Saturday, August 31, 2019
An Inspector Calls, Social Responsibility Essay
An Inspector Calls was written by J. B. Priestley after the Second World War. It is set in the spring of 1912 at the Brumley home of the Birlings, a prosperous industrial family in the North Midlands. When the Inspector Goole first enters the scene, Mr. Birling is giving some ââ¬Ëgood adviceââ¬â¢, as he calls it, ââ¬Å"A man has to make his own way ââ¬â has to look after himselfâ⬠¦The way some of these cranks talk and write now, youââ¬â¢d think everybody has look after everybody else, as if weââ¬â¢re all mixed up togetherâ⬠. Collectively, the Birlings had been celebrating, rather decadently, a celebration of Gerald and Sheilaââ¬â¢s engagement and Mr. Birling had also been talking about there being a good chance that he will be in the next honours list. There is also an interesting point when Mr. Birling talks openly of Gerald and Sheilaââ¬â¢s social divide, ââ¬Å"Your motherâ⬠¦feels you might have done better for yourself socially [than Sheila]â⬠. This shows that the Birlings and the Crofts, both rich families, opinion that social class is everything and cannot be overlooked. Overall, the evening is almost entirely focused on society itself and how to ââ¬Ëproperlyââ¬â¢ act in it. When the Inspector comes in, his manner is completely different and, as we find out later in the play, his opinion of society too. He is reserved, inquisitive and not afraid to ask impertinent questions to those who may be of higher social ââ¬Ëstandingââ¬â¢ than himself. Even more significance is shown later on in the play when the characters of Mr. Birling and that of the Inspector are found to be polar opposites. The set for ââ¬Å"An Inspector Callsâ⬠Source: Wiki Commons Whenever you refer to text in the book, remember to put in the page number so that the examiner knows you are not ââ¬Å"making it up. â⬠It also shows you have more confidence in the points you are writing about. In his notes J. B. Priestley describes Inspector Goole as ââ¬Å"a big manâ⬠but ââ¬Å"creates an impression of massiveness, solidity and purposefulness. â⬠(p. 11). The stage directions repeatedly show him ââ¬Å"cutting through, massivelyâ⬠(p. 12), ââ¬Å"massively taking chargeâ⬠(p. 28), ââ¬Å"with authorityâ⬠(p. 34), ââ¬Å"cutting in, sharplyâ⬠(p. 45). The director should take advantage of these stage directions and use them to make him seem larger than life and in full control of the situation in order to mimic the ââ¬Å"characterâ⬠of Inspector Goole, Goole behaves like a police inspector in that he remains in control, he dominates the other characters including Mr. and Mrs. Birling, who are used to dominating others and being obeyed: ââ¬Å"(As Birling tries to protest, turns on him) Donââ¬â¢t stammer and yammer at me again, man. Iââ¬â¢m losing all my patience with you peopleâ⬠He has no respect for them and this comes as a shock to the Birlings who are very highly respected throughout society, Mr.à Birlings only reply being, ââ¬Å"what did he say? â⬠, after this outburst Mrs. Birling is ââ¬Å"rather cowed. â⬠Aside from a few uncontrolled outbursts, Goole is constantly calm and unruffled and speaks ââ¬Å"firmlyâ⬠(p. 51) and ââ¬Å"imperturbablyâ⬠(p. 31). Goole is unusual and intriguing, however, in that he makes his close, personal feelings known to the Birlings. He represents Priestleyââ¬â¢s moral view, the moral dimension of allowing others to see they can find forgiveness though future good behavior makes him different from a normal police inspector because he is more concerned with morality rather than legality. Furthermore he is outraged and disgusted about what has been done to Eva Smith and he lets the Birlings know this throughout the play, ââ¬Å"She died in misery and agony hating lifeâ⬠(p28). His language is sometimes blunt, deliberately harsh and he defies Birlings attempts to rebuke him. Goole reminds Mr. Birling that he has responsibilities, ââ¬Å"Public men, Mr. Birling, have responsibilities as well as privilegesâ⬠(p. 41), this shows Gooleââ¬â¢s feelings towards the upper class which we learn a lot more about further on in the play. Goole is also unintimidated when Mr. Birling tries to worry him by telling him that Colonel Roberts is ââ¬Å"an old friend of mine. â⬠(p. 16). The inspector, however, is unaffected and continues determinedly, refusing to be misled or diverted form his aim: to get each person to admit their part in Evaââ¬â¢s death, ââ¬Å"itââ¬â¢s the way I like to work, ââ¬Å"One person and one line of enquiry at a time. â⬠(p. 12). It is because of his unusual qualities that the audience is led to suspect that Goole is not a normal police inspector. The Birlings also come to a similar conclusion and Mr. Birling and Gerald believe the whole affair to be a hoax. The audience is not so sure and we are left to reconsider when the phone call at the end of the play suggests the real inspector is about to arrive. This leaves us with the question that if the inspector isnââ¬â¢t real, then who is he? J. B. Priestley was very clever in the way he created the character of the inspector, he used Goole as a ââ¬Å"toolâ⬠to represent his strong moral view of society and the way people think and do things. Priestley had strong socialistic views, and firmly believed that ââ¬Å"we are all members of one body,â⬠he saw the world as a community where everyone should be helping each other. An Inspector Calls is an informative play with a clear moral and political message which Priestley wanted the audience to accept. He effectively used Goole to voice the views he had. Mr. Birling says the inspector was ââ¬Å"probably a socialist or some sort of crank- he talked like oneâ⬠(p. 60) This tells us a lot about what message Priestley was trying to give to the audience as he himself was a socialist. Before the inspector tells us we are all links in the chain and we should look out for each other, the audience sees enacted before us exactly what might happen if we choose to ignore this view of society. Each of the Birlings is a link in the chain of events that lead to Eva Smiths suicide, even Gerald who has only just recently been engaged to Sheila. When Priestley, quite suddenly, reveals exactly how all the Birlings and Gerald are interconnected in Eva Smithââ¬â¢s suicide, he communicates immediately his message that: ââ¬Å"We donââ¬â¢t live alone. We are members of one body. We are responsible for each other. â⬠This sudden revelation is very effective because it makes the audience themselves aware that even they could have brought about similar tragedies without even knowing it, or at least become aware that there are ââ¬Å"Millions and millions and millions of Eva Smiths and John Smiths still leftâ⬠, meaning that there are a multitude of people in the world to whom similar circumstances have transpired, people that are so often forgotten in modern society, the audience suddenly becomes aware of these people, a revelation no doubt infinitely given weight and significance by the sudden manner that the Birlingââ¬â¢s involvement with Eva Smith is made clear. Furthermore, this rather socialist concept and the fact that if it is ignored, ââ¬Å"the time will soon come when, if men do not learn this lesson, then they will be taught it in fire and blood and anguish. â⬠is very relevant since An Inspector Calls was released in 1945, the end of the Second World War, therefore much of the original audience might have been able to identify with the ââ¬Å"fire and blood and anguishâ⬠because of the rather turbulent past six years. As can be seen, Priestley uses Eva Smith as a representative character type for the forgotten of society, the millions of individuals who are ignored and shunned through a series of misfortunes, disdain from others and more likely a lack of capital or means of support, generally ââ¬Ëdown and outsââ¬â¢. The fact that a World War had just ended also emphasises the pain and anguish these ââ¬ËSmithsââ¬â¢ suffered and are still suffering. Additionally, the fact that this could happen to anyone, even the very fact that it did happen, gives weight to Priestleyââ¬â¢s views about looking out for each other, since a series of arguably negligible things lead the horrific suicide of a young girl. The Inspector as the questioner is a device used by Priestley to both convey his ideas about society and to build up dramatic tension, to make the play intriguing to the audience. One way in which he does this is the way in which he contrasts with Mr. Birling. Mr.à Birling is extremely confident and, some would say, arrogant at the beginning of the play, dismissing the possibility of a war based on his belief in progress an, ultimately, greed: ââ¬Å"Nobody wants war except for some half-civilized folks in the Balkansâ⬠, ââ¬Å"The worldââ¬â¢s developing so fast that itââ¬â¢ll make war impossibleâ⬠which, as the audience discovers later, contrasts strongly with the Inspectorââ¬â¢s own views. Also, the Inspector arrives just after Mr. Birling had finished giving his ââ¬Ëgood adviceââ¬â¢ to Gerald and Eric, that ââ¬Å"A man has to mind his own business and look after himself and his ownâ⬠. The dramatic timing here is obvious, and the two characters continue to contrast throughout the play. The Inspectorââ¬â¢s character gains weight, charisma and power, and therefore tension is built, throughout the play. The Inspector belittles and erodes the confidence of Mr. Birling, a man that is supposedly a powerful figure, and he is brought first to self-justification in defense of his actions, then eventually to anxiety, and this too builds tension by making the audience realise the Inspector as a formidable character, his power is such that they wonder what he will do next, what his next line of enquiry will be. One other obvious way tension is built is the way in which gradually the characters are all found to have played a part in the alleged murder of Eva Smith, though the separate showing of the photograph to each character. Obviously, if all the characters had been shown the photograph there would have been little if any dramatic tension and not much of a plot either. Finally, dramatic tension is built up through the use of dramatic irony. The audience instantly knows that Mr. Birling is wrong and his awe misguided when he talks of the Titanic: ââ¬Å"TheTitanicâ⬠¦ orty six thousand eight hundred tones ââ¬â New York in five daysâ⬠¦and unsinkableâ⬠. We also know he is fatally inaccurate when talking of war: ââ¬Å"Just because the Kaiser makes a speech or two, or a few German officers have too much to drink and begin talking nonsenseâ⬠¦youââ¬â¢ll hear some people say that war is inevitableâ⬠. This gives the audience and advantage over the characters and espec ially Mr. Birling, which also builds tension because it makes the audience more involved by them being in possession of knowledge that the characters are not. Priestleyââ¬â¢s decision to set his play in 1912 when it was written in 1944 is an interesting one. He does this for a number of reasons. For example, in Act 1, the beginning of the play, talks about how war is impossible ââ¬Å"The worldââ¬â¢s developing so fast itââ¬â¢ll make war impossibleâ⬠. Before the arrival of the Inspector, Mr. Birling also states: ââ¬Å"In twenty or thirty years timeâ⬠¦in 1940â⬠¦you may be giving a party like thisâ⬠¦by that time youââ¬â¢ll be living in a world thatââ¬â¢ll have forgotten all these Capital versus Labour agitations and all these silly little war scares. Thereââ¬â¢ll be peace and prosperity and rapid progress everywhereâ⬠The audience, of course, knows this to be untrue. In 1940 the Second World War was raging and after the war there most certainly was not ââ¬Å"progress everywhereâ⬠and ââ¬Å"Capital versus Labour agitationsâ⬠were rife, especially in Eastern Europe where Labour (Communism) was taking hold and there would be the long lasting stand off known as the Cold War between Capitalism and Communism for many years to come. This quote, and many other extraordinary pearls of ignorance on the part of Mr. Birling, makes the audience again more involved in the play because they know more than the characters. This also gives the Inspector more credibility because he contrasts so much with Mr. Birling. The setting of the play also allows for the Inspector to better deliver his message. Priestley uses the Inspector to communicate his ideas of socialism and social equality, and when near the end of the play he states: ââ¬Å"We donââ¬â¢t live alone. We are members of one body. We are responsible for each otherâ⬠¦And the time will soon come when, if men will not learn that lesson, then they taught it in fire and blood and anguishâ⬠The timing is crucial. Priestley communicates his message very well by setting the play in 1912 because two years later, The Great War, or World War One, occurred, and in 1939 a Second World War occurred. The ââ¬Å"Fire and blood and anguishâ⬠almost certainly refer to these wars, in which millions of lives were lost because, arguably, nations were acting like Mr. Birling, with greed, and ignorance to the ââ¬Å"Eva and John Smithsâ⬠of the world. I believe An Inspector Calls to be a very effective play indeed. JB Priestley communicates his ideas and beliefs of social equality and collective responsibility through his character, Inspector Goole, who with the help of other characters in the play, shows the audience just what can happen if one chooses to ignore others and deny responsibility for oneââ¬â¢s own actions and their consequences. In my opinion, the showing of the photograph of Eva Smith to only one character at a time is an extremely effective way of progressing the play, ensuring smooth continuity, because it is subtle. It is probable that the audience does not, and did not, notice the possibility that the characters were being shown different photographs. So in this way, JB Priestley makes the characters believe, makes them know, that they are each implicated in the suicide of a young girl. Subsequently, when the characters realise that the murder of the girl was not, in fact, their fault, the fact that Mr. Birling, after saying he ââ¬Å"would give thousands, yes thousandsâ⬠for Eva Smith to be alive again, celebrates again along with Mrs. Birling and Gerald Croft cements Priestleyââ¬â¢s ideas of socialism by making clear the spinelessness of the upper class, and making clear the social divide that exists. The very fact that the characters can brush off the responsibility if the murder and ignoring that each of them actually had treated the ââ¬ËEva Smithsââ¬â¢ badly is meant to shock the audience and in my opinion, this has, is and will work in JB Priestleyââ¬â¢s An Inspector Calls.
Sources of English Law
Sources of English Law By Christopher Richards 9/11/09 Executive Summary In this report I will be discussing the English Legal System, its structure and its primary sources. English law and its legal structure forms the basis of many countries common law legal system, this includes most commonwealth countries and the United States. English law falls into two broad categories: Civil law ââ¬â derived from Roman law, it is applied when ââ¬Å"wrongsâ⬠have been made against individuals; it is also know as a claim or an action. Criminal law ââ¬â first instrumented following the Norman Conquest of 1066, Its offences relate to ââ¬Å"wrongsâ⬠against property and, or persons which affects the whole community, it is often referred to as prosecution.. I will explain why the methods and tools of statutory interpretation are necessary for the correct implement of statutes and how judicial president formed the backbone of English common law. Introduction The English legal system stems from The Norman Conquest, William of Normandy invaded England in 1066 and upon successfully defeating his adversary he gained the crown of England. William formed the fist basic government ââ¬Å"The Kingââ¬â¢s Councilââ¬Å"(Magnum Concilium) comprised of Lords, Bishops, Barons and other trusted figures Whoââ¬â¢s advice which the monarch relied on. Introduced the separation of lay courts and church courts with a binding jurisdiction leading to church law i. e. : clergy were tried in there own courts. As the Monarch William owned all of England with lords, bishops and barons possessing land as tenants or sub tenants, this prompt the introduction of Feudalism of land tenure and judicial activity. Common lawâ⬠would be established by Judges discussing conduct and behaviour throughout the land, still at this point no legislation was ever written down. Further changes arise, these includes the advancement of ââ¬Å"Case lawâ⬠setting precedent through facts of similar cases that have already been decided so that it can be judged equally, additionally the hierarchy of binding precedents and court structure. Statutory Interpretation Some statutes have a vague or misleading words or phrases many with homonyms which can make the process of implementing the correct ruling a difficult one, A few areas to look at are a Broad term (words that are used to cover many possibilities), Ambiguity (were the word has two or more meanings and its not defining in which one should be used), a drafting error (an error that was made when drafting the bill or when it was amended), new developments (developments in technology means that old acts may not cover present day situations) and use of language( words that have changed in meaning over time), this is why statutory interpretation as a tool is so important, it allows judges to look at statutes and deduce the true reasoning behind it, there are three methods which are used to do this. Literal Rule This is the most commonly used construction and takes precedent over the following rules; it means to take words written into the statute literally in the sense that if the words are clear then they should be applied. The literal rules had been scrutinised by many lawyers, and said to be ââ¬Å"a rule against using intelligence in understanding language. Anyone who in ordinary life interpreted words literally, being indifferent to what the speaker or writer meant would be regarded as a pedant, a mischief-maker or an idiotâ⬠. An example of this is in the Hotel Proprietors act 1956, it provides that the hotel proprietor is liable for loss of or damage to guestsââ¬â¢ property, but does not extend to guest vehicles or property left ââ¬Å"thereinâ⬠, so does the proprietor fall liable to property left on, rather than inside the vehicle ? Interpreted literally yes, the proprietor is liable, because if the act had intended to exclude property left on a vehicle the act would have said ââ¬Å"therein or thereonâ⬠so great care must be applied when using this rule. The Golden Rule The golden rule is very much a modification to the literal rule, whereas instead of taking the literal meaning the courts will use a narrow or a wide approach of interpreting the word to avoid an absurd result. If the Narrow approach is applied it would usually be because the word themselves lead to an absurd result for example if there is a sign that say ââ¬Å"do not use lifts in case of a fireâ⬠interpreted literally it would mean ââ¬Å"to never use lifts, in case of a fireâ⬠which would lead to an absurd result but clearly it is to prevent people from using the lifts if there is a fire nearby. The wide approach is were the word has only one meaning but the meaning could result in a repugnant situation, the wider golden rule would be applied to modify the words in the statute to avoid an unfair result this is shown in the case Re Sigsworth (1935) A son had murdered his mother then committed suicide, The mother had not made a will and under the Administration of justice act 1925 the son would been entitled to her inheritance, the decision had to be made weather her inheritance was to passed onto the mothers family or her son, there is no ambiguity of the act so due to the circumstances the judge used to golden rule to favour the mothers family rather than the son benefiting from his crime. this rule is favoured by Lord Wensleydale in the case of Grey vs. Pearson (1857) he stated ââ¬Å"In construing statutes, and all written instruments, the grammatical and ordinary sense of the words is to be adhered to, unless that would lead to some absurdity or inconsistency with the rest of the instrument, in which case the grammatical and ordinary sense of the words may be modified, so as to avoid that absurdity or inconsistency, but not fartherâ⬠. The Mischief rule This third rule gives a judge more discretion than either the literal or the golden rule. This rule requires the court to look to what the law was before the statute was passed in order to discover what gap or mischief the statute was intended to cover. The court is then required to interpret the statute in such a way to ensure that the gap is covered. The rule is shown in Heydon's Case (1584), where it was said that for the true interpretation of a statute, four things have to be considered: 1. What was the common law before the making of the Act. 2. What was the mischief and defect for which the common law did not provide. 3. What remedy Parliament hath resolved and appointed to cure the disease of the Commonwealth. 4. The true reason of the remedy, and then the office of the Judges is to make such construction as shall suppress the mischief and advance the remedy. An example of the mischief rule in use is found in the case of Corkery v Carpenter (1951). In 1951 Shane Corkery was sentenced to one month's imprisonment for being drunk in charge of a bicycle in public. The defendant was drunk and was pushing his pedal bicycle along Broad Street in Ilfracombe. He was charged under section 12 of the Licensing Act 1872 with being drunk in charge of a carriage. The 1872 Act made no reference to bicycles. The court elected to use the mischief rule to decide the matter. The purpose of the Act was to prevent people from using any form of transport on a public highway whilst in a state of intoxication. The bicycle was a form of transport and therefore the user was correctly charged. Purposive approach This rule exceeds the mischief rule by not just looking for gaps in statutes but for judges to decide what parliament actually meant to achieve. One of the true supporters of this rule is Lord Denning, his attitude towards this rule is shown in the case of Magor and St Mellons v Newport Corporation (1950) ââ¬Å"We sit here to find out the intention of parliament and carry it out, and we do this better by filling in the gaps and making sense of the enactment than by opening it up to destructive analysisâ⬠This approach does have its drawbacks and many a judge has voiced its shortcomings saying that, should judges refuse to follow the clear words of parliament and how do they know what parliamentââ¬â¢s intentions were? Summary Statutory interpretation as tool is paramount, without it, statutes that were written 100 years ago just wouldnââ¬â¢t be able to be implemented unless statutory interpretation was used. It allows judges and Lords the flexibility to look into statutes and decide whether it is still fair to implement, to break down statues and to interpret how they were original intended, additional if bills hav e been written incorrectly the judge can use statutory interpretation to avoid absurd results and not make a mockery of the English Legal System. Rules of Language Eiusdum generis (of the same kind) In addition to the rules above, the courts also rely on rules of language to assist in statutory interpretation. Firstly, eiusdum generis Latin for ââ¬Å"of the same kind,â⬠used to interpret loosely written statutes. The general words are to be taken as referring only to those things of the same class as specifically mentioned e. g. ââ¬Ëcats and dogsââ¬â¢ does not include wild animals. There must be at least two specific words in a list before the general word or phrase for this rule to operate. (the phrase ââ¬Ëtheatre or other place of public entertainmentââ¬â¢ includes a funfair even though it was not of the same kind as theatres). Expressio unius est exclusio alterius (the mention of one thing excludes others) This is when one or more things of a particular class are mentioned but others may be silently excluded this can be seen in the case of Tempest v Kilner (1846) the court had to decide whether stock and shares were affected by the statutes of fraud 1677(which states that the contract of goods, wares and merchandise of the value of ? 10 or more must be evidenced in writing) but it was deemed that list of goods, ware and merchandise was not followed by general words(stocks and shares) and were not affected by the statute. Noscitur a sociis (a word is known by the company it keeps) This rule of language used by the courts helps interpret legislation, under which the questionable meaning of a doubtful word can be derived from it association with other words. This can be seen in the case Foster v Diphwys Casson (1887), this involved a statute which stated that explosives taken into a mine must be in a ââ¬Å"case or canisterâ⬠. Here the defendant used a cloth bag. The courts had to consider whether a cloth bag was within the definition. Under noscitur a socials, it was held that the bag could not have been within the statutory definition, because parliament's intention was referring to a case or container of the same strength as a canister. Intrinsic Aids are things inside the act which assist the judge to interpret or apply the law. Extrinsic Aids are things outside the act which assist the judges to apply or interpret he law. For example the judges can look at previous acts of Parliament and the historical setting. Judicial precedent A judicial precedent is a decision of the court used as a source for future decision making. This is known as stare decisis (stand upon decisions) and by which precedents are binding and must be followed. When new cases are brought to court for the first instance and there are no previous cases to base the judgement, this is called Original president. Binding precedent is where past judgements of a similar set of facts are implemented to help courts to keep cases fair by deciding the outcome based upon previous cases. The common law has been developed by passing down from precedent to precedent. In giving judgement a judge will state the law, set out the facts and then provide a decision , it is only the ratio decidendi (the legal reasoning for judicial decision)which is binding in later courts. Orbiter dicta (other things said) may be put forward in future cases but it is not binding, the difficulty is the separation of the two from past judgement as they are not usually listed separately. Judicial precedent is an important source of English law as an original precedent is one which creates and applies a new rule. However, the later decisions, especially of the higher courts, can have a number of effects upon precedents. In particular, they may be: â⬠¢ Reversed: where on appeal in the same case the decision is reversed, the initial decision will not continue to have any effect â⬠¢ Overruled: In a later case a higher court decides that the outcome of the first case was wrong. â⬠¢ Distinguished: where an earlier case is rejected, either because the material facts differ or because the statement of law in the previous case is too narrow to be properly applied to the new set of facts â⬠¢ â⬠¢ A refusal to follow: this arises where a court, not bound by the decision, cannot overrule it but does not wish to follow it so it simply refuses to follow the earlier decision â⬠¢ Explained: a judge may seek to interpret an earlier decision before applying it, so the effect of the earlier case is varied in the circumstances of the present case. Court hierarchy and structure In England and Wales there is a strict hierarchy of the court system, every court is bound by a decision made by a superior court in its hierarchy and appellate courts (courts that hear appeals) are generally bound by its own decision. Courts of first instance Is where the original case was heard, The ECJ, House of Lords, court of appeal and divisional courts do not hear any original cases as they only hear cases of appeal. European Court of Justice The ECJ is the highest court in the English Legal system; European law will be decided in this court and will be binding on the rest of the courts within its structure although some laws are unaffected by ECJ and the House of Lords is supreme. One important feature of the ECJ is that it can overrule its own past decisions if deemed necessary. House of Lords Is not bound by its own decisions and is the most senior national court, its decision bind all courts lower in its hierarchy. Court of appeal Is subsequently split into two divisions, civil and criminal, both are bound by superior courts (House of Lords and ECJ) generally they will follow past decisions of their own but some flexibility (more so criminal division) is accepted. Divisional court Decisions are bound by the ECJ, House of Lords and court of appeal and are also usually bound by its own decisions although some flexibility similar to that of the Court of appeal can be used. High court Decisions are always bound by courts higher than them but none below. All other courts below the High Court are bound by higher courts and will not set president in subsequent cases. [pic] Unknown author. The Court Structure of Her Majesty's Courts Service [online] Available at http://www. hmcourts-service. gov. uk/aboutus/structure/index. htm accessed 16/11/09 Use of Practice Statement Introduced in 1966, practice statements allowed the House of Lords to change a law and deviate from following earlier cases if they have been considered to have been wrongly decided. There is very little guidance when implementing therefore many judges have been reluctant to use it. The first instance of its use was in the Herrington v British Railways Board(1972) this involved the law of their duty and care owed to a child trespasser. In an earlier case Addie v Dumbreak (1929) the lords had decided that the land occupier is only responsible for the duty of care to injuries of child trespassers if the injuries were deliberate or reckless. In the herrington case the lords had decided that social and physical conditions had changed since 1929 and so should the law. Summary Judicial precedent is a crucial segment in English law, it has formed the backbone of common law by passing rulings from president to president, binding or none binding and has given Judges and lords the power to keep every case fair through binding president and in the eventuality of changes (social circumstances, politics, technology) it can use it to adapt and move with the times accordingly. ââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬â European Court of Justice
Friday, August 30, 2019
Analysis of Human Migration Essay
An Analysis of Human Migration Ever since humans learnt to grow crops as a steady source of food humans have migrated In search of conditions better suited to their needs and comforts. Although all of us but the 30-40 million that choose to live the nomadic life have abandoned that lifestyle and moved on to a more ââ¬Ëcivilizedââ¬â¢ modern era, migration still remains an option for those of us seeking to take residence In an alternate region of mother earth. The National Geographic Society [1] defines human migration as The movement of people from one place in the world to another for the purpose of taking up ermanent or semipermanent residence, usually across a political boundary. ââ¬Ë Migration Inside a landmass or political region Is called Internet migration and outside a physical or political border Is called external migration. For example Inside moving inside the continent of Australia would be internal migration but moving into a different continent overseas would be external migration. There are a variety of causes for migration, but they havent changed much through the years and remain fairly similar to the reasons our ancestors chose to migrate. These reasons can be categorized into two sections; these being push factors and pull factors. Push factors are reasons for leaving a region because of negative properties of the location and Pull factors are reasons for moving into a place because of positive properties of a location. Such factors can further be divided Into Environmental factors like climate, Political Factors Ilke war, Economic factors Ilke work, cultural factors Ilke education and utility factors like geographic location and socioeconomic status. Statistically speaking, the humans are extremely successful as a species. The 7 billionth human was born not long ago and the 10 billionth Is not far away, calculated to be born around the end of the century. The human race Is not only vast, we are also incredibly diverse and this is what defines us as a species. Meaning when we lost a part of our culture we lose a bit of what it means to be human. This brings us to one of the biggest drawbacks of migration, known as Cultural Extinction. Cultural extinction occurs when a family that Is part of a smaller culture migrates and the next generation of the respective family is only exposed to the native language and culture, since culture and tradition is only carried through families, the prospective bearer of this culture is burned out, ending a vein of this precious cultural blood. But our cultural diversity Itself poses a question. How Is It that we as a human race are so diverse in culture, and yet so similar? A research project named ââ¬ËThe Genographic project Was created by Spencer Wells for the purpose of answering this question and tracing human movement in prehistoric times. Even though the fields of palaeoanthropology and archaeology already enable us to access this Information, the Genographic project uses a newer method that allows us to find out how closely we are related to each other, enabling us to map out a family tree going back millions IOF4
Thursday, August 29, 2019
Milestone 2 Essay Example | Topics and Well Written Essays - 750 words
Milestone 2 - Essay Example However, even the best individual encounters circumstances where his/her ethical and moral standards are tested (Bowen, 2009). The Annie Dookhan lab scandal is at the peak of legal, moral and ethical misconduct necessitating an overhaul of the American criminal justice system to avert future injustices. Forensic science can reveal information regarding whether or not a crime was committed, who committed the crime, and what transpired during the crime (James et al., 2009). Mishandling, manipulating, or misinterpreting even one piece of evidence could destroy a personââ¬â¢s life or pervert justice. It is vital that forensic personnel allow evidence to speak for itself without manipulations or errors (Bowen, 2009). Most people trust that scientific analyses provide trustworthy proof regarding the interpretation of evidence, failing to consider that humans handle the evidence, a situation that puts the evidence at risk of contamination (Bowen, 2009). From the scene of the crime to the lab and all the way into the courtroom, forensic personnel should always display good ethical and moral character, while providing trustworthy, first class forensic service (Bowen, 2009). Dookhan is just a drop of water in the ocean of a corrupt criminal justice system whose sole selfish ambition is to reap huge out of crimes committed. In the process, guilty individuals are set free while the innocent are convicted. When someone falsifies reports, interferes with evidence, misguides investigators, and fabricates credentials as Dookhan did (Jacobs, 2013), it shows that the whole system tolerates unethical and immoral conduct. Moreover, the legal backgrounds are so weak that these blatant misconducts go unnoticed and not remedied. Dookhan is just but a sacrificial lamb. The real issue should be the identification of the legal loopholes that lead to such gross unethical and immoral behaviors in the criminal justice system. Prosecuting Dookhan will not
Wednesday, August 28, 2019
The Stone Angel Hagars objective moment Essay Example | Topics and Well Written Essays - 250 words
The Stone Angel Hagars objective moment - Essay Example On the one hand, her fighting spirit is a great attribute in her life, and on the other hand, her pride in her early years has been a problem for her while managing the changes that take place in course of a life time. Looking at the life of Hagar Shipley in this book, the most objective moment in her life was the one when a stubborn and proud Hagar is broken at the hands of poverty. The moment where she realizes that she is no more the all important wealthy person but just another woman who does not have any money, is the most objective moment. In this moment, Hagar who has been stubborn all her life and whose heart has been full of pride, has gone back to the ââ¬Å"Curriesâ⬠General store. This was the store once opened by her father and thus she was confident she can get a credit from this store. However, by the time she meets the manager, instead of requesting a credit, she just begs for a loaf, to feed her kids and herself. She was dressed poorly as she could not afford an ything fancier. The proud stubborn Hagar Shipley realizes her life has changed; sheââ¬â¢s not the same fancy wealthy person she once was with her family. She finally sees herself for the lower class old lady she has become. References: Laurence, Margaret.
Tuesday, August 27, 2019
The Modern Sovereign Essay Example | Topics and Well Written Essays - 500 words
The Modern Sovereign - Essay Example Political legitimacy depends not on how a government came to power, but only on whether it can effectively protect those who have consented to obey it; political obligation ends when protection ceases." (1) The word covenant also means agreement or an arrangement and in the modern age such as now, it is more practical to look at Hobbes's theory and on how it can be related to the way people live and or survive. The word "sovereignty" can also be connected to an old word which we also call "colonialism." Cheedy Jaja from the University of Florida explained this in her paper. She stated that Hobbes' colonialism also refer to the Sovereign as the one responsible for the protection of the people or groups included in the covenant (who also submitted themselves under the power of the sovereign for the purpose of protection) also has the responsibility for the distribution of materials that can sustain life. This distribution of materials to the people under his power may not be sufficient. According to Hobbes, (also explained by Jaja) this may lead again to a battle for goods or materials (possessions).
Monday, August 26, 2019
External Forces, Brand Strategy and Strategic Position Essay
External Forces, Brand Strategy and Strategic Position - Essay Example In present business environment, the competition had been likened to the battle zone where business rivals throw every manner of jibes to outdo another. It is normally said that the person who arrives first in the battle zone awaits opponents with much ease, and the one who comes later into the battle zone is often weary. It is on this backdrop that the business operations of Scribe Group often enter the market that is dominated by the big boys and competes on the complacency of other companies to win their share of the market and build their brand. To go out for war metaphorically requires strategy, and strategy in simple connotative term implies tactics that have been inculcated to outdo the opponent. The firm faces a number of external challenges myriad with internal dynamics. In understanding the Scribe Groupââ¬â¢s external forces, the Porters Five Forces Model provides a sufficient mechanism for the analysis. The model recognizes and evaluates five competitive forces that continually bombard and shape companies to allocate their industryââ¬â¢s level of competitiveness and hence understand the development of their strategies (Griffin, 2013). In the paragraphs that will ensue, this paper shall apply the Five-Forces Model for the Scribe Group. First, Barriers to Entry, which is high, the airline industry is synonymous with a high fixed cost required for business development. The Selling and administrative costs can be high within the industry, given the fact that Scribe Group enters into a market where there are already established names especially the advertising costs. The report shows that the combined pretax profit realized from rail and airlines in 2013 and 2014 are 90 and 112 respectively against a huge turnover in the same period of à £980 and à £1101 respectively. The huge difference in turnover and profit is the result of even a comparable larger selling and administrative costs.
Sunday, August 25, 2019
Communication in Organizations Essay Example | Topics and Well Written Essays - 500 words
Communication in Organizations - Essay Example Motivation: The structure of organizational goals, the feedback on the progress towards the attainment of these goals, and the fortification of the desired behavior all stimulates motivation and require communication. Emotional expression: Many employees interact generally with their work groups. This communication that takes place within the work group is a major source for the members of the group for expressing certain feelings such as of frustration and satisfaction (Bobo 18). Information: This information can be exchanged all the way through formal communication channels or informal communication channels. This function of communication in organizations enhances the process of decision-making (Robbins). Electronic Communication is a speedy and accurate transfer of information and cost efficient transfer services. Electronic databases and storage systems have significantly changed the process of gathering information for organizational purposes. Way that electronic communication has impacted writing in organizations is e-mail. Facsimile transmission is a more elegant form of electronic mail used in many businesses today (Munter).
Saturday, August 24, 2019
The Death Penalty Essay Example | Topics and Well Written Essays - 1000 words
The Death Penalty - Essay Example In 2000s, Texas was ranked as the leaders in death penalties across the nation. However, it is the Eighth Amendment in the U.S. Constitution which is the centre of all debates made on capital punishment, and which makes it impossible to come to a conclusion. It is clear that the Eighth Amendment prohibits ââ¬Ëcruel and unusualââ¬â¢ punishments, but the interpretations to this amendment are unclear and inconclusive. The courts have presented many interpretations in different cases and in general terms the word cruel means excessively brutal. This means that the punishments that are torturous come under this heading. The term unusual has a broader meaning and it refers to those punishments that are not usually associated with a common type of crime, but rather they are applied arbitrary in severe crimes. Another interpretation of this article is that punishments should be given proportionate to the seriousness of the crime committed. The article, according to some interpretations , prohibits life imprisonment for crimes such as shoplifting and theft. This is not because the punishment is cruel or unusual, but because it is not imaginable and acceptable for such a crime (Stearman 143). Under this article comes the issue of death penalty which has been addressed by the Supreme Court many times. The general definitions of the terms used in the article are considered by the Supreme Court quite often. Up till today, the court has never completely and clearly ruled out the use of death penalty as unconstitutional. The major issue regarding the amendment is the time period when it was written. The courts have often argued that the meaning of the eighth amendment can change over the time as society changes, modernization takes place and norms change. The amendment was made in 1700s and at that time whipping was considered and recognized as an acceptable punishment because of the society values. But these practises may not be applicable today due to the changes in th e values and cultures. Many times the court has addressed that death penalty hold the public support and can be used as a remedy for the serious crimes (Gardner 201). The Supreme Court has considered that the death penalty is not considered to be a cruel punishment for some serious crimes, however if it is ruled off if the application is unusual. The issue here is again the proportionality of the crime committed. Cases decided in 1972 and 1976 are the two major ones about the death penalty issue. The case of Furman v. Georgia was decided in 1972 which concluded that application of death penalty by arbitration and the disproportion seen in minorities are the factors that make death penalty unusual. In response to this decision, the death penalties in row were cancelled and there were no death penalties for about four years in the U.S. Because the courts did not rule the death penalty as unconstitutional, the state legislatures were free to make statutes for death penalties (Clear 543 ). The critics of the death penalty have ruled that it is commonly used as discriminatory against the minorities, ethnic groups etc. They argue that death penalty should be ruled off since long in the history they have been used against the minorities. This has been observed in U.S. and in other parts of the world too where death penalty is still applied. The critics argue that this is merely unconstitutional and it infringes the
Friday, August 23, 2019
Forensic Accounting Investigation Research Paper
Forensic Accounting Investigation - Research Paper Example 1). 1.2 Why is this issue? The purpose of using business intelligence in the organization is to identify and collect business data and to make better decision on various aspects of business including proper accounting practices. Business intelligence system will also help the business to make effective business decisions and the resultant financial gains besides facilitating business growth. Accurate information is nessaccery for taking efficient decision in the business. Business intelligence system would also help the business to get accurate and reliable data in the organization. ââ¬Å"Business Intelligence Solutions (BIS) lead to better business decision making through providing access to enterprise data for easy analysis against Key Performance Indicatorsâ⬠(Business Intel n.d., para. 2). Many organizations have become subjects of fraudent practices due to the lack of proper forensic accounting systems focusing on business intelligence. The research will help highlight thi s issue and evolve ways and means to counter the same. 1.3 What could this research shed light on? There have been a number of researches conducted on this topic. However there is still scope for conducting further research because it will identify the significance of business intelligence in order to take efficient decisions in the business. More over, with the passage of time and the advancement in technology, various aspects of business and accounting keep transforming. Therefore, fresh research will help in addressing the changes that occur due to the evolution. Prompt and accurate decisions are essential for meeting the competition efficiently and effectively. This research will high light the importance of business intelligence system in the organization and how it will help in locating frauds and misappropriations for safeguarding the interests of the shareholders involved. ââ¬Å"Business intelligence helps to improve customer service by identifying the frequent problems wit h each product and identifying potential solutionsâ⬠(Sabherwal & Fernandez 2009, p. 17). 1.4 Research Aims and Objectives: Depending on the purpose of this research the main aim will be: To identify areas where business intelligence can be deployed to co ordinate accounting activities effectively and efficiently. To take prompt and accurate decisions in the business. To make a co ordination among various departments in the organization. 1.5 Research questionsââ¬â¢ (1) How to make effective decisions? (2) How can delegate information among various department in organization? 1.6 Literature Review: For the purpose of this literature review, the analysis of the literature will begin by investigating from books, journals and scholarly articles. ââ¬Å"The literature broadly refers to information relevant to your topic of interestâ⬠(Literature Review: Academic Tip Sheet 2008, p. 2). Business intelligen
The Methodology ( primary and secondary research Data Analysis) - Assignment
The Methodology ( primary and secondary research Data Analysis) - Integrated industry project ( Benefits of Training and Development on employees and managers in ( Court - in UAE ) part 3 (Primary and - Assignment Example is expected that such officers must be at their very best in terms of their skills, acumen and ability to dispense fair and objective determinations or rulings. This is the reason as to why the court officers usually go for training and development programme so to improve their overall body of knowledge and skills. In retrospect, the employees of a Court in United Arab Emirates must also partake and share in the accumulation of knowledge accordingly. It is important to note and mention that the training and development endeavors and programme cannot be done in a blanket form. Instead, it would be done in a systematic approach and manner which would ensure that the training and development program meets the intended and desirable outcome in the long end (Al-Hamadi, Budhwar & Shipton, 2007, p. 101). This is to mention and imply that the training and development must be done in a way and manner that will target the right number of employees while at the same time give the employees the most relevant and articulate training possible. Tentatively, it is critical to align the training and development of the United Arab Emirates Court officials in a quantitative and qualitative manner. This is to imply that the crucial number of employees will be targeted while the most relevant and important form of training is given to them. A hypothetical case and example is such that the court clerks who usually take notes and record the court proceeding would be given trainings on how to use laptops and other modern electronic gadgets so as to help them type faster. Similarly the employees who are maintain the files may be trained and enlightened on safer method of record keeping using computer other than files and papers. In order to launch the training and development if the United Arabs Emirates Court officials, it is imperative and imperious to get the input of the people whose lives are directly linked to the courts or the form of trainings that would be used. The primary
Thursday, August 22, 2019
Children Act 1989 Essay Example for Free
Children Act 1989 Essay Task 1 links to learning outcome 1, assessment criteria 1.1. Produce an information sheet which outlines the following: à · the current legislation for home based childcare â⬠¢ the role of regulatory bodies. The two most important pieces of legislation covering home-based childcare are the Children Act (2004) and the Childcare Act (2006(. Children Act (2004) This influential piece of legislation which arose from ââ¬ËEvery Child Mattersââ¬â¢ and identifies five outcomes for all children: * Be healthy * Stay safe * Enjoy and achieve * Make a positive contribution * Achieve economic well-being These outcomes should underpin all practice of a childminder. Childcare Act (2006) This Act introduced the Early Years Foundation Stage (EYFS) curriculum into England and Wales, and place a statutory duty on the local authority to work towards ensuring the five outcomes set out in the Children Act (2004) are being met. Other relevant legislation of importance is: Equality Act (2010) The intention of this Act is to combine the fragmented discrimination legislation, bringing together the Sex Discrimination Act (1975), Race Relations Act (1976), and DDA (1995). Promotion of equal opportunities in all settings is essential, and relevant policies and procedures should be developed, monitored and assessed. Education Act (1997) This Act incorporates all previous Acts since 1944. It recognise the rights of parents regarding their childrenââ¬â¢s education and set a time frame on the legal process for identifying and assessing a childââ¬â¢s needs as set out in the Code of Practice. Public Health (Control of Disease) Act (1984), RIDDOR (1995) and Health Protection Agency Act (2004) All these legislations are focused on protecting peopleââ¬â¢s health, covering notification and exclusion periods for certain infectious diseases and reporting of certain accidents and incidents. OFSTED is the regulating body for England Wales. Ofsted is the Office for Standards in Education, Childrenââ¬â¢s Services and Skills. They report directly to Parliament and are independent and impartial. They inspect and regulate services which care for children and young people, and those providing education and skills for learners of all ages. Their aim is to promote improvement and value for money in the childcare services they inspect and regulate, so that all children and young people, parents and carers, adult learners and employers benefit. OFSTEDs job is to check places where children and young peopleare looked after the people who look after children and young people schools and colleges adult learning and training how teachers are trained
Wednesday, August 21, 2019
Analysis of the Use of Clinical Audits in Healthcare
Analysis of the Use of Clinical Audits in Healthcare Introduction The quality of health care system is important to patients and the Government. High level of quality patient care is the ultimate aim in current health care practices. Service providers wish to deliver quality health care. Patients are the appropriate authority to determine whether the experience of health care is good. Effectiveness of care pertains to treatment and support and helps us to judge whether staffs are, doing the right thing in a right way to achieve best clinical outcomes (Patel, 2010).Audit of services is therefore very important to ensure that the clinical practices are adhered to set professional standards and criteria. On the other hand health services are focusing on new information and knowledge for advanced clinical practice. Research is focused on this area in order to develop new practices and standards in health care system. Researches make changes to health care system by advancement of knowledge and practice. The aim of this paper is to identify the difference between audit and research and analyzing the benefits and limitations of audit. An overview of clinical audit. Audit derived from a Latin word, which means an official inspection of an organizations official accounts, by an independent body (Esposito Canton, 2014). Clinical audit is measuring the quality of patient care provided against a set well defines standards (Yorston Wormald, 2010). It gives staff a systemic way of looking into their practice and making improvements (Bennadi et al, 2014). Pioneer of clinical audit is Florence Nightingale whose work was searching reasons for high mortality in hospitals in 1850s. As per her assessment she reinforced cleanliness resulted in a drastic reduction in mortality rate. (Bennadi et al, 2010). Clinical audit Vs research Clinical audit and clinical research are entirely two different domains (Yorston Wormald, 2010). Clinical audit and research involves some common components. Hence, there is a great deal of controversy (Bennadi et al, 2014) in both terms. Audit compares the current clinical practice against well-defined standard/criteria, while research aims to define the characteristics of good practice on an unknown land (Esposito Canton, 2014). Audit focused on evaluating the existing practice; rather than discovering new information. Research is proven to be a larger scale study that aims at establishing new practices or procedures to carry out a particular task in a different method. The focus of research is further development of existing practice. However, audit is monitoring a task to determine whether a particular task has undertaken as per set standards or criteria. Audits check the quality of the task or procedure (Bennadi et al, 2014). Audit is generally undertaken on a local basis; how ever it is not limited to. (Hughes, 2005). Research aims to obtain new knowledge and to fill in any knowledge gaps. Research focuses on defining questions, making inclusion and exclusion criterias for people or problems to address and any developing clinical interventions or outcomes. Research methods for data collection and analysis that is applied are suitable to the topics for research (Strauss and Sackett, 1998, Hughes, 2005). Audit focuses on evaluating and analyzing the existing ones, not developing new practices (Difference between audit and research, 2014). But, research is aimed at developing new procedures to carry out in a more effective ways of carrying out. The focus on research is invention of new and further development of the old. The aim of an audit is to determine whether the standards and procedures are being followed and whether a task is completed properly. The aim of research is to add onto a body of research and to increase the amount of knowledge and learning available on a specific subject matter (Difference between audit and research, 2014). Also, unlike audits that measure tasks and procedures against a set out standard, research aims to test the hypothesis that is established by the researcher when beginning their experiments (Twycross Shorten 2014). Research considered as a broader field in the field of health. Research requires lot of education and training. Researchers undergo research education and training as a part of their university programme of study to gain the foundation to conduct a research (Hughes, 2005). In contrast, audit emphasized on areas, which needs improvement. Audit can undertake by anyone who is interested in a particular field and few receive education and training (Nettleton and Ireland, 2000). As per Hughess review, researchers involved in audit may benefit from approaches and techniques used to implement findings that could potentially serve to fill the research-practice gap. Equally, those involved in audit will benefit from sampling techniques in research that can help to improve generalisability. Some similarities are identified between audit and research despite their differences. Audit and research starts with a question, require data to answer questions, and systematic approach (Twycross Shorten 2014), also both needs an investigator (Abbasi Heath, 2005). Difference between clinical audit and research is showed in the below table, which was adapted from Bennadi et al, 2014 and Twycross Shorten 2014. Clinical audit Research 1 Audit uses comparison of current clinical practice Research uses experimental methods such as randomised control trials. 2 Uses simple descriptive statistics to describe current practice standards. Uses a range of statistics to make inferences. 3 Audit relates to a particular area of attention. Research can be generalized to other populations. 4 Audit measures how well current practices are carried out against clinical policies and procedures. Research provided evidences for clinical policies and procedures. 5 It is practice based. Research is theory based practice. 6 Ongoing process of quality assurance. One- off study. 7 No involvement of placebo treatment. May involve placebo treatment. 8 No changes involved in treatments of patients. Changes in treatment process. 9 Ethical approval is not required. Requires ethical approval. Benefits of clinical audit Audit conducted against set standards (Patel, 2010, Hughes, 2005) in a cyclic (Tsaloglidou, 2009, Hughes, 2005) process to ensure tasks carried out correctly. At the end of audit cycle auditors are able to address the areas of improvement and give feedback to the personnel who are involved in that particular task. Reaudit should carry out after an agreed period of implementing changes (Bennadi et al, 2014). Regular auditing alerts the health care professional the shortfall (Patel, 2010) in health care delivery system. Also helps us to find out whether staffs are practicing as per standards set by the organization to achieve therapeutic (Patel, 2010) patient care, identifies the factors causing failure to make improvements (Yorston Wormald, 2010). Therefore, organization can take actions to improve the area. Every time an audit cycle is completed there should be further improvement in patient care (Yorston and Wormald, 2010). Audit and feedback often used in health care setting to improve health care professional performance. Discrepancies in health care practices against set standards are highlighted in clinical audit that helps to identify the practices needed to improve for quality care (Esposito Canton, 2014). Tsaloglidou explains that the key for quality assurance and consistent delivery of high quality health services is the appropriate organization of the health center environment. The benefits of audit are apparent for health care professionals as it reduces frustration, reduces organizational and clinical error, improves communications between professionals and secures effective medical defense through risk avoidance (Tsaloglidou, 2009). An audit is not only a tool for monitoring change in clinical practice, but also an educational tool (Tsaloglidou, 2009). As the improvement of health care is a cost-effective procedure, audit is revealed to be a very useful tool in management Limitations of clinical audit Educational and training issue has a huge impact on carrying out an effective audit. Audit should not consider as a light work. It does require knowledge, experience and skills to perform effectively because auditing required to choose appropriate question, analytical method and to be undertaken in a sensitive (Hughes, 2010) way. In general, audit tends to be an activity that be undertaken by anyone without proper training and analytical skills with an aim to improve clinical practice. Nevertheless, it is very important for the staff member who will take on to implement the audit cycle to have proper training, supervision and protected time (Mercel et al, 2006). Bowie et al identified that lack of protected time to conduct a clinical audit is a major disadvantage for health care professional. They have to do it within their own allocated clinical time. Therefore, it can potentially affect direct patient care when allocating clinical time for auditing. It is not possible to justify leaving wards understaffed and underfunded to undertake audit unless instant results are attained (Esposito Canton, 2014, Ellis et al, 2000, Hughes 2005). Subsequently it causes additional workload on key staff members when undertaking an audit (Collis, 2006, Johnston et al, 2000). Lack of support from management to make audit related improvements and changes with the view of providing quality patient care. Inadequate organizational monitoring of auditing activities and progress is a barrier to make changes in patient care. It can lead to frustration and distress on auditors (Bowie et al, 2012, Hughes, 2005). Indirect situational factors influence the success of auditing such as lack of time and resources, lack of supervision, lack of support from management, conflict within multidisciplinary team, negative attitudes associated with audit process ((Travaglia Debono, 2009, Hughes, 2005). A systematic review of Cochrane study of 140 studies tested the effectiveness of clinical audit outcome against other methods of study such as meetings and distribution of printed materials. Results were variable. Audit outcome ranges from negative outcome to very positive effect. When the audit was effective, results range from small to moderate. Moreover, the study concluded that effectiveness of audit is likely greater, when baseline adherence to recommended practice is low. Therefore, there is no clear scientific evidence to support the real effectiveness of clinical audit (Esposito Canton, 2014, Ivers et al, 2014). Conclusion In general, clinical audit considered as an effective and cost effective method for continuous quality improvement even though there are numerous limitations. Therefore, it is important to pay more attention to clinicians having trouble in auditing and to determine what recommendations are made to make the audit more effective. In order to overcome the difficulties of audit, auditors need to be clear about the areas of clinical practice audited. In addition, it is very important to know the difference between audit and research to avoid inappropriate data collection while conducting an audit. Clearly, audit and research serve two distinctive purposes. References Abbasi, K., Heath, A. (2005). Ethics review of research and audit, BMJ, 330(7489), 431-432. doi: 10.1136/bmj.330.7489.431 Bennadi, D., Konekeri, V., Kshetrimayum, N., Sibyl, S., Reddy, V. (2014). Clinical audit a literature review, Journal of international dental and medical research, 7 (2), 49-55.Retrieved from http://www.ektodermaldisplazi.com/journal.htm. Difference between audit and research (2014), Audit vs research, retrieved from http://www.differencebetween.com/difference-between-audit-and-vs-research/ Esposito, P., Canton, A.D. (2014). Clinical audit, a valuable tool to improve quality of care: General methodology and applications in nephrology, World journal of nephrology, 3(4), 249-255. doi: 10.5527/wjn.v3.i4.249. Hughes, R. (2005). Is audit research? The relationships between clinical audit and social research, International Journal of Health Care Quality Assurance, 18(4), 289-299. doi: 10.1108/09526860510602550. Mercel, S.W., Sevar, K., Sadutshan, T.D. (2006). Using clinical audit to improve the quality of obstetric care at the Tibetan Delek Hospital in North India: a logitudinal study. Quality health care, 3(4), 1-4. doi:: 10.1186/1742-4755-3-4 Nettleton, J. Ireland, A. (2000). Junior doctors views on clinical audit. Has anything changed?, International Journal of Health Care Quality Assurance,13(6), 245-53. Retrieved from careers.bmj.com/careers/advice/Quality improvement. Patel, S. ( 2010).Iidentifying best practice principles of audit in health care, Nursing standard, 24 (32), 40-48. Retrieved from journals.rcni.com/doi/pdfplus/10.7748/ns2011.01.25.19.51.c8271. Travaglia, J., Debono,D. ( 2009) Clinical audit: a comprehensive review of the literature, Centre for Clinical Governance Research, University of New South Wales, Sydney Australia . Retrieved from http://health.gov.ie/wp-content/uploads/2015/01/literature_review_clinical_audit.pdf Tsaloglidou, A. (2009). Does audit improve the quality of care, International journal of caring sciences, 2(2), 65- 72. Retrieved from http://www.internationaljournalofcaringsciences.org Twycross, A., Shorten, A. (2014). Service evaluation, audit and research: what is the difference?, Evid Based Nursing , 17(3), 65-67. doi:10.1136/eb-2014-101871 Yorston, D., Wormald, R. (2010). Clinical auditing to improve patient outcomes, Community eye health journal, 23(74), 48-49. Retrieved from www.cehjournal.org/article/clinical-auditing-to-improve-patient-outcomes.
Tuesday, August 20, 2019
Social Media And Gender
Social Media And Gender As the social media and the related activities are rapidly developing, the number of involved women users are more than the number of men now. Due to this fact, there are many possible changes that could be experienced within the future media. Advertising and media Companies have been said to use the same and outdate forms of ideology to understand their audiences. However, it becomes more and more challenging to keep using these outdate patterns. Due to the increasing trend of social media usage by women, social media such as newspapers, movies, magazines, social networking sites, would have a huge impact on the shaping of social patterns.(Thompson 2011) It is necessary to analyze some of the quotes that are related to the social media and the aspect of gender when viewing the issue of social media and how the gender influences media. It is also necessary to analyze the aspect of women taking charge of the media, the increasing popularity of social media, and the relationship between age, gender, and the social media. (Thompson 2011) In order to complete analyzing the influences between social media activities and the aspect of gender, it is helpful to not only consider the number of the social media users and the length of the time they spent on social media but also compare the modern social media with the previous media. As mentioned before, social media communication patterns has been shaping the ideology of audiences and also been shaped by the gender of users. Many media communication methods have very deep connection to the aspect of gender in different cultures. (Donald A. MacKenzie 1985) A reliable research study which is completed by Claude S. Fisher indicates that the telephone has for long had some gendered forms of connections, people widely held belief that females talk more as compared to men. Therefore, most of people believe the employers of telephone industry would prefer to choose women as their operators in this industry. What is more, the research study also indicates that young women were closely related to the trivial and extensive phone usage for pure social purposes. The research further indicates that, the usage of women and influence on computer development has actually been trivialized while there some of computers are designed to be masculine. (Fisher 1994) However, this res earch study does not explain for the large number of women who use the social networking sites through these masculine computers. In our previous review for these relates research studies, we believe the research studies which evaluate the aspect of gender group that dominated the social media and we also analyzed the factors behind that domination. There is another research study by the TIME group which evaluates the factors behind the fact that Pinterest belongs to women and Google belongs to men. This research study indicates that around 83% of the users of Pinterest were actually women, and approximate two-thirds of Google+ users are men.(Wagstaff 2012) This research study raises a question on whether this fact means the female users dominated the social media and male users have less impact on the media. (Dines 2002) According to the results of the this research study, the reason behind this surprising fact is that google+ has less female friendly form of content than Pinterest, and its functions are more focus on academic using purpose instead of social networking. Consider another research study conducted in the year 2006. The research study indicated that, there was a historic and also a contemporary form of evidence, which indicated current fears on online safety of the young girls, had historical antecedents, such as media tools that included phones. The research also indicated that, in many cases, the historic reactions eventually resulted into some form of restrictions for the usage of technology towards protection of girls from harm and the threat that could harm their innocence. The research study, however, did not indicate the level into which the same media platform was used to protect the vulnerable boy child from effects of threats, harm, predators, criminals, and molestation over the social media or any other technological platform. Men and women usually use the social networking services in different ways, purposes, and with different frequencies. Many of research studies have indicated that, a specific gender group tends to use the social networks more than others with different purpose. Therefore, it is advisable to understand the target users better and make the development of efforts toward the diversity group of gender users with various purposes. As been mentioned in the article The Social Media Gender Gap, been compared with male users most of female users usually make more purchasing decisions and spend longer time on the on-line shopping. Women seem to be more likely to tell their friends about their purchases. (Hoffman 2008) Due to this fact the female users is the major group where the advertisers could get more benefits from. A majority of these researchers still indicate that although both users group of gender use social media frequently, women still the ones that hold down the fort. (Hoffman 2008 ) A majority of experts indicate that the internet is certainly going to look pink in the future. This means that, the entire future of the social media and its relative activities are going to be all about gender-based. In the other words, the future social media will be women oriented. Some of these experts in the web development field encouraged the upcoming web developers to take women as their main target if these web developer have the desire to get more benefits from their upcoming business. It is very interesting to notice that different gender members always act differently when they are using online services to do their activities in their daily life, which are part of the social media tools such as on-line shopping, blogging, posting and sharing pictures etc. According to this fact, the Website could be considered as an extremely important and essential form of social medium. Hence, a successful Website design is actually all about how to succeeds to be fit into the diversity social groups and dynamic social ideology. Although men were traditionally viewed as the earlier main target of the technological development, women have became the group which stands at the forefront of the social media related activities. Another study thirteen million people and were trying to find out the actual way in which a majority of them were using the social media. As the results indicates that members of both gender were participants in the field of social media, it was very clear that women have the larger number of members than the male gender so far. As a result of the same, the next wave of innovative ideas that are linked to the social media is likely to target a greater number of women than that of men (Hoffman 2008). This will widen the gender gap of social media. The research study also indicates that young women are more likely to be active on the social sites such as My Space, Twitter, Facebook, and Flixster which are very significant forms to connect to and interact with these social media sites, which is more than young men. It is very obvious that men who are above age thirty years old and men who are married usually do not have time for social media, and most of those men who are under age thir ty show they are not willing to do so after they attain that age. With the exception of the LinkedIn users who have to friend everyone on the social sites for business and job hunting purpose, these men are never willing to hang out the social networking sites. However, in contrast to the same age and married women, joining the social networks one after another. In fact, the fastest growing division, is identified as the age groups between thirty five and fifty, especially the users on My Space. (Hoffman 2008) The future researchers could evaluate the new form of gender difference that exist, and the reasons of why these forms of difference exist. According to the Rapleaf study, it is very clear that young men usually spend more of their time on computers and have plenty of free time. However, there are many competitions for drawing attentions from them, especially from the online games like Legend and first person action games. It is evident that, a majority of these men who like playing such online or computer games, usually tend to play other casual games like gambling. Although most of gambling games are banned by these social networks, the majority men would tend to seek for substitution game which allow them to play and bet at same time. This is a factor that makes young men keep off the interaction with the social media. In contrast to the same age group, women group are actually a big supporters of the casual games, as well as the social media networks. Another fact is that, a majo rity of these young women actually spend massive times when they making efforts towards decorating their profiles on the social network sitesà ¢Ã ¢Ã¢â¬Å¡Ã ¬Ã ¢Ã¢â¬Å¾Ã ¢ pages. This study points out that although young men have the desire to participant in these games, they naturally tend to prohibit themselves to spend too much time on the games and feel they have the responsibility to going out and have social life in the real life. These nautically self-discipline come from their social ideology which has the potential to shape their lifestyle and behaviors. It is also worth noting that, whenever these men get married, they attach significantly less value to these social networking sites, while women still continue using these sites as a part of their daily life where they could share their moment of life with others. It can be concluded as men actually tend to view things in a more transactional manner as compared to women. (Hoffman 2008) That is the reason why a majority of married men dominated some of sites like linkeldln and google+ which are two of transactional forms of social media network sites. Men usually can only be attracted to media sites that assist them in either gathering more intelligence, making introductions, or do some gambling. It is expected that men want to keep on gravitating to the transactional sites including those that enable them gain the interaction with the world of sports, news, as well; as financial information. However, their disadvantage are some of those that are not attracting much efforts of expertise from the website developers, hence they are declining in terms of content, and then keeping men away from the media sites. As the result, the gap which is based on the transactional aspect tends to be wider gradually. Meanwhile, this would make female gender users to be in the forefront of using, and managing the social sites. Womenà ¢Ã ¢Ã¢â¬Å¡Ã ¬Ã ¢Ã¢â¬Å¾Ã ¢s behavior within the media suites is less transactional while it is more of relationship driven. Relationship building over the media network has been linked to certain a given category of the gender parity. Married women spend so much time over the media making new friends, sharing pictures with friends and relatives, communicating to their former friends, as well as treating their social network profiles as the home page for their entire families. We might experience massive jobs and hire of women to the social media world. Considering the significant importance that women serve to the social media industry, then it is absolutely amazing to see how a few female executives who exist in the companies and the different venture capital firms tend to dominate in term of performance. Since the social media have been identified to be too much into tune with the women, a majority of the male audiences will have to be increasingly seen as significantly less valuable as compared to the female ones. It is widely known that women normally spend more and also make more of purchasing decisions as compared to men. Women are also likely to tell their friends about the purchases, hence advertisers will always get some double benefits form the female consumers. The media, as well as a wide range of the adverting forms that are part of the social media, are becoming increasingly motivated to hire women to be in charge of the management processes in these firms due to their potential influence. Due to the various research studies that indicate that women are the most vibrant members in the usage of tools of mass media, there is a possibility that the very next wave of innovation is likely to target more women as compared to men. This should be done because of the fact that the gender gap that already exist on the social network and increasingly within all the social media is continuously widening. It is, however, advisable to have it in mind that male adoption is also growing as well. It wonà ¢Ã ¢Ã¢â¬Å¡Ã ¬Ã ¢Ã¢â¬Å¾Ã ¢t keep pace with expanding engagement amongst the female users. It is notable that since a majority of women use the media network in socializing, a single dollar spent marketing towards acquiring any female user happens to go a lot further as compared on a male user.
Monday, August 19, 2019
when plague strikes :: essays research papers
Overview of: ââ¬ËWhen Plague Strikesââ¬â¢ by James Giblin This book is separated into three main parts the Black Death, smallpox, and aids. This book gives facts of occurring diseases and the diseases from the past. This books content mainly took place in Europe and Asia when it gave facts dates and examples. It explains the nature and symptoms of diseases from long ago. The bubonic Plague mainly affects rodents, but fleas can transmit the disease to people. Once people are infected, they infect others very rapidly the disease struck and killed people with terrible speed. They called it "The Black Death" because of the black spots it produced on the skin. A terrible killer was loose across Europe, and medieval medicine had nothing to go against it. In five years twenty five million people were dead because of the Black Death. So many people had died that there were serious labor shortages all over Europe. The Black Death came in three forms, the bubonic, pneumonic, and septicemia. Each different form of plague killed people in a nasty way. All forms were caused by a bacterium called Yersinia pestis. The symptoms were enlarged and inflamed lymph nodes (around arm pits, neck and groin). The term 'bubonic' refers to the characteristic bubo or enlarged lymphatic gland. ââ¬Å"Victims were subject to headaches, nausea, aching joints, fever of 10 1-105 degrees, vomiting, and a general feeling of illness. Symptoms took from 1-7 days to appear. Bubonic plague is just the medical term for the Black Deathâ⬠(Giblin 11). Smallpox is a serious, contagious, and sometimes fatal infectious disease. There is no specific treatment for smallpox disease, and the only prevention is vaccination. The name smallpox is derived from the Latin word for ââ¬Å"spottedâ⬠and refers to the raised bumps that appear on the face and body of an infected person. Smallpox outbreaks have occurred from time to time for thousands of years, but the disease is now eradicated after a successful worldwide vaccination program. The last case of smallpox in the United States was in 1949. The last naturally occurring case in the world was in Somalia in 1977. Generally, direct and fairly prolonged face-to-face contact is required to spread smallpox from one person to another. Smallpox also can be spread through direct contact with infected bodily fluids or contaminated objects such as bedding or clothing. ââ¬Å"The first symptoms of smallpox include fever, malaise, head and body aches, and sometimes vomiting.
Sunday, August 18, 2019
Language in Shakespeares The Tempest Essay -- essays research papers
This essay will attempt to find out the type of language that Shakespeare has used to portray the hatred and utter spite Prospero evidently has over Caliban. The great number of offensive dialogue during the argumentative conversation between Caliban and Prospero will be commented on. During the conversation, many ill-disguised remarks of contempt are made by all three characters. This will be analysed further and the reasons and consequences of the exchange will be described. There are a great number of reasons for why Prospero and Caliban are not by any means on respectful terms, and the factors that have lead to this occurrence will be expressed in order to explain the spiteful nature of Prospero in particular. In the play ââ¬ËThe Tempestââ¬â¢, Prospero and Caliban are portrayed as two completely opposite characters with contradictory and clashing views. Prospero, who was the rightful heir to become duke of Milan before being cast away and the ââ¬Ëdeformed slaveââ¬â¢ Caliban are symbolic of opposite extremes, particularly in their roles in society and hierarchy. Prospero is a natural leader and is intellectually disciplined, while Caliban not only does not behave in this kind of manner, he seems to completely stand against it and ignore any order and is ââ¬Ëcapable of all illââ¬â¢ according to Prospero. Calibanââ¬â¢s careless, unethical nature, and being born as part of a ââ¬Ëvile raceââ¬â¢ is an immediately apparent reason for Prosperoââ¬â¢s hatred of him. Shakespeare quickly portrays the two characters as of clashing personalities during the passage, depicting Prospero as a person who emphasizes social lustre and class and uses his great intellect to onl y give others what he thinks they deserve. While Caliban is illustrated as an animalistic character, wi... ...can show his true contempt. In conclusion, the language Shakespeare uses to depict the hatred Prospero has for Caliban emphasises the separate backgrounds and values they share and the lack of understanding they have for one another. The fact that Prospero is heir to being duke of Milan and Caliban is the product of an unholy passion between the witch Sycorax and the devil, suggest opposing themes of backgrounds and therefore they share contradictory views of each others heritage and conduct. Therefore they stand against what the other values, causing a clash. The reader may feel that Prosperoââ¬â¢s contempt of Caliban is within reason, due to his attempted violation of Miranda, and the fact that Prospero has been hurt and betrayed by many in the past, and therefore has a great amount of vengeance he can share out due to the attachment he has with his fiery emotions.
Saturday, August 17, 2019
Divine Evil by Nora Roberts Essay
ââ¬Å"Divine Evilâ⬠is an interesting novel about crime and romance, written by the popular American author Nora Roberts. She is one of the worldââ¬â¢s most successful and best-loved novelists and has more than 201 million copies of her books in print. The book is about several murders that happened in a small town, called Emmitsboro and the people who were affected by them. In the beginning of the story, Clare Kimball, who was a sculptor, went back to her home-town Emmitsboro to rest from the big city and focus on her work. She hadnââ¬â¢t gone back there in years, due to her fatherââ¬â¢s suicide. She re-opened her fatherââ¬â¢s house to live in and started to get re-acquainted with the people from the town. She met Cameron Rafferty, who was the townââ¬â¢s sheriff. He was a smart and influential man. Cameron knew Clare from before ââ¬â they used to be intimate friends in high-school. She seemed really different to him now, more mature and established as an artist. Clare was really his type ââ¬â good-looking and well-off. Soon after Clareââ¬â¢s arrival, unpleasant things started happening in Emmitsboro. Carly Simon, a troubled fifteen-year old teenager, came up missing one evening. For months no one saw her , and her body wasnââ¬â¢t found. Almost at the same time another person was severely killed. His name was Biff Stokey, Cameronââ¬â¢s step-father. Cameron had lost his real father when he was ten years old. That was when his mother Jane remarried Biff Stokey. He was a loud and rough guy, who became a decent husband to Jane, but never really loved Cameron as his son. As Cameron grew older, him and Biff started being enemies. While investigating Biffââ¬â¢s murder, Cameron started to get involved with Clare emotionally and sexually. He met her assistant from New York, Angie LeBeau and her husband Jean-Paul. They had come to visit Clare for the weekend and check on her sculpting. Clareââ¬â¢s brother Blaire also came in town to visit his sister. All four of them were really concerned with Cameronââ¬â¢s investigation. The suspense in the book escalated when Clare almost crashed into a scared woman on the highway. Lisa was running away from two men in masks, who had chased her in the woods, after her car had broken down. Clare drove Lisa to the nearest hospital. After that she phone-called Cameron to report the crime. Soon after that the plot started unveiling itself. Cameron found a whole bunch of evidence in Biffââ¬â¢s basement that he used to be involved in something not legal. He found pictures of naked women, together with books on worshipping the devil. Similar type of satanic literature was found in Jack Kimballââ¬â¢s attic that no one in Clareââ¬â¢s family had destroyed for years. The investigation discovered the existence of a satanic cult in Emmitsboro. The cult consisted of men, who worshipped the devil. These man gathered late at night in the fields to chant and make human sacrifices. They were also allowed to rape women before they kill them. Biff Stokey was apparently one of their guys and they had sacrificed him.
Fdi Inindia Ananalysis on Theimpact of Fdi in Indias Retail Sector-
FDI in India: An analysis on the impact of FDI in Indiaââ¬â¢s Retail sector Submitted By: Subhajit Ray Department of Humanities and Social Sciences IIT Kharagpur Kharagpur-721302 1 Introduction: Initially the Indian policy makers were quite apprehensive about the flow of foreign capital into the economy. This can be attributed to the colonial past which saw large investments being made by their colonial rulers in the form of major infrastructure instruments like railways but only to make huge gains for themselves and sucking the host country of its resources.But currently the global economy has been witnessing an incessant form of economic growth characterized by the flow of capital from the developed world to the developing countries. During the 1990s Foreign Direct Investment (FDI) became the single largest source of external finance for the developing countries. When faced with an economic crisis during the same period the Indian policy makers had to open up the Indian market a nd accordingly India has been seeing a consistent increase in FDI inflows.Indian economy has been showing high growth rates in the post liberalization era. In the last fiscal year according to the Planning commissionââ¬â¢s data the Indian economy recorded a growth rate of 8. 6% and 8% in the year before. This is reason enough to call it a high performing economy. All Multi National Enterprises (MNEs) have been eyeing the Indian market ever since they have opened up. The policy makers have been vigorously pursuing the reforms program as they believe that high growth has been the resultant of economic liberalization.FDI has been seen as a dominant determinant to achieve high rate of economic growth because of the ease with which it can bring in scarce capital, triggers technology transfer and enhances the efficiency by increasing the competitiveness of the market. Also FDI as a form of policy instrument to raise capital is usually preferred over other forms of external finance beca use they are non-debt creating, non-volatile and their returns depend on the performance of the projects financed by the investors.FDI is successful in human capital formation, increases total factor productivity and efficiency of resource use. But such benefits are highly dependent on the policies of the host government. It is furthermore described as a source of economic development, modernization, and employment generation. Several factors both political and apolitical have led to a greater acceptance of FDI. The envisioned role of FDI has evolved from that of a tool to solve the crisis under the license raj system to that of a modernizing force of the Indian economy.In support of their endeavor the policy makers have often cited the example of the Chinese experience of achieving high growth rate through foreign direct investment. India has opened up its economy and allowed MNEs in the core sectors such as Power and Fuels, Electrical Equipments, Transport, Chemicals, Food Process ing, 2 Metallurgical, Drugs and Pharmaceuticals, Textiles, and Industrial Machinery as a part of reform process started in the beginning of 1990s. Currently FDI is also permissible in the Telecommunications, Banking, Insurance and IT sector. Currently there is huge debate going on about allowing FDI in retail.This paper aims to discuss the critical aspects of FDI in India, present a case study on the success of reforms in the telecommunications sector, analyze both sides of the arguments currently going on regarding FDI in retail and conclude with suggestive measures on the part of the government which can eliminate the negative effects of allowing FDI in Indiaââ¬â¢s retail sector. Assessing the impact of FDI on host economy- a review of various economic literatures: FDI inflow into the core sectors is assumed to play a vital role as a source of capital management and technology in countries of transition economies.It implies that FDI can have positive effects on a host economyâ â¬â¢s development effort (Caves, 1974; Kokko, 1994; Markusen, 1995; Carves, 1996; Sahoo, Mathiyazhagan and Parida 2001). It has been argued that FDI can bring the technological diffusion to the sectors through knowledge spillover and enhances a faster rate of growth of output via increased labour productivity. There have been a lot of empirical studies to assess the impact of FDI in developing economies and the results to this date have been found to be mixed.Many reports have questioned the positive effects of the FDI inflow in the host country. Some studies done earlier had found that FDI has a negative impact on the growth of the developing countries (Singer,1950; Griffin, 1970; Weisskof, 1972). Multinational Enterprises (MNEs) in the name of FDI may drive out the local firms because of their oligopolistic power, and also, the repatriation of profit may drain out the capital of the host country. The main argument in this regard was that the main component of FDI in less develop ing countries was in the primary sector.Then these primary products were exported to the developed nations and processed for import back to the developing nations and thus resulted in the host nations receiving a lesser value for their resources. Hanson (2001) argues that evidence that FDI generates positive spillovers for host countries is weak. In a review of micro data on spillovers from foreign-owned to domestically owned firms Gorg and Greenwood (2002) conclude that the effects are mostly negative. Lipsey (2002) takes a more favorable view from reviewing the micro literature which argues that there is evidence of positive effect.He also argues that there is need for more consideration of the different circumstances that obstruct or promote positive spillovers. Rodan (1961), Chenery and Strout (1966) in the early 1960s argued that foreign capital inflows have a favorable effect on the economic efficiency and growth towards the developing countries. It has been explained that FDI could have a favorable short-term effect on growth as it expands the economic activity. However, in the long run it reduces the growth rate due to dependency, particularly due to ââ¬Å"decapitalizationâ⬠(Bornschier, 1980).This is due to the reason that the foreign investors repatriate their investment by contracting the economic activities in the long run. FDI is an important vehicle for the 3 transfer of technology and knowledge and it demonstrates that it can have a long run effect on growth by generating increasing return in production via positive externalities and productive spillovers. Thus, FDI can lead to a higher growth by incorporating new inputs and techniques (Feenstra and Markusen, 1994). Aitken, et al. 1997) showed the external effect of FDI on export with example of Bangladesh, where the entry of a single Korean Multinational in garment exports led to the establishment of a number of domestic export firms, creating the countryââ¬â¢s largest export industry. Hu and Khan (1997) attribute the spectacular growth rate of Chinese economy during 1952 to 1994 to the productivity gains largely due to market oriented reforms, especially the expansion of the non-state sector, as well as Chinaââ¬â¢s ââ¬Å"open-doorâ⬠policy, which brought about a dramatic expansion in foreign trade and FDI.A study by Xu (2000) found a strong evidence of technology diffusion from U. S. MNEs affiliated in developed countries (DCs) but weak evidence of such diffusion in the less developed countries (LDCs). It concluded that in order to benefit from the technology transfer by the MNEs a country needs to achieve a basic minimum human capital threshold. A recent study by Banga (2005) demonstrates that FDI, trade and technological progress have differential impact on wages and employment.While higher extent of FDI in an industry leads to higher wage rate in the industry, it has no impact on its employment. On the other hand, higher export intensity of an indust ry increases employment in the industry but has no effect on its wage rate. Technological progress is found to be labor saving but does not influence the wage rate. Further, the results show that domestic innovation in terms of research and development intensity has been labor utilizing in nature but import of technology has unfavorably affected employment in India.The study by Sharma (2000) concluded that FDI does not have a statistically significant role in the export promotion in Indian Economy. This result is also confirmed by the study of Pailwar (2001) and the study also argues that the foreign firms are more interested in the large Indian market rather than aiming for the global market. The study by Sahoo and Mathiyazhagan (2003) also support the view that FDI in India is not able to enhance the growth of the economy.Though there is a common consensus among all the studies in the Indian context that FDI is not growth stimulant rather it is growth resultant. A study by Dr Maat hai K. Mathiyazhagan(2005) demonstrate that the flow of FDI into the sectors has helped to raise the output, labour productivity and export in some sectors but a better role of FDI at the sectoral level is still expected. Results also reveal that there is no significant co-integrating relationship among the variables like FDI, Growth rate of output, Export and Labour Productivity in core sectors of the economy.This implies that when there is an increase in the output, export or labour productivity of the sectors it is not due to the advent of FDI. Thus, it could be concluded that the advent of FDI has not helped to wield a positive impact on the Indian economy at the sectoral level. Thus, in the eve of India's plan for further opening up of the economy, it is advisable to open up the export oriented sectors so that a higher growth of the economy could be achieved through the growth of these sectors. 4 Foreign Direct Investment policy of India:Foreign direct investment policy of the government of India has been gradually liberalized. As early as in the year 1948 and 1956 (two industrial policy resolutions) government policy clearly reflected the need to supplement foreign capital and technology for rapid economic growth. The core objective of the foreign capital policy was that the control of industrial undertaking should remain in the Indian hands. However, the government had granted permission in certain cases for allowing establishment of exclusive foreign enterprises.Foreign capital was preferred in specific areas which bring in new technology and establish joint ventures with Indian partners. Government also granted tax concessions to foreign enterprises and streamlined industrial licensing procedures to accord early approvals for foreign collaborations. In the case of 100 per cent export of output, foreigners were allowed to establish industrial units. It needs to be noted here that under the Foreign Exchange Regulation Act (FERA) 1974 only upto 40 per ce nt of the equity holding of the foreign firms were permitted.Foreign investment was permitted under designated industries along with restrictions in terms of local content clauses, export obligations, promotion of R and prohibition by law the use of foreign brands (Hybrid domestic brands were promoted such as Ford Escort and Hero Honda). It needs to be pointed out here that the restrictions have been flouted frequently and relaxations were also granted. This process has culminated into gradual liberalization of government policy towards foreign capital.It is reflected in continuous increase in the number of approvals granted. During the period 19611971, the number of foreign collaborations approved was 2475 which were increased to 3041 during the period 1971-1980. There was dramatic increase in the foreign collaboration approvals during the period 1981-1990 (7436 collaborations were approved). This policy enabled to build domestic technological capability in many branches of industr y but generally considered very restrictive.It has been widely accepted that protection of domestic industry for a longer period of time resulted into high cost production structure along with poor quality. Foreign direct investment policy announced by the government of India in July 1991 was regarded as a dramatic departure from the earlier restrictive and discretionary policy towards foreign capital. The FDI policy of 1991 proposed to achieve objective of efficient and competitive world class Indian industry. Foreign investment was seen as a source of scarce resource, technology and managerial and marketing skills.The major feature of policy regarding foreign investment up to 51 per cent of equity holding was permitted too. Automatic approvals were also allowed to foreign investment up to 51 per cent equity in 34 industries as well as to foreign technology agreements in high 5 priority industries. The Foreign Investment Promotion Board (FIPB) was set up to speedily process applica tions for approvals of the cases which were not covered under the automatic route. Laws were amended to provide foreign firms the equivalent status as the domestic ones.Government of India, however, put in place the regulatory mechanism to repatriate payments of dividends through Reserve Bank of India so that outflows are balanced through export earnings during stipulated period of time. Further liberalization measures with regard to foreign investment were taken during 1992-93. The dividend balance conditions were revoked except in the case of consumer goods industries. Non Resident Indian (NRI) and Overseas Corporate Bodies (OCB) were permitted in high priority industries to invest up to 100 per cent equity along with repatriation of capital and income.Apart from expansion of the area of operation for FDI in many new economic activities, the existing companies were also allowed to increase equity participation up to 51 per cent along with disinvestment of equity. Foreign direct in vestment policy has been changed frequently since 1991 to make it more transparent and attractive to the foreign investors. FDI up to 100 per cent is allowed under automatic route for all sectors/activities except activities that attract industrial licensing, proposals where foreign investors had an xisting joint venture in same field, proposals for acquisition of shares in an existing Indian company in the financial sector and those activities where automatic route is not available. The only sectors/activities where FDI is not permitted are agriculture and plantations excluding tea plantations, real estate business (excluding development of townships, housing, built up infrastructure and construction development projects-NRI/OCB investment is allowed for the real estate business), retail trade, lottery, security services and atomic energy.Government has simplified procedure, rules and regulations on a regular basis since 1991 to make Indian economic environment foreign investor fri endly. Attempt has been made through FDI policy to make India the hub of global foreign direct investment as well as in economic activities. Trend and Dimension of FDI inflow in India: The dimensions of the FDI flows into India could be explained in terms of its growth and size, sources and sectoral compositions. The growth of FDI inflows in India was not significant until 1991 due to the regulatory policy framework.It could be observed that there has been a steady build up in the actual FDI inflows in the post-liberalization period (Figures 1. 1 and 1. 2). Actual inflows have steadily increased from US $ 143. 6 million in 1991 to US $ 37763 million in 2010. This results in an annual average growth rate close to 6 per cent. However, the pace of FDI inflows to India has definitely been slower than some of the smaller developing countries like Indonesia, Thailand, Malaysia and Vietnam.In fact, India had registered a declining trend of FDI inflows and the FDI- GDP ratio especially in 1 998 and 2003 could be attributed to many factors, including the US sanctions imposed in the aftermath of the nuclear tests, the East Asian meltdown and the perceived Swadeshi image different political parties, which was 6 ruling government during this period in India. It is also important to note that the financial collaboration has out numbered the technical collaboration over the years. But since 2006 India has seen a remarkably higher growth of FDI in accordance with the general trends of the global conomy with a slight dip in the year 2009-2010. This can be attributed to the recessionary situation in the global economy. In recent years, Indiaââ¬â¢s share in the global FDI inflows has increased substantially. Year wise FDI inflow in the post reforms era (1990-2001) 1999-2000 2439 1998-1999 1997-1998 1996-1997 FDI 1995-1996 1994-1995 1993-1994 1992-1993 0 1000 2000 3000 4000 US $ MILLIONS Figure 1. 1 Year 1992-93 1993-94 1994-95 1995-96 1996-97 1997-98 1998-99 1999-00 FDI 393 6 54 1374 2141 2770 3682 3083 2439 7 However, China receives a greater percent of global FDI inflows.Indiaââ¬â¢s effort have not yet realized in comparison to the changes which has been made in the FDI policy. Year wise revised FDI inflow since 2000-2001 with expended coverage to approach International Best Practices. 2009-2010 2008-2009 2007-2008 2006-2007 2005-2006 FDI 2004-2005 2003-2004 2002-2003 2001-2002 2000-2001 0 10000 20000 30000 40000 US $ MILLIONS Table 1. 2 Year 200001 200102 200203 200304 200405 200506 200607 200708 200809 200910 FDI 4029 6130 5035 4322 6051 8961 22826 34835 37838 37763 Capital goods sector has more or less been bypassed by FDI.This clearly points out the tendency of foreign investment to exploit the pent up domestic demand 8 for consumer durable goods. Further more, there is a gradual increase in the mergers and acquisitions during the 1990s which show a tendency of FDI inflows to acquire existing industrial assets and managerial control without actu ally engaging in new productive activities (Nagraj, 2006). Indiaââ¬â¢s large size of domestic market seems to have been the major attraction for foreign firms. SHARE OF TOP INVESTING COUNTRIES FDI EQUITY INFLOWS Others France Germany Cyprus Country Japan Netherlands U. K U. S. A. Singapore Mauritius 0 10 2 2 4 4 9 % 4 5 7 9 42 20 30 40 50 %age to total Inflows (in terms of US $) The analyses of the origin of FDI inflows to India show that the new policy has broadened the source of FDI into India. There were 86 countries in 2000 which increased to 106 countries in 2003 as compared to 29 countries in 1991 whose FDI was approved by the Indian Government. The country-wise analysis of the FDI inflows shows that Mauritius, which was not in the picture till 1992, is the highest contributor of FDI to India. A major share of such investment is represented by the holding companies of Mauritius set up by the US firms.It means that the investment flowing from the tax havens is mainly the inv estment of the multinational corporations headquartered in other countries. Now an 9 important question arises as to why the US companies have routed their investment through Mauritius. It is because, firstly, the US companies have positioned their funds in Mauritius, which they like to invest elsewhere. Secondly, because the tax treaty between Mauritius and India stipulates a dividend tax of five per cent, while the treaty between Indian and the US stipulated a dividend tax of 15 per cent (World Bank, 1999).Telecommunications Sector- A success story: Further narrowing of FDI in sub-sectors reveals the success story of the telecommunications sector. Research into Telecommunications furthers the haphazard nature of FDI investment and policy making. The current process for FDI in telecommunications can be attributed to two policies that were undertaken by the government: National Telecom Policy of 1994 and New Telecom Policy of 1999. Before the economic reforms ââ¬Ëteledensityâ⬠⢠was low, infrastructure growth was slow, and the lack of reforms restricted investments and adoption of new technologies.The existing legislative and regulatory environment needed major changes to facilitate growth in the sector. It was 1991 when the programme was undertaken to expand and upgrade Indiaââ¬â¢s vast telecom network. The programme included: complete freedom of telecom equipment manufacturing, privatisation of services, liberal foreign investment and new regulation in technology imports. Simultaneously, the government-managed Department of Telecommunications (DoT) was restructured to remove its monopoly status as the service provider.The government programme was formalised on a telecom policy statement called National Telecom Policy 1994 on 12 May 1994. However the 1994 policy was not sufficient to make the Indiaââ¬â¢s telecommunications sector fully open and liberalised. The incumbent monopoly (DoT) was indifferent in implementing the national telecom policy e ffectively due to its lack of commitment. This paved the way for designing a new policy framework for telecommunications which was called the New Telecom Policy 1999. The New Telecom Policy 1999 (NTP99) was developed after the reform process began in 1991.The interest of the government led to the new policy. As a result in addition to the sectoral caps, the government policy played a major role in the liberalization of the telecom sector. As a result a large number of private operators started operating in the basic/mobile telephony and Internet domains. Teledensity has increased, mobile telephony has established a large base, the number of Internet users has seen a steep growth, and large bandwidth has been made available for software exports and IT-enabled services, and the tariffs for international and domestic links have seen significant reductions.Total FDI in Telecommunications sector is over US $ 15 billion. The takeover of Hutch by Vodafone is one of the largest FDI deals fo r an amount of US $ 11 billion. Tariff 10 rates are the lowest in the whole world and there are more than 250 million users. The Retail sector in India: The retail industry in India is one of the fastest growing. Even without FDI driving it, the corporate owned retail sector is expanding at a furious rate. AT Kearney, the well-known international management consultancy, recently identified India as the ââ¬Ësecond most attractive retail destinationââ¬â¢ globally from among thirty emergent markets.It has made India the cause of a good deal of excitement and the cynosure of many foreign eyes. With a contribution of 14% to the national GDP and employing 7% of the total workforce (only agriculture employs more) in the country, the retail industry is definitely one of the pillars of the Indian economy. . Trade or retailing is the single largest component of the services sector in terms of contribution to GDP. Its massive share of 14% is double the figure of the next largest broad ec onomic activity in the sector.The retail industry is divided into organised and unorganised sectors. Organised retailing refers to trading activities undertaken by licensed retailers, that is, those who are registered for sales tax, income tax, etc. These include the corporate-backed hypermarkets and retail chains, and also the privately owned large retail businesses. Unorganised retailing, on the other hand, refers to the traditional formats of low-cost retailing, for example, the local kirana shops, owner manned general stores, paan/beedi shops, convenience stores, hand cart and pavement vendors, etc.A simple glance at the employment numbers is enough to paint a good picture of the relative sizes of these two forms of trade in India ââ¬â organised trade employs roughly 5 lakh people whereas the unorganized retail trade employs nearly 3. 95 crores. Given the recent numbers indicated by other studies, this is only indicative of the magnitude of expansion the retail trade is expe riencing, both due to economic expansion as well as the ââ¬Ëjobless growthââ¬â¢ that we have seen in the past decade.It must be noted that even within the organised sector, the number of individually-owned retail outlets far outnumber the corporate-backed institutions. Though these numbers translate to approximately 8% of the workforce in the country (half the normal share in developed countries) there are far more retailers in India than other countries in absolute numbers, because of the demographic profile and the preponderance of youth, Indiaââ¬â¢s workforce is proportionately much larger. That about 4% of Indiaââ¬â¢s population is in the retail trade says a lot about how vital this business is to the socio-economic equilibrium in India. 1 Arguments against adoption of FDI in Indiaââ¬â¢s Retail sector: FDI driven modern retailing is labour displacing to the extent that it can only expand by destroying the traditional retail sector. Till such time we are in a posit ion to create jobs on a large scale in manufacturing, it would make eminent sense that any policy that results in the elimination of jobs in the unorganised retail sector should be kept on hold. Studies suggest that about 5 crore jobs will be lost and only 20 lakhs new jobs will be created.With their incredibly high capital FDI driven retailing units such as Wal-Mart will be able to sustain losses for many years till its immediate competition is wiped out. This is a normal predatory strategy used by large players to drive out small and dispersed competition. This entails job losses by the millions. Even the organised retail sector may face serious problems and may eventually be wiped out. The FDI driven retail units will typically sell everything, from vegetables to the latest electronic gadgets, at extremely low prices that will most likely undercut those in nearby local stores selling similar goods.They would be more likely to source their raw materials from abroad, and procure go ods like vegetables and fruits directly from farmers at pre-ordained quantities and specifications. This means a foreign company will buy big from India and abroad and be able to sell low ââ¬â severely undercutting the small retailers. Once a monopoly situation is created this will then turn into buying low and selling high. Such re-orientation of sourcing of materials will completely disintegrate the already established supply chain.In time, the neighbouring traditional outlets are also likely to fold and perish, given the ââ¬Ëpredatoryââ¬â¢ pricing power that a foreign player is able to exert. As Nick Robbins wrote in the context of the East India Company, ââ¬Å"By controlling both ends of the chain, the company could buy cheap and sell dearâ⬠It is true that it is in the consumerââ¬â¢s best interest to obtain his goods and services at the lowest possible price. But this is a privilege for the individual consumer and it cannot, in any circumstance, override the responsibility of any society to provide economic security for its population.Clearly collective well-being must take precedence over individual benefits. The primary task of government in India is still to provide livelihoods and not create so called efficiencies of scale by creating redundancies. 12 Arguments in favour of adoption of FDI in Indiaââ¬â¢s Retail sector: The main driver for adoption of Retail in India seems to be the recognition that the Indian economy faces serious supply-side constraints, particularly in the food-related retail chains. The government would like to improve back-end infrastructure, and ultimately reduce post-harvest losses and other wastage.There is also a general concern, highlighted by the persistence of food inflation, that intermediaries obtain a disproportionate share of value in this chain and farmers receive only 15% of the end consumer price. Now the farmers will be able to get a better price for their products. With easy credit availabilit y through foreign direct investment the situation of farmer suicides in India will improve. With foreign capital flowing into the economy the current inflationary situation will be tamed.One key point is that we must differentiate between the interests of consumers, who constitute our population of nearly 115 crore, from the interests of retailers, who may number near five crore. The larger supermarkets, which tend to become regional and national chains, can negotiate prices more aggressively with manufacturers of consumer goods and pass on the benefit to consumers. Undoubtedly, lower prices psychologically propel buyers to spend more than they otherwise would. The resulting growth in private consumption creates jobs. The tax collection of the government will improve as it is mpossible to tax the unorganised retail sector. The revenue collected by the government can be used for infrastructure development. Also India has had several retailers with deep pockets and access to skills. T hat they have not been able to swamp the domestic small retailer says something about consumer behaviour and small retailââ¬â¢s resilience. The argument that the advent of FDI and supermarkets will displace a large number of kirana shops is similar to the argument used during the era of industrial licensing, which was meant to protect small-scale industries.But eventually the inefficiencies and quality standards of the protected small-scale companies become apparent even to socialist politicians and licensing was abolished. Even a modest chain of 200 supermarkets, to be set up all over India in selected towns and cities in the next three years, will require an investment of about Rs 2,000 crore (Rs 20 billion), at the rate of Rs 10 crore (Rs 100 million) per supermarket to cover the infrastructure and working capital. Each supermarket may take 2 or 3 years before it becomes profitable.There is a risk that a few of them may even fail. No Indian entrepreneur will be willing and abl e to commit this level of investment and undertake the risks involved. That is where the 13 international experience and skills that may come with FDI would provide the confidence and capital. Apart from this, by allowing FDI in retail trade, India will become more integrated with regional and global economies in terms of quality standards and consumer expectations. Supermarkets could source several consumer goods from India for wider international markets.India certainly has an advantage of being able to produce several categories of consumer goods, viz. fruits and vegetables, beverages, textiles and garments, gems and jewellery, and leather goods. The advent of FDI in retail sector is bound to pull up the quality standards and costcompetitiveness of Indian producers in all these segments. That will benefit not only the Indian consumer but also open the door for Indian products to enter the wider global market. Suggestive measures to eliminate the negative effects of FDI in Indiaâ â¬â¢sRetail sector: FDI in the retail sector should be accompanied by policy formulations that encourage the growth of manufacturing sector in India. A growing manufacturing sector can accommodate the people who will loose their jobs due to the adoption of retail in India. FDI should be aggressively promoted in case of relatively less sensitive sectors like entertainment, R etc. Moreover import duty should be imposed to protect domestic production units. Strict labour laws should be imposed to ensure that no management jobs are outsourced.The government should also ensure the local population gets competitive wages and the working environment is proper. Jobs should be reserved for the poor people. If the language of operation is English then it will act as a hindrance for job creation for the underprivileged people. Hence Hindi and local languages as a mode of operation should be encouraged. Cooperative societies should be formed for the farmers and other agricultural suppliers to take care of their rights and to ensure that they are getting a fair price from the FDI driven big retail units.Strict corporate governance should be ensured to prevent the acquisition of local business units by foreign firms and to promote investor friendly trade practices. The foreign retail units should be made to divest a certain percentage of their equity in the Indian financial markets. Only strict governance can ensure that the foreign firms adhere to competitive trade practices. Social infrastructure like schools, colleges and hospitals should be developed to promote human capital formation as several studies suggest that such initiatives could enhance the spillover effects of FDI.Furthermore it will help in creating 14 jobs in the high technology sectors and will put India in the global technology scenario. Social security should be ensured through different policy measures like pension plans, employment guarantee programmes and free health care. Strict environmental laws should be enforced to ensure that the foreign firms do not indulge in unsustainable trade practices. Conclusion: The growth rate of the Indian economy has been very high in the post reforms era.And hence India has become the cynosure of investment by foreign multinational enterprises. The relationship between FDI and other macro economic variables like growth rate, export, employment and productivity has been found to vary. It has been found that to gain a positive impact of technology spillovers via FDI the host country should achieve a basic minimum human capital threshold. Studies exist both in support and against the positive impact of FDI in the Indian economy. It is self conclusive that the growth of FDI in India is growth resultant and not growth stimulant.The positive impact of FDI has been felt in the high technology sectors like telecommunication and IT. The success story of the telecom sector is a real confidence booster in this regard. It is clearly visible that the MNEs are more interested in exploiting the Indian markets rather than investing in capital goods. The retail sector is one of the fastest growing sectors of India. It also employs a huge proportion of the population. Hence any measure regarding this sector such as approval of FDI in the Indian retail sector will have a gigantic impact on Indian economy.FDI in the Indian retail sector will work wonders in terms of controlling inflation, creating new jobs and increasing the efficiency and productivity of the Indian economy. But many believe that it may lead to wide scale unemployment, drainage of capital from the Indian economy and social inequity. Hence FDI in Indiaââ¬â¢s retail sector should be accompanied by stringent policy measures on the part of the government so that the majority of the population can benefit from the positive spillover effects of FDI.Government should encourage FDI in the manufacturing sector along with the retail sector to compensate for the loss of jobs that will be created due to the advent of FDI in retail. Government should also build social infrastructure to enhance the human capital formation so that the positive spillover effects of FDI are greatly felt. 15 References â⬠¢ â⬠¢ â⬠¢ â⬠¢ â⬠¢ â⬠¢ â⬠¢ â⬠¢ â⬠¢ â⬠¢ â⬠¢ â⬠¢ â⬠¢ â⬠¢ â⬠¢ FDI in Indiaââ¬â¢s Retail Sector More Bad than Good? By Mohan Guruswamy Kamal Sharma Jeevan Prakash Mohanty Thomas J.Korah Rethinking the linkages between foreign direct investment and development: a third world perspective By: Shashank P. Kumar Indiaââ¬â¢s Economic Growth and the Role of Foreign Direct Investment: By Lakhwinder Singh 2006. Indiaââ¬â¢s FDI inflows Trends and Concepts By K. S. Chalapati Rao & Biswajit Dhar Impact of liberalization on FDI structure in India. By Dr. Gulshan Kumar. Impact of foreign direct investment on Indian economy: A sectoral level analysis. By Dr Maathai K. Mathiyazhagan.Foreign Direct Investment in Post-R eform India: Likely to Work Wonders for Regional Development? By Peter Nunnenkamp and Rudi Stracke. FDI in India in the 1990s. Trends and issues. By R Nagaraj. Economic Reforms, Foreign Direct Investment and its Economic Effects in India by Chandana Chakraborty Peter Nunnenkamp. March 2006. China and India: Any difference in their FDI performances? By Wenhui Wei. June 2005 Fact sheet on FDI in India by the Planning Commission. Data on GDP growth rate from the Planning Commisiion. Wikipedia. com Planningcommission. nic. in 16
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