As The Sovereignty Of Parliament - Free Essay Example

Sample details Pages: 5 Words: 1427 Downloads: 6 Date added: 2017/06/26 Category Law Essay Did you like this example? The doctrine of precedent plays a vital role in the English law because of common law tradition which is the main source for English law. However, British people believe that there is nothing important than Westminster Parliament, because Parliament can decide anything with a simple majority and it is the supreme legal authority which creates or ends any law. The idea of Parliament sovereignty is very powerful in creating the democratic society and is more complete in England than practically else in the world. Don’t waste time! Our writers will create an original "As The Sovereignty Of Parliament" essay for you Create order However, in this essay I will discuss the role of the doctrine of precedent in the English law where the idea of Parliament sovereignty confronts to the traditions of common law system. Moreover, I will show how European Union law does affect the Parliament sovereignty in England. Finally the conclusion of the whole topic will be provided and summarized. The doctrine of precedent The doctrine of precedent term is used in common law tradition countries. Common law is a system of law that prevails in England. The name is derived from the medieval theory that the law administered by the kings courts represented the common system of the realm, as opposed to the custom of local jurisdiction that was applied in local or manorial courts. (Malika M. 2010) Later as a result of British colonization, common law was adopted in many countries such as Australia, India, Hong Kong, and East Asia. In common tradition countries the cases are resolved according to the previous cases precedents, which show the principle of stare decisis, or also known as the doctrine of precedents which means decide similar cases similarly. Moreover, cases are the primary sources of English law in decision making process; hence the courts will resolve problems quicker because they can just apply precedents to matter by using this database. The principle of the doctrine of precedent wasnt a lways applied strictly. In medieval England, courts investigate earlier cases for assistance but they could reject those which were considered a bad law. Moreover, due to the fact that there was a lack of reliable written reports of cases, courts pay less attention on the previous decisions. Only in early 1800s in the United States official reports of cases began to be available, but until 1865 semiofficial reports were not produced in England at all. When, finally reports became available for lawyers and judges in England, they could more accurately interpret prior decisions. For the doctrine of precedent to be effective, each jurisdiction must have one highest court to declare what the law is in a precedent-setting case. Whatever courts decide becomes judicial precedent or it is also known as judge made law. According to Wisegeek this term developed from the fact whereas legislation is passed in the majority of the countries by a separate legislative branch, when the courts are able to exercise a moderate amount of quasi-legislative power through the use of precedent and case law (Wisegeek, 2008). Sometimes, a judge may purposely act against established case law in an effort to begin the process of re-examining a precedent and maybe totally changing it. However, the judge will face with problem of rigidity in common law system; because he or she has to push the case into higher courts where the old established precedents should be re-examined in favor of a new outlook. According to Legal-Directory.net, internet resource, the possibility that case-law will be abrogated or modified by legislation alleviates the disadvantage of rigidity to some degree, but in practice it is rare for the legislation to interfere with case-law. However, according to my opinion, rigidity will promote the quickness of decision making process. Parliament Sovereignty according to the Diceyan theory The concept of Parliament sovereignty can be drawn from the glorious revolution with the Bill of Rights in 1689. The principal provisions of the Bill of Rights are the following; 1) the Crown is not allowed to suspend or execute laws without parliamentary consent 2) the use of money by the Crown without parliamentary consent is illegal 3) the elections of members of Parliament have to be free 4) jury trial must be available 5) raising or keeping an army in peacetime without parliamentary consent are illegal. However, we can see the promotion of Parliament power in every part of the England life. The constitutional structure in modern England is not complex. Moreover UK doesnt have written or codified single document which is called constitution. Main principle of the British constitution can be expressed in a bald and fair manner. According to source, A statute, that is a piece of legislation produced by Parliament, is generally regarded as the highest form of law within the Bri tish constitutional structure. The Westminster Parliament is considered as a sovereign law-maker. In order to describe the concept of parliamentary sovereignty, we will use the Orthodox theory. In the late XIX century this legal theory was developed by an Oxford law professor, A. V. Dicey, in the first edition of his textbook, An introduction to the study of the law of the constitution. Dicey exerted great influence on British constitutional law, but many legal scholars thought that it was untrue because Dicey could not express the concept of democracy as it is now understood. For instance, Dicey thought that during Parliamentary elections women and working class people can not vote. However, it is important to understand the basic features of his theory. Dicey suggested that the parliamentary sovereignty has two features a positive and a negative one. The positive and negative points of Diceys theory Positive point of Diceyans theory of parliamentary sovereignty is well expressed in the following concept that Parliament can produce or abolish any law they want with a simple majority of votes of the House of Commons members. In addition any particular bill is then approved by both members in the House of Lords and by the Monarch, thereafter the bill becomes an Act, irrespective of its contents. There are no limits used to the substance of statute law in technical legal terms; Parliament can make law that it wishes. Surprisingly it doesnt matter how big the majority in Parliament it is for particular measure; an Act passed by a majority of one in both the House of Commons and the parliamentary sovereignty House of Lords is an authoritative as legislation which receives unanimous support. In this case we can measure that there is no distinction between ordinary and constitutional (or fundamental) law. Parliament maw behave itself just in the same way while it deals with ordinar y issues or of no particular importance issue, or in case of vitally important matters. The negative point proposition can be expressed in the following way that an Act of Westminster Parliament cannot be abolished or changed by any British courts. There is no special procedure in British constitution which states that an Act of Parliament can be legally invalid. However if the statute was established and approved by Parliament, nobody can change it, even constitution of UK, because we face here with the pure Parliament sovereignty conception. According to the Diceyan theory there is no higher form of law than the will of Parliament. European Union law and its effect on the Parliament Sovereignty The Law of EU is very unique and special system in the world. Any legal acts, directives, decisions or regulations which are made by European Parliament have a binding force for all Members of Union. It is obvious that if Court of Justice of the European Union made any decision on a particular case, henceforth it becomes a judicial precedent for those members who follow the common law traditions including England. The parliament sovereignty in the England system is strongly affected by UKs membership of the European Union. As we discussed that the laws of the EU has a binding force on all member states it is logical to say that it takes precedent over English domestic law. Moreover, EU legislation automatically becomes law in UK including England irrespective of the opinion of Westminster Parliament. However, parliament could agree to abolish previous legislation or quit the EU to demonstrate the existence of parliament sovereignty. English sovereignty has lost its power sinc e the 1986 when the Single European Act and the Maastrict Treaty was adopted where the range of policy areas was extended on which EU can legislate. Thereafter many British Conservative members of the European Parliament think that they should be dealt with at a national level and they continually vote against many proposals and it is not because of members disagreements they just want to show the national coherence. Conclusion

The Era Of 1915 After The Civil War - 1478 Words

Freedom and the way it is seen is always changing, even in today’s time. When new presidents are elected for example, this gives significant power to whoever is elected. Their views on things like color or restrictions on people can impact everyone. Even the word itself has many meanings to it that vary. Many times, laws get passed by the government that we think is helping the nation expand, this is not always the case. From the Post-Civil War, up to the twenty-first century there has been plenty of examples that have expanded but have also limited freedom. In the beginning of 1865 after the Civil War was the Reconstruction Era, this was the time were America was described as free and a new nation. Although the abolishment of slavery raised the question of what freedom truly meant. Later, in the Progressive Era of 1915 freedom was identified politically and economically rather than identified by race. Having looked at freedom from both the Reconstruction Era and the Progressive Era, the Reconstruction Era expanded freedom and the Progressive Era restricted freedom. In the beginning of the Reconstruction Era African Americans saw freedom as escaping the biases that came from slavery. Also, escaping denial of access to an education, punishments by the lash, separation of families, etc. as described in chapter 15 of Give Me Liberty! An American History Novel. Now, African Americans escaped the control of white Americans. They created churches of their own, also AfricanShow MoreRelatedThe Harlem Renaissance, A Cultural Movement Essay1063 Wo rds   |  5 Pageswho had been silent and oppressed for far too long. â€Å"Centered on the Harlem district of New York City, the Harlem Renaissance was part of a nationwide urban revolution sparked by World War I. 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None of these survived the war, and the Poles, Czechs and other Europeans did gain national homelands, although this was not the case for the non-white subject peoples of the British and French Empires. Nor did it even hold true for the nations of Latin America and the Caribbean, where Wilson intervened during World War I. Indeed, Haiti was occupied from 1915-34 and the Dominican Republic fromRead MoreImpact Of The Victorian Middle Class935 Words   |  4 Pagesthe low sport to a sporting spectacle viewed by all. The Victorian Middle Class culture’s influence on the transformation of prizefighting was due to a large number of ideas, especially its strict values, the sporting fraternity, along with the Civil War. The Victorian Middle Class culture was filled with firm foundations that focused on hard work, moral fitness, self-restraint and opposition to drinking, gambling, and premarital sex (Grundy Rader, 2015, p. 21). 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Human Resources Management Free Essays

string(193) " they have presented a detailed account on the changing functions of Human Resource Development personnel, the increased need for innovation and the continually changing management strategies\." Introduction Benson et al. (2002), points out that the adoption of technology in the workplace raises solutions to previous Human Resources Management and development problems. However, they are also known to create new problems for the Human Resource department or personnel to address. We will write a custom essay sample on Human Resources Management or any similar topic only for you Order Now In the past, the use of technology in HRD focused around training support, for example educational facilitating media. Currently, technological advancement combined with the support of HRD is used to increase job performance, enhance work-place learning, and facilitate institutional change and development. However, these advancements come with challenges, including the level of access, due to disparities in the availability of software and equipment upgrade, slow uptake of technological innovations, and the affordability of technology facilities. Another challenge is that of the skills required for the deployment and the attitudes of users; this limits the uptake of IT facilities. Dickey et al. (1999) points out that the development and positioning of information technology in the workplace, particularly at local government centers, draws greatly from the organizational and the managerial issues of the workplace. Furthermore, they point out that despite the positive impacts of adopting IT usage in the workplace, there are challenges resulting from the deployment. These include that strategic planning should be effective, interdepartmental coordination should be at its best, and there is the need for strong expertise among the HR personnel in using the IT facilities, if the deployment p rocess is to register effective results. A broad study of the HRM process The human resources management of an organization plays the role of administrating the human resources/ the workforce available for deployment. The functions of the HRM include the sourcing of staff, the selection of the right staff, training the staff to meet the duties of the organization, assessing their performance and rewarding their input towards the success of the organization. On the other hand, the adoption of IT in the workplace is done to influence the automation of certain functions of the organization, and reduce the human resource burden. IT in the workplace, also offers a more effective administration of resources and results, a reduction in operational costs as well as causing an improvement in the overall performance of the organization. The relationship between the adoption of IT and the focus of the HR is that, both seek to offer better results for the organization, through more specialized, easier and more manageable execution of the organization’s duties ( Taylor, Beechler Napier, 1996). The study by Benson et al. (2002) employs a working hypothesis framework as the study starts with an acknowledgement of the great influence of technological development and the use of IT facilities in the workplace. From adopting a working hypothesis framework the researchers were not able to explore the problem of adopting IT in the workplace as one that presents challenges to the HR personnel from other perspectives. For instance, by looking at the problem of the challenges of adopting IT facilities at the workplace, the researchers could have viewed the perspective of the increasing levels of usage of IT facilities among the general population. Therefore, they would realize that the adoption of such facilities does not actually present a challenge to the HR personnel, but a call for the utilization of the IT skills of employees. Through adopting the framework, the researchers were also not able to shed more light on improvement areas, for example the improvement in organizational communication, due to the adoption of IT facilities (Usunier, 1998). The strengths of adopting this framework was that the context of the problem was developed for the audience, where emphasis was placed on the need to address the challenges inhibiting the adoption of IT facilities at the workplace. An example is the need to invest in the required software and hardware. The framework was strong in that through the study, tenable theories were generated, regarding the correlation between adopting IT usage and the need to address limiting areas. For this reason, the study area was communicated effectively, creating the need for more in-depth studies. Through the framework, the hypothesis of the study was proved, showing the need to employ the use of IT facilities, based on consideration of the readiness of the human resource base and the entire organizational framework (Benson et al., 2002). The study by Dickey et al. (1999) uses a problem definition framework, as the study particularly addresses the issues and the areas affecting the development and the deployment of IT facilities in the workplace. In defining this problem area further, the study identifies that the perceptions and the needs of administrators at local government centers influence the effectiveness of the information technology facilities adopted at the centers (Scandura Williams, 2000). The limitations of the framework include that its coverage was very shallow, restricting the study, mainly to definitions, which did not offer solid explanations into the association between the problems inhibiting the adoption of IT facilities and different workplace settings. Another limitation was that the study does not mention other variables like the IT skills of the administrators working at the local government centers, as this could possibly affect the success realized from the adoption of IT. These limitations disfavored the understanding of the issue of study (Scandura Williams, 2000). The strengths of the framework, in developing an understanding of the issue are that the major variables within the study were identified, including the deployment of IT facilities and the needs and perspectives of administrators amongst others. Through the framework, the researchers focused on the area of local governments, eliminating the case of drawing inferences based on a wide area of study. Furthermore, the establishment of the direct correlation through the study, points out the need to research the issue at other organizational and workplace settings (Dickey et al., 1999). Research methodologies Benson et al. (2002) use a descriptive qualitative methodology, as they carry out a detailed description of the specific situation, mainly by sourcing information from document reviews. For example, they have presented a detailed account on the changing functions of Human Resource Development personnel, the increased need for innovation and the continually changing management strategies. You read "Human Resources Management" in category "Essay examples" Through their review of literature, the researchers explore sources like Malhotra (1998), Reich (2000), and Friedman (1999) as well as other sources (Benson et al., 2002, p. 392-393). Through the review of the different sources about the challenges facing the adoption of IT in the workplace, they deeply explore the digital workplace, organizational change and development, IT tools and the challenges presented by IT to HRD personnel. The wide coverage shows that the methodology was used effectively, as it portrays the problem area cle arly (Scandura Williams, 2000). The advantages of the methodology is that it is featured in many other studies which demonstrated the correlation between IT usage and increased HRD tasks, which serve as challenges to the HR. The methodology explores literature on different areas of interest, demonstrating that it considered other perspectives, thus increased the credibility of the inferences (Benson et al., 2002, p. 401). The limitations include that the study over-relies on literature review, demonstrating the replication of information, which reduced the credibility of the information communicated by undermining the need to offer new information (Scandura Williams, 2000). Dickey et al. (1999) used a cross-sectional study; regression analysis methodology, as the study focuses on developing a quantifiable analysis of the strong association between the variables under study. Strategies included the creation of an IT coverage database, interview of executives, and the development of a survey. These include the development and the deployment of IT facilities in the workplace, and the limiting effect of the perceptions, and needs of HR personnel, among other organizational and managerial issues that are directly related to the deployment of IT facilities at local government centers, and the effectiveness realized. In developing the scope of the methodology, the researchers identify three areas, which greatly determine the effectiveness of IT deployment: strategic planning, interdepartmental coordination and the skills levels of executives (Dickey et al., 1999, p. 54). The advantage of the study is that it gathered all descriptive data in support of the relationship under study, through the modes of a database coverage, interviews and the deployment of a study survey. Through these different sets of data, the inferences were supported, thus fostering the understanding of the issue. The coverage of the study was also a demonstration of the factual nature of the data, as the surveys were distributed to all IT professionals and administrators in Virginia. This reduced the levels of information biasness, for example, in the case it was collected from a few local government centers. The wider coverage offered better coverage of the dynamics of IT usage (Scandura Williams, 2000). The limitations of the study include that the study relied on data collection methods, which do not offer guarantee of feedback, for instance the database coverage and the interviews, which were used as the basis for the development of the survey. The study also relied on descr iptive as opposed to inferential techniques of analysis, due to the non-random distinctiveness of the sample population. Based on these areas of limitation, the credibility of the information is compromised (Dickey et al., 1999). Through the two sources, a number of new and contemporary issues are expressed. These include that the varied needs and the perceptions of HR administrators can influence the creation and the deployment of IT at the work place, either positively or negatively. The sources also establish a direct correlation between organizational and managerial issues and the implementation needs for different workplace settings. Through these sources, it is also pointed out that for effective deployment of IT at the workplace, a number of factors play a significant role. The factors include strategic planning over the deployment, the interdepartmental coordination at the workplace, and the expertise of HR personnel among other staffs (Dickey et al., 1999). Through these sources, new concepts are communicated, including that the use of IT at the workplace has changed from a training tool to a system for enhancing learning, addressing the expanding role of the HR, enhancing performance, and facilitati ng institutional change and development (Vanderbroeck, 1992). Conclusion In conclusion, it is evident that the sources greatly inform HR personnel and administrators planning to deploy IT at the workplace, as they outline the benefits of the deployment alongside the challenges. In developing the field of HRM, the two studies inform HR personnel that more is required from their administration – than planning for the creation and the deployment of the IT facilities, so as to enhance the work of employees, as the case may seem to be. For example, they point out the need for administrator education, to enhance their acceptance of the deployment; the need to streamline organizational and managerial practices, to allow for effective deployment; the need to plan strategically, prior to the deployment; the need for excellent interdepartmental coordination, and the value of training HR personnel and employees prior to the deployment of IT. References Benson, A., Johnson, S. kuchinke, K. 2002. The Use of Technology in the Digital Workplace: A Framework for Human Resource Development. Advances in DevelopingHuman Resources, 4: 392. Retrieved on Nov 20, 2012 from http://adh.sagepub.com/content/4/4/392.full.pdf Dickey, J., Dudley, L., Rees, J., Thompson, J. Wamsley, G. 1999. Information Technology Implementation Issues: An Analysis. Dissertation submitted to the Faculty of the Virginia Polytechnic Institute and State University in partial fulfillment of the requirements for the degree of Doctor of Philosophy in Public Administration and Public Policy: 1-5. Retrieved on Nov 20, 2012 from http://scholar.lib.vt.edu/theses/available/etd-042399- 053715/unrestricted/DISSERTATION2.PDF Scandura, T.A., Williams, E.A. 2000. Research Methodology in Management: Current Practices, Trends, and Implications for Future Research. Academy of Management Journal, 43(6): 1248–64. Taylor, S., Beechler, S. Napier, N. 1996. Toward an Integrative Model of Strategic International Human Resource Management. Academy of Management Review, 21(4): 959–86. Usunier, J. C. 1998. International and Cross-cultural Management Research. Thousand Oaks, CA: Sage Publishers. Vanderbroeck, P. 1992. Long-term Human Resource Development in Multinational Organizations. Sloan Management Review, 34 (1): 95–102. How to cite Human Resources Management, Essay examples Human Resources Management Free Essays Questions 1. What should be the format and final form of the store manager’s job description? There is no standard format as to what should be included in the job description of store manager but most job descriptions cover the following sections †¢ Job identification †¢ Job summary †¢ Responsibilities and Duties †¢ Authority of incumbent †¢ Standards of performance †¢ Working conditions †¢ Job specification 2. Is it practical to specify standards and procedures in the body of the job description, or should these be kept separate? Not all the standards and procedures are important to mention in the body of job description except the ones that are relevant and important for the applicants to know i. We will write a custom essay sample on Human Resources Management or any similar topic only for you Order Now e. Performance and Competency standards. Note: It depends upon the type of job under discussion as to what sort of standards to include. 3. How should Jennifer go about collecting the information required for the standards, procedures and job description? First of all Jennifer should conduct a complete job analysis for the job of store manager and she should also check out existing policies and procedures of the company in place, then she should use one or more of the following methods for collecting information about Standards, Procedures and Job description for the job of Store Manager. †¢ The Interview †¢ Questionnaire †¢ Observation †¢ Participant Diary/ Logs In addition to these basic methods Jennifer Carter can also use these Quantitative techniques as well for measuring job description of store manager Position analysis questionnaire †¢ Department of labor procedures †¢ Functional job analysis 4. What, in your opinion should the store manager’s job description look like and contain? The Sore manager’s job description should look like and contain the following things. Carter Cleaning Center Store Manager Job Description |Title |2025 Store Manager | |Department(s) |Cleaning | |Reports t o |President (Jennifer Carter) | Job summary The store manager is responsible for directing all store activities in such a way that quality work is produced, customer relations and sales are maximized and profitability is maintained through effective control of labor supply and energy costs Summary of essential job functions In accomplishing the general aim the store manager’s duties and responsibilities are †¢ Quality control †¢ Store appearance and cleanliness †¢ Customer relations †¢ Bookkeeping and cash management †¢ Cost control and productivity †¢ Damage control †¢ Pricing †¢ Inventory control †¢ Spotting and cleaning Machine maintenance †¢ Purchasing †¢ Employee safety †¢ Hazardous waste removal †¢ Humane resource administration †¢ Pest control Knowledge, skills and abilities (The knowledge, skills and attitudes required for satisfactory job performance) Knowledge The incumbent must have proficient knowledge in the following areas: †¢ Cusom er service †¢ Accounts payable accounts receivables †¢ Store and motel management and administration Skills The incumbent must demonstrate the following skills: Personal Attributes The incumbent must also demonstrate the following personal attributes: be honest and trustworthy †¢ possess cultural awarenes and senstivity The Store Manager would normally attain the required knowledge, skills and attitudes through related in experience in a retail setting. Equivalencies will be considered. Disclaimer The above statements are intended to describe the general nature and level of work being performed by people assigned to this classification. They are not to be construed as an exhaustive list of all responsibilities, duties, and skills required of personnel so classified. All personnel may be required to perform duties outside of their normal responsibilities from time to time, as needed. Additional information |HR use only | |Job code | | |Generic title | | |Pay grade | | |Management? (Yes/No) | | |E/NE status | | |Last revised | | ———————– †¢ excellent customer service and interpersonal skills †¢ effective verbal and listening communications skills †¢ effective written communications skills †¢ decision making skills †¢ time management skills †¢ analytical and problem solving skills †¢ How to cite Human Resources Management, Essay examples Human Resources Management Free Essays string(86) " not have the same level of employer relationship as does Tesco with their employees\." Introduction How Does the health of the employment relationship impact on the overall success of an organization? The health of the employment relationship at Tesco is a dynamic and at times ambiguous role within the organization that interlinks the employee with departmental contacts and coincidentally, at times, others within the organization. Generally, the aforementioned employee relationship does apply to the organizational worker, such as the sales clerk at a retail store. These employees will operate within the organizational framework of their inherent role, such as customer interaction and customer checkout. We will write a custom essay sample on Human Resources Management or any similar topic only for you Order Now The employment relationship is therefore a function of the employee relationship and is subject to the relative happiness of the employee within their position and with the organization. The organization selected for this analysis is Tesco Plc., which is, â€Å"Great Britain’s biggest private sector employer.†(Partnership delivers the goods at Tesco, 1999) The organization is the employee base and the managerial and executive leaders that run the operations. The pyramid description of the organization is true for most organizations. The majority of the employees are at the bottom of the organization and do the grunt work of the business, such as the actual sales transactions or the actual tire change, for example. In a more complex and technical organization, the grunt work may be programming and the organization may be made up of programmers. At Tesco, the workers are going to be the retail staff that must attend to customers and ensure the floor operations are attentive to customer needs. With regard to organizational effectiveness at Tesco, â€Å"Tesco Human Resources director for retailing service Therese Procter and CIPD strategic adviser Lee Sears regarding the role of the development of business organizations which include ensuring that the companies goal is met at every stage of the business process and engaging the employees toward the companies goals.† (Orme, Procter, Sears, 2009) Tesco inherently makes an attempt to engage their employees to create a sense of belonging to the organization and reinforce their importance to the underlying operations. At every stage of the business process, company goals are met. The employees are therefore empowered to create an organization that is reflective of their work. The employee engagement is dynamic in many aspects but primarily because the organization employs a wide range of people. â€Å"Plans of Tesco to open stores in early 2005 that would employ long-term unemployed people in deprived areas in a bid to recruit staff from a wider labor pool and create new markets for its business. Tesco guarantees them a job providing they complete a training course lasting eight to 10 weeks. The company has found its policy has improved retention, with 55 percent of staff taken on through the scheme staying for at least six months.† (Hope, 2004) As aforementioned – Tesco’s organizational attempt to hire the unemployed is a policy designed to motivate by indoctrinate the Tesco way as is predicated on the Tesco training program. â€Å"Tesco will ring-fence a significant number of the 11,000 jobs it expects to create this year for the long-term unemployed. After announcing a 10% rise in annual profits to 3.1bn last week, Hayley Tatum, Tesco’s UK personnel director, said that where stores were located in high areas of unemployment, the retailer would put aside jobs for who have been out of work for more than 12 months.† (Baker, 2009) The decision by Tesco to reserve 11,000 jobs for individuals out of work for more than 1yr and living in a high unemployment area is an example of enhancing the employment relationship by enabling the new hire with an immediate opportunity to contribute to the organization. SOCIAL IMPACT OF CORPORATE RESPONSIBILITY The social impact via corporate responsibility by providing opportunity to the individuals ostensibly who have the least opportunity available to them is a policy that increases the effectiveness of the employment relationship by enabling loyalty and therefore sustainability. â€Å"The news came as the jobless total soared to 2.1 million, according to official statistics released last week. So far, the retailer has taken on 3,000 long-term unemployed people through Jobcentre Plus using the government’s Local Employment Partnership (LEP) scheme. Tatum said potentially thousands more could be hired in this way as 200 new Express stores and 30 larger stores would be opened this year.† (Baker, 2009) TESCO’S EMPLOYER RELATIONS HISTORY The crux of the employee relationship is inherently established on trust which extends into loyalty. As the employee gains trust into the organization, the level of loyalty one contributes into the organization will rise. â€Å"If the store is in an area of high unemployment, we will try to ring-fence more jobs for LEP’s,† (Baker, 2009) Enabling the long-term unemployed as new hires will also reinvigorate the local economy and enable new hires to spend at the store and become customers as well as employees. The combination seeks to improve and stabilize employment relations and to bolster the consumer base and the quality of service of Tesco. â€Å"Tesco is working up plans for a regional distribution centre of around 500,000 sq. ft. in Havering, east London. The LDA had hoped to reserve the site for hi-tech manufacturing, but said that it would soften its stance to bring â€Å"long-term employment† to the site. The agency is thought to look favourably on Tescoà ¢â‚¬â„¢s proposal as it could create as many as 500 jobs.† (Tesco ready to chill in Havering, 2009) Tesco’s UK personnel director described the LEP’s as a function of enabling the organization to make hiring decisions, but does not guarantee a job. â€Å"Tesco was the only employer to offer those who complete its LEP scheme the guarantee of a job at the end. In March, McDonald’s said it would offer those on its LEP scheme the guarantee of an interview.† (Baker, 2009) Tesco has a market advantage by guaranteeing a job after completing the LEP program whereas competing businesses may not receive the same level of hire given the probability of obtaining a job as less than with Tesco. McDonalds for example, may not have the same level of employer relationship as does Tesco with their employees. You read "Human Resources Management" in category "Essay examples" If an employer can guarantee a job after completing the LEP then intuitively the most qualified individuals within that job market will seek that particular job via the LEP program. SAFEGUARDING PRODUCTIVITY INCREASING NEW HIRES To provide further safeguard to prevent against the hire of individuals that may harm the corporate culture or that may constitute a ‘bad hire’ requisite to the violation of one or more corporate rules.â€Å" The graduate recruitment process of Tesco PLC, a British international grocery and general merchandising retail chain, has been revamped to address the problem of a growing number of unsuitable candidates being invited for interview. The company has introduced the Talent screener software programme, which analyses applicants’ suitability for a role, at the first stage of recruitment. The system, made by WCN, rates candidates on a traffic-light scale from red, which means not suited, to green, which means highly suited.† (Chubb, 2007) The talent screener provides a system to identify the best candidates based on established criteria. Reduction of error with regard to bad hires will propel the organization further and faster than if enabling hires that a re not fully integrated with the system. The talent screener is the backup or the mitigating factor with regard to the use of the LEP program. The talent screener will enable such practices as their major recruiting initiative to hire for the marketing department. Marketing is a higher level organizational role than what is on the floor and likely will involve advertising initiatives and soft sales skills. â€Å"The retailer aims to fill more than 40 marketing vacancies, including head of online marketing for FF and marketing manager for Clubcard. The drive is part of Tesco’s bid to redefine its marketing approach, in a strategy dubbed internally as ‘One Voice.’ The project, believed to be designed by UK marketing director David Wood, is designed to improve coherence across Tesco’s businesses. ‘As it has all these new marketing executives coming in, it wants to try out a new initiative, and ensure Tesco speaks with â€Å"one voice†, said a source close the retailer.† Barnes, 2013) The improvement of coherence across all of Tesco’s business lines will provide the most com prehensive integration effort to unify the organization within the framework of the company underlying employment relationship strategy. The organization wishes to speak with one voice and to reduce the stigmatism of ‘the bad job’ or the role that no one wants in the organization by unifying the importance of all jobs into one singular voice. EMPLOYER RELATIONS ISSUES AT TESCO Alternatively, there is a history of employer relations issues at Tesco, to which statistically, almost all organizations will have some issues with their employees. For example, the case of Miss Gaurilcikiene v Tesco Stores Limited purports Tesco Stores violated the discriminatory workplace law that protects employees from discrimination. â€Å"This case deals with an appeal on the grounds of a procedural irregularity made against a judgment in the employment tribunal. Miss Gaurilcikiene, a Lithuanian, raised a grievance alleging that her colleague’s behaviour towards her at work amounted to race discrimination. The grievance letter was sent by email to Tesco’s head office and copied to the area personnel manager. When she did not receive a reply to her grievance, Miss Gaurilcikiene presented a claim to the employment tribunal alleging that Tesco’s failure to deal with her grievances amounted to victimization and/or direct race discrimination.† (Miss Gaur ilcikiene v Tesco Stores Limited, 2013) The Miss Gaurilcikiene case against Tesco is indicative of a weakness in Tesco’s employer relationship model as potentially there could be racial discrimination and thus policy violations that create underlying issues with the employee base. If employees begin to feel their work environment is potentially bigoted or prejudiced in any way, the perception of the organization may change and employees may lose trust in the internal members of the organization. The internal members are to refer to the organizational members at the bottom of the pyramid, or the employees that do the organizational work, such as, direct contact with the customer and with the produce, as in handling and shipping. An example of Tesco’s business operations rendering human resources mishap is the meat labeling and unfair employment practices. â€Å"Reportedly, Tesco has called on Unite to put up after Union to take on the retailer due to country of origin meat labeling and unfair employment practices. It cites that Unite, which held protests in December 2008, believes Tesco’s use of imported meat would result to down conditions among meat sector workers.† (Goldstein, 2009) The down conditions are to infer the workers will be laid off until further notice given the employment practices are being scrutinized in court. This case coupled with the allegations from the previous case indicate there, at times, is a discrepancy between the actual employment practices of the organization as viewed upon by employees or vendors and the expectation of the organization with regard to their employer relations. Another allegation of worker exploitation was rendered by Driving Edge. â€Å"Tesco has launched an investigation into the suspension of a shop steward at its Manchester depot amid claims of workers exploitation. CM revealed last week (CM29 June) that TG shop steward Adam Gietkowski, employed by agency Driving Edge, had been suspended, allegedly for criticizing the agency’s treatment of Polish workers at the supermarket’s Wincanton-run RDC. A Tesco spokesman says: â€Å"Tesco has a code of conduct that governs how our suppliers deal with their employees, and we take alleged breaches very seriously. We will be contacting Driving Edge to investigate this matter thoroughly. Driving Edge MD David Richardson says that while an employee was suspended, it was no for the reason claimed by the TG. â€Å"The current employment contracts we offer at Middleton are very competitive and we don’t have significant labour turnover at the sites,† he adds. â€Å"Any issue s that have been raised as a grievance have been dealt with through the company’s grievance procedure.† (Carter, 2006) The allegation again supports that Tesco has operations that are potentially misaligned with their employer relation mission of integration into one voice. The health of the employment relationship given the specifics to the case files of the lawsuits filed against the company does indicate there are misappropriate employment practices at the company that have hindered the ability to work for some of the members of the company. The lawsuits appear to describe the inferior treatment of the workers given the parameters of the of the worker exploitation claims posed against Tesco. The worker exploitation claims from a shop steward often arise due to the poor work conditions or the lack of pay relative to the work requirement. Tesco has a code of conduct with regard to how they deal internally with employee breaches of policy. But does Tesco have a code of conduct with regard to how they treat their employees employed by other agencies? CONCLUSION The health of the relationship is inherently based on the employee opinion of the employer and therefore the employer acts as a facilitator of its own employee relations by enabling their workforce to perform at or above their potential and more toward their ability. The Tesco relationship as a function of their hiring practices is to enable a population that may not generally have a job if not for the work programs that enable the jobs. Therefore, Tesco has an employee base that may be somewhat disgruntled or have the propensity to be disgruntled with regard to potential workplace treatment to which workplace violations are filed in response to the subpar working conditions. The conditions at Tesco appear to be conditional to the operations of the underlying business. This is to say, Tesco has a sales floor that seeks to enable the flow of goods and sales within a timely fashion. The health of the employee relationship to that regard appears to be strong and without issue. The main issue appears to be with the potential for racial discrimination and to the treatment of non-employees that are agency hires that contractually work for Tesco. The work relationship and employer relations with agency workers are often neglected and not part of the underlying human resources contract that is enforceable with regard the hires made by Tesco’s Human Resources Department. The lack of worker’s rights to the agency employee is an issue that has arisen in court via the law suits filed by plaintiffs. The issue of the health of Tesco employment relationship and its impact on the overall success of an organisation has been positive with regard to Tesco†™s ability to grow their organisation and to increase the value to their shareholders. If the health of Tesco’s employment relationship had been ineffective or with major human resources violations, class action law suits or similar activity would have occurred. The isolated incidents that have occurred in the past at Tesco appear to be specific to each case and perhaps Tesco has improve upon these areas of employer-employee relations and have prevented further issues in the future. References Baker, K. (2009). Tesco to reserve new jobs for unemployed. Personnel Today, 19. Barnes, R. (2013). Tesco in hiring drive to boost marketing team. Marketing (00253650), 5. Carter, B. (2006). Tesco investigates shop steward’s suspension. Commercial Motor, 204(5185), 6. Chubb, L. (2007). Why green means ‘go’ for Tesco. People Management, 13(25), 12. Goldstein, S. (2009). Tesco challenges Unite over food origin label claims. Packaging News, 2. Hope, K. (2004). Tesco to recruit in deprived areas. People Management, 10(25), 11. Miss Gaurilcikiene v Tesco Stores Limited. (2013). Employers Law, 8. Partnership delivers the goods at Tesco. (1999). IRS Employment Review, (686), 4. Pickard, J. (1998). Retail giants view temping as past its sell-by date. People Management, 4(12), 14. Manchester takes HR into next generation. (2009). People Management, 15(25), 8-9. Sonne, P. (2012, February 22). Tesco Job Sparks Outcry. Wall Street Journal – Eastern Edition. p. B7. Tesco jobs at risk after Eddie Stobart taiceover. (2012). Truck Driver, 8. Tesco ready to chill How to cite Human Resources Management, Essay examples

The Concept Of Subjectivity In Accounting Accounting Essay Example For Students

The Concept Of Subjectivity In Accounting Accounting Essay Many bookmans and theoreticians have supported the construct of subjectiveness in accounting and have besides used this construct has an statement against faculty members that have a different position to this conceptA? who considers accounting to be nonsubjective. Morgan argued that accounting/accountants are constructors of world , subjective ( Morgan, 1988, pg. 477 ) and they produce and represent state of affairss in fiscal statements with some grade of subjectiveness and nonreversible ways. This position or political orientation was farther supported by Ruth Hines, a beginning to the betterment of accounting theory, who used the impression of world building to warrant her position. She believed that in pass oning world, we construct it ( Hines, 1988, pg. 251 ) . Hence, accounting is socially constructed, which means it is concocted by people, persons or societies at big. However these were positions that rationalists, David Solomons and Rob Bryer did non back up. Bryer used M arx s theory of labour procedure to reason that objective accounting prevarications at the nucleus of capitalist control of modern concern endeavors ( Bryer, 2006, pg. 42 ) . In add-on, Solomons had a more extremist position by proposing that comptrollers should be like journalists ( Solomon islandss, 1991, pg. 287 ) . He explains that comptrollers should be describing the intelligence as it happens, non construct it to be the world or full image of an event ; but do we cognize what world is? , how and when do we cognize what the true and just position of an event is without holding an historical background? , can we trust on it? . These are positions that will besides be explored during the class of this rating. First of all, what is accounting? The American Accounting Association defines accounting as the procedure of identifying, mensurating and pass oning economic information to license informed opinions and determinations by users of the information ( Porter A ; Norton, 2009, pg. 11 ) . The history of modern accounting day of the months back to 1494, when Luca Pacioli wrote a book on dual entry clerking. During the old ages that followed, accounting and the accounting profession lacked theoretical cognition endorsing them up ( Kyriacou 2010, lecture3, slide8 ) to diminish ambiguity. Therefore, due to the fiscal dirts in the 1920 s that lead to the great depression at that period, GAAP ( Generally Accepted Accounting Principles ) was formed in the in the late 1930 s to command and modulate the accounting. Old ages after GAAP was formed, SSAP2 was formed in 1971 to function as a directional tool for accounting and the accounting profession with the combination of assorted constructs an d conventions: Going, accumulations, prudence and consistence, realization, objectiveness, materiality, money measuring, entity and dichotomy. However after the ASB reappraisal, SSAP2 reduced them to four which formed C.A.P.G ( Going, accumulations, consistence and prudence ) . SSAP2 besides established more policies on stock, depreciation, assets etc. Despite SSAP2 s attempt to give significance to accounting traditions, accounting was still done based on the duality construct because comptrollers did non cognize why accounting was practised the manner it was. As a consequence, the impression of a conceptual model was introduced by the FASB ( Federal Accounting Standards Board ) , to set together assorted thoughts that arose old ages after the outgrowth of SSAP2, to give accounting a better apprehension. In other words, conceptual model is fundamentally a large accounting encyclopedia, where you will happen regulations, theories, footings and rules that have been drawn together as the old ages go by, to determine the accounting profession and offer some sought of intending to accounting, as a whole. These Ideas include The Corporate Report 1975, true and just position, SSAP2, accounting constructs, 1991 Statements of Principle, etc. ( Mathews A ; Perera, 1996, 23-30 ) . From history, it is apparent that accounting has been shaped by different thoughts, images and positions over the old ages by states, bookmans and the society at big. Ideas such as the True and Fair position ; which is a cardinal portion in accounting and all issued histories, the suggestion of six extra statements in the Corporate Report 1975 and besides the argument between UK and USA on whether it is possible to obtain a conceptual model , or set theories on events that has already happened therefore conceptual model, which was the suggestion from the UK by professor Macvae. However, these thoughts merely provide us with diverse point of views of accounting patterns as a whole. Even so, it is tangible that accounting is socially constructed and subjective merely like an creative person is obliged to bring f orth a partial position of the world he or she wishes to stand for ( Morgan, 1988, pg. 477 ) . All these positions, arguments and political orientations were all constructed by people for people i.e. accounting organic structures to comptrollers, therefore socially constructed. For illustration, fiscal statements are constructed by a fiscal comptroller based on his or her position of a company, to an audience that are external. However, the positions of such accountant might non be the full image of the company fiscal place. As a consequence of the untrue representation of the fiscal statements, the result becomes extremely subjective and comparatively a colored observation of world because comptrollers arbitrarily combine and define, and add, and subtract things in a different manner to the mundane manner ( Hines, 1988 pg. 254 ) city Teachers: EssayOver the old ages, the discernible fact of ambiguity and uncertainness in accounting constructs has been the subject of argument between accounting research workers. Apart from the impression of world building and accounting theory formation, these arguments have been centred around the back bone of fiscal statements: the true and just position construct. First, what is the significance of true and fair ? , what is the definition of the true and just position construct in accounting? Webster s Reference Library ( 2010 ) defines true as conforming with fact ; correct, accurate ; absolutely in melody ( Webster, 2010, pg. ( 349 ) ) . Fair is defined in the concise Oxford Thesaurus ( 2002 ) as fair-minded, merely, impartial, indifferent, impartial, and honest ( Kirkpatrick, 2002, pg. ( 273 ) ) . However, the construct of true and just position in the accounting profession is let go ofing all appropriate stuffs that are consistent with the acceptable accountin g rules. However, non-accountants construe the significance of true and fair to be 100 % truth and correct , so whenever statements are signed off with the celebrated sentence: this statements has been produced with a true and just position , users of fiscal statements instantly believe that the histories produced is the 100 % contemplation of the companies fiscal province which has been produced truthfully and right. Regretfully, this premise is non ever right because non all companies report their fiscal province truthfully and right which was the instance of Enron, were the company had leveraged some it if debts invariably and did non reflect it on their balance sheet before and after it was signed off by the company s hearer, Anderson, under the accounting regulations and rules ( Thakur, kalra A ; karkun, 2002, pg. 1-5 ) . Therefore this shows that the true and just position construct was used as a safety cyberspace and a pepper spray to blind the users from cognizing the full-picture and besides used as an alibi for non-compliance. For that ground, I think the vagueness and high subjectiveness degree involved in the true and just position construct makes it hard to hold a unequivocal account when the accounting definition is ill-defined even to the professionals themselves, who make certain they avoid explicating the significance. It is hence based on one s perspective/interpretation of what true and just position is therefore doing accounting really subjective as suggested by Tinker. He said it is impossible to stand for fiscal events without any signifier of subjectiveness in it and disregarding some facts because fiscal statements are produced based on the comptrollers sentiment or due to influences from different factors ( Tinker, 1991, pg. 297-298 ) , for illustration the Lehman Brothers prostration. In decision, even though accounting is regarded or said to be nonsubjective and every bit much as comptrollers perceive themselves to be rationalists, it is apparent the profession as a whole is non every bit nonsubjective as we would trust. Furthermore, this rating has used assorted impressions to give an account the issue of subjectiveness in accounting. First, the preparation of the conceptual model plays a immense portion in determining accounting either through theories or arguments, all of which provided comptrollers with the regulations they have to follow. However, it is apparent that the model is socially-constructed because it was developed by people for other people i.e. by comptrollers to the external users. Additionally, the impression of world building shows that accounting is subjective because comptrollers make their world known by giving it intending based on their sentiment and, everyone else has to follow these common construct. We can besides see that cognition assemblage is of import when doing or explicating accounting theories. It nevertheless becomes debatable because the beginnings used to get cognition during the inductive logical thinking attack could sometimes be biased and prejudiced and as phenomenologist s suggested, we are portion of what is being observed. What s more, the true and just position construct in accounting is extremely cardinal to published histories. However, inability to give the construct a definition within the accounting profession and in company jurisprudence makes it harder to understand even to the professionals themselves. This therefore makes it extremely subjective because we as users are left to give the construct a significance based on our opinion.

Process Essay for Conducting Market Research

Introduction A process essay is a presentation that aims at describing, to an audience, how a subject is achieved. It outlines the procedure of doing a subject matter. This paper seeks to present a process essay for conducting market research. The paper is based on personal research through interviewing an executive of one of the locally successful companies.Advertising We will write a custom essay sample on Process Essay for Conducting Market Research specifically for you for only $16.05 $11/page Learn More Marketing research process Marketing research is a defined process of investigating and collecting information about consumers and other factors in a market such as competitors and barriers into a market. A successful market research is done in a defined and outlined process. It also involves qualified personnel to induce sufficient expertise. This is because market research deals with social factors such as consumers’ needs, preferences, and attitudes that must be factored by a marketing research team. The process normally begins with sufficient planning followed by fieldwork and a final analytical review that may involve professional statistical applications. The first step in market research is problem definition. This stage involves expression of understanding of the objectives of the market research. It defines the problem to be solved such as; ‘how can we best expand our geographical market?’ or ‘why do our competitors seem to have an advantage over our enterprise?’ The stage also defines the people to be involved in the market research. Once the problem is defined, a suitable approach is developed for the entire process. At this stage, the aims of the research are outline and the scope established. Possible factors that might influence the research process are identified and remedies outlined. The stage calls for sufficient experience in market research. Research questions and hypothesi s statements are also outlined at this step. After developing the approach for a research, the necessary procedures for achieving the set objectives are established. Formulating research procedure outlines the exact measures that should be undertaken in order to answer the research questions and achieve the research objectives. The methods to be adopted for collecting information are also outlined at this step. Further, this step describes the data that is to be collected, how it is to be collected, and the number of participants to be used and how the information should be analyzed. Advertising Looking for essay on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More Once the research procedure is outlined, fieldwork for data collection is adopted. A suitable data collection method that could involve use of questionnaires, interviews, or observation is then adopted. Data can also be collected from secondary sources such as g overnmental information centers and specialized research bodies. After collecting the necessary and relevant data for a particular market research, a professional stage that involves data analysis is undertaken. This stage involves specialized academic background that applies statistical tools. The outlined hypothesis for the research is tested and relationships investigated. Based on the assumptions made in the research, this stage answers the research questions and takes a position on the research hypothesis. The final stage in market research is the communication of the findings. This stage is based on the analysis conducted and involves graphical and tabular presentations for clarity. Conclusion Market research is a very important step towards strategic management in businesses. It involves problem definition, establishment of an approach, design for the research and a subsequent data collection. These are then followed by data analysis and a final presentation of the findings. Process essay outlines a procedure for a particular process. It is therefore important in familiarizing people with knowledge of processes. This essay on Process Essay for Conducting Market Research was written and submitted by user Aimee Clark to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

A Changing America essays

A Changing America essays The 1920s, one of the most important eras in American history. It carried high prestige because of the fact that the 1920s changed everything, from the way people thought about themselves to the way people had fun and kept themselves entertained. It was an era that had drastic changes in political attitude, economic attitude, and cultural values. The topics addressed in chapter 12 reflect a changing America in that American values and attitudes all changed due to the new wave thinking brought on by the 1920s. The first major change in American society was the change that occurred in Americas political attitude. The most major change in political attitude was due to Americans newfound hatred of immigrants. Because the 1920s instilled a sense of national pride and nationalism many Americans were against immigrants. People did not like immigrants because of the fact that they felt they were un-American and gave America a bad name. Since the 1920s made people feel important because of new found income and entertainment, it made people believe that any time there was a problem in America it was not because of an American. Therefore a lot of the blame was placed on immigrants. So in order to keep America American the government put heavy restrictions on immigrants. One of these restrictions was the Act of 1921, which limited the amount of immigrants entering the United States from Europe. Then in 1924 the American government decided to lower the amount of European immigrants and exclude all Asian immigrants. Another occurrence in the 1920s that explains the changing political attitude was Prohibition. Prohibition was a law that was passed through a new Amendment that outlawed the consumption and sale of alcohol. This was yet another attempt by the American government to eliminate all things that they felt brought America down. Even though Prohibition decrea ...

The Archival Turn to Carry Out Research Essay Example | Topics and Well Written Essays - 500 words

The Archival Turn to Carry Out Research - Essay Example Rather than basing his argument on the fact that there is only one model of science that is best carried out in a reflexive, he prefers an interdependence and coexistence of two models of science that is positive and reflective. Positive strives to separate the subject from the object while reflective mainly concentrates on dialogue as a defining principle, as well as inter-subjectivity between the participant and an observer in the field. In a nutshell, we can say that reflective science enjoins what positive separates; the participant and the observer. Reflective science employs a number of contexts, key among them intervention that acts as a catalyst to reveal the true state of the interviewee by subjecting him to space and time. The other context effect is that of the process. The interviewer cannot dictate the meaning for the interviewee because it relies on the respondent’s interpretation of the question. It is of paramount importance to note that reflective science dict ates that the observer should help the participants recall those situational experiences by moving them through space and time. This, in turn, brings about the situational knowledge which is the knowledge that is located in a specific time and space. The third context is the structuration that refers to the external filed within which the interview occurs. Reflective science thus insists on studying the world from the standpoint of its structuration by shaping the forces that surround it. The last context is reconstruction that advocates for social organizations as compared to individualism. Though it may seem difficult to carry out sampling in such a case whereby there are social institutions it is always prudent to look for ways to generalize it.

Analysis of the book hunger of memory Essay Example | Topics and Well Written Essays - 1000 words

Analysis of the book hunger of memory - Essay Example And in the case of Mexican-American author Richard Rodriguez this concepts appears apt because his autobiography titled, Hunger of Memory highlights the problems he faced from his childhood to adulthood. So, this paper will discuss how the book’s style, language, tone and the way it was written was influenced by the separation Rodriguez faced in his childhood and youth. Rodriguez, son of Mexican immigrants, was born in San Francisco but spoke only Spanish as his language of communication in his childhood. So, when he joined the Catholic school in Sacramento, California, at the age of 6, he had speaking vocabulary of just 50 English words. Because of this limited knowledge of English, he became a confused and reticent boy with low confidence level. So, his autobiography, Hunger of Memory details those tough times in his school and the resultant separation, in a pathetic as well as sympathetic style, language and tone. Throughout the book and specifically in the chapters, Aria, Achievement of Desire, Credo and Complexion, Rodriguez’s insecurities in English, the resultant isolation or separation and the role played by his family and Catholic Church, have lead to a self-absorbed style with a lot of strain flowing. This style brings up a lot of feelings and emotions that got built up in Rodriguez’s mind, in that phase of his life. Due to the separation he firstly suffered in his class, his emotion bordered on the feeling of loss and that got incorporated into the work. Also, this being the bad phase of his life, he distances from it and so uses the style of aloofness in these chapters. Since, Richard is also a victim of cultural clashes; he brings these elements in these parts of the work. That is, while describing how Hispanic background created the obstacles for him and prevented him from socializing with the fellow students, he uses

Contract law and neoclassical contract law Essay

Contract law and neoclassical contract law - Essay Example Contract law is made up of certain rules that are set to govern the connection, substance and legitimacy of a formal agreement between two or more parties- which may include individuals or organizations- for the purpose of selling of goods or services, or exchange of business interests12. Contract law is applicable to these and many other business activities between multiple parties who want to enter into a valid agreement or contract for the accomplishment of their business objectives. This agreement contains such rules that are also recognized by the law which means that if one party is offended when the other party breaks the rule, then the former party has all rights to submit petition in the court of law against the later party and can sue it. Before signing the agreement, the two parties may want to hold pre-emptive discussions or negotiations. These discussions are not part of the contract but only a preliminary exchange of views. For example, if a bookstore is displaying book s with price tags on its shelves, then before the contract between the seller and the buyer is formalized, the seller may go into bargain and bring the seller down to a lower price. Once the price is confirmed, the buyer then pas the price and enters into a contract. The contract law, on one hand, tends to protect the law from breaking and on the other, defines terms and conditions when a dispute occurs. According to Larson3, a contract must involve mutual consent of the two parties, offer and acceptance, mutual exchange of something of value, delivery, good faith, and no violation of the public policy. The present status of contract law is referred to as neoclassical contract law and it addresses the downsides of the classical contract law. Macneil4 defines neoclassical contracting as the one that offers â€Å"a different contracting relation that preserves trading but provides for additional governance structure†. So, there is a third party involved that solves the disputes and brings about settlement between the two parties involved in the agreement. According to Williamson5, â€Å"perceptive parties reject classical contract law and move into a neoclassical contracting regime because this better facilitates continuity and promotes efficient adaptation†. The two parties remain autonomous but the contract is interceded by a third party regulatory agency6. Examples from Relevant Areas of Contract Law Internet Sales Contract Regulations One good example of the application of contract law is the online market. The Internet Sales Contract Regulations have specifically been designed for the consumers who are either the residents of Alberta or engage in e-commerce with companies located inside Alberta. This contract deals with only those goods and services which are worth more than $50 bought or sold for personal use. The regulation deals with formal business transactions within companies and not with a single individual. There are certain disclosure statements stated in the regulations that instruct the online vendor or seller to provide certain information to the consumer before making the transaction. This information is very vital for the consumer’s satisfaction so that he knows that he is entering into a safe and protected contract with the company and that there is no chance of any fraudulent activity. This information is to be printed on the website. The company is liable to provide the consumer with a copy of the contract made either in the electronic form or in paper, according to the consumer’s requirement. Consumer Protection Legislation The EU’s contract law, referred to as consumer protection legislation, consists of several Acts that ensure the protection of consumer guaranteed from the seller’s side. These Acts include Fair Trading Act 1973 (ensures fair e-commerce), Supply of Goods (Implied Terms) Act 1973 (deals with hire-purchase contracts), Sale of Goods Act 1979 (describes the rig hts of the seller), Supply of Goods and Services Act 1982 (describes the

Law of Supply and Demand | Entry Barriers

Law of Supply and Demand | Entry Barriers The Economic Environment and Anatomy of Business Law of Supply and Demand Headline: Nexus 6 sold out: Google Play Store will have more in stock every Wednesday URL: http://www.techtimes.com/articles/19568/20141105/nexus-6-in-stock-every-wednesday-and-within-minutes-google-phablet-completely-sold-out-again.htm The first economic phenomenon that we are going to look at is the law of supply and demand. In its raw form it states that if the demand for certain product is higher than its availability (supply) then the price for that product goes up and if the vice versa is present then it decreases (Baye, 2010). A current example of this is the lightning fast selling of Google’s latest flagship smartphone Nexus 6. Upon its release in the Google Play Online store, the first shipment was sold out within minutes. After that, when the second shipment arrived, the same situation repeated. This is a clear indicator that the demand of Nexus 6 was way higher than the actual supply. The reasons for such a high demand can be attributed to several factors. Firstly, Google’s Nexus 6 came with the new Android operating system version 5.0 (Code name Lollipop), being the only phone on the market that supports it. Secondly, the price of Nexus 6 was (and currently is) relatively lower than its competitor‘s – it is cheaper than Apple’s IPhone 6, 6Plus and Sony’s Xperia Z3 (Luke Johnson, 7 November, 2014), and approximately same priced as Samsung’s Galaxy S5. This gives an extra layer of appeal to buyers and combined with its high quality, the reason behind the extremely high demand of the Google’s smart phone is justified. The graph below illustrates an example of the current supply and demand of Google’s Nexus 6: We mark the current price level of Nexus 6 with P1, the current quantity that Google can supply with Qs and the current quantity that is demanded with Qd. P* and Q* are our equilibrium price and equilibrium quantity respectively. Setting a lower price for the smartphone compared to the competitor’s and offering the exclusivity of the new Android operating system, has made the demand for the product extremely high. On one hand, this is good indicator, however, in this case Google could not provide an adequate amount of supply to the market. Those two factors led the company to an excess of demand. Assuming, the basic principles of the law of supply and demand are functioning, the rivalry between customers, who want to buy the modern smartphone, will push the price up to the equilibrium point. That point represents the place, where the demand from customers and the supply from Google, meet and form an equilibrium (supplied quantity is equal to the demanded one or our equilibrium price and quantity, conforms). Naturally, another scenario may occur – the demand for Nexus 6 might eventually drop as a result of oversaturation of the market with smartphones from the same class, adoption of the Android 5.0 OS by rival firms (it is predicted that this will happen by the end of 2014 (James Rogerson, Matthew Hanson, October 2014) due to the fact that the Android OS is open-source) or a drop in prices of competitor’s phone offers. In case this happens, the equilibrium point will be achieved at a significantly lower price compared to the first scenario. To summarize, in the base of every modern economy stands the law of supply and demand and it dictates its basic behavior. Companies such as Google and its Nexus 6 smartphone, visualize the stated law perfectly with its clear excess of demand. Entry Barriers Headline: Latest OS share data shows Windows still dominating in PCs URL: http://www.zdnet.com/latest-os-share-data-shows-windows-still-dominating-in-pcs-7000013351/ The second economic mechanism that we are going to focus on is that of entry briers. Entry barriers or barriers of entry by definition are blockades set on a specific market that make it difficult for new firms to enter. The reason of their formation can be due to government laws and regulations (this creates governmental monopolies), to a large company that is taking advantage of economies of scale, to brand loyalty, geographical barriers (the mining industry), high switching costs, sunk costs, high cost for research and development or to patents (Sullivan, A; Steven, M. S., 2003, p.153).. An excellent example for entry barriers is the market of desktop operating systems, which currently is occupied by Microsoft. Since its founding in 1975 the company has walked a long way from a simple garage firm to a global computer giant that, at the present moment, has a monopolistic position on the desktop OS market with more the 90% of it belonging to the Windows operating system (OS) (â€Å"Desktop Operating System Market Share†, 2014). With the recent announcement of the newest member of the Windows family – Windows 10, Microsoft aims to strengthen even more its position and along with that to keep the status quo. Hence, any other company, which wants to enter the market and successfully compete with Microsoft, needs to make a huge investment. Several reasons lie behind that: there is a significant market loyalty to the Windows OS, the know-how for making an OS with such proportions is concentrated within the company and the brand itself is highly recognizable. A ll those factors are barriers for the other companies to enter the market and in order to compete efficiently, they have to apply a lot of effort to popularize their new brand. Moreover, Microsoft has many patents in the software sector, which restrict major part of the information accesses for the rival firms. Furthermore, the switching costs (the cost for switching from one product to another) for a company, which uses the Windows OS, are significantly high. They consist of expenses for buying the new OS, integrating it and teaching its employees to use it and generally such migration will not be undertaken/ launched lightly or even at all. Entry barriers do not always have a positive effect on the market due to the fact they stimulates the creation of a monopolies in a specific sector, which may lead to unreasonably high prices and low quality. This stems from the lack of competitors able to challenge both price and quality of the products offered to the public. With Microsoft, this is not the case, but the probability is always there. To summarize, the barriers of entry are an efficient way for a firm to restrict access to a market segment and generate maximum profit.Microsoft’s monopolistic position in the sector of desktop operating systems is largely attributed to the various imposed entry barriers, which have assured their future dominant position on the market. Economies of Scale and Economics of a Scope Headline: Facebook Has Spent $22 Billion on Acquisitions. URL: http://mashable.com/2014/05/30/facebook-acquisitions/ Thirdly, we are going to look at the following economic concepts economies of a scale and economics of a scope. Economies of a scale is a way for a company to reduce the average cost of its products by distributing the fixed costs onto a larger amount of production (Baye, 2010, p. 185 186). Normally, this is done by increasing the size of the company (growing horizontally – expanding in the current market segment). Economies of a scope, on the other hand, is achieved by expanding the company in other market sectors, where its current know-how can help to produce goods at a relatively lower prices then it normally would do (Baye, 2010, p. 187). Facebook is a company that applies simultaneously both economies of a scale and scope. Since its founding in 2004, the company has spent roughly 22 billion dollars for the goal of acquiring other businesses that range from small companies focused on web or mobile development, through startups that have an astonishing growth rate (WhatsApp), to innovators that are promising to bring a whole new experience to their users (Oculus Rift). Buying small and medium sized companies that can be directly integrated into the development process of Facebook, is clear example of economies of a scale. By doing that, the company is reducing its fixed costs by spreading them onto a larger amount of users. Another benefit from this is the company’s employees specialization into a specific field (social media) and along with that they become more efficient, which increases the general productivity and reduce costs. Another aspect of Facebook’s policy is that of acquiring companies in sectors related to social media. A good example of that is the Oculus Rift deal that happened in the beginning of 2014. Through buying the company, Facebook can combine the virtual reality technology provided form Oculus Rift with its know-how of brining real life social experience, online and the result will be a totally new way that we experience the web. This implies that the Social Media giant will be able to reduce its total cost in the view that it already has experience in the field of software development and social media. Developing applications for the new virtual reality platform or developing the platform itself will be less expensive than for other companies that do not have such experience. Avoidlessly, economies of scale and scope come at a price. Larger firms often experience problems such as miscommunication between its separate parts, difficulties in coordination and their owners loose part of the control over the company due to the necessity to delegate part of their responsibilities to managers, hence they may not always make the most adequate decisions for the best of the company. In conclusion, by using economies of a scale and scope companies such as Facebook can significantly reduce their total costs, optimize productivity and increase production power. Price discrimination Headline: GitHub announces free developer tools for students URL: http://thenextweb.com/insider/2014/10/07/github-announces-free-developer-tools-students/ The last economic concept that we are going to look at is price discrimination. In its core, price discrimination is a type of pricing strategy, in which the same or largely similar products are sold at different prices depending on various factors. There are several degrees of price differentiation first, second and third, in addition to that, diverse combinations among them can be formed. Typical for the first degree is that a monopolistic company charges the absolute maximum price (reservation price) for its goods or services (perfect price discrimination). The second degree is closely related to quantity demand the larger it is, the lower the prices are (it does not depend on customer’s personality). Conversely, third degree price discrimination can be based on a specific market group (students, teachers, workers etc.), on geographical location or even more in some cases on a specific customer, but not on quantity (Cabral, 2014). A good example of price discrimination, is the recent release of free developer packages from GitHub for people belonging to educational sector students, teachers, administrative staff and researchers, which include waiving of subscription taxes for a private GitHub account and free educational software (third degree discrimination). By taking this step, GitHub attracts more people form the target sector. For instance, students overall have more restricted incomes, making them more price sensitive to changes and the demand they form, relatively elastic (from the graphic bellow: changes in price from P1 to P2 are met with significantly greater change in demanded quantity – Q1 to Q2). In other words, small price changes can have a great impact on the total demand of a certain item. Similarly, GitHub offers the same packages for teachers – which allows them to better educate their students and hence produce a better qualified future workers for the market, benefiting the economy as a whole. Despite the fact that those packages are now free, in long term they can bring more clients and create customer loyalty, which will result positively on the company’s revenue. Moreover, this price discrimination tactic has a beneficial influence on the whole software development sector due to the fact it provides free access to private accounts and free development tools. This contributes to students to develop their ideas, which can eventually grow in startups a effect on the economy. However, attempts for reselling the software provided within the free packages can occur and in order to prevent this the company has taken measures. For students to request such an account, they need to provide their unique university email or school ID as a proof. Teachers and researchers on the other hand need to present a â€Å"proof of affiliation†* in order to install the software on their computers. Providing proof of affiliation is a way of verifying the involvement the academic status. Such packages are allowed per person/ an email account and in addition to that most of the software is licensed under conditions that permit its usage only for academic purposes and any other attempts are punishable by international law. Undoubtedly, ways around such rules exist but generally speaking the company is relatively safe against reselling of their products. To conclude, price discrimination is an efficient way for companies to specifically tailor their products for a particular group of customers. Being one of those companies, GitHub combines the benefits from that, with the opportunity to stimulate the academic process around the world. References: BAYE, M. R. (2009) Managerial economics and business strategy – 7th edition, New York, McGraw-Hill/Irwin CABRAL, L. M. B. (March 10, 2014) Introduction to Industrial Organization – 2th edition, Price Discrimination Sullivan, A; Steven, M. S. (2003). Economics: Principles in action, Upper Saddle River, New Jersey: Pearson Prentice Hall, ISBN 0-13-063085-3. Desktop Operating System Market Share (October 2014) (online). Available from:  http://www.netmarketshare.com/operating-system-market-share.aspx?qprid=10qpcustomd=0 (Last Accessed 14/11/2014) James Rogerson, Matthew Hanson (13 November, 2014) (online). Android Lollipop 5.0 update: when can I get it? Available from:  http://www.techradar.com/news/phone-and-communications/mobile-phones/android-l-5-0-release-date-when-can-i-get-it1257804 (Last Accessed 15/11/2014) Luke Johnson (7 November, 2014) (online). Nexus 6 release date, rumors, news, specs and price round-up. Available from:  http://www.trustedreviews.com/news/nexus-6-release-date-rumours-news-specs-and-price (Last Accessed 15/11/2014) Social Work: Assessment, Plan, Implementation and Evaluation Social Work: Assessment, Plan, Implementation and Evaluation What is a social work assessment, plan and evaluation? The aim of social work is to protect individuals from harm, and to empower them and improve their lives. Social workers form a human link between the many programs employed to serve the public good and those who are in need. They form the ‘eyes and ears’ of public efforts to combat social ills, so to speak, and they are the practical human element of common sense in their application. It is in this role where new ideas are created and innovative solutions are identified, where existing practices are judged for effectiveness, and, most importantly, where the faceless bureaucracy of government takes human form. In order to accomplish this a critical process of assessment, planning, and evaluation has evolved in the field of social work which allows social workers to effectively achieve their goals. Moreover, it is has found a wide range of applications, from the student-supervisor relationship to practitioners in the field. The process of assessment is aimed first at identifying problems or ‘taking stock’ of a particular situation. Identifying the problems in a situation provides the fundamental raison d’à ªtre for the development and employment of a solution. Past identifying whether there is actually a problem (which is often suspected or reasonably understood before an assessment is undertaken), social work assessment has more to do with determining the particular nature of the problem and its degree. Understanding what kind of problem is being faced, and just how bad it really is, is key to forming a coherent plan to affect a real solution. This requires strong observation and critical analysis skills on the part of the social worker, but it also requires an intimate and experiential knowledge of the field in which the assessment is being undertaken. Once the nature and degree of a problem is understood, different options may emerge each as a possible solution. Each possible solution will have its own strengths and weaknesses, its own advantages and drawbacks. And while the process of assessment may be viewed as excessively tedious at times, it is critical to never underestimate its importance. A study on the need for an assessment model in primary medical care facilities for the elderly noted that: â€Å"When psychosocial needs go unmet through misdiagnosis, lack of detection, lack of treatment and follow up, elderly patients are at risk of further health problems that can lead to physical deterioration, reduced independence, and eventually to the need for more intensive and expensive services. â€Å" (Berkman et al., 1999) The failure of proper assessment not only prevents positive solutions, but also results in negative impacts. Assessment forms a critical foundation for the effectiveness of all other social work efforts. As such, the identification of different solutions requires policy knowhow and creativity on the part of the social worker. Meeting the demands of this important aspect of assessment, in conjunction with the skills of problem identification and critical analysis, will ensure sound and proper assessments which enable the identification of proper solutions. Assessment is a critical component at the basis of all kinds of social work, from medical care and patient treatment to domestic violence and child poverty. All outcomes depend upon an assessment model built upon sound observation and critical analysis combined with creative and informed policy thought. Solid assessment will provide the social worker with a range of options for addressing a particular problem. The selection of an appropriate solution involves properly understanding the nature of the problem, as well as the various impacts of each option at different levels. The skills required to identify the right solution to a problem involve more than simple program literacy or policy analysis. They involve the fundamental ability to not only understand policies, but to weigh them concurrently against previously identified goals. Because many factors involved in determining the impacts of a possible solution are subjective (i.e. individuals, public and private groups, changing laws etc), achieving this is not a matter of simple analysis but of an intuitive understanding of these subjective factors. Too often, someone unfamiliar with, or removed from, these subjective variables enacts a calculated decision based upon what is understood to be sound analysis. The history of social work is filled with this kind of serial miscalculation. Take, for example, a 2005 study on battered women. It found that: â€Å"Safety planning will be most effective if it occurs within a contextualized assessmentprocess that illuminates the deeper struggles and multiple harms that women balance when making decisions about continuing or ending relationships.† (Lindhorst et al., 2005) While a â€Å"contextualized assessment process† is the main focus of the essay, it is the effectiveness of the plan or policy that is identified as the major issue affected by its absence. Assuming the burdens of sound assessment are properly met elsewhere, the ‘contextualization of the process’, or the root of its understanding in the subjective variables which specifically define it, will determine its success. Real planning and policy implementation in response to sound assessment must always be rooted in the day to day reality of the issue it is dealing with. Too much abstraction or beaurocratization of this process distances it from reality, and only serves the employment of solutions which leave critical needs and major goals unmet. Ensuring that this understanding is present, along with the required critical analysis skills and policy knowledge on the part of the social worker, will ensure the right person is making these decisions. A bad decision based upon the best assessment is still an unacceptable outcome. It is never evident, however, that the right plan or policy was chosen or the right assessment undertaken without some kind of evaluation. Success and failure is seldom absolute. More often it exists in degrees. And while success may be met in a number of respects, it may be absent in a number of others. The process of evaluation is designed to measure these degrees. The changes that have taken place since a particular plan or policy was implemented are a major indicator of their effectiveness. Too often, however, not enough attention is paid to whether or not these changes are actually the result of the plans or policies in question. It is the process of evaluation’s primary task to determine the facts of policy impacts and exactly what policies are responsible for certain changes. Furthermore, the process of evaluation is usually synonymous with some kind of accountability. When looking at programs from a financial point of view, this accountability is welcome. Indeed, it is rightly viewed as necessary to their responsible administration. This evaluation is, to a large degree, black and white. Either the numbers add up or they don’t. Either an idea has fundamentally succeeded or it has failed, or else it needs some tweaking. From a personnel perspective, however, â€Å"the words ‘accountability,’ ‘supervision’ and ‘evaluation’ are frightening. They imply having ones feet held to the fire for failure. These processes exist in a paradigm of fear and dread. Educators blame others and blame the circumstances for their lack of effectiveness rather than taking personal responsibility. This phenomenon in human dynamics should not be seen as unique to teachers and administrators in education. It exists everywhere. We all have a tough time taking and giving criticism. We all have that very common fear of failure.† (Mcgrath, 2000) The human dynamic is here identified as a force resistant to the very kind of accountability the process of evaluation is meant to bring about. The study, â€Å"The Human Dynamics of Personnel Evaluation† (Mcgrath, 2000) talks about the judgmental nature and pressure of accountability which needs to be taken into account in the evaluation process. The evaluation process is often viewed as a simple matter of calculation, or arithmetic. We had the goals the reasoning goes, we had the assessment and the plan, and we had what happened – just add it all up. But it’s just not that simple. The human dynamic is woven between virtually every fibre in the assessment and policy process. Viewing accountability through a fiscal lens, or a purely factual lens of objective causes and effects, miscalculates one of the largest and most influential factors in determining the usefulness of social work evaluation: people. Making the evaluation process effective must involve, as with the two other processes discussed in this essay, more than just analysis. It must involve a psychology of responsibility that individuals are confronted with in the process at all levels. It must involve a confrontation of the fear of failure present in the heart of every sincere effort. Perhaps the great compassion which drives the field of social work forward, demanding the investment of nothing less than life itself from thousands of people, is also its greatest weakness. I believe, however, that it is the unawareness of this vulnerability which makes it a liability – nothing the fullness of character and a mature temperament cannot address. Bibliography Berkman et al. (1999) â€Å"Standardized Screening of Elderly Patients’ Needs for Social Work Assessment in Primary Care: Use of the SF-36† Health and Social Work. Vol. 24 Boutin-Foster et al. (2005) â€Å"Social Work Admission Assessment Tool for Identifying Patients in Need of Comprehensive Social Work Evaluation† Health and Social Work. Vol. 30 Burgess, H., Taylor, O., (2004) Effective Learning and Teaching in Social Policy and Social Work. London: RoutledgeFalmer Garcia, J., Floyd, C., (2002) â€Å"Addressing Evaluative Standards Related to Program Assessment: How Do We Respond?† Journal of Social Work Education. Vol. 38 Ginsburg, E., (1990) Effective Interventions: Applying Learning Theory to School Social Work. New York: Greenwood Press Gitterman, A., (2001) Handbook of Social Work Practice with Vulnerable and Resilient Populations. New York: Columbia University Press Lindhorst et al. (2005) â€Å"Contextualized Assessmennt of Battered Women: Strategic Safety Planning to Cope with Multiple Harms† Journal of Social Work Education. Vol. 41 Mcgrath, M., (2000) â€Å"The Human Dynamics of Personnel Evaluation† School Administrator. Vol. 57 Pardeck, J., (2002) Family Health Social Work Practice. London: Auburn House Siebert, D., Siebert, C., Spaulding-Givens, J., (2006) â€Å"Teaching Social Work Skills Primarily Online: An Evaluation† Journal of Social Work Education. Vol. 42