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

Preamble: Whereas at this time, many of the incarcerated men, women, and children of our great nation are not sufficiently educated to be employed by the various corporations in the United States of America. To further develop the potential workforce of America, these incarcerated peoples should become proficient in the reading and writing of the English language. This in turn will help reduce the tax rates of the Federal Bureau of Prisons by lessening the amount of people imprisoned. According to the article Educated Prisoners are Less Likely to Return to Prison found in the Journal of Correctional Education, the prisoners who undergo an educational program during their incarceration are far less likely to return than prisoners who did not received any education during their confinement. 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. For the last half-century, America’s attempts to get tough on crime and wage a war on drugs have landed the U.S. the highest spot on the worldwide charts in regards to prison population; only in recent years has the rate of incarceration changed course, tracking a slow, steady downward trail. Incarceration is supposed to be punishmentRead MoreAmeric Land Of The Incarcerated1296 Words   |  6 Pages America: Land of the Incarcerated Connor Murphy Mesa Community College â€Æ' In 1814, Francis Scott Key wrote the poem The Star Spangled Banner after witnessing the attack on Fort McHenry by the British Royal Navy in the War of 1812. The poem was sang to the tune of a well-known British song and eventually, Key’s once amateur patriotic poem became the United States national anthem in which the lyrics strongly symbolize our country’s perseverance and freedom. The Star Spangled BannerRead MoreThe New Jim Crow : Mass Incarceration1199 Words   |  5 Pagesdid read her book The New Jim Crow: Mass Incarceration In The Age of Colorblindness. Michelle Alexander stated that The most despised in America is not gays, transgenders, nor even illegal immigrants - it is criminals. That was an important quote since the stereotypical criminal in our racially divided America in most cases are those of color also known as blacks. This is why the criminal justice system in the United States promotes the mass incarceration of blacks that can be seen through highR ead MoreMass Incarceration Essay1278 Words   |  6 Pages MASS INCARCERATION The prison population in the United states has increased 500% in thirty years. Since the 1970s social inequality has impacted the American prison system. America has 2.3 million people in prison which is â€Å"five times more than England and twelve times more than Japan.† We want to know why our prison population is growing and what are the core reasons. Has our society caused mass incarceration? Is it based on conflict theory or social stratification? Our research will includeRead MoreRacial Profiling And The Civil Rights Movement1239 Words   |  5 PagesGiselle Cordero PSCI 246: Social Movements Outline Topic/Question: Have Black Lives Mattered? – Racial profiling in the justice system, increased incarceration of African Americans and the idea of â€Å"White Privilege† persists in the United States. 1. Introduction Even though America is the world dominating superpower and is known to intervene on behalf of the violation of human rights internationally, it fails to acknowledge and correct the flaws its legal and justice system present against itsRead MoreThe Incarceration Of The United States1519 Words   |  7 Pagesin recent decades, violent crimes in the United States of America have been on a steady decline, however, the number of people in the United States under some form of correctional control is reaching towering heights and reaching record proportions. In the last thirty years, the incarceration rates in the United States has skyrocketed; the numbers roughly quadrupled from around five hundred thousand to more than 2 million people. (NAACP)In a speech on criminal justice at Columbia University, HillaryRead MoreIncarceration Of Americ The United States1487 Words   |  6 PagesIncarceration in America The United States has the largest prison population in the world. The U.S.’s path to our over population has been decades in the making. â€Å"The United States makes up about 4 percent of the world’s population, and it accounts for 22 percent of the world’s prison population.† (Lopez). Prison over population is a growing concern within our society creating and contributing factors include longer sentences, rising costs, prison gangs, rapes, racism and mental health issues.Read MorePunitive Model Of Incarceration During The United States1321 Words   |  6 Pages Examining the Punitive Model of Incarceration in the United States and the Changes that Brought It About Collin S. Lahr Ball State University Abstract This paper explores several different sources that cover some aspect of how the United States Penal System went from the Rehabilitative Model to a punitive system. Bryan Stevenson and Betsy Matthews have written about how drug enforcement and the â€Å"War on Drugs† are responsible. Yeoman Lowbrow’s analysis of the crime rate and statistics willRead MoreThe Video Of Last Week Tonight By John Oliver884 Words   |  4 PagesReaction Assignment In the video of Last Week Tonight with John Oliver, John Oliver discusses the problem of mass incarceration in the United States. He starts by talking about the extremely large prison population in America. According to Oliver America has a larger prison population than China despite having a much smaller overall population. In fact America has the largest prison population in the entire world. He then discusses how the prison population is mostly populated with minorities andRead MoreThe American Justice System Is Corrupt1536 Words   |  7 PagesDo you believe that everyone should be free? Well the thing is that America is really taking that away from people who have done something wrong even when it s for petty stuff like writing a bad check. Some stuff is understandable like murder or other stuff, but some is outrageous. The American prison population has been absolutely ridiculous; it s crazy for the U.S. To have such high prison rates. The more you know about it the more frus trating it gets, and if you ask almost anyone you would think

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.