Thursday, May 21, 2020

An Analysis of the Rule of Law - Free Essay Example

Sample details Pages: 6 Words: 1882 Downloads: 4 Date added: 2017/06/26 Category Law Essay Type Analytical essay Tags: Act Essay Did you like this example? Rule of law in general terms is about equality before the law where everyone are protected under the same law of the land regardless of your status in society. In narrow context, it does not really matter whether the law upholds the concept of rule of law or not, but as long as the people ought to follow the law, then it is automatically considered as the rule of law[1]. According to John Rawl, rule of law is related to liberalism where regular and impartial administration of public rule is the essence of just legal system characterised by legitimate expectation of people and several requirements must be met whereby the rule of law must only command actions which are possible that those enact the law must do so in a good faith which for instance, cases must be heard fairly and treated alike and this indirectly complies with the rule of natural justice, à ¢Ã¢â€š ¬Ã‹Å"nemo iudex in causa suaà ¢Ã¢â€š ¬Ã¢â€ž ¢. Don’t waste time! Our writers will create an original "An Analysis of the Rule of Law" essay for you Create order On the other hand, rule of law can also be seen as the à ¢Ã¢â€š ¬Ã‹Å"law and orderà ¢Ã¢â€š ¬Ã¢â€ž ¢ model which emphasises on a peaceful settlement of disputes without violence. This implies that where a valid law exist, there is surely a obligation of that the citizens to obey those laws being imposed to them. As to that, law and order may lead to the restrain of freedom of the citizen to a certain point[2]. For instance, any action which involves protest will violate the legal rules as to whether it is the rule protested against or otherwise, either way it will still violate legal rules. In Malaysia, the Federal Constitution gives you the freedom to assembly under Article 10 (1)(b) where it is stated that the citizen have the right to assemble peacefully without arms. On the other hand, having street protest needs to go in hand with the procedures under Section 15 (1) and (2) of the Peaceful Assembly Act 2012 that restricts your rights by imposing conditions to assemble and failu re to follow those conditions in the Act essentially gives way to the Officer in Charge of a Police District to disperse the assembly. As according to A.V Diceyà ¢Ã¢â€š ¬Ã¢â€ž ¢s first apostolate on rule of law, à ¢Ã¢â€š ¬Ã‹Å"no man is punishable in body or goods except for a distinct breach of law established in the ordinary legal manner before the ordinary courts of the land[3]à ¢Ã¢â€š ¬Ã¢â€ž ¢. Any power given to the one in authority should not be too discretionary. In other words, a person should not be punished except for conduct which is a clear breach of law. This contradicts with the case of Shaw v Director of Public Prosecution (1962) where the appellant published a booklet called à ¢Ã¢â€š ¬Ã‹Å"Ladies Directoryà ¢Ã¢â€š ¬Ã¢â€ž ¢ listed on the contact details of prostitutes and nude pictures. He was convicted of conspiracy to corrupt public morals which is an offence under the Obscene Publications Act 1959. It was held that the courts were the guardians of public mora ls and that they ought to restrain and punish whatever that is à ¢Ã¢â€š ¬Ã‹Å"contra bonos mores et decorumà ¢Ã¢â€š ¬Ã¢â€ž ¢. Eventhough there was no particular law against immoral act as regards to the Common Law at that time, the courts still had the duty to lay down their own decision in the judgement. The appeal was rejected. This creates uncertainty as to what act amounts to an offence which is ought to be overruled when there is no law existing on that particular matter at the point that act was carried out[4]. Diceyà ¢Ã¢â€š ¬Ã¢â€ž ¢s first apostolate applied in Malaysia, to certain extend, the rule of law is not affirmed here and this can be seen in the case of Loh Kooi Chun v Government of Malaysia (1977) 2 MLJ 187. Loh was detained by Royal Malaysian Police under a warrant issued under the provision of Restricted Residence Enactment 1933. Federal Justice, Raja Azlan Shah delivered judgement brought about Article 5(4) of Federal Constitution specifying, à ¢Ã¢â€š ¬Ã‹Å"a ny person arrested and not released he shall without unreasonable delay, and in any case within twenty-four hours be produced before the magistrate and shall not be further detained in custody without the magistrateà ¢Ã¢â€š ¬Ã¢â€ž ¢s authority.à ¢Ã¢â€š ¬Ã¢â€ž ¢ Thus, this guarantees the rights of habeas corpus. Loh was denied this right and sued the police for damages. Unfortunately, his claim was rejected on grounds that the police has acted in compliance with warrant issued competent authority. Loh appealed to the Federal Court which heard his case four years after the original case. But however, before the appeal made, Parliament amended Article 5(4) and added a provision stating, à ¢Ã¢â€š ¬Ã‹Å"Provided that this clause shall not apply to the arrest or detention of any person under the existing law relating to restricted residence, and all the provisions of this Clause shall be deemed to have been integral part of this Article as from Merdeka Day.à ¢Ã¢â€š ¬Ã¢â€ž ¢ Essentially , the amendment had retrospective effect whereby it invalidates rights of habeas corpus. However, the judgement laid down by Federal Justice Raja Azlan Shah, although in Article 4(1) of the Federal Constitution states, à ¢Ã¢â€š ¬Ã‹Å"any unconstitutional law passed after independence would be voidà ¢Ã¢â€š ¬Ã¢â€ž ¢, but this does not apply to the Constitution itself as the Constitution could not be inconsistent to itself. In other words, the judgement states that the law made under ordinary legislative powers and amendments made to the Constitution were two different things altogether. Over here, it can be implied that Residence Enactment 1933 has supreme position over the Constitution as regards to arbitrary arrest and restriction of movement as Article 5(4) was not applied in the course of arresting and detaining a person Diceyà ¢Ã¢â€š ¬Ã¢â€ž ¢s second apostolate lays down, à ¢Ã¢â€š ¬Ã‹Å"no one is above the law and everyone is equal before the law regardless of social, econom ic and political status and they are subjected to the same law of the land.à ¢Ã¢â€š ¬Ã¢â€ž ¢ Malaysia tries to uphold the rule of law by virtue of Article 4 of the Federal Constitution stating the Federal Constitution is the supreme law of the land. In accordance with that, the Federal Constitution acknowledges equality by virtue of Article 8 stating, à ¢Ã¢â€š ¬Ã‹Å"all person are equal before the law and entitled to the equal protection of the lawà ¢Ã¢â€š ¬Ã¢â€ž ¢. However, application of two courts system which are the Civil and Syariah court has gone against the concept of rule of law as citizens are not tried in the same court hierarchy. Prior to amendment of Article 121 of the Federal Constitution, Syariah court was considered to be subordinate court where there was encroachment by civil court on the jurisdiction of the Syariah court and upon amendment, the addition of clause (1A) to Article 121 essentially prevents Civil Courts from reviewing decision made by Syariah Court. A non- Muslims are not allowed to go to Syariah Court for relief and on the other hand, Civil Court has no jurisdiction upon personal law of Islam. Over here, there is no harmonization and even worst, rights of citizens to go to court to certain extend is denied with the existence of two courts system[5]. The doctrine of separation of powers defined by Aristotale in the book à ¢Ã¢â€š ¬Ã‹Å"The Politicsà ¢Ã¢â€š ¬Ã¢â€ž ¢ states the three branches of government needs to be arranged and only when those brunches are well arranged will the constitution be bound to be well arranged. Powers needs to be distributed among three branches according to membership and functions which is essentially why we do not find the same constitution in every country for the simple reason that it is drafted differently[6]. Montesquieu formulation did not receive total acceptance which indirectly implies that a rigid separation of powers among the three branches was felt not to be expedient and too much s eparation or restrictions imposed to check any abuse of powers will not only hamper the due exercise of these powers but will virtually bring the government a standstill[7]. In Malaysia, we adopt the view by Madison where there can be overlaps between three branches which comes along with check and balances. As observed in the case of Pengarah Tanah Galian Wilayah Persekutuan v. Sri Lempah (1979) 1 MLJ 135, à ¢Ã¢â€š ¬Ã‹Å"every legal power must have legal limits, otherwise it leads to dictatorship. Every discretion cannot be free from legal restraint where it is wrongly exercised, it becomes the duty of the courts to intervene.[8]à ¢Ã¢â€š ¬Ã¢â€ž ¢ It is fundamental as the Federal Constitution is the supreme law and constitutes the grundnorm that all laws are subjected to. It is the duty of judges to uphold justice in accordance with law and in the event where there is a written constitution, judges should administer the law to make sure laws passed by the legislative is inaccordanc e with the constitution and should be strike down to be ultra vires if the law is deemed to be unconstitutional. The function of legislative is to enact law. As in the United States, there is a clear dividing line between the legislative and executive as the President and his cabinet cannot be part from the Congress. This is a total contrast as pertaining to Malaysia whereby by virtue Article 43(2) of the Federal Constitution, the Prime Minister belongs to the Dewan Rakyat and other cabinet ministers belong to either House. When a bill is introduced into Parliament, it needs to go through four stages before enacted as a law. The two important stages among those four will be the second stage and committee stage and it is in the second stage that the debates on the principles takes place. In Malaysia, not all bills are sent to the Select Committee to be checked and only certain important bills, like the budget bill will be sent to be scrutinized. This appears as a clear breach to the doctrine of separation of powers but there is still a check and balance as the legislative indirectly checks on the executive policies contained in the bill. Amendments may be made after scrutinizing but at the end of the day, the Minister or any member of the House may propose a motion which requires a two-third vote of the majority. As Malaysia practices the First Past The Post, majority seats in Dewan Rakyat is being concurred by the ruling party which favours the Bill to get through easily. Even worst, it is more often than not that guillotine motion and kangaroo closure is used to cut short the time of debate. An example that can be drawn upon will be the Prevention of Crime (Amendment and Extension) Act 2013 which allows criminals to be detained for up to two years. The objective of the amendment on papers is to lower down crime rates but on the other hand, it essentially has restrictions being placed unto it pertaining to our fundamental liberties. This Act passed provides de tention without trial which obviously contradicts with the rule of Natural Justice, à ¢Ã¢â€š ¬Ã‹Å"audi alteram partemà ¢Ã¢â€š ¬Ã¢â€ž ¢ and in other words, this amended Act allows the court to review the detentions from a viewpoint on whether or not the procedure in making the order has been complied with or not? [1] Constitutional Administrative Law, 8th Edition, Hilaire Barnett, pg 52 [2] Public Law and Human Rights, 2nd Edition, Helen Fendwick, pg 81 [3] The Constitution of United Kingdom, Peter Leyland, pg 48 [4] Constitutional Administrative Law, 8th Edition, Michael Allen, pg 197 [5] Law, Government and the Constitution in Malaysia, Andrew Harding, pg 144 [6] Public Law and Human Rights, 2nd Edition, Helen Fendwick, pg 103 [7]Constitutional Law In Malaysia Singapore, 3rd Edition, Kevin YL Tan Thio Li-ann, pg 27 [8] Pengarah Tanah Galian Wilayah Persekutuan v. Sri Lempah (1979) 1 MLJ 135

Wednesday, May 6, 2020

Caring for Children and Young People Unit 10 Level 3 Ext

Unit 10 Caring for children young people P1-There are many different reasons why children and young people may need to be looked after which are unforeseen, unexpected and planned situations. Common reasons could involve family related issues including: family breakdown, bereavement, loss of parent, illness or incapacity of a parent such as: hospitalisation, substance misuse or mental health needs, which means there is no one else to provide care. A Child or young person are suspected or actually being maltreated. Children and young person related: health issues, behavioural problems, disability, learning difficulties or rejection by parent as a result of a new partner or because of the child or young person’s behaviour. The child or†¦show more content†¦Therefore, the parent/s who abuse alcohol, solvents and/or prescription and/or recreational drugs wont have the ability to fully meet their child/childrens needs, so they will need to be taken from the situation and placed into care. Most children will be ab le to return to home if the parent/s are no longer users. Otherwise the child/children will stay in care. Maltreatment/abuse- Maltreatment and abuse are an act of cruel or inhumane treatment, within the family, outside of family, in a care setting or by a stranger. It is when a person puts someone in harms way or inflicts pain on someone: physically, emotionally, intellectually or sexually. Physically a child could be harmed by: beatings, burning, scalding, poisoning, starvation or any other physical way of hurting or injuring a child. A child could be neglected by not receiving their essential needs such as: food, water, shelter, warmth and protection. Emotionally a child could receive ill treatment by someone telling them unpleasant things such as: saying they are inadequate, worthless and unloved; humiliation and criticism can also emotionally harm a child; treating a child differently to other children; not interacting with a child etc. The child will need to be taken away from this situation and placed into care either permanently or temporarily until the parent/s are seen fit for care of the child. Intellectually aShow MoreRelatedCOM3708 Portfolio UNISA4997 Words   |  20 Pages 2 1.2.3 Research questions 3 1.2.4 Unit of analysis 3 1.2.5 Population(s) 4 1.2.6 Sampling procedures Read More2006 Arroyo Case Study31910 Words   |  128 PagesChallenges †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ xxi Category 1—Leadership 1.1 1.2 Senior Leadership †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ Governance and Social Responsibilities†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 1 3 Category 2—Strategic Planning 2.1 2.2 Strategy Development †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ Strategy Deployment †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 5 8 Category 3—Focus on Patients, Other Customers, and Markets 3.1 3.2 Patient, Other Customer, and Health Care Market Knowledge †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ Patient and Other Customer Relationships andRead More2006 Arroyo Case Study31910 Words   |  128 PagesOrganizational Challenges †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ xxi Category 1—Leadership 1.1 1.2 Senior Leadership †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ Governance and Social Responsibilities†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 1 3 Category 2—Strategic Planning 2.1 2.2 Strategy Development †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ Strategy Deployment †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 5 8 Category 3—Focus on Patients, Other Customers, and Markets 3.1 3.2 Patient, Other Customer, and Health Care Market Knowledge †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ Patient and Other Customer Relationships and SatisfactionRead MoreStrategic Marketing Management337596 Words   |  1351 Pagesmarketing/strategy interface Summary xi xiii 1 3 3 7 11 19 37 41 43 45 45 50 53 70 71 75 77 79 79 80 81 86 88 89 101 102 104 107 109 Stage One: Where are we now? Strategic and marketing analysis 2 Marketing auditing and the analysis of capability 2.1 2.2 2.3 2.4 2.5 2.6 2.7 Learning objectives Introduction Reviewing marketing effectiveness The role of SWOT analysis Competitive advantage and the value chain Conducting effective audits Summary 3 Segmental, productivity and ratio analysis 3.1Read MoreThe Marketing Research of Brainquiry33782 Words   |  136 Pagesas mentioned before. If more contacts are needed they can be found by using the means stated in the sources part of the research. The excel file gives furthermore general information about private insurance companies and an overview of how many people do have which mental disorder in Germany. In the report the promotional part gives an overview of means to use regarding the target groups being looked at by Brainquiry. The final report of the Netherlands consist of following parts: excel files

Global Ethical Position Of Bp Commerce Essay Free Essays

string(72) " activities are coordinated and integrated across geographical lodgers\." In a 2006 interview with ProPublica after the Prudhoe Bay spill, published in Fortune BPs main executive of American operations, Robert Malone, said â€Å" There is no uncertainty in my head, what happened may non hold broken the jurisprudence but it broke our values. Corporate societal duty is merely a responsibility of attention which an administration owes to its stakeholders and the environment in which it operates. Hodgetts et at ( 2006, p65 ) states that: â€Å" Corporate societal duty ( CSR ) can be defined as the actions of a house to profit society beyond the demands of the jurisprudence and the direct involvements of the house. We will write a custom essay sample on Global Ethical Position Of Bp Commerce Essay or any similar topic only for you Order Now Pressure for greater attending to CSR has emanated from a scope of stakeholders, including civil society ( the wide societal involvements in a given part or state ) and from nongovernmental administrations ( NGOs ) . These groups have urged MNCs to be more antiphonal to the scope of societal demands in developing states, including turn toing concerns about working conditions in mills or service centres and go toing to the environmental impacts of their activities. † Harmonizing to Stewart Broome the Director of Business Ethical motives at BP, BP operate under planetary criterions through its usage of advanced engineering, safe working conditions and operational procedures, safer operational patterns for the protection of the environment in conformity with planetary ethical criterions. However, contrary to BP ‘s ethical place the undermentioned incidents have occurred within the last five old ages which resulted in the loss of lives, devastation of the environment, and marine life. Lustgarten ( 2010 ) reported that: A BP ‘s refinery explored in Texas, March 2005 this resulted in the decease of 15 workers and the hurt of 170 others. Probes determined that BP ignored its ain protocols in the operation of the tower and that the company ‘s warning system was besides disabled. BP accordingly pleaded guilty to federal felony charges and was fined more that $ 50 million by the US Environmental Protection Agency. One twelvemonth subsequently 4,800 barrels of oil leaked into the Alaskan snow through a hole in the company ‘s grapevine at Prudhoe Bay. It was reported by Fortune that BP failed to look into the grapevine in 2002 even though they had been cautioned to look into the grapevine in 2002, they failed to make so. As a consequence a $ 12 million mulct was imposed on BP for a misdemeanor misdemeanor of the federal Water Pollution Control Act. It was subsequently determined by a Congress commission, that BP had ignored chances to forestall the spill and that â€Å" Draconian † cost-saving steps had led to short cuts in its operational projects. BP ‘s most recent incident, on the 20 April 2010 what was confirmed sealed on 19 September 2010 resulted in the decease of 11 individuals. Though the company has investigated the possible causes of the oil spill on the Gulf of Mexico given its path record in the yesteryear there is a deficiency of warrant that such calamities would non go on once more. The households of the workers who died have filed cases impeaching BP of carelessness. Reviewing BP ‘s operations it appears that BP should revisit its planetary ethical place as it relates to the safety of its work force and the environment. It seems that the proper steps and strategic execution of procedures are non being adhered excessively. BP should take the necessary stairss to guarantee the proper care of rigs, regular wellness and safety preparation of staff, proper care of works and equipment to forestall incidents and accidents. The deductions of their trade name and selling The universe over the past 20 old ages or so hold become more environmentally painstaking and caring towards prolonging, continuing and keeping the environment. The BP trade name has been affiliated with saving of the environment. BP.Com stated: â€Å" The systems, criterions and engineerings we apply to minimise our environmental footmark. † In giving its operations to responsible planetary leading the company was able to better its repute and increase its bottom line. As a consequence, BP ‘s fiscal position has been sound as stated by Dailyfinance ( 2010 ) stated: â€Å" Due to higher oil monetary values, BP ‘s first one-fourth 2010 net incomes were $ 6.08 billion compared to $ 2.56 billion in the first one-fourth of 2009. † The BP trade name captured a big portion of the mark market this was a contemplation of the company ‘s success. For 16 back-to-back old ages BP individuality as Amoco was rated the best crude oil trade name by consumers and they besides enjoyed one of the three highest trade name trueness reputes for gasoline in the US this was comparable merely to Chevron and Shell. However, the BP trade name is now perceived as socially and environmentally uncommitted to the planetary environment in which they operate and as a consequence there will be â€Å" fall-out † from the BP trade name and its merchandises. John Kleine executive manager of the BP Amoco Marketers Association ( 2010 ) stated: â€Å" Some BP gas station proprietors in the United States want to drop the BP name and return to the Amoco trade name to retrieve concern hit by public choler over the Gulf of Mexico oil spill catastrophe. The worst seaward oil spill in U.S. history fouled beaches from Texas to Florida, lay waste toing the Gulf seashore fishing and touristry industries. Some environmental groups called for a boycott of BP gas Stationss. † Due the negative impact of that the company ‘s operations has on the environment they are traveling to be individual who would reject the BP trade name. Kleine ( 2010 ) stated: â€Å" The BP spill has had a psychological impact on distributers. He described it as a clip of crisis and triageaˆÂ ¦.That truly comes from being concerned about their concern, their support, their investing, seeing every twenty-four hours the intelligence that would be given to do you believe that the concern is traveling to worsen. † Johansson ( 2006, p11 ) stated that in planetary selling it is indispensable that selling activities are coordinated and integrated across geographical lodgers. You read "Global Ethical Position Of Bp Commerce Essay" in category "Essay examples" Merchandises are standardize, packaging of merchandises are uniformed with indistinguishable stigmatization in a figure of states. JOHANSSON ( 2006, p15 ) states that: â€Å" Global trade names are trade names that are available, good cognize, and extremely regarded throughout the universe ‘s market. Examples include Swatch, Mercedes, Nestle, Coca-Cola, Nike, Mc Donald ‘s, Sony and Honda. † BP can be compared to the instance of planetary company Nike and the allegations of child labor, insecure working conditions and inhumane conditions of work. Though Nike ne’er admitted straight to any incorrect making they did nevertheless, raise the minimal hiring age from 16 to 18 old ages, improved the conditions of work and the company even created a place of a frailty president for corporate and societal duty. The universe may mostly comprehend BP as an irresponsible company non presently taking caring for the environment, its workers and the planetary community at big. BP ‘s company image as it relates to the environment, Marine and wildlife is tainted due to the figure and badness of oil spills, particularly given the length of clip about five months ( September 2010 ) which it took for the well to be sealed. The public appears to hold lost trust and religion in BP ‘s ability to carry on its operations in a mode which is safe for their workers and the environment in which it operates. Non-governmental groups would clamor for stricter control and harsher punishments for companies through their operations. The fishing industry, mostly little concerns, along the seashore expressed concerns that they may be taken for â€Å" a drive † due to BP ‘s hold in covering with their claims for losingss, after what has been considered the worst natural catastrophe in recent times. There is the urgency for stricter statute law by authoritiess which would guarantee that companies that operate in their state follow wellness and safety policies harmonizing to the Occupational Health Safety Act. Failure by any company to implement safer working conditions and operations can merely weaken the company ‘s image and present a menace to the endurance of the company. Persons would seek alternate merchandises and services from other companies which in its production and fabrication phases are non harmful but safer to the environment. PERREAULT ( 2005, p256-257 ) stated that: â€Å" Brand rejection means that possible clients wo n’t purchase a trade name unless its image is changed. Rejection may propose a alteration in the merchandise or possibly merely a displacement to aim clients who have a better image of the trade name. Get the better ofing a negative image is hard and can be really expensive. † Global clients dissatisfied with trade name image can ensue in consumers globally rejecting the trade name which would finally impact BP ‘s net incomes. What planetary selling scheme should they follow now? In reappraisal BP has a â€Å" up- hill † conflict to reconstruct its bruised repute through its acceptance of an international civilization of safety for their workers and the environment. Fredrx, ( 2010 ) argues that: â€Å" BP may hold plugged the leak in the Gulf Oil spill, but the harm done to its trade name will take old ages to repair. A new selling industry study released Wednesday shows the British oil company has tumbled off a list of the universe ‘s top 100 trade names. † It is extremely recommended that BP strengthen its trade name unity through corporate societal duty and planetary ethical behaviour, which would pull clients one time once more to the BP trade name. By signaling to its stakeholders it is committed to run intoing its moral duties and outlooks beyond what they are required to make by statute law leting for the buy-in to the BP trade name. It is indispensable at this clip the BP re-strategize its operations to ‘regain ‘ its image of an environmentally friendly â€Å" green † crude oil company. Therefore, it would be prudent for BP to reconstitute the company and its direction construction. Freeman et at ( 2007, 6 ) stated that: ( painstaking trade names, †¦ intend trade names that see socially responsible behavior as an built-in portion of what they do, instead than as an attention deficit disorder on. †¦ .conscientious trade name proprietors are human-centric and transparent, focused on making positive alteration in the universe ( non merely on understating the negatives ) and cognizant of the demands of all stakeholders. † To retrieve rapidly it is of important importance that BP focuses its resources and attending on issues of safety. The assignment of Mr Robert Riley to the place of Head of Safety and Operational Risk, Competency and Capability Development was as a direct consequence of his 10 twelvemonth reign at the caput of BP Trinidad without incidents and accidents. The company wants to further a civilization on nothing accidents in their planetary operations. Paul, ( 2010 ) stated that: â€Å" In this new function Riley will describe to Bly and will take BP ‘s worldwide attempts to develop industry taking quality and rigour into BP ‘s operations, peculiarly as it relates to safety and operational hazard. aˆÂ ¦As a effect of the spill BP established a new Safety and Operation Risk unit to let functionaries to step in in all of BP ‘s proficient activities. † This move was necessary to cover with the concerns from the planetary environment sing the issues of safety in BP ‘s operations which resulted in the oil spill of April 2010. Their purpose is to standardize BP ‘s planetary safety and operational unity to a degree which would extinguish accidents and incidents go forthing negative impacts on the environment. Mr Riley was hence given this assignment to assist reconstruct the image and repute of BP as an environmentally caring company, since Mr Riley while he take BPTT had zero incidents. Johansson ( 2006, p537 ) stated: â€Å" Global public dealingss is a signifier of indirect publicity of merchandises and services that focuses on making good will towards the corporation as a whole. The corporate communications staff at central offices and its opposite number in the assorted host states serve as boosters of the corporation to assorted stakeholders interested in the company ‘s foreign enlargement † It is of import that rigorous policies on the Occupational Health and Safety Act are decently implemented and enforced. The Company ‘s image has to alter reflecting that they are an environmentally painstaking company. Therefore this is an effort by BP to reconstruct its trade name and image. Their image has to alter to one which is socially, ethically and environmentally witting. The spill of April 2010 has surely impacted negatively on BP ‘s image as a â€Å" green † company. It is of import that they return to the company ‘s vision and develop and implement schemes which would enable the company to cover with its image and trade name rebuilding. â€Å" The 1000000s of gallons of oil that have spilled into the Gulf of Mexico are more like an epidemic, one that we will be contending for months and even years.A But do no error: A We will contend this spill with everything we ‘ve got for every bit long as it takes.A We will do BP wage for the harm their company has caused.A And we will make whatever ‘s necessary to assist the Gulf Coast and its people recover from this calamity. † In the wake of the spill it would be advisable to BP to redrand its advancing the â€Å" new † company as a more human-centric and environmental painstaking company. BP would besides be advised to work with its stakeholders to guarantee such a catastrophe ne’er happens A Four possible ethical stance BP can follow Researching Corporate Strategy, Seventh Edition A © Pearson Education Ltd 2005 Word count: -2049 How to cite Global Ethical Position Of Bp Commerce Essay, Essay examples

Sunday, April 26, 2020

Sociology Family Essays - Family, Single Parent,

Sociology: Family Stable, healthy, two-parent families still appear to do the best job of raising kids. But when income and job status are taken into account, children raised by single mothers are nearly as likely to succeed in adulthood, and, interestingly enough, they are even more likely to succeed than children raised in homes headed by a stepfather or a single father. Kids from male-headed households, single dads, do worse socioeconomically than kids from mother-headed homes and also two-parent stepfamilies, said USC sociologist Timothy Biblarz, the study's lead author. The study analyzed a survey of 22,761 men ranging in age from 25 to 64. They had been asked to report the occupation of the head of the household in which they grew up and to list their own occupations. All occupations were ranked on a 100-point scale, with 100 requiring the most education and returning the most income. Men from traditional families averaged 42 on the scale, while men in mother-headed households averaged 40, no matter whether the mothers had been divorced, widowed or never married. Children from other types of nontraditional families ranked 35. Previous studies from the mid-'60s on have presumed that children did poorly in single-mother homes because the structure itself was pathological. Even researchers skeptical about the effects of family structure on children's development have pushed for policies to bring a man into a divorced home because of his paycheck. They assume if there's a divorce, you've got to have policies to encourage remarriage to get a man back into the household because of added income, Biblarz said. Our findings challenge that to some extent. Most negative effects were due to the greater likelihood that single mothers would be unemployed, Biblarz said. When you compare two-parent households where fathers were managerial / professional with kids whose single mothers were managerial / professional, there's not a lot of difference between the socioeconomic outcomes as they get into adulthood. The researchers suspected a stepparent's extra income may be offset by other issues and problems that can arise, such as a greater emotional distance or uncertainty and more conflict. Bringing a man into the home doesn't mean kids will get a high level of investment from that stepparent, Biblarz said. The analysis suggests that, if you want your kid to maintain the same status or class you're in, having Mom around and plugged into the family is more important than Dad, said Jeffery Evans, health science administrator for the National Institute of Child Health and Human Development. Until recently, however, much more was known about mothers than fathers and the evidence is far from clear yet about which gender parent is more important, and for what at which age, he said. The real question is, to what extent is father involvement good? It now appears that fathers contribute by helping kids develop street smarts and that they take on a more significant role in the later years of a child's development, he said. It is also clear that after a divorce, joint custody makes a difference in promoting father involvement--and it is as beneficial to the fathers as it is to the children. After a divorce, he said, You'd hate to see moms cut out, and you'd hate to see dads cut out. The net effect of these studies indicate there's a price to be paid for deleting one of the traditional pairs, and the old-fashioned notion that it's good to have a mom and a dad is still a pretty good idea. * Lynn Smith's column appears on Sundays. Readers may write to her at the Los Angeles Times, Life protected] Please include a telephone number. Copyright, The Times Mirror Company; Los Sociology Issues

Wednesday, March 18, 2020

Aldi Supermarket chain

Aldi Supermarket chain Introduction Overview Aldi is a global supermarket chain based in Germany (Aldi, 2013). Aldi was founded by Karl and Theo albretch brothers in 1946. The two had inherited a convenient store from their mother and created a chain of discount food shops Aldi first went global by opening a branch in Birmingham, United Kingdom. Currently, the supermarket chain owns more than 400 stores in the UK alone.Advertising We will write a custom report sample on Aldi Supermarket chain specifically for you for only $16.05 $11/page Learn More Aldi mainly deals in food and drinks, but also sells a range of health and cosmetic products and other low-cost domestic goods. The majority of the products sold by this supermarket chain are own-branded labelled plus a few non-branded products. This system enables Aldi to stock a variety of products similar to other general supermarkets but on a limited space (Aldi Group History, 2010; Fallon, 1987, p. 33; Mitchell, 1991, p. 5). Report Purpose The aim of this report is to carry out an in-depth analysis of Aldi supermarket chain using PESTEL framework and to explore the potential impact of each factor on Aldi, its policies and competitiveness in the UK market. Aldi’s Industrial Analysis: PESTEL framework Political Factors Aldi is a multinational corporation and therefore is greatly affected by the political and legal conditions of individual countries where it operates. The political state of affairs in the UK can be described as steady. The main focus of the current government is recovery from the global financial crisis (Hamilton Ryan, 2012). According to the UK legislation on employment, retail stores are encouraged to provide a wide range of employment opportunities (Balchin, 1994, p. 44). Aldi supermarket chain recognizes the impact of retail chains on social welfare. The company has employed a large number of people without discrimination. Its workforce encompasses people of all walks of life (Mitche ll, 1991, p. 5). Economic factors The economy of the UK is at the moment steady. However, the country has been grappling with relatively high unemployment and uncertainties in the economy. The economy grew by 0.23 % in 2012 and is expected to grow by 1 % this year (2013) (Hamilton Ryan, 2012; BCC, 2012, P. 10). The economic conditions in the UK are a major cause of concern for the retail chain. One of the major causes of concern is the anticipated increase in the unemployment rate. This will result in a decline in the effective demand for numerous products and therefore will affect the general demand of goods in the country (Elearn Training Co 2005). Since the economic factors are way beyond the company’s control, Aldi has started re-organizing its marketing mix with regard to future changes in the economy.Advertising Looking for report on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More Socio-cultural fa ctors According to the recent census conducted in the UK, the population of the youth is shrinking while that of the elderly is growing. This will negatively affect the labour market, market demand, and increase in government expenditure services. Ultimately, the UK government will have to cut-down its budget and increase tax to provide these services. Increased expenses due to rising taxes have impelled UK consumers to change their consumption behaviour (Graiser Scott, p. 10). These changes have resulted into more focus on value addition (Graiser Scott, p. 10; Clarke, Bennison Pal, 1997, p. 60). Since consumers are a function of social habit and beliefs, UK consumers have become more enlightened on health matters and their mind-set towards foodstuff. Aldi is currently adjusting its products to take care of the rising demand for organic and healthy foodstuff (Graiser Scott, p. 13). Technological factors Consumers require more expedient technologies while buying goods. Technology plays a major role in improving consumer experience (Faucheux Nicolaà ¯, 1998, p. 243). The most recent technological innovations for retail stores include electronic advertising and electronic shelf labelling. Online marketing has also become more popular. For that reason, businesses have resorted to the use of online channels to attract customers (Faucheux Nicolaà ¯, 1998, p. 244). The developments of many Aldi goods have been influenced by technology. The current technology has benefited both the retail chain and the consumers at large. Aldi has enhanced consumer satisfaction through technology. The use of technology has enabled the supermarket chain to enhance accessibility of goods and services and personalization of shopping. Technology has also helped to improve efficiency of supply and stock operations (Aldi, 2013). Environmental factors Corporate social responsibility significantly contributes in building consumer trust and loyalty. Therefore, many companies have been experiencing a lot of pressure to recognize their obligation to the general public (Schwartz Carroll, 2003, p. 504; Worthington Brotton, 2009). One of the societal matter threatening retail chains dealing in foodstuff is environmental concerns which requires them to act in an environmentally friendly manner. Understanding these issues broadens moral stance. Aldi’s CSR is concerned with the manner through which the organization meets its responsibility to the shareholders via regulations and governance (Faucheux Nicolaà ¯, 1998, p. 246). Aldi has adapted its products with the current policies and regulations related to environmental sustainability (Aldi Group History, 2010). Legislative factors The British market is extremely regulated (Mintel Report, 2011, P. 2). In addition, the EU commission has set up mandatory nutritional regulations for the retail sector. These regulations help ensure that consumers access healthy foodstuff and more balanced diet. These policies and regulations have had a significant effect on Aldi’s performance. Its product meets both local and global standards (Mintel Report, 2011, P. 4).Advertising We will write a custom report sample on Aldi Supermarket chain specifically for you for only $16.05 $11/page Learn More Conclusion Aldi is a global company but strongly depends on the UK market. Though the UK is economically stable, it is faced with various uncertainties. Aldi understands its role in the society and has been striving to meet the demand of both the consumer and the government. Aldi has been able to keep a good rapport with the UK government by implementing politically correct policies. The company has been keeping tab with current socioeconomic changes by adjusting its products and services in accordance with the prevailing trends. In addition, Aldi’s products are environmentally friendly and meet the established standards. References Aldi 2013, Welcome to Aldi. Web. Aldi Gro up History 2010, Company History. Web. Balchin, A 1994, ‘Part-time workers in the multiple retail sector: small change from employment protection legislation’, Employee Relations, vol. 16, no. 15, pp. 43-57. BCC 2012, Policy Marker: Quarterly Economic Survey Q1 2012, British Chamber of Commerce, London. Clarke, I, Bennison, D, Pal, J 1997, ‘Towards a contemporary perspective of retail location’, International Journal of Retail Distribution Management, vol. 25, no. 2, pp.59-69.Advertising Looking for report on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More Elearn Training Co 2005, The Business Environment, Elsevier, London. Worthington, A, Brotton, C 2009, The Business Environment, FT/Prentice Hall, London. Fallon, J 1987, ‘Aldis European Stores Offer Price’. Supermarket News, 31 August, p. 33. Faucheux S, Nicolaà ¯ I 1998, Environmental technological change and governance in sustainable development policy, Ecological Economics, vol. 27, pp. 243-256. Graiser, A, Scott, T 2004, ‘Understanding the dynamics of the supermarket sector’, The Secured Lender, vol. 60, no. 6, pp.10-14. Hamilton, S, Ryan, J 2012, U.K. Economy Surges 1% as Britain Exits Recession. Web. Mintel Report 2011, UK Food Retailing. Web. Mitchell, A 1991, ‘Aldi and Gateway Seal Site Deal in Move that Puzzles Supermarkets’. Marketing, 12 December, p. 5. Schwartz, M S, Carroll, AB 2003, ‘Corporate Social Responsibility: A Three-Domain Approach’, Business Ethics Quarterly, vol. 13, no. 4, pp.503–530.

Monday, March 2, 2020

Allan Pinkerton and His Detective Agency

Allan Pinkerton and His Detective Agency Allan Pinkerton (1819-1884) never intended to be a spy. So how did he become the founder of one of the most respected detective agencies in America?   Immigrating to America Born in Scotland, August 25, 1819, Allan Pinkerton was a cooper, or barrel-maker.. He immigrated to the United States in 1842 and settled near Chicago, Illinois. He was an industrious man and quickly realized that working for himself would be a much better proposition for himself and family. After some searching, he moved to a town called Dundee that was in need of a cooper and quickly gained control of the market because of his superior quality barrels and low prices. His desire to continually improve his business actually led him down the path to being a detective. Catching Counterfeiters Allan Pinkerton realized that good quality raw materials for his barrels were easily obtained on a small deserted island close to town. He decided that instead of paying others to provide him with the materials, he would travel to the island and get it himself. However, once he got to the island, he saw signs of habitation. Knowing that there were some counterfeiters in the area, he surmised this could be the hideout that had long eluded officials. He teamed up with the local sheriff to stake out the camp. His detective work led to the arrest of the band. The local townspeople then turned to him for help in arresting the ringleader of the band. His natural abilities eventually allowed him to track down the culprit and bring the counterfeiters to justice. Founding His Own Detective Agency In 1850, Allan Pinkerton founded his detective agency based on his own incorruptible principles. His values became the cornerstone of a respected agency that still exists today. His reputation preceded him during the Civil War. He headed the organization responsible for spying on the confederacy. At wars end, he went back to running the Pinkerton Detective Agency until his death on July 1, 1884. At his death the agency continued to operate and would soon become a major force against the young labor movement developing in the United States of America. In fact, this effort against labor tarnished the image of the Pinkertons for years. They always maintained the high moral standards established by their founder, but many people began to view them as an arm of big business. They were involved in numerous activities against labor and during the late 19th and early 20th centuries. Pullman Strike (1894)The Wild Bunch Gang (1896)Ludlow Massacre (1914) Many labor sympathizers accused the Pinkertons of inciting riots as a means of keeping employment or for other nefarious purposes. Their reputation was harmed by their protection of scabs and business property of the major industrialists including Andrew Carnegie. However, they managed to last through all of the controversy and still thrive today as SECURITAS.

Saturday, February 15, 2020

Coke and Pepsi in India Essay Example | Topics and Well Written Essays - 1500 words - 1

Coke and Pepsi in India - Essay Example As the paper highlights Indian customers had a little choice of products or brands and sometimes they were forced to purchase products regardless of quality and reliability. In addition, Indian government mandated that the companies Pepsi and Coca Cola must be promoted in India under the names ‘Lehar Pepsi’ and ‘Coca-Cola India’. Boycotts of American goods and water contamination issues were some other aspects of Indian political spectrum, which influenced operations of both Pepsi and Coca-Cola in the country. The company management could have anticipated some of the Indian market issues particularly corruption within the Indian governmental settings. By forecasting this, the Coca-Cola could have avoided its hardships in the past. However, it was not possible for the company to anticipate the ongoing water contamination issues. In other words, each company could have handled the unexpected developments in Indian political arena better, if its management had been flexible enough to adapt to the developments emerged. From this paper it is clear that Pepsi entered the Indian market early in 1986. During that time, the Pepsi had not to compete with other multinational companies once it was the initial stage of Indian soft drink market. Therefore, the early entry assisted the company to attain a significant foothold in the market while it was still working with its product positioning operations. In addition, the Pepsi acquired 26% market share by 1993 as a result of its early market entry. At the same time, the early entry forced the company to change its name to Lehar Pepsi and additionally Pepsi had to struggle with other local issues. The Indian government restricted Pepsi’s soft drink sales to less than 25% of total sales. Likewise, the late entry of Coca-Cola in Indian market in 1993 aided it buying four bottling plants from the industry leader Parle.