Thursday, October 31, 2019

Do Divestitures Have PositiveWealth Effects Literature review

Do Divestitures Have PositiveWealth Effects - Literature review Example Therefore, it can be said that a concept of divestiture is the opposite of an investment. The concept of divestiture is very much different from the concept of personal finance. Under the concept of personal finance, the investors sell out their business shares so as to meet their personal objectives. The major scope of a divestiture is that it allows the concentration of business resources in the market, and this process makes the business more profitable. This literature review tends to evaluate the positive wealth effects of divestitures. Motives behind divestitures Evidently, divestiture processes have been gradually increasing since 1990s. According to Kiymaz (2006), the gradually increasing divestiture can be clearly attributed to widespread corporate restructuring activities. The Author points out that the volume of divestitures has increased since 2,057 in 1993 to 3,134 in 1998. Kiymaz also argues that divestitures are the outcomes of a firm’s interest to create and pr eserve its shareholder wealth and it does not always symbolize the failure of a firm. A divestiture effectively refreshes a business organization and it assists the firm to enter the next phase of growth. The ultimate objective of every business firm is its further expansion and thereby increased profitability. A running business may have thorough knowledge regarding its key areas of strengths and weaknesses. Hence, an organization normally intends to restructure its strategies and concepts in order to address its weaker business areas and thereby focus more on potential growth sectors. In the opinion of Kiymaz (2006), spin offs and sell offs are the two effective techniques for a successful divestiture. Under the spin off methods, a company distributes all the common stocks to its existing shareholders with intent to create a separate publicly traded company. The author asserts that the divested asset is sold to another firm according to the concept of sell off. A spin off does not release its assets out of the company boundaries; instead, it retains within the hands of its shareholders. In contrast, a sell off constitutes complete remolding of the organizational structure and it includes an absolute disposal of some of its assets. However, retirement of succession planning is one of the major elements that influence a firm to adopt the techniques of divestitures. Rationalizing the number of shareholders is another motive behind divestiture strategies. Obviously, every shareholder of a firm would not be able to raise additional funds in times of contingencies. Moreover, every firm likes to retain potential shareholders because only they can contribute to the expansion of the company. The concept of divestiture enables the company to explore its potential shareholders. Colak and Whited (n.d.) claim that conglomerate invest efficiency play a vital role in determining the degree of growth of conglomerates. The authors add that a divestiture can effectively add t o the improvement of conglomerate investment efficiency. Therefore, dismantling conglomerates becomes a strong motive behind a divestiture. Similarly, a firm may have earned number of business entities by the way of acquisitions. It is often seen that the acquisition strategies adopted by firms become incorrect and thereby such firms are compelled to discard their acquisitions. Under such

Tuesday, October 29, 2019

Republic Plato Essay Example for Free

Republic Plato Essay A noble lie is necessary for smooth and peaceful governance. In Republic, Plato offers a wide account that seeks to justify the use of lies among the societal elite. Using the example of a stratified society that is made up of rulers, auxiliaries, and farmers, Plato emphasizes that a society needs these clear strata for a peaceful co-existence. However, this stratification needs to be solidified and justified by a pack of lies which he calls, The Noble Lie. For instance, the people need to be assured that these strata are not as a result of forces within their control but it is the will of God that demands so. It is the will of God that intervenes during birth; so that some people are born with gold entrenched in their souls, others with silver, and others with iron. Apparently, those born with gold make the rulers’ class while the silvers are the auxiliaries and those born with iron are the farmers’. It was believed that if the rulers sired children with silver or even iron they would definitely relinquish their rulers’ status and take the auxiliaries or the framers status depending on the metal in their souls. The same case applied to those in the auxiliary and farmers’ category that were with gold – they would be promoted to the rulers’ class. To mitigate such scenarios, it was also believed that people from different metal classes should not intermarry – marriage was strictly within the same classes (Pangle, 1988). Fundamentally, the noble lie is comparatively similar with the contemporary religion given that they all aim at piecing the society together so as to avoid unnecessary wrangles. Religion, like the noble lie seeks to instill a sense of confidence and trust in the supreme deity who is conventionally believed to be responsible for all issues affecting human kind. Though the myth is a work of fiction from a fertile mind, it succeeds in hammering home its message. The noble message is that human beings cannot be morally and socially equal; some will be rulers while others will be the servants to the rulers. Perhaps Plato’s decision to use noble lie was informed by his conviction that not many people in the society are capable of making good leaders, given that good leaders are expected to make smart decisions. Apparently, those smart decisions need to be laced with â€Å"necessary lies† capable of holding the society together even in the thick of temptations (Pangle, 1988). A good example of noble lies applied in contemporary governance matters is the Iraqi invasion by the western world led by the United States and United Kingdom. Ideally, both President Bush and Prime Minister Blair administrations used the noble lie(s) to drum support from the public that indeed an Iraqi invasion was justified. Following the September 11, 2001 attacks, Americans developed a feeling that terrorism needed to be fought even no matter the consequences. On the other hand, the British public like very many others at the time, particularly non-Muslims had great fears on Saddam developing weapons of mass destruction. These situations provided the best opportunities for the Bush and Blair Governments. For instance, it was very easy for the Bush administration to tie up a few truths (fighting terrorism) with the big lie, that Saddam Hussein was giving refuge to terrorists to justify an invasion. On the other hand, Blair had an easy time convincing the British public that invading Iraq would rid Saddam Hussein of the deadly weapons of mass destruction. Both lies were indeed â€Å"noble† given that they were based on the notion that a toppled Saddam Hussein leadership would create a peaceful world to live in (Postel, 2003). The main reasoning behind Plato’s conception of a stratified society is that a society needed all categories of people for it to be productive. Leaders provided ideas responsible for holding the society together while the auxiliaries provided the critical guarding services to critical personalities and places, with the farmers providing the menial labor for various activities. To him, the lie did not matter or even loose morality given that people believed that their â€Å"God† was responsible for putting a different metal in each individual’s soul and bloodstreams before s/he was born. If the people believed, just as religion demands of them in God then the society will be more governable in a â€Å"just† manner (Mason, 2004). Similar sentiments are shared by Pfaff (2003), when he argues â€Å"that the essential truths about society and history should be held by an elite, and withheld from others who lack the fortitude to deal with truth. Society, Strauss thought, needs consoling lies. † Ideally, this was a conviction based on the notion that the auxiliaries and farmers alike were not fit to enjoy explicit freedom or even capable of cushioning the potential shocks in the event they were told the â€Å"truths. † Or even as Urdaibay (1) asserts, There are different kinds of truths for different kinds of people. There are truths appropriate for children; truths that are appropriate for students; truths that are appropriate for educated adults; and truths that are appropriate for highly educated adults, and the notion that there should be one set of truths available to everyone is a modern democratic fallacy [that] †¦ doesnt work. After all, Plato reasoned that any attempts to tell them the truth would be an exercise in futility as they would not understand the gist of any truths given that their iron coated souls and bloodstreams undermined their potential for grasping truthful things – they could only understand lies which were laced with some elements of nobility. It is only to assert that if they realize the truth behind the laws of nature that are taught to them that, â€Å"the right of the superior to rule over the inferior, the master over the slave, the husband over the wife, and the wise few over the vulgar many† they will definitely revolt against the set social norms and order (Mason 2004). In fact, those rulers should be those people who know and acknowledge that there is no morality or ethics, and that oppression should be applied among the masses to ensure no one challenged the big lie. Strauss galvanizes this argument by asserting that, people should not told about such fundamental truths and that selective teaching should be encouraged in order to keep the masses within the limits of noble lie(s). And that the masses need not be taught beyond what they ought to know (Postel 2003). Work Cited Mason, John, G. Leo Strauss and the Noble Lie: The Neo-Cons at War. Available at: http://www. logosjournal. com/mason. htm/ accessed on July 24, 2010. Pangle, Thomas, Ed. The laws of Plato by Plato. University of Chicago Press, 1988. Pfaff, William. â€Å"The Long Reach of Leo Strauss,† Op-Ed, International Herald Tribune, May 15, 2003. Postel, Danny. Noble lies and perpetual war: Leo Strauss, the neo-cons, and Iraq, October 16, 2003. Available at: http://www. opendemocracy. net/debates/ accessed on July 24, 2010. Urdaibay, Alan. Atheism Central for Secondary Schools, 1999. Available at; http://www. eclispe. co. uk/thoughts/noblelie. htm/ accessed on July 24, 2010.

Sunday, October 27, 2019

The Argument Of A King By Martin Luther Religion Essay

The Argument Of A King By Martin Luther Religion Essay While Martin Luther King Jr.s audience, the white clergymen, accused him of his protests being unwise, untimely, and extreme, he effectively constructs an acceptable Christian definition of just and unjust laws, as well as what nonviolent direct action should entail by the use of an assortment of rhetorical techniques. In his inspirational literary piece, Letter from Birmingham Jail, Dr. King addresses not only the 8 white Alabama clergymen, but also a larger array of citizens, explaining his views on the evils of segregation. He was aware of the clergymens lack of interest in how civil rights activists were breaking laws instead of handling the matter in a lawful, controlled manner. This led him to devising a more brilliant strategy for his rebuttal rather than an aggressive confrontation. He also knew that his words would be ignored, because all white clergymen and most religious non-supporters saw him as an inferior human being. Too often, arguments fail to bring about any type of understanding to the opposing side because each group has an assortment of important ideas that circle the basis of an argument from two different ends of the spectrum but very rarely tie together. Dr. King, therefore, realized that he must relinquish the role of an anti-segregationist and instead write in such a manne r that would portray him as a righteous man with similar views and characteristics with that of his target audience, which, in this case, were the clergymen and other white members. He employs Aristotles three means of persuasion, ethos, pathos, and logos, to accomplish this task. Discussing whether or not a law should be followed on the grounds of its virtue requires the individual to be one whom is worthy of explaining such matters. Rather than coming out directly and arguing that the clergymen were wrong, which would illustrate King in the same likes as other anti-segregationists, he takes a much more sensible approach to his opponents to show his readiness of discussing these matters in good nature and maturity. Dr. Kings effective use of rhetorical technique begins with the opening line. He states, My Dear Fellow Clergymen (King 213). This form of salutation completes two objectives. Firstly, it addresses the men who he disagrees with in a warm, welcoming fashion. The use of the word Fellow also creates a bond between King and his addressees, instead of separating them and making his letter seem quite offensive. The two aforementioned methods of using an affable type of welcoming set Kings letter up to be a logical discussion, rather than a customary disp ute in opposition to the clergymens views. King employs this method further into his letter when he identifies the men as men of genuine good will (King 214). King states that he understands their viewpoint on the subject at hand and acknowledges them as men with good intentions before he explains why he disagrees. If King instead accused these white clergymen, who happen to be heavily influenced by religion, of any act of sinfulness, he could have potentially lost their interest and respect exceptionally early in his letter. Another remarkable strategy used in Kings letter, also found in his opening excerpt, is the following: While confined here in Birmingham city jailà ¢Ã¢â€š ¬Ã‚ ¦ (King 213). Rather than being interpreted as a meaningless introduction, it illustrates the readers interpretations of a cold, isolated, and unfeeling jail cell. Constructing this idea early into the minds of his addressees reminds them throughout the entire letter of where King is expressing these dee p, emotional feelings from, while they correspond from a significantly relaxed atmosphere. Having the foundation of his argument set in place, King begins to explain the hardship of African Americans in the South, and how despite their repeated efforts, they continuously fail to achieve recognized civil rights. He discusses the unjust laws keeping African Americans from the rights that they long to attain. Further into the letter, King introduces the reader to his assertion that unjust laws should not be obeyed faithfully; he explains, Too long has our beloved Southland been bogged down in a tragic effort to live in monologue rather than dialogue (King 216). Using the phrase Southern lands, rather than explaining that it is the African American community experiencing these troubles, effectively directs the reader into realizing that the hardships are not only felt by a small group of people, but rather the entire South. The aforesaid passage builds a strong logical appeal: if, in a specific populace, a persons opinions are heard and acknowledged, then the possibility opens up of the laws in that region being unjust and in need of alteration. King is delicately persuading his addressees to concur with his impending arguments toward, what were at the time, the current segregation laws. Doing so will successfully rid the reader of any disagreement barrier when he writes You express a great deal of anxiety over our willingness to break laws. This is certainly a legitimate concern (King 218). Dr. King strives to display a mellow comprehension on a matter in which he lived to fight for, while simultaneously sympathizing with the sentiment of his opposition. The logical and emotional appeal displayed in Kings thoughtfully planned out reasoning attracts the reader further into wanting to consider the remains of his argument. A major occurrence in Kings letter that signifies his use of logical persuasion is seen with his quote from St. Augustine, an early bishop of the Christian Church who deeply influenced the spirit of Christianity for many centuries, where he explains, an unjust law is no law at all (King 218). Before delving into the subject of just and unjust laws, however, King mentions that he strongly agrees with obeying just laws. Doing so creates another ethical bond with his addressees, which happen to be the men in charge of protecting laws, showing them that he also happens to be an individual with good intentions. This quote also draws a connection between King and St. Augustine, almost explaining that if the Saint were still alive, he would support Kings endeavors. This is an important passage to note due to the fact that Ki ngs addressees were strongly influenced by religion at the time, therefore, making connections through religious correspondence was a legitimate form of communicating his ideas. The use of several occurrences when Christians broke unjust laws and resisted unreasonable rules because of their belief in God attempts to make a connection between Kings actions and those of early Christians. This effectively portrays Kings ethical characteristics to his audience; placing him above the standards of what many white readers would see him as. Bringing religion into his argument forces the clergymen to re-evaluate their statement about the impropriety of disobeying segregation laws because it would be out of the question for them to argue against Kings biblical correlations. Although there appear to be a large display of literary techniques used by Dr. Martin Luther King to gain respect and approval from his addressees, one may argue against many of Kings ideals. One of which would be his main argument; the use of nonviolent direct action. The concern of the efficacy of nonviolent direct action arises, and ideas begin to develop on whether or not violence is actually needed in order to communicate ones viewpoint. As with anything else in the world, no action is guaranteed to work every time. Although nonviolence does have its drawbacks, as seen in Burma and China, it has a relatively strong effectiveness. There have been dramatic improvements in civil and political rights over the past two decades, and nonviolent action has played a crucial role in this transition, including the downfall of dictatorships in Eastern Europe, Latin America, Africa, and Asia. Nonviolent struggles in recent decades have not only led to significant political and social reforms advancing the cause of human rights, but have also even toppled repressive regimes from power and forced leaders to change the very nature of their governance. As a result, nonviolent resistance has been evolving from an informal strategy associated with religious or ethical principles into an insightful, even institutionalized, method of resistance. One may also argue against Kings religious references, stating that these analogies wouldnt apply to those persons who were not as heavily involved with religious, or, happened to be a part of a group aside from Christians. In such case, King emotionally appeals to every true American when he finishes his letter off discussing World War II. He reminds the reader that everything Hitler did was considered lawful at the time, and that aiding the Jewish civilians in German-controlled regions was deemed unlawful. This example from King is one that touches the hearts of many, since at the time WWII had recently ended yet still rested in the thoughts of every American. Drawing such a comparison was an extremely effective, however delicate, way for King to emotionally persuade, and show that, religious or not, the act of killing another human being can never be established as lawful. King was quite aware of the white clergymens use of several caustic messages of altercation underlying the very sophisticated words that were used to compile their public statement that inspired him to write this letter. He therefore took it upon himself to strike back with a similarly professional tone, addressing both what the clergymen claimed and the implications they overlooked in their views. His ability to compose a logical, even-tempered, argument, with such anger and frustration hidden deep in his heart, truly gains him the respect of the reader. With this acquired respect, he therefore is able to justifiably express his views on just and unjust laws. His addressees, who have already been swayed both expressively and plausibly, are pushed even further into creating a whole-hearted bond with a man who many considered an inferior human being. It is by this extraordinary display of writing and technique that King is able to communicate his viewpoints in a way that is both ratio nal and nonviolent.

Friday, October 25, 2019

The Problems with Abortion and Solutions Essay -- Abortion Pregnancy M

The Problems with Abortion and Solutions Abortion is referred as the termination of a pregnancy or of a fetus that is incapable of survival (Dictionary.com). Abortion is morally wrong and illegal because the fetus is a person. It is the same thing as murder. The reasons people have abortions are they are not ready to handle the responsibility of another human being, the fetus may have a birth defect, mother’s heath is an issue, rape, or simply because they don’t want any more children (Abortioninfo). The majority of people that have abortions are teenagers. Abortion is flat out wrong and should be banned. Being that abortion is immoral no matter the circumstances, justifies the need for a law to make it illegal. Abortion has been taking place since the beginning of time. It was not called abortion back then. Pregnant women were abused which caused their children to be born prematurely. Their children were either killed or left to die (Abortioninfo). Today, this procedure is way more intentional and is decided on by the mother or as the fetus knows it; their home for the next nine months. Abortion has become so common these days, that there are various ways of terminating an unwanted pregnancy. The RU-486 pill is a type of drug that produces an abortion after the mother misses her first period (SilentScream). This pill causes the blockage of a useful hormonal nutrient that causes the fetus shrivel up and die. This pill is used when the fetus is about two to three weeks old (SilentScream). The fetus has a beating heart and brain waves that move rapidly. This drug has many side effects which can be lethal. These side effects consist of liver damage, kidney destruction, heart muscles co mpromise, pulmonary failure... ...ly members. Those choices are much better than killing an unwanted child and they wouldn’t lay to heavily on the mother’s conscience. There is a slightly good chance of abortion becoming illegal in the years to come. Our President, George Bush recently signed a ban on abortion and plans on taking it to court to make it illegal (Entous). This ban will cover partial-birth abortions. This type of abortion has been the subjects of many disputes and failed to make it to court. Many people were outraged and upset because it didn’t protect women’s rights. Who knows if abortion will ever become illegal? The way the world is going, it may never become illegal. Our values and morals have diminished and things may continue to worsen. As long as America has a strong president that stands up for what he believes in concerning the issue, we may one day see it happen.

Thursday, October 24, 2019

History of Competition Law in India. Its an Emerging Area in the Field of Law

The establishment of British Rule in India left the Indian economy crippled. India served as a dumping ground for the machine made cloth and other factory goods from England and was reduced to a mere raw material supplying colony. After winning Independence against the political competition posed by the British Rulers for many years, India, post independence, started its era of fighting against economic competition, the only difference being that the threat which India faced was now not only restricted to the British rulers but to the whole world which considered India as a dream destination for celebrating the advantages of ‘Globalization and Liberalization’. Winning Independence gave way to the entrance of many big firms into the Indian market exploring opportunities in various trades and businesses. The condition of the Indian market was very weak and vulnerable to face the might of these foreign firms, because India at that time neither had the resources nor the skilled workforce to convert, if at all, such resources to compete with these foreign firms. The technological and scientific capabilities were poor, industrialization was limited and lopsided. Agricultural sector exhibited features of feudal and semi-feudal institutions, resulting into low productivity. In brief, poverty was rampant and unemployment was widespread, both making for low general standard of living. These were the socio-economic settings in which the founding fathers had to chart out a programme of nation-building. The Indian Government, although did not have the weapons to wage war against such fierce competition against the foreign firms but the Government did not fail to rule out the possible defences to resist the competition posed by the foreign firms to protect its own domestic market. The ‘Monopolies and Restrictive Trade Practices Act of 1969’ turned out to be the most sought after ‘Defence Mechanism’. The history of the Indian competitive legislation goes back to the Monopolies Enquiry Commission. In 1964, when the Indian democracy was in its nascent state – barely 17 years old – the Government of India appointed the Monopolies Enquiry Commission to enquire into the effect and extent of concentration of economic power in private hands and prevalence of monopolistic and restrictive trade practices in important economic activity other than agriculture. The commission submitted its report along with the Monopolies and Restrictive Trade Practices (MRTP) Bill, 1965 and on June 1st The Monopolies and Restrictive Trade Practices Act came into existence on 27th  December, 1969. The preamble to this enactment provided it to be  An Act to provide that the operation of the economic system does not result in the concentration of the economic power to the common detriment, for the control of monopolies, for the prohibition of monopolistic and restrictive trade practices and for matters connected therewith or incidental thereto. Therefore, in common parlance, the MRTP Act, 1969 aimed at preventing economic power concentration in a few hands, the intention behind this was to avoid damage, with the end result protecting consumer interest and the economic society at large. HISTORY OF THE MRTP ACT, 1969 Post independence, when the Constitution of India, that is, the Blanket-cover regulator, was being enacted and adopted, the most important Articles which provided for recognising the effect of the MRTP Act, and preventing and avoiding damage were Article 38 and Article 39 of the Constitution, which was adopted and enacted and came into effect on the 26th  day of November, 1949. Article 38 of the Constitution provides for the Directive Principles of State Policy which mandates upon States to secure a social order for the promotion and welfare of the people. This provision recognised the need to eliminate and minimise the inequalities in income, which applied not only to the individuals but also to the groups in different areas. However, the MRTP Act of 1969 owes its existence to the provision provided under Article 39(c) of the Constitution of India which provided that the States shall strive to secure  that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment. The preamble to the MRTP Act rests on this very provision of the Constitution of India. In the case of  State of Bihar  v. Kameshwar Singh  , the Court was of the opinion, that, a law aimed at doing away with the concentration of big blocks of land in the hands of a few individuals would sub-serve the directives laid down in sub-clauses (b) and (c) of Article 39 of the Constitution of India. Taking this judgment into perspective, the preamble to the MRTP Act, 1969 gets reinstated where the objective or the intention f the legislature behind enacting such an Act is to avoid damage by concentration of economic power in the hands of only a few and thereby causing damage. However, the MTRP Act was not a result of just the two provision of the Constitution of India. After enacting the aforementioned articles, the Government of India assumed the responsibility of overall development of the country. It was incidentally that the Government appointed the ‘Mahalanobis Committeeâ₠¬â„¢ on the Distribution of Income and Levels of Living in October 1960. The main task at hand for this Committee was identifying the pattern of work of large business houses under the ‘planned economy’ regime and whether there was any concentration of economic power. It was after this Committee that the Monopolies Inquiry Commission (MIC) was set-up in 1964 which reported that there was high concentration of economic power in over 85% of industries in India at that point in time. MONOPLIES INQUIRY COMMISSION (MIC) †¢ MIC appointed under Commission of Inquiry Act, 1952 †¢ Scope of inquiry – extent and effect of concentration of economic powers in private hands. TOR excluded agriculture sector and public sector †¢ MIC to suggest legislation and other measures to protect essential public interest and also suggest agency for enforcement of the legislation FINDINGS OF THE MIC †¢ Adverse social effects of economic concentration †¢ Government policies one of the main causes of economic concentration †¢ Managing agency system †¢ New technology – scale of production †¢ Birth of equity culture – increase in size †¢ War efforts of India †¢ Political largesse †¢ MIC used CR3 †¢ Studied 100 products †¢ 64 products were found having CR3 > 75% Infant milk food, biscuits, chocolates, tea, coffee †¢ Dhoti, saree, shirting †¢ Kerosene, coal, petroleum †¢ Lantern, stove, fan, lamp, radio, refrigerator, geyser †¢ Tooth-paste, razor, blade, cigarettes †¢ Vitamins, penicillin †¢ Cars, commercial vehicles, tyres †¢ Cement, sanitary-wares etc †¢ MIC distinguished between industry-wise concentration and country-wise concentration †¢ Large number of industries had either single supplier or one supplier having large share of market. †¢ Collusive behaviour in certain sectors †¢ Entry barrier created by private players Evidence of predatory pricing †¢ Many public sector enterprises enjoyed monopoly †¢ Many restrictive trade practices (RTP) prevalent †¢Hoarding †¢ Re-sale price maintenance †¢ Exclusive dealing †¢ Price fixing †¢ Boycott †¢ Price discrimination â€Å"Big business by its very ‘bigness’ sometimessucceed in keeping out competitors† RECOMMENDATIONS OF MIC †¢ Non-legislative recommendation †¢ Setting up public sector enterprises in sectors which have little competition †¢ Promoting SMEs and Cooperatives to challenge private monopolies †¢ Continuation of license system and import restrictions Proposed an autonomous Commission headed by a Judge to implement a new law. †¢ The proposed commission to have an investigating arm †¢ Punitive powers to the Commission †¢ Scope of merger control limited to merger involving a dominant enterprise (at least 1/3 of share in production/ supply/distribution) †¢ All proposals for expansion by dominant enterprises to be approved by the proposed Com mission †¢ IPRs to be under the purview of the proposed law. MRTP ACT †¢ Made some significant departures from the recommendations of MIC †¢ RTP prohibited MTP – Government can refer to MRTPC for inquiry and recommendation †¢ M & As – powers entirely with the Government †¢ Enterprises having Rs. 200 million in assets and dominant enterprises having Rs. 10 million in assets to seek prior approval of Central Government for expansion or setting up a new undertaking †¢ MRTPC had limited Civil Court powers – enforcing attendance of witness and calling for documents – these powers were not provided to the investigating agency †¢ Trial of offences in the domain of Courts SACHAR COMMISSION †¢ Set up in 1997 to consider the working of MRTP Act and recommend necessary changes. FINDINGS OF THE SACHAR COMMISSION †¢ Reviewed the working of MRTPC during the period 1970-77 †¢ Found that the actual role of MRTPC was limited and mostly advisory †¢ The Government had not made use of the expertise – few references to MRTPC for opinion RECOMMENDATIONS OF THE SACHAR COMMITTEE – I †¢ Definition of dominant enterprise to be changed –enterprises with ? arket share to be termed dominant †¢ Harmonization of definition of ‘goods’ in the MRTP Act with the Sale of Goods Act †¢ Inter-connected undertakings concept to be introduced to the MRTP Act †¢ Government Undertakings to be brought under purview of MRTPC †¢ Compulsory reference by the Central Government on MTPs to MRTPC †¢ All M&As to be referred for advise of MRTPC, if the Central Government so desires. †¢ Division of enterprises - MRTPC to pass final orders if the Central Government referred the matter to it. Certain Unfair Trade Practices (UTPs) like misleading advertisements to be inserted in the Law †¢ Power to compensate against injury †¢ Power to grant interim injunction †¢ Power of contempt †¢ Investigating arm to be provided more teeth by powers of conducting down raids and limited Civil Court powers 1984 AMENDMENT TO MRTP ACT †¢ Many deviations from the recommendations of the Sachar Committee †¢ Concept of deemed illegality to host of trade practices introduced †¢ Exclusionary behaviour, tie in sale, re-sale price maintenance, bid rigging, allocation of market, boycott predatory pricing etc. Registration of agreements by dominant enterprises made mandatory †¢ Mis-representation as well as misleading or disparaging advertisement included †¢ Provisions prohibiting UTPs introduced 1991 AMENDMENT TO THE MRTP ACT †¢ Provisions dealing with monopolistic en terprises seeking prior Government approval deleted †¢ Government Undertakings, Government Corporations and Government owned Companies brought under the purview of the MRTP Act by notification †¢ Granting of injunction without issue of notice to the effective parties PROVISIONS IN PRESENT MRTP ACT Has jurisdiction in RTP & UTP – 14 practices are deemed RTP, but there are gateways in S. 38 †¢ MTP if referred or suo moto, but can only recommend to Government †¢ M & A were deleted in 1991 †¢ Can grant temporary injunction †¢ Has powers of contempt †¢ For disobedience, MRTPC must complain to criminal court RAGHAVAN COMMITTEE †¢ A high level Committee on Competition Policy and Law set up in 1999. †¢ TOR inter-alia included recommending a suitable legislation framework which could either be a new law or appropriate amendments to the MRTP Act FINDINGS OF THE RAGHAVAN COMMITTEE †¢ Word â€Å"competition† used sparsely in the MRTP Act – only twice †¢ Absence of precise definition e. g. Cartels †¢ Inadequate to deal with implementation of the WTO Agreements †¢ No specific powers under the MRTP Act to deal with mergers †¢ Inadequate in dealing with anti-competitive practices as in other modern competition law †¢ Expedient to have a new Competition Law. Competition Commission of India: Duties Competition Act, 2002 notified in January, 2003 – Stated objective (as indicated in Preamble) is to establish the Commission to: †¢ Eliminate practices having adverse effect on competition; †¢ Promote and sustain competition Protect consumers’ interests †¢ Ensure freedom of trade carried on by other participants in markets in India [Section 18]Preamble of the Competition Act, 2002 States: â€Å"keeping in view the economic development of thecountry†, †¢ to prevent practices having appreciable adverse effect on competition; †¢ to promote and su stain competition in trade and industry: †¢ to protect the interest of consumers; †¢ to ensure freedom of trade carried on by the participants in markets in India; †¢ Objectives to be achieved through the establishment of the Competition Commission of India (CCI). The Competition Act, 2002 – new wine in a new bottle There is a significant contrast between the repealed MRTP Act and the Competition Act. The intent of the Competition Act is not to prevent the existence of a monopoly across the board. There is a realization in policy-making circles that in certain industries, the nature of their operations and economies of scale indeed dictate the creation of a monopoly in order to be able to operate and remain viable and profitable. This is in significant contrast to the philosophy which propelled the operation and application of the MRTP Act. The word monopoly is no longer taboo in corporate and political India. The Act declares that person and enterprise are prohibited from entering into a combination which causes or is likely to cause an â€Å"appreciable adverse effect† on competition within the relevant market in India. A system is provided under the Act wherein at the option of the person or enterprise proposing to enter into a combination may give notice to the CCI of such intention providing details of the combination. The Commission after due deliberation, would give its opinion on the proposed combination. However, entities not required to approach the Commission for this purpose are public financial institutions, FIIs, banks or venture capital funds which are contemplating share subscription, financing or acquisition pursuant to any specific stipulation I a loan agreement or investor agreement. The Act definitely is a new wine in a new bottle. The Competition (Amendment) Bill, 2006 The Competition (Amendment) Bill, 2006, contains provisions designed to address the Supreme Court’s concerns. It also proposes to make several other changes in sections of the Act dealing with anti-competitive practices. Some proposed amendments are quite sensible, while others (notably a modified leniency programme for firms that provide information about their participation in a cartel) have been inadequately thought out. The amendments designed to placate the Supreme Court will also have some negative consequences. Several weaknesses in the original Act remain unaddressed. Finally, the scarcity of the kind of economic expertise required to interpret the Act’s multifarious technical clauses also remains a matter of concern. Intensive capacity building and a re-assessment of the Act itself are urgently required. Conclusion The quality of governance of the state is being watched very closely by the citizens, investors and the international community. As more freedom is available to businesses to choose from various countries for investment, the competing governments are also conscious about the role of governance in attracting investment. Any perception that the environment is not conducive to competition and the state has been captured by a few big businesses certainly negatively affects the global investment decisions of firms. The same is also true of the situation within different provinces in a country as same considerations are used by the firms in making investment decisions while choosing locations for establishment of an industry. In a market structure where firms face weak competitive pressures and the profits and prices are predictable the firms have little or no incentive to use resources efficiently. Hence competition is accepted worldwide as the life blood of the market economy. It spurs innovation and higher productivity leading to accelerated economic growth; to the consumers it brings the benefit of lower prices, wider choices and better services. The effect of competition on price and accessibility is best illustrated with an example from Indian telecommunications. Tele-density in India has risen from mere 2. 32 in 1999 to 11. 32 in December 2005-07. Also there has been a dramatic fall in telecom tariffs from Rs. 6 per minute to Re. 1 per minute with increased competition in this sector. Similarly, consumers have benefited from competition in other sectors such as civil aviation, automobiles, newspapers and consumer electronics. The enactment of the Competition Act is a commendable step towards achieving the twin mantra of â€Å"open market economy† and â€Å"liberalization† in a mixed economic system. The need for reform in the legal system with regard to comp etition law has been rightly recognized by the legislative bodies in the country. However, the reforms have not been smooth or speedy which has resulted in a stagnation of the legal framework guiding the corporate sector. Further reforms need to be undertaken as fast as possible to ensure that the development of the nation does not take a backseat due to the pending legal reforms. Reforms must provide for good corporate governance, less of government controls and interference, protection of consumers and public interest, rewarding the merits and all to be achieved as soon as possible because world has also options available other than India.

Tuesday, October 22, 2019

Analysis Of Todays Consumerism Anthropology Essay

Everlasting consumerism has shaped the manner twenty-first century landscape looks like. It creates limitless demand of merchandises and shops in any possible infinite. Retail design is responsible to change over this possible infinite into a ‘consumerism infinite ‘ . It is where people encounter strong force to see and purchase merchandises. A perfect illustration to demo grounds exists in manner universe. There is strong indicant of tense competition happens between dressing industry to win the market. In relation to that, the shop has become one cardinal facet or instead a strong statement to make trade name consciousness among public. The inquiry arise is how, in a comparatively over-saturated market, a shop can be perchance designed to convey strong message to pull the ‘crowd of consumerism ‘ into the infinite.1.1. Consumerism TodayThe thought of consuming has changed over the past decennaries. Back to the early human civilisation period, most of the acti vities were needs-driven actions. Earlier, as huntsman gatherer, human hunted animate beings to be able to eat. Followed by agricultural period, agriculture and works cultivation were done to bring forth their nutrient. Consuming was a mere activity that must be done in order to last. In Industrial and technological age, the manner people consume things has changed. As more diverse merchandise being produced and diverse ways of distribution being invented, there are pleasure factors of devouring in signifier of picks. Peoples find excitement in taking what they want to devour. This leads to modern consumerism where the construct of consuming goes beyond the demands of endurance.1.2.Shopping as Modern ConsumerismShopping is the twenty-first century ‘s representation of human consumerism. Peoples find delectations surrounded by scope of different stores and trade names. To be able to take and compares is the high spot of modern life consumerism. In signifiers of choosing, purcha sing, and utilizing, shopping has catered these demands. Shopping can be seen as in a positive manner of carry throughing people ‘s demands and wants. But seemingly, it has developed so fast, in footings of activity, infinite, and merchandises. And over the past decennaries, it becomes major facet in human life. Museums, libraries, airdromes, infirmaries, and schools are going progressively identical from shopping. Their acceptance of retail for endurance has unleashed an tremendous moving ridge of commercial entrapment that has transformed museumgoers, research workers, travellers, patients, and pupils into clients ( Koolhaas cited in Luna, 2005, p.26 ) Shopping is arguably the most cosmopolitan activity today. The manner interior decorator design infinite has to follow this thought every bit good. Space has to be designed in such a manner to suit this, to enable people to shop anyplace, anytime.1.3.The Being of Fashion RetailFashion retail possibly is the best illustration to portray the modern consumerism. It shows how people thirstily choose what they wear under the limelight of diverse manner trade names. If the instance is taken to a higher degree, it demonstrates evidently how people determinations are led by pick alternatively of demands. High category manner trade names such as LMVH, Gucci, and Prada exist to function beyond people ‘s demand of vesture. They meet people ‘s desire for picks for scope of luxury merchandises.1.4.Fashion of SingaporeSingapore cityscape pictures clearly the being of international manner trade names. They, so, has become one strong attractive force point of Singapore for both local cos tumiers and tourers. Singapore is one of the chief competition spheres for these elephantine manner trade names in Asia. To be able to run into clients ‘ demand, every trade name has to come up with high-end design for its retail. Design and engineerings are optimized in its usage to hike the shopping experience that lead to trade name consciousness. All these things have to be done so that people will take certain trade name and non others. Orchard Road is a good illustration picturing the competition among these trade names. Interior design, facade intervention, show engineerings are being optimized to pull walkers along the route.2.Retail MetempsychosisPeoples find pleasances in taking what they want. Retail has two different attacks in response to the demand. First, they must be able to supply a scope of merchandises for clients to take. Second, the retail itself capable to competition. That means it is besides considered one of so many picks in the market. In this affair, the retail has to turn out to the market that it is deserving chosen. The trade name, the merchandises, and the shop has to work together to stand out and creates strong consciousness in the market place. Retail has to rebirth, go forthing old conservative manner of advancing trade names, and making fresh interaction between merchandises and clients.2.1.Brand ManifestationWith a strong competition in the manner market, a strong typical image of a trade name is required to make public consciousness. The instance is non lone competition among merchandises but besides continues to the environment where the merchandises being promoted. At this phase, a shop has become cardinal tool for the trade name to make its images. A flagship shop is designed to represents the individuality of the trade name so. For new clients, the shop become the first things that attracts them before they go farther down to the merchandises being offered or even before they see the window shows.2.1.1.Design for the Trade namesArchitecture and interior design are responsible to make environment to present merchandises to clients. Fashion retail, irrespective of manner, tendencies, or trade name individuality, should be able to make client consciousness and excite them to come and take it alternatively of other stores. This is the cardinal map of retail design before it goes down into a deeper and more specific case-based map. On higher degree, the designer or interior interior decorator must understand the nature of cloth and how single manner interior decorator, that is being represented, has their personal technique to handle it. This alone quality is the 1 that gives character to a trade name. The character, so, must be translated into the infinite in order to make strong statement of the trade name.2.1.2.Emphasizing Fictional characterIn order to be typical in an over-crowded market, a strong character of the trade name is required. This character is projected from the manner the trade name transport itself to the market. It consists of scope of merchandises and service being offered, and the environment of where the commercial activities take topographic point. Retail design has to be able to make the ambiance that span clients and merchandises. The shop acts as a bundle and shelter, literally and metaphorically, to the trade name. The character will merely be emphasized if there is integrity between the trade name, the merchandise, and the shop.2.1.3.Characterizing StructureA shop as a physical shelter might be more than plenty to envelope the commercial activity go oning under it. But in manner universe, it goes farther than functionality. More than merely a topographic point to expose the merchandise and supplying circulation for people to walk and shop the merchandise, the retail has to associate itself to the merchandise and the company doctrine. In other words, the shop has to set up relation, in signifier and intent, with the apparels. The physical constr uction, that provide commercial environment, has to intermix in with the apparels and make overall integrity. Merely by this manner, the client will see the bigger image of the trade name, and non loose pieces of the trade names. One ideal illustration of harmoniousness between trade name and shop is shown in Calvin Klein shop located in Avenue Montaigne, Paris. Its shop, designed by John Pawson in 2002, made a good illustration of how the character of the apparels -especially the early Calvin Klein ‘s work- has been translated into the retail infinite. ( Klein ) has said â€Å" It ‘s of import non to confound simpleness with uninteresting, † and executes his simplified, refined, sportswear-based forms in epicurean natural fibres, †¦( Stegemeyer, 2004, p.130 ) It is the thought of simpleness that is systematically conveyed through the trade name, merchandises, and shop. Straight lines and clear infinite sequences brings out the lucidity of the apparels, making a clean and elusive atmosphere of the shop. The coveted simpleness atmosphere is reinforced through impersonal coloring material that is achieved by stuffs and illuming installing.2.2.Design DifferentiationA character manifestation to a infinite is inevitability necessities to make strong trade name consciousness. However, irrespective of the trade name that is being represented, manner shop can be typical by itself. It is a 2nd measure after set uping strong representation of the trade name. This is about different attack from the experience side, researching the interaction between merchandises and clients in a conducive controlled environment. In other word, it redefines the manner people shop inside a shop, making a fresh shopping experience.2.2.1.New Fashion Stores FundamentalWi th Singapore landscape that has been over-crowded with shopping promenades and retail shops, the creative activity of retail shop should be more carefully considered. When the market is driven by consumerism, the rate of retail formation will go on to lift up. However, any retail creative activity should see avoiding similar add-on to the bing scene that might make impregnation to market. It is a scheme to hedge the similarity and, at the same clip, open up a opportunity to stand out in the market place. To turn to the issues, the shop must provide certain factors in its design attack in malice of the trade name it conveys.2.2.2.Flexible Frequent SpaceRetails should be able to update themselves often. It has to be able to accommodate to new merchandises, seasonality, and client tendencies. There is a high degree of experimentation in retail design. It relates to manner, and manner alterations invariably, is surprising and wants to make experiences ( de Wild, 2009, p.14 ) In progress degree, apart from the impermanent things, it has to alter in order to make different interaction between clients and merchandise in each brush. In other word it needs to switch, non merely in footings of layout, but in a bigger shop strategy. By using this construct, it is non merely the window shows that change every clip new merchandises are launched, but the whole shop represent the show that able to alter wholly. The thought can be achieved by using modular system for the furniture, puting digital multimedia interface, utilizing less heavy fixed show furniture, and put ining replaceable illuming systems.2.2.3.Centre of Social ActivitiesThe new construct of retail shop is non simply about providing commercial activities -selling, advertisement, and purchasing. It is to integrate retail infinite and communal infinite to be a societal meeting point. With the planetary tendency of denationalization, I think we are most interested in the thought of shopping as a new sort of public infinite. How can we enrich these experiences? Can we convey new content, information, thoughts and ocular experiences to shopping in a thoughtful and dynamic manner? ( Seller, 2009, p. 23 ) The thought is to ease people do many other animating activities in their shopping clip. This thought can be done by open-space construct shop, creative activity of different communal infinites inside the shop, and even distribution between merchandise show and cosmetic points -plants, resting furniture, etc. The ideal integrating of societal infinite and commercial infinite is when people are able to rest and relief without any force per unit area to purchase while they are unconsciously take pleasance in the merchandises and tempted to purchase.2.2.4.Cultural RelevanceLocal relevance is of import to do a shop appears hospitable. Establishing relation with the local civilization is important to associate the planetary trade name to smaller local market. Selling merchandises is non about pelting possible clients with the planetary merchandises. Alternatively, it has to be relevant to the context and understand local clients. This can be manifested through adaptative re-use of local l andmark as retail infinite, redevelopment of historical aged edifice, and design merger between trade name character and local civilization. The new construct shop is about being able to unite the attraction of the trade name with local gustatory sensation to make strong invitation and besides sense of belonging to clients. The design attack mentioned above can be applied into a shop regardless of trade names and merchandises. The intent is to make new manner of shopping. Back to the statement before where people find satisfaction to be able to take, it is how the choosing activity can be more valuable and rich in experience. When this attack merged with the trade name character, it becomes a holistic bundle that convey strongly to the market place. The mission is accomplished when people find delight in choosing and be able to trustingly take the trade name.3. DecisionThe consumerism-driven market will do people enthusiastically choose the merchandises they want. With an over-saturated market in Singapore, an unconventional design is required to for a manner retail to be typical and therefore, win the market. First, the shop has to attest the trade name that it represents. The shop design must convey the trade name and merchandises philosophy to make holistic image and strong trade name consciousness. Second, in footings experience, it must make refreshing and enriching manner of shopping. In effort to accomplish the experience, shop demands to be designed with consideration of three attacks ( flexible frequent infinite, centre of societal activities, and cultural relevancy ) . The new retail shop requires changeless altering in order to supply up to day of the month shopping experience for clients. A shop has to be a societal assembly more than a commercial topographic point, supplying a placid customer-oriented ambiance. Additionally, it is necessary for a shop to hold a connexion with local context and make a sense of belonging in clients mind.BibliographyAntonini, Alessandra. 2008.Design Boutiques. Barcelona: LinkssDesign Council, 2009.Retail Design. [ Online ] ( Updated 26 Oct 2008 )Available at: hypertext transfer protocol: //www.designcouncil.org.uk/About-Design/Design-Disciplines/Retail-Design/ [ Accessed 17 January 2010 ]de Wild, Femke. 2009. Retail Future.FRAME. Issue 69, Jul/Aug, p.14.EnterpriseOne, 2009.Recent Retail Trends & A ; Future Developments. [ Online ] ( Updated 01 Jan 2010 )Available at: hypertext transfer protocol: //www.business.gov.sg/EN/Industries/Retail/StatisticsNTrends/FactsFiguresNTrends/retail_overview_trends.htm [ Accessed 12 January 2010 ]Harvard Design School. 2001.The Harvard Design School Guide to Shoping. Cambridge: TaschenPawson, John.Calvin Klein Store Paris[ Photographs ] [ Online ]Available at: hypertext transfer protocol: //www.johnpawson.com/architecture/stores/calvinklein/paris [ Accessed 5 April 2010 ]Luna, Ian. 2005.Retail. Architecture + Shoping. New York: RizzoliManuelli, Sara. 2006.Design for Shoping. London: Laurence KingMostaedi, Arian. 2004.Cool Shops. Singapore: Page OnePawley, Martin. 2000. Fashion + Architecture. London: Wiley-AcademyRiewoldt, Otto. 2000.Retail Design.London: Page One2002. Brandscaping. Berlin: BirkhauserSellers, Susan. 2009. 2Ãâ€"4, Inc on interview with Idn.Idn vol 15 figure 6,pp.22-23.Singapore Department of Statistic. 2009. Yearbook of Statistics Singapore.Statisticss Singapore[ Internet ] ( Updated 13 Aug 2009 )Available at:www.singstat.gov.sg/pubn/reference/yos09/yos2009.pdf [ Accessed 10 January 2010 ] .Stegemeyer, Anne. 2004.Who ‘s Who in Fashion. New York: Fairchild Publication.

To be Alone (Of Mice And Men) essays

To be Alone (Of Mice And Men) essays John Steinbecks Of Mice and Men paints a grim picture of human tendencies. The greatest downfall of human nature is the way in which people seek to harm others to make themselves feel stronger. This novel touches on various social minorities and the manner in which each is dealt with by the superior classes. The portrayal of women of the 1930s in Steinbecks novel is less than flattering. They are the root of all evil, intentionally leading to the downfall of man. In a time where women just received the vote not a decade before, it is obvious that a females role was not a prominent one in any setting. The only significant female of the story, Curleys wife, is initially portrayed as the temptress, prowling around the ranch looking for trouble in the form of a susceptible man. But as the story goes on, she becomes increasingly complex, and some motives to her madness are revealed. She got the eye. This is the first reference to Curley s wife, given by the old man, Candy. His bias as an older gentleman, who grew up in the mid 19th century could have something to do with his opinion. Women during his era, projected chastity and innocence. Curleys wife seems anything but chaste and innocent. Upon meeting George and Lennie for the first time, she flirts shamelessly and her bold disposition is evident. She put her hands behind her back and leaned against the door frame so that her body was thrown forward. Everything implies that she is unfaithful and unashamed. Her exchange with Lennie reveals why. In her first and last personal conversation shared with the readers, she discloses that she married Curley out of convenience and doesn t even like him. It was an opportunity to escape the authority of her mother, but instead led to another confining relationship. Her relations with other people are just one of her many downfalls. Another co...

Sunday, October 20, 2019

Bleeding Kansas, Book Review Essays

Bleeding Kansas, Book Review Essays Bleeding Kansas, Book Review Essays Civil War History 26 November, 2013 Bleeding Kansas: Contested Liberty in the Civil War Era (Nicole Etcheson) Bleeding Kansas is the term referring to the conflict on the Kansas-Missouri border as to whether the territory of Kansas was to be permitted as a proslavery state or an abolitionist state before and during the Civil War. This conflict was waged on the border-towns of both states and atrocities were committed by both parties. Missouri was to be a slave state based on the Missouri Compromise, which was formed to help alleviate the pressures of the rising slave question in the United States. When the Kansas-Nebraska Act was put into place, it gave the settlers of these two territories popular sovereignty as to whether they would become abolitionist or proslavery states. Bloodshed ensued when agreements could not be made on the position of the territory of Kansas in this debate. The Missouri Compromise was put into action to equal the number of slave and free states in the United States. From this compromise: Maine would become a free state, Missouri would become a slave state, and the Great Plains' territories would become free states (with the exception of the Arkansas Territory, which would become proslavery). It is said that the compromise withheld the United States from plunging into Civil War in 1820, until it was repealed with the Kansas-Nebraska Act of 1854. The Kansas-Nebraska Act of 1854 gave the people of these two territories the right to decide the position of the states when they would be admitted into the United States. The passage of this act formed the Republican party who opposed the idea that the wealthy land/slave owners of the south could simply purchase land and vote accordingly to hold these â€Å"properties.† Abolitionists from the east poured into the state to quickly claim land, while Missourians who wanted the state to be proslavery did the same. Both factions claimed land before they even saw the soil, pointing out claims on a map. When they arrived, however, some claims were already made by the other party. The purpose of these claims were to gain a political advantage over the other to change the position of the state towards slavery via votes. Many Missourians laid four logs as a foundation of a house and returned to Missouri until after the Spring harvest, then would return to build. The population of the territory before the repeal of the Missouri Compromise was less than 800 people. Nine months after the Kansas-Nebraska Act came about, the population rose to over 8,000, many settling on the Kansas-Missouri border. The first governor of the Kansas territory was a Democrat named Andrew H. Reeder, appointed by President Andrew Pierce. He claimed that, in order to vote on the matter, you must live, and continue to live in Kansas even after the vote was decided. Reeder supported an election to elect someone to be represented in Congress, and J. W. Whitfield won by a landslide. The vote is said to have been biased because of the Missourian presence at ballot boxes and the deterring of abolitionists from voting by force. Abolitionists were outraged and feared rule by the Missourian proslavery â€Å"ruffians.† The next governor of the territory was Wilson Shannon, a former governor of Ohio. When Missourians came across the border to siege Lawrence (abolitionist town), Shannon gave the people of the area the right raise a militia to thwart off the attack. With aid from the winter cold they chased the Missourians out of Lawrence. The aggression/retreat of the Missourians at Lawrence was named, â€Å"the Wakarusa War.† It proved to the abolitionists of the state that they did not have to be repressed by the people of another state and could make the state a free state. Thomas Barber was credited as a martyr for the abolitionist cause, and made the

Saturday, October 19, 2019

Assessing user needs in tourist information centres Essay

Assessing user needs in tourist information centres - Essay Example About 32% of the travellers stopped to get tourism related information. Common reasons of staying at tourist information centres were easy reach, rest rooms and comfort and not leaving the interstate. 52% of the surveyed welcomed the idea of tourist information centres away from the interstate locations. Tourist information centres are, thus, crucial communication channels in tourism promotion by arousing curiosity of travellers about tourist destinations. The survey indicates the dire need of developing some system to fulfill travellers’ information-needs (Fesenmaier, 1994). A visitor information centre is a First Stop for travellers. Its refreshing, appealing and aesthetic surrounding adds to the charm of a visiting place. The visitor centre of Old Naples is a model of the reputation and growth, the Old Naples has made. The visitor centre is equipped with interactive bells and whistles, booths, kiosks, and visuals. Features include: Visitors stop by the information centres for a number of other reasons like to view the calendar of events on roll, to pick up their savings card, avail internet access, read restaurant recommended and reviewed, avail discounted hotels and get reservation, get information on visiting destinations and rental’s information (http://www.napleschamber.org/chamber/vic.aspx). According to research made by Li, Hwang, and Fesenmaier, University of Illinois, tourist information centres are used mostly to get information on highway maps (82.1%), Illinois Travel Guide (26.9%), Appealing information (23.7%), residing information (21.7%), and recreational activity information (13.8%). The least accessed information was on area guides (6.4%), shopping (5.1%), and Golf Illinois Guide (3.4%). Interesting thing came to the notice was that those who visited the information centre for information gathered a good chunk of travel material in comparison to other visitors. Relevancy of trends was

Friday, October 18, 2019

Limiting Factor Essay Example | Topics and Well Written Essays - 1500 words - 1

Limiting Factor - Essay Example This variable cost rate for each department is allocated in order to cover costs such as machine time, electricity, maintenance, and equipment depreciation (Banker, Datar, Kaplan). As we can see our total production cost for each unit of product X, Y, Z consists of a variable cost rate and total labor from all three production departments. The total production costs for each unit of product X was  £752,  £804 for product Y and  £1084 for product Z. Taking into consideration the total required units of production for each product line for the whole year, the total production costs for Product X was  £11,280,000,  £9,648,000 for Product Y, and  £13,008,000 for Product Z.  £33,936,000.The fixed overhead costs budget for the plant, regardless of output level is  £2,400,000 a year. Total income (total revenue - total variable costs – fixed costs) for the year utilizing the original production budget equals  £1,224,000 (Imanet, 2008). According to our sales manager there is a limitation on producing any additional units of production. Department B does not have any additional production capacity due to lack of skilled labor workers which to hire in order to accommodate any additional manufacturing output. By performing a cost volume profit analysis of our product line we can determine which product mixture will provide maximum profit maximization potential based on the manufacturing limitations with relation to Department B (Horngren, Foster, Datar, 2000). The contribution margin of a product provides the user with the amount in pounds that each individual unit sale contributes towards income after all variable expenses have been deducted. Through a comparison of the contribution margin percentage of all three product types we can plainly see that the most profitable product type is X with 10.48% or  £88 per item sold. Although Product Z provides the highest gross margin amount with  £116, it stands as the se cond most profitable

Aboriginal Maternal Health and Outcomes Essay Example | Topics and Well Written Essays - 2000 words

Aboriginal Maternal Health and Outcomes - Essay Example Aboriginal and Torres Strait Islander women have shown some improvement in healthcare practices, but the rates are still higher than non-indigenous women. The teenage mothers’ rate of birth was at 18.6% in 2010 compared to 3.4% among non-indigenous mothers. Mothers starting antenatal care at less than 14 weeks increased to 71.3% which was a good sign, but those starting the same care at less than 20 weeks also increased to 84.1% from 74.8%. These percentages are very high compared to non-indigenous percentage of 6.9% from 11.2% (Centre for Epidemiology and Evidence, 2012). This is clear evidence that antenatal care attendance is very poor. There are other high rates or figures measuring Aboriginal and Torres Strait Islander women performance and outcomes in healthcare. These are summarized in the table above.An Antenatal Strategy That Could Be Implemented To Improve Maternal and/or Fetal OutcomesThe poor outcomes can be attributed to culturally unsafe practices, and inequities in service delivery. Kildea and others (2012), evaluated the impact of antenatal care that utilized a combination of cultural practices and standard practice antenatal care, and provided recommendations on what was appropriate. In this research, there was a specialist's antenatal clinic. Since the researchers had established that Aboriginal and Torres Strait Islander women had poor outcomes when it comes to infant mortality rates and the infants’ well-being, this antenatal clinic proved to be very beneficial.

Womanist Theology Research Paper Example | Topics and Well Written Essays - 1500 words

Womanist Theology - Research Paper Example Many theological stories associate African American women with motherhood. Black women had a strong bond with their children and existed in Africa before their movement to America as slaves. Fathers could not assume their responsibility mainly due to reasons emanating from slavery in plantations or studs. As such, black women had to nature their children on their own due to slavery. In other parts of Africa, black women earned their living through working as market women whereas in the America slave mothers worked in plantations and if they were city slaves, worked in other capacities as hired slaves. This paper will discuss womanist theology basing its argument from theologian Delores Williams, the writer of The Sisters of the Wilderness. According to Delores Williams, a host of alien political and social forces controlled the black woman and shaped her present life. During slavery times, Anglo American family and social demands controlled her life and thus in the course of her life , she found herself falling victim of cultural redefinitions and black male female crises as well as role exploitation. These crises affected the black woman’s well being seriously and as s result; the new world of slavery in America adjusted her to meet the American institutional needs during those times. Theological studies based on literary history reveals the role of African American women as vital in development of community since the time of antebellum in North America throughout today. Black women used religion to console themselves upon encountering emotional, psychological, spiritual exploitations from the white world and even some black community members. Black mothers used to serve as mammies in the white families back in slavery times however later, religion redeemed their role and reinstituted and made them important denominational mothers of the church. In this context, black African American women used to serve as powerful and figurative mothers of the church. Many slave narratives describe black African American mothers as burdened by bondage system between them and their children. However, of the hundred and thirty spiritual songs available in the Ballanta Taylor collection describe black mothers as helpful women, caring mothers, and nurtures filled with maturity. As opposed to spiritual songs, slave narratives projected the relationship between slave owners and black women as exploitative and negatively affected their well-being. Just as slave narrative narrated by Linda Brent, describe the relationship between the wife slave owner and the black mother as exploitative as the latter jargons avid her nurturing and mothering roles. Black or slave mothers manifested apparent and great strengths in not only nurturing and mothering their young ones; they also manifested their strength in their ability to endure as well as emerge victorious over suffering and pain that accompanied their hard roles. This endurance and later emergency of victor y related directly to slave mothers in depth dependence on God. This argument is evident spiritual lines of songs in religious faith revealed in both slave narratives and religious songs. In other instances within the story, mothers depended on religion on rearing their children. A particular slave named Sojourner Truth in the excerpt describes her mother as using religious ritual to bring up him. She always prayed to God to protect her and her son from the oppression of slavery. With that respect, it is evident that slave mothers who were black African American women used religion as a means of survival by asking God to take care of both themselves and their children. Strength among slave mothers is also evident in other tasks that she performed such as providing for,

Thursday, October 17, 2019

Disinvestment and reinvestment Essay Example | Topics and Well Written Essays - 1500 words

Disinvestment and reinvestment - Essay Example Disinvestment refers to the use of a concerted economic boycott, with specific emphasis on liquidating stock, to pressure a government towards policy or regime change. Ronald Reagan, the former American President during his regime the disinvestment movement was at its peak, also opposed it, instead favoring a policy of "constructive engagement" These principles called for corporations doing business in South Africa to adhere to strict standards of non-discrimination in hiring and promotions to set a positive example. The most frequently-encountered method of "disinvesting" was to persuade state, county and municipal governments to sell their stock in companies which had a presence in South Africa, such shares having been previously placed in the portfolio of the state's, county's or city's pension fund. Several states and localities did pass legislation ordering the sale of such securities, most notably the city of San Francisco. The Sudan Divestment Task Force collaborates with Amne sty International, International Crisis Group, a variety of international NGO's, and most of the major socially responsible investing firms in the US. Calvert, the largest socially responsible mutual fund company in the US, has explicitly endorsed the targeted divestment approach as one that exerts maximum influence on the Sudanese government while minimizing unintended consequences, such as the important development role basic commerce in Sudan plays in improving general living standards for all. In simple words Disinvestment takes place when proprietors or people stop investing in the community, building or neighborhoods and thus to end up with slum areas. Disinvestment hampers economic growth of a nation as a barrier of Urbanization. Demographically, the Urbanization denotes redistribution of populations from rural to urban settlements in a process associated with development of civilization. Since disinvestment phase of an economy yields zero to the social and even cultural enhancement of the people, I would feel empathy for the people and the locality during such dark time. From a philanthropic point of view, it curbs the birthright of the populace to live a better life for certain political or demographic reasons. If opportunity prevails, I would love to motivate the populace to work hard in order to attract investors for the welfare and development of the region. 2. Reinvestment as the etymology suggests stands for the economic period when investors foresee dividend in certain area of production and desire to sustain growth with their inputs. When a community or proprietor see value in the land and begin to rehabilitate an area that has lost value over the years and worth fixing such as water front properties paves the way to reinvestment. Remarkably, it is a product or urbanization. There are two major types of reinvestments; Capital Reinvestment and Manpower cohesion. Investors usually accumulate such funds from dividends, interest and capital gains earned in an investmentor mutual fundto purchase additional shares or units, rather than receiving the distributions in cash. Therefore, in terms of stocks, it is the reinvestment of dividends topurchase additional shares. On the other hand, in terms of mutual funds, it is the reinvestment of distributions and dividends to purchase additional units of that fund. Similarly, in terms of tax gain or loss harvesting, it is the realization of losses to offset a capital gains over liability. This is definitely a

Why Price Momentum Is Contrary to the Efficient Markets Hypothesis Assignment

Why Price Momentum Is Contrary to the Efficient Markets Hypothesis - Assignment Example The cash flow shocks, if embedded within the pricing, the price momentum can be observed. Or in a generalized manner, embedding any shock in the stock pricing implies the presence of price momentum.Shivakumar (2006) agrees that this phenomenon does seem contrary to the efficient market hypothesis, whereby, the hypothesis state that information is readily and equally available to all investors to ensure that the decision making of each is the differential amongst their strategy because the strategy is derived from information on which a decision is made. This concept is also agreed upon by Subrahmanyam (1998), Fama (1998) and Martin (2003) during their analytics on this model. Along similar lines, if information available to everyone is the same, then there is a consistency of information available in the market. Thus, a competitive environment shall prevail. However, this phenomenon exists in idealistic situations only, and on a general note, factors such as insider-trading, using pr ivileged information and so on do exist in markets globally. Subsequently, there are shockers – shocking news in the market – that prevail and the price of a stock fluctuates according to these shocks that can either be negative or positive; the former slides stock prices down, and the later carries it up, and the force that takes it up or down is known as the ‘price momentum’.Additionally, if the assumption of efficient market hypothesis would prevail, then equal information shall be available to all, and there would be presence of ‘shock absorbers’, because since an information would not just be available for certain individuals but for everyone, therefore, there would be not much of a shock for people to know about the case.

Wednesday, October 16, 2019

Womanist Theology Research Paper Example | Topics and Well Written Essays - 1500 words

Womanist Theology - Research Paper Example Many theological stories associate African American women with motherhood. Black women had a strong bond with their children and existed in Africa before their movement to America as slaves. Fathers could not assume their responsibility mainly due to reasons emanating from slavery in plantations or studs. As such, black women had to nature their children on their own due to slavery. In other parts of Africa, black women earned their living through working as market women whereas in the America slave mothers worked in plantations and if they were city slaves, worked in other capacities as hired slaves. This paper will discuss womanist theology basing its argument from theologian Delores Williams, the writer of The Sisters of the Wilderness. According to Delores Williams, a host of alien political and social forces controlled the black woman and shaped her present life. During slavery times, Anglo American family and social demands controlled her life and thus in the course of her life , she found herself falling victim of cultural redefinitions and black male female crises as well as role exploitation. These crises affected the black woman’s well being seriously and as s result; the new world of slavery in America adjusted her to meet the American institutional needs during those times. Theological studies based on literary history reveals the role of African American women as vital in development of community since the time of antebellum in North America throughout today. Black women used religion to console themselves upon encountering emotional, psychological, spiritual exploitations from the white world and even some black community members. Black mothers used to serve as mammies in the white families back in slavery times however later, religion redeemed their role and reinstituted and made them important denominational mothers of the church. In this context, black African American women used to serve as powerful and figurative mothers of the church. Many slave narratives describe black African American mothers as burdened by bondage system between them and their children. However, of the hundred and thirty spiritual songs available in the Ballanta Taylor collection describe black mothers as helpful women, caring mothers, and nurtures filled with maturity. As opposed to spiritual songs, slave narratives projected the relationship between slave owners and black women as exploitative and negatively affected their well-being. Just as slave narrative narrated by Linda Brent, describe the relationship between the wife slave owner and the black mother as exploitative as the latter jargons avid her nurturing and mothering roles. Black or slave mothers manifested apparent and great strengths in not only nurturing and mothering their young ones; they also manifested their strength in their ability to endure as well as emerge victorious over suffering and pain that accompanied their hard roles. This endurance and later emergency of victor y related directly to slave mothers in depth dependence on God. This argument is evident spiritual lines of songs in religious faith revealed in both slave narratives and religious songs. In other instances within the story, mothers depended on religion on rearing their children. A particular slave named Sojourner Truth in the excerpt describes her mother as using religious ritual to bring up him. She always prayed to God to protect her and her son from the oppression of slavery. With that respect, it is evident that slave mothers who were black African American women used religion as a means of survival by asking God to take care of both themselves and their children. Strength among slave mothers is also evident in other tasks that she performed such as providing for,

Tuesday, October 15, 2019

Why Price Momentum Is Contrary to the Efficient Markets Hypothesis Assignment

Why Price Momentum Is Contrary to the Efficient Markets Hypothesis - Assignment Example The cash flow shocks, if embedded within the pricing, the price momentum can be observed. Or in a generalized manner, embedding any shock in the stock pricing implies the presence of price momentum.Shivakumar (2006) agrees that this phenomenon does seem contrary to the efficient market hypothesis, whereby, the hypothesis state that information is readily and equally available to all investors to ensure that the decision making of each is the differential amongst their strategy because the strategy is derived from information on which a decision is made. This concept is also agreed upon by Subrahmanyam (1998), Fama (1998) and Martin (2003) during their analytics on this model. Along similar lines, if information available to everyone is the same, then there is a consistency of information available in the market. Thus, a competitive environment shall prevail. However, this phenomenon exists in idealistic situations only, and on a general note, factors such as insider-trading, using pr ivileged information and so on do exist in markets globally. Subsequently, there are shockers – shocking news in the market – that prevail and the price of a stock fluctuates according to these shocks that can either be negative or positive; the former slides stock prices down, and the later carries it up, and the force that takes it up or down is known as the ‘price momentum’.Additionally, if the assumption of efficient market hypothesis would prevail, then equal information shall be available to all, and there would be presence of ‘shock absorbers’, because since an information would not just be available for certain individuals but for everyone, therefore, there would be not much of a shock for people to know about the case.

Compare Shopping Online with Traditional Shopping Essay Example for Free

Compare Shopping Online with Traditional Shopping Essay Traditional shopping is going directly to the physical stores and purchasing the items whereas online shopping is purchasing the items from merchants who sell on the Internet. Since the emergence of the World Wide Web, merchants have sought to sell their products to people who surf the Internet. Online Shopping is widely perceived as a cheaper and easier way of finding lower prices and bargains in most sectors. However, both online and traditional shopping media are synergy to one another and yet still have several similarities and differences. Shopping online gives the user the opportunity to search for the product they want through endless avenues. Shopping online could be a great option because it can be time effective especially for those who have a busy life style or are just too lazy to get up to go to the store. The world of online shopping can make it easier to price shop. Instead of having to drive from store to store looking at prices only to find that, the best price was at the first store, you could simply switch from window to window on your computer. Also with online shopping, you can have items delivered right to your door. In addition, there is always the possibility of having to pay shipping costs when shopping online. Many online stores that will ship within a certain area free but many times if you are located outside of the city or area you will need to pay immense shipping prices. Companies have been trying to improve this negative aspect of online shopping by making deals like â€Å"spend over $200.00 and get free shipping†, but not all sites offer these deals. Security is another concern when it comes to online shopping. With online shopping, there is no way for you to know if someone is stealing your data. You do not even know if you will actually get the items, you purchase. This renders online shopping a bit more unsecure. By shopping in a traditional store, you can avoid shipping costs because you can simply take your items home with you after you purchase them. Customers can purchase the products directly by making selections by watching, touching, smelling, tasting, etc. They are near and easily available to the customers. Therefore, they can get the items immediately. Customers can get numerous options to purchase anything at lower prices at any time. There is less confusion, because the customer shops directly from physical stores. Customers can save money by getting the products at lower prices and by getting discounts from local storeowners. Generally, storeowners give excellent discounts for regular customers. Shoppers can also compare prices in different stores so that he or she can purchase an item at a lower cost and with good quality. Shoppers can also visit many stores, so he or she has several choices to store in different stores. If the shopper is not satisfied with products in one store then he can move to another store and purchase. Traditional shopping can be a recreational activity and it can be exercise for shoppers. It is easy to return the product, if the customer gets the incorrect product or a damaged product. There is no worry about security, such as fraud and lack of privacy in online shopping. Online shopping has grown to new heights over the last decade and shows no signs of regressing. The internet has brought practically every store in the world to the fingertips of anyone with internet access. Online shopping has grown so large that many companies are not investing in buildings and mall space, but rather in online websites and web advertising. Traditional shopping does have its positives, in terms of reliability and safety. Though online shopping is a global phenomenon, traditional shopping will not evaporate any time soon. In concluding, it is important, as an individual, to research whether online shopping or traditional shopping is effective for you, as both have its own hindrances. Source: Amy, Nutt (2009). Traditional Vs Online Shopping. Retrieved November 28, 2012 from http://EzineArticles.com/?expert=Amy_Nutt Darrell, Rigby (2011). The Future of Shopping. Retrieved November 28,2012 from hbr.org/2011/12/the-future-of-shopping

Monday, October 14, 2019

Mental Health Care: Legislation, Theories and Issues

Mental Health Care: Legislation, Theories and Issues Case Study, Working with Adults assignment (Mental Health). This paper is a discussion of the social work issues in the case of Mary, a 44 year old woman with a history of compulsory admissions under the MHA 1983. Mary has been variously diagnosed with bipolar disorder, psychotic depression: she is considered to have a borderline personality disorder and alcohol dependency syndrome. She is currently prescribed anti-depressants and a four-weekly anti-psychotic depot injection. Her 24 year old son, Pete, has a substance misuse problem, and lives nearby. Apart from support arising out of her contact with social services, Mary has intermittent support from her sister, Sophie, a social care worker who lives in a nearby town. The professional and clinical dilemmas implicit in Mary’s case are, arguably, highly indicative of wider problems in the diagnosis and care of the mentally ill . They are particularly relevant to the generic issues faced by social workers in many similar cases. Whilst it is obviously impossible to generalize, the fact remains that the type of care offered will ultimately depend upon the decisions made by the relevant professionals, a fact which brings into focus the complex system of checks and balances which has accumulated around mentally unwell clients and patients. As Golightly observes, ‘Mental health services are at a crucial stage of redevelopment which, by the time it is complete, will produce a service that is appropriate and responsive to service user needs.’ (Golightly 2008: p.2). Whilst this impetus is tangible and visible in various initiatives and policy changes, the fact remains that it ultimately depends upon a complex range of legislative, procedu ral and professional integrations, many of which remain very much a work in progress. Whilst this process is ongoing, it is up to practitioners themselves to mediate these processes in the interests of their vulnerable clients. Over and above this, it is important to retain an anti-discriminatory perspective, taking account of the preconceptions which may skew both analysis and practice in the case of certain issues. . As Thompson expresses it, truly anti-discriminatory practice must be ‘†¦part of a wider framework which reflects power and privilege differences and which hinge on social divisions. This brings us†¦.to the point†¦namely: if you are not part of the solution, you must be part of the problem.’ (Thompson 2006: p.78) 1. Critically evaluate the impact of salient legislation and policy in your work with Mary. The principle impact of salient legislation and policy in this case lays in the area of consent, and in particular the successive refinements to the processes through the client is adjudged to be either capable or incapable of determining the context in which their care should take place. Given that Mary has been compulsorily admitted under sections 2 and 3 of the Mental Health Act 1983 on five separate occasions in the last ten years, (the most recent only two years ago), it would seem that in her case the precedents militate against the obtaining of consent. As these episodes have also involved violence against both social work practitioners as police officers, any risk assessment would point to the fact of consent being unlikely, and appropriate contingencies being put in place as a matter of professional responsibility. The question is, do the intermediate consent arrangements introduced after 1983, and in particular the graduated approach to issues of consent which arise out of the Mental Capacity Act 2005 and the Mental Health (Amendments) Act 2007, offer practitioners – or Mary herself, a more positive trajectory? As suggested above, official intervention has taken the form of a whole new tier of intermediate legislation (discussed more fully below) which fills a perceived vacuum, and provides a range of new protocols for the social work practitioner and other agencies. As Bogg puts it, ‘With the inception of partnership arrangements between health and social care came awareness that the regulatory frameworks that governed each sector needed to be aligned.’ (Bogg 2008: p.9). Parallel to this development was the transformation of the Approved Social Worker (ASW) role into that of the Approved Mental Health Professional (AMHP). Questions remain as to the precise reasoning behind this development, and whether its provenance lays entirely in the re-framing of practice, or other contingencies. As Bogg points out, ‘While the initial implementation of the Mental Health (Amendment) Act 2007 will be to convert existing ASW staff into AMHP’s the opportunity for nurses, occupati onal therapists and psychologists to become ANHP’s will be available from the latter half of 2008, and these groups will therefore need to consider what this will mean for their practice and their professional perspectives†¦.One particular concern in relation to AW provision is that of an ageing workforce†¦the introduction of the AMPH enables other professions to take on the statutory role within mental health service provision, and potentially expands the availability and perspectives of the workforce.’ (Bogg 2008: p.116). 2. Critically explore the issue of consent and capacity with reference to Mental Capacity Act 2005 The facts of Mary’s mental health and her current emotional state would seem to suggest that obtaining consent from her would seem unlikely at present. It may be argued that the Mental Capacity Act 2005, and the provisions of the subsequent Mental Health Act 2007, represent the government’s cumulative response to converging concerns about individual liberty and the functioning of the human services with regard to mental health. As the government itself states, ‘The main purpose of the legislation is to ensure that people with serious mental disorders which threaten their safety or the safety of the public can be treated irrespective of their consent where it is necessary to prevent them from harming themselves or others.’ (Golightly 2008: p.48) They also encapsulate the dilemmas which beset government and jurisprudence in this sphere, and the hegemony of the European Commission of Human Rights over human rights law in general. In other words, the British government is not the master of its own fate with regard to the decision to deprive a client – or patient – of their liberty on the grounds of mental incapacity. The clearest evidence of this is the apparently intermediate status of the 2005 Act, which, although enshrined in UK law, awaits its substantive validation through other processes, as Golightly indicates. ‘Section 50 of the MHA has amended the MCA 2005 to provide safeguards for those incapable people over 18 years of age that are deprived of their liberty. The government hopes this will meet the requirements of the ECHR although we will have to wait until it is tested in the courts.’ (Golightly 2008: p.50). Putting aside this extended validation process, it remains to critically assess the allied issues of consent and capacity as they are dealt with in the 2005 Act. In the first instance, it may be helpful to understand the function of this legislation through its framing and provenance. The really novel and significant contribution of the 2005 and subsequent refinement in the 2007 Act arguably lays in the Deprivation of Liberty test and procedures, within which set out in Section 50 of the 2007 statute. Under this, if no authorization has been obtained under the DoLs, a deprivation of liberty can only be lawful through the satisfaction of two possible preconditions. Firstly, such an arrangement must be the subject of an order made by the court of protection under s.16(2) of the Mental Capacity Act. Subsequently, an application must have been made to the court under which such a deprivation of liberty is considered necessary in the meantime – either to save the person’s life, or prevent a serious deterioration in their condition. (Golightly 2008: p.50). These refinements were prompted by the case of an autistic man (HL) held ‘informally’ by the Bournewood Trust, a situation which gave rise to the hearing of HL v. United Kingdom. As Golighty reports, this situation was unlawful, because ‘†¦the common law of necessity is too vague and has too few effective safeguards to comply with articles 5(1) and 5(4) of the ECHR. Thus, HL was de facto detained and the DoLs represent the government’s attempt to remedy the problem that (the) Bournewood case highlighted.’ (Golighlty 2008: p.49). In effect then the 2005 MCA was designed to add definition to the informal and often legally flawed protocols, which social workers and other professional had evolved in the around the 1983 Mental Health Act. After 2005 a new tier was added to the hierarchy of actions to which these agencies had recourse: informal or voluntary admission under s.131: admission under the Deprivation of Liberty Procedures in the amended Mental Capacity Act 2005, or ultimately, compulsory detention under part 2 or part 3 of the Mental Health Act 1983. (Golightly 2008: p.48). The 2005 Act also initiated other safeguards, such as the system of Independent Mental Capacity Advocates (IMCA’s): for the first time, potentially vulnerable clients without the support of relatives or friends have a statutory right to an appointed, i.e. ‘non-instructed’ advocate. (Golightly 2008: p.51). This, it was intended, would furnish the client with both continuity of objective advice and a pastoral perspe ctive, which might otherwise be deemed lacking in the system of legal and clinical checks and balances devised for their care. 3. Provide a critical overview of protection and risk issues in this situation. From a legislative perspective, the problem is that some of the most alarming evidence is circumstantial, is derived from third parties, and may in fact be apocryphal. For example, neighbours have been reporting disturbances at erratic and unsociable hours, but this at best represents a general indication or suggestion that Mary’s mental health may be entering a difficult phase, or even deteriorating. It cannot, unilaterally, support anything approaching an admissions procedure: given that her son Pete, (who himself has a history of substance misuse), is apparently at her flat frequently, it is not necessarily the case that Mary is herself the cause of these ‘disturbances’. Conversely, it is quite possible that disagreements between Mary and Pete are the cause of the disturbance. However, given that they are both frequently in an altered state of mind, either due to mental health issues or either alcohol or substance misuse, the likelihood of being able to make an objectively worthwhile assessment based purely on investigation of this situation does not seem strong. 4. Critically discuss the role of inter-professional collaboration and practice in relation to Marys situation. According to the information supplied in the case study, those in contact with Mary currently comprise her social worker, the consultant psychiatrist, and the CPN assigned to her. From the information available, it seems that there is significant dissonance within the multi-agency effort to assess and plan for Mary’s needs. Principle amongst these is the position of the Consultant Psychologist, who has expressed doubts as to her diagnosis as mentally ill, and requested that she is transferred to the substance misuse service. He has further stated that a home visit – although requested by the care coordinator – is unnecessary, and that Mary should be ‘offered’ inpatient detoxification. This may prove to be either a major stumbling block, or, at the very least, a significant determining factor in the direction of Mary’s care. As Golightly points out, ‘Consultants will point out that they have clinical responsibility for the individual and hence medical-legal responsibility. This has been further compounded with the emergence of nurse prescribers.’ (Golightly 2008: p.139). At present, it is debatable whether o r not the consultant’s hegemony would be operable in the context of a tripartite formal assessment under part two or three of the 1983 Act. There is, however, a sense in which his current intransigence may eventually produce a repetition of Mary’s earlier compulsory admissions, if it contributes to a lack of action in respect of her current difficulties. As Bogg points out, ‘†¦the professionals involved need to identify with and own the team’s purpose and goals if there is to be effective multi-disciplinary cooperation.’ (Bogg 2008: p.35) 5. Drawing on a range of theories and approaches critically demonstrate the evidence base for your work with Mary and Pete. There are several principle theoretical frameworks which may be deemed applicable in the case of Mary and Pete. It is important here to recognize and retain the link between the theoretical base, the evidence base, and the pertinent policy framework. Given that the multi agency effort incorporates both social and clinical practitioners, the two theoretical models which should be applied are the social, the medical, the biopsychosocial, and the recovery. In this part of the discussion we will consider the case of Mary and Pete discretely within each variant. As Bogg observes, the social model ‘†¦places the emphasis of the condition on the consequence of the mental distress or disorder†¦instead of looking at symptoms and disorders as an entity in themselves†¦the social model focuses on the social consequences and how to improve the quality of life and wider responses the individual is facing.’ (Bogg 2008: p.44). From this position, it has to be recognised that the evidence base currently held is inconclusive in respect of the precise course of action which might benefit Mary’s condition. This is principally due to the subjective and fragmentary nature of such evidence: although, overall, it combines to present her situation as alarming, in fact the total of such evidence may be more than the real sum of its component parts. In other words, the specificity of each apparently negative social interaction – at Mary’s workplace, with neighbours, friends or relatives – needs to be looked a t in more detail before an accurate, overall picture can be agreed upon. Meanwhile, the medical model, again defined by Boggs, is, in its psychiatric sense, ‘†¦ordinarily a reference to the biological model. This rests on two principles: first, that mental disorder is a brain disorder, and second, that all mental events are neurological events. {Bogg 2008: p.45). The controversies thrown up in the space between the social and medical models have in turn produced more graduated approaches in the biopsychosocial and recovery models. In the case of Mary and Pete, with all of its implications regarding possible and actual substance dependence and misuse, the recovery model seems to offer the most realistic mean of empowerment. Given Mary’s history of psychotic diagnosis, the medical model obviously cannot be discounted, and will continue to represent a significant part of hr care. As Bogg observes, with acknowledgements to insights derived from Mahler and Tavano, recovery can offer ‘†¦both a conceptual framework for understanding mental illness and a system of care to provide supports and opportunities for personal development†¦.while individuals may not be able to have full control over their symptoms, they can have full control over their lives†¦Ã¢â‚¬â„¢ (Bogg 2008: p.48) As in all similar cases, whilst the policy base provides an inter-disciplinary and multi-agency framework within which to organize care packages, the theoretical base may vary according to perspective employed. Howev er, the evidence base in Mary’s case strongly suggests that a holistic approach may gradually enable her to make her own choices about regaining control over her own life. It also has to be considered that at some point, the case worker may have to share their considerations of Mary’s case with the relevant ASW/AMHP, whose expertise and training may be helpful. As prior observes, ‘there is a concentration of specialist training in this one area. This concentration on some staff throws into sharp relief the lack of training opportunities available to others.’ (Prior, 1992: p.108) 6. Critically analyse and take into account the causes and impact of inequality and discrimination on Mary and Pete. There are, it may be argued, many possible sources of discrimination and inequality which may have impacted upon Mary and Pete. Some of these, taking into account the social model, are implicit in the structure of contemporary society: perhaps inevitably, some of these same factors feature in the practice of the human services. The situation in which Mary and Pete currently find themselves in relation to social services is, arguably, highly indicative of the transformations which have been required of the profession, and of the residual tensions implied by such transformations. Such tensions can be illustrated by comparing two intra-social work perspectives: one proposing a ‘Third-Way’ or ‘tough love’ approach to social issues, the other favouring a less sanguine, more interventionist position. The first of these approaches can be summed up in the position of Ferguson, who argues that ‘we now live in a post-traditional order where processes of individualization have resulted in the self becoming a reflexive project. Identities are nowconstructed by individuals themselves, rather than inherited and this has given rise to a new agenda of life politics. While it should not replace a concern with emancipatory politics and life chances, I am arguing that life politics needs to be at the centre of how social work is understood and practised today.’ (Ferguson, 2001: p.42). For those opposed to this position however, the idea of ‘life politics’ does not adequately replace earlier ideas of ‘life chances’, or the way in which these are systematically denied to certain individuals. For adherents of this position, an approach which addresses this problem should lay at the core of effective social work practice. As Thompson indicates, ‘†¦a social work practice which does not take account of oppression, and the discrimination which gives rise to it, cannot be seen as good practice, no matter how high its standards may be in other respects.’ (Thompson 2006: p.15). For some observers, similar concerns are raised by the idea that the empowerment of the individual can shape a holistic approach to their care, rehabilitation and support. As Adams points out, ‘†¦the difficulty with the empowerment paradigm is that its contemporary forms have all fed off anti-sexist, anti-racist, anti-disablist, and other critical, anti-oppressive movements, whereas its historical roots lie partly in traditions of mid-Victorian self-help which tend to reflect the dominant social values of that time. Whereas in theory, self-help is a neutral concept, in practice†¦it was wielded by the†¦middle classes to extol their own virtues.’ (Adams 2003: p.18). Essentially then, such disagreements may be related back to the question as to whether the contemporary transformation of the profession, as one implicitly focused on official targets and competencies, is the model best adapted for the care of clients, or whether a more problematical relationship would be better. As Jones expresses it, ‘social work must always be a difficult and troublesome activity irrespective of the government in power and the prevailing orthodoxies.’ (Jones, 1997: p.62) At a clinical level, the possible diagnosis of Mary as having one of a range of different problems may have profound implications for the way in which she is treated, both within the social care and health systems, and society itself. In a sense this is a technical question which relates back to the discussion of multi-agency cooperation, and touches on the question of diagnosis and a hierarchy of needs. As Bogg points out, ‘The criticism of diagnostic categories (such as the stigma created by giving an individual a specific label) is not dispelled or underestimated†¦and a diagnosis can hold as much detriment as it can benefit†¦Ã¢â‚¬â„¢ (Bogg 2008: p.46). Ultimately, the restoration of her depot injection regime may be the trigger which decides the course of her care in the immediate future. Bibliography Adams, R., (2003), Social Work and Empowerment, 3rd Edition, Palgrave MacMillan, Basingstoke. Adams, R., (2002), Social Policy for Social Work, Palgrave, London. Adams, R., Dominelli, L., and Payne, M., (2002) (eds), Critical Practice in Social Work, Palgrave, London. Allen, J. A., Burwell, N. Y. (1980). Ageism and racism: Two issues in social work education and practice. Journal of Education for Social Work, 16 (2), pp. 71-77. Bartlett, P., and Sandland, R., (2003), Mental Health Law, Policy and Practice, Oxford, Oxford University Press. Bogg, D., (2008) , The Integration of Mental Health Social Work and the NHS, Learning Matters, Exeter. Croft, S., and Beresford, P., ‘Postmodernity and the future of welfare: whose critiques, whose social policy? In Carter, J., (ed) (1999), Postmodernity and the fragmentation of welfare, Routledge, London. Curran, C., and Grimshaw, C., (2002), ‘Compulsory admission to an NHS or Independent Hospital’, Openmind, Jan/Feb, No.13, p.29. Department of Health (2007), Mental Health Bill: Amending the Mental Heath Act 1983, DoH, London. Department of Health (2007), Mental Health Act 1983 Draft Revised Code of Practice (2007) Para4.4., DoH, London. Ferguson, H., (2001), ‘Social Work, Individialization and Life Politics’, British Journal of Social Work, 31, Open University Press, pp.41-55. Golightly, M., (2008), Social Work and Mental Health, 3rd Edition, Learning Matters, Exeter. Hewitt, D., (2007), The Nearest Relative Handbook, Jessica Kingsley, London. Jones, C., ‘The Case Against CCETSW’, Issues in Social Work Education, Vol.17, No.1, Spring 1997, pp.53-64. Parker, J., and Bradley, G., (2003), Social Work Practice:Assessment, planning, intervention and review, Learning Matters, Exeter. Parton, N., and O’Byrne, (2000), Constructive Social Work: Towards a New Practice, Palgrave, Basingstoke. Payne, M., (1995), Social Work and Community Care, London, Macmillan. Prior, P., (1992), ‘The Approved Social Worker: Reflections on its Origins.’, British Journal of Social Work, 22 (2), Open University Press, pp.105-19. Reid, W.L., and Hanrahan, P., (1981), ‘The Effectiveness of Social Work: Recent Evidence’, in Goldberg, M., and Connelly, N., (eds), Evaluative Care in Social Care, Heinemann, London. Rowland, N., and Gross, S., (2003), Evidence-Based Counselling and Psychological Therapies, Brunner-Routledge, Hove. Sheppard, M., (2006), Social Work and Social Exclusion: The Idea of Practice, Ashgate, Aldershot. Thompson, N., (2006), Anti-Discriminatory Practice, 4th Edition, Palgrave MacMillan, Baingstoke. Thompson, N., (1998), Promoting Equality: Challenging discrimination and oppression in the human services, MacMillan, Basingstoke. Thompson, N., (2000), Understanding Social Work, London, Macmillan Press. Watson, J.E., (2008) ‘The Times They Are A Changing’ – Post Qualifying Training Needs of Social Work Managers’, Social Work Education, Vol.27, No.3, April pp.318-333. Watson, F., Burrows, H., and Player, C., (eds), (2002), Integrating Theory and Practice in Social Work Education, Jessica Kingsley, London. Weale, A., (1978), Equality and Social Policy, Routledge and Kegan Paul, London