Saturday, August 31, 2019
How Can the American Legal System
How can the American legal system, which is so devoted to protecting individual rights, justify itself morally if it jeopardizes, through its own rules, the right of law-abiding citizens to personal peace and security? Although this is a very tough subject and every one in the United States will disagree with this question but I will start out by asking it anyway ââ¬Å" Is there any case in which the American law should put the law above the protection of its citizens? â⬠I found that I will have to answer this question with a hard NO! Because the American government has been sworn to the duty of protecting the itizens of the United States. To answer the question for this essay I am going to refer to the 9/11/01 attacks against the United States as a whole. The United States is a free country for any one whom wants to pursue their happiness and to own their own property or even go to school if they want. That is how this started we the people of the United States allowed those people to come over here to pursue their goals in life so they chose to go to flight school just so they would be able to use it against us (the United States). The death toll of the attacks was 2,995, including the 19 hijackers.The overwhelming majority of casualties were civilians, including nationals of over 70 countries. In addition, there is at least one secondary death ââ¬â one person was ruled by a medical examiner to have died from lung disease due to exposure to dust from the World Trade Center's collapse. (1) Now this is nothing about the billions of dollars in damage that was done to our nation. But this does go to show you that if the American government and legal system denies the people of our far United States this is just some of what other countries feel they would be able to do.To deny the people of the United States their peace and security can and does go unanswered for by the government. Although the government or American legal system may feel that this is justified by denying the people their peace and security but what of the feeling they would get without the feelings of peace and security. No I don't feel that the American law system can justify itself what so ever for the act of denying the people their peace and security.When the American law system starts to feel that they can take our peace and security from us for the sake of protecting individual rights then this country ust doesn't stand a chance against the countries whom wish do do us hard. So I say that no the American law system can not justify itself in morally or any other way when it comes to the people's feelings of peace and security personal or otherwise. With out the feelings of peace and security then the people would feel out of control and therefore the country would be out of control and any one that wanted to would be able to come over here and hurt our country in any way they feel fit.Reference: http://en. wikipedia. org/wiki/September_11_attacks
Friday, August 30, 2019
Filipino crab mentality Essay
Individuals have been aspiring for a progress in their country. With this kind of mindset, a nation will be able to embrace prosperity. On the other hand, the Philippines still remains to be poor even though we, Filipinos, have been longing for its progression. We have this disease called crab mentality that is one of the reasons that hinders the growth of our nation and is a great obstacle to the entire citizenry of our country. ââ¬Å"If I canââ¬â¢t have it, neither can you. â⬠ââ¬â A very popular phrase that runs along the way of thinking of many Filipinos. This short-sighted, selfish, non-constructive thinking is called crab mentality. Crab mentality that exists among many Filipinos was first coined by Ninotchka Rosca, is metaphorically illustrated by the behavior of crabs in a bucket. All of them are struggling for survival so they desperately need to get out of the bucket. One crab tries to climb its way out of the bucket but the other crabs beneath him will not let him escape and drags him down, thinking ââ¬Å"If I canââ¬â¢t escape here, then you cannot too. â⬠In the end, all of them will not be able to get out of the bucket. Crab mentality, as narrated by Kane Lawless, is a term used colloquially referring to a person trying to leave an unprivileged-life but is kept from doing so by other people who hold them back for they resent that personââ¬â¢s success. It is an act of keeping others from getting what they want and not wanting others to be successful. This prevalent Crab mentality is also reflected on the famous saying ââ¬Å"we all like our friends to get ahead, but not too far ahead. â⬠The tendency is they knock those people ahead of them down. A person pulls you down just to get them to the top or if it seems that that person canââ¬â¢t get out of his or her bad life, he or she pulls you down so that both of you will share the same misery. Filipino crab mentality entered the picture when the Spaniards colonized our country. Natural-born Filipino natives (indios) worked as servants to the peninsulares (Spaniards born in Spain but residing in the islands) and insulares (Spaniards who were already born in the Islands). In order to survive, indios totally embraced the crab mentality. They destroyed the reputation of a favorite. Once the damage had been done, the indios then presented themselves as better to others for them to become the new favorite of the peninsulares and insulares. Crab mentality was still practiced even after the Spanish colonization where we were next colonized by the Japanese and Americans. Decades passed but until now, traces of crab mentality have remained with modern-day Filipino (Americanenglish. ph). Unfortunately, such mentality is widely shown everywhere. It is found in business, charitable organizations, social networks, politics, education, and religion. Itââ¬â¢s also found across race, gender, and even at home. Crab mentality is like a zero sum game where a gain by one player must be matched by a loss of another player. There is no mutually beneficial exchange. There are only losers and winners in this world view, and everyone is into making someone else a loser. It is common in places which have competitive environment like in an organization or at an office. A struggling worker possesses crab mentality for he negates the successful deeds of his coworkers. Workers snag at each other to pull them down rather than congratulating someone who earns a promotion. People who attempts to get out of misery often find themselves foiled by friends and relatives who keep them sucking back in. When someone decided to pursue a college at a prestigious university, some of his friends, neighbors or even family members would discourage him to so that he wonââ¬â¢t be able to get out of his bad life situation or that he could not get ahead of them. In the world of politics, there is a character assassination. Politicians possess crustacean sensibilities. According to James, ââ¬Å"the crab mentality in the losers of the election will not let the winners succeed. The crab mentality in them will try to pull those in power down. â⬠For example, if Manny Villar wins, Jamby Madrigal camp will not simply shut up and pray Villar becomes a successful president. If Noynoy Aquino wins, the pro-Manny Villar group will probably not work together with Noynoy in helping him to attain progress for the country. They will not praise for their opponents vision of the Philippines nor they will help each other but they will find a new dirt to throw at someone else face instead. This mentality strikes at all levels. Neighbors are defaming neighbors through bad rumors and gossips. Jeepney drivers flat the tires of their fellow driversââ¬â¢ jeepney for them not to obtain higher income for the day. Students are destroying their classmatesââ¬â¢ work or project so they wonââ¬â¢t get higher grades than them. Why is there crab mentality? Crab mentality is manifested by the acts of hate, greed, envy, and jealousy. Men behave like crabs when these acts control their heart. They try to outdo each other because of insecurities and selfishness. The crab mentality exists because of the manââ¬â¢s unseen emotional demands and burning envy of the achievements and possessions of others. When one envies somebody, one of his natural reactions is to knock him down and that best describes crab mentality. Crab mentality is something that can be found in all segments of the society. It is reaching the top at the expense of others. Individuals hinder the path of the one aspiring for progress. They knock others down to acquire their position or to prevent them succeed. Like the crab, some people believe that lifting their selves up is to bring others down. Crab people may try to bring you down with every way they can, with anger, verbal attacks, spreading false information, talking behind your back, destroying your works and efforts, and discouraging you to greener pastures. Theyââ¬â¢ll ruin your reputation for you to lose your self-confidence and to stop reaching your dreams. We, Filipinos, fall as victim to the malady of crab mentality that wrecks the reputation of our country and that interferes to our nationââ¬â¢s progress. The Philippines just canââ¬â¢t seem to move forward with this mentality and we still wonder why our country remains poor. So who suffers in the end? Who are trapped all together and canââ¬â¢t ever escape in a bucket? All of us. WORKS CITED: Americanenglish. ph. Overcoming Crab Mentality Stigma with Better English Skills. 23 July 2013. Lawless, Kane. ââ¬Å"Crab Mentalityâ⬠a Universal trait of Mediocrity. The Madness to the Ties That Bind. 26 October 2010. Rosca, Ninotchka. Lily Pad. 05 September 2007. _______, James. The Crab Mentality of the Filipino people. 1 August 2009.
Thursday, August 29, 2019
ââ¬ÅHow Should Posco-Ippc Increase Its Footprint in the Automobile Segment?
| Business Management IA| ââ¬Å"How should POSCO-IPPC increase its footprint in the Automobile segment? | Candidate Name: Amrit Shah Session no. 002798011 School: Symbiosis International School Research Proposal: Executive Summary: 199 words Word Count: 1977| | Acknowledgements: I would like to acknowledge and thank: * Mrs. Vaishali Phatak for her support and assistance in helping me with this report * Mr. Bharat Indu Bhattacharya- Electric Steel Dept. Manager of POSCO-IPPC, Pvt. Limited, Pune ââ¬â for his contribution to the report and his time for the interview. * Mr. Joseph Joe- Automobile Steel Dept. Manager of POSCO-IPPC, Pvt. Limited, Pune- for his contribution to the report and his time for the interview. * Mr. Jacy Kim- General Manager of POSCO-IPPC, Pvt. Limited, Pune- for allowing me to do this report on the company and for providing guidance and help throughout. Executive Summary POSCO-IPPC, a steel distributor for the Korean company POSCO have plans about establishing themselves firmly in the Indian Steel Industry given that they are facing consumer problems from their customers in the Automobile sector. As such this paper analyzes the question, ââ¬Å"ââ¬Å"How should POSCO-IPPC increase its footprint in the Automobile segment? â⬠Primarily, a research question highlights the rationale, theoretical framework, action plan and methodology applied and possible constraints in answering the question. An Introduction enlightens us about the background and basic history related to the company itself and of relevance to the question. Findings and analysis is written on the basis of primary research inclusive of multiple interviews conducted with different managers and secondary research inclusive of mails concerning their expenses over the future prospects by the automobile sector manager that acted as a catalyst in evaluating using both financial (capacity utilization and decision tree) and non-financial methods(SWOT & PEST). The report mainly focuses on the problem of raw material which POSCO-IPPC is currently facing due to which they are not able to meet the increasing demand. Based on the research conducted, it is found that POSCO-IPPC has two options to overcome this problem. One that it could ask POSCO, Korea to supply them with greater raw material and the other that it could ask POSCO, Orissa, a manufacturing unit to supply them with raw material. These options have been evaluated keeping in mind the conditions to find out the most feasible option to give a strong conclusion. Possible solutions are discussed and the conclusion suggests that POSCO-IPPC in order to sustain itself in the Indian Steel Market needs to increase its output and using the financial and non-financial techniques discussed and the best viab1e option would be to increase its raw material supply from POSCO, Korea. Contents Acknowledgementsâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦2 Executive Summaryâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦ 3 Research Proposalâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦.. Introductionâ⬠¦Ã¢â¬ ¦Ã¢â ¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦ 8 Procedure/ Methodologyâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦ 9 Main Results and Finding â⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦. â⬠¦ 10 Analysis/Evaluationâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦ 12 Conclusions and Recommendationsâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦ 16 Bibliogr aphyâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦ 17 Appendixâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦ 18 Research Proposal Research Question How to increase POSCO-IPPC footprint in the Automobile segment? Rationale POSCO-IPPC, a distribution centre of Koreaââ¬â¢s POSCO Steel Company, is a newbie in the Indian Steel market; they have a monopoly in the Electric steel market and they are undergoing problems in the Automobile sector so they should work on capturing more consumers in the Automobile sector so that they are able to stabilize themselves. The research question focuses on the ways POSCO-IPPC should apply to set its footprint in the automobile segment. Theoretical Framework My plan is to utilize both financial and non-financial techniques to evaluate the problems incurred by the management so that they are able to firmly establish themselves in the automobile sector. The report will analyse the problems faced, thus it will try to solve it using the financial techniques of Capacity Utilisation and Decision Tree and non-financial techniques of SWOT and PEST which will analyse the other problems, opportunities and threats. Key Areas of Syllabus Unit 4 ââ¬â Operations management Decisions * Introducing Operations Management Improving operational efficiency: Capacity, Scale of production Unit 6 ââ¬â Numerate techniques for business studies * Information for decision making Primary Research: * Interview with Electronic Steel manager Mr. Sharad Indu Bhattacharya regarding the company history, company status, market and other general aspects about the companyââ¬â¢s working. * Interview with Automobile Steel manager Mr. Joseph Joe regarding the market stats in Automobile sector, drawbacks, problems and possible implications so as to understand their market in the Automobile sector. Secondary Research: * Some Information and the list of customers of POSCO-IPPC, Pune, India received through mail from Mr. Joseph. * Other background history of POSCO, Korea used and other facts and figures were taken from the internet. Possible Problems:| Solutions:| Managers were not able to understand the true purpose of the interview resulting in very compact answers. | Managers were asked questions in a very narrow perspective which narrowed down to minute details. | Responses from the managers were related to only their departments, unable to give a general view. Requested them to get information from other managers as well. Small interview with a employee and the production manager. | Limited access to detailed information on the customers and the company as the locations are very far and detail information is confidential. | Acknowledged in the conclusion. | Financial Data was limited to a great extent as it was a new company and Data was yet not published. | Estimates have b een taken and where estimates could not be taken, it has been described in words. | | | Action Plan: Date| Task | 18th August, 2008. | Talked on phone with Mr. Jacy Kim who agreed to let me do my project on the company. | 20th August, 2008. | Will take an Interview with Mr. Bharat Indu BhattacharyaWill take an interview of Mr. Joseph Joe Research Question formulated. | 22nd August, 2008. | Planning will be done as to the way this essay needs to go about. Introduction and Research Proposal will be written. | 30th August, 2008. | Data Collection should be done. | 5th September, 2009. | Main results and findings will be written down based on the information gathered from Mr. Bharat Indu Bhattacharya and Mr. Joseph Joe over the days. 13th September, 2009. | Analysis of the data will be done. | 14th September, 2009. | Techniques of Capacity Utilization and Decision Tree will be applied. Will make a SWOT and PEST analysis. Analysis to be completed. | 15th January, 2009. | Recommendations written. Appendices made and attached. | 16th January, 2009. | Executive summary, content page, Action plan| Introduction: POSCO-India Pune Processing Centre Co. Ltd. , established in August 2006 but started its commercial distribution in 2006, and is a highly recognized by all the major companies of India for its great quality of its steel. Although being a newcomer in the Indian Steel Market, it has set its footprint as a Quality and principle based company. POSCO-IPPC is a coil centre for the Korean Steel giant POSCO Steel Limited which is a global producer of crude steel and finished steel goods. POSCO-IPPC involved an investment of 15 million dollars. It is an independent company of its own as it is a joint venture of POSCO (holding 65% of shares. ) and LG (holding 35% of shares. ) POSCO-IPPC is a processing unit which is locally managed. It is a processor-cum-distributor of steel in the electronic and automobile segment. It only plays a small role of slitting and shearing of the raw material as a processor. Its output is 10,000 metric tons per month with an annual turnover of 320 Crores in the previous financial year. It employs 120 people as its working staff out of which 60 are employed as payroll workers and other 60 are in contract. With the import prices and duties of steel and being a newbie in the Indian Steel market, it is facing competition from other distributors like ESSAR, TATA STEEL, JINDAL and other Chinese and Russian companies. In the Automobile sector, there are many problems created due to its high price and lack of output compared to that in the electronic steel sector for it holds monopoly in the sector for many of its products. As the management is highly equipped in its factors of production, it is researching on ways to exploit the Automobile market in order to firmly establish itself in the country. Therefore this report focuses on- ââ¬Å"How should POSCO-IPPC increase its footprint in the Automobile segment? â⬠Procedure/Methodology The Initial research included a detailed interview about the company and its standings with Mr. Bhattacharya-Electronic Steel manager. Another interview was with the Automobile Steel manager- Mr. Joseph Joe about the Automobile sector inclusive of the discussion over the problem mentioned in the research question. Underlining the major aspects in the interview, the questions focused on POSCO-IPPCââ¬â¢s strength, standings in the market, internal and external factors involved for and against production (which created the PEST, SWOT analysis and information for the analysis), and financial status and estimations advising financial techniques to be applied ( Capacity utilization and Decision Tree. The secondary research resulted in analyzing of POSCO Steelââ¬â¢s information and accessing other reports, industry statistics, market information and data via numerous internet sites. This helped in the results and findings, in strengthening the information available and recommendations and conclusions. It should be noted however, that financial data collected is based upon both à ¢â¬Ëactualââ¬â¢ and ââ¬Ëestimatesââ¬â¢, which need further validation. In addition, the validity of this report may be influenced by the apparent subjectivity of some financial data given confidentially issues. Main results and Findings POSCO-IPPC Private Limited is a subsidiary of POSCO, the world'sà fourth largest steel producer and one of the most competitive steel companies (World Steel Dynamics 2006) whose products are shipped to over 60 countries around the globe. Aside from this unit, POSCO has also invested 12 billion USD in Orissa which is proposed to produce an output of 12 million ton per annum by 2010. Since 1990, more than Rs 19,000 crores (US$ 4470. 58 million) has been invested in the steel industry of India and there is an increasing trend in its production. See Figure 1) The auto component sector has also posted significant growth of 20 per cent in 2003-04, to achieve a sales turnover of Rs. 30,640 crore (US$ 6. 7 billion)(See Figure 2). Such opportunities in the automobile sector and the Indian economy can help POSCO-IPPC to establish itself firmly. In terms of current market position, POSCO-IPPC brands itself as a leading provider of electric steel in some of the areas in India for not many of the companies have explored the electric steel market. Being a newcomer, it plans to inhabit the automobile steel market, where it still hasnââ¬â¢t managed to set its foot firmly. The company is based upon certain policies and factors which many of the customers are unable to comply with. POSCO is a global player and it supplies and manufactures steel all over the world. It exports steel from South Korea at an international price which is comparatively high in Indian currency so this difference between the prices, leads to a high price charged by the company. Due to the high price, POSCO decided to put a special price (Rs 49000-cold rolled steel) to fit in the market but in exchange for lower supply of steel so this reduces the supply power of POSCO-IPPC. POSCO-IPPC is only a distribution centre and does not manufacture. It is a market-oriented firm and follows the concept of mass customization for it creates the output maintaining to different customers need. It slits and shears steel depending upon the customerââ¬â¢s want. Its main customers are Crompton, LG and Suzlon in the electrics sector and Tata and Bajaj in the automobile sector. It uses batch production to produce an output of 10,000 metric tons per year where 1. 5% of the raw-material is wasted in slitting and shearing. The demand for their steel is a lot higher than their output and their capacity is also higher (35,000 metric tons/year) but the lack of raw-material limits them, due to the special price-low supply factor. Instead of creating more output, their machines are doing job work for other competitors like JINDAL, ESSAR, etc. of 5000 metric tons monthly. Highlighting the difficulty suffered in the case of TATA MOTORS Pvt. Limited Total Requirement of TATA | 30,000 (Demand going up by 7-10% annually) | TATAââ¬â¢s demand from POSCO (for high quality steel)| 5000-7000| POSCO-IPPCââ¬â¢s Supply to TATA| 2000-2500 (Rest to be supplied to other customers. )| POSCO-IPPCââ¬â¢s Cold Rolled Steel Price at the market | Rs. 53-55000| TATAââ¬â¢s pay price to POSCO | Rs. 48000| | | | | (All figures are in metric tons/month) Analysis/Evaluation: The evaluation of different problems which cause hindrances in trade with other companies will be done with the help of certain financial and non-financial techniques. Financial Analysis: I. Capacity Utilization With the purpose of utilizing its capital to the fullest, POSCO-IPPC has two pathways in order to supply more in the steel market and set its foot strongly: a) acquiring more raw-materials from POSCO, Korea. b) Purchasing of raw-material from POSCO manufacturing unit at Orissa, India. Thus, we will analyze the present scenario of capacity utilization in compared with the two options mentioned above. Present Capacity Utilization scenario: The capital utilization is calculated in percentage and the formulae used for it is given below: OutputMaximum capacity? 00 Current Output: 10000 metric tons/ month. Maximum Capacity: 11250 metric tons/ month. Capacity Utilization = 1000011250? 100 = 88. 89% Option a): acquiring more raw-materials from POSCO, Korea: Estimated output: 11250 metric tons/ month Maximum capacity: 11250 metric tons/ month Capacity Utilization = 1125011250? 100 = 100% Option b): Purchasing of raw-material from POSCO manufacturing branch at Orissa in India: Estimated Output: 11250 metric tons/ month Maximum Capacity: 11250 metric tons/ month Capacity Utilization = 1125011250? 100 = 100% II. Decision Tree: Utilizing this approach for both the options and other decisions to be made by the company are evaluated and financially viable decisions are suggested. (Figure 1) (All money values are in Indian Rupees) Key: Decision square Chance node Calculations: (611. 105mn ? 0. 6) + (466. 07mn ? 0. 4) ââ¬â 500mn = 53. 091mn INR (572. 88 ? 0. 3) + (491. 04 ? 0. 7) ââ¬â 500mn = 15. 592mn INR Non-financial analysis: India has gone through a considerable change in the production and consumption of Steel in the past 10 years. Driven a booming economy and concomitant demand levels, consumption of steel has grown by 12. 5 per cent during the last three years it has been forecast that the apparent steel use point in India will increase by 11. 8 per cent in 2008. POSCO-IPPC has great opportunities to set their foot firmly in the Automobile sector. The POSCO steel plant is Indiaââ¬â¢s single largest foreign investment project ever. For its part, the Indian government is eager to boost its steel production and attract more foreign investment through such a lucrative partnership. But it also may lead to limiting of foreign ownership and application of protectionism to prevent foreign investment from exceeding its levels. Technology level in POSCO-IPPC is of high standards and helps them with maintaining the quality. The machines brought in are imported but India is a developing county and it has certain problems of electricity which results in regular power-cuts causing hindrances in processing of steel. These load-shedding periods are often covered by the use of generators but these generators prove to be expensive. The steel being imported is affected by any change in the foreign exchange policies and any government/fiscal policies which may affect them. POSCO-IPPC being a new-comer may feel threatened by the presence of multi-national companies as it leads to greater competition and more exploitation of resources. Conclusions and Recommendations: Available managementââ¬â¢s perception on the opportunities to establish themselves in the Steel Industry, it does appear that the management should research this further by the help of a market research and research on all of the customer needs. Analysing the written report on the basis of the data supplied, it appears that POSCO-IPPCââ¬â¢s only hindrance is its limitation of supply which if solved will solve many of their other problems. Using Capacity Utilisation and Decision tree, it was understood that if maximum capacity utilisation takes place, it will reduce the price; increase the output; increasing the output will lead to long term relationships with the customers; it will involve maximum utilisation of resources. Maximum capacity utilisation is only possible with the increase in output which can be only done by increase in the supply of steel. There had been two options discussed with the help of decision tree to look for the best and cheapest way to increase the supply by deciding upon the source. The analysis showed that purchasing from POSCO, Korea at the special price is more profitable (53. 091mn INR) but this is only possible if POSCO, Korea agrees to supply them at the special price. The second possible option was from purchasing steel from the other branch of POSCO at Orissa, India but this would prove less profitable (15. 592mn INR) as they would sell it at the selling price in order to save their profits. Other factors which tend to support POSCO-IPPC to set its foot in the Automobile sector include in the non-financial analysis: growing Indian economy and its Steel Industry; Government support; Great Quality Steel; modern technology used with strict disciplinary issues which makes them a good supplier. Recommendations: As such, my recommendations would be: * Undertake further research in terms of specific of customer requirements and problems, by performing a market research and research on the clients, as many of my findings are generic to the companyââ¬â¢s knowledge. More accurately determine the precise nature of the costs and profits upon purchasing steel from the sources analyzed in the written report. * Embark upon extensive research as to search other ways to increase the output and also request POSCO, Korea to supply more at the special price. However, my analysis is limited; it does not cover all the aspects of this topic due to the restraints of the data supplied. The re search was not more extensive because the unit was far away and many meetings were not possible with the officials as this would interrupt in their work . With only two personnel interviewed, a wider perspective from other departments must also be obtained . The report is a reference material, the research can be more extensive and proper results can be achieved if access to more data was possible. The Report is still in progress; there are many issues which need to be solved which can be done with the help of the recommendations and more access. Bibliography Books: AS Level and A level Business Studies, Peter Simpson, Cambridge University Press, Cambridge, 2002, Websites: http://www. stratfor. com/analysis/india_poscos_steel_investment_challenge Steel, India Brand Equity Fund, http://www. bef. org/industry/steel. aspx India Steel Industry, Economy Watch, http://www. economywatch. com/india-steel-industry/ India Automobile Industry, Economy Watch, http://www. economywatch. com/business-and-economy/automobile-industry. html Corporate overview, POSCO-INDIA, http://posco-india. com/website/company/corporate-overview. htm APPENDIX: * Appen dix 1: Interview Transcript with Mr. Bharat Indu BhattaCharya * Appendix 1: Interview Transcript with Mr. Joseph Joe * Appendix 3: SWOT Analysis * Appendix 4: PEST Analysis * Appendix 5: Graphs * Appendix 6: Mail from Mr. Joseph Joe Appendix 1: Interview Transcript with Mr. Bharat Indu Bhatta Charya, Electric Steel Dept. Manager of POSCO-IPPC, Pvt. Limited, Pune 1) Good Afternoon, Could you please enlighten us about your company? * Good Afternoon, POSCO-IPPC stands for POSCO ââ¬â India Pune Processing Unit. We are situated in the Talegaon Horticulture and Industrial Park in the dist. Of Pune. POSCO-IPPC is a coil centre as known by its parent company POSCO, which is a steel manufacturer giant in South Korea. It is the fourth largest producer of steel in the world and its distributors and manufacturing units are spread all over the world. From the start of this company to the present date, POSCO has led to massive advancements in the socio-economic status of South Korea. Coming back to POSCOââ¬â¢s investment in India, this is POSCOââ¬â¢s third investment, the other two being in Delhi and Orissa. Although POSCO is POSCO-IPPCââ¬â¢s main investor but it is an independent company which is locally managed. POSCO entering in a new market planned to establish this processing unit as a joint venture with LG International, where POSCO has 65% of shares and LG international owns the rest 35%. A total 15 million $ was invested in this project and it commercial processing started in 2006. 2) Can you emphasize more on your commercial processing and the working of this unit? * POSCO-IPPC processes the raw material which comes from POSCO, South Korea and distributes it to the customers. By processing, we mean the steel which comes from POSCO is slatted and sheared according to the customers need. We receive our steel in the form of coils, this is one reason for our being known as coil centre, then the coil is put in a machine which slits and shears it based on the dimensions set. This is then packed and sent to the respective customers. Our major customers are Crompton, LG, Suzlon, TATA and Bajaj. Our company produces output for electric steel as well as automobile steel. Although in the electric steel market, we hold a monopoly but in automobile, we are yet to expand our approach. These are the different types of steel we produce: Electric Steel * CRGNO- Cold Rolled Grain Oriented Steel * CRNO- Cold Rolled Non-Grained Steel Automobile Steel * HR ; PO- Hot Rolled and Pickled ; Oiled Steel Cold Rolled Steel * Stainless Steel White Goods * Electro-Galvanised Steel We have 120 people as staff, out of which 60 are on payroll and 60 are on contract. We follow the batch production for our processing unit. Our output is 10,000 metric tons / month with an annual turnover of 320 Crores as of last year. The raw material which comes to us, we add a value addition of 10% and sell it in the market. Our capacity to produce is 135,000 metric tons per annum where as its outp ut is low because of the lack of raw material so the capacity utilization is not up to the mark. So to involve our other machinery, we do job work for other companies of 5000 metric tons. 3) Can you please tell me about the managers of this company? * The managers at all the leading posts in the company are all from South Korea and they have been assigned by POSCO for a fixed period of years for a perfect start in the Indian Steel market. These are very experienced and are strict followers of discipline and quality. The work at POSCO-IPPC is efficient and advancing due to these managers. These are: * Gil Ho Bang ââ¬â Managing Director Jongyeol Her ââ¬â General Manager * Jung Chule Kim ââ¬â General Manager * Woon Tae Jung ââ¬â General Manager 4) Can you please tell us about the difficulties you are facing as a new company in the Indian Steel market? * We have a monopoly many in the market for Electric steel so we donââ¬â¢t have any problems in that sector but in the automobile sector, our competitors are well established and they have a far greater market share than POSCO-IPPC in the market so it creates pressure on us to create our product better than theirs to stay in the market. Our competitors: TATA STEEL, JINDAL, ESSAR, ISPAT and other Chinese and Russian companies. The two main difficulties which our company is facing are: * There has been a Star Rating which the Indian Government has started on the electric appliances. This effect of BAE Star Rating on the consumption of Electric Steel. * The Automobile sector in India is booming and has a lot of scope so POSCO-IPPC is trying to increase its footprint in the Automobile steel segment. There is a lot of demand for POSCOââ¬â¢s quality steel in the Automobile sector. 5) What is your SWOT? SWOT Strength * Any downfalls can be supported by POSCO-Distribution of quality steel ââ¬â Inherits a quality name in the market from POSCO- Maintains strict disciplinary levels- Market leader in Electric Steel- Demand for its quality steel in the Automobile sector-Machinery is very advanced and the labour employed are few but skilled. Weaknesses * Not enough raw materials-Is not yet able to firm its stand in the Ste el market-The high price of their product due to the currency of Korea being more powerful ââ¬â Language/ Cultural gap between India and Korea. Opportunities To increase its output and meet the high demand ââ¬â Lack of high quality steel in the Automobile market gives them a big opportunity ââ¬â India encouraging foreign investments- Increasing International trade between the countries- Rate of high economic and the country's economy gradually increasing- Special Reduced Price for the steel. Threats * Price of the raw material is highly dependent on the foreign exchange ââ¬â POSCO holding a small share in the market is comparatively smaller than its multi-national counterparts -Low output due to lack of raw materials which may result in the loss of customers and a long term relationship. Appendix 2: Interview Transcript with Mr. Joseph Joe, Automobile Steel Dept. Manager of POSCO-IPPC, Pvt. Limited, Pune 1) Good Afternoon, What can you tell me about POSCO-IPPC in relevance to the Automobile market? Good Afternoon, POSCO-IPPC is a subsidiary of POSCO which as you know is a global producer and distributor of high quality steel. So as its parent company, POSCO-IPPC is also known for its high quality in the Indian Steel market. Automobile Company requires high quality steel for the chassis parts of the automobile, usually such parts are imported or substitute quality steel is bought so due to the lack of high quality steel producers in India, there is a lot of demand for the emerging POSCO-IPPCââ¬â¢s Steel. Though POSCO-IPPC has so many opportunities to set itself firmly in the market, it has many hindrances preventing it from doing so. 2) Can you pleases talk about the hindrances in little more detail? * There are many factors which sum up to conclude as a hindrance for POSCO-IPPC. The major ones are: * High cost of POSCO-IPPCââ¬â¢s Steel leads to a discouragement to the Indian customers. * POSCO-IPPC is looking for big customers so they are able to establish themselves by directly targeting at the higher end. * POSCO-IPPC is strict in its payment dates which are not favoured by all its customers for they need a margin to settle their accounts. * Although the main problem is the lack of raw material from POSCO. Due to the Special price-low supply condition between POSCO and POSCO-IPPC, there is low supply of raw materials. The demand is high for POSCO-IPPCââ¬â¢s steel but due to low output, it cannot adhere to every customerââ¬â¢s needs. POSCO-IPPC is capable to produce more output than its current production but due to the lack of raw material, it has to restrain itself and do job production. * POSCO-IPPCââ¬â¢s customers expect a same price and supply surety for three months which is not possible for POSCO-IPPC as it imports its raw material and it is subject to foreign exchange policies and other government policies which affects its price. The supply surety cannot be given due to lack of supply of raw material. * Also the defaulting of POSCO-IPPCââ¬â¢s price and bargaining to pay less price by the customers is discouraging POSCO-IPPC to expand itself so quickly as they are losing on their profits. * But overall, the lack of raw material is a big issue and solving that issue can solve many other problems related and in the course of time, brisk movements of trade will solve other problems too. 3) What can you tell about the special price-low supply condition? POSCO is a global player and it distributes its steel at a common international price (Rs 59000) to the world but as that rate is very high in terms of Indian currency, it would not settle down in the Indian market so in order to satisfy its Indian customers, it reduced the price and this is known as special price (Rs 45000). But as POSCO reduced the rate for POSCO-IPPC, it only did this for a condition and this condition was that POSCO-IPPC will receive only a limited supply from POSCO, Korea. ) Since TATA is one of your major customers in the automobile segment, can you please put light on the companyââ¬â¢s relationship with TATA? * Sure, TATA Motors is a major customer of ours and there is a considerable amount of dealings with TATA. Tata itself produces steel but is partly dependent on POSCO-IPPC for high quality steel for the chassis of their automobiles. They need good quality for the outer body of the car for it to be firm and more attractive for which they take the support of POSCO-IPPC. Tata requires 30,000 metric tons/month and the demand is going up by 7-10% / year. Tata demands 5000-7000 metric tons/month from POSCO-IPPC but it can only supply 2000-2500 metric tons/month to TATA for out of its total output, it also needs to supply to other customers in order to remain in the market and also to stabilize it. The customers in the market are also asking for POSCO-IPPCââ¬â¢s steel like General Motors, Volkswagen and Fiat. For which TATA has supported POSCO-IPPC in sending a petition to POSCO to supply more steel. POSCO-IPPC distributes cold rolled steel in the open market at Rs 53-55000; the price keeps on fluctuating, whereas TATA gets it at Rs 48,000 (maximum. ) Thus, such factors are creating hindrances in transaction between TATA and POSCO-IPPC. 5) What is your PEST? * PEST POLITICAL & LEGAL * Central Government encourages the foreign investment- Change in the central Government may result in change in different trade policies ââ¬â Indian Economy has shown relatively high levels of development, stability and potential growth. -Korea having a high level of percentage of investment in the Indian market Economical * Indian Economy is booming-Growth in its GDP and economic growth-Fluctuations in the exchange rates -Social ties and contacts between India and China is increasing-Expansion of a basic industry is always favoured- Company also gives importance to maximum exploitation of resources. Social * Opened a school for the children of its workers- Helped to develop the village Talegaon -Increase in the capacity of the unit, there will be more employment in the area-Adapt the Indian Culture-It believes in job satisfaction and motivation of its staff Technical * POSCO-IPPC uses advance technology to process its raw material-High dependency on technology-India is a developing country where there is a great problem with electricity so load shedding takes place-Alternative method to use generators during the time of load shedding proves expensive-Supply of diesel in such large quality proves to be a negative factor. Appendix 3: POSCO-IPPC SWOT Analysis Appendix 5 ââ¬â Graphs Figure 1: Figure 2: Appendix 6: Mail from Joseph Joe This was a mail from Mr. Joseph Joe giving out some information. Investment: 500 mn INR | | | | | | | | | | | | | Probability | | Difference| | Source Company | | Cost Price/ metric ton | | Selling Price/ metric ton| | Quantity Purchased and sold| | Total Revenue| | | | | | | | | | | | | | 0. 6| | Special Price| POSCO, Korea| | Rs 45000| | Rs 55000| | 11111| | 611. 105 mn INR| 0. 4| | No Special Price| POSCO, Korea| | Rs 59000| | Rs 55000| | 8474| | 466. 07 mn INR| 0. 3| | Wihtout O. H. E| POSCO, Orissa| | Rs 48,000| | Rs 55000| | 10416| | 572. 88 mn INR| 0. | | With O. H. E| | POSCO, Orissa| | Rs 56000| | Rs 55000| | 8928| | 491. 04 mn INR| ââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬â [ 2 ]. Refer to Appendix 1 ââ¬â Interview with Mr. Bhattacharya [ 3 ]. Refer to Appendix 1 ââ¬â Interview with Mr. Bhattacharya [ 4 ]. Refer to Appendix 1 ââ¬â Interview with Mr. Bhattacharya [ 5 ]. POSCO-INDIA, ââ¬Å"corporate overviewâ⠬ , http://posco-india. com/website/company/corporate-overview. htm. (20th September, 2008. ) [ 6 ]. Refer to Appendix 5- Graphs [ 7 ]. Economy Watch, ââ¬Å"India Steel Industry,â⬠http://www. conomywatch. com/india-steel-industry/, (20th September, 2008. ) [ 8 ]. Economy Watch, ââ¬Å"India Automobile Industry,â⬠http://www. economywatch. com/business-and-economy/automobile-industry. html, (23rd September, 2008. ) [ 9 ]. Refer to Appendix 5- Graphs [ 10 ]. Refer to Appendix 2 ââ¬â Interview with Mr. Joseph Joe [ 11 ]. Refer to Appendix 1 ââ¬â Interview with Mr. Bharat Indu Bhattacharya [ 12 ]. Refer to Appendix 2 ââ¬â Interview with Mr. Joseph Joe [ 13 ]. Refer to Appendix 1 ââ¬â Interview with Mr. Bharat Indu Bhattacharya [ 14 ]. Refer to Appendix 6 ââ¬â Mail received from Mr. Joseph Joe [ 15 ]. India Brand Equity Fund, ââ¬Å"Steel,â⬠http://www. ibef. org/industry/steel. aspx (3rd August, 2008. ) [ 16 ]. SWOT Analysis [ 17 ]. PEST Analysis [ 18 ]. http://www. stratfor. com/analysis/india_poscos_steel_investment_challenge [ 19 ]. PEST Analysis [ 20 ]. SWOT Analysis [ 21 ]. PEST Analysis [ 22 ]. SWOT Analysis [ 23 ]. PEST Analysis [ 24 ]. http://www. economywatch. com/business-and-economy/steel-industry. html [ 25 ]. http://www. economywatch. com/business-and-economy/automobile-industry. html
The Invisible Spotlight Essay Example | Topics and Well Written Essays - 1500 words
The Invisible Spotlight - Essay Example Remarkably, managers would yet barely notice the influence of their actions about the relationship with the employees in pursuit of competitive advantage. Managers need to pay attention and facilitate the creation of the pivotal moments rather than depending on the reflexes or instincts in the course of addressing the demands and expectations of the consumers. From the book, I have been able to learn the need for employees to control the influence they have, as well as encouraging acting with intention or purpose. That is an illustration of the self-control, which plays a critical role in making it possible for the managers to turn the glancing moments in lasting outcomes. Categorically, it is valuable to that these moments enable the organizations in the contemporary society to promote management relationships. The core of the work of the managers is to understand and utilize their management relationships with the objective of inspiring the workforce to deliver in accordance with t he organizational policies and expectations. There is there is the necessity to facilitate innovation of the role of employees to encourage the achievement of diverse goals and targets. Managers should understand that an employee does not focus on creating the tone, standards, and direction for the relationship between the workforce and the management. Furthermore, it is ideal to note that the manager is the architect with the obligation and responsibility of creating the conditions that promote the best work among the employees.
Wednesday, August 28, 2019
Public Evaluation Essay Example | Topics and Well Written Essays - 6500 words
Public Evaluation - Essay Example The evaluation process offers an overview of the possibilities through which policy makers are able to make precise and clear judgments on a particular policy implemented. Varied models attempts to explain the way evaluation process in policy can lead to successful policy making. This essay explains the significant methodologies employed in the evaluation process. It also focuses on varied approaches that were put a cross in an attempt of revealing the implication of evaluation and the way it can help policy makers to address policy issues. Evaluators employ collaborative relationships in order to collect adequate data that actors will analyze in order to determine in case a certain policy is effective or ineffective. Therefore, they employ varied methodologies in order to deal with contingencies that might modify the formal way of policy evaluation (Alkin 2010, p. 58). For the policy makers to understand a policy problem, they have to evaluate it through collecting data or informati on and analyze the collected data in a manner that enables them to find the desired solution to the problem. For instance, the stakeholders involved in the evaluation process let say an environmental policy, may gather adequate information through use of quantitative method in order to arrive at the desired goals. The policy analysts can chose the quantitative design model for analyzing the policy such as non-parametric or parametric experimental methods. The quantitative methodologies can include observations, interviews, questionnaires and surveys. Alternatively, the can chose qualitative design as a model for policy analysis such as observation, focused groups, interviews, surveys and case study analysis. These methodologies are significant because they can enable stakeholders to gather unbiased and precise information of a certain policy; thus making modifications or changes where necessary (Vedung, 1997, p.229). Radin (2006, p. 547) argues that performance measures as indicator s for public policy complexity. Therefore, he employs some approaches especially classical approach to reveal the measures of policy performance. Although, the author narrows this approach without the organization context in which the policy operates; thus reliability and neutrality of data requires evaluation. However, Radin does not defend classical approach because it logic, insensitive to the proper role of professional knowledge. The outcomes are also an enormous amount of misplace tasks, which can actually paralyze government rather than improving it (Radin (2006, p. 549). Performance measurement has become one of the significant indicators and a mechanism for data management. Radin uses numerous case studies especially that of government performance and results act and program assessment rating tool as effective approach toward policy performance measurement ((Radin (2006, p. 548). The case studies are appealing and it mostly tackles on the way performance measurement is empl oyed as an indicator for policy performance determination. However, the performance measure approach has some drawbacks, thus other models such as goal-attainment model attempts to reveal the way a policy can become successful. Vedung (1997, p.555) reveals the way stakeholder involved in
Tuesday, August 27, 2019
REFER TO OTHER INSTRUCTIONS FOR PROBLEM QUESTION WHICH NEEDS TO BE Essay
REFER TO OTHER INSTRUCTIONS FOR PROBLEM QUESTION WHICH NEEDS TO BE ANSWERED CONCERNING EU LAW-Principles of Direct Effect, Indirect Effect, State Liability and - Essay Example Van Gend, European Community regulations can and must be tried before national courts and therefore Eastern Interiors can bring action on refusal of license in UK courts. However since the UK Government in Tachographics has left the matter of implementation of EU regulations to individuals without any State intervention, it is not likely to interfere unless Eastern Interiors can demonstrate a discriminatory bias in the decision of the European Commission to refuse its license. The other Company does not have any grounds for appeal, since it does not even have a reply from the Commission. Action can be bought against EU regulations by a Member State by going in appeal to the ECJ, which is the only authority that can possibly over rule the decisions of the Commission. However in this instance, since only two companies are affected by the refusal/denial of license, it is unlikely that any appeal will be entertained by UK Courts. Through the concept of direct effect, member states are bo und to apply EU regulations in their entirety, and they cannot be implemented piece meal (See case 128/78 Commission v UK (1979) ECR 419). In the event of non compliance with the EU regulation, the UK may have to change its laws to accommodate EU Law (See the case of C-246/89R Commission v UK (1989). However this case concerns the refusal of licenses, for which restrictions on availability have already been specified, and since the regulation will be implemented in its entirety, the restriction on licenses and the right to refuse or deny a license as laid out in the Regulation, will have primary and predominant effect in the UK and individuals such as Eastern Interiors will have to accept and adhere to the terms of the Regulation. EU regulations are in general very detailed and unless any specific remedies are available to individuals under the terms of the regulation, it is unlikely that eastern Interiors or the other company can successfully seek remedy under EU law. In the case
Monday, August 26, 2019
Sahel Nutrition Development Assignment Example | Topics and Well Written Essays - 500 words
Sahel Nutrition Development - Assignment Example used in assessing the nutritional situation of children in the region, Countries most affected by this crisis include Niger, Burkina Faso, Mauritania, Chad, Mali, Senegal, northern Cameroon, and Gambia. This situation has deteriorated rapidly throughout this year. Research has clearly outlined that most of the areas stand to experience acute food insecurity (IPC Phase 3) from April to September this year. The nutrition status is quite catastrophic in areas worst affected with severe malnutrition with rates ranging between 10-16%. The drivers of this crisis are eroded resilience, compounded by the sporadic rains, prices increases and insufficient harvests. The agro-pastoral returns of production is reported to have decreased by 50% in the areas that are affected by poverty, and agricultural products market prices, as well increased up from sixty percent to eighty percent for maize and 100 percent for dry cereals. Increased levels of drought in Sahel have caused a reduction in cereal production on average 26% relative to the previous year. Most notable is the fact that Gambia, as well as Chad realized a 50 percent decrease with other countries still experiencing serious localized deficits. The 2012 Sahelââ¬â¢s strategic plan was aligned as a serving response plan to addressing the Food and Nutrition Crisis in the region. This has been developed by the Working Regional Group on Food Security and Nutrition mainly composed of among other organizations, the Red Cross, Crescent Movement, United Nations agency, Non Governmental Organizations and donors. In 2011, IASC (Inter-Agency Standing Committee) launched a strategy that effectively responds to food shortage and nutritional crises in Sahel. The document was done in consideration of joint efforts of the organization of Food and Agriculture of United Nations (FAO), Action against Hunger, the United Nations Child Fund (UNICEF), the United Nation Humanitarian Affairs Coordination Office (OCHA), and the WWP (Word Food
Sunday, August 25, 2019
Is There Such a Thing as International Law in the World Today Term Paper
Is There Such a Thing as International Law in the World Today - Term Paper Example Additionally, treaties like the Geneva Conventions may at times require the conformity of national law (De Boer 2001). The implication of this is that there is a world order that all countries abide to but with no clearly drafted international laws that ought to be followed by all nation states. Additionally, certain issues like homosexuality, differences in political ideologies and gender discrimination prevent international laws from achieving legitimacy. International law therefore is a set of laws formed by international treaties, customs, and other organizations that govern the relations between or among different sovereign nations. Here, the international customs refer to the customs that have evolved over centuries. Treaties and international agreements on the other hand are agreements among different nation states. The international organizations and conferences are mainly composed of different sovereign nation states and are normally bound by a treaty, for instance the 1980 Convention on Contracts for the International Sales of Goods (CISG). The Nature of International Law International law is very different from the other areas of law because it does not have a defined governing body or area but instead refers to different set of rules, laws and customs that impact, govern and deal with the legal interactions between different nation states, governments, organizations and businesses. It comprehensively deals with the rights and responsibilities of the involved parties clearly defining and elucidating the procedures to be followed in case of any misunderstandings. International law cuts across many countries and regions which makes it agreeable to all the member states. For this to be possible, it borrows charters (i.e. the United Nations Charter), agreements, accords, and treaties, legal precedents of the International Court of Justice (The World Court), memorandums and tribunals. What makes international law a voluntary endeavor is that it does not h ave a unique enforcing entity and governing body. This means that for any enforcement to exist, all the signatory parties have to consent and adhere to that specific decision and assist the court in the implementation process. A good example of this is the East African Community where the member states have laws that govern them as a unit. The laws that address matters of international concern include both the statutes created by governing bodies (civil law) and the common law (case law) because of the diverse nature of the different legal systems and historical backgrounds of the different countries involved. Under the international law, all the facets of national law are covered and go on to include aspects like substantive law, remedies and procedure. In order to make the laws operable in the signatory countries, there are certain principles or guidelines that are normally followed when it comes to their formulation and implementation (Alam 399). However it should be noted that t hey only work on the basis that there is courtesy and respect between the member states. The principles of International Law The Principle of Comity The principle of comity provides a code of decorum that governs court interactions among the different localities, foreign countries and member states. Under this
Saturday, August 24, 2019
Paper Essay Example | Topics and Well Written Essays - 250 words - 23
Paper - Essay Example He embodies the transformational democratic leadership style that allows people within the company to exercise better control of their visions as a whole. Ideally, his transformation comes with selling out his vision and inspiring workers to participate in the building of the company. He is empathetic and knows that people only grow if they have the right training and vision to achieve their goals. His communication strategy is from top-to-bottom and bottom-to-top (Hackman, & Johnson 256). He knows that the only way of achieving success is by allowing people to be involved in the process of running the company. He offers the guidance and allows everyone to make contributions. He also values quality and does not seem perturbed by allowing others to chip in. This kind of emotional stability has made it easier to push the company to higher heights and attaining the intended growth with the company for the longest time possible (Hackman, & Johnson
Friday, August 23, 2019
Routledge v McKay Case Essay Example | Topics and Well Written Essays - 750 words
Routledge v McKay Case - Essay Example This case Routledge v McKay relates to the exchange of a motorbike and sidecar with another motorbike along with the payment of thirty pounds. The Douglas BSA motorbike and sidecar in question were actually manufactured in 1931 but had been reconditioned by a previous owner to indicate that they were a 1941 model. The documents of the motorbike showed that it had been registered on 9th September 1941. The motorbike and the sidecar had been sold on a number of occasions before but the issue of manufacturing date had not been looked into detail. The seller had told the buyer of the motorbike and sidecar on October 23rd that the year of manufacturing was 1941. The buyer went away for considering his options and returned on October 30th to finalise the purchase. The contract for the sale was drawn up in writing on October the 30th but it did not mention anything about the year of manufacturing. Moreover, the written agreement ended with the contractual term that paying thirty pounds mean t the end of the transaction. The buyer later found out that the motorbike had actually been manufactured in 1931 and not in 1941 as the documents expounded. The claimant (being the buyer) later went to court to appeal against possible fraud and warranty issues. The claimantââ¬â¢s stance was that the seller had defrauded him by telling him that the year of manufacturing was 1931. In addition, the claimant suggested that he had been told of the year of manufacturing although it was never mentioned on the written agreement and that this amounted to a contractual term. ... Reasoning of the Judges Denning L. J. If a vehicle is sold from one person to another, the date of manufacturing is typically based on the date listed in the documents of the vehicle. It is common for this date to be used for reference when transacting the vehicle again. If the first seller of the vehicle delivers a statement regarding the date of manufacturing, he can be held responsible since the vehicle originates from him. However, in later transactions the sellers of the vehicle have no option but to reference the vehicleââ¬â¢s documents. In such cases, the sellers of the vehicle may pass on the date of manufacturing listed on the documents to the buyer. In case that a dispute arises, the sellers and buyer in between the first seller and the last buyer will be considered to be affected by innocent misrepresentation. For the current case, claims of fraud against the original vendor were barred due to statute so no such claims were filed by any party. Evershed M. R. The written memorandum (or the contract) between the last seller and buyer was admitted to the court as evidence although it lacked the required stamp under Section 14 of the Stamp Act of 1891. The other judges agreed to this stance. The honourable judge cited the Heilbut, Symons & Co. v Buckleton3 case and referred to the speech made by Lord Moulton. It was contended that a written statement could for part of a collateral contract but each such contract would have to have its own character for legal recognition. With reference to the Heilbut, Symons & Co. v Buckleton case, it was held that innocent misrepresentation could only be tried under warranty if the evidence presented held any such contractual term. Mere representation alone could not be taken as cause enough to
Thursday, August 22, 2019
Untouchability Practice Essay Example for Free
Untouchability Practice Essay Untouchability is a form of discrimination, the social-religious practice of ostracizing a minority group by segregating them from the mainstream by social custom or legal mandate. It is a menace and social evil associated with traditional Hindu society. The term is used in India to talk about the public treatment of especially the Dalit communities, who face work and descent-based discrimination at the hands of the dominant Hindu castes. . It is being practiced since times immemorial and despite various efforts made by social reformers such as Dr. B. R. Ambedkar; and despite there being provision on abolition of untouchability in our Constitution under Article 17, the evil is still in practice in our country. Although untouchability has been made illegal in post-independence India, prejudice against them are seen in the society, especially in rural areas. Definition of Untouchability Untouchablity in simple terms can be understood as a practice whereby a particular class or caste of persons are discriminated with on the ground of their being born in that particular caste or on the ground of their being members of those social groups involved in menial jobs. The discrimination can be in the form of physical or social boycott from the society. For instance: the members of so-called higher castes such as Brahmin, Kshatriyas etc would not dine or sit with a person of Bhangi class. It was believed that people of higher castes could become impure even if a shadow of an untouchable person touches him and to re-gain his purity he had to take a dip into holy waters of the Ganga. Who Are Untouchables? According to traditional Hindu ââ¬ËVarna Systemââ¬â¢, a person is born into one of the four castes based on karma and ââ¬Ëpurityââ¬â¢. Those born as Brahmans are priests and teachers; Kshatriyas are rulers and soldiers; Vaisyas are merchants and traders; and Sudras are laborers. Untouchables are literally outcastes. They do not directly figure into any of the traditional ââ¬ËVarna Systemââ¬â¢ of Hindus. According to Dr. B. R. Ambedkar, untouchables form an entirely new class i.e. the fifth varna apart from the existing four varnas. Thus, untouchables are not even recognized under the caste system of Hindus. However, historically persons born in lowest castes and classes of personsà doing menial jobs, criminals, persons suffering from contagious diseases and tribals living outside the so-called civilized world were considered as unto uchables. Their exclusion from the mainstream society was based on the belief that they are impure and harmful and it was necessary to ostracized them for the overall benefit of the society. Untouchability was also practiced as a form of punishment to the law-breakers and criminals; they were socially boycotted for their misdeeds. Who Are Dalits? Untouchables are also known as depressed classes, harijans etc; but today they are more frequently referred to as ââ¬ËDalitsââ¬â¢. In modern times, ââ¬ËDalitââ¬â¢ refers to oneââ¬â¢s caste rather than class; it applies to members of those so-called menial castes which are born with the stigma of ââ¬Å"untouchabilityâ⬠because of the extreme impurity and pollution connected with their traditional occupations. They are considered impure and polluting and are therefore physically and socially excluded and isolated from the rest of society. Today members of Schedule Castes and Schedule Tribes (SC/ST) are considered as ââ¬ËDalitsââ¬â¢ and they are subjected to various forms of discrimination in the society. Especially, Schedule Castes such as Chamars, Passi, Bhangis and Doms etc are known as ââ¬ËDalitsââ¬â¢; these people are generally associated with menial jobs such as tanning, skinning of hides, works on leather goods, sweeping, scavenging etc. Forms of Discrimination against Untochables or Dalits According to National Campaign on Dalit Human Rights (NCDHR), there are various forms of discriminations being practiced against Dalits in India, these are: Prohibited from eating with other caste members, Prohibited from marrying with other caste members, Separate glasses for Dalits in village tea stalls, Discriminatory seating arrangements and separate utensils in restaurants, Segregation in seating and food arrangements in village functions and festivals, Prohibited from entering into village temples, Prohibited from wearing sandals or holding umbrellas in front of dominant caste members, Prohibited from using common village pat, Separate burial grounds, No access to villageââ¬â¢s common/public properties and resources (wells, ponds, temples, etc.), Segregation (separate seating area) of Dalit children in schools, Bonded Labor, Face social boycotts by dominant castes for refusing to perform their ââ¬Å"dutiesâ⬠Abolition of Untochability under Indian Constitution India got Independence on 15th of August, 1947 after long and painful struggle of more than one hundred years. The struggle was not only against the foreign rule of British but it was also against the social evils such as untouchability prevailing from centuries. After Independence when great leaders of freedom struggle agreed to make our own Constitution, it was decided that there must be provisions under the Constitution regarding the abolition of social evils and upliftment of down-trodden castes and social groups etc. In view of this objective Article 17 was added to the Constitution; Article 17 reads as follows: ââ¬Å"Untouchability is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of ââ¬Å"Untouchabilityâ⬠shall be an offence punishable in accordance with law.â⬠Thus, Article 17 abolishes and forbids untouchability in any form. At the same time, it also makes it an offence punishable as per the law made by the Parliament. In order to fulfill the mandate of Article 17 of the Constitution, the Parliament enacted the Untouchability (Offences) Act, 1955. It made several discriminatioray practices punishable as offences, although the punishment provided were rather mild and in their actual application even milder. Several lacunae and loopholes were found in the working of the Untouchability (Offences) Act, 1955 which compelled the Government to bring about a drastic amendment in the Act in 1976. The Act was revamped as the Protection of Civil Rights Act. However, the menace of untouchability continued and ââ¬Ëdalitsââ¬â¢ were still being treated in a discriminatory way, their socio-economic conditions remained vulnerable, they are denied a number of civil rights and were subjected to various offences, indignities and humiliations. Therefore, to counter theses atrocities meted out to so-called ââ¬ËDalitsââ¬â¢ section of society, the Parliament passed ââ¬ËScheduled Caste and Scheduled Tribes (Prevention of Attrocities) Act, 1989. The Act provided more comprehensive and punitive measures to deal with and to prevent discrimination and atrocities againstà ââ¬Ëdalitsââ¬â¢. The ultimate objective of the Act was to help the social inclusion of Untouchables/Dalits into the mainstream Indian society. These above mentioned Acts were made with good intention and with positive objective of removing discriminatory practices against untouchables/dalits but in actual practice, these Acts have failed to live upto their expectations. Untouchability: Present Scenario In our society there still exist feeling of superiority of caste and birth. We can experience the practice of untouchability in everyday life around us, especially in rural and semi-urban areas of the country. Also, in big metro cities, the inhuman practice of manual scavenging is still there. According to a news report of Press Trust of India (PTI), on January 3, 2014, four tea shop vendors were arrested by the Police in Karnataka for practicing untouchability while selling tea- they were serving tea in different types of cups to caste Hindus and SC/STs. The incidence shows that the evil practice is so deep rooted in Hindu society that even after 67 years of Independence is continuing in one form or other. However, it can be said that things are slowly changing; the mind set of modern generation is also changing. Todayââ¬â¢s youth with modern education and globalized outlook are viewing the social order from different perspective of equality and impartiality and not from the religious or traditional point of view. Hopefully, the wicked practice of untouchability would be removed from the society sooner rather than later and our country would usher into a new era of social equality and brotherhood which will be the true India of Gandhi and Ambedkar. What is ââ¬Å"Untouchabilityâ⬠? Indiaââ¬â¢s Constitution abolished ââ¬Å"untouchability,â⬠meaning that the dominant castes could no longer legally force Dalits to perform any ââ¬Å"pollutingâ⬠occupation. Yet sweeping, scavenging, and leatherwork are still the monopoly of the scheduled castes, whose members are threatened with physical abuse and social boycotts for refusing to perform demeaning tasks. Migration and the anonymity of the urban environment have in some cases resulted in upward occupational mobility among Dalits, but the majority continue to perform their traditional functions. A lack of training and education, as well asà discrimination in seeking other forms of employment, has kept these traditions and their hereditary nature alive. Prevalence of Untouchability Practices Discrimination These statistics are taken from a survey of practices of untouchability undertaken in 565 villages in 11 major states of India. They clearly demonstrate that the inhumane and illegal practice of untouchability is still commonplace in contemporary India: In as many as 38% of government schools, Dalit children are made to sit separately while eating. In 20 percent schools, Dalits children are not even permitted to drink water from the same source. A shocking 27.6% of Dalits were prevented from entering police stations and 25.7% from entering ration shops. 33% of public health workers refused to visit Dalit homes, and 23.5% of Dalits still do not get letters delivered in their homes. Segregated seating for Dalits was found in 30.8% of self-help groups and cooperatives, and 29.6% of panchayat offices. In 14.4% of villages, Dalits were not permitted even to enter the panchayat building. In 12% of villages surveyed, Dalits were denied access to polling booths, or forced to form a separate line. In 48.4% of surveyed villages, Dalits were denied access to common water sources. In 35.8%, Dalits were denied entry into village shops. They had to wait at some distance from the shop, the shopkeepers kept the goods they bought on the ground, and accepted their money similarly without direct contact. In teashops, again in about one-third of the villages, Dalits were denied seating and had to use separate cups. In as many as 73% of the villages, Dalits were not permitted to enter non-Dalit homes, and in 70% of villages non-Dalits would not eat together with Dalits. In more than 47% villages, bans operated on wedding processions on public (arrogated as upper-caste) roads. In 10 to 20% of villages, Dalits were not allowed even to wear clean, bright or fashionable clothes or sunglasses. They could not ride their bicycles, unfurl their umbrellas, wear sandals on public roads, smoke or even stand without head bowed. Restrictions on temple entry by Dalits average as high as 64%, ranging from 47 % in UP to 94% in Karnataka. In 48.9% of the surveyed villages, Dalits were barred from access to cremation grounds. In 25% of the villages, Dalits were paid lower wages than other workers. They were also subjected to much longer working hours,à delayed wages, verbal and even physical abuse, not just in ââ¬Ëfeudalââ¬â¢ states like Bihar but also notably in Punjab. In 37% of the villages, Dalit workers were paid wages from a distance, to avoid physical contact. In 35% of villages, Dalit producers were barred from selling their produce in local markets. Instead they were forced to sell in the anonymity of distant urban markets where caste identities blur, imposing additional burdens of costs and time, and reducing their profit margin and competitiveness.
Wednesday, August 21, 2019
Crossing Ethical Boundaries Between Counselor and Client Essay Example for Free
Crossing Ethical Boundaries Between Counselor and Client Essay Eli Coleman and Susan Schaeffer, authors of the article _Boundaries of Sex and Intimacy Between Client and Counselor_, write, _Dilemma_. A woman comes to see a male counselor and complains of anxiety and depression associated with her recent divorce. She is also deeply concerned about her attractiveness and ability to attract another partner. The thought of single life frightens her. After five sessions, she confesses to the counselor that she is deeply attracted to him. Although she finds him sexually attractive, she is equally or more attracted to his sensitivity, care, and support of her. Emotional intimacy is something her previous relationships have lacked. And, at times, those relationships have been abusive. The Counselor does not know how to respond. He too is attracted and has already fantasized about a relationship with her. But because she is a client, he does not dare reveal his feelings. He knows that allowing a relationship to develop would be wrong. That, however, does not solve the problem. (Coleman Schaeffer 341). For almost every individual, having to go to counseling can be one of the most nerve wracking things a they may have to go through during his or her life for whatever reason. Becoming attracted to your counselor, or learning they are attracted to you, may just as equally give the same nerve wracking feeling. How can things like this be prevented from happening right from the beginning? Is there not a code of ethics a counselor must follow to ensure that there is only ever professionalism during all sessions, and that clients are only seen during counseling sessions and not pursued at any time outside of sessions? Believe it or not, when it comes to the code of ethics that a counselor must follow with his or her patients during sessions, it is very vague and easy to see where violations can be made,à often times without even being fully aware of the violation. Samuel T. Gladding, author of _Counseling A Comprehensive Profession_, states, Some forms of unethical behavior are obvious and willful, whereas other are more subtle and unintentional. Regardless, the harmful outcome is the same. (Gladding 59), in addition to that, What types of intimacy are appropriate? What types are not? These dilemmas are faced by counselors at one time or another. (Coleman and Schaeffer 341). Most programs spend little to no time addressing the prohibition against sexual contact with clients, yet it is the most commonly violated of the ethical principles. Melba J.T. Vasquez writes in her article, _Counselor-Client Sexual Contact: Implications for Ethics Training_. Kathy Hotelling, author of _Ethical, Legal, and Administrative Options to Address Sexual Relationships Between Counselor and Client_, sheds light on the fact that, Many clients do not know that sexual relationships between counselor and client are unethical and, in some states, illegal. They also do not know that they can file a complaint nor do they know the avenues available for doing so. Unfortunately, many counselors also may not be aware of these facts. (Hotelling 233). The article Hotelling writes is all about educating victims of ethical abuse during counseling, because counselors can not only be an abuser, but a victim as well. After a few counseling sessions, Dave asked his counselor to go have a cup of coffee, and he agreed. Initially, Dave was flattered that his counselor liked him enough to spend time withà him outside of counseling. He enjoyed the counselors company and thought it would be nice to have him as a friend. Meeting in this setting, Daves counselor told him much more about himself and that he was having marital problems. Again, Dave was flattered by this display of trust. It made him feelà important. As time went on, Dave and his counselor began to see more of each other socially (e.g., having dinner together, playing racquetball, inviting each other to parties). At one point Daves counselor call him, looking for support. The counselor had just learned that his wife had asked him for a divorce. At this point, Dave began to question the value of his counseling sessions. (Coleman Schaeffer 343). This is a perfect example of roles being reversed, and the counselor becomes the victim in this situation. Counselors, like many of all of their clients, can have their own problems going on outside of the office. However, even if the counselor sees one of their clients in an outside setting, the roles should never become reversed. This becomes an ethical breach in the sense that vulnerability, and weakness come into play for the counselor and the client can take advantage of this, and begin their own form of manipulation on how the sessions may play out. According to Theodoros Giovazolias Paul Davis, authors of the article _How common is sexual attraction towards clients? The experiences of sexual attraction of counselling psychologists toward their clients and its impact on the therapeutic process_, state in the introduction of their article that, Although there is considerable information about the incidence and consequences of sexually intimate relationships between therapists and clients, there is very little documentation of the extent to which sexual attraction occurs in therapy, especially from the part of the therapist, how such feelings are handled, and what the effects on the therapeutic relationship are. (Giovazolias Davis 281-282). Giovazolias and Davis also uncover that, In a survey by Pope _et al._ (1986), it was found that 87% of 575 psychotherapists revealed that they had been attracted to their clients,à at least on occasion. In a more recent study, Rodolfa _et al._ (1994) found similarly that 88% of psychologists had been sexually attracted to at least oneà client. (Giovazolias Davis 282). If this is the case, there is clearly a need for a much stronger ethical training program for up and coming counselors who wish to make a profession out of this career. However, this should not just be limited to new counselors, there should also be a retraining program in place for current counselors so that all ethical boundaries can be refreshed in their mind, and violations can be cut down. The training will not only help cut down the violations, but if made mandatory for a pre-determined number of times per year, this issue could be eliminated altogether. Wood, Klein, Cross, Lammers, and Elliot (1985) found that those psychologists who had had an ethics course were more aware of impaired or burned-out colleagues, more likely to seek help themselves, to help and impaired colleague, and to report an impaired colleague to a regulatory agency. (Vasquez 238), This article proposes that not only should ethical training be a required component of every program in the mental health profession but also that emphasis should be given to the problem of therapists sexual contact with clients. (Vasquez 238). So what would be some of the items stressed to future counselors? 1. dressing in a professional manner, 2. conducting counseling sessions only in the traditional professional setting where others are present, 3. furnishing the office in a businesslike manner, avoiding the too crazy ambience. (Vasquez 240). All of these qualities listed are to help not only the counselor keep a sense of their control and integrity, but also the integrity of the clients they service within the counseling sessions. These professional qualities are provided in order to make a safe and comfortable environment for all parties, and to make sure the sessions stay on track. In the article, _Ethics and the Sexual Countertransference,_ Hugh Gee states, Confidentiality is not there to protect the unethical acting out of the patient as in the case where the patient is a danger to themselves orà others. (Gee 74). Many clients who first start out seeingà a counselor will at one time or another think that the counselor is going to tell everyone about their session once it is over. The client, however, does not have to worry about fears such as these. The ethical code that is in place only allows the counselor to disclose information if it is under court order, or the client has threatened to put someones life is at risk. However, what is the policy for a minor? According to authors Madelyn Isaacs and Carolyn Stone, who wrote _Confidentiality with Minor: metal health counselors attitudes towards breaching or preserving confidentiality,_ say, Confidentiality is further complicated when the client is a minor. Societal stressors such as juvenile crime and subs tance abuse, which threaten the well being of children, have created the need for information sharing among agencies, families, and law enforcement units when the information is necessary to protect children (Taylor Adelman, 1998). Prom, DeMartino, and Prout (1999) explained that professionals working with the same child routinely share information with each other, which is quite different from the way adult confidentiality rights are handled. (Isaacs Stone, 2001). This, however, can feel like an ethical boundary breach to the client in question that the counselor would have to report on. The only thing a counselor can do in this position is speak to the client, and let them know that due to their age, they will not have the same confidentiality as an adult would, however, they should still have complete trust in you as a counselor so that you can find some way to help them. Also let them know that it is not just your policy, but the overall code of ethics that every counselor adheres to, so they will receive the same treatment at any other practice they choose to move to. There are many different ways that a counselor can cross ethical lines, either by a complete accident, or in some cases, intentionally. However, what do you do as a counselor when you see one of your colleagues first pushing, and then completely crossing saidà boundaries? The ethical principles that guide professionals and the ethical dilemmas that they face have received much attention in recent years. When a professional becomes aware of unethical conduct practiced by a colleague, however, there is little literature to consult on how to respond and intervene. (Levenson, 1986). This article goes on to list the various ways of bringing to your colleagues attention without it escalading to a hostile altercation, and how you can help them deal with it. The steps are as follows: Learning of Misconduct, this involves gathering solid evidence in order to substantiate your claims. If it is just hearsay, it is likely that it will just be overlooked and no investigation will go into it. You can gather evidence from fellow colleagues to see how they see the counselor you are looking into. Evidence can also be gathered straight from the source. You can talk to them, and see how they respond, and in some rare cases they might confess right away. Next comes the intervention for your colleague. Let them know what is happening, if they have not already confessed to it, and how things will be handled in a professional manner from that moment forward. The intervention process can vary from professional to professional. In some cases, they may just be terminated without question, or they can be treated, and they can go from there. In any case, it is a long process, but one that should be started as quickly as possible while all of the evidence is still fresh, and can be presented right away. The longer you try to compile evidence, the more people will want to know why you let the unethical behavior continue for as long as you did before speaking up. The best policy is to just ask as many people as you know about your colleague before you bring light to their behavior. A series of legal cases have sparked considerable discussion around the question of whether counselors can use their religious beliefs as the basis for refusing to counsel lesbian,à gay, bisexual, and transsexual (LGBT) clients. This discussion hasà illuminated tension between counseling professionals and counselor educators who view LGBT relationships as normal and healthy expressions of love and intimacy (see Whitman Bidell, this issue) and some religiously conservative counselors and counselors-in-training who consider same-sex relationships to be immoral. (Herlihy, Hermann Greden, 2014). The act of a counselor using his or her own religious belief so they do not have to work with certain ethnicities, genders, or people who choose a certain sexual orientation that is different from what they consider normal should be basis enough for an ethical violation. Counselors are people who go into this profession with the intention to try and help people make sense of their lives. By denying them this goes against why they chose to be a counselor in the first place. Regardless of how different someone may be from you, by using your religious belief that you cannot counsel someone shows that you are not able to remain objective in the session. This would have many questioning what other issues you were not able to remain objective about, and it could lead to you being investigated as a counselor. A counselor is supposed to remain neutral in all sessions. They are not there to talk about them, but instead the client, whoever he or she may be, and whatever it is they may do. They decided to come to your place of business, and choose you as a counselor, you should be welcoming new clients, not turning them away due to their background. Men and women who choose to go into therapy are seeking answers and guidance, not judgment. The most important thing a counselor can do before he or she begins a session with a new client is to try and find out who they are. It is always best to know what kind of person you areà dealing with before hand, rather than find out half way down the road they have been manipulating you the whole time, because that is what they are there for. It is also best to know the code if ethics inside and out. Ethics and boundaries crossings can be hard to distinguish and often are understood through opinions. There is a difference between crossing the boundaries and violating the boundaries. Crossing a boundary is a gray area where are violating is black and white. Sometimes crossing boundaries can be defensible however; the counselor must take into consideration all possible outcomes. For example, a chemical dependency counselor may have helped a pregnant addict come clean and get her life back on track so that she was able to deliver and keep a healthy baby. Once the babys born the client may ask the counselor to come visit her at the hospital to meet the new bundle of joy. At this time it would up to the counselor to decide whether or not crossing this boundary is justified. The counselor must look at all angles including the legal ramifications that could possibly take place. Either way, deep thought and consideration from the counselors end is necessary. (Live Rehab). This website goes on to list several other examples of what a counselor should be careful of doing in their profession, such as bartering. Bartering is an exchange of goods or services in place of payment. Bartering is not prohibited or unethical in the counseling relationship however there could be situations when it may not run as smoothly as anticipated. If a counselor decides to barter for services oftentimes the proportion of services to counseling can be extremely off. For example, if a counselor is providing services to a mechanic and the mechanic is having troubles paying for services, he or she may offer to provide car maintenance to the counselor. At first this may seem like a decent deal, especially if the counselors car is due for more than the regular maintenance. Lets take for example, the car needs about $1500 worth of work and the counselor charges $250.00 perà session. If the mechanic is attending sessions once per week this would get him about 6 weeks worth of sessions. What about when the 6 weeks are up? An oil change is about $40.00 and thats only needed every few months. At that point the counselor and client could be progressing in their sessions and since their therapeutic relationship is established it would be a shame for the client to be forced to quit counseling for lack of payment. On the other hand however, since it does not go against the ethical standards of theà counseling profession, the counselor and client could look at the situation as a gained benefit and that is that the mechanic received 6 weeks of service that he may not ever had the chance to get. (Live Rehab). While bartering may not be covered as unethical, it still raises a lot of red flags as to why a counselor would be giving the sessions away for free. It is best to just stay ethical, and out of all trouble things like this may lead to. If you would like people to take you seriously, then you have to act like a professional who takes pride in their presence and shows nothing but integrity. RESOURCES Coleman, E., Schaefer, S. (1986). Boundaries of Sex Intimacy Between Client and Counselor. _Journal Of Counseling Development_, _64_(5), 341. Ethics and Boundaries Ethics and Boundaries What is at stake?. (n.d.). _Live Rehab_. Retrieved April 15, 2014, from http://www.liverehab.com/ethics-and-boundaries/ Gee, H. (2007). Ethics and the Sexual Countertransference. _Journal of Analytical Psychology, 52,71-88._ Giovazolias, T., Davis, P. (2001). How common is sexual attraction towards clients? The experiences of sexual attraction of counselling psychologists toward their clients and its impact on the therapeutic process. _Counselling Psychology Quarterly_, _14_(4), 281-286. Gladding, S. T. (2009). _Counseling, a comprehensive profession_. (Sixth ed., p. 59). Upper Saddle River, NJ: Pearson College Div. Herlihy, B. J., Hermann, M.A. Greden, L.R. (2014). Legal and Ethical Implications of Using Religious Beliefs as the Basis for Refusing to Counsel Certain Clients. _Journal of Counseling Development_. 92. 148-153. Hotelling, K. (1988). Ethical, Legal, and Administrative Options to Address Sexual Relationships Between Counselor and Client. _Journal Of Counseling Development_, _67_(4), 233. Isaacs, M.L. Stone, C. (2001). Confidentiality with minors: mental health counselors attitudes toward breaching or preserving confidentiality. _American Mental Health Counselors Association_. 23(4). Levenson, J.L. (1986). When a Colleague Practices Unethically: Guidelines for Intervention. _Journal of Counseling and Development._ 64. 316-317. Vasquez, M. T. (1988). Counselor-Client Sexual Contact: Implications for Ethics Training. _Journal Of Counseling Development_, _67_(4), 238.
Tsiolkas Loaded and Shakespeares Antony and Cleopatra
Tsiolkas Loaded and Shakespeares Antony and Cleopatra One of the key concerns at the heart of communities is the notion of inclusion and exclusion. Loaded and Antony and Cleopatra Tsiolkas Loaded, and Shakespeares Antony and Cleopatra present a primary protagonist, both conduct themselves outside of the social norms expected of them. Ari, the character in Loaded and Antony from Antony and Cleopatra will be compared. A review of their behaviour and response at times of inclusion and exclusion in society. Fukuyama suggests inclusion is, the expectation that arises within a community of regular, honest and cooperative behaviour, based on commonly shared norms (Fukuyama: 25). Ari and Antonys self-expectations differ from community shared norms, which exclude them; though in moments of compliance to the expected behaviours are included to which both authors represent the protagonist in a non-socially-destructive light, compared to following individualistic desire. TsiolkasAri connects his sense of community in the main narrative within the drug scene, clubs, secret homosexuality and music. Tsiolkas introduces a day and night with a 19-year-old Ari as the narrator, and the main protagonist as the reader follows to witness Aris dramaturgy, in his dialogue and behaviour depending on his social interactions. A self-confessed interloper of the social norms expected by the family structure he states, What I am is a runner. Running away from a thousand and one things, that people say you have to be or should want to be. (Tsiolkas:180). The reader can be confused just like the protagonist as Ari enjoys others company and has the brotherly love to be concerned about his Sisters relationship and protects his older Brother from their sometimes cantankerous Mother. Furthermore showing empathy towards his mothers home situation, even enjoying the connection with his mother when drinking, and enjoying Greek music with friends and family. He considers his Th ea (Aunty) during a coffee cup fortune reading, has mindfulness of his friend Joes uncomfortableness of homosexuality and Aris though struggling with Joe growing up he chooses to remain without external comment on these matters. Moreover, the acceptance of Johnno (Yianni) Toula as a valid member of society, to which Ari himself admires Johnnos (Yianni) strength to transform himself into Toula, a brave move within the Greek community and Australia at the time. Although the reader is witness to Aris interactions, internal and external dialogue, comparatively Ari through action versus his inner dialogue towards family and friends presents the desire to be included. The paradox, Ari in Loaded is an agent of his exclusion, throughout Loaded, Tsiolkas failure to adhere to mainstream morality and sexuality meant exclusion from the immigrant communal experience. (Frangos:13) Moreover, portrayed by Aris choice by not conveying his homosexuality his Greekness or Australianisms, to himself nor his parents. Inclusion is only on his terms during a period of emerging into adulthood, understanding his sexual and cultural identity while additionally conducting himself in self-destructive binges of unprotected sex with strangers, drug and alcohol use, as he divides of his home city into negative quarters to which he does not identify as an actual community. Thus, Aris denial of identity in a time of confusion and rebellion as a teen verging on adulthood. He denies himself of social inclusion which notably he replaces with his walkman playing selected soundtracks to survive the everyday. Although at brief moments Ari is compelled to be included within his so cial network of family and friends he shifts from the Greek music, contemporary music and movie loving teen to A dedicated non-conformist, he rejects media culture for its second-rate quality, levelling effect and mass appeal. He also abhors the shackling traditions of his Greek community, which he harshly criticises. (Vernay:44) Tsiolkas, therefore, presents Ari to the reader with secret identity issues and self-abuse during a difficult period of growing up showing how destructive self-exclusion from the community can impact on the personal perception of self. Additionally, though the community is not a utopia when included can bring with it belonging. Shakespeares Antony in Antony and Cleopatra struggles between Roman Stoicism and Egyptian Epicureanism, fuelled by a social and internal conflict between his love for Cleopatra and the expectations from the Roman Empire. Antony, formerly a Roman hero who won his position and admiration of the Roman community as one of the three leaders of Rome. Although, Shakespeare introduces Antony proclaiming his love for Cleopatra denouncing the Roman empire and his role within it. To which the next scene Antony is struggling with this proclamation, fearing the loss of his Roman identity while idle and enjoying the luxury Alexandria has offered him, recounting the glory days of his heroism, as a leader of Rome. Shakespeares use of two ideological and geographical places represents the opposing directions of the individualistic desire of Antony and the conflict between his reason, loyalty, and social expectations of both locations. Antonys duty, desire, socially expected obligations to Rome and hi s need to be indulgent of socially undesirable behaviour cause Antony to question his inclusion in both places but also his Roman-ness, the value he places in honour, as a part of his identity. Antony, nevertheless, participates in a deconstruction of his own not Antony identity at the opening of the play by resisting, ignoring, or attempting to replace his Roman-ness with a reconstruction based on his own desires and plans. (Galante: 9-10) Antony, recalls the joy and admiration of his inclusion in Roman society as a heroic champion of Rome, where is spontaneity and love of indulgence are celebrated and excepted, though frowned upon at times where his desires superseded the role Rome expected him to take. To assist Antony to his former glory, the arranged marriage of Octavians sister Octavia brought temporary peace, although Antony could not honour his marriage and returns to his desires back to Alexandria and Cleopatra; which Octavian himself questions Antonys loyalty: No way excuse his foils when we do bear So great weight in his lightness. If he filled His vacancy with his voluptuousness, Full surfeits and the dryness of his bones Call on him fort. But to confound such time That drums him from his sport and speaks as loud As his own state and ours, tis to be chid As we rate boys who, being mature in knowledge, Pawn their experience to their present pleasure And so rebel to judgment. (1.4.3) Shakespeare) While battling between self-desire and indulgence Antony is defeated by both Cleopatra and Octavian to which Antony is forced to face himself, and the exclusion he had created. The reality of Antonys fickle and unstable identity is an amalgamation of the opposites, he doesnt seem to have control over himself and is tantalised by discourses cruel play, he is not the engineer of his identity, and every contingent event drives in different directions. (Mohamadi:19). In defeat in battle and love, the struggle of only knowing victory as a part of identity excludes Antony more so, complaining to his attendant Eros, he feels himself changing, transitioning from one character to another as he attempts to restore his esteem and former identity to himself. Defeated, with false information on Cleopatras death sent by Cleopatra herself, rather than amending his character and social inclusion which incorporated loss. His choice to attempt to restore his identity as a unvanquished hero is by suici de believing his honour would be restored, and his name and story, therefore, included in Roman society as a legend of Rome. Shakespeares tragedy of the fall of Antony, the hero, shows as Fukuyama suggests inclusion is only successful when a person conducts themselves within the shared norms of society, Antonys waywardness and loss of what included him within Roman society ultimately created a self-righteous suicide. Comparatively, Ari is at a crossroads, at a confusing time while transitioning into adulthood, discovering his sexuality while struggling with cultural identity resulting in his extreme behaviour and exclusion from the community, through drug use and nihilism, though still enjoying his self-selected inclusion. Antony formerly had inclusion which gave him power and options, to which by choice excluded himself to pursue his desires, only to espouse the inclusion of his homeland he once had. Both protagonists have control of their inclusion and exclusion within their community both choosing to exclude themselves due to desire and resulting in both losing their identities, connectedness, and ultimately wanting a place of belonging. Moreover, Loaded ends knowing Ari is out there lost within himself and disconnected; the reader is left hopeful he will find inclusion socially and with self. Unfortunately, Antony story ends with his death; the reader is left to ponder if he lived could he ha ve brought back the heroic Antony from the lessons learnt. Tsiolkas Loaded, and Shakespeares Antony and Cleopatra are from different eras and are of a different genre, but both present geographical separation and the impact society has on self and expected norms for inclusion. The Authors allow the reader to witness the tension individualism creates when it excludes those against the social standards of the community, and the joy that acceptance can bring when the personal desire is put aside to embrace community expectations in return. Bibliography: Frangos, Marina. Diaspora is a Greek Word: Words by Greeks on the Diaspora. Irish Journal for Culture, Arts, Literature and Language, Vol. 1: Iss. 1, (2016) Article 3. Fukuyama, F. Trust: The Social Virtues and the Creation of Prosperity. New York: Free Press (1995). 25 Galante, Paul. Yet cannot hold this visible shape: Antonys Roman identity crisis in William Shakespeares Antony and Cleopatra . Theses and Dissertations. (2001) Paper 691. Mohamadi, Abolfazl. Constructive Power and Discordant Discourses in Shakespeares Antony and Cleopatra. International Letters of Social and Humanistic Sciences Online: [SciPress Ltd., Switzerland and University of Tehran, Iran] Vol. 58, (2015) 18-24. The Shakespeare Head Press. The complete works of William Shakespeare: Antony and Cleopatra. Wordsworth Editions, Clays Ltd, St Ives plc (1996) 924-964 Tsiolkas, Christos. Loaded. Random House Australia: ePUB ISBN: 9781742743882 (2011) 1-162 Vernay, Jean-FrancÃÅ'à §ois. Only Disconnect-Canonizing Homonormative Values: Representation and the Paradox of Gayness in Christos Tsiolkass Loaded. Antipodes, Vol. 20, No. 1 Wayne State University Press (2006) 41- 45. Additional references Crane, Mary Thomas. Roman World, Egyptian Earth: Cognitive Difference and Empire in Shakespeares Antonyà and Cleopatra. Comparative Drama, Vol. 43, No. 1 (2009) 1-17. Hauthal, Janine.Writing back or writing off? Europe as tribe and traumascape in works by Caryl Phillips and Christosà Tsiolkas, Journal of Postcolonial Writing, Vol.51, No. 2, (2015) 208-219. Ricard, Nathalie Effects of Social Exclusion and Inclusion on Basic Needs Satisfaction, Self-Determined Motivation, the Orientations of Interpersonal Relationships, and Behavioural Self-Regulation. ProQuest Dissertations Publishing [ProQuest Dissertations and Theses] (2011) 1-159.
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