Precedent- Statutory Interpretation Essay Example | Topics and Well Written Essays - 2000 words

Precedent- Statutory Interpretation - Essay Example ferentiates the English Common Law system from Civil Law, where every case is tried based on a judge’s or jury’s interpretation of law at a particular time, regardless of the outcome of similar cases in the past. This begs one big question: Given that the judiciary has the task of interpreting laws and giving judgments when two or more parties do conflict; add to the fact that it is supposed to play a role that is separate from the legislature, has stare decisis effectively made English courts the rivals of Parliament in making laws? To be able to do that, let us examine the current rules of court in Britain. There are different rules of precedent for each court. There are cited as follows: (â€Å"Rules of precedent†, n.d.) Their Lordships regard the use of precedent as an indispensable foundation upon which to decide what is the law and its application to individual cases. It provides at least some degree of certainty upon which individuals can rely in the conduct of their affairs, as well as a basis for orderly development of legal rules. Their Lordships nevertheless recognise that too rigid adherence to precedent may lead to injustice in a particular case and also unduly restrict the proper development of the law. They propose, therefore, to modify their present practice and, while treating former decisions of this House as normally binding, to depart from a previous decision when it appears right to do so. In this connection they will bear in mind the danger of disturbing retrospectively the basis on which contracts, settlements of property and fiscal arrangements have been entered into and also the especial need for certainty as to the criminal law†¦.This announcement is not intended to affect the use of precedent elsewhere than in this House. Many people believe that the House of Lords is bound by the rules it set, but his statement has implied that the House of Lords is not really bound by its own decisions,

EMC Plc Strategic Management Essay Example | Topics and Well Written Essays - 4000 words

EMC Plc Strategic Management - Essay Example What’s more, existing companies have barriers to new entrants such established market strength and shares of the already established firms, cumbersome process of registration, high initial capital outlay, and developed brand loyalty amongst existing customers. As such, new entrants are likely to find it difficult to penetrate into such existing markets and industries calling for efficient and effective strategies. Regarding established industries and market, automotive industry and market is one of the deeply established with many players but controlled by few. Some of the great players within the industry include GM, Ford, Daimler, Chrysler, Toyota, Honda, Nissan, Peugeot, Renault, Hyundai Motor, Mazda, and Fiat amongst others (Nieuwenhuis & Wells, 2005; p 69). European Motor Company (EMC) operated as part of a large industrial conglomerate with interests in the aerospace, defence and medical sectors before is acquisition several years ago to an automotive group who made significant investment in the company for a few years. Nevertheless, the automotive group felt unable to support the business any further because of a rapidly declining market share. The following is an analysis of EMC Plc and the automotive industry. Main analysis of this paper focuses on both internal and external market factors. Attaining such an analysis is possible through various strategic management tools and models such as PESTLE, SWOT, Porter’s Five Forces, and Critical Success Factors that have so far been of importance to the organization. In addition, this analysis focuses on strategic direction of EMC Plc covering a period of 5 years (Nieuwenhuis & Wells, 2005; p 75). Such strategic direction employs the use of strategic defining tools and concepts such as mission, vision, overall target markets, strategic rationale, as well as financial objectives. The analysis winds up by providing strategic development and progress coupled with reflective portfolio. In order to attain these, the paper is divided into three parts with different sections. Part 1: Initial Strategic Position and Intentions 1.1 External and Internal Initial Situation Industries and firms face different factors both from within and outside. External environmental factors refer to those that business organizations and industries have no control over for instance, political, economical, socio-cultural, technological, legal, and environment. On the other hand, internal environmental factors are those that a firm or industry may control such as the strengths, weakness, threats, and opportunities (Watson & Head, 2009). The following discussion uses various tools to explain automotive industry’s environmental factors and their effects on EMC Plc’s operations. 1.1.1 PESTLE Analysis EMC Plc is likely to experience political, economical, socio-cultural, technological, legal, and environment as illustrated in Appendix 1(a). EMC Plc experiences political stability and advantages from various political factors such as degree of government involvement in business activities, the serene political atmosphere that European

Cafe Latte Essay Example for Free

Cafe Latte Essay The business was formed as a limited partnership between three siblings and a friend, Cynthia, Stuart, and Rob Chan, along with Jeff Burns, respectively. The Chans are somewhat knowledgeable about running a business since their parents have operated a restaurant for years, and Stuart Chan continues to manage the restaurant. The three siblings are the principals in the business, while Jeff Burns is primarily a partner for financial purposes only. Cynthia, having the most free time, has spent the most time working on the business opening. Stuart has procured the equipment for the bar, with Rob’s help. Stuart has become angry at Cynthia for not spending enough time in preparations, and feels that she and Rob are not doing their fair share of work. Stuart wants to buy out Cynthia’s share, but later just apologizes for his outburst. In order to avoid further conflicts, a work schedule was devised that permits Cynthia and Stuart to work schedules that do not overlap, and Rob will manage the operation. Introduction This case study is following the decision case model. Case studies are and important part of the study of organizational behavior. We can dissect the various components of attitudes, behaviors, consequences, etc. , using a fictional setting and cast of characters. We can subsequently collaborate to develop objective assessments of the situation presented, and model possible decisions that we might make as managers. In the case of the Cafe Latte case study, we are provided with one decision possibility but we are also free to propose alternative decisions, along with the rationale. Stuart has some qualities of a team leader (commitment, hardworking etc), but lacks some important ones. He failed to appreciate others contributions and failed to do psychological empowerment. Also as a leader he was not distributing the roles and responsibilities evenly. Unfortunately, he was getting more work from two jobs he was handling. Instead of motivating others he was making negative remarks frequently. There could be some ego problems and sibling rivalry too. Cynthia was unhappy at the end, but she was not ready or courageous to talk to Stuart about the problems. Instead she wrote a list and handed-over that to Stuart. Stuart was intelligent enough to understand the situation and the consequences. But he has some false pride and he was not even ready give a direct apology to Cynthia. It took him two days to write an apology. Also he has to leave the apology in Cynthias car, which made its less personal and sincere. The problems are listed in detail below: 1. There is an overall lack of communication in this business and family. 2. Lack of transparency within the organization and lack of goals for metrics when the business opens. 3. No delineation of responsibilities between the siblings. 4. Basic problem is the inter-personal relationships, lack of proper communication, and improper distribution of work. We see that Stuart and Cynthia are making assumptions about others’ actions and contribution. They are not analyzing or evaluating the situation properly. There was no proper channel for unbiased flow of information. With each partner holding an equal share in the business, no one has emerged as a manager to lead the others. 5. We see that Stuart is over-worked with two jobs and he is not getting any appreciation for his hard work. At the same time, Stuart thinks that Cynthia and Rob are not working hard. This makes Stuart unhappy. 6. Stuart has some qualities of a team leader, but lacks some important qualities as well. He fails to appreciate others contributions and fails to do psychological empowerment. Also as a leader he is not distributing the roles and responsibilities evenly. Unfortunately, he is getting more work. Instead of motivating others or suggesting solutions to problems, he instead chose to make frequent negative remarks that served only to inflame the other partners. 7. Stuart does not incur any consequences for his immature behavior. . Stuart’s ego may be getting in the way of an amicable resolution. 9. Sibling rivalry between the Chans. Decision –Additional Options The conflict in the workplace is quite normal with different kind of personalities, cultures and life experiences. However, conflict is not necessarily a bad thing. It will become a major problem if the conflicts are not resolved effectively. According to OB, conflicts can be resolved by increased understanding, group cohesion and improved self-knowledge. Open discussion is needed to resolve conflict and increase the awareness of the situation. This will bring some insight into how they can achieve the common goals. Team members will have strong mutual respect and faith in their ability to work together once the conflict is resolved amicably. One important thing to resolve the conflicts is to do self evaluation. Everyone should examine their goals, strength and weakness, tasks, actions in close and enhance the positive aspects or behavior. †¢ Someone should initiate a mediation talk to resolve the conflicts between Cynthia and Stuart. Since Cynthia and Stuart are upset and emotionally distressed, a third party should initiate the talk. The best people in the picture to initiate this are Rob and Jeff. Rob and Jeff should initiate a serious of talks to understand the problems of Stuart and Cynthia and look for an amicable solution. While Jeff is a financial partner only, the trouble brewing among the Chan siblings could place his financial stake in the company at risk. †¢ But when Cynthia received the apology, she should have contacted Stuart directly and initiated the conflict resolution and mediation process. Behavior Assessment In both cases, they should list out the problems and possible solutions to achieve their common goal. A good understanding and working relationship among the team members should be the most important goal for the success of their new venture. John Holland’s Typology of Personality and Congruent Occupations provides a model that attempts to match job requirements with personality. In his hexagon diagram, the theory is that the closer two personality types are to each other, the more compatible they are. In addition, the model categorizes personality types into six categories, lists the personality characteristics, and then suggests the most congruent occupations for the various personality types. Holland classifies enterprising personality types as having self-confidence and ambition, and suggests congruency with small business manager occupations. Cynthia demonstrated her high energy and entrepreneurial tendencies when she devoted all of her free time to the tasks leading up to the opening of Cafe Latte. According to Holland, she then might be the right personality type to manage the business. Stuart Chan, however, already manages the family restaurant, but if we assess his personality using Holland’s model, he perhaps would be a conventional personality type, which prefers rules, and orderly, unambiguous activities.

Eriksons Stage of Development Essay -- Application Development Stages

Erikson's Stage of Development †¢Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Stage 1: My mother fed me consistently throughout the day. I was fed at the same times daily. I learned how to blindly trust my mother for providing milk. I learned how to trust my environment in general and developed a secure attachment toward my parents. †¢Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Stage 2: While I was learning how to walk, my parents left me alone to explore how to walk by myself. I would hold onto the edges of the walls to help support me up. My parents encouraged my use of initiative and reassured me when I fell down. I developed the confidence needed to cope with future situations that required choice, control, or independence. †¢Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Stage 3: I had an imaginary friend named Billy at this age. I never felt shame when using my imagination or talking to my imaginary friend. However, I learned that I should not always do what Billy did. For example, if Billy threw away a penny, I knew that I should not do the same. This taught me the ability to accept what was happening without guilt and that there are certain things that are wrong to do. †¢Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Stage 4: Through attending school, I learned the necessity to be productive and do my own work. I learned to make things, use tools, and acquire skills to be a worker and a potential provider. I participated in a wide variety of events throughout the day including academics, group activities and friends. Due to these activities I developed a sense of competence. †¢Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Stage 5: Currently, I decide wh...

Abuse of power Vs Spiritual Redemption Essay

The Tempest is full of different themes that work perfectly to bring out the mastery of Shakespeare. However, two themes that stand out in the play, and they have been the source of much debate over the years. Both themes are backed with incredible, pinpoint accurate evidence over the dominance of the other. Over the years, scholars have found it hard to settle on one theme being dominant over the other, but with an analysis of the evidence presented on both counts, the decision is left to the reader of the play or the audience for that matter. The first theme that stands out is; spiritual redemption and goodwill. It can be explained in the play through the character Prospero whereby he struggles, loses his kingdom, finds another and learns from his past in order not to have history repeat itself. In the world crested by The Tempest, through Prospero, Shakespeare tries to examine the human condition of sin, redemption and goodwill. At the beginning of the play, the audience is made aware that Prospero was a Duke of Milan but his brother Antonio, with the king’s consent, took his Dukedom away from him. During his tenure as Duke, Prospero was more concerned with education and magic than he was ruling his kingdom. For this reason, Antonio was able to take advantage and win over the hearts of the people of Milan, which consequently led to the usurping of Prospero from his dukedom, but with help from the King of Naples. Prospero was then exiled with his daughter Miranda, on a wrecked boat where they ended up on an island. Here, Prospero learned the values of authority by turning Caliban into a slave under his command. At one point, his slave alongside two other men tried to kill him but he manipulated them and changed their minds completely. When the shipwrecked men had been brought to him, he could have chosen to exact his revenge and kill them, but he was kind to them. In so doing, Prospero found redemption for his sin as a previously failed ruler. The other theme that stands out is that of Colonial Abuse of Power. In almost every scene, there is a portrayal of power whereby there is a character that has power over the other. The relationship of Prospero and Caliban is that of master and slave and this stands out throughout the play, where Caliban submits to Prospero. The Tempest brings to light the theme of colonization when in 1610, the Sea Adventure to Virginia ended in shipwreck in Bermuda. Also, the anagram of the name Caliban is derived from the name cannibal which shows a difference in cultures. This also shows that Caliban was the native of the island that Prospero had asserted himself as king. Propsero’s relationship with Ariel also demonstrated the intense theme of power. Ariel is a spirit but she is submissive to Prospero, by saying â€Å"All hail, Great master† In both themes, there is enough evidence to warrant a discussion, but to my opinion, I think that the theme of spiritual redemption and goodwill is most dominant. Primarily, this is because the use and abuse of power is an age-old tradition that never seizes. However, the act of Prospero showing mercy stands out because as royalty, there is a need to show humility and making decisions not out of feeling, but out of reason. Thus, the theme of spiritual redemption and goodwill is most convincing in all manners and rights. Source document

The Philosophy Of Human Nature - 1140 Words

Jack Dufresne Prof. Brandon Philosophy of Human Nature 1 December 2015 Freedom of the Will The will, in its simplest form, is the ability for one to control one’s own actions. Through the will, the morality of the action is entirely decided by the doer. Augustine professes the will simply permits the doer to do evil. In Socrates’ assertion, free will is contingent on self-control because without it, one can find oneself enslaved to a material thing or desire. Based on reading and prior knowledge, it can be deduced that the only thing that can truly keep one from vice is free will. As Augustine examines certain events in his own life, he tries to analyze human nature as a whole, and explores why human beings, even children, have the†¦show more content†¦Augustine feels while one’s choices are ultimately part of God s plan; one should still have the free will to choose to turn away from him. The intellect leads the souls will, but the will does not always follow1. This is part of how one can knowingly do wrong. One knows what should be done, but one can also knowingly act against this2. Intellect may have the truth, one’s desires may press with what one wants to do, but the will ultimately chooses. Socrates view on free will was the drive for self-control. He believed the unexamined life is not worth living. For Socrates, free will is impossible without self-control, for unbridled passions can remove one’s agency. His view in the Republic (as told by Plato) is in conflict with the libertarian view, where people who are slaves to their desires have the right to self-determination, regardless of what their idea of the best life is. The reason for his disagreement with libertarian free will in the Republic is justness requires reflection3. This leads to conclude actions are entirely determined by beliefs of what is the good, and beliefs of what is the good is determined by knowledge. Socrates believes, in a similar way, nobody willingly chooses to do wrong. Like Augustine, he advocates doing wrong always harms the wrongdoer and that nobody seeks to bring harm upon themselves. In this view, all wrongdoing is

Trade and Income Inequality - 693 Words

As trade takes place, living conditions and economic growth must be the ultimate goal. Trade and economic growth that does not establish a reduction in poverty can generate problems that did not exist before. If rapid growth is accomplished at the expense of misdistribution of resources, then it will create social tensions or class warfare. Rapid growth has been shown in different countries that raises gap of income inequality and raise the poverty rate. In India, the slow economic growth has been steady for a period of time until 1991 when the trade and investment liberalization and economic reforms signed. It was a major breakthrough that resulted in rapid economic growth in India. The liberalization in India is far different than the standard process of liberalization. India was mainly focusing on the slow and controlled process of liberalization. Aside from the loan received from IMF in 1991, foreign bilateral and multilateral public capital inflows have been restricted. Since In dia used the slow process of liberalization of trade, then the inequality also has risen at slower pace especially in rural India unlike urban areas that have seen much faster pace. Different factors have been blamed for rising income inequality. First, the process of shifting earnings from labors to capital income. Second, the fast pace growth in the services sector. Third, the rate of the labor absorption has seen a significant drop during the reform period of 1991 (Jha, 2002). After 1991,Show MoreRelatedThe Income Inequality Gap Essay1123 Words   |  5 Pagesstudies have shown that income inequality has many connections that have caused the gap in the United States. According to the research I found, income inequality is connected to corruption, trade, wages of workers, and education. The world income inequality had declined since the twentieth century according to the studies found (Clark). 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