomas Jefferson began his philosophical and political career at William and Mary College in 1760, where he befriended Professor William Small, Lawyer George Wythe, and Lieutenant Governor Francis Fuaquier. The three often dined with Jefferson and where big influences on his legal and political career; Wythe taught Jefferson law for two years and the trio encouraged Jefferson to eventually gain admittance into the house of Burgesses in 1769. Jefferson stopped practicing law in 1774 and wrote his very famous, previously mentioned, Summary of the Rights of British America. It was clear after the publication that Jefferson’s real calling was writing and the place where he really belonged was the Continental Congress. Jefferson was elected to the Continental Congress in 1775 as the second youngest member in its history at the ripe age of 32. Upon his election, it was decided that he would join a committee composed of John Adams, Roger Sherman, Benjamin Franklin and Robert Livingston who would be responsible for drafting a document declaring the 13 colonies independence from Britain. It was also decided that Jefferson would be responsible for composing the first draft of said document. Little did Jefferson know he would go on to personally draft what would become one of the most famous documents of all time, the Declaration of Independence. After several weeks of very hard work, Jefferson produced a document that focused on life, liberty and the pursuit of happiness as well as a government by the people and for the people. After editing and revisions by members of the committee, the document was approved on July 4, 1776.

The Declaration of Independence is broken down into four separate sections; The Preamble, A Declaration of Rights, A Bill of Indictment, and A Statement of Independence. Over the next several paragraphs, each section will be broken down and the Natural Law elements advanced by Locke will be identified.

The Preamble is rather brief and it explains why the colonists wrote the Declaration of Independence. It justifies the 13 colonies separating from Britain to the rest of the world specifically stating;

“When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected 5 them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.”

From the very beginning Jefferson makes no effort to hide the Natural Law influences, he cites “Laws of Nature” and rights that “Nature’s God entitle them” as the primary source of authority to justify the separation.

The Declaration of Rights portion of the document is the meat and bones of Jefferson’s efforts from a philosophical standpoint. This portion also draws directly from the teachings of John Locke when Jefferson writes;

“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.–That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, –That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.”

Although a portion of this quote was referenced earlier, it is important enough that it is once again addressed. The “Life, Liberty and the pursuit of Happiness” portion draws directly from Locke’s Two Treatises on Government with a slight deviation, replacing property with pursuit of happiness. By “property” Locke was referencing something more substantial, something bigger than the buying or selling of goods, he was also referring to the right of an individual to see to their own well-being. Jefferson further expanded that right by substituting pursuit of happiness, his interpretation also encompassed the right to self-determination through labor, through art, through industry and through self-governance. The Declaration of Rights portion of the document is where Jefferson really adopts the natural rights Locke previously defined and where he tips his hand as a disciple of Locke. Jefferson recognizing natural rights is significant but even the far more conservative Natural Law thinkers such as Hobbes would be in an agreement with this idea. However, Jefferson goes on to endorse Locke’s more radical ideas outlined in Two Treatises on Government such as a government for the people, by the people or popular sovereignty. Jefferson follows Paine’s lead and goes further than simply questioning the Crown and Parliament’s authority to govern as he did in Summary View of the Rights of British America, He questions their fitness and argues that when a government has failed its’ people revolution is good and necessary. These democratic ideas had been hushed after the Glorious Revolution nearly a century earlier but Jefferson once again brought them to the forefront in order to start America’s very own revolution. He ends The Declaration of Rights portion of the document by claiming that the oppressed colonists do not just have a right to revolt they have a duty to do so;

“when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.–Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States.”

The Bill of Indictment share of the declaration goes on to list just how badly the colonists had been wronged by King George III and the British Government as a whole. The list includes specific actions such as taxes, the suspension of legislatures, the quartering of troops, the obstruction of justice, the refusal to assent to laws, and several general grievances like the belligerent behavior of the crown. Jefferson ended the list with a denunciation;

“In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people. Nor have We been wanting in attentions to our Brittish brethren. We have warned them from time to time of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which, would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity, which denounces our Separation, and hold them, as we hold the rest of mankind, Enemies in War, in Peace Friends.”

This type of structure is of English Constitutional Tradition and similar formatting can be observed in The Magna Carta and the 1689 Bill of Rights. However it was important to Jefferson that the Declaration maintained an arm’s length relationship with the previous English governing documents. To maintain the Declaration’s distance, The Denunciation once again calls upon Locke’s teachings which require that tyrannical behavior be met with revolution. Jefferson cited several specific instances to assure The Crown and the world that their accusations against the British Government were well grounded.

To conclude the document the Statement of Independence ties it all together and once again calls upon Natural Law principles;

“We, therefore, the Representatives of the united States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these United Colonies are, and of Right ought to be Free and Independent States; that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. And for the support of this Declaration, with a firm reliance on the protection of divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor.”

The reference to the Supreme Judge of the world and Authority of the good people are both obviously Natural Law principles. The latter is the principle earlier addressed regarding a government for the people and by the people. The former brings to light another important influence on the Declaration of Independence and Natural Law in general; A higher power that delegates the authority and natural rights the Jefferson and Locke repeatedly reference. This idea of a Supreme Authority or higher being was not unique to Locke and was a common sentiment amongst the American Colonists. Jefferson intended for the Declaration of Independence to be revolutionary but he also meant for it to capture the sentiment of the day, this intention is revealed in a letter to Henry Lee just before his death where he described the document as “the harmonizing sentiments of the day, whether expressed in conversation, in letters, printed essays, or in the elementary books of public right, as Aristotle, Cicero, Locke, Sidney, etc.”

Impact

The Declaration of Independence is one of the most influential documents of all time whose impact was felt both immediately and throughout history all over the world. The document would go on to inspire several other very influential documents both domestic and abroad and would grant unprecedented freedoms to several groups who had never known such freedoms all with Natural Law in mind.

The first and most obvious impact was the dissolution of the “political bands” between the United States and Great Britain. The American Revolution had begun a year earlier in 1775 with the battle of Lexington and Concord but the Declaration of Independence affirmed its legitimacy as a full blown revolution to the world and a formal declaration of war. Affirming the independence of the United States in a formal document was important for foreign relations because it put other nations on notice that the US was an equal state that was open for trade and treaties. The founders intent to notify the world becomes apparent with the wide spread circulation of the document throughout Europe. News of America’s independence was printed in The London Gazette on August 10, 1776 which is often characterized as the official organ of the crown to the people. France received an official copy in November of 1776 but news had already spread throughout most of Europe. The French receiving a copy is significant because they were a highly sought after ally for the Americans. The American’s desire to align with the French came to fruition in The Treaty of Alliance which was signed between the Americans and French on March 13, 1778. Amongst other things the treaty officially recognized the US as an independent nation separate from Britain. The treaty also brought the French into the American Revolution. Thanks to the aid of the French forces and supplies following the treaty, the Americans were able to end fighting in North America and succeed in their independence efforts. The Treaty of Alliance would not be the last time the Declaration of Independence was significant to the French, the French would go on to pen the French Declaration of the Rights Man and Citizen which would echo many of the Natural Law and natural right ideas advanced by Thomas Jefferson and John Locke.

Perhaps one of the most significant and transcendent impacts of the Declaration of Independence is the advancement of natural rights to all walks of life and all types of people. Many see the Declaration of Independence and its sentiments as a summary of the Bill of Rights. Where the Declaration offered general ideas of what rights should be inalienable, the Bill of Rights offered very specific rights ranging from freedom of speech, freedom of religion, the right to bear arms, freedom of assembly, the right to petition, prohibitions on unlawful search and seizures, prohibitions on self-incrimination, and prohibitions on self-incrimination. The specificity of the Bill of Rights gave force to the ideas expressed in the Declaration but the generality of the Declaration also went on to inspire some of the most influential historical documents, constitutional amendments, and leaders for years to come.

The “All Men are Created Equal” portion of the Preamble in the Declaration has been influential for equal treatment of some of the historically most marginalized groups of people, women and slaves. In 1848 women activists at the first ever woman organized woman’s right convention utilized the “All Men are Created Equal” language as they drafted the Declaration of Sentiments. The principle author of the document was Elizabeth Cady Stanton and she herself admitted that the document was modeled after the Declaration of Independence. The most revolutionary aspect of the Declaration of Sentiments was that it endorsed woman’s suffrage. In the North Star, Fredrick Douglas described the event as the “grand movement for attaining the civil, social, political, and religious rights of women”. 150 years later the events that transpired in Seneca, New York are still making an impact, Hillary Clinton referenced the convention and Declaration of Sentiments in a 2016 campaign speech when she said;

“Tonight’s victory is not about one person. It belongs to generations of women and men who struggled and sacrificed and made this moment possible. In our country, it started right here in New York, a place called Seneca Falls, in 1848. When a small but determined group of women, and men, came together with the idea that women deserved equal rights, and they set it forth in something called the Declaration of Sentiments, and it was the first time in human history that that kind of declaration occurred”.

Credit Mrs. Clinton for stressing just how revolutionary and impactful it was for the Elizabeth Cady Stanton to apply Locke’s Natural Law principles from the Declaration of Independence in the Declaration of Sentiments.

Another famous politician heavily influenced by the Declaration of Independence, especially the Natural Law portions, was Abraham Lincoln. The most obvious example of the Declaration’s influence is the echoing of the “All Men are Created Equal” in the Gettysburg Address. Lincoln opened the speech by stating “Four score and seven years ago our fathers brought forth, upon this continent, a new nation, conceived in Liberty, and dedicated to the proposition that all men are created equal”. The Gettysburg Address was just the beginning, the reconstruction amendments to the constitution were heavily influenced by Lincoln’s actions throughout his presidency and reflect the Natural Law teachings of Locke and Jefferson that Lincoln brought to light through his leadership and actions. The 13th Amendment was the first of the reconstruction amendments and it abolished slavery as well as involuntary servitude. Had it not been for the Lincoln administration no such amendment would have been passed, it failed once and narrowly passed thanks to extensive lobbying by the president. What better example of “All Men are Created Equal” than amending the constitution to abolish the institution of slavery. If the abolition of slavery was the most significant accomplishment of the Lincoln administration the 14th Amendment and Due Process Clause were not far behind, especially today. In a time were Supreme Court Justices are often handcuffed and don’t have a clear direction to interpret a case they rely on the Due Process clause to tap into the Natural Law principles that are outline but not explicitly written in the constitution. Some examples of Due Process cases were the court as assured that “All Men are Created Equal” include the abolition of separate but equal, the right for indignant individuals to counsel, the abolition of state anti-miscegenation statutes and many others. Give credit to the founding fathers for the system they constructed; It has empowered individuals throughout history to look upon the Declaration of Independence and the Lockean ideas that Jefferson penned for guidance when it comes to deciding the future of this great nation and actually allows the Natural Law elements to be written into law through Constitutional Amendments.

Conclusion

It would not be outlandish to assume that John Locke had no idea that his philosophical ideas would have such a far reaching impact on the British American colonies. After all, at the time Locke penned the Two Treatises on Government, he was focused on the Glorious Revolution and the political state of Britain. However, one could just as easily argue that Locke knew exactly what he was doing when he wrote about popular sovereignty, natural rights, and the right to revolution, he was paving the way for democratic thinkers to come. Locke would not have been able to specifically identify the likes of James Otis, James Wilson, Thomas Paine and Thomas Jefferson but it is certain that he had men like this in mind when he wrote of holding the governing responsible for tyrannical behavior, of all men being equal, and when he wrote of a government for the people and by the people. Locke most of all would be pleased that this quote did not fall on deaf ears;

“As usurpation is the exercise of power, which another hath a right to; so tyranny is the exercise of power beyond right, which no body can have a right to. And this is making use of the power any one has in his hands, not for the good of those who are under it, but for his own private separate advantage. When the governor, however intitled, makes not the law, but his will, the rule; and his commands and actions are not directed to the preservation of the properties of his people, but the satisfaction of his own ambition, revenge, covetousness, or any other irregular passion.”

One would be a fool to argue that there were no other influences aside from Locke on Jefferson as he penned the Declaration of Independence. That being said, it would also be foolish to try to trivialize Locke’s influence. Jefferson himself is quick to admit that Locke was very influential, In a letter to Richard Price Paris he wrote “Bacon, Locke and Newton, whose pictures I will trouble you to have copied for me: and as I consider them as the three greatest men that have ever lived, without any exception, and as having laid the foundation of those superstructures which have been raised in the Physical & Moral sciences”. One would also be a fool to believe that John Locke would look upon the Declaration of Independence and US Constitution without giving it his stamp of approval. There is also little doubt that had Locke been a colonists at the time of the American Revolution he would not have stood for the behavior of The Crown and British Parliament, He like the Jefferson would have sought independence.

The Fourteenth Amendment and the Eighth Amendment

Thesis: The Fourteenth Amendment, which protects rights that are “fundamental to the Nation’s history and tradition,” makes the Eighth Amendment right against excessive fines and cruel and unusual punishments applicable to the states.

Two questions still remain, both provoked by the textual similarity between §1’s Privileges or Immunities Clause and Article IV, §2. The first involves the nature of the rights at stake: Are the privileges or immunities of “citizens of the United States” recognized by §1 the same as the privileges and immunities of “citizens in the several States” to which Article IV, §2 refers? The second involves the restriction imposed on the States: Does §1, like Article IV, §2, prohibit only discrimination with respect to certain rights if the State chooses to recognize them, or does it require States to recognize those rights? I address each question in turn.

To answer a constitutional question, we would first peruse stare decisis. In the process of incorporating “fundamental” rights against the States, the Court often applied them differently against the States than against the Federal Government on the theory that only those “fundamental” aspects of the right required Due Process Clause protection. This results in the Court’s seemingly contradicting opinion.

In Browning-Ferris Indus. v. Kelco Disposal and Copper Indus. v. Leatherman Tool Group, Inc., we sought determine whether or not the Fourteenth Amendment provided an appropriate vehicle to make both the Excessive Fines and Cruel and Unusual Punishments Clauses applicable to the states.

In Furman v. Georgia, the Court applied the Eighth Amendment’s prohibition against “cruel and unusual” punishment at the state level in 1972, the same treatment was not extended to the Excessive Fines Clause.

In Copper Indus. v. Leatherman Tool Group, Inc., we have declared that compensatory damages redress the concrete loss that a plaintiff has suffered by reason of the defendant’s wrongful conduct, but punitive damages are private fines intended to punish the defendant and deter future wrongdoing. A jury’s assessment of the former is essentially a factual determination, but its imposition of the latter is an expression of its moral condemnation.

Thus, in Browning-Ferris Indus. v. Kelco Disposal, we determined that when no constitutional question is raised, states have broad discretion in imposing criminal penalties and punitive damages.

However, as the Fourteenth Amendment’s Due Process Clause imposes substantive limits on the States’ discretion, the Eighth Amendment’s prohibition against excessive fines and cruel and unusual punishments is applicable to the States in Furman v. Georgia.

What complicates the case is Justice’s ruling in Chicago:

The relevant constitutional line, then, is imprecise. The cases in which such limits are imposed involve constitutional violations predicated on judicial determinations that the punishments were grossly disproportionate to the gravity of the offense. In determining whether or not that line has been crossed, the Court has focused on the same three criteria: (1) the degree of the defendant’s reprehensibility or culpability; (2) the relationship between the penalty and the harm to the victim caused by the defendant’s actions; and (3) the sanctions imposed in other cases for comparable misconduct.

This criteria has similarly been used in United States v. Bajakajian, as the court held that the government’s ability to extract fines is a punitive measure which constitutes a “fine” under the Eighth Amendment, therefore must be limited by the Excessive Fines Clause.

However, since such concepts require a case-by-case application, independent review is necessary if the Court is to control and clarify legal principles.

Furthermore, we acknowledge the volume of precedents that have been built upon the substantive due process framework, and we further acknowledge the importance of stare decisis to the stability of our Nation’s legal system. But stare decisis is only an “adjunct” of our duty as judges to decide by our best lights what the Constitution means.

In more recent years, this Court has “abandoned the notion” that the guarantees in the Bill of Rights apply differently when incorporated against the States than they do when applied to the Federal Government. But our cases continue to adhere to the view that a right is incorporated through the Due Process Clause only if it is sufficiently “fundamental,” ante, at 37, 42–44 (plurality opinion)—a term the Court has long struggled to define.

Moreover, as judges, we interpret the Constitution one case or controversy at a time. The question presented in this case is not whether our entire Fourteenth Amendment jurisprudence must be preserved or revised, but only whether, and to what extent, a particular clause in the Constitution protects the particular right at issue here. With the inquiry appropriately narrowed, I believe this case presents an opportunity to reexamine, and begin the process of restoring, the meaning of the Fourteenth Amendment agreed upon by those who ratified it.

Nothing in this Court’s jurisprudence suggests that McDonald can be fairly read as indicating that this Court has concluded that the Excessive Fines Clause is inapplicable to the states—quite the opposite is the case. See, e.g., Hall v. Florida, 134 S. Ct. 1986, 1992 (2014) (stating that the Eighth Amendment’s prohibition on excessive bail, on excessive fines, and on cruel and unusual applies to the states).

Since previous cases show conflict of interest and ambiguity, we turn to the constitutional principles proposed by the framers. The entitlement to be free from excessive fines is a fundamental right that predates and undergirds both the Eighth and the Fourteenth Amendments, and rights that are “fundamental to the Nation’s history and tradition” are appropriately applied to the states through the Fourteenth Amendment.

The Fourteenth Amendment, drafted into the Constitution after the Civil War, was meant to effect a radical constitutional transformation, imposing upon the states an obligation to respect the individual liberties enumerated in the Bill of Rights.

By the time of Reconstruction, it had long been established that both the States and the Federal Government existed to preserve their citizens’ inalienable rights, and that these rights were considered “privileges” or “immunities” of citizenship, regardless of race.

Further complicating this task, the ex-Confederate states remained defiant in their suppression of former slaves and their persecution of those who had opposed secession through the use of Black Codes, despite the promise of individual liberties guaranteed by the Fourteenth Amendment. Nevertheless, the framers’ intentions still stand.

The Court also reads that the right against excessive fines and cruel and unusual punishments was one such “fundamental” and “deeply rooted” right.

The legal pedigree of this principle as a judicially enforceable right can be traced from the Eighth Amendment in 1215, beginning with our country’s English roots.

Parliament declared the basic liberties of English citizens in a series of documents ranging from the Magna Carta to the Petition of Right and the English Bill of Rights.

For the founders, the principles of moderation and proportionality embodied in this guarantee were not only a matter of plain justice and fundamental right, they were also necessary for the maintenance of a free and civilized society. This was because the founders (rightly) believed that excessive punishment not only injured the aggrieved person, but also coarsened society as a whole.

By codifying this principle in the Constitution, moreover, the framers ensured that judges would be able to serve as a necessary check on harsh legislation and overzealous prosecution.

In refusing to analyze whether the excessive fines clause applies to the states, the Indiana Supreme Court ignored its obligation to enforce the U.S. Constitution.

The Indiana Supreme Court in this case aligned itself with that minority view, relying on a sentence of “dicta” from McDonald v. City of Chicago, while acknowledging an open break with other jurisdictions. Unless and until this Court “authoritatively” holds that the Excessive Fines Clause is incorporated against the States, the Indiana Supreme Court announced that it would “decline to find or assume incorporation”—or even engage with the incorporation analysis.

The Indiana Supreme Court below said “no,” acknowledging that it was deepening a split of authority that would ultimately have to be addressed by this Court. Like the other state courts that have held that the Excessive Fines Clause does not apply to the states, however, the Indiana Supreme Court’s decision was not based on an analysis of the meaning of the Constitution or this Court’s incorporation jurisprudence. Instead, it grounded its conclusion on a single fact: that this Court had not yet “definitively decided” the question.

The Indiana Supreme Court acknowledged that its holding broke from the weight of authority. The court further acknowledged that “our colleagues on the Court of Appeals and the trial court may be correct in foretelling where the Supreme Court will one

The Indiana Supreme Court gave no attention to the underlying constitutional issue, concluding instead that the wiser course of action was simply to “decline to find or assume incorporation until the Supreme Court decides the issue.”

It gave only two, conclusory reasons for this decision. First, it read this Court’s acknowledgement that it had “never decided whether the . . . Eighth Amendment’s prohibition of excessive fines applies to the States through the Due Process Clause” as somehow indicating that this guarantee did not apply to the states.

The Indiana Supreme Court disregarded the Supreme Court’s finding as pure dictum.

Everyone deserves equal protection

Social Standpoint

Kurdish politics, economy, religion and culture

I. Introduction

In the northern section of Iran lies an ethnic group, which takes up 10 percent of its modern population, known as the Kurds (Purdy, pg. 3). Originating from the Persians and the Ancient Medes, the Kurds, ever since the nineteenth century, have been settled in the western province of Iran alongside other ethnic groups such as the Lurs and Arabs (Price, pg. 94). The predominantly Kurdish provinces in Iran include the Kordestan Province, the Kermanshah Province, and the West Azerbaijan Province (“Learn About Kurdish Culture”). For more than five centuries, they have remained stationed in those provinces between Turkey and Iran serving as a buffer since the aftermath of World War I (Price, pg. 126). However, the Kurd ethnicity extends beyond Iranian borders. Found in Turkey, Syria, Iraq and other parts of the world, the Kurds can be characterized as a people without a country nor a fixed boundary (Price, pg. 256). However, their inability to establish a country is not due to a lack of trying. Throughout Kurdish history, the political, economic, religious, and cultural aspects of their society led them to be a people without a homeland.

II. Politics

In the early years, leadership within the Kurds belonged to the members of “prestigious lineage.” Although the central government in Iran had a major influence over which leaders were chosen in the two non-tribal Kurdish states, Ardalan and Guran (Price, pg. 126). This system of giving all the power to ruling families was abolished by the end of the nineteenth century resulting in the dissolution of prominence in Ardalan and Guran. Instead, they were held by provincial appointees. This breakdown led to the development of lesser chiefs in the lower levels of Kurdish. In addition, it resulted in the emergence of shaikhs as the main Kurdish political leaders who operated outside of tribal loyalties as well as the appearance of the Shakaks (Price, pg. 127).

Following the Iranian Constitutional Revolution as well as the First World War, the Pahlavi regime led by Reza Shah attempted to consolidate the Kurdish tribal by stripping tribal leaders of their position and replacing them with governors. This led to a strong opposition by multiple Kurdish tribes (Ahmadzadeh and Stansfield, pg. 12). One of the main Kurdish leaders that opposed the centralization was Ismal Agha Simko of the Shakak tribe. He was very successful in uniting multiple Kurdish tribes and was eventually lured and assassinated by Iranian authorities. Simko’s success inspired the development of Kurdish nationalism (Ahmadzadeh and Stansfield, pg. 13). Eventually the British, sensing the Kurds’ restlessness as a result of this change as well as the Soviets agenda, stepped in. They advised the Iranian central government to appease the Kurds by restoring tribal leaders land and title. Unsuccessful compromises led to more Kurdish attacks and raids in Iran. Eventually, the Iranian authorities released the tribal leaders, however, the transition was not as smooth since chief authority lost its relevancy (Price, pg. 186).

Due to the beginning of World War II, British and Soviet influence over the government grew a stronger foothold over Reza Shah’s. Their presence led to the development of the Society for the Revival of the Kurds, or more commonly known as JK, in 1942. The JK’s goal was to form a Kurdish homeland but was held back by the ever-present tribal traditions. It was not until they joined with the Kurdistan Democratic Party (KDP), who were led by Qazi Mohammad, that the possibility of a Kurdish homeland gained footing (Ahmadzadeh and Stansfield, pg. 14). In 1946, the Mahabad Republic was established in northwestern Iran with assistance from the Soviets who were desperate to see a divided Iran (Purdy, pg. 3). However, no one except the Soviets recognized it as a country, so when the Soviets became weaker throughout World War II the Kurdish Republic was left vulnerable to the Iranian government who ended their rule in 1946 (Ahmadzadeh and Stansfield, pg. 15).

After the collapse of the Mahabad Republic, the Kurds struggled to reunite the nationalist movement in Iran. With the KDP, who represented the Kurds politically, leaderless, it took until 1955 for them to reassert their dominance after spending years relying on the Tudeh Party. This newfound independence, however, brought the Iranian government to enact oppressive policies on KDP members. It was so bad that some were forced to seek refuge in Iraqi Kurdistan (Ahmadzadeh and Stansfield, pg. 15). The Kurds refused to give up though. In 1967, the KDP led by Ahmad Tofiq organized the Revolutionary Committee. The committee, although eventually defeated, held small military victories over the Iranian military (Ahmadzadeh and Stansfield, pg. 16).

In the wake of political unrest in Iran in 1978, the KDP set up the Zagros committee to send Kurds to participate in the protests against the Pahlavi regime known as the Islamic Revolution. Following the fall of the Pahlavi regime and the rise of this new form of government, the Kurds searched for democratic rights (Ahmadzadeh and Stansfield, pg. 17). However, negotiations between Kurds and Iranian authorities failed thus resulting in escalation five weeks after the revolution took place where 450 people died in the Bloody Newroz of Sanandaj. Even after the assault, the Kurds attempted to democratically settle their disagreements via boycotting the referendum that named the new Iranian government. However, it did not last long as while they were attempting to draft a new constitution, the Iranian leader Ayatollah Khomeini declared jihad against the Kurds thus putting a large target on their heads. In the wake of increased Iranian casualties, the war lasted only a few months after Dr. Qasimlu, who was General Secretary of the KDP, accepted Kohmeini’s declaration of solving the Kurdish question on August 17, 1979 (Ahmadzadeh and Stansfield, pg. 18).

However, the battle for recognition in the Iranian government continued to be rejected for the Kurds. Even in the Iran-Iraqi War, the Iranian government rejected any aid from the KDP and instead imposed more assaults. Then after allowing the KDP to join the National Council of Resistance in Paris which granted the Kurds in Iran autonomy, they expelled them for their inability to solve their problems with the Iranian government. As their failure to negotiate continued, the Kurdish resistance began to deteriorate with conflict in 1984 between the KDP, now known as the KDPI, and Komala, the end of the Iraq-Iran War, and the assassination of two of the KDPI leaders in 1989 and 1992 (Ahmadzadeh and Stansfield, pg. 19-21). With the help of the Iraqi government, the Iranian government further weakened resistance by pinning Kurdish tribes against each other (Emadi).

When Muhammad Khatami became President of Iran in 1996, the Iranian Kurds were given more political freedom. They were allowed to establish their views via TV, books, and journals as well as attend Iranian universities. This resulted in a new generation with a differing political outlook than the older parties such as the KDP and Komala (Ahmadzadeh and Stansfield, pg. 21). New parties such as the Kurdistan Worker’s Party (PKK) and Free Life Party of Kurdistan (PJAK) were formed. However, this brief advancement for Iranian Kurds ended after Khatami was replaced by Mahmud Ahmadinejad in 2005. After the Iranian forces killed Shwane Seyyed Qadir, a young Kurdish activist, the Kurdish political and cultural suppression by the Islamic Republic in Iran reignited (Ahmadzadeh and Stansfield, pg. 22). The relationship between the Kurds and Iranian government continues to be antagonistic and strained as the Kurds continue to fight for their political rights.

III. Economy

In the early stages of the Kurdish economy, they were both merchants and agriculturists. Kurds were both nomadic and semi-nomadic as well as a part of tribal or non-tribal groups (Price, pg. 126). The Kurds that were not part of tribes were typically tenants, laborers, and sharecroppers with little land. However, non-tribal Kurds would rent land from land-owning tribal Kurds as well as rely on them for protection. In the wake of intertribal conflicts, nontribal Kurds would become mobile and move between tribes (Price, pg. 127-128).

The Kurds in Azerbaijan, northwestern Iran, did not have a strong economy. Relying entirely on grazing herds and illegal trade with Turkey, the Kurds were vulnerable to exploitation. With land under the control of tribes, tribal leaders would hand out pieces of land needed for herds to graze on for a fee (Price, pg. 178-179).

After the Constitutional Revolution in Iran, the Kurds were given an opportunity to strengthen their economy. Kermanshah, a primarily Kurdish inhabited city, became an important trading stop. It became a stop on an extensive trading route between Iran and Baghdad. There was also a religious stop in the Shi’ism pilgrimage. To profit from this popularity, the Kurds would charge road and protection fees. This led to an increase in banditry to solidify the Kurdish monopoly over the fees. The Kurds even attacked the government forces to protect this flow of income (Price, pg. 180).

At the beginning of the Pahlavi regime, Reza Shah enacted a land regulation scheme. By making tribal groups sedentary, he heightened the division between tribal members and tribal leaders (Price pg. 183). This division strengthened since the individuals, who were typically the tribal leaders, that registered the land holdings under their names put the peasants and nomads at an economic disadvantage since they used to use the land and now could not (Price, pg. 185). Today their economy still centers around agriculture and livestock breeding (Price, pg. 256).

IV. Religion

Regarding religion, the majority of the Kurds were Sunni Muslim. The Sunni Kurds, however, did not use their Sunni religious beliefs to form alliances with other ethnic groups. This was mostly because the Kurds were the followers of Shafi’i School of Islam as opposed to the non-Kurd Sunnis who practiced Hanafi school of jurisprudence (Price, pg. 179).

There were some Shi’ite Kurds too. Most of the Kurds that practiced Shi’ism were located in the southern part of Iran. Around 15% of the official Shi’ite sect followed Iran’s official Shi’ite sect. They lived around Kirmanshah and spoke the southeastern dialect. (Price, pg. 95). Others followed the Alevid religion, which was a militant Shi’ite group. The Alevids evolved around the fifteenth century and incorporated a combination of Zoroastrian, Shi’ite, pre-Islamic, and Turkmen shahman ideas (Price, pg. 179).

During the breakdown of prestigious lineages came the appearance of the unorthodox Islamic religious leaders known as the shaikhs. Shaikhs were Sufi leaders who channeled Sufi beliefs and spread the idea of magical powers. In spreading those beliefs of miraculous and powerful abilities, people that followed the shaikhs were subject to participate in dangerous communal acts, such as swallowing fire (Price, pg. 127).

The final Kurdish religious group was the Yazidis. A very small portion of the Kurds followed the Yazidi religion. The Yazidi dialect was Kurmanji. Although most of the Yazidi Kurds lived in Iraq, there were some found in Iran and Turkey. With a combination of Zoroastrian, Jewish, Manichean, Christian, old pagan and Muslim beliefs as well as just being a minority, the Yazidis were subject to persecution in both Iraq and Turkey, but not in Iran (Price, pg. 179).

V. Culture

Because of the ethnic heterogeneity of the Kurds themselves, they have developed a culture with various similarities to other modern and ancient cultures. Specifically, during the existence of the Mahabad Republic, the Kurds have established their own script and dialect as a result of literature in the form of a daily newspaper as well as periodicals (Price, pg. 188-9). In Iran, the Kurdish language is spoke in two different dialects – Sorani and Southern Kurdish. Both of these dialects have Arabic origins (“Learn About Kurdish Culture”). After the collapse of the Mahabad Republic, the Iranian government had banned the Kurds from speaking as well as writing in their official language. This included burning any current literature they had in the Kurdish language (Price, pg. 188). However beginning in the later 1980s, publications, radio and television programs began to appear in the Kurdish language although they were censored. Add in the formation of Internet cafes as well as satellite TV and the Kurdish culture began to reach further rather than be oppressed (Price, pg. 326-327).

Music, as well as dance, has always been important to the Kurdish identity (Price, pg. 258). Notably, in the city of Kermanshah, music is central. Most music in Iran originates from tribal Kurds in the Kermanshah religion. Some traditional Kurdish instruments include the drums, flute, and a guitar-like instrument known as an ut-ut. Since, generally, most Kurds speak Sorani, their dance is simple. Dancers have fluid-like movements during which their shoulders rise and fall continuously. This is known as Kurdish folk dancing that includes men and women dancing in the same line, which is uncharacteristic in comparison to other Middle Eastern cultures. When they dance, the Kurds wear elaborate, individualized costumes that are layered with various colors and garments (“Learn About Kurdish Culture”). Even in a climate where Kurdish culture was constantly suppressed, their music was able to flourish as long as there were no solo female singers due to the lack of restrictions (Price, pg. 325).

Similar to other parts of Iran, carpet-weaving is an important part of art to the Kurds. Typically, Kurdish designs involve a spectrum of colors such as blue, green, saffron, terracotta, and orange hues. With those colors, they would weave floral, geometric, and medallion patterns. These rugs they weave are symbolic of the individuality of the weaver as they are decorated with sequences of symbols (“Learn About Kurdish Culture”).

During the traditional Kurdish meal, they sit on the floor. Their food which typically involves vegetables, dairy products, staple meats, and pilaf is stationed in the center of the room on top of a small cloth. Some other foods found include dolma, flatbreads, and black tea (“Learn About Kurdish Culture”).

VI. Conclusion

The Kurds in Iran have faced many years of political and cultural oppression in search of a united country. The Iranian government has refused to negotiate and even placed jihads on them. The Iraqi government had helped the Iranian Kurds as well as play a part in suppressing their defense against the Iranian regime. Even the other Kurdish tribes have been their own worst enemy having been pitted against each other. Although there is little evidence of a United Kurdistan ever existing, the Kurds have fought hard and longed for it (Price, pg. 255). Hopefully, in the near future, the Kurds scattered between Iran, Turkey, Syria, and other nations worldwide will finally be given the country they have desired for over a century.

Organization is a social unit of people: writing essay help

Introduction :

Organization is a social unit of people, systematically arranged and managed to meet a need or to pursue collective goals on a continuing basis. All organizations have a management structure that determines relationships between functions and positions, subdivides and delegates roles, responsibilities and authority to carry out defined tasks. Every organization needs to imporove their strategical approach to gain competitive advantage, survival in market and also to achieve targets in global markets. Many corporations are trying to change and improve their business to increase numbers of customers and profits, thus, there is Technology which is a way to change the figure of competition such speed of action and the character of leadership. Kakakota R., and Robison M.) 1999.

One such organization, which conquered the world through their innovative ideas is Apple. The assignment will be focussing on the innovative strategies followed by Apple to become the world leader in Computers, Network Servers and Mobile Communications devices. Apple was founded by Steve Jobs, Stephen Wozniak, Ronald Wayne, in 1976. An Intel product engineer Markkula Junior also funded to bring that new born organization to stand. Apple 1 was the first personal computer launched by Apple with a price of $ 666.66 and then later on Apple II with an increased features and price of $ 1298 in 1977.

Innovation :

Innovation is essential for all organizations as it is key factor which separates the best from the rest, by adding value to the organization or their services. Today, most organizations have recognized the importance of innovation and these organizations are trying to integrate innovation with their business strategies. Innovation is mostly inter-linked with technology. The increased competition as a result of globalization, has prompted most of the companies to innovate with the technologies to stay afloat in the competition. Creation of innovative ideas alone will not do any good. The success depends on making the ideas realistic and commercialising it. Finding the triggers to bring change within organization, so, a good vision of the future and an organizational culture encouraging innovations are essential for success. A continuously innovative organization will definitely create a competitive advantage over others.

The main feature of this assignment will intorduce the nature, benefits, failure or success of Organization’s new born technology.

Introduction of new Technology (IPad):

Apple Corporation is no doubt world famous for its creative and innovative products, recently Apple launched their tablet PC on 27 January 2010 which is a combination of Laptop computer, iPod and iPhone, with a starting price of $ 499. It has come in two models, one with a WIFI and other with a WIFI + 3G model. The iPad has got a 9.7 inch Led backlet multi touch visual screen, a flash memory of 16 to 64 gigabytes, equipped with a Bluetooth, a 30-pin dock connector for iTunes and with a ten hour battery life. This 700 gm device is more powerful than Apple other products like iphone or ipod, with the same operating system but with a larger screen to use. Its GPS Kit is the ultimate application for heading outdoors with the iPhone. With full-featured maps with caching, real-time GPS readouts, and track/waypoint recording and sharing, getting around outdoors with your iPhone has never been more useful and fun.

Ipad was assembeled by Foxconn which is based in its largest plant in Shenzen, China, Foxconn also assembled iPod and IPhone for Apple. Walk Mossberg of The Wall Street Journal called iPad to vanish Laptops. David Pogue, New York Times wrote a review that its for technology-minded people and also for non-technology-minded people as well, he also noted that it is cheaper to get more features in a laptop for a cheaper price than the iPad.

Implementation of IPad andOrganizational Change :

We can describe Implementation of any product by an organizational change by Kurt Lewin three layers model, which is below :

UNFREEZING MOVE REFREEZE Explanation :

Apple has thorough knowledge of consumer needs and requirements in the current era. Keeping any organization uptodate and equipped with the latest technological ideas is necessity to all business. Apple designers and developers have indepth information of relative products and on going market research, therefore they planned, designed, they did cost evaluation, kept an eye on market structure for their new product iPad and finally they brought their product into the market. Bringing the product into the market, increasing profit is not enough. An organization has to keep life-cycle of their product throughtout the market, bringing new and brain storming ideas, maintaining that product with latest technlogies. Customer feedback, advertising, competitor’s products analysis also plays an important role to increase the demand of that product.

Manager’s Role in organization :

Apple CEO, Steve Jobs once said “Innovation distinguishes between a leader and a follower.” Jobs wanted to create such a device where designers could combine the functions of Iphone, ipod, Laptops features and digital books reader all together. There were many triggers which turned the brain storming ideas of designers and dream of Steve Jobs into invention of Ipad. Innovation, creating new ideas, maintaining organization needs upto date according to the market and consumers needs is the key invention and aim of Apple Corporation.

External Triggers for Change :
Competitors :

Amazon’s digital e-book “Kindle” and Microsoft’s Zune HD (multimedia player) turned Apple designers to create such a handy easily commutable device which consumers could use anywhere. IPad unveiled several more important announcements, by launching iBooks, a digital bookshop application in its iTunes store. Books and reading material are going to be e-books gradually with the Technology Change, in that sense Ipad works exactly like an orginal book which we can turn the pages. In fact, Newspapers as well as Magazines are going to be delivered by means of their own applications on the iPad. As for illustrated books, they are better displayed on the iPad compared to Amazon’s Kindle device, but still the Kindle application for iPad can take advantage of the same display as iBooks.

New ways of Business :

Kindle and Business related factors gave ideas of IPad to Apple. Invention of Ipad boosted the Apple’s profit share, it opened ways for new businesses in sense of emerging applications and higher profit percentage for assembling outlets. Companies would tend to design their applications for iPad where consumers can easily overview upcoming products and market structure. Upcoming applications for Ipad are also going to create a business boost for software developers and designers.

Internal Triggers for Change :
Innovation :

Innovation is the key idea of Apple designers and product developers. The iPad is, essentially, a version of Apple’s ultra-successful operating system for the iPhone and iPod Touch, tacked onto a larger, more powerful device. Among the device’s many bells and whistles are Bluetooth , wireless and cellular network connectivity, multiple memory sizes to choose from at various prices and the ability to play all the applications currently available through Apple’s online store.

Apple has created stunning innovation in an industry that has been remarkable histroy in mobile phone industry. Now every handset maker and wireless company is trying to duplicate them. People are finally realizing that ipad is a better product, beautifully designed, well built and that provide the best usability and customer satisfaction.

Research and Development in Education :

Throughout the research and development in technology, micro-chips industry and other relevant accessories, computer industry is getting dynamic and brainstorming ideas to develop new technology by increasing its functionality and reducing its volume. On job training, Cost Evaluation, Knowledge Management standard are all important features of education to increase implementation, creating and reinforcing product status in the market. An improved performance of manufacturing companies can be expected from tighter linkages between product and process innovation (Kim et al. 1992). “Managing this product-process connection is one of the top challenges of the era” (Ettlie 1995, p.1224).

Benefits of new technology to organization :
Functions :

First of all IPad is a combination of Apple’s two huge sellings products, iPod, iPhone and Mac, which is running on iPhone Operating System.

Compatibality : iPad is 9.7 inch display screen and weight of 730 gm, which states its portable and light weight and can be carry in all transport means.

Profit and Sales : Apple tends to make more profit when consumers choose a WIFI + 3G model with increased memory. On first day of sale in America they sold 700,000 units which is nearly more than twice of the their predicted figure. Manufacturing cost of Apple iPad is $ 270.50 and retail price is starting from $ 499 its mean company is having nearly twice the price as profit. (geek.com, 2010, accessed at 06-04-2010)

Disadvantages of Ipad :

Multitasking : Ultimately, however, the tablet doesn’t represent a revolutionary step forward in Apple’s product line. Because it can’t handle multitasking, it is unlikely to replace products such as the laptop yet.

Expensive : Getting people to spend between $500 and $830 on an iPad is good, but getting them to spend all their music, movie, book and application money through Apple’s exclusive stores is better for the company but expensive for consumers.

Limited Features : Only Apple customized games can be played on iPad. There is not any camera installed in the device. iPad has got iBooks but it doesn’t has e-ink (the one that makes the brightness of the screen, close to being like a real pages of a book).

Resistance in Future for Ipad

With any new technology, new technologies are birthed around it. Because of this, we’ll see innovations much more quickly. May be in near future we can expect a Google tablet of G-pad or G-tab very quickly. Google is working with Abobe in overclock with integrating flash even more. Future threat could be from Amazon’s new model of kindle with more enhanced features and functions.

Microsoft and Apple had two different technology ideals. Microsoft needed an Operating System to be all things to all people, which was much more ambitions. The Zune HD (touch screen multimedia player) by Microsoft looks great and works perfectly. So, if Microsoft makes a tablet in its Windows 7 series that is as clear, crips and faster as the Zune HD, market demand for ipad can be decreased.

Finally if we take a look at future of Apple’s new born technology Ipad, there could be many threats among three main competitors, which are Google’s G-tab, Amazon’s Kindle and Microsoft’s Zune HD.

Conclusion :

The success story of Apple underlines its importance. The company which started with relatively brand innovative ideas, strategies of Computer hardware and software grew phenomenally to become the world leader in Computer electronics.

Knowing the importance of innovation, the company developed a culture which fosters innovative ideas, following the policy of continuing innovation company was able to maintain its first mover advantage. Making place among other competitors and finding market is difficult but with the right visionary goals, creativity and innovation, usage of Knowledge Management standards they overcame all the challenges to enter in global marketplace.

But, as the consumer needs advances day by day, technology has to be a continuous process, and for this, it has to be integrated with the company’s business strategy. Followers always find footsteps of the Leader. Though Apple’s Ipad is no doubt a brand new idea of merging Ipod, Iphone and Laptop computer into one unique Table Pc but its also going to leave some traces for other competitors to develop same sort of technology or higher than that. Besides developing new product, an organization has to keep its life fuel throughout the market to maintain its life-cycle, by shaping it a complete platform independent every day tool and advertising the product by giving a complete sketch of the product to the consumers.

Role of business plan in acquiring capital from the investors and limitations

INTRODUCTION

Any company whether starting a new business or expanding an existing firm within an established organization- all requires a business plan so that it can meet the expected and unexpected opportunities, the obstacles which the future holds and also the most important to raise funds so that it can navigate successfully through its own unique competitive environment.(Brown et al, 2001)

This assignment focusses on the role of the business plan in acquiring capital from the investors for its start-ups or expansion and also the limitations when securing those funds.

BUSINESS PLAN:

Business plan is a blueprint of any business giving a detailed outline of business concept, business opportunity, competitive landscape, key to success and people who are or will be involved. Therefore it acts as an important sales tool which can be used to borrow money or gather support to launch a new product or service. Kuratko and Hodgetts (2001: 289) suggest that ‘the business plan is the minimum document required by any financial source.’

ROLE OF BUSINESS PLAN:

An entrepreneur, when having any idea of a business ,are afraid of writing the business plan fearing for the future. But a well documented plan provides unlimited benefits.(Arkebauer,1995) It helps to define the in-depth analysis of the business and the strategies of how to venture with that business in the current market. A plan written on paper not only helps in identifying the potential problem areas but also helps in working out the solutions without interfacing the real world consequences.( O’Connor,1998). It also helps in communicating goals throughout the organization. If proper strategies are implemented then owners or the managers can use it as benchmark to assess the goals they have achieved and also to improve the areas of weakness. Hence it should not be limited to a start up tool but should be used continually to re-evaluate the progress of the business. Business plan does not guarantee success but helps in reducing probability of failure.(Crawford-Lucas,1992)

Apart from the above benefits, the most important role of business plan is to accomplish the vision of an entrepreneur by persuading the investors to fund them. The financiers could be either the lenders or investors. All require a business plan to evaluate the potential of business. Lenders looks at the riskiness of the loan by seeing the payback periods and cash flow data whereas the investors are interested on the longer term potential of the business and hence they want to know what the break even points are and what will be the return of investment. Thus the decision of the prospective funder to consider the proposal would depend on the quality of the plan supported with the funding proposal. As stated by Brown et all(2001:11) “the business plan is the ticket of admission giving the entrepreneur his first and often the only chance to impress prospective sources of finance with the quality of the proposal.”

To accomplish this an entrepreneur needs to formulate the plan in such a manner that it satisfies all the aspects which the investors look into. The important aspects are listed below:

Executive Summary: This section plays a critical role as its the first document which an investor looks and makes a quick decision on the proposals. It should be as concise as possible detailing all the important aspects of the business fulfilling the investors expectation.
Product, history and competitors: The investor also looks into the following factors such as what is the product or service ,what pain is being eased through this product or service, history of the product, uniqueness of the product so that the customers are induced to purchase and who are the direct and potential competitors.
Marketing analysis and plan: This is the critical part of the business plan as this not only helps the investors but also an entrepreneur to understand the market. The market analysis helps them to analyze what the market size is and what the future it holds for them and how they are going to target the market, what is the value proposition they are having and what strategies they are going to pursue to target those market.
Management: Management summary is an important summary which an investors wants to look into it as they are the ones to whom investors invest their money. The investor knows that without the right people no unique opportunity can be turned into reality. Hence they give more emphasis on the quality of the management team.
Financial plan: The financial aspects plays a critical role in the plan as it converts the other parts of the business such as the operations, marketing, management etc. into the expected financial aspect. Hence when providing financial projections one must highlight and explain the importance of the significant figures from the pro forma income statements such as revenue, operating profit, operating margin, net income and net margin over the period of 3 to 5 years. In addition to these statements it also shows the break even analysis, NPV and the cash flow statements.
Risks: Risk is the uncertainty of the future and the investors wants to know the assessment of the level of risk. They want to know that if there is any risk such as operation risk, market risk, financial risk then how one plans to avoid it and also how to mitigate those risks.. Hence when formulating the plan one needs to take care of adding all the risks which are associated

LIMITATIONS OF THE BUSINESS PLAN:

No matter how innovative is the product but if proper business plan is not formulated with proper research then there might be some flaws which an investor will feel and would hinder him in investing in your business. The limitations could be :

The management team having no experience in the field in which they are venturing nor having any good reputation of successfully completing their projects and also the team having no proper blend of people, range of skills and depth of knowledge will lead to rejection of the plan. Hence the team should contain blend of people with proven track record and their requisite resumes should also be attached.
If the market analysis is not done properly i.e. the size of the market in which the company is penetrating its product,buying behaviour of the customer, how they are going to target their market and at what price they are going to target etc. then an investor might feel unsecured in investing the funds as they will feel that entrepreneur is not having proper analysis of their target market.
If one defines the market size too broadly for a product then it provides no value to the investor as investor would feel that proper market analysis is not done.
Certain business plan shows that there is either no or very few competition which implies that there is not enough customer to support the product or service. Hence proper marketing analysis needs to be done showing that there is a wide market for the product and it also gives an assurance to an investor that if management executes well then the firm can earn substantial profit.
They also require to know what’s the the strength and weakness of the competitors, what’s their market share and what are the threats of entry to that particular industry.
If its a manufacturing industry and is not located at favourable geographic location with no assess to skilled employees or inexpensive labour might also hinder an investor to invest.
If unrealistic sales are forecast i.e. expecting an unimaginable sale when there is not much demand in the market.
If proper profit projections and cash flow statements are not shown in the plan. Since profit projections is considered to be the heart and the cash flow is considered to be the blood of the plan, hence the investors are keen to see whether the peak need and the peak availability of cash are shown and what is the expected financial returns i.e. return on investment(ROI).
If proper balancing of an asset and liabilities are not done.
If proper break even analysis is not done as the investor are interested to know at what level of sales will a break even occur.
If neither any investment nor any security i.e. collateral is provided then an investor might feel unsecured in investing.
If proper fund planning, usage of the funds and the repayment of funds are not shown properly then an investor might not invest.
If no sensitivity analysis is done then investor might not approve the plan as this is the critical part of the financial plan. Since the financial data are made on assumptions and it may change in due course of time. Hence,its necessary to calculate the changes in the profitability by changing the critical parameters of the financial plan and also to evaluate that whether the firm is able to repay all its debts and obligations.
Most investors do not calculate the risk associated with the business and this might also hinder the investor to invest. They want to evaluate what the risks are associated and what are the ways to mitigate those risks.
When expanding an existing business, credit rating should be attached as the investors would like to see that how the company is performing for the last few years.
An investor always look into the sustainability of the business i.e. who will run the business in absence of an entrepreneur. This is the critical aspect as they want to know that will the business die if an entrepreneur leave the business and pursue some other work.
The business plan does not accommodate multiple individual investors
The business plan does not contain any document which sets the terms and conditions i.e. Subscription Agreement(SA) for the investment as no investor would invest without these documents. It also becomes difficult for the entrepreneur to raise funds without these documents.
Business plan does not provide any loan agreement i.e. Promissory note agreement and neither it provides Private Placement Memorandum(PPM) i.e. the document which contains all the information related to the company stating the operations, transaction structure, terms of investment, risk of the business etc. Both the PPM and SA should be included in the business plan when raising capital from the investors.

LEARNING OUTCOME:

Business plan is basically the backbone of an entrepreneurial finance. Since some entrepreneur have difficulties in conveying their ideas to the investor, hence business plan becomes an important communication media to convey their ideas. The business plan cannot guarantee the success of the business, if the entrepreneur does not have the necessary skill, knowledge and zeal to translate the plan into reality. While formulating a business plan, the entrepreneur must bear in mind about the government policies of the country. A business plan which might be quite alluring and promising in an open economy may not be fruitful in the closed door economy. An entrepreneur when starting a new venture should not entail himself in a highly capital intensive plan as the risk factor is high. He should venture in an average size plan which can be personally monitored. The most important learning outcome of mine after going through the researches is that it has broadened my vision by giving an idea that when starting a new venture one should write the plan by his own instead of making professionals to do as this not only helps to understand the whole scenario of the business plan but also helps in understanding the critical aspect which the investor looks into and how to overcome those limitations by proper planning. The learning outcome through this assignment has been quite fruitful to me.

SHORT NOTES:

a) an import/export business which requires funds to support its expansion:

For an import/ export business it is considered to be medium risk since there is certain fluctuation in the currency.

Since its in the expansion phase hence the track record of the company is good and also the return on investment would be quick as its a trading business. It will not take much time to reach break even point of its sales. Hence bank would be able to invest.

It is requiring funds for its expansion, hence the firm must be having increasing revenue with positive cash flow.

Since exporting to the foreign country, hence a guarantee is required for the payment. This guarantee can be provided either through the banks in terms of Letter of Credit or through the well known venture capitalist. The banks give them credit on the basis of the collateral which could be foreign account receivable.

The creditors or the lenders could also finance the company because of the goodwill created in the market as its operating for a long time. This debts are repaid back by the company at the predetermined date.

The banks also introduce lending investors such as pension funds to finance the firms having high potential as the bankers are not able to extend their limit for a longer period of time.

The firm can also use factoring for financing but this type of financing has a negativity that its too expensive due to high factoring discount and major of the profit shares are also absorbed.
Since the firm can get funds through the line of credit or banks and hence they would not require to take the funds from the investors as investors require equity ownership for the funds which in due course of time could be a threat of loss of control of business.

b) a high tech business in its development phase:

For a high technology business, it is considered to be highly risky. Risky because it may happen that the companies operate for a long period without any profit nor sales.

A very high cost is spent on Research and Development and also the time frame cannot be stated for the launch of its product.

Since it is in development phase hence the track record of the company would not be available and also the return on investment would be slow. In the initial period the return may be negative i.e. it may take a longer time to have a break even point but in long term it may have good return.

The bankers would not invest since its a risky business having no track record and also the rate of return would not be good in the initial few period, hence the company may not be able to service the interest and repayment on timely basis in the initial period.

The venture capital are basically investing the third party money in any business hence they require high return on investment and that too within a short frame of time. But since the return on investment is not known, neither the track record of the company is known and also the company may not be able to service the debts and obligations in that time frame, hence venture capital may not fund them.

Finally the probable source for the investment would be angel investors since they help the company in the development phase. They like to invest in the risky business and they neither require the track record of the company. Since they take high risk and hence they require high return on investment. Hence they take the equity investment in the company.

REFERENCES:

1. Barrow, C., Barrow, P. and Brown, R. (2001), ‘The Business Plan Workbook’, edn. London: Kogan Page. Available at: http://isb.sagepub.com/cgi/content/abstract/22/3/227 .( Assessed on:

2. Kuratko, D. F. and Hodgetts, R. M. (2001), ‘Entrepreneurship: A Contemporary Approach’, 5th edn. Orlando, FL: Harcourt. Available at: http://isb.sagepub.com/cgi/content/abstract/22/3/227 (Assessed on:

3 Arkebauer, J.B.(1995), Guide to writing a high business plan,Mc Graw hill, new york, NY 4 Mason,C.,Stark,M., ‘What do Investors look for in a business plan’, Available: http://isb.sagepub.com/cgi/content/abstract/22/3/227. (Assessed on:

5 . O’ Connor, T.(1998) ,’Take the initiative to write a viable business plan’, Denver Business Journal, February, pp 21A. Available at:

6 .Crawford- Lucas, P.A.(1992),’ Providing business plan assistance to small manufacturing companies’,Economic Development Review, Winter,pp.54-8.

The importance of human resources management (HRM): essay help

Introduction

Organizations are made of among others, human resources (HR) which is the most valuable asset in today’s dynamic world. Indeed, it is people and not organizations that constitute an organization. Achievement of organization’s objectives depends on the individually and collective efforts put in by its work force. Human resources management (HRM) may be defined as the coherent as well as strategic maximization of human resources capital in an organization towards making a return on that investment (Gold & Bratton, 2001).

The practice, in its efforts, effectively attempts to maintain a ‘fit’ between the employees and the organization’s overall strategic direction. Unlike technology and processes, people have a soul, aspirations, feelings and emotions. As such, the concept of people as an asset, do not indicate perceiving them as commodities. In managing people, the manager must practice disciplines based on psychology, sociology, industrial relations as well as industrial engineering and economics. In achieving an organization’s objectives, it is possible to adjust the technology employed by increasing production speed as well as reducing the machines’ downtime. For a person, who has a soul, ability to reason and act in response, it is hard to alter the person’s working speed as well as the duration. Proper management of human resources leads to a motivated workforce, a development to loyalty and an assurance of survival and success of an organization.

This paper pays a close look at the practice management of human resources in an organization. This will encompass the importance of the practice, functions within this office and some of the motivation techniques that can be used as well as their role in achieving organizational objectives. Furthermore, the paper will focus an attention to a reputable organization in determining the applicability of incentives and compensation in HRM. Every organization has its strategic future which is broken down into objectives that are measurable and comprehensible, so that the workforce can implement (Snell & Bohlander, 2009). The sensitivity and value placed on organizational strategic plan cannot be left in the hands its employees if they are incapable or not motivated. The organization has a responsibility not only to invest heavily in technology and detailed professional processes but also on its workforce and strategic management policies.

Discussion
Importance of HRM

HRM as a practice significantly offers support and advice to the line management within an organization. Management of human resources must ensure an attraction, preservation, loyalty and development of highly profiled caliber of people/workforce in order to provide a competitive advantage necessary for the survival and success of the organization. The image of an organization, which develops the goodwill, is largely dependent on how well its human resources are managed (McCoy, 1999). The management of the human resources assumes the following roles. First, HRM manages the demand for human resources. Economies in which organizations are based are dynamic. There are economical shifts of growth and decline that require counteractive measures within an organizations workforce. The said measures demands both quantitative and qualitative procedures within the workforce. The practices of retrenchments, hiring, early retirements and the contract renews for the experienced are all structural adjustments that responds to economical changes affecting organizations.

Second, HRM is responsible in managing social pressure in provision of the desirable environment for the workforce. The hygiene and safety of the working environment must be always maintained as it is a motivation factor in employees’ performance. The provision of appropriate protective gear while working, pollution free environment and other working conditions is a paramount concern for the HRM office Berger, 2008). Third, HRM is important in managing political pressure usually generated by calls to hire from local labor market irrespective of the resultant factors of cost and knowledge/skills. Though it is ethical to hire from the contextual economy, political pressure should not compromise the quality and quantity of organization’s production and a resulting failure in achieving the organization objectives.

HRM also manages the technology by hiring the right workforce or alternatively developing/training the existing workforce in response to technological change. Changes in technology can contribute to obsolescence of the working force which would spill over to the organization not achieving its objectives (Jackson, 2007). HRM office must always find the most appropriate method of counteracting a technological shift by either hiring people with the needed expertise or by training the existing one. In developing an organization culture the later would be more appropriate. If the earlier alternative is adopted, the competition pressure in compensation must be properly dealt with. HRM is also important in designing and management of strategic HR planning. Strategic HR planning is the informed projection of the organizations needs for the appropriate employees, both in quantity and quality, and balancing off this with the organizations ability to sustainably meet the demands of those employees for a substantial period of time in the future. As such, the budgetary constraints associated with right hiring are cheked.HRM needs to make these projections in agreement with the line/functional management’s assumptions.

It is also the responsibility of HRM to initiate, alter and manage job design. Job design is the arrangement/rearrangement of work that is aimed at checking or overcoming employee’s job dissatisfaction and alienation resulting from repetitive tasks. In curbing this state, the HRM office should conduct job enrichment, job rotation, job enlargement and job simplification exercises. All these procedures are aimed at raising productivity levels which is the ultimate goal of the HRM’s office. In cases of mergers and acquisitions, it is the sole responsibility of the HRM’s office to rationalize, orient and harmonize the human resources in the involved organizations. The fundamental issues behind mergers and acquisitions are, more often than not, undesirable and unwelcome by employees (Bilsberry, 2005). The task of making an otherwise unpleasant issue acceptable lies squarely at the HRM’s office. Moreover, since work environments are different across organizations, the HRM must orient the various workforces involved to the new objectives and/ or organizational culture.

Finally, the HRM is responsible in managing implementation of change. Change may be in terms of process, organizational structure, systems and culture among others. Changes are the inevitable twists that affect the normal and known paths through which an organization operates. Some of the aforementioned twists arise internally from the organization’s need to achieve new status. Others are externally experienced due to the shifts in the business environment. The issues aforementioned under the discussion are achieved through the functions of the HRM office.

Functions of HRM

Generally, HRM management can be subdivided into three interlinked phases. The practice functions include recruiting qualified human resources, managing the employees in the working environment as well as preparing and enforcing exit of the employees from the organization. The process of recruiting employees arises from the organization’s need to properly position itself in the economy. Ideally, recruitment should follow an order closest to; vacancy advertisement, selection of potential candidates, interviewing and contracting the successful candidate(s). Once in the organization, new employees are inducted and trained. It is during work performance that issues such as motivation, compensation development, disciplinary actions, performance appraisals, career planning / development, counseling, talent management, safety management and staff communication are conducted (Gold & Bratton, 2001).

The employees continuously offer their service to the organization under the existing HRM measures until they exit. Exit may result from retrenchment, obsolescence, retiring, resignation or termination of employment. The HRM at this phase has a responsibility to counsel and prepare the exiting employee for the challenges and opportunities awaiting the employee in the future. The office should ethically hand over all the legal documents and benefits to the exiting employee for positive development of the organization’s goodwill/reputation in the corporate world. If need be, the HRM should have a succession plan for implementation at this phase. Motivation as a HRM activity can completely change the perception of employees while in the work environment. Different people in the workforce are motivated differently across and longitudinally with time. Compensation and incentive is a major motivation element that is easily applicable in many organizations since, almost every employee joins an organization with a sole/major purpose of earning.

Compensation and incentives HRM

An incentive can be defined as any factor, that can be financial or non financial that accounts for preference or stimulates/enables a specific course of action. It can as well be said to be the bonus paid on successful achievement of performance objectives. Compensation is the art of offering/giving money or something else, which can easily convert to money, for purposes of paying for work done. In general, compensation and incentive can be referred to a compensation package. A compensation package is the value placed on an employee as presented to that employee. Compensation can be categorized into three categories. First, there is non monetary compensation. This is the benefit received by an employee which cannot be tangibly valued. Such can include social and career rewards. Job security, recognition, opportunity for growth, flexible working hours, subsidized housing, magazine subscription, laundry services, elder care, are some of the non-monetary compensations (Berger, 2008). Second, compensation can be direct which is the employee’s base wage/salary expressed as salary or hourly wage as profit sharing bonuses paid based on performance. Finally, compensation can be indirect. The later includes facilities like health insurance, paid leave, moving expenses and child care being provided by the employer.

There is a corporate general consensus insisting on relating pay with performance for effectiveness. This may not necessarily be applicable in sectors such as agriculture where many performance results are dependent on factors beyond organization and employee control. Whichever the compensation used, it should also be fair with the market and not discriminating against some employees (Campbell, 2006). A job evaluation should be conducted in placing a value on employee. In such an evaluation, compensable factors such as experience, education level and job responsibility should be considered. Moreover, employees should be involved when considering their indirect compensation needs such as paid vacation, retirement planning, childcare among others. The HRM officer should regularly review the compensation package from time to time to maintain its fairness, equitability and competitiveness.

Importance of compensation and incentives in HRM practice

Use of compensation and incentives is an importance practice in HRM as it has the following advantages. First, to many employees, the basic purpose for joining an organization is to secure a pay. The value placed in such a pay and not necessarily the amount/size motivates the employees more, and as result higher productivity levels are reported. Second, compensation facilitates hiring, retention, promotion and evaluation of the workforce. Without mentioning aspects of compensation, the HRM office might find it impossible to convince people to join the organization to work or even the existing employees to assume higher responsibilities (Armstrong, 2006). Third, compensation displays legality of a contract/employment. For a contract to be valid there has to be a consideration, which is partly what a pay or remuneration package serves. Compensation, especially bonuses, which practice sharing of profits with the employees, creates a sense of belonging to the employees. This is extremely important in securing employees’ loyalty during hard times in managerial practices.

In addition, compensation assists in valuing an organization as well as determining its future. Once the HRM office is capable of properly remunerating workforce, the employees are almost assured of their organization’s survival. Usually, when an organization is going under receivership, employees are the first victim as there is reduced employee compensation, which may in acute scenarios deny them their basic livelihood. Finally, compensation and incentives are the easiest motivational practices available for use by the HRM. This is because compensation is directly linked to employee’s welfare more than the improvement of working conditions (McCoy, 1999).

HRM at Coca Cola Company

Coca Cola Company is one of the leading beverage production companies. The firm that traces back its existence in 1886 ascribes to the philosophy that, it is people and not technology creates an effective organization. Employees are regarded as assets and as such their health and benefits are highly considered. Benefits compensations and benefits given at Coca cola company include a basic pay, medical facility, bonuses, picking and dropping of employees to and fro work station, gratuity fund as well as social security. The company has never performed downsizing exercise during its existence which displays a good relationship between the company and the employees (Berger, 2008). The company also practices an open door policy. Open door policy provides an opportunity for feedback from employees and vice versa. Compensation package review is objectively done from the annual performance evaluations. At the beginning of every year, HRM office communicates the objectives of the company and reviews their achievement at the end of the same period. The training policy for employees is well established to ensure that employees do not become obsolete. For example, new employees get a three month paid training while existing employees get a full free on new technology before they can use it. Training of employees is a non tangible compensation that assures employees of their job security.

Conclusion

As drawn from the evaluation above, effective management on human resources requires both scientific and a human relations approaches. The emphasis is both goal oriented as well as human welfare oriented. Any successful organization must invest sufficiently on HRM aspect failure to which the wrong organization culture will be developed. In order to effectively invest on the human resources modern firms ought to institute humane employee relations policies, reviews on package offered, appraise performance regularly, build motivation-oriented culture and possibly institute open channels to assist in participative management practices where employees are deliberately engaged during decision procedures. Conclusively, HR practices are crucial for organizational general performances levels and any move to drive the firms towards higher goals ought to be premised on attainable HR strategic goals. As evidenced, strategic policies crafts a decisive goals’ path for firm’s benefit whilst building effective workforce team.

Human Resources in the hospitality and tourism sector: essay help site:edu

INTRODUCTION

This essay has four parts; First part is the introduction part, second part is the main body of the essay which have two parts. The first part is the assessment of the Human Resources (HR) challenges and issues faced by the hospitality and tourism sector which are; Rapid technological change, Recruitment, high labour turnover and the issue that Human resource Strategic cannot be measured. The second part of the main body of the essay will discuss how both hospitality and tourism sector need an efficient and motivated staff to deliver a high quality service to their customers and who can work together as an effective team. Within this discussion, staff categories basing frontline employees and their importance has been explained, different leadership styles and their roles on overall employees performance, empowerment and the importance of empowering staff, benefit of employee retention and the development of effective teams have been discussed. Third part is the conclusion and fifth part is all about bibliography.

INTRODUCTION PART
“Hospitality is a friendly and generous reception and entertainment of guests, especially in one’s own home” (Hornby, S. A. 1978 p. 300).

Hospitality is a frequently used title for different sectors of the hotel and catering industry, and can be expanded to cover all products and services offered to the consumer away from home including travel, lodging, eating, entertainment, recreation and gaming (Knowles, 1998 p 3).

“Hospitality, is the act or practice of one who is hospitable, reception and entertainment of strangers or quests without reward, or with kind of generous liberality” (Merriam-Webster, 1913)

Generally, hospitality can be defined as washing people’s shoes, going an extra mile on serving, helping and treating people kindly and friendly. To make people feel welcomed, good and relaxed from any kind of strange feeling/situation they have. Like tiredness from work when people travel far for business purposes.

Tourism

According to the general definition adopted from the United Nation’s tourism policy making body the World Tourism Organisation (WTO), tourism involves the movement of people from one location to another outside their own community. (Knowles, 1998 p. 1).

Generally tourism to me means the situation where people travel outside their community and stay more than one day in the destination place. In this world of globalization where the whole world has been like one village we have many tourists all over the world travelling from different places to different destinations. For instance African continent receives a number of tourists every year, Botswana many tourists visit to see Delta, In Zimbabwe to see Water Falls, in Tanzania to see and climb Mount Kilimanjaro as well as to see the attractive national parks. Also many people now days travel for business issues, studying and many other reasons. Another example is ‘giant telescope’ that links London and New York, this was in Tower Bridge London last year 2009. It has attracted many tourists from inside UK and outside UK travelling to London.

Hospitality and tourism industries are two different things but integrating each other. People travel from different places when arrived to the destination places they experience differences and they demand a number of services such as food, drinks, accommodation and sometimes conference cervices. All these services are provided by the Hospitality industries.

MAIN BODY
First part: Human Resource challenges and issues
Rapid technological change

Development of technology where people serve themselves in different day to day service. This has lead to the need of let say a job done by ten people now it is done by 2 people because of technological machines. This is a challenge in the sense that, still human being is a resource companies have to depend on. This is because when machines get breakdowns many people miss the service they want on time which is fully of disappointment especially the moment they need it mostly. Example this is seen mostly in bank’s ATM machines they get stuck and by the time no one around to help or advice. In Hospitality industry, people can serve themselves on Buffet and booking on-line but still human resource is important in monitoring to make sure everything goes well.

Recruitment

“The challenge of HRM then would seem to be how to recruit, deploy, develop, reward and motivate staff, leading to them being a source of competitive advantage” (Nickson, D, 2007).

Organisation and managers in the tourism and hospitality industry face real challenges in recruiting , developing and maintaining a committed, competent, well managed and well motivated workforce which will be focused in offering a high quality ‘product’ to the increasingly demanding and discerning customer (Nickson, D. 2007 p. 2).

Recruiting right candidates has been a challenge as the nature of works in Hospitality and tourism industries are more professional on their own. Example Waitress/Waiter needs someone who is trained on setting tables and all manners in serving customers in hygienic service. Not any one can be picked and work as a waitress/waiter or any other position in these industries.

High turnover

Labour turnover is becoming a big issue and challenge hospitality and tourism industries are facing. This is because of the nature of the job that they require students, youth who are always inpatient to stay long in one company. Also these industries cannot pay high salaries due to the nature of their business operation thus high turnover. It is a challenge for the companies to achieve low turnover at the same time ensuring wise employee retention. Employee retention which allows changing with the technology to deliver best and quality service.

Human Resources Strategic cannot be measured.

The performance and all activities carried on by human resource cannot be measured like it can be to other fields like finance and others. Here the only thing to be done is through screening and assessing the effectiveness and efficiency of work particularly in meeting deadlines. This can be obtained through things like attendance records, time management, and reliability.

Career development and training

This is another issue with Human Resource, and it is a debate on whose responsibility to develop careers. Is it individual him/herself or companies to develop careers of their employees? Sometimes it is a challenge to the companies when they spend money and time to train employees and soon after, the trained employees leave the company.

The second part: How both hospitality and tourism sector need an efficient and motivated staff to deliver a high quality service to their customers

It is true that hospitality and tourism industries are sectors which need an efficient and motivated staff to deliver a high quality service to their customers as well as having ability to work as a team. This is because the two sectors deal with giving people service and the people given service need to be retained to come again and to become loyal customers. If they won’t be treated nicely in such a welcoming way means they won’t come again and if they won’t come again means the business will decline as it depends to the daily arriving customers. So the big challenge these industries have is to maintain the number of guests checking in.

Also staff in these two sectors needs to have team work spirit so that they can help the company to grow in daily basis. This is because departments depend to one another and communication is the key point to make things happening. For instance, Receptionist of the hotel needs to know the status of the rooms all the time. Must know which ones are ready to sell and which ones are not and their status. Most of the time receptionist can get this information from housekeepers. So working as a team is very important in updating one another on what is going on for effective performance. Once there is communication breakdown among the group members things will get stuck somewhere somehow and affect the service delivering.

Also reservation people need to know the status of the room occupancy before doing any reservation. Therefore if there is no team working spirit among the staff you might find a situation where the receptionist is checking in guests to the rooms which are reserved already for other guests. So working together as an effective team among the staff in hospitality and tourism sector is very important.

After explaining the importance of working as a team among the staff members, the following is the importance of frontline employees (includes, receptionists, housekeepers, front office manager and all other managers) in high contact hospitality and tourism service encounters

Front-line employees are the people the guests meet firstly. Therefore if they are not qualified, it will bring down the business because all hospitality and tourism industries are struggling to make sure that their customers get quality and best service all the time and it becomes more advantage when it is their first time to the hotel. For example, a receptionist is seating watching something while the guest is standing waiting to be helped, this customer will be disappointed and he/she might never visit again this hotel. A good receptionist will all the time be aware on what is happening and sometimes she/he can walk outside the reception desk to help a guest who is coming in not to hang, to show the guest appreciation for choosing the hotel, this is what we call Hospitality, going extra mile serving people.

Also frontline employees are very important within the company because they are the one mostly responsible for handling thousands of what Carlzon (1987) called “moment of truth”. This according to him is the moment of contact between customers and the service providers (front line staff). This is the moment customers can be disappointed by failing to meet their expectation or satisfying them by meeting their expectations and sometimes service providers can exceed their expectations which will be better for the company as it retains customers (Carlzon, 1987).

Again, the moment customers arrive to the hotel, it is the good opportunity for the receptionist who are part of the front-line staff to influence the customer’s perceptions of the service quality. And this can be achieved when service providers go an extra mile during the whole circle of the guest checking in, staying until checking out moments. According to Fitzsimmons, A. & Fitzsimmons, J. (2006 p. 197), “The often brief encounter is a moment in time when the customer is evaluating the service and forming an opinion of its quality”

Therefore front-line employees determine other services to be defined as good services if they give positive impression to the guests at first. This is because, the food served in the restaurant can be delicious food with an outstanding quality but if the service provider serves it having a negative attitude, lacking friendly welcoming, the customer will define the service as poor and she/he will not be satisfied (Kotler et al, 2006).

On the other hand, front -line employees are the ones who determine high occupancy in terms of rooms, whereby people get in touch with the hotel referring how firstly they have been treated, helped. This is very important because tourism and hospitality industries are industries which depend to customers arriving and the business does well when the occupancy in all areas is high. Having high occupancy depends on the staffs who directly serve customers particularly font-line staff.

Therefore it is very important and challenge to the Hospitality and tourism industries’ management to ensure front-line staff are well trained with high communication skill as well as high knowledge in customer care service.

This is because the customer’s perception of service quality is more directly linked to the morale, motivation, knowledge, skills and authority of front-line staff that are in direct contact with customers, than in the case of a product selling organization. Therefore the management should become responsive to staff rather than being responsible to their staff. This will help in managing customer satisfaction. (Mahesh, 1988, pp.10-11) Baum, T. (2006)

Leadership on overall employee performance

The employees of the company need to work hard effectively and efficiently to ensure high performance. In order this to be achieved leadership style must be very smart and sensitive to know what employees need. The reason for this is that, the leadership style operating in any organisation has close relationship with the employee’s performance. If the leadership operating does not encourage cooperation with employees, automatically employees will develop negative attitude to their leaders and the company in general as a result will affect their performance.

Leadership is the key or central feature of any industry or organizational performance and therefore it is necessary for the managers to understand the nature of leadership and factors which determine the effectiveness of the leadership and the factors which determine the effectiveness of the leadership relationship (Corlett, S. & Forster, G., 2004 p. 254).

Leadership differs according to many factors including the nature of the industry and so there are different leadership styles. Many theorists have grouped them in three leadership style which are, Authoritarian, Democratic and Leissez-faire leadership styles.

Authoritarian leadership style

This is also called autocratic style of leadership. With this style only managers have say and so they only give orders and instructions to the employees who have little or no room for discussion or even giving out any explanation. Decision making and all company important issues like making policies, work relationships and tasks, planning and strategies towards the Industries objectives are exercised by the managers where employees have no say at all.

This has a negative impact on employee’s performance because they just work complying the instructions given instead of working with commitment. In order to have high performance employees need to have commitment to their works as well as positive attitude to the company’s they work for. This is never happen when the leadership style is authoritarian because employees are not given any chance in anything including decision making, this cause them unhappy and sometimes feel unmotivated which automatically will affect their working performance.

Democratic leadership style

This leadership style encourages efficient and motivated staff who can work together as an effective team because the managers are part of the team and the group members are part of the leadership functions where they are given opportunities in decision making and other important issues including determination of policies and plans and strategies towards the company goals.Therefore,“democratic managers recognize that they are not only leading but are also part of a team and that this requires the others in the team – the staff -to be involved in decision through discussion and explanation” (Boella J.M, 2000)

Democratic leadership style has positive impacts to the company’s performance because people who are the workforce are happy, feeling motivated, feeling that the management cares about them and so they work with high commitment and positive attitude which automatically will lead them performing well. If I was asked to advice managers, I could advice them to opt this leadership style and in order to be good managers who can communicate well with the employees they have to consider that employees acquire new experiences and knowledge particularly on their working areas on the daily basis which they can also share with the management. Therefore managers do not have to ignore employees by seeing them as just employees. To me it is more rational if managers can understand that everyone plays great role on his or her own position and need to be valued. In hospitality and tourism industries, it is not a surprise to find the general manager attending guests by the reception office.

Referring this, managers are not supposed to rely on the use of their position as a means of exercising the functions of leadership rather they must have regard for the need to encourage high morale, involvement spirit and cooperation as well as a willingness to work so that the company can achieve the best results from subordinates (Corlett, S. & Forster, G., 2004 p. 267).

Laissez-faire type of leadership style

This is the leadership style where the employees are given authority performing the tasks on their own or i can say without any supervision. So the employees are responsible on whatever including some responsibilities that need to be handled by the managers.

This is good and has positive impacts on the performance because the moment this style is practiced in a company employees gain the confidence on their jobs and so they can work efficiently and effectively. This is done consciously by the management after observing and sees the employees can work on their own.

On the other hand this has a negative impact on the performance especially when some matters are beyond the employee’s capability to decide and at the same time the managers are less concerned. For instance issues like complaints which need maintenance, employees can only report the problem but cannot solve that’s why companies have managers. Maintenances need management to plan and budget for them not a receptionist or a housekeeper. So when the managers are less concerned and the employee has nothing to do it remains normal problems customers complain about, and sometimes it gives employees hard times with full of stresses that in one way to another cause low and poor performance. For instance the situation whereby the same customers visit the hotel and find the same problem, sometimes with the same receptionist.

“The first step in improving the performance of leaders is to build sufficient organizational capabilities to grow this important asset” (Hall, W.B. 2008 p. 137).

Managements must care about employees in all departments because if some are not directly meet and save customers they play part in supporting those who directly serve customers especially front line staff who are mostly responsible for the moments of truth. I like and I support Carlzon idea that, “If you are not serving the quest, your job is to serve those who are” (Carlzon, 1987 p. 4). This proves the truth that each person in each position plays a great role. This means, if one is a cleaner she/he plays great role of cleaning, who is a manager will seat in a clean and well arranged place comfortable to perform daily responsibilities. So all employees from all departments everyone with own responsibilities are interdependent and so every staff must be valued on his/her position. Good management is the one which take these into account and be the first one to respect and build an efficient and effective working team. Automatically employees adopt.

Leadership also play great role on overall employee leadership by creating environment that encourages the development of skills, learning and openness so that everyone belonging to the team can participate in the deployment of financial and human resources. Again leadership attempt to reduce employee dissatisfaction as it is related to employee’s motivation, interpersonal behaviour and the process of communication which is very important to be effective within the working team members (Corlett, S. & Forster, G., 2004)

“Leadership is vitally important at all levels within the company, from main board to the shop floor. Leadership is the moral and intellectual ability to visualise and work for what is best for the company and its employees… The most vital thing the leader does is to create team spirit around him and near him, not in a schoolboy sense, but in realistic terms of mature adults…To be effective leadership has to be seen, and it is best seen in action” (Sieff, M. 1991 p. 133).

Empowerment
Definitions

Empowerment is a management philosophy that allows work people to take on responsibilities that were once the prerogative of management. (Boella, J. M, 2000 p. 41).

According to Baum T. (2006), “Empowerment is a concept that originally comes from the notion that the individual can take charge of decisions within his or her own life, has, arguably, been hijacked by those more interested in its application as an organizational tool”.

Generally, empowerment is the situation where the people empowered get or gain the ability to do things on their own, if its work they become confident to perform responsibilities efficiently and effectively with less or no supervision.

Strategies of empowering employees

Organizations use different strategies’ in empowering their staffs depending on the nature of the works. For example, in hospitality and tourism industries, according to Fitzsimmons, A. & Fitzsimmons, J. (2006), many senior managers believe that, people want to do good work and they can do so if given opportunity and to get the opportunity is to be empowered. For instance Service master, Marriott and Dayton Hudson, are one of the companies the Senior managers believe this and they have all decided to empower their staff through committing themselves to do the following;

Invest in training people as a main resource than on machines. This is very true because managers have to understand that, although technology is developing and changing everyday to the extent that human being works are replaced by machines still the human resource is the main resource to depend on. Therefore, in order to improve the quality of service delivered people need to have skills on the machines and they must be up to date according to how the technology changes. For instance currently in many hospitality and tourism industry there is use of OPERA system mostly in the front office. And as the technology change always in case there is another system which can be more useful than OPERA the company can still invest in training its employees. Trained staff can be given authority in different daily business operations.

Use of technology to support contact personnel rather than to monitor or replace them, consider the recruitment and training of contact personnel as critical to the firm’s success and to link compensation to performance for employees at all levels.

Importance of empowering employees

When employees are empowered apart from being able to do good work as they wish, it helps them to be able to behave within the boundaries of working environment as a team where they lose any sense of individualism and selfishness which may affect working effectively as a team.

Empowerment as a key toll of any management makes employees confident in decision making. For instance, customer’s complaints need immediate positive solutions. Therefore if employees can decide wisely before running to managers it is more important and potential to the company.

Labour turnover

Labour turnover can be defined as the total number of leavers expressed as a percentage of the total number of employees in a department, unit and/or organization. (Boella, J.M. 2000 p. 166).

Employee retention means the situation where the employees stay working in a company for such long time unlike labour turnover where every time employees resign and the management find itself employing new people all the time.

Employee retention is very important as it is one of the major factors to reduce expenses the company might encounter. This is because if a company can retain its employee means it won’t be spending money in recruiting and selecting of new employees. Also companies which have high labour turn over spend a lot of money to invest on the employees who for one reason to another works for the company for a short time. Example, company can send employees for training paying for their fees, transport and all other expenses including payments while absent at work, but the same employee can leave the company soon after. The company can benefit if this employee’s knowledge can be utilized in the company’s development and it can only be possible if the company can retain its employees.

Also most of the time having employees who have experience with the company is very important because they already know what is supposed to be done, what the company expects from them and such kind of things. This contributes to high performance as the company is having strait forward and focused employees. But when employing new people it costs company not only money but also time to train them until catching up with the system of the company.

It is also advantage to retain employees because instead of Human resources department being busy employing, will be busy in other development strategies and plans for the benefit of both the company and the employees. For instance improving and updating the company policies to match with the economic, social, technological and cultural changes for more and quality service delivery which is the key focus in hospitality and tourism industries.

Companies can retain employees through different ways including the following;

Bonuses, companies can budget for bonuses to employees according to the performance individually, in groups or departmentally. This can be done monthly or yearly referring to the company’s policies. This has been one way companies can retain their employees. When they perform well they know and so by been given bonus, they feel motivated and encouraged that the company also care about them. For example, I ever worked with a hotel where employees strike and some terminate their contracts, the main reason was, for a continuous period of four months they worked very hard serving people for conference which brings a lot of money to the company, so they expected to be given something and by the time the company was not yet decided to do so, they lose patient and left their jobs. Although they were not right as the company was still in plan to reward them, but it make me lent that employees like to be appreciated when they do better.

According to Nickson, D, 2007, “The use of “retention bonuses” to influence employees to stay is one way of avoiding the development of a “turnover culture”.

Job rotation can also be the best way of retaining employees. This has been a best way in tourism and hospitality industries due to the nature of their jobs. Sometimes an employee can be tired with being a waitress for example but still need to work with the company so when changed to another department like house keeper or reception feel happy and so can stay and work. Also changing working environment from one department to another give an employee more exposure and interest of working, as he/she doesn’t feel bored staying in one place. This is a good example I have seen LSC some employees today you will find her in registration office, tomorrow in the library. This is good and it is much better to be practiced in hospitality and tourism industries due to the fact that the service in these industries is unpredictable and it depends to the daily arriving guests.

Again the solution for employee retention mostly depend on the reasons that cause high employees turnover like low wages, working in poor and unsafe environment, poor management.

Some geographical and subsector areas, tourism and hospitality provides an attractive with high status of working environment, competitive salaries and good working conditions, which is obvious highly demanded by employees and it is good in maintaining low staff turnover (Nickson, D, 2007 p. 2).

This is very true to the companies that manage to maintain all those status especially it is applicable in big hotels and good example is Mandarin Oriental Hotel Bangkok which is characterized by low labour turnover. On the other hand the issue of competitive salary still employees in many tourism and hospitality industries are experiencing low salaries. According to Boella (2000), this is because of the nature of the industry’s operations which does not allow the companies to pay high salaries.

This has been the reason for staff turnover because everyone wishes to work with a company which offers competitive salary, therefore when they find another company offers more salary they are attracted and so it has been like life circle for employees in hospitality and tourism industries moving from one industry to another.

Everyone likes to work in a good and safe environment with a competitive pay at least equivalent to what they do. Sometimes, employees might not be satisfied with the low salary but enjoying their job and willingful to work only because the working environment is safe and attractive as well as if the employees within the company have good working relationship.

More over companies can retain customers by having company policy which encourages motivation to employees. Motivation can be through appreciating when staff did well, giving bonuses, paying them on time, listening to their problems, giving them opportunity to participate in discussions and in decision making, bonuses, rewards, promotion, internal recruitment to give priority to the staff.

CONCLUSION

Generally, there is no leadership style that can be used as a model to be practiced in all companies, rather it depends on different factors including the nature of the company, economic, social, political and cultural factors. So we can find leadership style differ from one company to another, place to place, country to country. Good leadership is the one which achieves efficient and motivated staff to deliver a high quality service to their customers and who can work together as an effective team. And this plus retaining customer depends on how employees are motivated in different ways, like, being empowered, appreciated when they have gone extra mile in service delivery, being promoted, trained, bonuses and those alike. Also Managers have to consider that everyone has a contribution to the company’s growth everyone on his/her own position and so they have to be first ones to encourage effective working spirit among them as a result employees will automatically adopt, learn and grow in that spirit. And lastly, leadership has a big role on overall employee’s performance. Leadership plays great role in motivating employees in one way to another.

Economic globalization

Economic globalization is the process of increasing the financial integration amongst countries. Consequently, economic globalization leads to the development of a “global marketplace” or “a single world market”.

Economic globalization is enhanced by the accession of multinational enterprises, which result into the rise of the profits of that “global marketplace”. It is hard to define a multinational enterprise (MNE) as definitions change over time. As Maurice Bye proposed (1958) a company is considered an MNE only depending on the amount of countries it occupies. Specifically he said “…MNE was purely given the name by the amount of countries a company occupied”. However, in 1992, J. Dunning defined an multinational enterprise as “… an enterprise that engages in Foreign Direct Investment (FDI) and owns or controls value adding activities in more than one country”

Therefore, we could argue that a multinational company is a firm company that has “headquarters” in one country but with bases, manufacturing or assembly plants in others.

Following the above descriptions, someone would wonder, how companies become multinational. Indeed, the development of a firm into a multinational company is a long-lasting, expensive and difficult procedure, which we will discuss later.

At this point, it would be good to mention that a firm is any business such as a corporation or partnership. A firm differs from a multinational company by means of the firm’s market being mainly in the country it sells into and having no FDI (Foreign Direct Investment) in any other apart from the one, which it sells to.

During the last few years, there has been observed, a great expansion/augmentation of MNEs (Multi national enterprises). This phenomenon greatly influences the world’s economy.

There are many reasons why firms become multinational enterprises.

To begin with, by becoming multinational, a company can spread risks. More specifically, if the economy in one country is slow, or demand is decreasing, it is highly possible that economy will be prospering in another country. As a result, if a company sells products into a country where the demand is thriving, not only will the profits of the specific company increase, but the country’s GDP will also increase.

Also, via expanding globally (i.e. the development of multinational companies) , the size of the market greatly increases. For example, if 1 out of 6 UK citizens are interested in an X product, it is obvious that respectively, more citizens in the world’s market will be interested in the same product. Therefore, becoming “multinational” not only contributes in the augment of the firms’ profits and gives exposure to more markets but also adds more costumers to the company’s potential database. Moreover, expanding a company’s market, helps increase the world’s GDP, something that constitutes a crucial factor in the outcome of the world’s economy.

Furthermore, as the market is becoming more global-especially through internet- it is a case of “multinational to survive”. More specifically, various companies use the Internet, the greatest innovation of our times, in order to advertise and sell their products. In that way, competition for small companies/firms increases by a high rate, putting companies that use the Internet in advanced position compared that tend to not use it.

Hence, the amount of companies that use the Internet in order to sell their products rapidly increases, making the market global, interconnecting several countries’ market and leading to the boost of multinational corporations.

Moreover, another important factor for firms to develop into multinational companies is cheap labour and cheaper raw materials in several countries abroad. These two factors have a great impact on a company’s profits since they reduce unit costs and hence increase the final profit. Therefore, a firm developing into a multinational company, not only by augment of income (since the company’s product will be available for a larger population) but also by means of reduction of unit costs. Hence, at the simultaneously a company can reduce its unit costs and increase its incomes by just joining another country’s market (i.e. becoming “multinational”).

To continue with, by getting into a group of more “technologically developed” countries and companies, firms can benefit in improving their production. More specifically, by integrating with larger companies, firms incorporate better technological equipment. As a result, firms can produce more efficiently and hence, enhance their profits.

At this point it would be useful to mention the phenomenon of “government subsidizing”. When a government notices a decrease in the country’s GDP (i.e. deficit) due to great import of products, which is expensive and in some cases time consuming, it aims to increase the domestic production. By subsidizing small firms, companies/firms will result in greater production and will therefore commence exporting. In that way, companies will become increase their popularity and eventually become multinational.

However, it is of great importance for firms to obey to specific criteria in order for them to be in fact considered “multinational”.

It is true, that the improvement of technological equipment, transportation of products and development of production processes and communications play a great role in the consideration of a company as “multinational”.

Neil H. Jacoby proposes that a multinational corporation evolves from six stages. The first stage is exporting its products to foreign countries.

In fact, when a country wants to get involved with another country’s market (market share), the government of the first country subsidizes a small company in the second country (country of interest) so as to increase its incomes. This phenomenon is called joint venture exporting and can be more specifically described as the procedure of producing goods in one country and selling them in another one. This procedure is linked to the first stage Jacoby described. Following the procedure of exporting, firms become multinational, increasing their profits and contributing to the outcome of the world’s economy and GDP.

The second stage involves establishing sales organizations abroad.

The next stage involves “Licenses use of its patent and know-how to foreign that make and sell its products”. This process is called “licensing” and it can be the procedure of “when a company offers the right to trademark patent, trade secretor other similarity calued items of intellectual property in return for a royalty or a fee”.

The fourth stage includes “establishing foreign manufacturing facilities”.The fifth stage involves “multinationalizes management from top to bottom” and the last one “multinationalizes ownership to corporate stock”.

Finally, firms tend to become multinational by establishing an “Internet Encarta”. As Quelch and Klein argue: “any company that establishes a site on the Internet, automatically becomes a Multinational corporation:”.

Conclusion:

To conclude, economic globalization is a thriving phenomenon of the past century and has greatly influenced the world’s economy. Indeed, an aspect of economic globalization is the development of firms into multinational companies.

Nowadays, it has been observed that more and more companies aim in exporting their products and augmenting their costumer database. Either by establishing an Internet Encarta or franchising, firms aim to increase their profits while at the same time they contribute in the construction of a global marketplace and the increase of the world’s GDP.

Also, firms that become multinational, increase the global sales and the size of the market. As a result, customers around the world have a greater variety of products to chose from and therefore, increase any firms’ income.

Furthermore, cheap labour and cheap raw materials attract the owners of firms since they lead to reduce unit costs, which again results into an overall profit of the specific firm.

Moreover, the production increases and becomes more efficient since firms start getting involved with a group of more “technologically developed” companies, when cooperating with multinational companies.

The multinalization of firms may seem superficial by means of cultural or social aspects, but in fact, it is not. As Drucker mentions, we live in a world of “Social Transformation”; making firms multinational directly involves integration of countries, cultures and civilizations. Therefore, the multinationalization of firms, contributes in the coalition of countries, cultures, habits and people to result into a global and unified community. Therefore, economic globalization not only serves social purposes but also economic ones. It is the main and most crucial reason for economy and financial flow amongst countries.

Background information about the online shopping market: college application essay help

1.1 Introduction

The purpose of this chapter is aim to provide a background information about online shopping market. This chapter includes the background of this research whith includes the definition of e-commerce, e-retailing and their relative merits; the current situation of online market, especially introduce the multi-channel retail retailing, that encompasses definition of multi-channel, challenges retailers might face and the great potential of this retail style.

1.2 Definition of E-Commerce

.McGoldrick(2002) defined ‘electronic shopping’ as a form of shopping in which some form of electronic communications technology is used at the offering, ordering and/or payment stage. E-commerce takes place between companies between companies and their customers, or between companies and public administrations, (Whiteley, 2000). While Koty(2006) said that:”E-commerce is the process of managing online financial transactions by individuals and companies.” Usually the key components of e-commerce are distinguished between electronic commerce between businesses (B2B), between consumers and businesses (B2C) and that between consumer each other. (McGoldrick, 2002; Timmers, 1999; Whiteley, 2000; Koty 2006). These definitions makes there are multiple perspectives to e-commerce and provide a comprehensive characterization of e-commerce (Holsapple and Sasidnaran, 2009). Holsapple and Singh (2000) provided a five-cluster taxonomy of E-commerce definitions, The five clusters are: the trading view, the information exchange view, the activity view, the effects view, and the value-chain view, also they advanced an integrated definition of E-commerce: (Holsapple and Singh, 2000, p164)

“Electronic commerce is an approach to achieving business goals in which technology for information exchange enables or facilitates execution of activities in and across value chains as well as supporting decision making that underlies those activities.”

These three key models of E-commerce B2B (e.g.: Cisco) is viewed as dealing with manufacturing and wholesale activity, and B2C (e.g.: Amazon) as dealing with retailing and service industry by The US Department of Commerce (2006), C2C e-commerce is consist of online customer auctions, (e.g.: eBay), with providing a platform for buyer and seller to engage in the selling and purchase of retail goods. Base on the total volume of E-commerce transaction in 2004 amounted to US$ 1951 billion which the biggest share is B2B segment, amounting to 93% or US$ 1821 billion, however B2C E-commerce remains perhaps the most visible and easily recognizable face of e-Commerce, ( Holsapple and Sasidnaran, 2009); C2C is still considered to be a fresher and the size of C2C accounts for only a piece of whole E-commerce market, according to industry analysts, In the U.S., consumer online auction sales will reach $65 billion by 2010, accounting for nearly one-fifth of all online retail sales (Forrester Research, 2005), the potential of C2C E-commerce should not be overlooked.

1.3. Definition of e-retailing

Due to this research aim The business of e-retailing has been defined as the sale of goods and services via internet or other electronic channels, for personal or household use by consumers, (Harris and Dennis, 2002). This definition includes all e-commerce activities that result in transactions with end consumers rather than business customers, in another word e-retailing is synonymous with business-to-consumer (B2C) transaction, retailing is synonymous with business-to-consumer (B2C) transaction, it is an activity undertaken by consumers to access retailers’ websites and this may or may not lead to the final purchase of product and services. (Dennis et al. 2004; McCormick, 2009)

1.4 The advantages and disadvantages of E-retailing.
1.4.1 Advantage of E-retailing

First of all, for retail companies in term of location is the most important. The E-commerce, can sell to anywhere in the country even oversea country, location is not as significant as physical retail store. Second, not only big size retailer can take a place in market, in E-commerce small and medium enterprises can compete on equal terms to large ones, it allows them respond to challenges and opportunities by reaching a large audience than high street and can be open 24 hours a day. (Dennis et al. 2004; Gutowska et al. 2009; White, 2000) E-commerce not only increases opportunities for the seller, but also increases purchasing opportunities for the buyer, they can consider a lot of different products and services form a wide range of choices which is broader than conventional commerce. (Schneider, 2004; Levy and Weitz, 2007)

1.4.2 Disadvantage of E-retailing

In other hands, E-commerce has limitation that not all of business can lend themselves to electronic commerce, for example perishable foods and high-cost, unique items, such as antiques, but in the future technologies might be devised.(Schneider, 2004) If retailers want to set up an e-retailing channel, there must have some understandable disadvantages and problems. First, retailer is required a substantial investment for technical know-how. However set-up costs are only the beginning; in order to provide a comprehensive capability the ongoing cost is much more than setting up new sites. Furthermore a continuous cost will be fulfillment and logistics; Legal problems must be considered, if retailer and consumer are not in the same countries, may be the conflict between law and taxation will come up; another disadvantage is that costumers tend to impulse purchases when they have touch, feel or smell the products, which e-selling can not provide. In addition, consumers have a perception that they are more willing to pay less money for the products as same as in-store. Finally, for oversea customers, the after-sell service could be difficult. (Dennis et al. 2004; White, 2000)

1.5. The value of online shopping market.

The Internet has been developing for three decades eventually during the mid-nineties, the commercial use of the internet triggered high expectations in both executives and investors. (Brache and Webb, 2000; White, 2000; Senn, 2000) Online shopping is broadly defined as an activity that includes finding online retailers and products, searching for product information, selecting payment options and communicating with other consumers and retailer as well as purchasing products or services. Therefore, online shopping is one of the most important online activities. It has also made significant contributions to the economy. (Cai,Y. and Cube, B.J. 2008) according to Verdict (2007), In 2006 online spending grew by 33.4% to £10.9bn and it predicts that in the UK online spending will reach £28.0bn in 2011.Even in the time of recession, for instance, in the UK, online shopping volumes are continuing with double-digit growth (IMRG,2008), whereas the performance of traditional shopping is unsatisfactory. It has a wide range of retail products such as clothing, clothing accessories, electronic devices, electrical appliances, computer hardware and software, books and magazines, food and beverages, health and personal care items, sporting goods, music and videos, and office equipment and supplies (Holsapple and Sasidnaran, 2009) The scale and growth of internet shopping is impressive. In 2005, the most recent year for which reliable figures are available, sales to households were over £21bn – a fourfold increase during in the last three years. There are millions of people and thousands of businesses getting benefits. Over 20 million UK adults shopped online in 2005, with 56 per cent of internet shoppers participate in the survey having spent over £500 each during the year. In the same year, an estimated 62,000 UK businesses were selling online to households. (OFT, 2007)

1.6. The multi-channel retailing.
1.6.1 Definition

Consumers today have many categories of shopping choice, they can choose one of category for themselves which is they like and suit for them. In order to fulfill customers purchase needs, retailers are aware of the increasing importance of offering an alternative ways for them, adopting multichannel retail strategy. (Nicholson et al. 2002; Pellegrini, 2005)The term multichannel retailing is relatively new strategy of retail marketing, generally, the first meaning of multichannel retailing is probably considered to be that a retailer offers goods through both a physical stores and the internet retail, the so called approach. (Pellegrini, 2005) This is not a comprehensive definition, Pellegrini (2005) mentions it can be extended in tow ways, it could be a retailer using all of channels, both physical (different store formats) and virtual (TV, the internet, catalogues) otherwise, it could be summarized as respect to the retail environment and the choice of channels open to consumers, without making reference to a specific retail company. Thus Pellegrini (2005) defined multichannel retailing as a retail environment that allows consumers to purchase the same good or category of goods in different store formats providing differentiated services. However, Duffy (2004) claim that the online component of multi-channel is critical to the success of the overall effort and it is becoming more powerful, sophisticated and measurable. When discussing multi-channel in this research is referring to online retailing and retailing from physical shop.

1.6.2 Challenges for multi-channel retailing

Thus, retail business face a huge challenge with a potential impact not encountered since the industrial revolution – surviving in a business model that includes the Internet. There are several reasons of traditional retailers are paying more attention on their electronic channel and evolving into multichannel retailers. First it overcomes the limitation of primary existing retail format, retailers can expand spaces which make more merchandise can be displayed and more assortment can be offered, provide more detailed information of products; second, retailer can reach out to new market and expand customer base through electronic channel; third when customers visit website of retailer, over forty percent of these customers tend to make purchase in retailer’s physical store, this is to some extent stimulate the growth of sales; fourth, an electronic channel can help retailer gain valuable information about how and why customers shop and are satisfied or not, meanwhile get a better understanding of consumers’ shopping behaviour, (Levy, M. and Weitz, B. A., 2007) In a word retailers has saw its great potential then adopted marketing strategy.

Some retailers which are going to move into multi-channel simply assume that ‘more is better’ and extend to internet would attract new customers and make profits upward; or they think their business could be easily adapted to multi-channel marketing environment. Multi-channel retailing is a business approach, a strategic process to retain a strong brand from channel to channel in a highly competitive market. Actually, there are still many challenges when retailers move into multi-channel, because the internet requires a high up-front investment in order to build an effective web presence to compete with exist ones. After the Internet established, retailers face the risk that this huge investment channel may cannibalize existing sales rather than serve as an opportunity for new customer acquisition, further decreasing profitability after a short run. A big problem for a new multi-channel retailer is delivery, on average, a flow of outbound shipments averaging 1.8 items per order is required for online sales to addresses all over the country, and consequently a comprehensive delivering line is necessary. (Gordon and Schoenbachler, 2002)

However, when businesses moving into the multi-channel, how to improve the channel has been a focus, another issue the multi-channel should face I how to drive customer to the channel with out offending other channel members.( Gordon and Schoenbachler, 2002) In fact, multi-channel marketing focus on the consumer contact rather than channel likely success, (Langford and Cosenza, 2000) multi-channel approach can be seen as a customer-centric approach that help companies to know how consumer interact with business.(Haydock, 2000)

1.6.3 Potential of multichannel

Customers are more sophisticated in their use of different channels, if technology makes multi-channel possible, the evolution of multi-channel is driven by consumer.(Verhoef and Donkers, 2005) There is a chance to increase consumer expenditure and increase financial performance if the firm applies multi-channel strategy, Myers, Pickersgill and Metre (2004) found that multi-channel consumer spend more 20%- 30% than general consumer, moreover, the consumers with higher purchase frequency and spending levels (heavy users) likely prefer shopping through multiple channels. (Venkatesan et al., 2007) due to they purchase more, they have greater familiarity with company, Kumar and Venkatesan (2005) considered that multi-channel customers are more valuable, make channels retailer used are more effectively. Meanwhile, the multi-channel retailing provides a greater convenience and opportunities for retailers to interact with consumers; Ribbink et al (2004) found that this multi-channel strategy makes more value for the customer and help company to achieve higher goals. Through Brand loyalty to retain customers is the key point for consumer e-loyalty and retailers recognize.

Payne and Frow (2005) and Boulding, Staelin, Ehret and Johnston (2005) carried out research concerning customer relationship management, emphasising that the key point to multi-channel retailing is to create a strategy that adds more value for the customer, enabling the firm to achieve better results. Much research has been carried out regarding consumer e-loyalty and retailers recognise the importance of retaining customers through brand loyalty. (Srinivasan, Anderson and Ponnavolu, 2002; Ribbink, Riel, Liljander and Streukens, 2004; Reibstein, 2002)

Integrated multi-channel retailing is a business approach, a strategicprocess to retain a strong brand from channel to channel in a highly competitive market

Cheng, J. M. S., Tsao, S. M., Tsai, W. H., and Tu, H. H. (2007) “Will e-Channel

Additions Increase the Financial Performance of the Firm: The Evidence from

Taiwan”, Industrial Marketing Management, 36 (1), pp 5-57.

Ribbink, D., Riel, A., Liljander, V. and Streukens, S. (2004) ‘Comfort your online customer: quality, trust, and loyalty on the internet’, Managing Service Quality, Vol.14, No.6, pp 446-56.

1.7. Summary

Due to the development of online shopping and the great potential of multichannel, the future of online market is bright which lead to study of online shopper behaviour has become more and more important. It does not only help marketer make effective strategies, but also assist online shopping market further development. According to the literature review the online consumer behaviour is a relatively new area; there are several differences from traditional consumers. The research is aim to investigate how the online environment affect online consumer behaviour, the next chapter will review the literature associate with e-shopper buying behaviour to provide the initial understanding of consumer behaviour in the online shopping context.

2.1 Introduction

With the increase of online shopping and application of multi-channel, the study of e-consumer behaviour is increasingly crucial for retailer (Dennis et al., 2004). In the research of Dennis et al. (2009), consumer behaviour is divided into two orientations, consumer orientation which includes shopping orientation, motivation for e-shopping, perceptions of risks and benefits, demographics of consumer and psychological characteristics. Another is technology orientation; it means the technical specifications of an online store, refers to interface, design and navigation, payment, information, intention to us and ease of use. In early research, e-consumers were different from the typical traditional shopper. Brown et al. (2003) status that e-shoppers tend to pay attention on functional and utilitarian, they are younger than average and more be male, usually have higher education level and social status. However, in recent research, Jayawardhena et al. (2007) get an opposite result that indicate the consumer behaviour in both traditional market and online market are very similar, there are non-functional motives for e-consumer about recreational and psychological gratification(Parsons, 2002) and it reflects in social networking sites and e-word of mouth. (Dennis et al. 2009)

Accordingly in this chapter e-consumer behaviour literature review will be executed from these two aspects. Orientation of consumer behaviour research and make an initial analyzing changes of e-shopper behaviour from past to now.

2.2 Characteristics of e-shopper

With the development of technology, the characteristics of consumers are changing gradually. The advent of online shopping gave retailers one more way to classify consumer with similarities and provide apparent differences from earlier shoppers. (Dennis et al., 2004) Donthu and Garcia (1999) characterized e-shoppers as following:

More innovative in their shopping activities;

Convenience oriented;

More impulsive in purchases;

Less brand conscious;

Less price conscious.

However, over one decade there are more or less changes in characteristics of consumer. Due to they are more innovative, the World Wide Web which is restricted by desktop or laptop is not the end of e-retailing. Nowadays the technology allows e-consumer to purchase through mobile and use e-retailing anywhere. They share the characteristics of earlier e-shoppers in that they are likely to be innovative consumers and impulsive in their purchases as they looking for shopping convenience. (Fenech, 2002)

The differences are that one is consumers in current e-retail marketing are inclined choose products and services from a well-branded retailer internet channel; this is the reason some successful retailers are also successful in online marketing. (Dennis et al. 2004) Because shopper loyalty in-store and online are linked, (Kimber, 2001) such as Tesco have a positive image in both in-store and online, it get 20 per cent more on average through online shopping channel, and become a leader of UK grocery market. (Dennis et al. 2004) Due to the security concern, online consumers prefer to shop form their recognized retailers. (Bourlakis et al. 2008)

Another one, the internet application increase consumer price sensitivity, e-shopper can easily make a price comparison from different retailers. Koyuncu and Bhattacharya (2004) indicated consumers are inclined to increase their shopping from the internet since online sopping provides better prices. The rise of online action also makes consumers dictate price. For example, Ebay is an online auction company which obtains growth in popularity with thousands of buyers and seller bidding daily.

2.3 Motivations for e-shopping.

consumer acceptance of online shopping has attracted widespread attention, Benjamin an Wigand (1995) claimed when first time the internet as a shopping medium to offer consumer service, it was considered as the most appropriate for consumer utilitarian needs. This functional aspect for shopping motivation refers to convenience, price and product range/access (Parsons, 2002, Rohm and Swaminathan, 2004) For example, one model of Bakos (1997) research demonstrated that the reduction of search cost may “destabilize a monopolistic equilibrium and eradicate sellers’ profits” This search cost encompasses both time cost and price cost. Accordingly, people who shop online are considered as time-poor that restrict them to do regular shopping and they would like to spend their non-work time in more recreational pursuits. (Parson, 2002)

There are two dimensions to consist of motivations to engage in retail shopping, utilitarian and hedonic. No exception in online shopping, although social and pleasure motivations are important for physical shopping, exclusive of some qualification, they are important for e-shopping as well.(Parsons,2002; Babin and Attaway,2000 ) Similarly, Childers et al. (2001) found that the attitude to internet shopping was strongly affected by enjoyment. On one hand, non-functional motivations attract customer into Website, and also enhance the value of functional attributes, thereby build a series of sustainable competitive advantages.(Parsons,2002)More recent researches reflect the functional benefits are no longer engage online buying; actually e-consumers increasingly tend to enjoy hedonic attributes online. (Bridges and Florsheim, 2008) Thus, customers who has positive attitude about one web site are more satisfied and more likely to make purchase. In one word, hedonic benefits and utilitarian benefits both have positive relationships with online stores attributes. (Childers et al. 2001; Shang et al. 2005)

2.4 The perceived risk of online shopping

Consumers usually feel worry or risk when making a purchase, and the general results from related studies indicate that consumers who are online shoppers have a higher level risk than purchase in store. (Samadi and Yaghoob-Nejadi, 2009) Perceived risk is a function of the uncertainty when making a purchase that may have unpleasant outcomes, (Forsythe and Shi, 2003) which strongly affect consumer behaviour, because people do not want to make mistakes. (Mitchell, 1999) a significant risk might lead to avoid or abandon the purchase activity.

The level of a perceived risk depends on many factors; Fenech (cited in Dennis, 2004) status that risk is a multi-dimensional construct for online shopping. In most cases perceived risks are divided into 6 types. These are the financial risk, which means possible monetary loss to a consumer; the product performance risk, it refers the loss incurred when a product or a brand performing less than expected; the social risk, it is defined as consumers’ assumptions from other people’s attitudes whilst shopping; the psychological risk, it means the possibility of customer discomfort about the purchase, such as disappointment, frustration; the physical risk often refers to the use of senses, like touch and smell; and the time/convenience risk, that means loss of time and inconvenience occurred because of difficulty of navigation and/or submitting orders, or delays of receiving merchandise, or faulty return policy. (Vijayasarathy and Jones, 2000; Forsythe and Shi, 2003; Featherman and Pavlon, 2003, Bourlakis et al. 2008) meanwhile, research also indicated that financial, time/convenience and privacy issues are the most important concerns influence the use of e-shopping. (Vijayasarathy and Jones, 2000; Featherman and Pavlou, 2003)

In order to diminish these risks, building trust has become a precondition for encouraging and nurturing online shopping. To some extent, the increasing use of internet can diminish financial risk, and experienced online buyers perceive less financial risks than inexperienced ones, furthermore, men perceive financial risks less significant than women. (Forsythe and Shi, 2003) There are many key issues affect consumer trust in internet shopping, for instance, credit card assurance policies, product warranty policies, policy on returned products, availability of escrow service, and ability o fuser friendly, reliable, efficient web navigation and animated shopping environment. (Lee and Turan, 2001,)

2.5 Demographic characteristics of e-consumer.

Emotion and trust are the tow dominant variables of online consumer shopping behaviour, but Girard et al. (2003) believed that demographics determinants, such as internet usage ,age, gender, education, income and employment status have critical role to play. Understanding the effects of these determinants can help e-retailers to make effective strategies. (Xu, 2008) Brown et al (cited in Bourlakis et al. 2008) research reported that the differences between demographic groups in the UK are gradually degressive which are reflect in the special demographic groups are catching up, such as older people and lower socioeconomic groups. However, in some research, not all the demographic elements have a positive relationship with e-shopping, maybe just because these variables result in other deeper structure variables. (Chang et al., 2005)

2.5.1 Internet usage

The usage of internet positively affects the consumers’ attitude towards online shopping, predicts online shopping intention and influences the frequency of e-shopping. (Chang et al. 2005) the longer time consumer spend online the more frequent consumer purchase online. (Jayawardhena et al., 2007) besides the characteristics that are younger, higher income, and better educated, online shoppers have more ‘computer literacy’ (Swinyard and Smith, 2003; Allred et al. 2006) Kim and Park (2005) found that when people search information form one channel, they also tend to make purchase through the same channel.

2.5.2 Age

In contrast, younger consumer tent to seek alternatives, younger men are regarded as the early adopter of online shopping, they have positive attitude to such a new shopping channel (Korgaonkar, 1999) younger customers likely to purchase online than older consumers, many researches argue that most e-consumers are young men with more knowledge about the internet; also they have better education and higher incomes. (Brown et al. 2003; Vijayasarathy, 2003 and Swinyard, 2003)

2.5.3Gender

In fact, the effects of gender about online shopping is multifarious, the first adopters of e-shopping are male consumer. (Jayawardhena et al., 2007) Nowadays, more and more women are shopping online that lead to the gap between the effects of gender element becoming narrow, (Colley and Maltby 2008) However, the gap is still exist, differences are reflected in (1) attitude towards online shopping; (2) online shopping motivation; (3) online information research and (4) their online purchase intention. (Xu, 2008) Ha and Stoel’s (2004) found that females likely to be more innovative and use the internet more frequently for searching information about apparel product than male consumers. Also the level of perceiving fun, females are higher than males. This helps retailers improve the efficiency of marketing strategies such as target females with non-price promotional offers. (Carpenter and Moor, 2008)

2.5.4Education

Education has significant and positive relationship with the time spent for information of products and services, (Joines et al. 2003) people who has higher level of education tend to pay attention on prior gathering and processing information then making decision, moreover, when dealing with new information, better educated consumer feel more comfortable.(Homburg and Giering, 2001) Because, the level of education may influence occupation and income, disadvantages in education result shortcoming in occupation and income, then difficult in paying the internet fee. (Wasserman and Richmond-Abbott, 2005)

2.5.5 Income and Employment status

Similarly, many studies emphasized there is positive relationship between income and online shopping, due to the time saving and convenience characteristics of e-shopping, people who have higher income level likely to have higher intention to purchase online, Allred et al. (2006) also noted that e-shoppers are wealthier. The reason may be that most consumers who have full-time work tend to have more income than part time ones, therefore they usually feel greater time pressure for shopping, and furthermore they are attracted by fast delivery, opening times and low prices (Dholakia, 1999; Vrechopoulos et al., 2001)

About employment status, Xu and Paulins (2005) found that students’ attitudes about e-shopping for apparel products are affected by employment status, they indicated that compared with non employed students, students who have employment either full time or part time, have limited free time, may experience more time pressures, thus employed students choose online shopping in their working counterparts than in their leisure time.

2.7 The web experience

Constantinides (2004) gave a comprehensive literature review which concluded the main factors influence e-consumer behaviour, these factors are divided into two categories, consumer characteristics and environmental influences are controllable factors and product/ service characteristics, medium charateristics and merchant/intermediary characteristics are unctrollable factors. Retailers make the consumers perceive ease of use and usefulness of website through controlling these elements. Usually the elements may refer to security features of sites, website layout and linkages to other websites (O’ Cass, and Fenech 2003) which are relevant with technical specification of an online store.

However, many online companies still struggle with understanding their target consumer and do not know how to driving online channel (Jonies et al., 2003)

Kotler (2003) noted that the consumer buying process occurs in sequence from learning to decision making, and each step reflects the degree of consumers involvement purchasing. Also marketers can influence the consumer behaviour and final outcomes of interaction between seller and consumer through engaging different marketing tools which are known as marketing mix, such as products, price, and promotion. (Kolter and Amstrong, 2001) In the online shopping context, experience and enjoyment build up “e-interactivity” which includes visual merchandising and the impact of all senses on consumer behaviour. (Dennis et al., 2009) Kotler (2003) has added the web experience into the traditional buying behaviour frameworks. A result is showed from some of academic and practitioners have realized “online shopping experience” or “virtual experience” is one of important marketing issues. (Constantinides, 2004)

Web experience is much more complicated than physical shopping experience, because the consumer is not only a shopper but also the user of information technology. (Cho and Park, 2001) marketers directly control online marketing tools to affect buying behaviour of virtual consumer, and resulting the total impression of consumer towards online retailer named web experience. Such as searching, browsing, finding, selecting, comparing, evaluation information as well as interaction and transaction with the online company are all facets of web experience. (Constantinides, 2004) Constantinides (2004) also noted there are several elements aim to influence customers’ attitudes and final outcome of online interaction by affecting their total impression and actions, that are design, events, emotions, and atmosphere as well as other elements experienced during interaction.

The web experience is crucial parameter for pure e-retailer as well as multi-channel firms, an interior quality of web experience does not only influence the internet sale but also damage the physical store profit.(Constantinides, 2004)If a multi-channel retailer provides superior web experience can strongly effects their store customers’ attitudes and perceptions, thus driving more traffic to increase sales. According to Nua Internet survey (2002) which showed that 60 percent clients who have a negative shopping experience either online shopping or store shopping tend to change opinions and select another brands to purchase, and also underline web experience has positive effects on traditional channel. Therefore, besides basically meet customers’ product needs and expectations, a superb web experience is also designed follow the steps of their buying process.(Constantinides, 2004)

2.8 Summary

This chapter reviewed the e-consumer behaviour theories form the synthesis of three different aspects, the e-shopper buying behaviour can be differentiated by consumer orientation and technology orientation, by utilitarian and hedonic motivations and by factors which can be controlled by marketers. To link with the research topic, then suggests that investigations to explore and analysis online selling environment that affects consumer behaviour is crucial. The following chapter will review the literature of online environment affecting online shopping behaviour in detail to further support research progressing.

3.1. Introduction

Customer acquisition and retention are strongly affected by effective retail environment, McGoldrick (2002) noted that store selling environment is the key to decide that whether shopping experience is convenient and attractive, it has been using as a powerful weapon to differentiate brand image, retailers realize that they are in an “experience” economy, even no exception with electronic shopping. Ribbink et al. (2004) discussed that the awareness and image built for online store can be transferred to brick and mortar stores. Compare with traditional store design, the scope of online store design is greater because it has to cover almost everything that should be covered by interaction with salesperson only through computer screen; furthermore, such customer service and after-sales services also have to be incorporated into the design. (Dennis, 2004) For the purpose of achieving a consistent customer experience, website design is used to convey the appropriate mix of beauty and functionality. This chapter will detail review e-store design for online environment base on online fashion environment model which given by McCormick and Vazques (2009), especially investigate consumer’ perception of the online environment.

3.2 website design

e-store design is usually refers to e-store website design, McCormic(2009) noted that due to the attributes of the internet, which is a service and information medium and used as a marketing tool, the whole online environment is visble, accessible and available to consumer. McCormic believed that ease of use, visual appearance, information quality and interactivity are considerations of online environment building up. This is relevant with an integrated framework for e-store design provided by Dennis (2004), Navigability, Web atmospherics and interactivity are the components of website design, Dennis discussed that navigability and interactivity are the technical components that navigability as the fundamental block of e-store design and progress to interactivity, and web atmosphere has similarity with traditional store environment. McCormick and Vazquez (2009) gave a comprehensive model of online fashion environment, shows in Figure. 1. The following literature review will carry out in turn base on this framework.

3.3. Navigability

Navigability seems as the most fundamental element of website design, which allows consumers are able to browse around the site easily and efficiently. (Dennis, 2004) most of online shoppers take web navigation to be a key driver of online shopping due to the time compression, they mainly concern about finding correct product efficiently and purchasing in a short time. Balasubramanian et al (2003) believed that a well designed website and easy navigation can easily create website satisfaction. In physical store customer navigate product through store layout which designed in one or more types, this is also applied for online shopping environment, Ha et al (2007) addressed this problem by setting product departments and merchandise directories to online merchandising categories like setting in offline store. Likewise, due to the touch and smell limitations of online shopping when product presenting, (White, 2000) the design has to create a similar experience like in traditional store as much as possible to cut down consumer perceived risk

3.3.1. Search classification

3.3.2. Interactive viewing

3.4. Online Atmospherics

There are many studies noted that online atmospherics are similar with physical selling environment. (Childers et al. 2001)

4 Methodology

leads to the analysis of the Internet shopping determinants and motivations becoming increasingly crucial, and increases the requirement to analyse and conceptualise online consumers’ shopping behaviour to facilitate individual e-retailers in setting effective marketing strategy/strategies, and also further to assist online shopping market development in a direction of fast and yet stable profit growing. The next chapter will evaluate and analyse consumer behaviour theory literature to provide the fundamental concepts for understanding consumer behaviour theory in the international online shopping context. Chapter 4 will provide an analysis of the literature and detailed evaluations of online shopping determinants, motivations, information search and purchase decisions in online shopping. The combination of chapter 3 and chapter 4, will provide the essential elements acting as a basis for online shopping behaviour new framework development and aid conceptualisation and evaluation of online shopping behaviour theory.

Analysing, and The next chapter will review the literature associated with the online shopping market, Chapter 3 will review the literature associated with consumer behaviour models; Chapter 4 will review literature related the variables affecting online shopping behaviour

Sites delivering superb Web experience are designed in a way not only addressing the client’s product needs and expectations but also assisting the customers through the steps of the buying process that many online firms still do not completely understand the needs and behavior of the online consumer (Lee, 2002) while many of them “. . . continue to struggle with how effectively to market and sell products online” (Joines et al., 2003, p. 93

Thesis reference

McCormic, H. (2009) Analysing and Conceptualising the Online Fashion ShoppinG Environment

Xu, X.G. (2008) Analysing and conceptualising online shopping behaviour in the UK

Constantinides, E. (2004), ‘Influencing the online consumer behavior: the web experience’, Internet research, Vol.14, No.2, pp 111-126

Dholakia, R. R., Uusitalo, 0. (2002) “Switching to electronic stores. * consumer

characteristics and the perception of shopping benefits “, International Journal of

Retail & Distribution ManagementVolume: 30 Issue: 10 Page: 459 – 469

The study of Consumer behaviour can provide a series of significant information to the marketer about how the consumer behaves before, during and after purchase. It clearly identifies the factors that influence marketer’s decision making process and tells marketer who are involved and how is the buying done. According to this understanding the marketer is going to design corresponding strategies and implement.

. For e.g. multiplexes know that people like to see movies on weekends and evenings and therefore, evening and weekend shows are priced higher than the morning and weekly noon shows. They also know that there is a crowd of people like college students who are highly price sensitive so to balance the traffic they adopt such strategies. The probability of success increases if a marketer knows his consumer well and has done proper research of his behaviour.

There is a widespread recognition that consumer behaviour is the key to contemporary marketing success (Hawkins et al., 2003).

Hawkins, Del I., Best, R. and Coney, K. (2003), Consumer Behaviour: Building Marketing Strategy. Boston, Massachusetts: Irwin McGraw-Hill

Consumer behaviour studies have been conducted in many countries of the world. In marketing, consumer behaviour has become the most important sub-field

The Heart And Its Function

The heart is considered as the body’s circulatory pump, located in the thoracic cavity. It is made up of four chambers, two upper chambers known as Atria and two lower, thicker walled chambers, known as Ventricles. It has a strong muscular wall and is made up of a special type of muscle known as myocardium, which is only found in the heart. The septum divides the two sides of the heart and four one way valves control the blood flow. The blood flow carries oxygen and vital nutrients to all parts of the body. The blood then returns to the heart via the veins. The blood returns to the heart at the same rate as it is pumped out, it takes just one minute for it to complete a full circuit of the entire body. (Refer to diagram) (Taylor, 1999-2013). [1]

The flow of blood through the heart:

De-oxygenated blood returning from the body enters the superior and inferior vena cava. It enters the right atrium, is pumped through the tricuspid valve into the right ventricle, from the right ventricle it is pumped through the pulmonary semilunar valve to the pulmonary trunk. The pulmonary trunk carries the blood to the lungs, releases carbon dioxide and absorbs oxygen. The blood returns to the heart through pulmonary veins. From the veins, it enters the heart again through the left atrium. The left atrium contracts and pumps blood through the bicuspid valve (mitral) into the left ventricle. The left ventricle pumps blood through the aortic semilunar valve into the aorta. From the aorta blood enters the systemic circulation throughout body tissues until it returns to the heart. Then the cycle begins again. The heart beat sound is known as the ‘lubb’ and ‘dupp’, this is where the blood is pushing on the valves of the heart. The ‘lubb comes first and is longer. The ‘dupp’ is shorter and comes second. This is caused by the opening and closing of the semilunar valves. (Cancer Research, 2013). [1]

The heart wall is made up of three layers:

Myocardium:

The muscular middle layer, containing striated cardiac muscle tissue and is responsible for pumping blood and the heart’s pumping action. (Taylor, 1999-2013)[2]

Endocardium:

This lines the inside of the heart and is very smooth and made up of loose connective tissue and simple squamous epithelial cells. It prevents blood from sticking to the inside of the heart and also prevents blood from clotting. (Taylor, 1999-2013)[3]

Epicardium:

This is the outermost layer of the heart, made up of connective tissue. It protects the inner structure of the heart and is also known as the visceral pericardium. It helps hold the other muscles close together and also acts as an anchor for the heart. (Taylor, 1999-2013). [4]

Blood Tissue, Its Function and Circulation

Blood is the body’s transport system and works to perform several functions. Although it is a fluid it is made up of connective tissue and is vital for the body as it could not survive or remove bodily wastes, without it cells and body tissues would die.(Anglin, 2014) The circulatory system is pumped by the heart and always circulates through the body in the same direction. Arteries carry blood full of oxygen to all parts of the body, the further away from the heart the smaller they become, eventually turning into capillaries. Blood helps to keep the body at the right temperature and maintains blood pressure and volume. It transports oxygen and carbon dioxide for delivery and disposal. It transports oxygen and nutrients to cells, removes waste and transports hormones. (Cancer Research, 2013) [2]

Plasma:

Plasma is the fluid part of blood and makes up the most volume. It is a pale straw coloured liquid of which 90% is water. It contains proteins, glucose and other dissolved nutrients. Its function is to make sure cells flow throughout the body and also helps to maintain the body’s blood pressure and volume. (Ivy Rose, 2003-2013) [1]

Red Blood Cells:

Erythrocytes are flexible disc shaped cells with no nucleus, their main function is to transport oxygen to the body’s cells and deliver carbon dioxide to the lungs. It contains enormous amounts of protein called haemoglobin, which is responsible for its dark or bright red colour. They are also important in determining your blood type. (Ivy Rose, 2003-2013). [2]

White Blood Cells:

Leucocytes are the body’s defence army within the blood tissue and make up less than 1% of the blood. They are the only true cells in the blood and are not limited to the blood stream. There are many types of white blood cells, each one has a different structure and function and are part of the immune system. (Ivy Rose, 2003-2013). [3]

Platelets:

Thrombocytes these are cell fragments that help in blood clotting. At the site of an injury, platelets will stick to the exposed collagen and trap other blood cells in the form of a clot and stop blood from flowing and preventing excessive blood loss. The platelets contract and pull the injury back together, the blood will clot and aid in healing. (Ivy Rose, 2003-2013).[4]

Blood Tissue Function

Blood is mainly for transportation of dissolved gases and of metabolic waste. It also helps to maintain the body’s temperature. It removes toxins from the body, via the kidneys in the form of urine or sweat. (Pearson, 2014). [1]

Blood Vessels Structure and Function

Arteries: these carry blood from the heart under high pressure. They have thick outer walls and thick layers of muscle with elastic fibres. (Pearson, 2014). [2]

Veins: these work under low pressure and have thin walls and thin layers of muscle with elastic fibres. They have one way valves so that blood continues to move in the right direction. (Pearson, 2014). [3]

Capillaries: their function is to allow food and oxygen to diffuse cells and waste is diffused from the cells. They have thin walls, only one cell thick which allows them to perform their job more effectively. (Pearson, 2014). [4]

The Respiratory System

The primary function of the respiratory system is to supply the body with oxygen through breathing, this action is involuntary. By inhaling oxygen and exhaling carbon dioxide, through gas exchange. This process is achieved through the alveoli, which are adapted to make gas exchange happen easily and efficiently. The alveoli has an enormous surface area due to the blood vessels and capillaries, the walls are moist and thin, this is because of a substance secreted inside the alveoli known as surfactant and is produced by specialized cells. Because the surface area of the alveoli is so big this enables gas exchange to take place more efficiently. Gases move by diffusion, from high concentration to low concentration, oxygen diffuses from the air in the alveoli into the blood and carbon dioxide diffuses from the blood into the air in the alveoli. Your respiratory system is made up of airways, your lungs and blood vessels and muscles attached to them. Air is sucked in through the mouth and nose, through the voice box, down the windpipe, and into the two lungs. Tiny mucous covered hairs known as cilia, act as filters to remove any foreign particles or germs. Once in the lungs the air goes to blood vessels that are connected to veins and arteries, which then carry it throughout your whole body. When you exhale carbon dioxide leaves the body the same way oxygen was taken in. Coughing or sneezing is our body’s way of removing these particles and germs. Abdominal muscles help the lungs to expand and contract in order for us to inhale and exhale. (Taylor, 1999-2013). [5]

Our respiratory systems are made up of many components: (Pearson, 2014). [5]

Pharynx
Trachea
Epiglottis
Larynx
Bronchi
Alveoli
Lungs

Cellular respiration

Cellular respiration is made up of three main stages, glycolysis, which means ‘splitting sugars’. This can occur with or without oxygen, without oxygen glycolysis makes only small amounts of ATP, this is known as fermentation. (Bailey, 2014). [1]

The second stage is known as Krebs cycle or the citric acid cycle. Two molecules of the three carbon sugars produced in glycolysis is converted into acetyls COA, known as NAD and FAD. These reduced forms carry ‘high energy’ electrons to the next stage. Citric acid only occurs when oxygen is present, but does not use oxygen directly. (Bailey, 2014). [2]

The third stage is electron transport and requires oxygen directly. It’s a series of reactions where ‘high energy’ electrons are passed into oxygen. This process produces ATP. (Bailey, 2014).

Equation for Cellular Respiration: (Sharata, 2011).

Aerobic and Anaerobic Respiration

Aerobic respiration happens when glucose reacts with oxygen; it takes place in the mitochondria. For one molecule of glucose aerobic respiration produces 38 ATP, anaerobic only produces 2 ATP molecules. The end product of aerobic respiration is carbon dioxide and water and the end product of anaerobic respiration is ethyl alcohol or lactic acid and carbon dioxide. Therefore, aerobic respiration produces significantly more ATP than anaerobic respiration. (Scoville, 2014).

Effects of Exercise on Cardiovascular and Respiratory System

When you begin exercising your energy requirements increase instantly, the increased demand places stress on the cardiovascular and respiratory system to deliver more oxygen to working tissue cells and to remove carbon dioxide to remove carbon dioxide and other waste from tissue cells. (Ohara 2009). Blood flow must increase and the heart must pump more blood. Regular exercise results in increased cardiac output, this results in an improved delivery of oxygen to active muscles. The more you exercise the more efficient cardio-respiratory system becomes at supplying oxygenated blood throughout your body. Exercise can also form an addiction, which could also be detrimental to your health. (Kochen, 2014).

Excessive exercise can have an adverse effect on the heart, scarring, enlargement and stiffening of the heart can occur with excessive training. There could be an increased risk of stroke and possibly developing heart rhythms. (Web MD, 2005-2014). Also you could suffer from exercise induced asthma or a condition known as bronchial hyper-responsiveness, which is obstruction of the airways after exercising. (Troosters, et al, 2014).