Kantian Ethics Essay

Kant’s thought induced in philosophy what he himself christened ‘a Copernican revolution’, central to which was his ethical theory. Previous ethical theories had attempted to ground ethics in metaphysical or theological conceptions of â€Å"the good† or to base morality on human happiness as the final goal. For Kant, not only were conceptions of â€Å"the good† inaccessible to human thought, but any definition of human happiness could not be established and therefore used as a moral foundation. Instead he turned his moral thought to human nature as based within practical reason, and the moral principle he names the categorical imperative. This he defines according to the mottos ‘Act only on that maxim which you can at the same time will to be a universal law’ (Kant, [1785] 1948, p. 421) as well as ‘treat humanity†¦never simply as a means, but always at the same time as an ends’ (Kant, [1785] 1948, p. 429). With respect to the former, for example, the act of telling a lie would not be considered morally appropriate insofar as the individual telling the lie would not be able to will that all individuals in similar situations act in the same way. In order to function properly, society must operate within a contract of trust in which persons are able to assume a relative amount of truth and trustworthiness in their fellow citizens; otherwise human communication would inevitably collapse and civil society would prove unsustainable. Central to the categorical imperative is Kant’s notion of autonomy. Autonomy is defined as the individual’s freedom from external influences in his or her dutiful choice of the morally right. This is contrasted to heteronomy, in which the individual desires to do what is good for other reasons than simply the good itself. The connection between these concepts and the categorical imperative is clear: the imperative provides a deontological framework in relation to which and through which an autonomous individual may act ethically. If the moral agent follows the imperative for its own sake (i. e. in order to do his or her duty) and not for external reasons, then he or she, per definition, is acting freely and autonomously. Although Kant offers an insightful framework for morality, the picture of ethics he paints with respect to duty and autonomy is unfortunately inadequate to describe the human experience of morality. In the Groundwork in the Metaphysics of Morals, duty is given such great privilege over other human faculties that it is possible to think that Kant sees value in little else: ‘an action done out of duty has its moral worth, not from any purpose it may subserve, but from the maxim according to which it is determined on; it depends not on the effecting any given end, but on the principle of volition singly’ (Kant, [1785] 1836, p. 9). Of course, duty plays a crucial role in any moral act. For example, I may refrain from telling a lie to my wife because I have a duty—grounded in our wedding vows—to be honest with her. However, duty becomes a problem in our relationship if it serves the sole or most important reason for moral action: if I only act ethically toward my wife because I feel the need to grin and bear my duty, then our relationship will likely lack life and that which would make it a thriving partnership. Ethics incorporates more than duty, such that I do not simply do my duty to my wife for duty’s sake alone, but I also act ethically out of love, joy or perhaps even spontaneity. To restrict ethical behaviors to such a strict deontology unfairly limits the manifold and complicated ways in which humans practice ethics and relate to others individuals in a human moral framework. References Kant, Immanuel (1948). Groundwork of the Metaphysics of Morals. (H. J. Paton, Trans. ). London: Hutchinson. (Original work published 1785, and published in a collection in 1903; page references to this edition). Kant, Immanuel (1836). The Metaphysics of Ethics. (John William Semple, Trans. ). Edinburgh: Thomas Clark. (Original work published 1785).

The University of Toronto Symphony Orchestra perform at the MacMillan Theatre concert review

I saw the University of Toronto Symphony Orchestra perform at the MacMillan Theatre. The conductor for this group was named David Briskin. No guest artist/conductor appeared to perform with the U of T Symphony Orchestra. It was performed, as I said before, at the Macmillan Theatre, which is located in the Edward Johnson Building. The address is 80 Queens Park Ave. The venue was efficient and large, as the sound would echo across the room. The seats were quite comfortable and well designed. The seating capacity was 815 in the Theatre. There were approximately 500 people who attended. The floor was on a slope in rows, and it had 2 tiers. Short Description of Performing Group There were no modified instruments for this performance. This band would be considered an amateur band, as they are students and do not get paid for their performance, but they played like a professional band. The men wore tuxedos, while the women wore black dresses of any version, with the exception of the two piano players who wore flower dresses, which looked quite well on them. The Concert as a Whole The concert was overall quite entertaining. At times, however, I was not as enthusiastic as I was before, as the songs dragged on, so at parts it wasn't as exciting as other parts. I feel that this concert was universal, as anyone who has a love for classical music could come and enjoy the pieces the orchestra played. Considering, however, that younger kids like more edgy and pop music, I think an older audience would gladly attend more than a younger audience. The concert was well paced, with an intermission so the audience could discuss and have a chat with their mates. Comment on Performance This performance was one for the ages, as it was a job well done by the orchestra. They began the performance with a prelude. This song used dynamics strongly, as the orchestra played extremely soft, as if the band wasn't playing. The French horn had a mini solo which was played well. The next part had the violins playing the fast part of the song. The violins, in my opinion, played a little bit too loud, but the oboe overcame that as it had many melodies which were played strong. The third section introduced the harp, which played an elegant melody. The crescendos and decrescendos were nice, and there was an interesting part where the flutes play, and the violins playback. The last section also had varied in tempos, and the trumpet played the melody with confidence. The second piece (Tabuh-Tabuhan) brought in the 2 piano players, Megan Chang and Magumi Okamoto. These two players played their parts with much excitement, as they hit every key as it was their last. The wooden xylophone was introduced in this movement also. This second movement was much more colourful than the first, with the dramatic style used for this piece, but at times it had an eerie feeling as well. My favourite piece was the one after the intermission (Symphony No. 40 in G minor, K. 550), as for my grade 8 exam, I had to play various parts form it, and it was nice to hear the clarinet play the mini solos so fluently, and how the clarinet part fits in with the whole orchestra! There were different styles, as one song may be dramatic and slow, then the next will increase in tempo, then a very fast tempo to end off the movement. Overall, the performance was a job well done, and they played it exceptionally well. I would love to listen to them again. Comment on Technical Aspects of Concert I feel that Fred Perruzza (Director of Operations), Ian Albright (Technical Assistant), and Bob Dunkin (Production Assistant) deserve special acknowledgement for their efforts on keeping the technology together for the Orchestra's performance. The setting was effective acoustically, and the atmosphere was exceptional. The lighting did not have to change, and it was very visible to see all the instruments, and the audience lights were dimmed low enough to pay attention to the orchestra. It lightened up the mood for the concert. Comment on the Audience & Response Many elders attended this concert, and many university students showed, and all of Mr. Gray's fine young students attended! All types of cultural mixes attended, and wealthier classes attended. The audience was consistent with the interest for the first half, but for the second half, part of the audience began to feel drowsy and not as into it as they used to be. Even when the orchestra would play some heavy notes, the audience did not shake from the loud music made by the orchestra. They did respond consistently, however, clapping with tremendous applause after each symphony. The applause was polite, as they are people from a wealthier upper class level, and clapped with politeness. A few of the younger students, however, clapped spontaneously, or didn't clap at all. Nobody from Mr. Gray's class, however. During the intermission, everyone talked about how the solos were played, and how specific instruments hit some of the high notes played. After the performance, many teenagers spoke about the performance and how they wouldn't mind listening to it again. To Sum Up I enjoyed this concert, and I would love to hear them play again. It was nice, as I recognized one of the pieces they played (Symphony No. 40 in G minor, K. 550, by W.A Mozart), and I knew what part they were at, as I had to play bits of it for my grade 8 exam. It was an enjoyable experience, and I would recommend it to anyone! If you do not have anything to do one evening, take a visit and listen to the University of Toronto Symphony Orchestra, you will be amazed, and it will be worth it!

Analysis Of Creative And Innovative Management

Analysis Of Creative And Innovative Management The good organizations become best by adopting innovation. It is more than an invention as it also includes an attitude that encourage new concepts and risk attach with that new concepts. Excessive investments are not needed if a company has awareness about innovation and can use it to create products with unique features. So they create a friendly behaviour for new concepts, ideas, risk, change and even failure (Fortune, March 3, 1997). Managerial innovations are those adjustments in the process of management that gives ideas of products and services and than help in their production and delivery to the customers. It is not essential that effectiveness and efficiencies of product or services get effects from innovations by management (http://tumipc.info). Product versus Process Innovations: Innovations in processes and products are very significant classifications of technical innovations. Product innovations either generate entirely new products with distinct features or may help in increasing the performance and physical features of old products and services. Process innovations are changes in the way products or services are manufactured, created, or distributed. Whereas managerial innovations generally affect the broader context of development, process innovations directly affect manufacturing (http://tumipc.info), the implementation of robotics. Thus product innovations are particularly important during these beginning phases. Later, as an innovation enters the phases of growth, maturity, and decline, Vodafone’s ability to develop process innovations, such as fine-tuning manufacturing, increasing product quality, and improving product distribution, becomes important to maintaining economic return (http://tumipc.info). Explain how management in your selected organization would lead staff to accept and implement innovation The Human Energy of Innovation Innovation is difficult. It’s hard not to be constrained by organisational history, politi cs and budgets. It’s even harder to think of innovation as a human energy and not a process (www.10again.co.uk). Lead the Way to Successful Innovation in Vodafone The collaboration necessary, general cultural differences that can influence the process and the importance that organizational culture has on creating an environment that supports innovation, after these presentation keynotes, I often get a few people who approach me with their stories about innovation in their organizations. They tell me how great the information was and wished they could apply it into their own organizations, but they know that it would never be supported (www.bia.ca). It seems that while individuals are given the necessary time in their jobs to generate ideas, they are not given the time that is really required to explore them through a proper process for innovation. This therefore makes it difficult, if not impossible, for true innovation to happen. Now I realize that those who asked me the que stion may not necessarily be in positions to change their organization’s cultures but maybe they could start to create change within their own spheres of influence, such as a department, plant, location, store, etc. Sometimes Vodafone need to think on a smaller scale and then demonstrate to the organization the value of what they are doing, demonstrated success will help greatly to sell the idea.

Developing and Managing Performance (Organisation Essay - 1

Developing and Managing Performance (Organisation - Essay Example Over the years, there has been a lot of attention given on performance management and development with the demand for thorough information being actually intensified with the economic downfall. Human resources specialists have toiled to make sure that they keenly evaluate performance between relevant and fair measures putting most of their focus and efforts on essential aspects of any business. Essentially, the different efforts have circled around making sure that the processes are similar in temperament with the requirements of a changing breed of line manager, stream line the systems that are paper based and facilitate admittance through media. Nonetheless, most of the human resource strategies that have more experience are also focused in ensuring that managing the performance conveys in an environment where the evolution of numbers and effect on organizational brand and innovation is based on the ways of the business success. Concurrently, the report focuses on evaluating the challenges an organization may incur in putting it into place a performance and reward strategy using knowledge of the results past case studies and theories from different specialists on the field but mostly on human resources. Currently, the nature of work is altering with diverse organizations and corporations operating in more of a specialized network that is also flexible and natural; basically, the frequency of strategic partnering arrangements between organizations increasing the need for management relationships to be managed beyond the organization and hence further work is required. On the other hand, reward systems are also a critical part of any organizations design and how well they are compatible with the rest of the systems has an equal effect on to what extent they will be effectual and also on the quality of life that people will experience in the organization. There have been new reward systems practices

Concussions - How Many Concussions Are Too Many Essay

Concussions - How Many Concussions Are Too Many - Essay Example Are athletes and coaches not properly informed to deal with concussions, as far as their symptoms, how to manage and identify them, and when is it safe to return to the game etc are concerned? This paper briefly analyses concussions and tries to find answers to all the questions mentioned above. â€Å"Concussion is a form of head injury that occurs immediately after a blunt force strikes the head causing the brain to move within the confines of the skull. The Latin word ‘‘concussus,’’ from which the word concussion is derived, means to shake violently† (Cobb & Battin, 2004, p.262). â€Å"Sixty-one per cent of British Columbia Hockey League (BCHL) players surveyed had already experienced at least one concussion. The concussion is defined as a loss of consciousness for less than 30 minutes, post-traumatic amnesia lasting less than 24 hours† (Kent, 1999). â€Å"The study, conducted by the University of North Carolina at Chapel Hill researchers and colleagues, found that retired National Football League players faced a 37 per cent higher risk of Alzheimer’s than other U. S. males of the same age. When considering the prevalence of previous concussions, 1,513, or 60.8 per cent, of the retired players reported having sustained at lea st one concussion during their professional playing career, and 597, or 24 per cent, reported sustaining three or more concussions. Among retired players who sustained a concussion during their professional careers, more than half reported experiencing loss of consciousness or memory loss from at least one of their concussions (ScienceDaily, Oct. 11, 2005). A concussion is a common injury suffered by the athletes and sports personalities. Players of games like Football, Hockey, Rugby, Cricket, Boxing etc are more volatile to concussion problems. It is not necessary that a person experiences the effect of a concussion immediately after he suffered it.  Ã‚  

Japans right to whaling is legally justified Essay

Japans right to whaling is legally justified - Essay Example Whaling remains one of the most hotly debated topics amongst various global issues related to environmental protection, and revolves around the main question as whether humans should keep up the practice of hunting whales. Even though the scientists believe that under current wildlife protection management system it is unlikely that whales will become extinct, the practice of whaling is still widely condemned (Nagasaki, 1993). The anti-whaling sentiments took form mainly during the late 1970s when many anti-whaling and non-whaling countries joined the International Whaling Commission (IWC), in order â€Å"to provide for the proper conservation of whale stocks and thus make possible the orderly development of the whaling industry† (International Whaling Commission, The Convention, 2003). In 1982, IWC members voted with three-fourth majority that brought forth a break on commercial whaling. In this context the text (paragraph 10(e)- classification of stocks) that implement ban o n commercial whaling states â€Å"Notwithstanding the other provisions of paragraph 10, catch limits for the killing for commercial purposes of whales from all stocks for the 1986 coastal and the 1985/86 pelagic seasons and thereafter shall be zero† (International Whaling Commission, The Convention, 2003). The 1986 moratorium banning commercial whaling led to the formation of a strong opposition against countries like Iceland, Norway and Japan that continue to hunt whales, which they claim to be primarily for scientific research work. Here the opposition to whaling now relates to a compete banning of whale killing in any form, commercial or for scientific reason. Countries like Australia and the US along with NGOs like Greenpeace claim that with some species of the whales being in list of endangered animals, whaling in any form must be banned.

Thoreaus Masculinity Essay Example | Topics and Well Written Essays - 1750 words

Thoreaus Masculinity - Essay Example He also served as an abolitionist against slavery for his entire life by lecturing across the country against the Fugitive Slave Law. Every man's search for wisdom can be connected to Thoreau's simple search for truth, in which he praises these three main characteristics as the most admirable qualities of the American man. Thoreau's theoretical energy was inspired by the wild. He found it necessary to live free in the wilderness provided by Walden Pond for two years and two months , in order to find the clarity he needed to search for truth. He followed the notion set by Plato, that wisdom is attained through the continuous pursuit of truth. This was a concept originated by Plato's mentor Socrates through his ideals of continuous self analysis. All, of which, is presumed will lead one to the most meaningful life. In his piece, Natural History of Massachusetts he says, You cannot go into any field or wood, but it will seem as if every stone had been turned, and the bark on every tree ripped up. But, after all, it is much easier to discover than to see when the cover is off. It has been well said that "the attitude of inspection is prone." Wisdom does not inspect, but behold Thoreau, pp. 130-131). Here as Thoreau teaches patience through the appreciation of nature. He also argues in favor of self preser vation in that he promotes the preservation of nature and believes man to be as equally a part of nature as any other animal in the wild. Virtue is also a core ideal that Thoreau aspires for in his writing and in turn convinces the reader to aspire for as well. He would often contrast virtue with popular ideals at the time which he felt were unbefitting to the ideal American male, but he also often spoke directly on the concept of morality and virtuous behavior. In his 1849 piece, A Week on the Concord and Merrimack Rivers he says, Absolutely speaking, Do unto others as you would that they should do unto you is by no means a golden rule, but the best of current silver. An honest man would have but little occasion for it. It is golden not to have any rule at all in such a case (Thoreau, p.74). In his chapter on economy, Thoreau contrasts the popular view of inherited wealth. Where most people would consider inheriting great wealth as a blessing, Thoreau's take is the opposite. He believes it impedes a man's freedom to live his own life, by inheriting a subservience to, what he calls, necessity. In his piece On the Duty of Civil Disobedience, which he wrote in 1849, he communicates this concept to the reader in his text when he says, The rich man ... is always sold to the institution which makes him rich. Absolutely speaking, the more money, the less virtue. Here Thoreau contrasts the concept of wealth with that of virtue. He makes the direct statement that one born into wealth is not free but sold into never being able to be virtuous. It's very ironic that he is able to flip one of the most desired and admired origins in American Capitalist society on its head. The American Dream in essence is the pursuit of wealth/ha ppiness; by Thoreau denouncing the pursuit of money he is indirectly redefining, or disregarding, the American Dream. One might assume that this disdain for the American Dream and its detrimental affect on manhood was a reoccurring theme that developed over time in Thoreau's writing, because in his 1854 work

Business Changing Environment Essay Example | Topics and Well Written Essays - 1750 words

Business Changing Environment - Essay Example Digital Equipment Corporation, Scotland, came into existence in 1983 as a small scale test facility for computer chips made in Hudson, America. Digital is one the largest computer manufacturing company in America and its plant in Ayr, Scotland, became the first overseas plant to launch worldwide distribution of computer system which was locally designed and developed. When assembling operations were added in 1985, there was impressive growth in the output of VLSI chips and the strength of the employees grew from 14 in 1984 to 470 employees in 1989. VLSI volume rose from 2000 per week to whopping 35000 per week in 1989 which were not only more complex and sophisticated in design but also comprised of forty different product types that needed to be packed in lots of batch sizes from 50 to 100!The plant is nonunionized and has 24 hours working schedule that is divided into three shifts with the total floor area of more than 25,000 square feet. Working conditions are generally good and t he skilled and non-skilled jobs are well defined and streamlined for smooth functioning. The hierarchal managerial supervision does not encourage much collective decision making. Employees in the operation and assembling units are trained for specific jobs and have no wider understanding or knowledge of the production processes. The work is repetitive with hardly any scope for individual growth. The organization singularly lacks effective communication and knowledge sharing processes.

Specific Therapeutic Technique Essay Example | Topics and Well Written Essays - 1000 words

Specific Therapeutic Technique - Essay Example Manipulative and Body-Based Practices - Here force in controlled conditions is used to regain health specifically in relation to painful joints and muscles. These are basically massage and stretching techniques. The specific therapeutic technique being discussed is Acupuncture- this is falls under 'Whole Medicine' classification of National Centre for Complementary and Alternative Medicine. It is part of Traditional Chinese Medicine. Acupuncture can be defined as the technique of inserting needles at the acupuncture points in the body to restore the health of the body by getting rid of disease and pain. Loss of balance between yin and yang energies is believed to be the cause of diseases. Treatment involves applying pressure on the 12 "meridians" or the primary pathways. There are other secondary pathways which are also used to treat the patient depending upon the severity as elaborated later. This technique is believed to have originated in China in ancient times, stray evidence of its practice even found in stone age though it seemed to become more prevalent from 1st millennium BCE more from the time of Hang Dynasty, though like all ancient practices it is difficult to pin point exact date or country of origin as similar techniques seem to have been used by the Koreans and Japanese. Conventionally however it is associated with Traditional Chinese Medicine (TCM). ... in ancient times, stray evidence of its practice even found in stone age though it seemed to become more prevalent from 1st millennium BCE more from the time of Hang Dynasty, though like all ancient practices it is difficult to pin point exact date or country of origin as similar techniques seem to have been used by the Koreans and Japanese. Conventionally however it is associated with Traditional Chinese Medicine (TCM). During the early days of Chinese Revolution it was dismissed as superstitious and backward, driving it underground for fear of reprisal. It was much later that Mao decided to revive it as he considered ancient Chinese medicine as a cultural treasure and started efforts to improve and modernize it. In the US its early users were Chinese railroad workers who had learnt it from the elders using it as self medication in their families. The theory of acupuncture is explained as certain points on the bodies which loosely correspond to the organs of the body though some points may not have one to one relationship with any organ. It is believed that disease occurs if there is an imbalance between yin and yang energies of the body and treatment involves modifying the activity of body subsystems by applying pressure or heat at pressure points. These points are now conventionally known as acupuncture points. These are present along layers of 12 primary pathway meridians, 8 extraordinary pathways located throughout the body. Un associated points are also believed to be present known as tender points which are used to treat of localized discomfort. Each of the 12 pathways is associated with one of the twelve zang fu organs, 6 are yin and 6 are yang pathways. 3 yin and 3 yang are believed to be present on the arms and 3 each on the legs. Life force or "qi" is

Eagle Boys Pizza Report Essay Example for Free

Eagle Boys Pizza Report Essay Founded by a young baker in his mum’s garage in 1987, Eagle Boys now operates more than 335 stores throughout all states of Australia. It is one hundred per cent Australian owned and operated and delivers pizzas to hungry families across Australia from metropolitan inner city areas to small remote towns. With over 8,000 team members nationally, Eagle Boys makes just under 18 million pizzas a year and generates an annual turnover of more than $200 million. Focused on delivering real taste, real size and real value to pizza lovers across Australia, Eagle Boys is customer-focused and continually examines ways to improve its customer satisfaction and service. Eagle Boys ensures pizza lovers across Australia receive tasty meals and exceptional service every time by training its franchises to commit 110% to customers’ satisfaction. Explanation of its legal structure Eagle Boys pizza is a Proprietary company, meaning that it is private. The shareholders of Eagle Boys Pizza Pty Ltd, have limited liability protection, which means that the most money they can lose is the amount they paid for their shares. Eagle Boys began as a family business, as it was founded by Tom Potter and his mum in 1989. It is an incorporated business, meaning that the business is a separate legal entity from the owners. This allowed the business to be sold and still be operated, in 2007 to Todd Clayton who is now the CEO and managing director of Eagle Boys Pizza. The fact that it is a separate legal entity, allows the company to sue, be sued, buy or sell property and also have perpetual succession. Identification of the current stage of the business life cycle the business is currently in and give reasons for your views Eagle Boys pizza is currently at the maturity stage of the business cycle. Its goal is to maintain profits at pre-existing levels. Recently, in February 2011, Eagle Boys responded to the growing sophistication of Australians’ pizza palate by unveiling its new Gourmet Pizza Range featuring ingredients such as, Roasted Potato, Salmon Steaks and Tandoori Chicken. Eagle Boys is also the only Australian pizza maker to offer Ready 2 Go! â„ ¢, which allows customers to get their hands on some of their favourite pizzas without phoning beforehand or waiting between 5. 30pm and 8pm daily. Since Eagle Boys was purchased by private equity firm NBC Capital and the current executive team in 2007, Network store numbers have grown by 63% which is the highest period of growth in the company’s 24-year history. Eagle Boys saw sales grow 15. 4% during the 12 months up to June 2010, bringing total sales growth during the past three years to 43. 2%. The company expects the strong double digit growth to continue with the opening of additional stores and the launch of new products. Identification of one business law and one regulatory body in relation to this business – explain how this business complies An example of a business law of the Eagle Boys pizza is a privacy law. Eagle Boys is subject to Privacy Legislation, including the National Privacy Principles (NPPs) under the Privacy Act 1988, The Privacy and Personal Information Protection Act (1988) and contractual requirements relating to Privacy pursuant to a number of State and Territory Government Licence Agreements. Eagle Boys Pizza complies with this law by collecting information by either specifying or letting the reason be apparent at the time the information is collected. It is not Eagle Boys’ general practice to collect sensitive information and they will only collect sensitive information with the persons consent. A regulatory body that Eagle Boys Pizza complies with is the Australian Competition and Consumer Commission. Eagle Boys applied for notification of conduct whereby it would grant franchises on condition that franchisees acquire goods and services from specified suppliers. That notification was lodged on 13 August 2009 and allowed to stand on 21 September 2009. Eagle Boys complies by ensuring product safety and liability and does not provide any false or misleading advertising. Identification of two significant challenges for management in the business life cycle – one challenge management has faced prior to 2011 and one they will face in the future (ensure you state which stage of the life cycle the business experienced /will experience this challenge) A significant challenge that Eagle Boys pizza management has faced prior to 2011 is responding to the growing amount of different pizza businesses, in competition with Eagle Boys, and the need to introduce new ranges and varieties of products to satisfy the needs of consumers. They had been challenged to introduce new products such as gourmet pizzas, desserts, and sides such as pastas, chicken wings, garlic bread etc. This challenge was experienced during the growth stage of the business cycle. A significant challenge that Eagle Boys pizza management will face in the future is decline, in the Recession stage of the business life cycle. As the business would have been running for a while now, it will have become a high-risk business. Products may become obsolete, leaving the business with unsold stock. Another factor influencing decline is well qualified employees beginning to leave and seek better job opportunities. Due to the ongoing introduction of new businesses in the same field, Eagle Boys will be affected by consumers no longer buying the businesses products, resulting in a large dent in the cash flow. Consequently, profits will also decline. Identification of the business environmental influences, both internal and external, that have impacted upon this business Internal environmental influences that have impacted Eagle Boys Pizza include product influences such as the range of menus that it provides as well as services provided. E. g. Delivery services. Location influences also have a large effect on the business. The location of franchises is vital as a prime location means the business will attract higher numbers of customers as it is convenient and visible. The proximity to customers, suppliers and support services is also essential in determining the location of the business. Another internal influence is resources. Employees, being the main asset to the business are an extremely important resource. Other important resources include cooking and servicing equipment and machinery as well as raw materials that allow the business to create and sell their products. Management influences control the workers and help to provide a more organised structure and easy way of communication and co-operation. External environmental influences that have impacted Eagle Boys Pizza include Legal influences such as increasing legal obligations and business requirements. Political and institutional influences include taxation, employee superannuation, approval of new development and alteration applications. These influences have a strong impact on how and where the business is run. Another external influence is financial influences. Financial influences create changes in the financial market which can cause risk for the business. Geographical influences heavily impact the opportunities for the business. Demographic factors such as population, age, and income control the popularity of the business. Explanation and critical analyses of how management has responded to the above range of challenges and influences The first Eagle Boys Pizza opened in Albury, New South Wales. Eagle Boys advertised their products as semi-gourmet pizzas that quite unique to the larger chains, yet cheaper due to the high production output. This successful idea caught on, and the first store in Albury was quickly creating a generous profit. Within less than a year, Eagle Boys opened up two more stores in the neighbouring cities of Wagga Wagga and Dubbo. As the company sustained its growth, it put a lot of energy into researching ways to meet consumer demands in different regions. With stores opening up in rural, suburban and urban areas throughout Australia, the company became very popular due to operating in areas that other large fast food businesses would often ignore. One particularly successful store model was the development of a drive-thru pizza store in 1999, a concept which was unheard of at the time. Australia’s first drive-thru pizza store demonstrated to be immensely popular, as it was easy and convenient. Expanding on this quick pizza delivery system, the company launched the Eagle Boys Pizza Express Store shortly after, which was designed to provide quick service pizza out of a small location in highly populated foot traffic areas. This express system proved to be very popular, and new locations started to spring up at airports, shopping malls and pedestrian malls around the country. Many locations were now generating up to forty precent of their sales. As the company started to experience increased competition, it had to do something to differentiate its express pizza service from other companies offering similar products. Eagle Boys eventually developed a popular offshoot menu for Eagle Express stores: â€Å"Ready, Fresh Go! † in 2008. This idea meant that while it is an express delivery system, the pizzas are made fresh and held in specially-designed slow-cook ovens that ensure their freshness. The company’s dedication to research and response to consumer trends and the development of new, quality products quality concluded in the largest reformation of the Eagle Boys menu in its history. Launched in early 2010, the new menu featured a variety of new items. Apart from new pizzas, new items such as a chocolate fudge mousse dessert, pasta dishes, additional side dishes and drinks were introduced. Customers have responded with a resounding satisfaction, and throughout 2010 Eagle Boys enjoyed one of its biggest increases in sales in company history. Eagle Boys continues to develop new and accessible ways to respond to challenges and internal and external influences. Creating innovative and unique products is what has propelled the company to success, and it continues to be a mainstay of Eagle Boys’ activities today.

Legal Sources of the UK Constitution and Human Rights Law

Legal Sources of the UK Constitution and Human Rights Law 1. The UK constitution is described as an unwritten one. Explain with reference to the legal sources of the UK constitution and appropriate examples, why it is called unwritten, and consider whether the distinction between a written and unwritten constitution is legally significant. The word constitution has many different meanings, however only two of them are applicable to constitutional law. Firstly, constitution could mean a written document which contains the rules and principles according to which a country is run. Secondly, the word constitution could refer to: the body of rules and arrangements concerning the government of the country.[1] The second definition does not impose any requirement of writing. It should be stressed that although some states do not have a written constitution every country in the world, including the UK, has a constitution in the second sense of the word. Over the centuries the attitude towards the British/English constitution ranged from admiration to sever criticism. Thomas Paine went even further, he ruled out a possibility that an English constitution could exist.[2] The British constitution has been sometimes described as ‘political.’ Griffith believes the word ’political’ can be used to refer to a wide range of qualities, e.g. the UK constitution assumes equality of all citizens and many important rules are not legal rules. He also stressed that operation of the constitution is closely linked to Parliament and Parliamentary elections, this leads to a conclusion that the British constitution must be analysed in the political context.[3] The UK constitution draws on a wide range of sources: statutes, common law, the royal prerogative, international treaties and agreements, conventions and academic texts written by legal experts. As an expression of Parliament’s will statutes are the most important source of law, some of them have a particular constitutional significance, e.g. the Magna Carta 1215, the Act of Settlement 1701, the Representation of the People Act 1983 and the Human Rights Act 1998. Another written source of law is case-law. Although judges should merely interpret the law, and not get involved into a law making process, many crucial legal principles have been established in the course of legal proceedings, for example in British Railways Board v Pickin[4] Lord Reid said that the courts have no power to overrule Acts of Parliament on any grounds. International treaties and agreements, such as for instance the Treaty of Rome 1957, have also become a source of English law; similarly, texts written b y legal experts may acquire exceptional legal significance, e.g. Diceys An Introduction to the Study of Law of the Constitution. The unwritten sources of the UK constitution are the royal prerogative and conventions. The royal prerogative stems from the powers which used to be exercised exclusively by the monarch and which are now exercised by the ministers on the Queens behalf. The examples of the royal prerogative are the power to declare war, the control over the appointment of ministers and the right to dissolve Parliament. The legal nature of conventions is somewhat different, they are non-legal norms which should be obeyed by those to whom they apply; although conventions cannot be enforced by the courts they are usually respected. As the above discussion illustrates, a large part of the constitution is written. However, due to lack of a separate document which could be called a constitution this fact is often disregarded and the UK constitution is said to be unwritten. The unwritten character of the UK constitution, or rather the existence of unwritten rules, has serious legal implications. The first point to note is that Parliament can pass and revoke the law as it sees fit. Until recently the British constitution did not guarantee any rights; although an Act, called the Bill of Rights, was enacted as early as 1688 it dealt exclusively with issues related to Parliament and Crown. This meant that, in theory, Parliament could pass any legislation it considered appropriate even if it infringed rights of UK citizens. Prior to the enactment of the Human Rights Act 1998 the only limitation on the Parliamentary sovereignty in cases involving of human rights violation would have been the rule of law. However, effectiveness of the rule would have been limited if the courts, wanting to avoid interference with Parliamentary decisions, refused to enforce it. This should be juxtaposed with countries which have written constitutions and where rights of ordinary citizens are protected by specially drafted provisions. In addition to being uncodified the UK constitution is flexible and unitary (provided devolution is not taken into account) but it is not entrenched. The result is that while written constitutions are rigid the UK constitution is flexible, an advantage of flexibility is that any necessary changes can be introduced quickly and relatively easily. On the other however, lack of entrenchment leaves a lot of power in the hands of a small group of people. Moreover, unwritten constitutions always involve a degree of vagueness, the situation is made worse by the fact that norms which are not written cannot be enforced by the courts. These problems do not arise if the constitution is written, yet it does not follow that all the relevant law can be found in the constitution. Munro argued: â€Å"It ( ) also suggested, wrongly that in countries such as the United States, all the rules and arrangements concerning government had been reduced to writing in a single document. In practice, this is never the case.†[5] Both written and unwritten constitutions rely on the legal precedent, they are formed and modified by judicial interpretations of the law and political practices. The UK constitution is said to be unwritten however as has been shown above it is not, strictly speaking, true. The constitution relies on a wide range of sources and most of them can be found in writing. It has already been mentioned that the constitution can be described as political, yet following developments such incorporation of the European Convention on Human Rights, membership of the European Union and changes which took place post-1997, more and more constitutional rules are being codified. Thus, according to Munro the UK constitution is becoming ’legal.’[6] It is, therefore, submitted that the gap between the unwritten British constitution and the written constitutions in other countries is gradually becoming narrower. The new EU constitution may close this gap entirely. BIBLIOGRAPHY TEXTBOOKS Munro, Colin R, Studies in Constitutional Law, Butterworths, second edition, 1999. ARTICLES Griffith, John, The political constitution, (1979) 42 MLR 1. CASES British Railways Board v Pickin [1974] AC 765, [1974] 1 All ER 609. STATUTES, TREATIES AND CONVENTIONS 1215Magna Carta 1688Bill of Rights 1701Act of Settlement 1950 European Convention on Human Rights 1957Treaty of Rome 1983Representation of the People Act 1998Human Rights Act 2. Explain the doctrine of ministerial responsibility to Parliament. Consider whether it should be constitutionally necessary for Ministers to defend their decisions in judicial review claims before a court, as well as answering to Parliament for those decisions. Ministerial responsibility can be either collective or individual, since it is a convention it is unwritten and unenforceable in the courts of law. The operation of the doctrine can be described as follows: â€Å"Ministers are responsible for the general conduct of government, including the exercise of many powers legally vested in the Monarch; and ultimately, through Parliament and parties, to the electorate†[7] The convention of ministerial responsibility has a historical origin, it is a product of tradition and a multitude of historical events. In the nineteenth century ministerial departments used to be very small and the ministers’ workload was limited, in this circumstances it was not unreasonable to expect ministers to be responsible for all their civil servants; this explains how the doctrine of individual ministerial responsibility was born. Collective ministerial responsibility can be traced back to the ministers’ relationship with the Monarch, in the past the sovereign played a role of the Prime Minister and ministers were expected to answer to him. A minister who fails in the performance of his duties has four options: he can explain the situation to Parliament, apologise to Parliament, choose to take action or, in extreme cases, resign. The convention of individual ministerial responsibility has often been found problematic, it is not always clear when, and for what reasons, ministers should resign. It is debatable whether they should resign due to problems in their departments or only if they fail to accomplish tasks for which they are personally responsible. In the past ministers could not be excused from responsibility for their own civil servants, however following the Crichel Down affair (1954) the convention no longer seems to be so severe. It can even be argued that as ministers begun to refuse to resign there has been a shift towards the other extreme. In 1983 James Prior did not hand in his resignation over the Maze Prison escapes. In his view the fallings of the prison system resulted from an inadequate policy.[8] Th e Scott report also had an effect of limiting ministerial responsibility, it concluded that ministers should continue to answer to Parliament but they should no longer be personally responsible for the mistakes of their subordinates. The Nolan Report on the other hand deepened the extent of ministerial responsibility, it stated that ministers should avoid conflicts of interests and bear in mind the impact which their private lives may have on their ministerial positions.[9] The past few years have seen an increasing drive towards accountability, transparency and codification. Thus, in 1992 a decision was taken to publish the previously confidential Questions of procedure for ministers. The Questions, which are now known as Ministerial Code: A Code of Conduct and Guidance on Procedures for Ministers, provided guidance for ministers and played a role of a partly codified convention. In 1995 the Code was amended and the new version instructed ministers not to intentionally misinform Parliament. Appointment of Select Committees also had an impact on ministerial responsibility, the Committees can conduct their own enquiries, question ministers and interview witnesses. At the same time, however, complaints have been made regarding the availability of witnesses and access to documents. The doctrine of collective ministerial responsibility is based on three main principles: the confidence principle, the unanimity principle and the confidentiality principle. The fist principle presumes support of the House of Commons as long as the Government does not receive a vote of no confidence. The second principle imposes an obligation on ministers to vote unanimously while the confidentiality principle demands that any discussions which take place in Cabinet remain confidential. A good example of a breach of the convention of collective responsibility is Clare Short’s disapproval for the war in Iraq. Judicial review can be described as a process of challenging decisions of public bodies, public bodies include the executive but not Parliament. Judicial review proceeding are conducted by the Divisional Court of the Queens Bench. It should not be confused with an appeal procedure, judicial review involves an assessment of the legality of a decision. There are three grounds on which the court can declare a decision ‘unlawful:’ illegality, irrationality and procedural impropriety. Illegality arises when the law has been misunderstood or misinterpreted and therefore applied incorrectly, irrationality applies to cases where the judgement appears unreasonable or unfairness, while procedural impropriety refers to cases involving bias. Following the judgement in R. v. Secretary of State for the Environment, ex parte Hammersmith and Fulham London Borough Council[10] even discretionary ministerial powers can now be challenged in the process of judicial review. Nevertheless, review of ministerial powers will not be possible in cases involving political decisions, national security or government policy. In R v Director of GCHQ ex parte Hodges[11] one of the judges said: I apprehend for myself that the majority of their lordships were of the view that once it had been established by evidence that a decision had been made on behalf of Government in the interests of national security the whole ambit of that decision was one which the courts can neither enquire nor intervene. It is undisputable that the GCHQ case is a groundbreaking decision, instead of concentrating on the source of the power the courts have been encouraged to focus on its nature. Many forms of scrutiny of the ministerial power are already in place, ministers answer to Parliament, they are subject to judicial review and in cases of serious misconduct they may be investigated by the Select Committees. As regards the breach of conventions the sanctions are political rather than legal, this means that conventions may be ignored and courts are unable to compel the executive to obey them. Yet, ministers may be subjected to political pressure, Clare Short resigned two months after her Iraq war announcement while Sir Thomas Dugdale resigned over the Crichel Down affair. In the later case the process of Parliamentary scrutiny was as a result of pressure exerted by backbenches. In these circumstances, it does not seem necessary for the ministers to answer to Parliament as well as be subjected to judicial review. BIBLIOGRAPHY TEXTBOOKS Munro, Colin R, Studies in Constitutional Law, Butterworths, second edition, 1999. ARTICLES Oonagh Gay, Thomas Powell, Individual ministerial responsibility issues and examples, Research Paper 04/31, (2004). Oonagh Gay, Thomas Powell, Collective responsibility of Ministers an outline of the issues, Research Paper 04/82, (2004). CASES R. v. Secretary of State for the Environment, ex parte Hammersmith and Fulham London Borough Council [1991] 1 AC 521. R v Director of GCHQ ex parte Hodges (1988) QBD. 3. Explain whether devolution has had any impact on the sovereignty of the Westminster Parliament. Devolution is delegation of centrally held power to regional governments. In the 1980s New Labour advocated devolution in order to win votes in Scotland and Wales, however the actual process of transferring power did not gain momentum until the 1990s. Devolution featured in the New Labours election manifesto and it was only when New Labour won the general election that changes begun to take place. Yet, the reasons behind devolution were not only political but also economic. In the 1980s England was going through a period of high unemployment and although the economic situation in England was critical it was even worse in Scotland and Wales. There was also a feeling of discontent caused by an unequal distribution of EU funds and unfair economic policies which favoured England. Dissatisfaction with British rule was even more visible in Ireland where it frequently led to violence. The 1916 rebellion in Dublin, known as the Easter Rising, was followed by the two year civil war. Eventuall y, the persistence of Sinn Fein forced the British Government to negotiate and Ireland was divided into two parts. Britain retained a much smaller northern part which is now known as the Republic of Northern Ireland.[12] Both academics and politicians distinguish three different types of devolution: administrative, legal and financial.[13] As the name implies, administrative devolution involves delegation of power to manage parts of the administrative system. The central government retains control over related matters of greater importance, for instance even if a regional body is put in charge of healthcare and/or education, as it is the case in Scotland, privatisation decisions must be taken by Westminster. Financial devolution involves granting of power to rise taxes, change the taxation rate or make decisions concerning distribution of public funds. Similarly, legislative devolution refers to the transfer of rights to pass legislation. Devolution is often said to be asymmetrical this means that power is not distributed evenly, e.g. although the structure of the Scottish Parliament and the Northern Ireland Assembly are similar the later cannot legislate on policing and criminal matters.[14] These a rrangements have far-reaching consequences for Westminster, firstly it can be argued that following the break-up of the colonial system Parliament exercises its powers over a smaller geographical area.[15] Devolution, along with the membership of the European Union, create an impression that the remaining Parliamentary influence outside England is largely superficial. Secondly, the fact that devolution is asymmetrical could lead to calls for additional rights in order to redress the balance, the White Paper considering an extension of legislative powers of the National Assembly of Wales is already being considered.[16] According to Introduction to the Study of the Law of the Constitution, a classic work by Dicey, sovereignty means that Parliament has the right to make or unmake any law whatever; and further, that no person or body is recognised by the law of England as having a right to override or set aside the legislation of Parliament.[17] In view of the above discussed developments can it still be argued that Westminster has not suffered any loss of sovereignty? Theoretically, there is no conflict between sovereignty and the process of devolution, in the memorandum to the Procedure Committee, the Leader of the House, Margaret Beckett said: None of the devolution legislation affects the House’s ability to pass legislation on any matter. For all public bills, the Government would expect that a convention would be adopted that Westminster would not normally legislate with regard to devolved matters without the consent of the devolved body.[18] Finally, Munro explains that being sovereign Parliament is free to impose limitations on its own power.[19] Despite what has been said above there is also evidence to the contrary, devolution produced a paradoxical effect known as the West Lothian Question. It means that although Scottish MPs can seat in the British Parliament and decide on issues related exclusively to England English MPs have no influence on similar Scottish issues which have been devolved. This situation has been severally criticised on many occasions and led to calls for an English Parliament.[20] Parliament tackled these problems by further devolution but this time power was devolved to the English regions, e.g. the Regional Agencies Act 1998 established development agencies[21] while in 2000 the newly established Greater London Authority saw its own elected Mayor and the London Assembly. In November 2005 the Government issued a Consultation Paper which proposes extending the responsibilities of the London Assembly and the London Major.[22] These developments have already limited, and will continue to limit, the power s traditionally held by the legislature and the executive. Although, in theory, Parliament could choose to withdraw the devolved powers at any time a total withdrawal is unlikely to be possible in practice. Westminster would have to consider both political and social implications of such actions and it is likely that the response of the public would range from widespread discontent to outright violence. Riots would be likely to break out in Northern Ireland where, as mentioned at the beginning of this paper, violent resistance to English rule has taken place in the past. In 1972 Edward Heath re-established direct rule over Northern Ireland, he was criticised by both unionists and nationalists. The sense of national identity in Northern Ireland remains very strong while in Scotland objections to a withdrawal of devolved powers would probably be raised on nationalist, and particularly economic, grounds. Consequently, it is difficult to deny that devolution undermined sovereignty of Westminster Parliament; arguments to the contrary have limited , and purely theoretical, validity. BIBLIOGRAPHY TEXTBOOKS Munro, Colin R, (1999), Studies in Constitutional Law, Butterworths, second edition. ARTICLES CONSULTATION PAPERS A Consultation Paper, The Greater London Authority: The Government’s proposals for additional powers and responsibilities for the Mayor and Assembly, (2005). Leeke Matthew, Chris Sear and Oonagh Gay, An Introduction to Devolution in the UK, Research Paper 03/84, (2003). Wood, Edward, The Procedural Consequences of Devolution, Research Paper 99/85, (1999). WHITE PAPERS STATUTES 1998Regional Agencies Act 2005Government White Paper: Better Governance For Wales INTERNET SOURCES Campaign for an English Parliament, http://thecep.org.uk/devolution.shtml [Accessed on 4 August 2006]. 4. Explain how the Human Rights Act 1998 has changed the approach to the protection of human rights in the law of England and Wales. Has the change been for the better or for the worse? Enactment of the Human Rights Act was one of the many objectives which featured in the New Labour’s 1997 election manifesto, the proposal to implement the Act was also part of a much broader programme of constitutional reforms. The statute, which entered into force in 2000, implements the European Convention on Human Rights. According to Lord Lester of Herne Hill the Human Rights Act 1998: â€Å"declares basic rights and freedoms inherent in our common humanity, and the ethical values of a modern democratic society governed under the rule of law a society in which individual and minority rights must be protected against the tyranny of majorities and the abuse of public powers, especially where excessive means are used to pursue legitimate ends. The Act provides an ethical framework to guide law- makers, judges, and individual men and women.†[23] However, as will be shown below the changes brought on by the Act have not always been considered positive. Prior to its entry into force the Act received a lot of negative media coverage, concerns were raised about widespread abuses of the immigration procedures as well as the welfare system. There were also fears that the Act would force judges to disregard Acts of Parliament and by doing so undermine the doctrine of Parliamentary supremacy. Yet, as the subsequent events have shown most of these concerns proved misplaced. The unease about statutory interpretation was mainly due to section 3 which provides that, whenever possible, legislation must be enforced consistently with the Convention. Section 4 adds that in cases where such interpretation is not possible the court may issue a declaration of incompatibility. The declaration does not overrule any provisions but merely states that the law does not comply with the European Convention of Human Rights. The Act lead to an increased protection for the rights of individuals, e.g. in Michael Douglas and Catherine Zeta-Jones v Hello![24] the Court of Appeal recognised the right to privacy. Another notable example of human rights protection is the decision in Mendoza v Ghaidan,[25] in this case the protected Rent Act tenant passed away. The court was asked to consider whether, for the purposes of the law of succession, the surviving homosexual partner should have the same rights as he would have had if the couple was heterosexual. The case is significant for several reasons: firstly, the court held that discrimination was unlawful, secondly, it shows that the Human Rights Act applies both to public and private bodies and thirdly, the court interpreted the Rent Act 1977 broadly enough to give effect to the Convention rights. In the opinion of Lord Lester of Herne Hill Mendoza[26] was correctly decided, he even prised the decision for upholding constitutional rights which include equal tre atment.[27] Despite what has been said above the Act is also known to have its opponents. The decision in R (Q and others) v Secretary of State for the Home Department[28] proved particularly contentious and it has been a subject of a sever ministerial criticism. The court held that firstly, the Home Secretary must support asylum-seekers and secondly, the Home Office acted in breach of Article 6. Article 6, which grants a right to a free trial, was violated when the applicants were refused to have their circumstances assessed on individual basis, moreover they were not allowed to appeal. In response to this decision the Home Secretary, David Blunkett, said: If public policy can be always overridden by individual challenge through the courts, then democracy itself is under threat.†[29] In Alconbury Limited v Secretary of State for the Environment, Transport and the Regions[30] Lord Hoffmann was equally disapproving of the way the case-law has been developing, he that although the Human Rights Act was meant to reinforce the rule of law it reinforced the rule of lawyers instead. September 11 gave rise to many contentious legal issues, human rights, terrorism, extradition and prohibition of torture are now hotly debated. Some of the problems stem from the fact that newly granted civil liberties are counter-balanced by measures introduced on the grounds of national security; hence the Terrorism Act, which came into force on 13 April 2006, prohibits ’glorification’ of terrorism. The ’glorification’ of terrorism is now a criminal offence and applies to speech as well as membership of political and non-political groups. There is a possibility that the provisions of the Act will conflict with the rights guaranteed by the Human Rights Act 1998, future challenges are likely to be based on Article 10 which guarantees freedom of speech and expression. It is yet to be seen what will be the effect of the Act and how it will be interpreted. Another issue which has become particularly contentious is extradition. The Human Rights Act 1998 does n ot contain any provisions prohibiting extradition however it does impose some conditions, the person who is being extradited should not be subjected to torture or inhuman treatment. Finally, can it be said that following the implementation of the Human Rights Act the protection of human rights has improved or, on the contrary, worsened? It seems that there is no ’right’ answer to this question. As has been shown above, ministers can be very critical of the way the Act is interpreted while the judiciary appears very enthusiastic. Nonetheless, human rights are now an integral, and written, part of the British constitution. The Act introduced a new approach to statutory interpretation and added to the range of reasons on which government action can be found unlawful. In other words it increased the accountability of the executive and at the same time encouraged respect for the rule of law. Accordingly, it can be concluded that the Act facilitated many positive changes. BIBLIOGRAPHY TEXTBOOKS Munro, Colin R, Studies in Constitutional Law, Butterworths, second edition, 1999. ARTICLES Glover, Richard, Retrospectivity and the Human Rights Act 1998, [2003] 4 JCLI. CASES Alconbury Limited v Secretary of State for the Environment, Transport and the Regions [2001] 2 WLR 1389. Mendoza v Ghaidan [2003] 2 WLR 478. Michael Douglas and Catherine Zeta-Jones v Hello! (2001) 2 All ER 289. R (Q and others) v Secretary of State for the Home Department, 20 February 2003, Times Law Reports STATUTES 1998 Human Rights Act 2006Terrorism Act INTERNET SOURCES Lester, Anthony, The Human Rights Act five years on. 2003 (online). Available from: http://www.hrla.org.uk/docs/lord lester.pdf#search=human rights act 1998 law [Accessed on 6 August 2006]. Footnotes [1] Munro, Colin R., Studies in Constitutional Law, Butterworths) 1999, p. 1. [2] Munro 2. [3] Griffith, John, The political constitution, (1979) 42 MLR 1. [4] [1974] AC 765, [1974] 1 All ER 609. [5] Munro 3. [6] Munro 13. [7] Munro, Colin R., Studies in Constitutional Law, Butterworths) 1999, p. 57, per G. Marshall and GC Moodie. [8] Oonagh Gay, Thomas Powell, Individual ministerial responsibility issues and examples, Research Paper 04/31, (2004). [9] Oonagh Gay, Thomas Powell, Collective responsibility of Ministers an outline of the issues, Research Paper 04/82, (2004). [10] [1991] 1 AC 521. [11] (1988) QBD. [12] Munro 32. [13] Munro 29 44. [14]Matthew Leeke, Chris Sear and Oonagh Gay, Parliament and Constitution Centre, An Introduction to Devolution in the UK, Research Paper 03/84, (2003), p 7. [15] Munro 127 -166. [16] Government

Editha :: essays research papers

Editha   Ã‚  Ã‚  Ã‚  Ã‚  In the beginning Editha is war hungry. She wants her country to go to war, and she wants George to go and fight. Even though the author doesnà ¢Ã¢â€š ¬Ã¢â€ž ¢t give the age of Editha, I believe she acts very childish, and immature. I understand loving your country and wanting to fight for it, but one must also realize the danger that comes along with it. She is obsessed with her country and fighting for it. She puts an ultimatum on George. He is unsure of the war, and unsure of fighting in it, but she constantly pushes him to go. She even evolves God in it. Saying à ¢Ã¢â€š ¬Ã…“God meant it to be warà ¢Ã¢â€š ¬? (273). She is speaking of it, as if it was a à ¢Ã¢â€š ¬Ã…“Holy Warà ¢Ã¢â€š ¬?. This is not the case, and George does not buy into it, but she keeps pushing him. The ultimatum comes when he says à ¢Ã¢â€š ¬Ã…“Ià ¢Ã¢â€š ¬Ã¢â€ž ¢ll come back to supper, if youà ¢Ã¢â€š ¬Ã¢â€ž ¢ll let me. Perhaps I shall bring you a convertà ¢Ã¢â€š ¬? (272). She repl ies with à ¢Ã¢â€š ¬Ã…“Well, you may come back, on that conditionà ¢Ã¢â€š ¬? (272). She is putting à ¢Ã¢â€š ¬Ã…“if, and only ifà ¢Ã¢â€š ¬? requirements on his return to her.   Ã‚  Ã‚  Ã‚  Ã‚  Once he leaves, she gets more demanding, and writes him a letter explaining that if he doesnà ¢Ã¢â€š ¬Ã¢â€ž ¢t make the right (or her) decision, then the engagement will be off. Her love of country is more important than the love of her man; à ¢Ã¢â€š ¬Ã…“There is no honor above America with me. In this great hour there is no other honorà ¢Ã¢â€š ¬? (273). Editha is very set in this train of thought, she can see no other way, and no other options but to fight. If George does not fight, then she cannot marry him. She is forcing her morals, and ideals down his throat, and he does not have a chance to stand up for his own. Editha claims, à ¢Ã¢â€š ¬Ã…“She could not accept for her country or herself a forced sacrificeà ¢Ã¢â€š ¬? (273). Yet this is exactly what she is doing. These few rational insights lead me to believe that Editha suffers from some sort of mental instability. She claims not to want a forced sacrifice, yet this is what she does, and when a ratio nal insight crosses her mind, she recognizes it, yet she dismisses it as fast as it came to her. I feel that she guiltà ¢Ã¢â€š ¬Ã¢â€ž ¢s George into going to war, and is very proud to have done so, when she learns of his decision.

The Telescope :: physics science space telescope

There is a beckoning about space—an indefinable pull towards its airless environment. While I share a childlike excitement of zero gravity far off planets, I don’t lose myself in heavenly dreaming. Infact, what is more my fascination, is the technology that allows children to have their dreams, that allow them to grow up and actually touch the stars! And thus, I put forward for your enjoyment and enlightenment, a detail and profile of the most landmark instrument ever created for observation of the stars! Two pieces of glass (three at most) are used to either refract or reflect light emitted by a far off source. Radio telescopes are similar (though will not be addressed here) in that they collect energy signals from far off sources. People commit hundreds of hours of their lives, willingly, to a continuous myopic view of the universe, generally very alone atop some secluded high mountain like a Buddhist monk. What do the efforts of these researchers matter to us? Wouldn't their time be better spent raising their children or contributing to their community? But these researchers do matter and their efforts are fruitful. What these martyrs of loneliness are providing is a biopic view for the rest of humanity. They are providing a complete and ever expanding image of our place in the solar system—an account of the space in which we live. Space is the substance of metaphysical conjecture and childhood visions. It is, to borrow famous words, "the final frontier"! Profound landmark discoveries have shaped our interpretation of our manner of habitation and altered our ways of living to live in a cleaner, more humble, relationship with the substantive universe around us. These researchers have studied the births and deaths of stars, the motions of planets and space bodies, the unbelievable natural phenomena of the heavens that, in their spectacular magnitude and power, seem to bring our universe back down to where is feels more real. We can only take in the reaches of space one eye at a time, but little by little, but picture becomes clearer. Politics The early 1600 were a time of church authority and undisputable tradition. Such were these high emotions that in 1616, an edict was past prohibiting support of the Copernican thought of a heliocentric system. At the slightest suggestion of any thought other than the earth being the center of the universe and the church would actively rise against the authors of those notions.

A Depiction of Three Ages in Robert Frosts The Road Not Taken :: Road Not Taken essays

The Road Not Taken: Depiction of Three Ages  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   In his Explicator article, â€Å"Frost’s ‘The Road Not Taken,’† William George suggests that the poem includes â€Å"three distinct ages† of the narrator and focuses on the choices that this person must make at the different stages of his life (230).   George differentiates the primary speaker of the poem, what he calls the â€Å"middle-aged self,† from the younger and older versions, noting that the middle-aged version mocks the other two by taking a more objective stance towards his decision.   The younger and older versions â€Å"are given to emotion, self-deception, and self-congratulation, and both face a decision which the middle-aged speaker sees with more objective eyes than do his younger and older selves† (230).   George demonstrates that, while the middle-aged self is able to view his other selves objectively without delusion and self-aggrandizement, the younger and older selves are incapable of this kind of objectivity in their decision-making.   George’s analysis is broken into two parts;   the first part is an analysis of the relationship between the middle-aged self and the younger self, while the second part is an analysis of the relationship between the middle-aged self and the older self.   In the first part of the article, George suggests that the younger self is faced with choosing between two roads, paths that the middle-aged self understands are very similar; the younger self, however, refuses to accept their equal value and instead deludes himself with the idea of having chosen a less traveled path (230-31).   In the second part of the article, George describes how the older self is faced with choosing between telling the truth about his decision as a youth or lying about it;   while the middle-aged self fully recognizes that the choice of the past was not grand, the older self chooses to cover over this truth through deception and self-aggrandizement (231).

Everything has to evolve or else it perishes Essay

Denial, and acceptance, these words are intertwined with innocence, and the loss of said innocence. In order for one to mature one has to accept the truth and make necessary adjustments. The people who deny the truth don’t experience the â€Å"fall from innocence† and may be blind to the things going on around them. If the innocent chooses to accept the truth the characters â€Å"evolves† and falls from innocence. If a character chooses to deny the truth it will take a toll on the character mentally, or physically. In A Separate Peace, John Knowles uses the archetype of the Fall from Innocence in order to illustrate Leper’s philosophy, â€Å"Everything has to evolve or else it perishes. † He demonstrates this theme through the characters of Leper, Finny, and Gene. Gene is a character in the book who loses his innocence. Gene is smart young man attending attending Devon school. He is best friend’s with Finny. Gene is always competing with Finny, most of the time Finny doesn’t realize this. Finny is oblivious to many of the things going around him and is always happy. Finny’s attitude and the way he carries himself frustrate Gene. Finny is â€Å"perfect† and nothing ever seems to go wrong in Finny’s life. Gene becomes jealous of Finny and begins to resent Finny for trying to sabotage his academics. These feelings of jealousy eventually cause Gene to push Finny off the tree. Gene tries to preserve his innocence by attempting to convince himself that he was not responsible for the fall and that it must have mysteriously happened. The fall shattered Finny’s legs. Deep down Gene knew that he was responsible for Finny’s fall. This experience was traumatizing for Gene. Gene would have to deal with the fact that HE was responsible for Finny not being able to do anything he loved. Gene was responsible for Finny not being able to be in the Olympics, not being able to enlist, and causing Finny to eventually lose his innocence. Gene was directly responsible for his best friend’s problems and he couldn’t ignore it. Gene chose not to enlist to stay with Finny, he chose to train for the Olympics for Finny, he probably would have done more if he had to. Gene did these to protect his innocence, and make himself feel better. He did not want to believe he was responsible and was trying to make up for the fall by doing these. After the fallt things don’t get better for Gene. It isn’t until Leper’s testimony that he must accept what he has done. When Leper confirms that it was not an accident and that Gene was responsible for breaking his best friend’s legs Gene can no longer pretend that everything is fine. Everyone including Finny knew that Gene was responsible. Gene could no longer act like he did not do it. Gene had to cope with his actions and their consequences. Accepting his actions are what lead to Gene losing his innocence. Finny is an example of the Innocent archetype, who â€Å"perishes† when he denies the truth. Finny is a prime example of the innocent, he seeks safety, he is naive and doesn’t understand or want to understand the evils of the world. Finny’s loss comes at the hands of his best friend Gene. Finny’s fall begins when he and Gene decide to jump off the tree and Finny falls off the tree. Finny is an exceptional athlete and has jumped off the tree many times. In his mind nothing like this could ever happen, he’s done things like this many times before, and has done them well. Falling off the tree could have never been his fault and he knew that. That is why he looked at Gene with â€Å"extreme interest† as he fell. Somewhere in his mind he felt that Gene could have been responsible for this but he didn’t want to believe this and chose not to. He could not believe that his best friend could have pushed him off the tree which led could have led to things for more severe than broken legs. When Gene tells Finny that he was responsible for his fall Finny continues to deny this and even apologizes for thinking Gene could have been responsible. Later on in the book when Brinker tries to find the truth about the fall and Finny has no choice but to accept the truth he continues to deny it. Rather than hearing all of the truth, that Gene was responsible for his fall, which would destroy his world he decides to leave the presence of everyone else. Finny’s suspicions were right but he, the innocent boy, can’t accept that anybody would be cruel enough to push him off the tree. As he takes the stairs to leave, he slips and falls. This fall would later be the cause of his death. Finny refuses to grow up, and accept the events taking place in his life, regardless of the evidence that shows his perfect world has many imperfections. His clouded judgement and refusal to accept the truth and evolve eventually leads to his death. Leper’s loss is portrayed through his insanity. Leper was once a sane, quiet boy who was interested in skiing, and went to school with Gene, and Finny. One day Leper found out that the army had skiing patrol and his passion for skiing lead to him enlisting in the army. Leper’s decision to enlist in the army was not influenced by the possible consequences and responsibilities of the war but by his passion to ski. Leper was not aware of the reality of the war, and what was going to happen once he enlisted. His innocence led him to believe that nothing bad could come from the war and he would only be skiing. Once he faced the reality of the war Leper could not handle it. The traumatic experiences from the war led to his insanity and him leaving the war. Leper was a timid, innocent boy who had not been exposed to the horrors of the real world and the war. Once he enlisted he had to face a world that he could not handle, his innocence was lost. In A Separate Peace three boys, Finny, Gene, and Leper all experience a â€Å"Fall from Innocence. † The three characters have to deal with circumstances they have never dealt with before. Not prepared to handle these events they experience a â€Å"Fall from Innocence. †

Mittal Steel in 2006

Mittal Steal in 2006: Changing the Global Steel Game Industry Analysis Although steel was a highly demanded good, the industry as a whole was largely unprofitable. One reason for this was that the industry remained highly fragmented in contrast to their suppliers and even some of their buyers, who were considerably more consolidated. Aside from the increased competition that fragmentation contributed to, it also degraded the steal industry’s bargaining power to raw material suppliers and in some cases, such as the auto industry, the buyers.The resulting high fixed costs, volatile raw material prices, and intense price competition fueled unstable profitability. Adding to the fragmentation issues was a lack of differentiation in the market. For the longest time there were really only two production possibilities. One, being vertically integrated and producing higher-grade steel at a higher cost of operation, or two, de-verticalize and focus on low cost, low-grade steel productio n. Depending on the production selected, the resulting accessible customer base was limited.This lack of differentiation further fueled the limited bargaining power of steel manufacturers. As stated above, steel was highly demanded. The problem was that the growth of that demand remained quite stagnate for nearly 20 years. It wasn’t until the explosion of growth in the Chinese construction industry, attributing to 25% of total steel consumption, that the steel industry saw any profitability. In an industry where customers demand a low cost and a consistent product, being able to maintain a reliable supply while being as cost efficient as possible was key to a firms success.Though there was a spike in Chinese demand, only those strategically positioned could access the true value of the Chinese market. This was because the steel industry operated primarily on an intra-regional basis. Many factors attributed to this, but a firm’s dependence on raw material access, and tr ying to avoid high transportation and tariff costs, as well as delivery lags, were the primary reasons for high regional trade. In order to access the benefits of regional trade, firms had to expand their operations through high FDI in the form of M&A’s.This gained them access to highly profitable regions and it allowed firms to spread their risk over a larger area, reducing the impact of demand fluctuations in one particular region. The reason many of these M&A opportunities existed was because of a major shit from government owned steel plants to privatization. Through privatization, FDI opportunities became possible in many countries, thus make intra-regional trade more accessible and attractive. Consolidation & Integration Recognizing that the dynamics of the market were changing, LNM was quick to take advantage.He was steadfast in his belief that they only way to create sustained success was through consolidation and integration. With increased privatization opportunitie s available, LNM began a series of M&A’s that would gain him access to regions that were highly profitable, had lower labor costs, and would position him to have higher bargaining power with suppliers. LNM made the first moves in the industry toward consolidation, and was this strategic initiative that has since driven the evolution of the industry to where it is today.A major source of value creation was derived from their technological lead in DRI. LNM decided early on to focus their operations around â€Å"integrated minimills†, which was untraditional at the time. Through this structure he was able to capture the maximum value of his operation, using scrap in the minimills, then reverse integrating into DRI. Once unreliable, DRI technology had advanced so much that it’s output was now comparable to the quality of integrated steel plants.This technology stronghold provided them better quality steel at a cheaper cost of production, providing them with a huge c ompetitive advantage. Additionally, It was this technology, aided by a proven SWAT team and protocol, which supported their ability to transform underperforming government owned plants to profitable ones in a short period. LMN’s initial approach was to resurrect distressed government owed plants then breath new life into them through technology sharing and smart practices.He soon sought larger targets that would provide him not only economies of scale, but also provide competitive advantages through geographic scope. Starting with Karmet, he began to shift his targeting toward plants that were either highly integrated, possessed significant mineral rights, or supplied a strategic geographic advantage. Through designing their activity architecture in this way, Mittal steel became the world's largest and most integrated steelmaker; providing strong positions in North America, Europe, Asia, and Africa.The result of their strategic positioning, combined with their focus of coordi nation through KIP and KMP, made Mittal the first firm in the industry to operate as a transnational organization. Each plant provided its own uniqueness, providing different capabilities and skills that could be harnessed for the good of the whole organization. There was also a heavy flow of people, materials and finances between the interdependent plants, but at the center of it all was the Mittal Steel directing tight coordination and a shared strategic decision making process. On a regional level, they operated through regional hubs.This allows Mittal’s positioning of adjacent plants to source from the same suppliers, increasing their bargaining power and reliability of supply, while not jeopardizing cannibalism of sales as each plant’s customer base was unique to their location. Mittal’s vertical integration in mining and low cost position helps support profitability and helps to  reduce capital expenditure needs. They are the most diversified steel  co mpany in the world in terms of asset  location and market presence. They also have a diverse product range, including both flat and long steel.As such, Mittal is not overly dependent on any single  region, product, or end market. These benefits are somewhat mitigated however by the risks associated with Mittal’s rapid expansion through acquisitions. These include such things as institutional risks associated with emerging markets and uncertainties regarding the integration of newly acquired assets, although Mittal's  integration track record has been successful to date. Arcelor Acquisition In light of the above information, I believe that Mittal should pursue the Arcelor acquisition aggressively.Mittal Steel & Arcelor complement each other in terms of geographical coverage and product mix, as there is no significant overlap. Mittal has strong positions in the U. S. market; low-cost operations in Central and  Eastern Europe, Asia and Africa; and vertical raw-material i ntegration. Arcelor is the leader in higher value-added products with strongholds in Western Europe and Brazil, as well as a focus on Russia, India, and China. I believe that the positioning of Arcelor’s plants and resource capabilities would integrate nicely to Mittal’s activity architecture.There would be very minimal duplications of effort, and many of the regions that Arcelor operates are in prime locations to source raw materials. The addition will only strengthen Mittal’s integrated transnational value chain. Through acquisition, Mittal would produce nearly 110 million tonnes of steel per year, making them three times as large than their next competitor. Although this can lead to diseconomies of scale, in Mittal’s case, as the largest player in the steel industry both globally and in the key markets, the combined group would enjoy significant bargaining power.Additionally, through shared expertise, the combined entity would be in a better position t o develop the high growth region of China and South East Asia. Arcelor’s alliance with Nippon and Mittal’s acquisition of Karmet and stake in Valin will provide access to critical Asian markets. Regardless of the â€Å"synergies† the acquisition will create, caution still needs to be exercised by Mittal. There are evident signs that the acquisition will not be welcomed by Arcelor, assuming that Mr. Dolle’s canceled meeting and unreturned phone call was an indication to his temperature on the proposal.If the acquisition turned hostile there is a good chance Mittal would have to overpay for Arcelor, which could have adverse affects to it investment ratings. At the current bid price Mittal would already have to leverage â‚ ¬5 billion and would be in debt by â‚ ¬11. 5 billion. Although they have a good track record of ROI and the industry as a whole has seen a spike in ROIC, they do not want to spend more than they have to. Despite the favorable history and perceived synergies, Mittal should pay at a maximum â‚ ¬27. 1 billion for the deal. They should obviously try to pay as close to the current bid as possible, but at â‚ ¬27. billion they are still in a position where they could access the capital needed given their successful history. Also, at the mark of â‚ ¬27. 1 billion their debt would raise to â‚ ¬20 billion, but with an EBITDA of over â‚ ¬5. 5 billion annually, not to mention the added revenues from the acquisition, the debt could be confidently paid off in a reasonable timeframe. If the bidding exceeds the mark of â‚ ¬27. 1 billion, the negotiations should be ceased and Mittal should pursue other opportunities to continue their global footprint expansion.

Andy Goldsworthy

His work is ephemeral- not going to last forever. Because is artwork doesn't last, the videos/ photos become the artwork. Through the making of his artwork, he learns about nature It is always straight to work- no time for research on the area he is in. He has been taking photographs since school- it is the way that he documents his artwork It is his way of reflecting on what he has make He doesn't have a clear picture of what It Is he Is going to make- he goes out and sees what the day is doing, what it will let him make.The land itself entices him and the absence of nature Background, Influences: English- lives In Scotland The nature, area around him Land art/ earth art in the ass's-ass's art movement The term earth or land art is used to describe site-specific artworks made in the environment, using the materials and forms of the environment. Most earth art is known to the public through photographs and written records. Because earth art is part of the environment It is subject to the force of nature that can cause it to change over time, or can even destroy It.The rise of earth art In the 1960 Is sometime associated with an Increasing awareness of environmental Issues. Most artist, however were attracted to earth art as part of a desire to escape the gallery system and the communication of art objects. Interests, Themes, Ideas, Intentions: Responds to what is happening at that moment, In the day with the Items around him Death and decay Growth, change, flow, nature He uses everything from leaves and sticks to sheep wool. Movement, change (in material, season and weather) Light, sunlight, snow reflections, mist The energy and space around a material

Seiko Go Upmarket

Executive Summary Seiko Watch Corporation and its predecessor had always been innovative in watch technology development and brought many industry firsts to the watch market, and Seiko was very successful before the 1990s. With competitive environment change started in the 1990s, Seiko found it was not in the right segment of the market for growth, this segment is high end watch market. Seiko tried to break into the high end watch segment, but the attempts haven’t been proved successful.Based on detailed analysis of Seiko’s industry environment, competitive arena, and internal issues, conclusion was drawn that Seiko’s past vision, strategy and structure didn’t support its ambition to be an important player in the high end watch market. Countermeasures were then proposed: 1) have a clear and viable vision for future; 2) install a solid strategy of brands differentiation; and 3) match the strategy with organizational structure and resources. * IntroductionTh is case, â€Å"SEIKO WATCH CORPORATION: MOVING UPMARKET†, examined Japanese watch maker Seiko’s history, major technology developments, competitive environment, business expansion, and efforts and challenges to uplift brand image to compete in high end market segment. Seiko’s predecessor K. Hattori was established by 22-year-old founder Kintaro Hattori in 1881. The business was started with second-hand clocks sell and repair, and later on retailing and wholesaling of imported clocks.Hattori then established Seikosha (â€Å"Seiko† means exquisite and â€Å"sha† means house in Japanese) in 1892 to begin to produce wall clocks, launched the first wristwatch in Japan in 1913, and started to use Seiko brand on watches in 1923. Since then, Seiko had been enjoyed rapid growth in domestic market until 1950s when it accounted for 50% of total production in Japan, while Citizen and Orient shared the remaining 50%. Facing pressure from Swiss watch makers, Sei ko started to upgrade its technology to improve accuracy and add features, and managed to be comparable with Swiss products in terms of accuracy in the early 1960s.Around the same timeframe, after dominating the domestic competition in the late 1950s, Seiko started to go abroad. Through advertising initiatives such as being official time keeper of the 1964 Tokyo Olympic Games and continued technology focus such as being the world’s first company to introduce quartz wristwatch in 1969, Seiko earned its place in international market: it had become the leading watch brand in most Asian countries and successfully built sales channels in US and European countries by 1970s.Though Seiko was historically accepted by domestic customers as luxury watches producer at top-end of the market in addition to mid-range watches, its several attempts to reposition itself to high-end segment in international watch market didn’t enjoy much success: in the late 1970s, Seiko bought Jean Lass ale, a Swill watch brand, to form a sub-brand â€Å"Seiko Lassale† to sell luxury quartz dress watches at higher price points in international markets, but this brand was not successful in the US and Europe markets and eventually discontinued; another sub-brand â€Å"Grand Seiko†, once alive in 1960s aiming at the high end of the domestic watch market, was re-launched in the late 1980s to flight with Swiss watch makers in the high end segment, this attempt didn’t meet its desired effect otherwise Seiko would have not taken the third try in 2000s to move upward of the market through the spring drive technology. In 2007, doubt about brand upgrade was casted on Seiko again. * Analysis of the issues The myriad of problems facing Seiko can be traced to below three causes. Industry environment – Strategic context change of the horological industryThe first phase – before the late 1950s / early 1960s, everybody in the watch industry had competed in a pret ty straight forward environment: watches were mainly used for chronometric purpose, watch’s core technology was homogenous (everybody in the horological industry used mechanical movements system), and main objectives for watch makers were to mass produce precise timepieces at competitive cost and sell to everybody needs a watch. Seiko did a nice job in this era. It occupied majority of Japanese domestic market share and caught Swiss rivals up in terms of production facility and product accuracy. The second phase – from the late 1950s / early 1960s through the 1970s and 1980s, technological revolution, mainly application of electronics and quartz technologies, reshaped the horological industry. Every watch shared certain common elements: a movement to measure the passage of time, any energy source, a display, a case, and a bracelet or strap.Electronics altered the stereotype of energy source and display, while more significantly, quartz timekeeping technology broke the tradition of mechanical movement to bring much more accuracy to watch benefiting from its properties of a quartz crystal oscillating at precise frequencies. Comparing to mechanical components, electronics and quartz components could be produced and assembled at more stable, economic, and fashionable way, Watches then could be offered to customers with unprecedented accuracy, lower cost, and fashion statement. To embrace the change or be changed, all players of the industry went through an era of uncertainty and innovation. Seiko was very creative in the time and pioneered many watch technologies to the market. Seiko started expanding overseas and its international brand image was formed during the period. In the meanwhile, Seiko began efforts to setup sub-brand to move up in market.People would not have known ramifications of what they were doing when in process of historical events, but looking back into history, we know today the seed of Seiko dilemma was planted in the 1970s and 1980s under the soil of its success. The third phase – the 1990s was a no name decade for Japanese watch makers including Seiko. Domestic economy was staggering. Watch technology was still in evolution, but there was no break-through invention like quartz could stir up the arena. Low cost economies such as China and Hongkong were arising to take over in mid-priced and low-end watch market. Swiss watch makers firmly seized hold of high-end watch market while fighting back in mid to low end market.Watch Competitors came out from outside of the chronological industry: pocketable digital device made watch no longer a functional necessity for timekeeping purpose. Seiko sales declined in the decade. The fourth phase – after the millennium, prevalence of cell phones further deteriorated watches’ position as personal primary timekeeping accessory. People bought watches not for time telling but for social status and prestige distinguishing. Global demand for luxury goods grew, and high-end segment of the watch market was emerging as the most profitable and the fastest growing sector. Seiko was adjusting itself to the new era, but its brand image had never been perceived as luxury.Competitive arena – Strong Swiss competitors in high end segment, fierce competition in mid and low end segments from LCE (low cost economy) watch makers, domestic rivals, and Swatch group In the high end segment, Swiss watch makers were lost in the 1970s when quartz technology was changing the game. Though painful, a number of Swiss watch companies such as Patek Philippe, Rolex, and Omega chose to stick to mechanical watch making, and they laughed at last. Below quotation could best describe the situation: We worked really hard in the 1980s where everybody was dead. The quartz movement came in the 1970s, so all the other watchmakers threw away everything, both their equipment and their movements. In the 1980s is when we started to redevelop all our complications.At the time, my father [Philippe Stern] had a vision that only one type of watch should remain – the one with a mechanical complication. He believed there would always be people who appreciate fine mechanisms, whether it's manual winding or automatic. And he was right. It's like a nice painting. It's something unique, rare and made with passion. * Thierry Stern, Patek Philippe President, interviewed by Timezone. com in Sep 2012 In the mid and low end segments, Seiko’s attacks were from all around as technologies were easy to duplicate and consumers really cared about money they were spent, thus if you could provide fair quality watches with lower cost, e. g.LCE watch manufacturers, you could win some share of the market segment; if you could provide good quality watches with comparable cost but more features and fashion styles, e. g. Japanese domestic competitors Citizen and Casio as well as Swatch group from Swiss, you could gain some other share of the segment of this market. Company vision, strategy and structure – Seiko had no clear vision and strategy for the era of watches as prestige symbol, its structure was prohibitive from effective decision making and resources utilization Vision – we know in the 1970s and 1980s, Seiko enjoyed much success and went global as an icon of precise and inexpensive quartz technology.Seiko didn’t foresee that the greater success it appreciated the stronger consumer would tie it to the quartz brand, and fine craftsmanship of mechanical watch making would override in the future. Seiko has always been innovative in technology development, but failed to grasp a watch’s implication to today’s consumer: time is timeless and invaluable; consumers would eventually wish their watches as seen carrier of time are timeless and invaluable as well. Quartz or electronics is perceived by consumers as ephemeral and cheap consumable stuff. Strategy – Seiko made mistakes in brand portfoli o strategy. It launched two sub-brands to go up of the market segment in the years.The â€Å"Seiko Lassale† equipped with quartz movement was launched in the late 1970s and discontinued when it turns out not welcomed in US and European markets. The â€Å"Grand Seiko† featuring mechanical movement was alive from 1960-1975 within Japan domestic market only, and had been stopped for more than a decade in the quartz era until re-launch in 1988 for global market featuring quartz movement, after another decade, the â€Å"Grand Seiko† sluggishly began to shift to high grade mechanical movement. Both the â€Å"Seiko Lassale† and the â€Å"Grand Seiko† were too close to Seiko name and technology of quartz to reverse the quartz image of usually non-luxury items. In addition, it seemed Seiko didn’t have a carefully planned long range brand strategy.High end sub-brands were created and abandoned. The recent example was that Spring Drive, Seiko’s latest breakthrough mechanical movement technology bared management hope to upgrade brand image, first debuted in lower â€Å"Seiko† product line rather than high end â€Å"Grand Seiko† line. Seiko’s another high end brand â€Å"Credor†, though had long history and good acceptance at home, had never been marketed in international markets. Structure – Seiko historically had too complicated structure arrangements: a sales company purchased Seiko watches from its parent company owned manufacturing arms, and the arms were competing with each other and developed into firms with watch as minor business.The good thing was Seiko management realized this point and reorganized the company in 2001 to streamline decision making and focus on branding. * Conclusion and Recommendation Seiko’s vision, strategy, and structure didn’t help the company to gain advantage over its rivals in the competitive environment in recent two decades. Recommendation for Seiko is to build prudent and viable company vision ;amp; strategy, link the vision and strategy together with organization structure and resources, and get the vision and strategy realized. Details are following: Seiko needs to re-think that who are Seiko’s intended, actual, potential, and future customers, and what do these customers value in a watch.Watch collectors and enthusiasts, successful executives, and younger generation of rich families should be target clients for top end watches. These people care about watches’ craftsmanship and uniqueness, aesthetic and intricate style, status and symbol indication, as well as investment and heritage value, much more than superior accuracy and function for daily use. Seiko should take care of the demands of these people. However, Seiko shouldn’t give up the mid to low end market. Consumers of this market segment need a quality watch for money, fashion, function features, and some kind of status symbol will be plus. Seiko needs to have a solid strategy of distinguishable brands to server different segment demands.Seiko can get best practice idea and lessons learned from companies in the watch industry, such as Swatch group, and in other industries, such as VW group in automotive industry and L’Oreal group in cosmetic industry. Though the basic inner technology and formula could be shared across different brands and models, the exterior and style must be different. Different brands should convey clear different messages to customers. It would take too many resources and too long time to move the current Seiko brand up. The â€Å"Grand Seiko† name is no significant different from â€Å"Seiko† name thus is not appropriate to be a top end brand, but could cover the segment in between.The brand â€Å"Credor† is suggested to carry over the high end segment responsibility and needs to expand globally under intensive and well-designed promotional campaign. Seiko made a positive move to centralize and streamline watch company organization; the next step would be to match brand differentiation needs with organizational structure and resources. The â€Å"Credor†, â€Å"Grand Seiko†, â€Å"Seiko†, and other brands could share R;amp;D, production facility, IT, finance, HR and administration. But segmental marketing and sales, brand management, and some other specialized tasks can’t be shared. Each brand should be led by experienced and proved executives and take its own profit and loss responsibility.