Abuse Institutional Abuse Essay

Unit 204 – Principles of safeguarding and protection in health and social care The numbers in the bracket after each question relate to the assessment criteria in the standards UNIT 4222-205 1. Define the following types of abuse: (1.1.1) see more:reports into serious failures to protect individuals from abuse †¢ Sexual abuse Sexual abuse is the forcing of undesired sexual behaviour by one person upon another †¢ Emotional/psychological abuse Emotional/psychological abuse may involve threats or actions to cause mental or physical harm; humiliation; voilation †¢ Financial abuse Financial abuse is the illegal or unauthorised use of a person’s money, property, pension book or other valuables. †¢ Institutional abuse Institutional abuse involves failure of an organisation to provide appropriate and professional individual services to vulnerable people. It can be seen or detected in processes, attitudes and behaviour that amount to discrimination through unwitting prejudice, ignorance, thoughtlessness, stereotyping and rigid systems. †¢ Self neglect Self-neglect is a behavioural condition in which an individual neglects to attend to their basic needs, such as personal hygiene, feeding, clothing, or medical conditions they might have. †¢ Neglect by others Neglect is a passive form of abuse in which the wrongdoer is responsible to provide care, for someone, who is unable to care for oneself, but fails to provide adequate care to meet their needs. Neglect may include failing to provide sufficient supervision, nourishment, medical care or other needs. 2. Identify the signs and/or symptoms associated with each type of abuse (1.1.2) 3. Describe factors that may contribute to an individual being more vulnerable to abuse (1.1.3) 4. Explain the actions to take if there are suspicions that an individual is being abused (2.2.1) 5. Explain the actions to take if an individual alleges that they are being abused (2.2.2) 6. Identify ways to ensure that evidence of abuse is preserved (2.2.3) 7. Identify national policies and local systems that relate to safeguarding and protection from abuse (3.3.1) 8. Explain the roles of different agencies in safeguarding and protecting individuals from abuse (3.3.2) 9. Identify reports into serious failures to protect individuals from abuse (3.3.3) 10. Identify sources of information and advice about own role in safeguarding and protecting individuals from abuse (3.3.4) 11. Explain how the likelihood of abuse may be reduced by: (4.4.1) a. person-centred values b. active participation c. promoting choice and rights 12. Explain the importance of an accessible complaints procedure for reducing the likelihood of abuse (4.4.2) 13. Describe unsafe practices that may affect the wellbeing of individuals (5.5.1) 14. Explain the actions to take if unsafe practices have been identified (5.5.2) 15. Describe the action to take if suspected abuse or unsafe practices have been reported but nothing has been done in response (5.5.3)

Descartes Existence of God Essay

The existence of God has been a question since the idea of God was conceived. Descartes tries to prove Gods existence, to disprove his Evil demon theory, and to show that there is without a doubt something external to ones own existence. He is looking for a definite certainty, a foundation for which he can base all of his beliefs and know for a fact that they are true. Descartes overall project is to find a definite certainty on which he can base all his knowledge and beliefs. A foundation that he will be able to prove without a doubt. To find a definite certainty he uses a methodical doubt, this states that anything that could be doubted must be taken as false. This is done to find an absolute certainty for which to base all knowledge. Descartes develops his Evil Genius theory to bring doubt to all senses and hence making them false. The theory says that it is possible that there is someone (an evil genius) who is controlling our mind. If so we wouldn’t be sure whether or not what we see was real or just a dream, therefore all of our senses would be doubtable and thus taken as false. This theory proves that nothing external is certain and must be proven false to continue his quest for truth and certainty. Descartes second meditation gives a definite certainty for which to use as his foundation to build his beliefs. Then his third meditation proves the existence of God and the external world, while disproving the evil genius theory. That definite certainty that cannot be doubted, is the fact that I exist. Whenever I utter or think â€Å"I am† I know this to be absolutely true, without doubt. From this definite foundation Descartes tries to prove that there is something external to the mind. So he states the law of casualty. This basically says that nothing can be created from nothing, and that the less perfect can not create something more perfect or better than itself. Then if there is an idea in our minds that we didn’t create, something else created it. If God is more perfect than us, then we could not have created God but God created us. Descartes then wrote about the idea of God. He said that God is infinite and could not have been created by us because God is more perfect than us thus undoubtable and certain. The idea that God exists disproves the Evil Genius theory therefore proves the existence of an external world. Anslem and Descartes’ theories both prove that there is a God and they both use some similar ideas in their premises’. For instance, they both rely on the faith that there is an idea of God; he is perfect and self evident. God could not have been conceived if there wasn’t a God. Though, Descartes says that the less perfect can not create something more perfect or better than itself, and that we are less perfect than God therefore we could not have created God. So, this proves the existence of God and an external world. On the other hand, Anslem says Existence is greater than conception and nothing greater can be conceived then God. Therefore God must exist. In my opinion descatres has successfully proven the existence of God as well as one can because he started from the beginning and logically found a true foundation of beliefs and from there proved the existence of God and an external world. consequently making our senses less doubtable, and more certain.

Hard Rock Essay

Hard Rock’s three main internal information systems (restaurant operations, merchandising, and financial)? Why was this a problem? content_from_NY 2. What’s the solution? [List] -Putting a data warehouse system oTo store restaurant point-of-sales customer data, merchandise sales, customer demographic, preference oTo link data via the Web -Installing chain-wide merchandise system -Putting Radius inventory management system Adopting Lawson software financial module, lotus notes oTo update on a daily basis oTo create a common ledger for all stores allowing the system to automatically reconcile numbers for every cafes oTo reduce workload for finance staff The new systems and data warehouse are accessible through companywide intranet, allowing employee to look up customer detail and other information with just one click. 3. What’s the role of CRM? [List] How does the data in a CRM differ from that of a POS? Table) -To build and strengthen relationship between company and its customer ex. Hard Rock building an online community. – To capture information about customers and give them customized details in order to drive customer revisit. -To gain personal information about customer and use it to offer personalized service. oHard Rock gift certificate which can be redeemed on the website by using identification number in return of personal information and survey. To track customers both on the Web and in the restaurants, which allows company to offer promotion based on user behavior. -To trace online visitors and track how they respond to certain promotions. -To have a better understanding of each customer. -To take in account customers’ needs and question. -To deliver services or product that satisfies customers. -To interact with customers and analyze these interactions to maximize revenue/ profits and customer satisfaction

Frankenstein Essay Example | Topics and Well Written Essays - 500 words - 5

Frankenstein - Essay Example The ability to do something, does not guarantee that one should simply do it. Some experiments should not be carried out just because of availability of the necessary skills and equipment. Scientists ought to pause, and think about implications of what they want to conduct. In addition, they should distinguish between the moral and immoral. Conducting an immoral medical practice causes definite harm to society. Therefore, availability of technology to perform an act should not be the only element that dictates scientific activities. In relation to Frankenstein, he had all the necessary materials required to create the monster. He continued to give it life without thinking of the implications the creature would have on society. Consequently, many people from Frankenstein family lost their lives. Others were blamed for the injustice, instead of Frankenstein or the monster, thus causing more pain to the society. Given that science can be seen as a body of knowledge that can give man God-like abilities, medical practitioners should employ ethics in the different experiments that they conduct. One of the medical ethics relates to ensuring that the doctor works in the best interest of the patient. The practitioner ought to protect the patient from any harm, and promote their comfort. However, Frankenstein did not uphold such care to the creature he created. The creature had life; it walked, communicated, and even demanded for its rights, just like a normal human being (Shelley, 2010). Given these traits, the creature needed a mate for it to lead a comfortable life. On the contrary, Frankenstein did not think about the happiness of the monster and its existence on earth. It did not have any companion, and creation dictates a male and a female for life to be complete. Failure to incorporate such ideas in his experiment devastated him, leading to misery. Consequently, medical practitioners must a lways weigh their actions, and

Microsoft Word Funtionality Research Paper Example | Topics and Well Written Essays - 500 words

Microsoft Word Funtionality - Research Paper Example Any student or large business employee or owner can benefit from the simplicity of Microsoft Word, as well as the hundreds of options that it comes with to create the perfect report or project. As Microsoft Word is often used to prepare reports for both schools and businesses, one of the most beneficial functions is the ability to make an outline of the required assignment. With the bullets and numbering functions, including special features to do a tiered outline, detailed outlines can be created to prepare the writer and give them the confidence they need to complete their research paper while staying on track. The outline can also help to maintain the notes that the researcher may obtain during their research. Furthermore, through the use of Microsoft PowerPoint paired with Microsoft Word, the outline can be converted into a PowerPoint slide (Ion, 2009), which can be used to present the initial idea of the report to anyone who may ask for it, as well as further help organize the writer. Students especially find constant need to have a computer equipped with Microsoft Word while they sit in on their classes, using the simple features of Word to take notes and organize th eir ideas on the class. Microsoft Word is the most useful program when it comes to writing the actual report. Depending on which update of the software that a student or business person has, they can display their outline to the side of their paper, giving them the opportunity to follow their outline as they write their report. Microsoft Word comes complete with easy to use and easy to access tools that help to make the report unique and appealing to the reader. Changing the font, inserting images, graphs, and diagrams, and creating tables helps to organize the information in the report (The Garlic Press, 2000). These functions are often sought out for businesses and college students as they begin their dissertations and theses. One

Course work about ( Waste ) for Ecology Coursework

Course work about ( Waste ) for Ecology - Coursework Example natural capability for various environmental elements which absorb and regulate these gasses, to make the world habitable by the different species existing in various ecosystems. The local issues related to waste in UAE include the lack of capacity by the country to identify, and develop projects that can be able to support carbon reduction progress. The other challenge is securing sufficient financing for these projects once they have been developed since the carbon footprint continues to increase (Ahmad, 2015). The 3 R’s can help in protecting the environment through minimising the waste that goes to the environments by application of the processes involved in those processes. These processes also ensure there is a reduction of the usage of materials which generate waste and ultimately reduce the space used for landfills. Hecht, J. (2006). Global warming stretches subtropical boundaries. Science, 312, 1179. Retrieved from

Xerox Corporation Case Study 03066 Essay Example | Topics and Well Written Essays - 2500 words - 1

Xerox Corporation Case Study 03066 - Essay Example One of the major and unexpected cases was of Xerox Inc., a huge reputed global technology entity. It was reported that the company practiced creative accounting techniques to manipulate its performance during the period from 1997 to 2000. Considering the case, below presented is a critical review of the case via investigating the underlying matter deeply with its circumstances and consequences. The discussion will be an effort of aligning and comparing case evidences with the defined code of conduct in the regard by authorities and authentic literature of the underlying discipline. Being a global entity in document technology business, Xerox inc., is known for quality and innovation in the field (Mui, 2012). Founded in 1906, Xerox is currently working with around 140000 employees, 12000 active patents and reported $19.5 Billion revenue for the year 2014 (Xerox, 2015). The company got entangled in an accounting scandal for the period of 1997-2000 by SEC. At that time, company’s worth was 92,500 employees, 87th rank in Fortune 500 and reported $18.7 billion sales for the year 2000 (Jessup, & Nance, 2011). Known for innovation in document technology, Xerox deals in a variety of products and services related to the digital documentation measures (Xerox, 2014). The portfolio of the company holds mainly ranges of printing devices, scanning machines, communication devices, publishing systems (Jessup, & Nance, 2011) and a wide range of offered outsource services as well (Girod, Alter, Harris and Junglas, 2011). Claiming to be the leader in document technology, Xerox admits the volatile nature of its business due to the association with the ever-changing technology. Girod, Alter, Harris, and Junglas, (2011) suggest that technology businesses work under high pressures of current competitive scenario. Slow paced innovation, technologically outdated products,

Cultural Case Study Essay Example | Topics and Well Written Essays - 1250 words

Cultural Case Study - Essay Example In order to make a more proper cross-cultural analysis of business communication, models developed by Trompenaars and Hofstede are discussed in detail. The former model considers culture as a means of human abilities integration, such as decision making in spite of environmental or external challenges (Trompenaars, 1993). The latter scientist discusses managerial behavior formation in accordance with different norms. My personal experience concerns challenges that occurred during our business relations and negotiations conduct. I work at multinational company headquartered in the UAE as a manager assistant. When our business partners came from UK, their managers in international affairs described our company as a â€Å"culturally-oriented† country (Abbas, 1995). Thus, they had to study a lot about cultural and religious background of the country. Two basic concepts are crucial for our English partners: these are religion and morality. Nevertheless, modern business practices in our country have shifted to the importance of economic independence, political pluralism considerations and other changes. Still, I can claim that in the process of our negotiations with English I could witness more conservative ideas that are more important for them as well. This contextual review of the cross-cultural challenges that my Company came across can be outlined as follows: first, when our partners entered the room for negotiations and negotiations took place, they were focused on our Chief. He sat quietly and then it appeared that this man was our Chief. They impressed me by their tolerant and neutral attitude to what was said during negotiations. Moreover, it was surprising to them that line managers from their Company solved some crucial issues and in our company only senior managers could do that. It was unusual for me, but of course, I was full of respect, because it is our

Political Science Study Review Essay Example | Topics and Well Written Essays - 750 words

Political Science Study Review - Essay Example In this reading, we are looking at three kinds of variables, which are independent variable, dependent variable and intervening variable. Firstly, when we look at independent variable, it can be mentioned as the ethnicity of the people and the culture followed by them. The reason for this is it is on these elements the whole study of research is based on. The ethnicity and culture of the various group of people is determining the flow of the research and is the one which decides about the dependent variable and intervening variable. On the other hand, the dependent variable is the protest or rebellion. Here, it is the ethnicity and culture of people which causes protest of rebellion among various groups of minority and majority in a community. These independent and dependent variables are the cornerstone of the research and bring about a clear picture of the study conducted by the researcher. There is also intervening variable which plays a significant role in conducting the empirical study by the researcher. As per (Nevarez)â€Å"A third variable that is simultaneously independent and dependent.Here the intervening variable can be pointed out as the residential locality. Residential locality in this research study stands between ethnicity and culture of the people and the resultant factor protest or rebellion. Here, just because someone is from a particular ethnicity cannot cause protest or rebellion. Instead, there need to be a localization of different ethnical people in a locality for protest or rebellion to occur. ... The ethnicity and culture of the various group of people is determining the flow of the research and is the one which decides about the dependent variable and intervening variable. On the other hand, the dependent variable is the protest or rebellion. Here, it is the ethnicity and culture of people which causes protest of rebellion among various groups of minority and majority in a community or society. These independent and dependent variables are the cornerstone of the research and bring about a clear picture of the study conducted by the researcher. There is also intervening variable which plays a significant role in conducting the empirical study by the researcher. As per (Nevarez)â€Å"A third variable that is simultaneously independent and dependent .Here the intervening variable can be pointed out as the residential locality. Residential locality in this research study stands between ethnicity and culture of the people and the resultant factor protest or rebellion. Here, just because someone is from a particular ethnicity cannot cause protest or rebellion. Instead, there need to be a localization of different ethnical people in a locality for protest or rebellion to occur .Here we can understand that ethnicity or culture of a particular group reflects on their centralized living locality and this leads to protest and rebellion on them by major ethnical people. Causal mechanism and other factors related to research Here the causal mechanism focus on the credible pathway that connects the ethnicity and culture of a population to protest and violence. The causal mechanism in this reading which relates the independent variable to dependent variable is the religion. In her book (Tienda 5)writes â€Å"Causal inferences becomes

Light and shadow in prayer Dissertation Example | Topics and Well Written Essays - 3750 words

Light and shadow in prayer - Dissertation Example Artists start from developing simple ideas, which in turn improve and become more significant in the world. Association of light and the church is an artistic style that has developed for a long period from 12th and 13th centuries. Since then, the use of light and darkness has developed to a level that is applauded by all church members, priests, believer and artists who engage in development techniques. it is in this view that the paper intents to provide a critical analysis of development of light and darkness in the church, the effect they have brought and the future of the artistic styles in using environment to enhance Godliness in the church. Introduction Architecture is the act of designing and creating buildings. It involves creating a style and a method of how a building is going to be constructed. This paper is going to define what prayer and the understanding what the church is. It will assess the early Christian communities and the origin of church building (Fletcher & Cruickshank, 2004). The paper will examine factors affecting the architectural churches and the origin of architectural church, the reformation and its influence in the church. The paper will look at modernism, a period after reformation and then asses the relationship between Light and shadow. Finally, it will look at the use of light in churches and prayer and light in the architectural churches (Pevsner, 2002). Meaning of Architecture ... The light is of great importance in the interior, also plays an important role in the perception of space. For centuries, religious buildings were created with particular attention to proper lighting the holy place. The natural light should not be forgotten in the architecture, and the words of Le Corbusier "Architecture is a smart, coordinated play of masses in the light," it should be the most important doctrine. Prayer Prayer is defined in so many ways and the various definitions that are given are normally associated with the experiences of those defining them. The first definition that we can talk of is prayer being a communication. Prayer is regarded as a means of communicating with God. Ordinarily, when people are communicating, it takes at least two people to communicate. When people are communicating, there is a message that is being sent to the receiver, the receiver is expected to encode the message and then give a feedback to the sender. When communicating with God, the s ame process is expected to take place. The person communicating with God, sends a message to God where by God is expected to receive the message and give a feedback. The feedback from God is normally regarded as fulfilled expectations of the person who is communicating with Him (Giles, 2004). The diagram below shows a priest and a church member communicating to God together. http://img.tfd.com/wn/30/605C7-prayer.png In connection with communication is the notion that prayer is talking to God. Communication involves talking to someone just like in prayer it is believed that we talk to God and hence a conversation with God. We normally hold a conversation with people who can hear us. In prayer, we therefore recognize the presence of God whom we talk

750 to 800 Word Limit Final Assessment Paper to be done in APA format Essay

750 to 800 Word Limit Final Assessment Paper to be done in APA format - Essay Example Their duties include the safeguarding of the university charter; the implementation of performance evaluations; budget allocation and fundraising; the election or appointment of the university president; and the performance assessment and monitoring of the president. President/Chancellor – The University President generally ensures that the university is run properly and that the university’s standards are maintained and sustained; provides overall leadership to the university and its academic and non-academic departments; acts as the mediator between the board and the university administration; and is responsible for the public image of the university (Puss and Loss, 2009). Provost – Also called the Vice President for Academic Affairs, the provost is in charge of everything that relates to academics and student affairs like performance evaluations of professors and students and student disciplinary measures; ensures that the curriculum of every course is complete; works closely with the president; recommends curriculum changes and additions; and acts as the mediator between the academic community within the university and the administrative bodies (Puss and Loss, 2009; Lombardi, et al., 2002). Executive Vice Presidents/Vice Presidents – The various administrative duties of specific departments rest on the shoulders of the university’s vice presidents. They work in close contact with the provost and the president in order to discuss and resolve issues, like finance. Heads of Colleges – The heads of these various schools and colleges are responsible for ensuring the stability and he smooth running of operations in the specific college he or she is assigned to. These academic heads report to the provost to make recommendations on positive changes, as well as resolve issues within their respective colleges. Academic Deans – Academic

Critical evaluation - John Steinbeck-Of Mice and Men and Robert Ludlum-The Bourne Identity Essay Example for Free

Critical evaluation John Steinbeck-Of Mice and Men and Robert Ludlum-The Bourne Identity Essay Through the history of man; mathematicians, philosophers, teachers, and scientists have molded and shaped our world. These men and women, young and old, are responsible for the continually growing knowledge in todays youth. Upon studying the most influential educators, it was proven that writers and authors sustain every element of the society we live; love, passion, romance, adventure, drama, science fiction, and non-fiction. All of these categories exist for only one purpose, to entertain the minds who absorb the material. Entertaining authors make an exceptional story and none other than Robert Ludlum and John Steinbeck accomplish this feat better. In order to further understand these authors thirst to provide edge-of-the-seat entertainment, their past and present must be explored. Although these authors lived in two diverse locations, their driving desire for knowledge appears the same. Ludlum and Steinbeck attended college after high school, majoring in English. After graduating from Salinas High School in 1919, Steinbeck attended Stanford University from 1920-1925. Two years after Steinbeck left to pursue his writing career in New York, Robert Ludlum was born on May 25, 1927. Ludlum was educated privately and at the Chesire Academy, Connecticut. After appearing is school theatricals, he acted in the comedy Junior Miss on Broadway at the age of sixteen. His degree includes: B.A., Wesleyan University, Middletown, 1951. Having never graduated from Stanford University, Steinbecks life for the most part was low profile even after the publishing of his first books, Cup of Gold (1929), The Pastures of Heaven and To a God Unknown, which were all inadequately acknowledged by the literary world. Tortilla Flat (1935) was the noticeable turning point in Steinbecks literary career receiving the California Commonwealth Clubs Gold Medal for best novel. Steinbeck continued writing, and The Grapes of Wrath (1939) won him the Pulitzer Prize. The Nobel Prize was awarded to John Steinbeck for Literature in 1962 for his realistic as well as imaginative writings, distinguished by a sympathetic humor and a keen social perception. 1 Twenty-nine Academy Award nominations and four Academy Awards were given for revision of John Steinbecks stories. Literature lost one of its most accomplished and distinguished writers on December 20, 1968, in New York City; John Steinbeck died at the age of 66. However, on a more positive note, New York City was also the place where literature bore Robert Ludlum. Ludlum can be described as a modern day author. He is a well-known author writing twenty-one novels and selling over 290 million books in thirty-two different languages. Ludlum started his literary career relatively late because he was working in 1. Mobel Lectures; literature 1901-4967 the theatre as an actor and producer. One of the primary reasons Ludlum is such a suspenseful writer is due to the fact that he was born in an age where movies grabbed the attention of the public eye. In the 1950s, Ludlum worked as a stage and television actor. After producing 300 stage productions for New York and regional theatre, Ludlum wrote his first novel, The Scarlatti Inheritance (1971). Few writers are able to grasp global attention using unbelievable plots that spin into engrossing tales. John Steinbeck and Robert Ludlum are comparable writers. These two authors are very accomplished and their novels reputations speak for themselves. John Steinbecks Of Mice and Men and Robert Ludlums The Bourne Identity are the focus of this evaluation. Their works signify literary techniques that contribute to theme. The central theme in Of Mice and Men written by John Steinbeck: human fates are constantly controlled by outside forces. The techniques he uses for example: repetition and symbolism are extremely successful in getting across his very cynical views on this theme. Similar techniques are used in Robert Ludlums The Bourne Identity. Uniquely writing; many of Ludlums techniques are present in his writing, but the reader is too engrossed in the story to recognize them. However, Ludlum writes meticulously in his story plots. When evaluated, the reader can distinguish that repetition and symbolism are also used as literary techniques that contribute to theme. Steinbeck and Ludlum use the technique of repetition to effectively build up the climax of the tragedy. In Of Mice and Men, Lennie unintentionally killed his mouse when petting it. This situation repeats itself further in the novel when Slim gives Lennie a puppy. When playing with the animal, Lennie gave the puppy a disciplining thump for biting him and he killed it. An incident, such as this, will be the downfall of George and Lennie. Near the end of the novel, Lennie strokes Curleys wifes hair. He holds too tightly and she gets frightened. Lennie was in a panic. 2 Climaxing, he attempts to quiet her, Dont you go yellin, he said, and he shook her, and her body flopped like a fish. And then she was still, for Lennie had broken her neck. 2 The repetition of unintentional death foreshadows a negative outcome for Lennie, his sealed fate. This action brought upon his own murder by George who shot him in the back of the head out of mercy for everything else that was weak and helpless. In this act of violence, George would not be considered a murderer, in fact, quite the opposite. George, instead, would be deemed a savor because he did Lennie a favor. 2. Steinbeck; 91 The Bourne Identity uses repetition in a similar fashion. The central character Jason Bourne faces memory loss, crippling him from discovering his true identity. His instincts and intelligence help guide him. The quote: You are not helpless. You will find your way. 3 is repeated on several occasions, which foreshadows success on Jasons behalf. Jasons rhetorical behavior when faced with stressful and difficult situations ends in same violent manner. Bourne grabbed the Frenchman in front of him now, his left arm around the mans throat, his right hand tearing at the mans left ear. 4 Without thinking, Jason reacts to the situation with poise and precision. Jasons rhetorical skills evoke his memory enough to enable him to think and act on his own to avoid death or capture. Whenever you observe a stress-and you have the time-do your damndest to project into it. Associate as freely as you can; let words and images fill your mind. In them you may find clues. 5 This quote is nearly repeated again, Whenever youre in a stress situation-and theres time, of course-do exactly as you would when you project yourself into one youre observing. Let your mind fall free, let whatever thoughts and images that surface come cleanly. Try not to exercise any mental discipline. Be a sponge; concentrate on everything and nothing. Specifics may come to you, certain repressed conduits electricity prodded into functioning. 6 except there is added tactics, which suggests that Jason is constantly learning. Through repetition Jason persistently advances his skills to obtain his past by varying his appearance, Change your hairyou change your face. 7 Soon after his skills advanced, Jason learned that his real name is David Webb who turns out as a young Far East scholar. Webb received a new identity from the Central intelligence (CIA) as Jason Bourne, a black ops agent. His primary objective was to kill Carlos, another far more advanced assassin, but was betrayed. As the plot twists, the CIA has given Jason quite a few hoops to jump through for his own survival. The climax builds to this particular moment in the novel, when Jason reverses the situation and uses the training the CIA gave him to kill the assassin Carlos. The climax appears to have truth because not only has Jason stopped being on the defensive side of this live or die game, but also his proficient skills have drawn him to his past profession to kill or be killed; fate. The interfering CIA has lost control of Bourne; however he is drawn back to his past line of work, which could result in death, so he ultimately loses. It could be said that Jason Bourne was born to be a professional assassin under anyones control. 3. Ludlum; 39, 43, 83 4. Ludlum; 64 5. Ludlum; 50 6. Ludlum; 82 7. Ludlum; 116, 161 Another technique that demonstrates John Steinbecks view of fate is the symbolism. Near the end of the novel, A watersnake glided smoothly up the pool, twisting its periscope head from side to side, and it swam the length of the pool and came to the legs of a motionless heron that stood in the shallows. A silent head and beak lanced down and plucked it out by the head, and the beak swallowed the little snake while its tail waved frantically. 8 The heron, stationary and patient, symbolizes fate, while the watersnake, vulnerable and unaware, its victim. The watersnake would most likely symbolize George. Not only does the Heron symbolize fate, it also symbolizes Lennie the burden to their dream. Steinbeck illustrates his view on fate once more by word choice. Words like lanced, plucked, and waiting suggest that Steinbeck believes that fate strikes assertively and specifically. Similarly, Robert Ludlum uses symbolism to project the same idea. Symbolism appears not as evident as repetition; however, present nonetheless. The CIA seems to be the entity or government corporation that symbolizes fate. Every element in the novel can be drawn back to something that the CIA has caused. Ludlum and Steinbeck believe fate to be all the same. In Ludlums case, the CIAs intricate plans and organized operations parallel Steinbecks idea that fate acts in the same manner, assertively and specifically. Of Mice and Men and The Bourne Identity are literally written in identical fashions. Steinbeck and Ludlum use character driven dialogue to tell the story. The point-of-views transpose between first person (the main characters) and third person (the narrator). The first person prospective uniquely projects to the reader each of the character thoughts and actions. The first person prospective gives a clear understanding of what exactly will happen, without all of the excess narration. However, the narration does an excellent job in describing the setting among other elements, such as flow between events. The events or chapters are present in both novels. Ludlum uses three books within his novel along with thirty five chapters because The Bourne Identity is far longer than the six chapters Of Mice and Men. This technique is apparent for the sole purpose of changing locations in the story with ease; in The Bourne Identity Jason and his companion travel to different countries, and in Of Mice and Men the only change of location appears within the town and ranch. These two books were written very similarly. Both switched between first and third person depending on what the best way to tell the story was. By changing point of views, Ludlum and Steinbeck were able to develop their themes more thoroughly. The technique of changing perspectives allowed the reader to identify with the main characters, but at the same time, know vital information that would be needed to understand the story. 8. Steinbeck; 99 Robert Ludlum and John Steinbeck are exceptional authors. There novels: The Bourne Identity and Of Mice and Men, respectively, have Robert Lattas praise. Woohoo, right? There are more positive, than negative, statements to be discussed. Particularly, Ludlums story is far more intriguing than Steinbecks. The plot and characters all are attention getters. The idea that a man with no memory has instincts that are above any normal man, and has answers to every question, except his name, is fascinating. The only downfall to Ludlums work appears to be the length of his novel, five hundred some odd pages, that turns out to be a lot of reading time. Steinbecks novel length; however, fits the taste well, only one hundred some pages. The olden story in Steinbecks novel, gets negative feedback because its entire plot stimulated nothing more than closing eye lids. Praising the literary device of repetition, this gave some indication that what was being read over again would prove useful in assembling a critical evaluation essay. The repetition also forces the information into your brain, meaning it holds significance. Moreover, the theme portrayed among these two novels had some relevance with our current lives, which also served another purpose to reading them Overall, the novels ended up balancing one another. A positive recommendation can be made for both these novels because something can be learned. WORKS CITED Lectures, Mobel. The Nobel Prize in Literature 1962. [online] http://www.nobel.se/literature/laureates/1962/press.html Ludlum, Robert. The Bourne Identity. New York: Richard Marek, 1975 Steinbeck, John. Of Mice and Men. New York: Penguin Books, 1978

Analysis of Doctrine of Equity

Analysis of Doctrine of Equity The doctrine of equity was created to fill in the gaps of common law by providing more flexible remedies, unlike common law which only provide damages such as injunction, specific performance, equitable estoppel etc. Equity only governed by the maxims where it is based on the principles of fairness and conscience and are not as strict as common law. Hence, as the doctrine of equity developed and became more and more flexible in the past centuries, it has now been argued by many academics that equity is now too conceptually messy to be useful.ÂÂ   It has been argued that equity is a blend of strict rules and discretionary principles which attributes to English Law with its flexibility. He further explained that equity comprised of firm rules as well as discretionary principles which will be applicable in different circumstances.[1] In deciding this, the flexibility of equity would be discussed, especially in the areas of such as the three certainties, Quistclose trust and doctrine of fiduciaries. In the case of Knight v Knight[2], Lord Langdale MR had laid down the three certainties test to create a valid private express trust. Certainty is an important element in trust as without certainty, the intention, object and subject of the trust could not be determined by the courts which would then lead to an invalid trust. Under certainty of intention, the settlor must use very clear words and expression to impose a legal obligation for the trustee to hold the property on trust. Generally, imperative words are more encouraged to be used in a will as compared to precatory words. In the case of Re Adams[3], the phrase in full confidence was used in the clause and it was held that there was no trust created as there is no imperative words used in the will. However, in Comiskey v Bowring[4], even the same phrase was used as in Re Adams case, but it was held that the wording created a trust. It could be submitted that the courts now no longer only look at a single word to determine whether there is a trust but look at the whole of the will. In more complex situations where there are no documents available, the courts might infer intention from acts or the words of the parties. In Paul v Constance[5], it was held that the words the money is as much yours as it is mine is sufficient to make a valid trust as there was repeated conduct and has a clear intention. It was suggested that the courts are being too generous in the decisions. However, in Jones v Lock[6], it was held that it was insufficient to manifest a clear intention for the father to create a trust for the son. The problem is that both cases were lack of specific intention to create a trust, there were only general intention to benefit. However, both cases were held differently. It could be argued that the actions were louder than the words in Pauls case. Gardner suggested that the difference of both cases was merely the reflection of changing judicial attitudes.[7] Next, under the certainty of subject matter, the test used by the courts would be whether the property could be certainly identified. However, the courts have recently created an artificial distinction between tangible and intangible property. In Re London Wine Co[8], it was held that no two bottles of wine are alike and therefore it could be identified for their customers. However, in Re Goldcorp Exchange Ltd[9], it was held that the claimants whose gold bullion had been segregated were successful in the claim but not those whose bullion had not been segregated. The reasoning was that the stock of the gold has been constantly changing and it was hard to say which particular piece of gold belongs to any particular customer. It could be submitted that the courts were trying to uphold the principle of fairness by having a different decision from Re Londonscase as the tangible property items here could not be segregated properly. On the other hand, in Hunter v Moss[10] where the property is intangible, a different approach was taken by the courts. In the case, it was held in favour of the claimant and stated that the segregation as in tangible property is not necessary where a trust is made over an intangible property. The reasoning for this is that since the shares is indistinguishable from one another, they will be treated as equal. Based on all three cases above, it could be seen that this area is messy as this certainty has not been applied consistently and the judges have too much discretion changing the judicial attitudes. Lastly, the certainty of object matter required that there must be ascertainable beneficiaries in a trust. Re Baden (No.2)[11] had shown that there are different approaches to deal with when there is a class of objects in a discretionary trust. The test used in the case was originated from McPhail v Doulton[12] where the application of a complete list test was impossible and borrowed the is or is not test from Re Gulbenkians Settlements[13] to determine the beneficiaries. However, there are 3 interpretations on the applicability of the test. Firstly, Sachs LJ upheld the literal application of the original test, but reversed the burden of proof on the claimant to proof that he falls within the class of beneficiaries. Sachs LJ further noted that this does not apply to all discretionary trust situations as a lot of trust with uncertainty would be validated. Secondly, Megaw LJ suggested the approach used in Re Allen[14]which was overruled by Re Gulbenkians case where it held that a trust should be valid if a substantial number of people can show that they are in the class. Finally, Stamp LJ suggested a strict approach where he stated that it is necessary for both conceptual and evidential certainty to exist without any unknown of the certainties. Any unknown of the certainties would lead to an invalid trust. It could be submitted that this area would be too messy for the future cases to refer as there are too many different views. The flexibility of equity could also be found in Quistclose trust which created by Lord Wilberforce in Barclays Bank Ltd v Quistclose Investments Ltd[15]. The Quistclose trust arises when a company borrows money with a particular purpose in mind for that money. Lord Wilberforce suggested there are primary trust to pay dividend and secondary trust arose in favour of the lender if primary trust failed. However, this was heavily criticised as it failed to meet the three certainties to be a valid trust. Later, Lord Millet in Twinsectra v Yardley suggested that there is only one resulting trust instead of two trusts while majority of the court held that it was an express trust. In Re EVTR[16], Dillon LJ suggested that it was a constructive trust for the purpose of the loan.Moreover, academics like Alastair Hudson had suggested that the better analysis for this should be an express trust.[17] Furthermore, in Re Farepak Food[18], Mann J held that there was no trust and described this is as a contractual relationship as opposed to trustee-beneficiary.[19] Furthermore, equity also shown its flexibility in fiduciary area. A fiduciary is a person who holds a position of trust and confidence. Fiduciary has the duty to act in the best interest of the principal in a fiduciary relationship. A fiduciary is bound by the no conflict rule where he must make sure that his duties to the principal do not conflict with his own interest and not allowed to make a profit. The leading case would be Boardman v Phibbs[20] which involves trust where it applied the strict rule which originally from cases such as Keech v Sandford[21] and Bray v Ford[22].The decision was a made in majority of the judges while the other two judges gave dissenting judgments. Lord Upjohn in dissenting suggested that the case should be approached in a more equitable angle and should be decided on its own individual facts instead of laying down a strict rule to be followed like the common law courts. However, in Murad v Al-Saraj[23], the majority of courts again decided by following the rules. Arden LJ from the majority suggested that the court should revisit the inflexibility of rule of equity in harsh circumstances. Furthermore, Jonathan Parker LJ from majority also suggested that it is the time for the court to relax the severity of the rule. In minority, Clarke LJ suggested that the fiduciary could argue for a share in profits even though they breached their duty by reasoning with Warman International v Dwyer[24]. In Foster Bryant Surveying v Bryant[25], it was held that the defendant was not required to account his subsequent profit as the facts were different from the traditional cases. It was suggested that this case law would only be followed when there are same facts in the future. Based on the above, equity has been flexible to evolve to suit the needs of the society. Hence, it is tremendously complex as it was built centuries of laws, but the courts are free to generate new principles and to adapt or apply the old ones depending on the situation. As suggested by Alastair Hudson, equity forces us to consider the plight of the individual in this complex world and to save that individual from being caught up in the legal machine or exposed to irremediable suffering.[26] In conclusion, it could be submitted that equity is still useful even though it might be conceptually messy as shown above. However, this would be inevitable as equity has to be flexible but it would be also required to maintain some consistencies across the cases to prevent the law from being vague. (1650 words) Bibliography Books Gardner S, An introduction to the Law of Trusts (3rd edn OUP 2011) Hudson A, Equity and Trust, (8th edn, Routledge, Oxon, 2015) Hudson A, Great Debates in Equity and Trusts,(1st edn, Palgrave Macmillan 2014) Electronic Sources Alastair Hudson, The Fundamentals of Quistclose Trusts, http://www.alastairhudson.com/trustslaw/Quistclose.pdf accessed on 13rd February 2017 Table of Cases Barclays Bank Ltd v Quistclose Investments Ltd [1970] AC 567 Boardman v Phibbs [1967] 2 AC 46 Bray v Ford [1896] A.C. 44 Comiskey v Bowring-Hanbury [1905] A.C. 84 Foster Bryant Surveying Ltd v Bryant [2007] EWCA Civ 200 Hunter v Moss [1993] 1 WLR 934 Jones v Lock [1865] 1 Ch App 25 Keech v Sandford [1726] Sel. Cas.Ch.61 Knight v Knight [1840] 3 Beav 148 McPhail v Doulton [1971] AC 424 Murad v Al-Saraj [2005] EWCA Civ 959 Paul v Constance [1977] 1 All ER 195 Re Adams Kensington Vestry [1884] LR 27 ChD 394 Re Allen [1953] 1 All ER 308 Re Badens Trusts (No.2) [1973] Ch 9 Re EVTR [1987] BCLC 646 Re Farepak Food and Gifts Ltd (In Administration) [2008] BCC 22 Re Farepak Food and Gifts Ltd (In Administration) [2008] BCC 22, 34 Re Goldcorp Exchange Ltd (In Receivership) [1994] 3 WLR 199 Re Gulbenkians Settlements Trusts [1968] UKHL 5 Re London Wine Co (Shippers) Ltd [1986] PCC 121 Warman International v Dwyer [1994-5] 182 CLR 544 [1] Alastair Hudson, Great Debates in Equity and Trusts,(1st edn, Palgrave Macmillan 2014) [2] Knight v Knight [1840] 3 Beav 148 [3] Re Adams Kensington Vestry [1884] LR 27 ChD 394 [4] Comiskey v Bowring-Hanbury [1905] A.C. 84 [5] Paul v Constance [1977] 1 All ER 195 [6] Jones v Lock [1865] 1 Ch App 25 [7] Simon Gardner, An introduction to the Law of Trusts (3rd edn OUP 2011) 52-3 [8] Re London Wine Co (Shippers) Ltd [1986] PCC 121 [9] Re Goldcorp Exchange Ltd (In Receivership) [1994] 3 WLR 199 [10] Hunter v Moss [1993] 1 WLR 934 [11] Re Badens Trusts (No.2) [1973] Ch 9 [12] McPhail v Doulton [1971] AC 424 [13] Re Gulbenkians Settlements Trusts [1968] UKHL 5 [14] Re Allen [1953] 1 All ER 308 [15] Barclays Bank Ltd v Quistclose Investments Ltd [1970] AC 567 [16] Re EVTR [1987] BCLC 646 [17] http://www.alastairhudson.com/trustslaw/Quistclose.pdf, The Fundamentals of Quistclose Trusts, accessed on 13rd February 2017 [18] Re Farepak Food and Gifts Ltd (In Administration) [2008] BCC 22 [19] Re Farepak Food and Gifts Ltd (In Administration) [2008] BCC 22, 34 [20] Boardman v Phibbs [1967] 2 AC 46 [21] Keech v Sandford [1726] Sel. Cas.Ch.61 [22] Bray v Ford [1896] A.C. 44 [23] Murad v Al-Saraj [2005] EWCA Civ 959 [24] Warman International v Dwyer [1994-5] 182 CLR 544 [25] Foster Bryant Surveying Ltd v Bryant [2007] EWCA Civ 200 [26] Alastair Hudson, Equity and Trust, (8th edn, Routledge, Oxon, 2015)

The Beginnings of Coca Cola in America

The Beginnings of Coca Cola in America The Coca Cola drink was originally created in Atlanta, USA in 1886 by John Pemberton, the pharmacist and owner of Jacobs Pharmacy. Originally sold in the pharmacy from the soda fountain for 5 cents a glass, and in year one sales were only 9 glasses a day as compared to 23.7 billion unit cases worldwide in 2008. Only after John Pembertons death, Coca Cola started its growth. Taken over in 1888 by Asa Griggs Candler, an Atlanta businessman, who transformed Coca Cola from an invention into a business and secured the rights. He became the companys first president, and through advertising and promotion he introduced the drink to the rest of the United States. By 1895 there were three syrup plants: in Chicago, Dallas and Los Angeles. Through innovation of a bottle, Coca Cola changed its way of serving the drink from a soda fountain to bottled drink, and in 1916 the contour bottle has been developed and till this day it is the signature shape of Coca Cola. By 1923 Robert Woodruff has become the new president, and for over 60 years worked hard to introduce Coca Cola to the rest of the world. 2.2 Coca Cola going global By 1895 Coca Cola had managed to expand all over the United States and its Territories. Soon after, the company started to set first steps outside its home country. In 1905 Coca Cola was first bottled in Cuba, Canada and Panama, and the expansion continued rapidly. After World War I the company set up two bottling plants in France, from which they served the European market. By the 1940s Coca Cola was operating in 44 markets outside the United States and even during the Second World War it continues to expand, as it promise that every man in uniform gets a bottle of Coca Cola for five cents, wherever he is and whatever it costs. As a result Coca Cola spreads its operations to every place where American soldiers were based. Peter Dicken says in his book Global Shift that companies need to feature three characteristics that make them a Transnational Cooperation: its ability to coordinate and control various processes and transaction within transnational production networks, both within and between different countries; its potential ability to take advantage of geographical differences in the distribution of factors of production networks (for example, natural resources, capital, labour) and in state policies (for example, taxes, trade barriers, subsidies, etc.) its potential geographical flexibility, an ability to switch and re-switch its resources and operations between locations at an international or even a global scale. Comparing Coca Cola at the end of World War II with these features, it is certain, that the company does not cover them completely, but it can be said that Coca Cola has already been on the way to match these characteristics, at a time, when the terms of Transnational Cooperation and Globalization had not been used at all. To understand how Coca Cola managed to expand in such a quickly way the organizational structure developments is going to be examined before the companies development towards a TNC is going to be analysed in chapter 3. 2.3 The Coca Cola system A really important step for the Coca Cola Company in their development to a multinational company was the establishment of the first bottling franchise system in 1899, which has contributed significantly to the companys overall success over the past century. Benjamin F. Thomas and Joseph B. Whitehead signed the first bottling agreement with Asa Candler, president of Coca Cola Company, which gave them exclusive national rights to bottle Coca Cola across most of the United States for the sum of one dollar. By 1916, more than 1,000 Coca Cola bottling plants were operating in the United States, most of them small family-run organizations. In the 1920s and 1930s bottling operations were established outside the United States, in approximately 44 countries worldwide. Ernest Woodruff, the CEO, was responsible for this international expansion of the todays worlds largest beverage company Coca Cola. During World War II, 64 bottling plants were opened around the world to supply the troops and t he international expansion of Coca Colas bottling system gained strength. Because of the permanently enlarging bottling system and accelerating growth of the companys worldwide business, in the 1970s and 1980s a strong bottler consolidation was necessary to reduce the number of independent franchise ownerships. With the consolidation of the many small and medium size bottler, the company gained more control over the bottling network. Today there are more than 300 bottling partners worldwide ranging from international and publicity-traded businesses with independent share-owner structures to small, family owned operations. In general, the Coca Cola Company owns the brands, is responsible for consumer brand marketing initiatives and produces concentrates, beverage and syrups, which are sold to various authorized bottling operations throughout the world. The bottling partners, who hold territorially exclusive contracts with the company, are responsible for manufacturing, packaging, merchandising and distributing the final branded beverages to customers, like grocery stores, restaurants, street vendors, convenience stores, movie theatres and many others around the world, who sell the product to consumers. This business system, consisting of the Coca Cola Company and its 300 bottling partners worldwide, is known as the Coca Cola System or just The System. While the Coca Cola system is not a single entity from a legal or managerial perspective, the sustainable growth of the system as a whole depends on the collaboration, support and shared values and goals of the company and its bottling partners. This unique source of strength of the closely and collaborative relationship between the company and its bottling partners, allows the beverage company to conduct business on a worldwide scale while still maintaining a local approach. The four most important bottling partners, which make up the worlds largest and most powerful and extensive beverage distribution network, provided the company several benefits including increased geographical reach, increased scale of operations, more coordination of the distribution system and centralized negotiations. Finally this system is a century-old alliance and a key strength of the Coca Cola Company. 2.4 Growth strategies The recent years and the changing global economic conditions brought about new challenges and opportunities for the Coca Cola Company. In order to maintain its market share and keep ahead of innovation the beverage company developed a multi-faceted domestic and global innovation strategy. This growth strategy focuses on strong organic growth supported by product innovation, geographic expansion, particularly in developing and emerging economies, strategic alliances and acquisitions and joint ventures. This strategy, focusing on organic growth and expansion, was very important for the development to a multinational company and plays also until the present day and the future an essential role. The key of the success of the worlds largest soft drink producer is to reach and meet its long-term targets by growing its existing business. Nevertheless, the company will grow organically as well as through targeted acquisitions, which have to be done in a disciplined manner. Coca Cola made already acquisitions around the world in the last years and will seek more acquisition opportunities in the fast growing soft drink market to expand its revenue sources and its portfolio. This results from recent acquisitions, where Coca Cola has benefited from. These helped boost the companys sales at a time, where traditional carbonated soft drinks experienced sluggish sales. Finally acquisitions strengthened Coca Colas international operations and gave it an opportunity to grow through new product launch or to increase the capacity to penetrate existing international markets and to diversify its revenue stream. Another important aspect in an increasingly complex and evolving environment to accelerate sustainable growth for the Coca Cola Company were and still are Joint Ventures and Partnerships. Coca Cola has joined forces with a number of well established businesses such as Nestlà ©, PG, Illycaffà © to further its diversification efforts. These joint ventures allowed Coca Cola to enter related businesses or new geographic markets, that would be inaccessible without the partner, and to develop new markets of iced tea, coffee and fruit juices. Furthermore it provided the opportunity to gain new technological skills and knowledge, to gain new capacity and expertise, to access greater resources and to share risks with the venture partner. Therefore international joint ventures were extremely advantageous for Coca Cola. 3. Globalization Process of Coca Cola 3.1 Entering new difficult markets: The Coca Cola Company in China and Russia 3.2 Coca Cola: thinking global, acting local Before to analyse Coca Colas adapting to local demands and needs, the term Glocalization and its importance within the process of Globalization are going to be discussed. 3.2.1 Globalization vs. Glocalization Globalization is one of the most important phenomena of the recent past and of the future. The term Globalization describes an ongoing process by which regional economies, societies and cultures are becoming more integrated through a dramatically increased global network of technological, economic, political and cultural exchanges. In specifically economic contexts, the term refers to the integration of national economies into the international economy through trade, particularly trade liberalization or free trade, foreign direct investment, capital flows, migration and the spread of technology. This worldwide phenomenon of interaction among the countries is driven largely by advances in communication, transportation and legal infrastructure as well as the political choice of countries to open cross-border links in international trade and finance. Due to many difficulties that a globalization strategy faces another term has developed in recent years called Glocalization. In contrast to globalization, the glocalization strategy, which means thinking globally but acting locally, is a more modern and different approach. The term Glocalization, which had become a buzzword in business world in 2000, describes a historical process whereby the local is integrated into the global. This means that localities develop economic and cultural relationships to the global system through information technologies, bypassing and subverting traditional power hierarchies like national governments and markets including cultures clash with newly introduced cultural concepts, ideologies and practices. So put simply, globalization is a move toward centralization, while glocalization is a move toward decentralization. In this section the concept of glocalization is elaborated. In this context it will be explained why glocalization is important for multinational companies in general and especially for Coca Cola. Furthermore this section describes which advantages and disadvantages glocalization comprises and how the concept of glocalization is applied by Coca Cola in China. 3.2.2 Definition of Glocalization Glocalization is a combination of the words globalization and localization and emphasise the idea that a product or service is developed and distributed globally is more likely to succeed if it is adapted to the specific requirements of local practices, legislation, fiscal regime, socio-political system, cultural expectations, local laws, customs and consumer preferences. Today it is possible to understand by glocalization the intelligent adoption of concepts and ideas to the local and regional needs, instead of having exactly the same products and solutions everywhere. The concept of global localization explains the interactions between global and local dimensions in any strategy like political governance strategies, business marketing strategies, media and communication strategies and so on. Glocalization also explains the failure of some strong strategies, as they dont consider the effect of cultural diversity and strength of local dimensions. It is more considered as creation or distribution of products or services intended for a global or trans-regional market, but customized to suit local laws or culture. 3.2.3 Multinational Companies and Glocalization, Example: Coca Cola The increasing globalization process has altered the international competitive dynamics in the various industries. The recent changes in the global marketplace call for fundamentally different vision and strategic thinking inside all types of companies. The strategy of glocalization is becoming more and more important in all types of businesses in recent years and seems to have received wide acceptance. Especially in the food and agribusiness industry the concept of glocalization is particularly important, because of the seamless challenges this industry faces due to the typical differences that exist in the food and drinking habits of people belonging to various regions, religions and cultures across the globe. Therefore the modifications of the glocalization strategy help consumers in the host country relate with the character in a much better and effective way. In todays highly competitive business life a number of multinational companies currently apply glocalization strategies in an effort to build their customer bases and grow revenues. If multinational companies decide to expand their operations to a new country, they have to make a choice between following uniform business strategies as in their home country or modify their strategies to suit the host country socio-economic and political environment. Because most of the time a company, which is doing extremely well in the global market or their home market, can fail completely in their local market or vice versa due to the problem of not being able to adapt to the local conditions, which is one of the highest priorities for successful global companies. In order to operate successfully in their host countries, multinational companies must adopt glocal strategies in marketing, product development, advertisement etc. Therefore the companies try to be both local and global, big and small, centralized and decentralized, stable and dynamic. The main objective of these companies is to simultaneously offer standardized mass manufacturing, customized mass manufacturing and individually designed goods and services. To tackle this growing dilemma and for corporation success it is essential to maintain an appropriate balance between global homogenization and local customization. Also the successful global brand like Coca Cola, which has had a global campaign, adopted a glocal strategy. The worlds largest beverage company is the best example one could cite for a multinational company practising glocalization. The soft drink company stands for global brand, global taste, global communication differentiated with local language. In the 1990s the worldwide business development was changing and the world was demanding a greater flexibility, local responsiveness and local sensitivity and a desire for local autonomy and preservation of unique cultural identity appeared. Coca Cola recognized that speed, transparency, local sensitivity and responsibility had become essential to their success. Simultaneously the worlds largest soft drink company realised that a single global strategy and a single global campaign wont work in different countries with different cultures in the long term. Therefore it has realised that it is important that they act according to relevant local needs, local tastes and preferences, local laws, local cultures to support global brand strategies. As a result they developed a strategy, allowing differences in packaging, distribution and media for a specific region or country according to its cultural, regional and national uniqueness and which fits within fundamental values, policies and standards of integrity and quality of the company. Coca Cola showed that it is crucial for worldwide business activities to succeed in any foreign country, to understand and respect local culture, history, differences, to adapt to consumer needs, habits and diet, as well as local conditions, characteristics and circumstances of the market. The best example for Coca Colas glocal strategy is China. China was always one of the biggest opportunities of all emerging markets with a huge potential for the Coca Cola Company. When Coca Cola first entered the Chinese market, it faced unusual problems and success did not occur in the beginning. The reason for that was that Chinese people had a historical preference for health-oriented beverages such as green tea and juices and the product was misunderstood by the people. Because of these different tastes and preferences, the Coca Cola Company adopted a glocal strategy. This customer-based strategy was very effective for Coca Cola, because if their brand was not instantly recognizable in a variety of setting or they would have no congruence with local needs it may result in a loss of their brands global image or they could fail to attract potential customers. Coca Cola has overcome this problem in China by creating a glocal strategy, which enabled them to combine the best of global and local marketing to maintain their brand image. This step established a strong sense of cultural congruence with a strong focus on social responsibility. For Coca Cola this was a really important step, because also brinking habits vary significantly across cultures and countries like in the food industry. Therefore the Coca Cola Company has to be particularly sensitive to various cultural and religious issues because challenges faced in this industry due to the cultural differences are more critical and complex as compared to the other industries. This effective long-term business strategy of glocalizing allowed most decisions regarding developing new drinks and approving local initiatives to be determined by local subsidiaries or distributors and to establish nationwide operations, which generated a strong market presence. Coca Cola developed with this strategy a world, where local areas benefit from global resources while they are retaining their own cultural identities. In the meanwhile China is not the only country for which it has adopted a glocal strategy. Over the last decade it has taken up this approach around the world, but especially for the Asian countries, because of their diversity of cultures, which does not provide a unified consumer base. This section explained that glocalization explores both the effective expansion of transnational companies into new markets and the ability of cultures to exert their own identity in their interplay with the global scenario. It also showed that going global might not take much effort, but going glocal means a lot of responsibility. Therefore it is important to consider glocalization in expansion plans or when a company decides to launch in different locations, because it plays an important role if a company operates successfully or not. Summarized, it is possible to understand by glocalization a global decision, which has local impact and, at the same time, it can be a local event with global effect. So, it can be said that glocalization represents the need for multinationals to be global and local at the same time. 3.2.4 A glocal strategy: Coca Cola wants to by Huiyuan It has been shown that Coca Cola always tried and tries to adapt to any changes in the consumers habits and demands. Therefore it changed its range of products, either by the invention of new product lines or through acquisition of other beverage brands and companies. The consumers preferences and demands of beverages in the Chinese market experienced a significant change in recent years. Whereas the demand of carbonated drinks stagnated, the demand of non-carbonated drinks such as teas and especially juices increased dramatically. Therefore Coca Cola introduced a couple of new drinks of these sorts. In 2008, however, Coca Cola decided to strengthen its position in the Chinese beverage market through the acquisition of the Huiyuan Group, the biggest producer and distributor of juices in China with a market share of nearly 50%. The company had been extraordinary interesting for Coca Cola, as it is not only well known and has a strong position in the Chinese market but also because of its very strong bases of raw materials and a good production and distribution infrastructure all over the country. Coca Cola expected to strengthen its position in the Chinese and also in the international beverage market through this acquisition and therefore was will ing to buy Huiyuan Group at an extraordinary high price. In fact, Coca Cola offered to buy the company at a price nearly three times higher than its actual stock market value at the time. Furthermore Coca Cola was willing to put Zhi Xiuli, the chairman and a big shareholder of Huiyuan at the top of the merged company and thereby increasing its Guanxi and secure its position in Chinese business. By the end of 2008, the deal seemed to be home and dry, as all shareholders of Huiyuan Group to sell their shares. Therefore, Coca Cola only needed to the allowance of the Chinese authorities to take over the juice manufacturer. But the Chinese government imposed the Anti-Monopoly-Law in August 2008 which made all acquisitions of Chinese companies by multinational corporations subject to stringent checks, as the government saw it as a risk to the national economic security. After a couple of month of investigations and negotiations the Chinese government finally rejected Coca Cola to take over Huiyuan, as it suspected Coca Cola to reach a market controlling position, which would harm the Chinese economy. Critics accused the Chinese authorities to block this merger due to national sentiments and therefore act not in accordance with the rules of the World Trade Organisation, whose member China is since 2001. Both companies, Coca Cola and Huiyuan, however accepted the Governments decision and did not try to act against it. This shows that in the politically controlled Chinese market it is still important to always try to collaborate with the authorities and never try to act against them, for example by going to court what would probably had happened in most other country, if the company had been confronted with such a decision. It also showed that the Chinese government, because of the size, potential and attractiveness of its economy has a lot of power and does not risk big conflict internationally by acting this way. 3.2.5 Advantages and Disadvantages of Glocalization In this section the advantages as well as disadvantages of glocalization will be identified and described. First of all glocalization makes sense when a firm faces high pressure for local responsiveness and where there are significant opportunities for leveraging valuable skills within a multinationals global network of operations. Through glocalization international products are adapted to the local taste of the population and thereby local communities are introduced to different aspects of foreign cultures. This helps multinational companies to grow and gain trust of the people of particular regions. So, glocalization helps in connecting with the consumers of that region on an emotional level and also leverage its global position. This is the most important aspect that leads to success of the company. Another positive aspect of glocalization is that multinational companies bring in foreign revenue and offer employment opportunities for locals. Disadvantages of this strategy can be that companies are unable to realize location economies or failure to transfer core competencies to foreign markets. Another disadvantage is that it is really difficult to implement a glocal strategy due to organizational problems. This means that glocalization doesnt always benefit multinational companies because individuals and groups in each region or country can choose to accept or reject the products offerings or the companys presence. 3.3 Developing a global trade mark 3.4 Coca Cola using natural resources An important question that Coca Cola faces every day, regards natural resources and the environment, especially water and its usage. Water is an essential ingredient for the beverage business. In 2005, Coca Cola used 290 billion litres of water in its plants to manufacture its products, 40% of it was used to make drinks and 60% was consumed in the supply chain and for the production of sugar and corn. 3.4.1 Handle resources sustainably Coca Colas efforts to reduce and to improve the efficiency of its water consumption have increased since the 2000s. Indeed there have been lots of global initiatives that Coca Cola has undertaken to hit this mark. With regard to that, Coca Colas chairman and CEO said that Coca Colas purpose is to return every drop of water that the company consumes, by recycling water used for production processes. Moreover the company supports initiatives of water supply in developing countries and to protect the environment through local projects. Coca Cola was blamed, in less developed countries, of draining the underground water and of discharging improperly treated industrial wastewater. The most difficult situation is in India, in the Kerala district, where the company was accused to extract 15 millions litres of groundwater everyday, without any expense. Another important complaint against Coca Cola India is that its bottle washing plants used chemicals in their processes, and produced effluents that, according with local residents, were discharging before any kind of treatment. Moreover, some reports estimated that, in 2004, Coca Cola India used 283 billions litres of water, which corresponded to the worlds usage of water for about ten days, and that Coca Cola utilized 2.7 litres of water for each bottle of its drink and 1.7 litres of them were released as effluent. In the year 2002, the company undertook its water sustainability projects to supply communities of developing countries, which lived in zones near its bottling factories, with potable water. Especially for India, the company, in June 2002, was participating in many rainwater harvesting initiatives, with the help of many non-governmental organizations, central authorities, state groundwater committees and welfare associations. Additionally, in 2004, Coca Cola undertook the global water initiative, with which it not only had the goal of the containment of its water use, but also the purpose of finding and developing some sustainable solutions to water resources management. Coca Cola tested 840 areas around the world to understand the problem of global water shortage, since this resource is its most important ingredient and the company wants to sustain this resource to be able to continue its business. Coca Cola aspired to improve its usage of water in its production processes in association with local governments, authorities and communities in many developing countries. With regard to Africa, Coca Cola established an association with the US Agency for International Developments (USAID) and they started, in 2007, 9 water initiatives with an investment of US$ 7 millions. The projects aim was the enhancement of the quality of water and a basic supply of fresh water and sanitation to communities without these basic services, for example in Kenya, Tanzania, Angola and Uganda. In Europe, Coca Cola cooperated with the United Nations Development Programs (UNDP) and thereby invested US$ 7 million into a project to improve water supply in the less developed areas of Croatia, Kazakhstan, Romania and Turkey. In China the company undertook a rainwater harvesting initiative, with the association of Soong Ching Ling, to provide and improve a healthy access to potable water for about 3000 inhabi tant. Furthermore it supported the development of 27 equipments for harvesting rainwater and water storage in five small towns. In India, Coca Cola together with the government built about 300 rainwater gathering systems to improve the water storage. Finally, In Mexico Coca Cola took initiative to improve re-use and water supply facilities for its own usage. Furthermore it supported reforestation programs and the restoration of 25,000 hectares of forest. 3.4.2 Strategies for sustainable usage of water resources In 2007, Coca Cola undertook a water stewardship strategy that is composed by four key points: plant performance, watershed protection, community water initiatives and global awareness action. About the plant performance, Coca Cola has tried to increase the efficiency of its plants with regard to water consumption, creating an interactive water resource management toolkit to help bottling companies to enhance their efficiency in the use of water. In fact, in 6 years from 2002 to 2007, the companys system had improved its water usage efficiency by 21%. But its water consumption had gone up by 4%, in 2007, because it had launched new products such as tea and coffee. The second area of the strategy is the watershed protection; Coca Cola, with the association of governments, NGOs and many communities, works to educate developing countries and its bottling factories about the importance of maintaining watershed. This programme involved also some investments to promote water conservation in seven river systems in China, Southeast Asia, Eastern Europe and East Africa. The community water initiatives involved partnerships with 70 communities in about 40 nations. These partnerships aimed sanitation, hygiene, watershed protection, water providing, efficient water usage and education and awareness. Additionally, Coca Cola participated in some projects with regard to reforestation, efficient usage of water in agriculture and rainwater gathering, especially in India. Finally, the last core area of the strategy is the global awareness action, with which Coca Cola developed a programme which had the purpose to provide healthy and potable water to schools in developing countries. This project involved the education of students, in many schools, about sanitation and hygiene. 3.4.3 Criticism on Coca Cola and its responses In spite of several initiatives, partnerships and programmes about water consumption efficiency, Coca Cola had to face lots of criticisms for its business. The most important criticisms focused on the reduction of groundwater tables and on the fact that the local communities were without access to potable water due to the company, particularly in India. Further complaints against Coca Cola were about the discharge of wastewater in the agriculture fields close to its blottling companies, the illegal seizure of lands from agricultural laborers and the release of dangerous material and sludge in the contiguous areas in India. The responses of Coca Cola against these criticisms have been constant since the 2000s. First of all, the company launched a website, called www.cokefacts.org, where it has tried to fight the allegations linked to its business. Moreover, Coca Cola defended itself with the publication of reports and the conduction of studies. For example, the Palakkad District Environmental Protection Council and Guidance Society prepared in 2002 a report wherein they concluded that the Coca Cola plants had not had any kind of responsibility for any environmental damage that happened in zones near to them. In response to the compl

Slendertone Analysis Essay -- essays research papers

1. Describe the root causes of Slendertone ¡Ã‚ ¦s French sales revenue losses? ANS: All sales of slendertone were through distributors except of home-market. Since the investments being made in research and production, the company ¡Ã‚ ¦s marketing resources were very limited, they thought it could develop new market for Slendertone more cost-effectively and quickly. However, there were some poorly resourced and inexperienced distributors. In France, the company was concerned about the growing dependence on one distributor. There are 5main basis causes of Slendertone ¡Ã‚ ¦s French sales revenue losses listed below: Æ’ÃÅ"  Ã‚  Ã‚  Ã‚  Ã‚  Increasing competition continued to put pressure on price: from 1993 to the beginning of 1996: drop the retail price to compete the other EMS products. Æ’ÃÅ"  Ã‚  Ã‚  Ã‚  Ã‚  Lack of seconday data for the EMS product class, and the distributor reluctant to share sales data with Slendertone.: It ¡Ã‚ ¦s hard to to determine what market share different companies had. Also, lack of data made it difficult to determine the size of the existing market for EMS products in each company. Æ’ÃÅ"  Ã‚  Ã‚  Ã‚  Ã‚  Lost the TV slot: the distributor had lost the television slot for the Gymbody8 to cheaper product. Æ’ÃÅ"  Ã‚  Ã‚  Ã‚  Ã‚  Tacky advertisement: Some advertising featured topless models alongside sensational claims for the products ¡Ã‚ ¦ effectiveness. Æ’ÃÅ"  Ã‚  Ã‚  Ã‚  Ã‚  Distributor: in 1996 Slendertone decided to develop the UK market directly, without any distributor. The decision was made on the basis of the failure to attract good distributor in the past. That  ¡Ã‚ ¥s very clear to know that the problem of distributor. 2. When O ¡Ã‚ ¦Donohue arrived at Slendertone, he thoroughly researched customers reasons for purchasing Slendertone, losing weight or improving appearance. Why did he choose improving appearance as the message for men and women age 20 to 60 years. ANS: Through Mr. O ¡Ã‚ ¦Donohue gathered data on consumer behaviors and motivations relating to those different markets, he built up a clearer picture of the markets for Slendertone and found out its brand positioning, product emphasis, market segmentation, target market. Market Segmentation Positioning Strategy for Each Target Marketing Program for Each Target Originally, Slendertone was defined as  ¡Ã‚ §women betwee... ...an deny that  ¡Ã‚ §the value is equal to price and quality ¡Ã‚ ¨. Besides, Slendertone have large market share in a mature period,with slow growing with profitable products industry. He should maintain price leadership in the EMS market. There are some main ideas will point out Slendertone ¡Ã‚ ¦s brand strategy listed below: „à Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Differentiated image- slendertone as being at the top end of the market, based on its superior quality and powerful brand name. For the reason, Slendertone sould maintain their high quality and high price image to compete those low quality EMS company. „à Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Build a strong brand identification- The profession market playing an important role in the development of slendertone. It needs to get away from the  ¡Ã‚ §gadget ¡Ã‚ ¨ image and lead to profession market. „à Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Control of message marketing information- to avoid a recurrence of what happened in the French market. „à Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Innovation- To invent new product to prenuptials, postnatal and men but not only for women. „à Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Maintaining international operations and Creating a class world brand

Napoleon - an enlightened despot Essay -- essays research papers

  Ã‚  Ã‚  Ã‚  Ã‚  Enlightened despotism is when there is an absolute ruler, in some cases a tyrant, who follows the principles of the Enlightenment through reforms. Permitting religious toleration, allowing freedom of the press and speech, and expanding education are a few main guidelines to being and enlightened despot. Napoleon I is often referred to as one of the greatest enlightened despots. Although, he did not follow the ideas of the enlightenment entirely, he managed his country in a way that he maintained complete authority as well as many of the gains of the French Revolution. Yes, Napoleon did want to do a few things for himself, but he also ruled for the majority in most cases, promote government-funded education, and supported many other enlightened ideas. But, most importantly, Napoleon did what he thought would make his country stronger.   Ã‚  Ã‚  Ã‚  Ã‚  One of Napoleon’s first areas of concern was in the strengthening of the French government. He created a strong centralized government and pretty much got rid of the hundreds of localized law codes that had existed during under the control of the monarchy. He also created an army of government officials. He had the entire country linked under a rational administration. He also was able to get an easy supply of taxes and soldiers under his new and improved French government. Before he could get very far, however, he had to gain public favor and shape the public opinion. To do this he used reforms of propaganda and thus caused people to think that they were getting the better end of the deal, but were actually, subconsciously giving Napoleon their approval for his actions. Among some of the methods he used for propaganda included getting all of the printers and book sellers to swear an oath to Napoleon and all newspapers fell under state control, so Napoleon gained access to almost everything that the citizens of France were able to read. Many of the gains from the French Revolution were kept, such as equality before the law, and careers open to talent. Some anti-revolution actions that Napoleon took included repressing liberty, restoring absolutism, and ending political liberty. He believed that allowing political freedom would end with a state of anarchy. He believed that he could solve these problems by acting in favor of the people’s interests as an enlightened desp... ...ig concepts, such as equality before the law, but he also did what would benefit his country. It is important to understand that since France had just exited a revolution, it was pretty fragile; one big mistake and France might have ended up in another one. Napoleon was not only a child of both the French Revolution and the Enlightenment, he was also a very intelligent person. His cunning and his wits led him to be one of the greatest, if not the greatest enlightened despot of all time. Works Consulted (none). â€Å"The Age of Enlightenment.† 17 Dec. 2004. 18 Dec. 2004. http://en.wikipedia.org/wiki/The_Enlightenment Bergeron, Louis. â€Å"France Under Napoleon: Napoleon as Enlightened Despot.† 13 Dec. 2004. Gay, Peter. The Enlightenment: An Interpretation New York: W. W. Norton & Company, 1996 Kreis, Steven. â€Å"Europe and the Superior Being: Napoleon.† The History Guide: Lectures on Modern European Intellectual History. 13 May. 2004. 6 Dec. 2004. Karl, Kenneth. Cracking the AP European History Exam New York: Princeton Review Publishing, 2004: 118-120 Spielvogal, Jackson J. Western Civilization: Comprehensive volume California: Wadsworth/Thompson Learning, 2000: 517-518, 572-579, 917

Discipline and Punish: a Critical Review Essay

Overview The main ideas of Discipline and Punish can be grouped according to its four parts: torture, punishment, discipline and prison. Torture Foucault begins by contrasting two forms of penalty: the violent and chaotic public torture of Robert-Franà §ois Damiens, who was convicted of attempted regicide in the mid-18th century, and the highly regimented daily schedule for inmates from an early 19th century prison (Mettray). These examples provide a picture of just how profound the changes in western penal systems were after less than a century. Foucault wants the reader to consider what led to these changes. How did western culture shift so radically? He believes that the question of the nature of these changes is best asked by assuming that they weren’t used to create a more humanitarian penal system, nor to more exactly punish or rehabilitate, but as part of a continuing trajectory of subjection. Foucault wants to tie scientific knowledge and technological development to the development of the prison to prove this point. He defines a â€Å"micro-physics† of power, which is constituted by a power that is str ategic and tactical rather than acquired, preserved or possessed. He explains that power and knowledge imply one another, as opposed to the common belief that knowledge exists independently of power relations (knowledge is always contextualized in a framework which makes it intelligible, so the humanizing discourse of psychiatry is an expression of the tactics of oppression).[2] That is, the ground of the game of power isn’t won by ‘liberation’, because liberation already exists as a facet of subjection. â€Å"The man described for us, whom we are invited to free, is already in himself the effect of a subjection much more profound than himself.†[3] The problem for Foucault is in some sense a theoretical modelling which posits a soul, an identity (the use of soul being fortunate since ‘identity’ or ‘name’ would not properly express the method of subjection—e.g., if mere materiality were used as a way of tracking individuals then the method of punishment would not have switched from torture to psychiatry) which allows a whole materiality of prison to develop. In What is an Author? Foucault also deals with notion of identity, and its use as a method of control, regulation, and tracking. He begins by examining public torture and execution. He argues that the public spectacle of torture and execution was a theatrical forum the original intentions of which eventually produced several unintended consequences. Foucault stresses the exactitude with which torture is carried out, and describes an extensive legal framework in which it operates to achieve specific purposes. Foucault describes public torture as ceremony. The intended purposes were: * To make the secret public (according to Foucault the investigation was kept entirely secret even from the accused). The secret of the investigation and the conclusion of the magistrates was justified by the publicity of the torture. * To show the effect of investigation on confession. (According to Foucault torture could occur during the investigation, because partial proofs meant partial guilt. If the torture failed to elicit a confession then the investigation was stopped and innocence assumed. A confession legitimized the investigation and any torture that occurred.) * Reflecting the violence of the original crime onto the convict’s body for all to see, in order for it to be manifested then annulled by reciprocating the violence of the crime on the criminal. * Enacting the revenge upon the convict’s body, which the sovereign seeks for having been injured by the crime. Foucault argues that the law was considered an extension of the sovereign’s body, and so the revenge must take the form of harming the convict’s body. â€Å"It [torture] assured the articulation of the written on the oral, the secret on the public, the procedure of investigation on the operation of the confession; it made it possible to reproduce the crime on the visible body of the criminal; in the same horror, the crime had to be manifested and annulled. It also made the body of the condemned man the place where the vengeance of the sovereign was applied, the anchoring point for a manifestation of power, an opportunity of affirming the dissymmetry of forces.†[4] Foucault looks at public torture as the outcome â€Å"of a certain mechanism of power† that views crime in a military schema. Crime and rebellion are akin to a declaration of war. The sovereign was not concerned with demonstrating the ground for the enforcement of its laws, but of identifying enemies and attacking them, the power of which was renewed by the ritual of investigation and the ceremony of public torture.[5] Some unintended consequences were: * Providing a forum for the convict’s body to become a focus of sympathy and admiration. * Redistributing blame: the executioner rather than the convict becomes the locus of shame. * Creating a site of conflict between the masses and the sovereign at the convict’s body. Foucault notes that public executions often led to riots in support of the prisoner. Frustration for the inefficiency of this economy of power could be directed towards and coalesce around the site of torture and execution. Public torture and execution was a method the sovereign deployed to express his or her power, and it did so through the ritual of investigation and the ceremony of execution—the reality and horror of which was supposed to express the omnipotence of the sovereign but actually revealed that the sovereign’s power depended on the participation of the people. Torture was made public in order to create fear in the people, and to force them to participate in the method of control by agreeing with its verdicts. But problems arose in cases in which the people through their actions disagreed with the sovereign, by heroizing the victim (admiring the courage in facing death) or in moving to physically free the criminal or to redistribute the effects of the strategically deployed power. Thus, he argues, the public execution was ultimately an ineffective use of the body, qualified as non-economical. As well, it was applied non-uniformly and haphazardly. Hence, its political cost was too high. It was the antithesis of the more modern concerns of the state: order and generalization. So it had to be reformed to allow for greater stability of property for the bourgeoisie. Punishment The switch to prison was not immediate. There was a more graded change, though it ran its course rapidly. Prison was preceded by a different form of public spectacle. The theater of public torture gave way to public chain gangs. Punishment became â€Å"gentle†, though not for humanitarian reasons, Foucault suggests. He argues that reformists were unhappy with the unpredictable, unevenly distributed nature of the violence the sovereign would inflict on the convict. The sovereign’s right to punish was so disproportionate that it was ineffective and uncontrolled. Reformists felt the power to punish and judge should become more evenly distributed, the state’s power must be a form of public power. This, according to Foucault, was of more concern to reformists than humanitarian arguments. Out of this movement towards generalized punishment, a thousand â€Å"mini-theatres† of punishment would have been created wherein the convicts’ bodies would have been put on display in a more ubiquitous, controlled, and effective spectacle. Prisoners would have been forced to do work that reflected their crime, thus repaying society for their infractions. This would have allowed the public to see the convicts’ bodies enacting their punishment, and thus to reflect on the crime. But these experiments lasted less than twenty years. Foucault argues that this theory of â€Å"gentle† punishment represented the first step away from the excessive force of the sovereign, and towards more generalized and controlled means of punishment. But he suggests that the shift towards prison that followed was the result of a new â€Å"technology† and ontology for the body being developed in the 18th century, the â€Å"technology† of discipline, and the ontology of â€Å"man as machine.† Discipline The emergence of prison as the form of punishment for every crime grew out of the development of discipline in the 18th and 19th centuries, according to Foucault. He looks at the development of highly refined forms of discipline, of discipline concerned with the smallest and most precise aspects of a person’s body. Discipline, he suggests, developed a new economy and politics for bodies. Modern institutions required that bodies must be individuated according to their tasks, as well as for training, observation, and control. Therefore, he argues, discipline created a whole new form of individuality for bodies, which enabled them to perform their duty within the new forms of economic, political, and military organizations emerging in the modern age and continuing to today. The individuality that discipline constructs (for the bodies it controls) has four characteristics, namely it makes individuality which is: * Cellular—determining the spatial distribution of the bodies * Organic—ensuring that the activities required of the bodies are â€Å"natural† for them * Genetic—controlling the evolution over time of the activities of the bodies * Combinatory—allowing for the combination of the force of many bodies into a single massive force Foucault suggests this individuality can be implemented in systems that are officially egalitarian, but use discipline to construct non-egalitarian power relations: Historically, the process by which the bourgeoisie became in the course of the eighteenth century the politically dominant class was masked by the establishment of an explicit, coded and formally egalitarian juridical framework, made possible by the organization of a parliamentary, representative regime. But the development and generalization of disciplinary mechanisms constituted the other, dark side of these processes. The general juridical form that guaranteed a system of rights that were egalitarian in principle was supported by these tiny, everyday, physical mechanisms, by all those systems of micro-power that are essentially non-egalitarian and asymmetrical that we call the disciplines. (222) Foucault’s argument is that discipline creates â€Å"docile bodies†, ideal for the new economics, politics and warfare of the modern industrial age – bodies that function in factories, ordered military regiments, and school classrooms. But, to construct docile bodies the disciplinary institutions must be able to (a) constantly observe and record the bodies they control and (b) ensure the internalization of the disciplinary individuality within the bodies being controlled. That is, discipline must come about without excessive force through careful observation, and molding of the bodies into the correct form through this observation. This requires a particular form of institution, exemplified, Foucault argues, by Jeremy Bentham’s Panopticon. This architectural model, though it was never adopted by architects according to Bentham’s exact blueprint, becomes an important conceptualization of power relations for prison reformers of the 19th Century, and i ts general principle is a recurring theme in modern prison construction. The Panopticon was the ultimate realization of a modern disciplinary institution. It allowed for constant observation characterized by an â€Å"unequal gaze†; the constant possibility of observation. Perhaps the most important feature of the panopticon was that it was specifically designed so that the prisoner could never be sure whether they were being observed at any moment. The unequal gaze caused the internalization of disciplinary individuality, and the docile body required of its inmates. This means one is less likely to break rules or laws if they believe they are being watched, even if they are not. Thus, prisons, and specifically those that follow the model of the Panopticon, provide the ideal form of modern punishment. Foucault argues that this is why the generalized, â€Å"gentle† punishment of public work gangs gave way to the prison. It was the ideal modernization of punishment, so its eventual dominance was natural. Having laid out the emergence of the prison as the dominant form of punishment, Foucault devotes the rest of the book to examining its precise form and function in our society, laying bare the reasons for its continued use, and questioning the assumed results of its use. Prison In examining the construction of the prison as the central means of criminal punishment, Foucault builds a case for the idea that prison became part of a larger â€Å"carceral system† that has become an all-encompassing sovereign institution in modern society. Prison is one part of a vast network, including schools, military institutions, hospitals, and factories, which build a panoptic society for its members. This system creates â€Å"disciplinary careers†[6] for those locked within its corridors. It is operated under the scientific authority ofmedicine, psychology, and criminology. Moreover, it operates according to principles that ensure that it â€Å"cannot fail to produce delinquents.†[7] Delinquency, indeed, is produced when social petty crime (such as taking wood from the lord’s lands) is no longer tolerated, creating a class of specialized â€Å"delinquents† acting as the police’s proxy in surveillance of society. The structures Foucault chooses to use as his starting positions help highlight his conclusions. In particular, his choice as a perfect prison of the penal institution at Mettray helps personify the carceral system. Within it is included the Prison, the School, the Church, and the work-house (industry) – all of which feature heavily in his argument. The prisons at Neufchatel, Mettray, and Mettray Netherlandswere perfect examples for Foucault, because they, even in their original state, began to show the traits Foucault was searching for. They showed the body of knowledge being developed about the prisoners, the creation of the ‘delinquent’ class, and the disciplinary careers emerging. Criticism Theoretical arguments in favor of rejecting the Foucauldian model of Panopticism may be considered under five general headings: 1) Displacement of the Panoptical ideal by mechanisms of seduction, 2) Redundancy of the Panoptical impulse brought about by the evident durability of the self-surveillance functions which partly constitute the normal, socialized, ‘Western’ subject, 3) Reduction in the number of occasions of any conceivable need for Panoptical surveillance on account of simulation, prediction and action before the fact, 4) Supplementation of the Panopticon by the Synopticon, 5) Failure of Panoptical control to produce reliably docile subjects.[9] The first point concerns Zygmunt Bauman’s argument that the leading principle of social order has moved from Panopticism to seduction. This argument is elaborated in his 1998 essay ‘On postmodern uses of sex’.[10] The second argument concerns surveillance redundance, and it is increasingly relevant in the age of Facebook and online self-disclosure. Is the metaphor of a panopticon appropriate for voluntary surrender of privacy? The third argument for post-Panopticism, concerning action before the fact, is articulated by William Bogard: The figure of the Panopticon is already haunted by a parallel figure of simulation. Surveillance, we are told, is discreet, unobtrusive, camouflaged, unverifiable – all elements of artifice designed into an architectural arrangement of spaces to produce real effects of discipline. Eventually this will lead, by its means of perfection, to the elimination of the Panopticon itself . . . surveillance as its own simulation. Now it is no longer a matter of the speed at which information is gained to defeat an enemy. . . . Now, one can simulate a space of control, project an indefinite number of courses of action, train for each possibility, and react immediately with pre-programmed responses to the actual course of events . . . with simulation, sight and foresight, actual and virtual begin to merge. . . . Increasingly the technological enlargement of the field of perceptual control, the erasure of distance in the speed of electronic information has pushed surveillance beyond the very limits of speed toward the purest forms of anticipation.[11] This kind of anticipation is particularly evident in emergent surveillance technologies such as social network analysis. The ‘Synopticon’ concerns the surveillance of the few by the many.[12] Examples of this kind of surveillance may include the theatre, the Coliseum, and celebrity tabloid reporting. This â€Å"reversal of the Panoptical polarity may have become so marked that it finally deconstructs the Panoptical metaphor altogether†.[9] Finally, the fifth point concerns the self-defeating nature of Panoptical regimes. The failure of surveillance states is illustrated by examples such as â€Å"prison riots, asylum sub-cultures, ego survival in Gulag or concentration camp, [and] retribalization in the Balkans.†[9] In their 2007 article, Dobson and Fisher[13] lay out an alternative model of post-panopticism as they identify three panoptic models. Panopticism I refers to Jeremy Bentham’s original conceptualization of the panopticon, and is it the model of panopticism that Foucault responds to in Discipline and Punish. Panopticism II refers to an Orwellian ‘Big Bro ther’ ideal of surveillance. Panopticism III, the final model of panopticism, refers to the high-technology human tracking systems that are emergent in this 21st century. These geographical information systems (GIS) include technologies such as cellphone GPS, RFIDs (radio-frequency identification tags), and geo-fences. Panopticism III is also distinguished by its costs: Panopticon III is affordable, effective, and available to anyone who wants to use it. Initial purchase prices and monthly service fees are equivalent to cell-phone costs. In less than five years, the cost of continuous surveillance of a single individual has dropped from several hundred thousand dollars per year to less than $500 per year. Surveillance formerly justified solely for national security and high-stakes commerce is readily available to track a spouse, child, parent, employee, neighbor, or stranger.