Court considerations of tortious distributive justice - Free Essay Example

Sample details Pages: 10 Words: 2901 Downloads: 7 Date added: 2017/06/26 Category Law Essay Type Argumentative essay Tags: Justice Essay Tort Essay Did you like this example? à ¢Ã¢â€š ¬Ã‹Å"It is inappropriate for courts to seek to take account of considerations of distributive justice in their decisions in tort such factors are ones for the legislature alone.à ¢Ã¢â€š ¬Ã¢â€ž ¢ Critically evaluate this statement. In order to evaluate whether or not it is appropriate for the courts to take account of considerations of distributive justice in tort, the meaning of distributive justice in this context must be considered. According to Aristotleà ¢Ã¢â€š ¬Ã¢â€ž ¢s classic definition, distributive justice is a mechanism by which benefits and burdens among the members of a relevant group in proportion to some criterion are distributed.[1] By way of example, a criterion for distribution which is commonly considered is equality; which involves an attempt to decrease the gaps between the à ¢Ã¢â€š ¬Ã‹Å"havesà ¢Ã¢â€š ¬Ã¢â€ž ¢ and the disadvantaged. Often when the term distributive justice is brought up, issues concerning tort lawà ¢Ã¢â€š ¬Ã¢â€ž ¢s impact on the distribution of resources across the wider population spring to mind. Don’t waste time! Our writers will create an original "Court considerations of tortious distributive justice" essay for you Create order This reflects the distributive justice theory propounded by Perry[2] in which he states the point of distributive justice is understood to be the just distribution of material resources throughout society as a whole. Perryà ¢Ã¢â€š ¬Ã¢â€ž ¢s theory of distributive justice consists of a pattern of entitlements to material resources existing independently of tort law, and of tort law as a set of obligations not to disturb that pattern. Cane[3] draws an important distinction between distributive justice all things considered, otherwise known as global distributive justice, and the distributive justice that is confined to tort law. Because of its corrective-justice structure, tort law may be considered distributively unfair in the global sense even if the way it distributes rights and obligations is considered fair as between doers and sufferers of harm. As a matter of fact, one of the most common criticisms of tort law is precisely that it distributes justice unfairly because it oper ates pair-wise or under a à ¢Ã¢â€š ¬Ã‹Å"correlativity,à ¢Ã¢â€š ¬Ã¢â€ž ¢ it often doesnà ¢Ã¢â€š ¬Ã¢â€ž ¢t take into account wider distributive context of society. [4] Under Caneà ¢Ã¢â€š ¬Ã¢â€ž ¢s approach, tort law itself consists of rules and principles of personal responsibility for harm that establish a pattern of distribution of risks of harm and obligations of repair within society. The subject matter of the relevant principles of distribution under the approach are risks of harm and obligations of reparation and correlative entitlements, not à ¢Ã¢â€š ¬Ã‹Å"material resourcesà ¢Ã¢â€š ¬Ã¢â€ž ¢.[5] It is widely held that any sound explanation of tort law must, whatever other considerations it may invoke, invoke considerations of corrective justice.[6] Corrective justice is the idea that liability rectifies the injustice inflicted by one person on another. It focuses on a quantity that represents what rightfully belongs to one party but is now wrongly possessed by anothe r party and therefore must be returned to its rightful owner. In distributive justice, by contrast, the parties interact not directly but through the medium of a distributive scheme. Instead of linking solely the specific tortfeasor to the victim, distributive justice links all possible tortfeasors or victims in the same group to the benefit or the burden that they jointly share.[7] By way of example, the legal regime of personal injuries can be organized either correctively or distributively. Correctively a tort is committed by one party against another and the subsequent payment of damages from the first party to the second will restore the equality disturbed by the initial wrong. Distributively, the same incident activates a compensation scheme that shifts resources among members of a pool of contributors and recipients in accordance with a distributive criterion. The difference between corrective and distributive justice lies not in the different subject matters to which they apply, but in the way that they each operate differently on a subject matter to both. One argument against courts taking into consideration distributive justice in their decisions is the view that distributive and corrective justice considerations are incompatible and that when a corrective justification is mixed with a distributive one, each unavoidably undermines the justificatory force of the other. This is a view advocated by Weinrib[8] who argues that corrective and distributive justice are categorically different. He argues that if the law is to be coherent, any given relationship cannot rest on a combination of both corrective and distributive justifications. He claims that corrective justice is the backbone of the private law relationship and there can be no combining of distributive and corrective considerations. He rejects distributive considerations as being à ¢Ã¢â€š ¬Ã‹Å"alienà ¢Ã¢â€š ¬Ã¢â€ž ¢ to tort law interpreted as a coherent normative practice.[9] Many sch olars however dispute Weinribà ¢Ã¢â€š ¬Ã¢â€ž ¢s claim that distributive and corrective justice considerations are categorically different. Gardner[10] for example contends the opposed view that certain questions of distributive justice are central to the law of torts and must be faced by those who administer and develop it, namely the judiciary, precisely because the law of torts is a site of corrective justice. His view is that corrective justice specifies the structure of tort law as a system of correlative rights and obligations of recompensation between doers and sufferers of harm and that principles of distributive justice operate within this structure by specifying what these rights and obligations are. This theory results in a sense in which distributive justice is parasitic on corrective justice. A thesis which is supported by Cane[11], who states that corrective justice provides the structure of tort law within which distributive justice operates. The fact that many schola rs believe that corrective and distributive justice can work together coherently, disproves the argument put forth by Weinrib that distributive justice should not be considered in the courts, as it undermines essential corrective justice considerations. Moreover, it has been shown that distributive justice can be used as a constraint on corrective justice. In White[12], Lord Hoffman said that it would offend the ordinary persons notion of distributive justice if police officers who suffered psychiatric harm as a result of witnessing the events at the stadium were allowed to recover when many relatives had been sent away empty-handed. He contrasted the perspective of distributive justice with that of principle. From the perspective of principle (or corrective justice), the question of whether the officers should recover would have been answered by considering solely the relationship between them and the defendants, ignoring their position in relation to other groups of victims. In Lord Hoffmans view, if the court was to take into account only corrective justice considerations the result would have been that the officers would be allowed to recover. The reason he rejected this result was that the relatives had not been allowed to recover in Alcock[13]. To allow the police officers to recover when the relatives had been sent away empty-handed would have generated an unacceptable distribution of the risks and costs of negligence as between different classes of victims and injurers. So he used distributive justice consideration as a constraint on corrective justice to prevent this unfavourable outcome. The introduction of loss-spreading into tort law also demonstrates a blurring of the lines between corrective and distributive justice. The principle that accident losses should be distributed so as to minimize their felt impact has the proportional structure of distributive justice as it mandates the sharing of burdens in accordance with a criterion. Although it can and is argued by Weinrib that its use in tort law, fails to achieve distributive justice, because continuing the proportion by applying the principle to everyone within its reach is inconsistent with its being channelled through the doer and sufferer of a single harm. Conversely, since the issue of how the loss is ultimately spread is not relevant to the relationship of doing and suffering as such, in fact the best medium for loss-spreading might be some third party, the orienting of tort law toward loss-spreading cannot be portrayed as purely corrective justice consideration either. The combination of elements from both forms of justice ensures that neither form is achieved. Another somewhat more substantial argument against courts seeking to take account of considerations of distributive justice in tort, is that distributive decisions are often considered political by nature and therefore as a matter of course should not be undertaken by the judiciary. Weinrib argues that favouring a certain distributive consideration amongst several alternatives, requires the consideration of a collective goal which is external to the structure of corrective justice, and as such is political and thus falls outside the judicial scope.[14] Thus making distributive issues à ¢Ã¢â€š ¬Ã‹Å"illegitimateà ¢Ã¢â€š ¬Ã¢â€ž ¢ for consideration by the judiciary under the law of torts. A view which is supported by Schwartz. [15] The illegitimacy charge is based on an assumption that from a procedural justice perspective the idea that judges determining issues of resource distribution is problematic, since judges are not elected and their decisions do not necessarily reflect the preference of the voting public. He points to two features of the judicial process that make it unsuitable for resolving political issues of distribution. First, courts do not have the capacity to consider the full range of possible distributions, partly because their consideration of distributi ve issues is inevitably related to the resolution of disputes between two parties; judges therefore cannot make distributive decisions which affect whole categories of potential doers and suffers of harm. He argues that because the rules and principles of tort law organise the world in terms of bilateral relationships between pairs of tortfeasors and victims, it is implausible to explain it as a distributive mechanism. It might be thought from this, that distributive queries can only properly be considered by legislators and not judges and that judges in tort cases should only do justice between the parties. But where the rule of law prevails, doing justice between the parties must necessitate consideration of whether the plaintiff belongs to a class of people who should enjoy a right to proceed in tort against the defendant. Under the rule of law judges must not separate the rule from the ruling, either by declaring what the rule is or will henceforth be while declining to apply it to the case in hand, or by denying that there is a rule. Therefore it follows that no judge may rule in favour of any plaintiff except by placing the plaintiff within a class of imaginable plaintiffs who would, according to the judge, be entitled to the same ruling. So when courts recognize new causes of action in tort, or extend existing causes of action, they are distributing legal rights and duties to new classes of potential plaintiffs and potential defendants whether intentionally or not. Secondly, he submits that because distributive justice decisions can have far reaching implications affecting the interest of all members of the community, these sort of decisions should be made by the legislature who, unlike judges, are accountable to the community.[16] In other words, any specific distributive decisions should be made solely by elected institutions since it affects the interests of many individuals. It is his view that judges, who are not elected and who are instituti onally constrained by the limitations of the judicial process, do not have the authority to select a certain distribution among possible distributions. These arguments are not without merit. Courts themselves recognise their limitations in considering issues of social policy, and sometimes use this as a justification for refusing to make a particular distributive choice in a particular way.[17] However, as Keren-Paz[18] points out, a decision not to à ¢Ã¢â€š ¬Ã‹Å"interveneà ¢Ã¢â€š ¬Ã¢â€ž ¢ can have equally politically value-laden implications. Typically the refusal to make a distributive choice is in itself a distributive choice, which takes sides in the struggle between different groups in society and is heavily biased in favour of status quo and the à ¢Ã¢â€š ¬Ã‹Å"havesà ¢Ã¢â€š ¬Ã¢â€ž ¢ against the disadvantaged. He asserts that a decision to perpetuate the status quo is as political in nature as to a decision to deviate from it.[19] Keren-Paz submits that the only justif ication for judicial deference from distributive decisions is reliant upon the implausible conclusion that the status quo reflects a conscious, informed and legitimate decision by the legislature countering the decision that the court is asked to make, by a litigant striving to achieve social change.[20] This cannot be the case since, as a matter of constitutional law there is no legislation by omission. Also if it were the case then, given the inevitability of some form of distribution resulting from court-made rules, it might be taken that courts be prevented from developing new tort rules at all as there is an inevitability of some distributive results of tort law and that the political nature of judicial rule making is inevitable. An example of how in the process of attempting corrective justice between the parties in a tort case, judges may also be attempting distributive justice between classes of parties, is illustrated by the case of Donoghue and Stevenson[21]. The case w hereby the modern concept of negligence was created by setting out general principles whereby one person would owe a duty of care to another person. The decision in this case improved the position of a category of potential victims at the expense of a category of potential tortfeasors, thus clearly having distributive effect. This shows that whenever there is a question before the court of which acts ought to be classed as torts, judges cannot avoid attempting distributive justice. Every decision of the court has clear distributive repercussions yet no one seriously disputes the legitimacy of the courts in dealing with these issues. It is true that judges are not held accountable in the same way that politicians are, although it is not true that judges are unaccountable. For instance, the judicial obligation to give reasons for judgment that can withstand critical scrutiny is an important form of accountability. A clear of advantage of the courts taking into account consideration s of distributive justice whilst crafting tort rules is that it requires an open discussion by judges of the distributive effects of their decisions. Although it is suggested by Mandel[22] that courts are more likely to be conservative and that they tend to impede rather than further an egalitarian agenda, it is countered by Keren-Paz[23] that no matter what the judgesà ¢Ã¢â€š ¬Ã¢â€ž ¢ real inclinations are, conservative or not, if the consideration of distributive goals is required then judges are more likely to produce progressive results than regressive ones given the costs of being seen to endorse explicit inegalitarian views. It is my opinion that, requiring judges to take account of distributive justice considerations would improve transparency, as judges would be required to reveal the values that lie behind their decisions and not hide behind the argument that such decisions are outside their purview. However troubling the lack of accountability of the courts may be, it can provide no support for an argument against involvement in redistribution, since preserving the status quo is as political as engaging in progressive redistribution. Although I firmly believe otherwise, even if it were true that the lack of accountability of the courts presents a real challenge to their legitimacy in pursing distributive goals, the ability of the legislature to react to courtsà ¢Ã¢â€š ¬Ã¢â€ž ¢ rulings by amending or complementing them should provide an adequate response to this concern. In conclusion I do not believe it inappropriate for courts to seek to take account of considerations of distributive justice in their decisions in tort. I believe that taking into consideration the distributive justice effects of court rulings would in fact have positive effects as it would encourage judges to consider the distributive implications that will be inevitably caused by any formation of new tort rules. Also as demonstrated in White distributive justice consideratio ns can be used as checks on decisions that if considered under a purely corrective justice approach may have negative effects for substantive justice. Although the judiciary are not held to the same standards of accountability of the legislature, there are still sufficient restrictions in place to hold the judiciary accountable for decisions made with distributive considerations in mind with the security that the legislature can always overrule court rulings if deemed necessary. Bibliography A Schwartz (cited T Keren-Paz, Torts, Egalitarianism and Distributive Justice (2007)) Alcock v Chief Constable of South Yorkshire Police [1992] 1 AC 310 Aristotle, Nicomachean Ethics (2000) (Ethics) Donoghue v Stevenson [1932] AC 562 E Weinrib, The Idea of Private Law (2013) J Gardner, What is Tort Law for? Part 1: The Place of Corrective Justice (2010) J Gardner, What is Tort Law For? Part 2. The Place of Distributive Justice (2013) M Mandel (cited T Keren-Paz, Torts, Egalitarianism and Distributive Justice (2007)) P Cane, Distributive Justice and Tort Law (2001) S Perry, Tort Law in Patterson (ed) A Companion to Philosophy of Law and Legal Theory (1996) T Keren-Paz, Torts, Egalitarianism and Distributive Justice (2007) White v Chief Constable of South Yorkshire [1998] 3 WLR 1509 [1] Aristotle, Nicomachean Ethics (2000) (Ethics) 85. [2] S Perry, Tort Law in Patterson (ed) A Companion to Philosophy of Law and Legal Theory (1996) 333, 71-72. [3] P Cane, Distributive Justice and Tort Law, [4] J Gardner, What is Tort Law For? Part 2. The Place of Distributive Justice (2013) [5] P Cane supra note 3 [6] J Gardner, What is Tort Law for? Part 1: The Place of Corrective Justice (2010) [7] T Keren-Paz, Torts, Egalitarianism and Distributive Justice (2007) [8] E Weinrib, The Idea of Private Law (2013) [9] ibid [10] J Gardner, supra note 4 [11] P Cane supra note 3 [12] White v Chief Constable of South Yorkshire [1998] 3 WLR 1509 [13] Alcock v Chief Constable of South Yorkshire Police [1992] 1 AC 310 [14] E Weinrib, The Idea of Private Law (2013) [15] A Schwartz (cited T Keren-Paz, Torts, Egalitarianism and Distributive Justice (2007)) [16] E Weinrib, The Idea of Private Law (2013) [17] T Keren-Paz, Torts, Egalitarianism and Distributive Justice (2007) [18] ibid [19] ibid [20] ibid [21] Donoghue v Stevenson [1932] AC 562 [22] M Mandel (cited T Keren-Paz, Torts, Egalitarianism and Distributive Justice (2007)) [23] T Keren-Paz, supra note 8

The Incarceration Of The United States Of America

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In the state of Ohio, the total rate of recidivism (an inmate s relapse back into criminal behavior after they received sanctions or underwent an intervention for a previous crime) was 40 percent wh ile the prisoners who had completed an academic program during imprisonment had an overall rate of 18 percent. When the recidivism rate is lowered, these aforementioned correctional education programs produce hundreds of millions of dollars worth of savings annually for the country. Additionally, the education of the incarcerated peoples of America will increase the national literacy rate and promote the general welfare of the country. Section 1: In order to determine the skill level of theShow MoreRelatedThe Effects Of Incarceration On The United States Of America978 Words   |  4 Pagesprison population of the United States of America can be attributed to changes in sentencing and policies that created stricter laws and harsher punishments for offenders. 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Tijuana Bronze Machining Teaching Commentary Essay Example For Students

Tijuana Bronze Machining: Teaching Commentary Essay The selling price for flow controllers increased more than 12% this past month while the selling price for pumps decreased more than 16%. The BBC analysis indicates that pumps still have the highest gross margin (40%) at the actual selling price. The gross margin would be 35% at a price of $75. 06, which would allow still further price cuts of $6. 20 per unit. Given the commodity pricing pressure on pumps, and if 35% is really Tabs necessary gross margin before SAG expenses to earn an adequate rate of return, hen a further 5% decrease to approximately $75 can be made without harming the target gross margin. This assumes the BBC costs per unit do not change. Cost Reduction (Re-engineering) for Pumps? There is a lot of buyer power in this market, so TAB must undertake cost reduction and re-engineering programs to be the low cost producer. The case says pumps require less precision manufacturing than valves. Pumps involve only one more component than valves. There are approximately 58 workers on board and average wage (plus benefits) is $16 per hour. At 25% benefits, an approximate wage rate is $13 per hour, which is on the sigh side for industrial manufacturing Jobs along the Mexican border at the time of the case. Perhaps less skilled machinists could be used on the pumps (and flow controllers)? Although automation is touted by management, direct labor represents 12% of the total manufacturing costs. Again, some cost savings may be possible. Also, eight hours for a set-up?! How Are Valves Doing? Apparently, the one valve customer is pleased with our quality and competitive price. Competitors are not attempting price cuts. The case implies that automation and efficient production processes are helping control costs and efficiency. But is it good strategy for TAB to be dependent on a single customer for valves? The BBC gross margin is 35% for valves so no action seems necessary to raise or lower prices. Company makes pumps and flow controllers to fill out the production capacity. Can we really continue long-run with 24% of sales in a no-growth market with a single customer? Teaching Strategy In class, I go through the questions in order, trying to save at least 20 minutes (in a 90-minute class) for question 8. Usually, questions 1 through 6 are pretty straightforward for students who are willing to spend about 3 hours in preparation or class. The trick in class is Just to keep the discussion moving along. Question 7 is very difficult for students. Often, I have to take over the discussion and show students the analysis reproduced above. The question is a good antidote to the idea that KIT is always goodnot when receiving and handling costs are as high as in this case. I believe it is important to spend at least 10 to 15 minutes or so on this question to reinforce the concept that BAM is a dynamic concept, based on cost management, whereas BBC is a static concept, based on cost measurement.

Impact of Global Recession

Question: Write an essay on Impact of Global Recession on the Business Perspective of Small and Medium Enterprises. Answer: Introduction: The prime of this research study is to identify and analyze several factors and concepts related to global recession. Therefore, it is expected that the outcome of the research will able to depict several factors and concepts that can have impact on the business perspectives of small and medium enterprises. In this research study, the impact of global recession on the small and medium enterprises has been discussed. The study will also discuss about the research outline, research philosophy, research approach along with qualitative and quantitative data collection method. Justification of the selected research method: For this particular research study, the researcher will consider positivism research philosophy, descriptive research design and deductive research approach. The researcher will consider these factors so that the study can able to cover all the factors related to global recession that can have impact on the small and medium enterprises. For the collection of data relevant to the study, the researcher will include both quantitative and qualitative research method. Quantitative research method: As mentions by Price, Rae and Cini (2013) quantitative data collection method has the potential to identify the trend relevant to the research topic. The article also mentions that research activity including mathematical intervention for manipulating the captured data is known as quantitative research method. Since, identification of the factors of global recession that can have impact on the business perspectives of small and medium enterprises requires mathematical intervention. Quantitative research method will help the researcher to capture several perspectives of the research study in a much more effective way. The quantitative research method includes the many steps that can help the research study to add value to the outcome. The steps are described as follows: Theoretical inclusion relevant to the research topic Hypothesis regarding the potential impact that many factors of global recession can have on the business perspectives of the small and medium enterprises Research design according to the hypothesis Testing device according to the hypothesis of the research study Selection of the research subjects and sites Data collection with the help of various instruments survey questionnaires etc Processing of the capture data Analysis of the collected data Outcome of the research Reliability and validity of the quantitative research method: For achieving the desire result for any particular research study, quantitative research method is very important. In addition, quantitative research method will also help the researcher validate the above mention steps for the successful completion of the research study. As per the article by Gaggioli et al. (2013), validation of each step is necessary for the successful completion of the research study. Moreover, quantitative research method will also help the researcher to cover all the perspective related to global recession, which will eventually create positive impact on the overall outcome of the study. Apart from the validity and reliability, quantitative research method will provide assistance for maintaining the consistency of the entire research study. Maintaining consistency for the completion of the research study is important, as it will help the researcher to identify the inter-relationship among several factors of the research study. Qualitative research method: As per the article by Onwuegbuzie and Frels (2013), qualitative research method can help the researcher to capture in-depth information about the research topic. Since, global recession impact on the small and medium enterprises is a broad topic, implementation of qualitative research method is crucial. Since, the findings of the qualitative research method have the potential to provide added value to the research topic. Qualitative research method will also help the researcher to provide detail description about the research topic. As mentions by Pickard (2012) qualitative research method is much more descriptive as compared to the quantitative research method. It also includes several steps that the researcher will have to consider in order to complete the entire research study. The steps for implementing qualitative research method are as follows: Research questions that the researcher will have to consider for the successful completion of the research study Selection of sites and subjects relevant to the situation of the research study Collection of relevant information about the research topic Conclusion of the study Research procedure and its implementation in article 1: Article 1: Small business responses to a major economic downturn: Empirical perspectives from New Zealand and the United Kingdom. International Small Business Journal, p.0266242612448077. (Smallbone et al. 2012) As mentions by the article by (Smallbone et al. 2012)many small medium enterprises operates on a tightly controlled cash flows. Since, these organizations often do not have large available resources to input more cash for the success of the businesses. Therefore, small and medium enterprises look to utilize available money effective so that the organization can able grow in the target market. However, recession minimizes the purchase pattern of the people. Therefore, it also have huge amount of negative impact on the cash flow for the small and medium enterprise. At the time of recession, many small businesses face the issues of late payment that created huge amount of negative impact on the business perspectives of the small business enterprises. Therefore, the article highlights that recession primarily affected the entire cash flow for the small and medium enterprises. Therefore, it induces small organizations to borrow more from the market that eventually create negative impact o n the business aspects of the organization. As mentions in the article by (Smallbone et al. 2012), the success of the small and medium enterprise heavily depends on the few major customers. Since, majority of the small companies generate their bulk of the revenues from these few prestigious customers. However, as mentions earlier recession cause people to spend less. As a result, many small businesses have to face challenges regarding the loss of demands. In fact, recession has caused many small organizations to close the businesses due to the lack of demand. Furthermore, the article highlights that recession can also force big organizations to close several branches to minimize the loss. Therefore, it also creates negative impact on the overall demand of the small and medium businesses. Since, many small and medium business enterprises heavily depend on these large organizations in order to generate higher revenue. From the above discussion, it can be assess that global recession has the potential to create huge amount of negative impact on the purchasing pattern of the people, which eventually results in the loss of demand. Thus, qualitative and quantitative research method will help the researcher assess the factors that have major impact on the loss of demand for the small and medium enterprises. Research procedure and its implementation in article 2: Article 2: Strategically surviving bankruptcy during a global financial crisis: The importance of understanding chapter 15. Journal of Business Research, 67(1), pp.2738-2742. (Evans and Borders 2014) As per the article by (Evans and Borders 2014) many organizations reduces their number of staffs in order to cope up with the adverse impact of global recession. Since, global recession leads to the financial shortage that eventually results in the budget cuts in whatever way possible. Now, the article mentions that one of the most popular ways of reducing the budget of any organizations is minimizes the employee strength. In addition, as recession minimizes the overall demand for the organizations, organizations feel that they can easily cope up with the existing demand of the market with the reduce workforce. However, these staff reduction procedure has created huge amount of negative impact on the economic prosperity of any society. In addition, the article also highlights that global recession induces small and medium organizations to close or reduce many businesses. Therefore, it induces investors to invest less for reduce investment. Furthermore, global recession also increases the amount of risk for the investors to consider. Since, at the time of recession, global market also changes to a certain aspect. Therefore, it eventually increases the risk associated with the investment. The article also mentions that reduced investment badly affects industrial production. Therefore, it minimizes overall production level of the entire community, which eventually will affect business perspective of the small and medium enterprises as well. The article highlights that global recession reduces number of staffs and investment for the economy. In this regards, quantitative and qualitative research method will help the researcher identify several perspectives related to the identified issue in the article. Conclusion: The purpose of the quantitative research study is to evaluate collected information for the fulfillment of the research objectives. On the other hand, qualitative research method will describe the global recession phenomenon in a much more effective way. In case of qualitative research method, the researcher plays a key role in evaluating different perspective of the research study. On the other hand, researcher remains neutral at the time of implementing quantitative research method. References: Evans, J. and Borders, A.L., 2014. Strategically surviving bankruptcy during a global financial crisis: The importance of understanding chapter 15.Journal of Business Research,67(1), pp.2738-2742. Gaggioli, A., Pioggia, G., Tartarisco, G., Baldus, G., Corda, D., Cipresso, P. and Riva, G., 2013. A mobile data collection platform for mental health research.Personal and Ubiquitous Computing,17(2), pp.241-251. Onwuegbuzie, A.J. and Frels, R.K., 2013. Introduction: Toward a new research philosophy for addressing social justice issues: Critical dialectical pluralism 1.0.International Journal of Multiple Research Approaches,7(1), pp.9-26. Pickard, A., 2012.Research methods in information. Facet publishing. Price, L., Rae, D. and Cini, V., 2013. SME perceptions of and responses to the recession.Journal of Small Business and Enterprise Development,20(3), pp.484-502. Smallbone, D., Deakins, D., Battisti, M. and Kitching, J., 2012. Small business responses to a major economic downturn: Empirical perspectives from New Zealand and the United Kingdom.International Small Business Journal, p.0266242612448077.

Structural issues that stem from the merger of two organisations

An exploration of the ways in which the men in Journeys End and Regeneration are affected by the War Essays

An exploration of the ways in which the men in Journeys End and Regeneration are affected by the War Essays An exploration of the ways in which the men in Journeys End and Regeneration are affected by the War Essay An exploration of the ways in which the men in Journeys End and Regeneration are affected by the War Essay Both R.C Sheriff and Pat Barker use their characterisations as means of conveying the effects of the traumas of war on the soldiers in Journeys End and Regeneration. These two texts not only explore the stress and emotional problems the men endured in response to the horrors of war, but also the ways in which they coped with or tried to escape them. Journeys End and Regeneration approach these concepts in sometimes similar ways which can be directly linked, yet at other times in contrasting ways. While Journeys End illustrates the effects of war on the men on the front line in the trenches, Regeneration focuses on the suffering of the aftermath of war of the soldiers their time at Craiglockhart Hospital. In Journeys End it is apparent that Stanhope is affected by his experiences of war and turns to alcohol in attempt to cope with his suffering. Other comrades are aware that his habit has escalated Hardy comments that he never did see a youngster put away the whiskey he does and they realise how his behaviour contradicts his old principles. Sheriff demonstrates Stanhopes preceding ascetic lifestyle through Raleighs admiration, once at school he caught some chaps in study with a bottle of whiskeyThe roof nearly blew off. This distinct contrast in character, displays the way in which war could change the soldiers behaviour dramatically. Stanhope exhibits paranoia through his desire to read Raleighs letters, emphasising his need to censor all letters and urges Osborne to cross out what (Stanhope) says about (him). Through his demands, Sheriff portrays Stanhope as being ashamed of the person war has made him. Barkers portrayal of Anderson in Regeneration can be compared to Stanhope, as he too leaves the war a changed character as a direct result of his experiences. His psychosomatic struggle to face his fear of blood is demonstrated through his constant nightmares, haunting him with images of horrifying injuries of his patients. It is evident from the recurring images of blood it pumped out of him that Anderson becomes incapacitated by the fear of blood, and thus, incapable providing for his family. Sheriff uses Trotter to illustrate an alternative way in which the soldiers coped with the strains of war. In order to make the time go alright, Trotter blacks (circles) in to mark off each hour. Not only does this demonstrate the soldiers desperation for the war to end but also indicates the absence of the concept of time in the trenches. These black circles evoke images of bullet holes, showing that the concept of war is always on the soldiers minds and they struggle to escape such thoughts. Trotter is also used to create a sense of bathos throughout the play, through his constant longing for food. He recognises the lovely smell of bacon! and converses with Mason about food. It becomes evident that Trotter eats for comfort, in a similar way that Stanhope drinks. His comment that wars bad enough with pepper, but without pepperits bloody awful, creates light-hearted relief against the reality of war and death. This abrupt change in ordinary style provides a contrast in the play, givi ng the audience a sense of normality, which is unmistakably a way in which the soldiers attempt to cope with their everyday struggles in the trenches. In addition to this, the soldiers in Journeys End use trivial games, such as earwig racing, not only to pass the time, but also as an attempt to shield themselves from the psychological effects of the war. The men display enthusiasm in playing such child-like games: if you want to get the best pace out of an earwig, dip it in whiskey makes em go like hell!, suggesting that they are suffering from a loss of youth due to entering the war at such a young age, causing them to revert back to their childhood ways. Similarly, this concept emerges in Regeneration. When Burns invites Rivers to his home, he looks like a child trying to remember what it was that grown-ups said to newly arrived guests. Here Barker demonstrates how young men could often remain innocent and naà ¯Ã‚ ¿Ã‚ ½ve through the carnage of war. Furthermore, Barker highlights the fact that Burns has been aged by the war and looks like a scarecrow. This depiction evokes images of a scrawny, hunchbacked man with weathered ski n and a vacant and expressionless face. The Sam Browne belt, bunching the loose fabric round his waist tied him together could be interpreted as a metaphor the belt being the one thing that is holding himself together emotionally. As a result of being pressurised to mature so hastily in becoming a captain, Burns is shown to be suffering from a loss of youth, both physically and mentally. A prominent distinction displayed between the two texts is the degree of realism established through language and the characters differing attitudes of war. The characters in Journeys End are constantly attempting to see war in a positive light and adopt an optimistic mind-set throughout their time in the trenches. Romantic imagery is a common method used in attempt to cope with the psychological scaring evoked by their traumatic experiences. Stanhope and Osborne describe the sunrise using positive adjectives such as gorgeous and splendid, provoking images of a romantic setting where battles take place. Consequently, it can be argued that this description provides an unrealistic portrayal of war. Moreover, although Osbornes comparison between sport and battle may seem true when he refers to no-mans land as the breadth of a rugger field, his association between them may also be observed as a romantic perception, as it moves away from the war. Thus, Sherriff exemplifies, through the so ldiers idealistic perceptions of war as a game, how they coped emotionally by underestimating aspects concerning war. In Regeneration, Barker perhaps provides a truer perspective of war through her use of realistic and often graphic language, a prime example being that Burns had time to realise that what filled his nose and mouth was decomposing human flesh. Through this direct and pragmatic approach, Barker explores the different effects experienced by the soldiers through various characters: Burns traumatic incident on the front line causes him to relive the horrors of his dreams and from every nightmare he awoke vomiting. Sassoon suffers form similar effects, as his hallucinations are discussed directly in the novel, the pavement was covered in corpses. Barkers honest and direct approach provides the reader with an accurate insight into the psychological distress experienced by the soldiers. However, the concept of soldiers using romance and escapism seen in Journeys End, in an attempt to evade the emotional effects, can also be found in Regeneration, through the characters Owen and Prior. Owens poetry initially provides him with escapism from the war, as he claims that he has always thought of p-poetry as the opposite of all that. The ugliness. He realises that poetry is something to t-take refuge in. Prior feels sexy while walking i nto no-mans land, conveying how soldiers often used sexuality to detach themselves from the misery of war; here, Barker demonstrates that men often coped with the ordeal of war by focussing on sex. Both authors demonstrate how soldiers can become psychosomatic in response to war. In Journeys End, Sherrif uses Hibbert to offer direct insight in to the psychological damage inflicted on the men. Hibbert claims he cant stick it any longer due to suffering from neuralgia. Despite Stanhopes disregard to this and his view of him being a worm and a shirker, Hibbert maintains that he wants to go sick. When confronted by Stanhope, Hibbert is shown with his eyes tightly screwed up as he stands quivering, evidently providing an image of someone whos mental state is seriously effected by the war. A similar notion is conveyed by Barker through Willard, who claims that he is paralysed despite Doctors telling him There was no injury to the spine. Rivers concludes that paralysis occurs because a man wants to save his life from taking part in some hopeless battle. Similarly to Hibbert, Willard is reluctant to concede anything that might suggest his illness was not purely physical. It is evident that he comes to realise that I cant walk because I dont want to go back. It can be concluded that, although both texts demonstrate the effects of war, the authors adopt similar and dissimilar methods of illustrating how the horrors of war can scar men psychologically and physically. The results of war on the men in both texts can often be directly linked, despite Sherriff and Barkers alternate styles of approach.

MOVEO folding electric scooter Assignment Example | Topics and Well Written Essays - 2750 words

MOVEO folding electric scooter - Assignment Example This has resulted to there being more traffic jams in the cities. It is for this that people are looking for alternate travelling means so as to ensure that they arrive at their destinations faster (Avery, 2010). These methods include reducing the number of time that they use their cars and opt for public transport, and this includes the use of scooters and motor bicycles that are not as prone to traffic. It is for this reason that MOVEO has come up with its own solution to this problem; the creation of a foldable electric scooter. The company has designed a scooter that should help and solve this problem for most people that live near or within the city (Petron, 2008). A marketing solution needs to be created so as to make the most out of the vehicle. The framework that is to be used is to ensure that there is better use and endurance that specificity in the marketing of the product. It is to ensure that there is measurability and achievability in the product marketing structure. The Marketing Communication Planning framework shall be used for this purpose. The process entails studying of the market, coming up with objectives, strategies, tactics and evaluation of the market so as to get th e best of the product while still making profits for the company. The market is one that is constantly growing with more companies venturing into the foldable and green mode of transportation (Belch and Belch, 2009). Furthermore, it is due to the fact that the customers want a more mobile and efficient method of travel from one place to another that makes the market receptive to the idea. The market is lucrative and promising due to the increase in the number of people that are buying cars. This is because, with the increased number of vehicles that clutter up the roads, there will be an increased demand for vehicles that are more mobile and efficient in the sector of maneuvering through traffic. The market is receptive to the scooters that are