Tuesday, December 31, 2019
The Quest for Individual Freedom in Liberalism
Liberalism is one of the principal doctrines in Western political philosophy. Its core values are typically expressed in terms of individual freedom and equality. How these two ought to be understood is a matter of dispute so that they are often differently declined in different places or among different groups. Even so, it is typical to associate liberalism with democracy, capitalism, freedom of religion, and human rights. Liberalism is has been mostly defended in England and the United States. Among the authors that most contributed to the development of liberalism, John Locke (1632-1704) and John Stuart Mill (1808-1873). Early Liberalism Political and civic behavior describable as liberal can be found across the history of humanity, but liberalism as a full-fledged doctrine can be traced back to approximately three hundred and fifty years ago, in northern Europe, England, and Holland in particular. It should be remarked, however, that the history of liberalism is entrenched with the one of an earlier cultural movement, namely humanism, which flourished in central Europe, especially in Florence, in the 1300 and 1400s, reaching its apex during Renaissance, in fifteen hundreds. It is indeed in those countries that most delved into the exercise of free trade and exchange of people and ideas that liberalism thrived. The Revolution of 1688 marks, from this perspective, an important date for liberal doctrine, underlined by the success of entrepreneurs such as Lord Shaftesbury and authors such as John Locke, who returned to England after 1688 and resolved to finally publish his masterpiece, An Essay Concerning Human Understanding (1690), wherein he provided also a defense of individual liberties that are key to the liberalist doctrine. Modern Liberalism Despite its recent origins, liberalism has an articulated history testifying of its key role in modern Western society. The two great revolutions, in America (1776) and France (1789) refined some of the key ideas behind liberalism: democracy, equal rights, human rights, the separation between State and religion and freedom of religion, the focus on the individual well-being. The 19th century was a period of intense refinement of the values of liberalism, which had to face the novel economic and social conditions posed by incipient industrial revolution. Not only authors such as John Stuart Mill gave a fundamental contribution to liberalism, bringing to the philosophical attention topics such as freedom of speech, the liberties of women and of slaves; but also the birth of the socialist and communist doctrines, among others under the influence of Karl Marx and the French utopists, forced liberalists to refine their views and bond into more cohesive political groups. In the 20th century, liberalism was restated to adjust to the changing economic situation by authors such as Ludwig von Mises and John Maynard Keynes. The politics and lifestyle diffused by the Unites States throughout the world, then, gave a key impulse to the success of liberal lifestyle, at least in practice if not in principle. In more recent decades, liberalism has been used also to address the pressing issues of the crisis of capitalism and the globalized society. As the 21st century enters into its central phase, liberalism is still a driving doctrine that inspires political leaders and individual citizens. It is the duty of all those who live in a civil society to confront with such a doctrine. Sources: Bourdieu, Pierre.Ã The Essence of Neoliberalism.Ã http://mondediplo.com/1998/12/08bourdieu. Britannica Online Encyclopedia.Ã Liberalism.Ã https://www.britannica.com/topic/liberalism. The Liberty Fund.Ã Online Library. http://oll.libertyfund.org/. Hayek, Friedrich A.Ã Liberalism. Ã http://www.angelfire.com/rebellion/oldwhig4ever/ .Stanford Encyclopedia of Philosophy. Liberalism.Ã https://plato.stanford.edu/entries/liberalism/.
Monday, December 23, 2019
The Classical Theories Of Motivation - 1393 Words
EMPLOYEE MOTIVATION INTRODUCTION Gone are the days when employees were regarded as merely one of the supporting features of organizational success. The term ââ¬ËHuman Resourcesââ¬â¢, used to denote the employees of an organization, reflects the contemporary concept of the employees in an organization as being the drivers of its success. the term resources denotes the consideration of employees as an asset to the company which needs to be efficiently utilized and motivated in order to reap benefits from its efforts. The greater focus on the organizational employees acted as the driver for the development of more humanistic approaches to management as well (Pirson Lawrence, 2009). Motivation is regarded as one of the key functions of management. With the focus shifting to catering to the human element of the employee needs apart from the conventional monetary ones, various motivational theories were developed in this regard. The aim of this paper is to highlight the shortcomings of classical theories of motivation that led to the development of more comprehensive contemporary motivational theories. CLASSICAL THEORIES OF MOTIVATION The three most acknowledged classical theories of motivation are Abraham Maslowââ¬â¢s hierarchy of needs, Herzbergââ¬â¢s two factor theory and Theory of X and Y. Maslowââ¬â¢s Hierarchy of needs claims that in order to motivate employees, five levels of their needs need to be catered to in a priority order. The position of the employee in the organization determinedShow MoreRelatedQuestions On The Industrial Revolution1668 Words à |à 7 Pages RAFAEL Z. I/O PSYCHOLOGY FINAL PAPER 1 More Bang For Your Buck? Pay vs. Motivation Rafael Zavala Fall 2015 RAFAEL Z. I/O PSYCHOLOGY FINAL PAPER 2 Table of Contents Introductionâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦3 Review of Major Theoryâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦..â⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦.4 Review of Chosen studiesâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦.4-7 Rà ©fà ©rencesâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦..8 Authorââ¬â¢s Reflectionâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦9 RAFAEL Z. I/O PSYCHOLOGY FINAL PAPER 3 Ever since the marking of the Industrial Revolution (1760-1840)Read MoreClassical And Human Relations Management Theory1504 Words à |à 7 PagesIntroduction This is a report based on the classical and human relations management theorist. The main objective of the report is to critically evaluate the classical and human relations management theories approaches into todayââ¬â¢s working place and society. To begin with, management theories are a set of ideas, introduced and presented mostly by professors and psychologist, to help direct managers and supervisors plan, manage, control their businesses and workplaces. In other words, management theoristsRead MoreClassical Viewpoint Of Management Essay842 Words à |à 4 Pages In the classical viewpoint of management, great time and effort is put into the scientific method and scientific management. The scientific method is used in order to determine the best way to accomplishing each assigned task. The classic viewpoint also uses the theory that persons need to be scientifically selected and then trained to conduct duties. Encompassed in this viewpoint is the implication that management develop and assign all tasks, and employees are responsible for the completion ofRead MoreCritically Evaluate the Classical and Human Relations Approaches of Management Theory1679 Words à |à 7 PagesCritically evaluate the classical and human relations approaches of management theory. Your essay must clearly define the term ââ¬Å"management theoryâ⬠and include industry examples to illustrate your answers. In order to define the term management theory and to critically evaluate classical and human approaches it is also important to discuss what shaped the thinking of management theory development. In seeking to define management one must also define the word theory. 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IfRead MoreThe Human Relations Management Theory1741 Words à |à 7 PagesManagement Theory Ashley Ager ORG 502-Effective Organizations: Theory and Practice Colorado State University-Global Campus Dr. Victoria Figiel November 30, 2014 The Human Relations Management Theory The Human Relations management theory is more involved in the peopleââ¬â¢s issues due to the interpersonal and organizational relationships while classical theories focused more on the mechanics of the business or organization (Hill, n.d.). The focus of this theory is aroundRead MoreThe Rise of the Factory System during the Industrial Revolution1245 Words à |à 5 Pagestwentieth, with a flourish of management theories ranging from classical theories of management to the Japanese management model. The present day management theory is the outcome of the many interdisciplinary efforts of a wide range of people. The rise of the factory system during the Industrial Revolution in Europe, where mechanization or automation and mass production were the pillars of productivity, was the start of the modern day organization. Management theory was, however, slow to evolve. ThereRead MoreClassical and Neo Classical Theories1300 Words à |à 6 PagesClassical and Neo-Classical Theories of Management Classical management theory There are three well-established theories of classical management: Taylor,s Theory of Scientific Management, Fayolââ¬â¢s Administrative Theory, Weberââ¬â¢s Theory of Bureaucracy. Although these schools, or theories, developed historical sequence, later ideas have not replaced earlier ones. Instead, each new school has tended to complement or coexist with previous ones. Theory recognizing the role that management plays in an
Sunday, December 15, 2019
Customer Fraud and Business Responses Free Essays
A customer is a very important element in the chain of supply as he or she is the end user of goods and services provided at the market place. It is said that a customer is an asset to business owners and should be treated like a king or queen. Every individual is a customer as people are deemed to buy goods and services for daily use. We will write a custom essay sample on Customer Fraud and Business Responses or any similar topic only for you Order Now The buying decisions of customers are very critical and are influenced by a number of factors (Wallace, K. 1999). Once the expectations of customers are not met he or she is turned off hence fails to buy goods or services. As a customer I have experience in various issues that turned me off and opted to buy goods from another place. There are number of small insignificant turnoffs that have ever influenced my buying decisions. First, dirt store is one of the major turnoffs which influenced my buying decision as I could not withstand the bad smell from the store. The store had a lot of dust and its goods were dirty and this influenced my decision to buy from another place. A second turnoff was high prices of commodities as compared to other neighboring store markets. Considering the economic hardships I had to move to a store that offered the same products at relatively lower price. Third, the location of the market place is out of way and this led to change of mind and considered a more accessible market place. Fourth, poor customer service is one main issue that has influenced my buying decisions in the past. Poor customer service in this aspect refers to unfriendly sellers, taking too long to respond to customer needs and being unhelpful. This has been one of the worst experiences that influenced my decision to buy from another place. 2. Describe in your own words the three categories of customer turnoffs. Give five specific examples of each. Satisfaction of customers is one major achievement of an organization or business entity as it results to creation of good trading environment (Keep, B. 2002). There are three main categories of customer turnoffs such as value, systems performance and people. Value of service or goods offered to customer is important because once customers are not satisfied with what is offered they change their buying decisions. For example defect goods, expired products, charging high prices for poor transport services, non-functional machine parts and Inferior goods. Systems performance is another customer turnoff especially when customer expectations are not met in provision of goods or services. The customer always expects to get the best but in certain occasions the centrally happens. For example, medication provided by a qualified doctor which does not result to treatment of the illness, buying of a laptop hence turning out to be non-functional or entering a motel in expectation of good services but its condition turn out to be pathetic. Another example is a busy bank that has a few number of tellers or promotions whereby customers expects more but they get unworthy goods. A third category of customer turn off is People which relates to a situation on how customers are handled within organizations or any other business entity. Examples in this category include failing to address a client well in an organization, failing to greet a customer or client, use of abusive words to clients, defrauding of clients by hiking prices of goods or services and taking too long to respond a customer for any clarification. References Wallace, K. (1999). Why People Donââ¬â¢t Buy Things: Five Proven Steps to Connect with Your Customers and Dramatically Increase Your Sales, Perseus Publishing. Keep, B. (2002). Customer Fraud and Business Responses: Let the Marketer Beware, Quorum Books. How to cite Customer Fraud and Business Responses, Papers
Friday, December 6, 2019
Consumer, Medical Profession and Negligence Essay Sample free essay sample
The altering doctor-patient relationship and commercialisation of modern medical pattern has affected the pattern of medical specialty. On the one manus. there can be unfavourable consequences of intervention and on the other manus the patient suspects negligence as a cause of their agony. There is an increasing tendency of medical judicial proceeding by unsated patients. The Supreme Court has laid down guidelines for the condemnable prosecution of a physician. This has decreased the unneeded torment of physicians. As the medical profession has been brought under the commissariats of the Consumer Protection Act. 1986. the patients have an easy method of judicial proceeding. There should be legal consciousness among the physicians that will assist them in the proper recording of medical direction inside informations. This will assist them in supporting their instance during any allegation of medical carelessness. Introduction The classical construct of a doctor-patient relationship born in the aureate yearss of household doctors has undergone a drastic alteration due to dramatic promotion in medical engineering. handiness of sophisticated imaging systems. high tech electronics. and preponderance of new diseases. With the huge paces in engineering. wellness attention has emerged as a profitable sector pulling investors from varied backgrounds. Like other professionals. the medical work forces are apt to pay amendss for their carelessness under the jurisprudence of civil wrongs. However. the answerability of the physicians under the jurisprudence of professional carelessness has emerged as a problematic issue among the medical fraternity all over the state after the passage of the Consumer Protection Act 1986. which has non merely changed the jurisprudence of medical carelessness. but created an cheap and rapid redress against medical malpractice. The opinion of the Honourable Supreme Court of India in Indian Medical Association vs VP Shantha AIR 1996 SC for the first clip held that medical services ought to be brought under the horizon of Consumer Protection Act since the patient is like a consumer and the discharge of responsibility of the physician is a service. This has given a new dimension to the jurisprudence of medical carelessness and compensation by transforming the jurisprudence from ââ¬Ëa sealed book to a life letterââ¬â¢ and by doing the jurisprudence as ââ¬Ëinheritance of the hapless from patrimony of richââ¬â¢ . The pronouncement of the Apex Court has been greeted with assorted feelings by common people on one side and the medical profession on the other. Problem of Blameworthiness in Medical Profession From twentieth Century onwards. it has been witnessed consciousness among people sing the cardinal rights guaranteed by the fundamental laws in other states and by the Constitution of India has increased. This has brought the medical profession under sustained examination of both the populace and by the tribunals. Health attention professionals have faced legal actions instituted by the patients non merely in India but in other states as good. In the class of pattern of medical specialty. health care professionals. merely like other people in different countries. have to confront mistakes despite prudence and attention. such as incorrect diagnosing and intervention. or by otherwise making something. which is termed as ââ¬Å"wrongâ⬠or ââ¬Å"harmfulâ⬠ââ¬â to their patients. Any sort of incorrect action or misjudgement may ensue in the decease of a patient. This fallibility. inherent in the medical profession like in any other human action ( s ) . is straight related with legal action. In fact. in the medical field. effects are high and serious. Health attention professionals will hold to larn to bear with non merely their proficient know-how. but besides with their moral fallibility in public presentation of their responsibility. It is said: A good individual is non described by a tabular matter of individual actions and picks bereft of context but instead as the Greeks saw it. by their ââ¬Å"self-makingâ⬠or the ability to larn from state of affairss and. in effects to alter themselves for the better. Patients should constantly be informed about the errors in diagnosing or direction ââ¬â that is portion of truth-telling and an issue that is difficult to reason against. To conceal such errors from patients or household is a misdemeanor of trut h-telling in every domain of life. Important Definitions: 1. Who can register a Ailment?A consumer or any recognized consumer association. i. e. . voluntary consumer association registered under the Companies Act. 1956 or any other jurisprudence for the clip being in force. whether the consumer is a member of such association or non. or the cardinal or province authorities. 2. Consumer A consumer is a individual who hires or helps of any services for a consideration that has been paid or promised or partially paid and partially promised or under any system of deferred payment and includes any donee of such services other than the individual hires or helps of the services for consideration paid or promised. or under any system of deferred payment. when such services are availed of with the blessing of the first mentioned individual. This definition is broad plenty to include a patient who simply promises to pay. 3. Ailment A ailment is an allegation in composing made by a Complainant. i. e. . a consumer that he or she has suffered loss or harm as a consequence of any lack of service. 4. Lack of service Deficiency of service means any mistake. imperfectness. shortcoming. or insufficiency in the quality. nature. or mode of public presentation that is required to be maintained by or under any jurisprudence for the clip being in force or has been undertaken to be performed by a individual in pursuit of a contract or otherwise in relation to any service. 5. Where is a ailment filed? A ailment can be filed in1 ) the District Forum if the value of services and compensation claimed is less than 20 lakh rupees. 2 ) before the State Commission. if the value of the goods or services and the compensation claimed does non transcend more than 1 crore rupees. or 3 ) in the National Commission. if the value of the goods or services and the compensation exceeds more than 1 crore rupees. There is a minimum fee for registering a ailment before the territory consumer redressal forums. 6. Provision for entreaty An entreaty against the determination of the District Forum can be filed before the State Commission. An entreaty will so travel from the State Commission to the National Commission and from the National Commission to the Supreme Court. The clip bound within which the entreaty should be filed is 30 yearss from the day of the month of the determination in all instances. Powers of the consumer redressal forums The forums have a assortment of powers. They are1 ) the evocation and enforcing of the attending of any suspect or informant and analyzing the informant under curse. 2 ) the find and production of any papers or other stuff object producible as grounds. 3 ) the response of grounds on affidavits. 4 ) the evocation of any adept grounds or testimony.5 ) the requisitioning of the study of the concerned analysis or trial from the appropriate research lab or from any other relevant beginning. 6 ) issue of any committee for the scrutiny of any informant. and 7 ) any other affair which may be prescribed. Short Title| Full Title| Level of Establishment| No of Members| Type of Members| Jurisdiction in term of cost of goods or services| District forum| Consumer difference redressal forum| District level| 3| ââ¬â District Judge. ââ¬â 1 member of distinction. ââ¬â 1 lady societal worker| Dispute affecting upto Rs. 20 Lacs. | State commission| Consumer disputes redressal commission| State level| 3| ââ¬â High tribunal justice. ââ¬â 1 member of distinction.ââ¬â 1 lady societal worker| Dispute affecting between Rs. 20 Lacs and 1 crore. | Nationalcommission| Consumer differenceredressal commission| National level| 5| ââ¬â Supreme tribunal justice. ââ¬â 3 members of distinction.ââ¬â 1 lady societal Worker| Dispute affectingmore than Rs. 1 crore| Table 1Adjudication of liability takes topographic pointThe procedure before the competent forum will be set in gesture in the undermentioned mode. When the Complainant files a written ailment. the forum. after acknowledging the ailment. sends a written notice to the opposite party inquiring for a written version to be submitted within 30 yearss. Thereafter. subsequent to proper examination. the forum would inquire for either filing of an affidavit or production of grounds in the signifier of interrogations. adept grounds. medical literature. and judicial determinations. Negligence is merely the failure to exert due attention. The three ingredients of carelessness are as follows: 1. The suspect owes a responsibility of attention to the complainant. 2. The suspect has breached this responsibility of attention.3. The complainant has suffered an hurt due to this breach. Medical carelessness is no different. It is merely that in a medical carelessness instance.most frequently. the physician is the suspect. When does a responsibility arise?It is good known that a physician owes a responsibility of attention to his patient. This responsibility can either be a contractual responsibility or a responsibility originating out of civil wrong jurisprudence. In some instances. nevertheless. though a doctor-patient relationship is non established. the tribunals have imposed a responsibility upon the physician. In the words of the Supreme Court ââ¬Å"every physician. at the governmental infirmary or elsewhere. has a professional duty to widen his services with due expertness for protecting lifeâ⬠( Parmanand Kataria vs. Union of India ) . These instances are nevertheless. clearly restricted to state of affairss where there is danger to the life of the individual. Impliedly. therefore. in other fortunes the physician does non owe a responsibility. What is the responsibility owed? The responsibility owed by a physician towards his patient. in the words of the Supreme Court is to ââ¬Å"bring to his undertaking a sensible grade of accomplishment and knowledgeâ⬠and to exert ââ¬Å"a sensible grade of careâ⬠( Laxman vs. Trimback ) . The physician. in other words. does non hold to adhere to the highest or drop to the lowest grade of attention and competency in the visible radiation of the circumstance. A physician. hence. does non hold to guarantee that every patient who comes to him is cured. He has to merely guarantee that he confers a sensible grade of attention and competency. Reasonable grade of attention Reasonable grade of attention and accomplishment means that the grade of attention and competency that an ââ¬Å"ordinary competent member of the profession who professes to hold those accomplishments would exert in the circumstance in inquiry. â⬠At this phase. it may be necessary to observe the differentiation between the criterion of attention and the grade of attention. The criterion of attention is a changeless and remains the same in all instances. It is the demand that the behavior of the physician be sensible and need non needfully conform to the highest grade of attention or the lowest grade of attention possible. The grade of attention is a variable and depends on the circumstance. It is used to mention to what really amounts to reasonableness in a given state of affairs. Thus. though the same criterion of attention is expected from a Renaissance man and a specializer. the grade of attention would be different. In other words. both are expected to take sensible attenti on but what sums to sensible attention with respect to the specializer differs from what sum of sensible attention is standard for the Renaissance man. In fact. the jurisprudence expects the specializer to exert the ordinary accomplishment of this forte and non of any ordinary physician. Though the tribunals have accepted the demand to enforce a higher grade of responsibility on a specializer. they have refused to take down it in the instance of a novitiate. Another inquiry that arises is with respect to the cognition that is expected from a physician. Should it include the latest developments in the field. hence require changeless updating or is it adequate to follow what has been traditionally followed? It has been recognized by the tribunals that what amounts to reasonableness alterations with clip. The criterion. as stated clearly herein before requires that the physician possess sensible cognition. Hence. we can reason that a physician has to constantly update his cognition to run into the criterion expected of him. Furthermore. since merely sensible cognition is required. it may non be necessary for him to be cognizant of all the developments that have taken topographic point. We have. until now. examined the responsibility of a physician in so far as handling a patient is concerned or in naming the complaint. Doctors are. nevertheless. imposed with a responsibility to take the consent of a person/patient before executing Acts of the Apostless like surgical operations and in some instances intervention every bit good. To sum up. any act that requires contact with the patient has to be consented by the patient. A responsibility of attention is imposed on the physicians in taking the patientââ¬â¢s consent. Naturally. a inquiry arises as to what is this responsibility of attention. As per the judicial dictums. this responsibility is to unwrap all such information as would be relevant or necessary for the patient to do a determination. Therefore. the responsibility does non widen to unwraping al l possible information in this respect. Furthermore. this responsibility does non widen to warning a patient of all the normal attendant hazards of an operation. The criterion of attention required of a physician while obtaining consent is once more that of a sensible physician. as in other instances. When does the liability arise? The liability of a physician arises non when the patient has suffered any hurt. but when the hurt has resulted due to the behavior of the physician. which has fallen below that of sensible attention. In other words. the physician is non apt for every hurt suffered by a patient. He is apt for merely those that are a effect of a breach of his responsibility. Hence. one time the being of a responsibility has been established. the complainant must still turn out the breach of responsibility and the causing. In instance there is no breach or the breach did non do the harm. the physician will non be apt. In order to demo the breach of responsibility. the load on the complainant would be to first demo what is considered as sensible under those fortunes and so that the behavior of the physician was below this grade. It must be noted that it is non sufficient to turn out a breach. to simply demo that there exists a organic structure of sentiment which goes against the practice/conduct of the physician. With respect to causing. the tribunal has held that it must be shown that of all the possible grounds for the hurt. the breach of responsibility of the physician was the most likely cause. It is non sufficient to demo that the breach of responsibility is simply one of the likely causes. Hence. if the possible causes of an hurt are the carelessness of a 3rd party. an accident. or a breach of responsibility attention of the physician. so it must be established that the breach of responsibility of attention of the physician was the most likely cause of the hurt to dispatch the load of cogent evidence on the complainant. Normally. the liability arises merely when the complainant is able to dispatch the load on him of turn outing carelessness. However. in some instances like a swab left over the venters of a patient or the leg amputated alternatively of being put in a dramatis personae to handle the break. the rule of ââ¬Ëres ipsa loquiturââ¬â¢ ( intending thereby ââ¬Ëthe thing speaks for itselfââ¬â¢ ) might come into drama. The following are the necessary conditions of this rule. 1. Complete control rests with the physician. 2. It is the general experience of world that the accident in inquiry does non go on without carelessness. This rule is frequently misunderstood as a regulation of grounds. which it is non. It is a rule in the jurisprudence of civil wrongs. When this rule is applied. the load is on the doctor/defendant to explicate how the incident could hold occurred without carelessness. In the absence of any such account. liability of the physician arises. Normally. a physician is held apt for merely his Acts of the Apostless ( other than instances of vicarious liability ) . However. in some instances. a physician can be held apt for the Acts of the Apostless of another individual which injures the patient. The demand for such a liability may originate when the individual perpetrating the act may non owe a responsibility of attention at all to the patient or that in perpetrating the act he has non breached any responsibility. A typical illustration of a instance where such a state of affairs may o riginate is in the instance of a surgery. If a junior physician is involved as portion of the squad. so his responsibility. every bit far as the exercising of the specializer accomplishment is concerned. is to seek the advice or aid of a senior physician. He will hold discharged his responsibility one time he does this and will non be apt even if he really commits the act which causes the hurt. In such a instance. it is the responsibility of the senior physician to hold advised him decently. If he did non make so. so he would be the one responsible for the hurt caused to the patient. though he did non perpetrate the act. When there is no liability A physician is non needfully apt in all instances where a patient has suffered an hurt. This may either be due to the fact that he has a valid defence or that he has non breached the responsibility of attention. Mistake of judgement can either be a mere mistake of judgement or mistake of judgement due to negligence. Merely in the instance of the former. it has been recognized by the tribunals as non being a breach of the responsibility of attention. It can be described as the acknowledgment in jurisprudence of the human fallibility in all domains of life. A mere mistake of judgement occurs when a physician makes a determination that turns out to be incorrect. It is state of affairs in which merely in retrospect can we state there was an mistake. At the clip when the determination was made. it did non look incorrectly. If. nevertheless. due consideration of all the factors was non taken. so it would amount to an mistake of judgement due to carelessness. Judicial Interpretation of Medical Negligence Liability By and big the undermentioned legal issues have been addressed and responded to by different forums and Courts in India. Charge of Medical Negligence against Professional Doctors From the clip of Lord Denning until now it has been held in several judgements that a charge of professional carelessness against the medical professional stood on a different terms from a charge of carelessness against the driver of a motor auto. The load of cogent evidence is correspondingly greater on the individual who alleges carelessness against a physician. It is a known fact that with the best accomplishment in the universe. things sometimes went incorrect in medical intervention or surgical operation. A physician was non to be held negligent merely because something went incorrect. The National Commission every bit good as the Apex Court in catena of determinations has held that the physician is non apt for carelessness because of person else of better accomplishment or cognition would hold prescribed a different intervention or operated in a different manner. He is non guilty of carelessness if he has acted in conformity with the pattern accepted as proper by a sensible org anic structure of medical professionals. The Honââ¬â¢ble Supreme Court in the instance of Dr. Laxman Balkrishna vs. Dr. Trimbak. Air 1969 SC 128. has held the above position that is still considered to be a landmark judgement for make up ones minding a instance of carelessness. In the instance of Indian Medical Association vs. Santha. the Apex Court has decided that the accomplishment of a medical practician differs from physician to physician and it is incumbent upon the Complainant to turn out that a physician was negligent in the line of intervention that resulted in the life of the patient. Therefore. a Judge can happen a physician guilty merely when it is proved that he has fallen short of the criterion of sensible medical attention. The rule of Res-Ipsa-Loquitur has non been by and large followed by the Consumer Courts in India including the National Commission or even by the Apex Court in make up ones minding the instance under this Act. In catena of determinations. it has been held that it is for the Complainant to turn out the carelessness or lack in service by abducing adept grounds or sentiment and this fact is to be proved beyond all sensible uncertainties. Mere allegation of carelessness will be of no aid to the Complainant. What Constitutes Me dical Negligence? Failure of an operation and side effects are non negligence. The term carelessness is defined as the absence or deficiency of attention that a sensible individual should hold taken in the fortunes of the instance. In the allegation of carelessness in a instance of wrist bead. the undermentioned observations were made. Nothing has been mentioned in the ailment or in the evidences of entreaty about the type of attention desired from the physician in which he failed. It is non said anyplace what type of carelessness was done during the class of the operation. Nervousnesss may be cut down at the clip of operation and mere film editing of a nervus does non amount to carelessness. It is non said that it has been intentionally done. To the contrary it is besides non said that the nervousnesss were cut in the operation and it was non cut at the clip of the accident. No adept grounds whatsoever has been produced. Merely the study of the Chief Medical Officer of Haridwar has been produced wherein it said that the patient is a instance of post-traumatic wrist bead. It is non said that it is due to any operation or the carelessness of the physician. The mere allegation will non do out a instance of carelessness. unless it is proved by dependable grounds and is supported by adept grounds. It is true that the operation has been performed. It is besides true that the Complainant has many disbursals but unless the carelessness of the physician is proved. she is non entitled to any compensation. Standard of Care It is now a settled rule of jurisprudence that a medical practician will convey to his undertaking a sensible grade of accomplishment and cognition and must exert a sensible grade of attention. Neither the really highest nor the really lowest grade of attention and competency judged in the visible radiation of fortunes in each instance is what the jurisprudence requires. Judged from this yardstick. post-operative infection or shortening of the leg was non due to any carelessness or lack in service on the portion of the opposite party Appellant. Deficiency in service therefore can non be fastened on the opposite party. In a instance that led to ocular damage as a side consequence. the undermentioned observations were made. The literature with respect to lariago clearly mentioned that the side consequence of this medical specialty if taken for a longer continuance can consequence eyesight but this is non a fact in this instance. Besides. there is no adept grounds on record to demo that usage of this medical specialty caused harm to the patientââ¬â¢s seeing. Even for argumentââ¬â¢s interest. if it is accepted that this medical specialty caused harm to the patientââ¬â¢s seeing. if the Respondent-doctor is one who has advised his patient to utilize this medical specialty after an scrutiny in which he found the patient to be enduring from malaria. in that instance every bit good the doctor-Respondent can non be held guilty of carelessness or deficient in his service. However. as stated above in this instance the medical specialty has been used by the patient in low doses for a few yearss and there is no adept grounds to demo that the usage of medical specialty has affected his seeing. Therefore. th e Complainant-Appellant has failed to turn out that the Respondent was negligent and deficient in his responsibility as a physician. Proof of Medical Negligence It has been held in different judgements by the National Commission and by the Honââ¬â¢ble Supreme Court that a charge of professional carelessness against a physician stood on a different terms from a charge of carelessness against a driver of a vehicle. The load of cogent evidence is correspondingly greater on the individual who alleges carelessness against a physician. It is a known fact that even with a physician with the best accomplishments. things sometimes go incorrect during medical intervention or in a surgery. A physician is non to be held negligent merely because something went incorrect. It is an admitted fact that the Complainantââ¬â¢s seeing was non restored after the operation was conducted by the Appellant but on this land entirely a physician can non be held negligent because even after following all necessary safeguards and care the consequence of the operation may non be satisfactory since it depends on assorted other factors. The contention of the Appellant was that the patient was enduring from diabetes and blood force per unit area and in many such instances eyesight is non restored after the operation nevertheless carefully it is done. In this instance. there is nil on record to demo that something went incorrect due to an act of the Appellant-doctor. There is no grounds to come to the decision that the Appellant fell below the criterion of a reasonably competent practician in their field. so much so that their behavior might be meriting of animadversion. The Appellant can non be apt for carelessness because person else of better accomplishment or cognition would hold prescribed a different method of operation in different manner. The grounds suggests that the Appellant has performed the operation and acted in conformity with the pattern on a regular basis accepted and adopted by him in this infirmary and several patients are on a regular basis treated for their oculus jobs. The Honââ¬â¢ble Supreme Court in the instance of Dr. Laxman Balkrishna vs. Dr. Triambak. Air 1969 Supreme Court page 128 has held the above position and this position has been farther confirmed in the instance of the Indian Medical Association vs. Santha. The Apex Court and the National Commission has held that the accomplishment of a medical practician dif fers from physician to physician and it is an incumbent upon the Complainant to turn out that the Appellant was negligent in the line of intervention that resulted in the loss of seeing. A Judge can happen a physician guilty merely when it is proved that he has fallen short of a criterion of sensible medical attention. The fact and fortunes of the instance before us show that the Appellant has attended to the patient with due attention. accomplishment. and diligence. Simply because the patientââ¬â¢s seeing was non restored satisfactorily. this history entirely is non evidences for keeping the physician guilty of carelessness and deficient in his responsibility. It is settled jurisprudence that it is for the Complainant to turn out the carelessness or lack in service by abducing adept grounds or sentiment and this fact is to be proved beyond all sensible uncertainty. Mere allegation of carelessness will be of no aid to the Complainant. The undermentioned instances of alleged medical carelessness provide an penetration into how the concluding determination is reached by the judicial organic structures. ââ¬Å"All medical carelessness instances concern assorted inqui ries of fact. when we say load of turn outing carelessness lies on the Complainant. it means he has the undertaking of converting the tribunal that his version of the facts is the right oneâ⬠. No adept sentiment has been produced by the Complainant to belie the study of the Board of Doctors. The entreaty of the Complainant was dismissed with costs as ââ¬Å"No adept sentiment has been produced by him. â⬠In a instance of an improper brotherhood of the kneecap. no expert has been produced by the Complainant to turn out carelessness of the opposite party. Therefore. it can non be said with exactitude that intervention of the Complainant by the opposite party was against the norms prescribed under the medical law or that the opposite party in any manner was negligent or deficient in the public presentation of his responsibilities. ââ¬Å"Allegation of medical carelessness is a serious issue and it is for the individual who sets up the instance to turn out carelessness based on stuff on record or by manner of evidenceâ⬠. The ailment of medical carelessness was dismissed because the applier failed to set up and turn out any case of medical carelessness. ââ¬Å"Merely because the operation did non win. the physician can non be said to be negligentâ⬠and the ent reaty of the physician was allowed. ââ¬Å"A mere allegation will non do a instance of carelessness unless it is proved by dependable grounds and is supported by adept evidenceâ⬠and the entreaty was dismissed. ââ¬Å"The committee can non represent itself into an adept organic structure and belie the statement of the physician unless there is something contrary on the record by manner of an adept sentiment or there is any medical treatise on which trust could be basedâ⬠and the Revision request of the physician was allowed. In another instance. an X-ray study indicated a little opacity that similar to an opaque shadow that becomes seeable for many causes other than a concretion. It could non be assumed that still lapidate existed in the right kidney that had non been operated upon. Under the fortunes. we do non believe that any instance of carelessness has been made by the Complainant. This request is. hence. allowed. The Need for Expert Evidence in Medical Negligence Cases The Commission can non represent itself into an adept organic structure and belie the statement of the physician unless there is something contrary on the record by manner of an adept sentiment or there is any medical treatise on which trust could be based. In this instance there was a false allegation of urinary rock non being removed as shown by a shadow in the xray ââ¬Å"The load of turn outing the negligent act or incorrect diagnosing was on the Complainantâ⬠and the entreaty was dismissed in another instance of alleged medical carelessness as no adept grounds was produced. The instance discussed below is non a instance of evident carelessness on the portion of the sawbones in carry oning the operation. but about the quality of the home base used for repairing the bone. In the present instance. the Complainant has non produced any adept informants to turn out that there was any mistake in the public presentation of the operations. Arrested development of the castanetss by u tilizing home bases is one of the recognized manners of intervention in the instance of break of the castanetss. If the opposite party has adopted the aforesaid method. though later the home base broke. carelessness can non be attributed to the physician. This is non a instance where the lesions of the operation were infected or any other complication arose. Breaking of the home base about 6 months after it was placed can non be attributed towards a negligent act of the physician in executing the operation. The District Forum justly held that the Complainant had failed to turn out his instance. There is nil on the record to propose that there has been any carelessness and/or lack in service on the portion of the Appellant except the unwritten entry of the Respondent/Complainant. In such instances. before coming to a positive determination. there must be adept grounds on record as has been held both by the National Commission every bit good as the Apex Court. ââ¬Å"As per the settled jurisprudence. the burden to turn out that there was negligenceâ⬠lack in service on the portion of the opposite parties. while naming and handling the Complainant. lay to a great extent on the Complainant. In the given facts. the Complainant has fai led to dispatch the burden that was on him. The ailment was dismissed as the Complainant failed to dispatch the burden to turn out carelessness or lack in service. In medical carelessness instances. it is for the patient to set up his instance against the medical professional and non for the medical professional to turn out that he acted with sufficient attention and accomplishment. Mention to the determination of the Madhya Pradesh High Court in the instance of Smt. Sudha Gupta and Ors. vs. State of M. P. and Ors. . 1999 ( 2 ) MPLJ 259. The National committee has besides taken the same position detecting that a bad luck during operation can non be said to be lack or carelessness in medical services. Negligence has to be established and can non be presumed. Mention to the determination of the National Commission in the instance of Kanhiya Kumar Singh vs. Park Medicare and Research Centre. III ( 1999 ) CPJ 9 ( NC ) ââ¬â ( 2000 ) NCJ ( NC ) 12. A similar position has been taken by the MRTP Commission in the instance of P. K. Pandeyvs. Sufai Nursing Home. I ( 1999 ) CPJ 65 ( MRTP ) ââ¬â 2000 NCJ ( MRTP ) 268. Followed by this. refer to the Commission in Vaqar Mohammed Khan and Anr. vs. Dr. S. K. Tandon. II ( 2000 ) CPJ 169. Both the lower Fora have held that there is no grounds brought on record by the Complainant to demo that there was any carelessness by the Respondent while engrafting the lens in the oculus of the Complainant resulting in a persistent job in the left oculus. The Complainant does non analyze any expert on the topic to set up his allegation of carelessness on the portion of the physician. Unfortunate though the incident is. the Complainant needs to set up carelessness on the portion of the physician to win in a instance like this. We may detect that there is barely any telling stuff to confirm the allegation contained in the request of Complainant. Under the fortunes. we can non but hold that the Complainant has failed to turn out the allegations against the opposite parties. As held by the National Commission in Sethuraman Subramaniam Iyer vs. Triveni Nursing Home and anr. . 1998 CTJ7. in the absence of such grounds sing the cause of decease and absence of any adept medical grounds. t he Complainants have failed to turn out carelessness on the portion of the opposite parties. In order to make up ones mind whether carelessness is established in any peculiar instance. the alleged act. skip. or class of behavior that is the topic of the ailment must be judged non by ideal criterions nor in the abstract but against the background of the fortunes in which the intervention in inquiry was given. The true trial for set uping carelessness on the portion of a physician is as to whether he has been proven guilty of such failure as no physician with ordinary accomplishments would be guilty of if moving with sensible attention. Merely because a medical process fails. it can non be stated that the medical practician is guilty of carelessness unless it is proved that the medical practician did non move with sufficient attention and accomplishment and the load of turn outing this rests upon the individual who asserts it. The responsibility of a medical practician arises from the fact that he does something to a human being that is likely to do physical harm unless it is non done with proper attention and accomplishment. There is no inquiry of guarantee. project. or profession of a accomplishment. The criterion of attention and accomplishment to fulfill the responsibility in civil wrong is that of the ordinary competent medical practician exerting an ordinary grade of professional accomplishment. As per the jurisprudence. a suspect charged with carelessness can unclutter himself if he shows that he acted in conformity with the general and approved pattern. It is non required in the discharge of his responsibility of attention that he should utilize the highest grade of accomplishment. since this may neer be acquired. Even a divergence from normal professional pattern is non necessary in all instances evident of carelessness. DecisionThe Honââ¬â¢ble Mr. Justice Markendeya Katju has done yeoman service for society by rendering this judgement. On one manus. it sets at remainder the bad nature of our judicial adjudication of medical carelessness liability and on the other. it copiously clarifies that unless there is leading facie grounds bespeaking medical carelessness. notice either to a physician or infirmary can non be issued. At the same clip. the nucleus kernel of the judgement makes it really clear that there can non be an premise that physicians can non be negligent while rendering attention and intervention. I think this timely intercession should be disseminated at a popular degree so that the mandated Supreme Courtââ¬â¢s prescription will be observed more in pattern than in breach. Mentions: [ 2 ] . E. Pincoffs. ââ¬Å"Quandry Ethicsâ⬠. 80 Mind 552-571( 1971 ) .[ 3 ] . E. H. Loewy et Al. Textbook of Health attention Ethical motives.71 ( 2004 ) .[ 4 ] . Ibid.[ 5 ] . Air 1989 Scandium 2039[ 6 ] . Air 1969 SC 128[ 7 ] . Smt. Savitri Singh v. Dr. Ranbir PD. Singh and others. 2004 ; ( 1 ) CPJ 25 ( Bihar ) [ 8 ] . Smt. Vimlesh Dixit v. Dr. R. K. Singhal. 2004 ; ( I ) CPJ 123 ( Uttaranchal ) [ 9 ] . Dr. Kamta Prasad Singh v. Nagina Prasad. 2000 ; ( III ) CPJ 283 ( WB ) [ 10 ] . Ajay Kumar v. Dr. Devendra Nath. 2004 ; ( II ) CPJ 482. [ 11 ] . Dr. Akhil Kumar Jain v. Lallan Prasad. 2004 ; ( II ) CPJ 504. [ 12 ] . Amar Singh v. Frances Newton Hospital and Anr. 2001 ; ( I ) CPJ 8. [ 13 ] . Mam Chand v. Dr. GS Mangat of Mangat Hospital. 2004 ; ( I ) CPJ 79 ( NC ) [ 14 ] . Dr. ( Smt ) Kumud Garg v. Raja Bhatia. 2004 ; ( I ) CPJ 369. [ 15 ] . Smt. Vimlesh Dixit v. Dr. R. K. Singhal. 2004 ; ( I ) CPJ 123 ( Uttaranchal ) [ 16 ] . Air 1989 SC 2039. [ 17 ] . Dr. Harkanwaljit Singh Saini v. Gurbax Singh and Anr. 2003 ; ( I ) CPJ 153 ( NC ) [ 18 ] . Dr. Karkanwaljit Singh Saini v. Gurbax Singh and another. 2003 ; ( I ) CPJ 153 ( NC ) [ 19 ] . Ns Sahota v. New Ruby Hospital and Ors. 2000 ; ( II ) CPJ 345. [ 20 ] . Sardool Singh v. Muni Lal Chopra and another. 1999 ; ( I ) CPJ 64 ( Punjab ) [ 21 ] . Dr. Manjit Singh Sandhu v. Uday Kant Thakur and others. 2002 ; ( III ) CPJ 242. [ 22 ] . Director. Rajiv Gandhi Cancer Institute and Research Centre and Ors. 2003 ; ( I ) CPJ 305 ( Delhi ) [ 23 ] . Director. Rajiv Gandhi Cancer Institute and Research Centre and Ors. 2003 ; ( I ) CPJ 305 ( Delhi ) [ 24 ] . Marble City Hospital and Research Centre and Ors. v. V. R. Soni. 2004 ; ( II ) CPJ 102 ( MP ) [ 25 ] . Nirmalendu Paul v. Dr. P. K. Bakshi and anr. 2000 ; ( III ) CPJ 79. [ 26 ] . Surinder Kumar ( Laddi ) and anr. V. Dr. Santosh Menon and Ors. 2000 ; ( III ) CPJ 517. [ 27 ] . Rajinder Singh v. Batra Hospital and Medical Research Centre and Anr. 2000 ; ( III ) CPJ 558.
Friday, November 29, 2019
An Overview and History of Medical Geography
An Overview and History of Medical Geography Medical geography, sometimes called health geography, is an area of medical research that incorporates geographic techniques into the study of health around the world and the spread of diseases. In addition, medical geography studies the impact of climate and location on an individuals health as well as the distribution of health services. Medical geography is an important field because it aims to provide an understanding of health problems and improve the health of people worldwide based on the various geographic factors influencing them. History of Medical Geography Medical geography has a long history. Since the time of the Greek doctor, Hippocrates (5th-4th centuries BCE), people have studied the effect of location on oneââ¬â¢s health. For example, early medicine studied the differences in diseases experienced by people living at high versus low elevation. It was easily understood that those at living low elevations near waterways would be more prone to malaria than those at higher elevations or in drier, less humid areas. Though the reasons for these variations were not fully understood at the time, the study of this spatial distribution of disease is the beginnings of medical geography. This field of geography did not gain prominence until the mid-1800s though when cholera gripped London. As more and more people became ill, they believed they were becoming infected by vapors escaping the ground. John Snow, a doctor in London, believed that if he could isolate the source of the toxins infecting the population they and cholera could be contained. As part of his study, Snow plotted the distribution of deaths throughout London on a map. After examining these locations, he found a cluster of unusually high deaths near a water pump on Broad Street. He then concluded that the water coming from this pump was the reason people were becoming sick and he had authorities remove the handle to the pump. Once people then stopped drinking the water, the number of cholera deaths dramatically decreased. Snowââ¬â¢s use of mapping to find the source of disease is the earliest and most famous example of medical geography. Since he conducted his research, however, geographic techniques have found their place in a number of other medical applications. Another example of geography aiding medicine occurred in the early 20th Century in Colorado. There, dentists noticed that children living in certain areas had fewer cavities. After plotting these locations on a map and comparing them with chemicals found in the groundwater, they concluded that the children with fewer cavities were clustered around areas that had high levels of fluoride. From there, the use of fluoride gained prominence in dentistry. Medical Geography Today Today, medical geography has a number of applications as well. Since the spatial distribution of disease is still a large matter of importance though, mapping plays a huge role in the field. Maps are created to show historic outbreaks of things like the 1918 influenza pandemic, for example, or current issues like the index of pain or Google Flu Trends across the United States. In the pain map example, factors like climate and environment can be considered to determine why high amounts of pain cluster where they do at any given time. Other studies have also been conducted to show where the highest outbreaks of certain types of disease occur. The Center for Disease Control and Prevention (CDC) in the United States, for instance, uses what they call the Atlas of United States Mortality to look at a wide range of health factors across the U.S. Data ranges from the spatial distribution of people at different ages to places with the best and worst air quality. Subjects such as these are important because they have implications for the population growth of an area and the instances of health problems such as asthma and lung cancer. Local governments can then consider these factors when planning their cities and/or determining the best use of city funds. The CDC also features a website for travelerââ¬â¢s health. Here, people can get information about the distribution of disease in countries worldwide and learn about the different vaccines needed to travel to such places. This application of medical geography is important for reducing or even stopping the spread of the worldââ¬â¢s diseases through travel. In addition to the United Statesââ¬â¢ CDC, the World Health Organization (WHO) also features similar health data for the world with its Global Health Atlas. Here, the public, medical professionals, researchers, and other interested persons can gather data about the distribution of the worldââ¬â¢s diseases in an attempt to find patterns of transmission and possibly cures to some of the more deadly illnesses such as HIV/AIDS and various cancers. Obstacles in Medical Geography Although medical geography is a prominent field of study today, geographers have some obstacles to overcome when gathering data. The first problem is associated with recording a diseaseââ¬â¢s location. Since people sometimes do not always go to a doctor when ill, it can be difficult to get entirely accurate data about a diseaseââ¬â¢s location. The second problem is associated with the accurate diagnosis of disease. While the third deals with the timely reporting of a diseaseââ¬â¢s presence. Often, doctor-patient confidentiality laws can complicate the reporting of a disease. Since, data such as this needs to be as complete as possible to monitor the spread of illness effectively, the International Classification of Disease (ICD) was created to make sure that all countries use the same medical terms to classify a disease and the WHO helps monitor the global surveillance of diseases to help data get to geographers and other researchers as quickly as possible. Through the efforts of the ICD, the WHO, other organizations, and local governments, geographers are in fact able to monitor the spread of disease fairly accurately and their work, like that of Dr. John Snowââ¬â¢s cholera maps, is essential to reducing the spread of and understanding contagious disease. As such, medical geography has become a significant area of expertise within the discipline.
Monday, November 25, 2019
The Compact Bedford Introduction to Literature Essays
The Compact Bedford Introduction to Literature Essays The Compact Bedford Introduction to Literature Paper The Compact Bedford Introduction to Literature Paper AP, John Updikeââ¬â¢s story of a ââ¬Å"courageousâ⬠grocery clerk, is one of Updikeââ¬â¢s most popular stories perhaps because it is, at first glance a simple read, but further readings show how the author is able to create a dynamic story that involves figuring out what certain parts of the story may mean. For example, focusing on the ending, when Sammy punches the ââ¬Å"No Saleâ⬠tab as he remembers how Lengel ââ¬Å"made the pretty girl blushâ⬠(Updike 564), we can see how this ââ¬Å"No Saleâ⬠extends itself not just to its uses on the cash register, but also within the story; it acts as a literary symbol within the text. First, we find how there is ââ¬Å"no saleâ⬠between the store manager, Lengel, and the girls. They, might, perhaps belong to a different class, a class ââ¬Å"from which the crowd that runs the A P must look pretty crummyâ⬠(Updike 563), but Lengel does not let that get in the way of his reminding the girls of propriety and decency. Lengel does not indulge in the idea that, because the girls are attractive and might be better-off, he should let them off easy or that he should just let them be. Besides this, the girlsââ¬â¢ obliviousness to Sammyââ¬â¢s affected act of ââ¬Å"gallantryâ⬠is also telling of how there is ââ¬Å"no saleâ⬠between him and them. The girls are too preoccupied with getting out of the store and are also rather indifferent to their surroundings and, thus, cannot appreciate nor acknowledge would-be heroics for their benefit. Then, we have a ââ¬Å"no saleâ⬠between Sammy and his act of quitting itself. After realizing that the girls are nowhere to be found and have missed his heroics, he acknowledges Lengelââ¬â¢s remark of him not really wanting to push through with quitting as true. He realizes that he will regret this act sometime in the future, but continues to push through with it just because of momentum (and probably to save face). Finally, the ââ¬Å"no saleâ⬠agenda is something that has been going on between the reader and Sammy himself. The reader, because he or she is privy to Sammyââ¬â¢s initial thoughts about the girls, knows that his act of quitting is something that is actually quite pretentious and somewhat insincere. Perhaps, he did feel a little indignant at Lengel for gently reprimanding his Queenie and her friends, but all-in-all his act was done in order to call the girlsââ¬â¢ attention onto his self and not really to uphold their rights or their dignity, and because the reader knows this, that ââ¬Å"no saleâ⬠feeling is created. : Updike, John. ââ¬Å"APâ⬠. The Compact Bedford Introduction to Literature Eighth Edition. Ed. Michael Meyer. Boston and New York: Bedford/St. Martin, 2009. 560-564.
Thursday, November 21, 2019
Organizational behaviour Essay Example | Topics and Well Written Essays - 2000 words - 1
Organizational behaviour - Essay Example an and Kentridge (2000) define behavioral psychology as a ââ¬Å"subset of psychology that focuses on studying and modifying observable behavior by means of systematic manipulation of environmental factorsâ⬠. Behaviorists or behavior psychologists affirm that a behavior is to be studied and evaluated without giving any consideration to the inner mental condition of the individual. Classical conditioning. This theory, put forth by Ivan Pavlov and John B. Watson, suggests that a behavior can be assessed by watching how an animal or an individual shoes an unconditioned response by associating a neutral stimulus with a naturally occurring (unconditioned) stimulus. Pavlov experimented with dogs and conditioned them so that they salivated on the sound of bell ringing by associating the sound with their food. Operant conditioning is of four types. Positive Reinforcement and Negative Reinforcement tend to support the behavior as under these two conditions, the individual experiences a good ending and thus repeats his experience in future. On the other hand, Punishment and Extinction tend to weaken the chances of future occurrences of a behavior as under these two circumstances, the individual has had a bad or neutral ending. Learning based on behavioral psychology. Behavioral psychologists carry on the process of learning by assuming that a person can be completely understood by observing his behavior. And how a behavior is to be learnt? It is done by learning an individualââ¬â¢s responses to environmental stimuli. This is basically a stimulus-response theory. The boss orders the employee to leave (stimulus) and the employee leaves (response). This means that ââ¬Å"learning in humans and animals can take place through the association of a response with particular stimuliâ⬠(Psychologist World, 2009). Strengths. Behaviorism approaches are well designed and focused because of well organized ways of measuring behavioral responses. Classical behaviorism has a great advantage in
Wednesday, November 20, 2019
Soto Essay Example | Topics and Well Written Essays - 750 words
Soto - Essay Example Soto exhibits several strong purposes in writing this essay. The first thing that the reader will notice is that this author writes to entertain. The reader can visualize the boy in the story trying to find something to do other than watch ââ¬Ëthe perfect familyââ¬â¢ on television all summer. His interactions with others throughout the story, while carrying an underlying tone we will analyze in a moment, are written in a narrative format that is easy to follow along. Whoever reads the story can feel a part of the boyââ¬â¢s life and truly visualize what he spends his summer days doing. When he encounters Mrs. Moore in his effort to do some work at her house, she exclaims ââ¬Å"Itââ¬â¢s summer, and there ainââ¬â¢t no leavesâ⬠(Soto 24). This makes us all remember the days of our youth and our good-natured encounters with the neighbors. A subsequent, more serious purpose to this essay lies in the life of the boy and his siblings. Soto appears to be asking the reader to empathize with the characters in the story. Adults all around them seem to be communicating that, because of their Hispanic heritage, they can only go so far up the ladder of success in society. So, they spend their days watching the perfect ââ¬Ëwhiteââ¬â¢ family on television and wishing, almost, that they had been born into a different family, or at least at a different time. This is a social message. Soto is effectively asking his audience to imagine being a child who feels others around him are superior to him simply because of their race. He also is asking the reader to visualize being a child and discovering that nearly every adult in your life supports the notion that you are stuck where you are and cannot advance. It is certainly not a ââ¬Ëpretty pictureââ¬â¢, but it is certainly a message that certainly gives the reader pause to reflect and consider. Soto was effective in pointing the readers, in an entertaining fashion, towards a serious social problem faci ng the country. He takes issue with boys and girls who are told their dreams cannot come true even before they reach the middle of adolescence. The boyââ¬â¢s two siblings seem to already have bought into this notion. His brother, in essence, spends his days playing around in the ditch and really desires to do nothing else. Sensing that there is more to life, the boy begins to strike out on his own and try to make something of himself. Sure, this is just a story, but the message and purpose is clear. Soto really desires to use this essay to point towards this perceived social injustice and he challenges society to take action. To this end, the author is effective. One of Sotoââ¬â¢s ideas during this essay is that adults perpetuate this feeling in minority children that they are destined to a life that is inferior to others. He demonstrates this with the boyââ¬â¢s mother. Early in the story, the narratorââ¬â¢s mother tells him ââ¬Å"Boy, are you a crazy Mexican. Where did you get the idea that people eat turtles?â⬠(Soto 23). The implication of the mother throughout is clear. While she certainly seems to love her children, she believes that, since they are Mexican, they cannot be like the ââ¬Ëwhite childrenââ¬â¢ they see on television. Sure, you want your children to be proud of their race. Upon analyzing this essay and its purpose, however, it is
Monday, November 18, 2019
Forces Initiating or Inhibiting Change in Organizations Essay
Forces Initiating or Inhibiting Change in Organizations - Essay Example The coming of new technology, Robins said, affects the jobs and the organization. There was a time when pagers were in vogue. It was a necessary communication tool for sales and field personnel, but cellular phones took them out of the picture. Computer knowledge is an added requirement for new employees, a necessity in almost all business outfits. Technology, likewise, affects a company or industry, especially the music industry with online downloads and sharing. He commented that genetic technology allows pharmaceutical corporations to produce drugs for particular individuals, which in turn produces a dilemma for insurance companies on who would be insured or not. With competition no longer confined within a geographic territory but globally, new products and services should be introduced for survival. With business deals being transacted and concluded online, technical and support units became part of the structure.
Saturday, November 16, 2019
Computer Crime Legislation in the UK
Computer Crime Legislation in the UK Computer crime is on the increase as there are many users of the internet and social-networking sites. Evaluate the extent to which relevant legislation has intended to serve as a deterrent to such offences. Since the launch of the computers in the mid 1970s, they have played a major role in todays society as it is impossible to live without a computer as most of us are so dependent on them. Computers is used in a number ways such as booking a flight, buying insurance, reading the news, communicating with other people. Another reason people use a computer is to commit crimes. Computer crime has risen at an alarming rate as people think they can be undetected and be anonymous. This is because it is easier to commit a crime in the cyber world than in the real world. When a crime is committed in the real world, physical evidence is always left behind such as blood and fingerprints. In the cyber world there isnt any physical evidence. The thought of their tracks would not be traced, however they are mistaken as tracking down an IP address has become easy to track making it hard for criminals to stay invisible while they are online. An IP address is short for internet protocol address and this identifies a computer on network. The IP addresses are based on the networks that use the TCP/IP protocol. Various activities are committed by not just by criminals but ordinary people as well. These activities would consist of crimes linked to child pornography such as downloading images, stealing identities, hacking to other account to gain information for the third pa rty, creating a virus and money frauds are known to become easier by the use of computers. Credit card numbers, personal id information can also be targeted by programmed automated software. People commit these crimes as they have a thrill of taking advantage of a computer system. Distributed Denial of Service (DDoS) is a common form of attack on computers. This process involves criminals can have controlled access to multiple computers and use them to attack a number of targets or one target. Another form of attack is malicious software (malware). This consists of software that allows criminal to have full control of a system and allowing the malware creator to do whatever they want. The malware can be a number of things such as a virus, worm, Trojan, adware, spyware and a root kit. A virus is the most serious form of attack. This consists the virus affecting the computer or other electronic devices that are passed by other user activity e.g. an email attachment being opened. http://www.seas.ucla.edu/2011, http://www.webopedia.com/2013 As computer crime has risen, the cost of cyber crime is also a threat to the government and the nation. According to the Cabinet office, cyber crime in the UK costs à £27bn a year. These costs are made up of à £21bn to businesses; which is more than the offices annual budget, à £2.2bn to the government and à £3.1bn to public. Baroness Neville-Jones the Security minister stated in a briefing the government was determined to work with industry to tackle cyber crime. At the moment, cyber criminals are fearless because they do not think they will be caught The Police and Justice act 2006 is an act of parliament in the UK. Part 5 of the act the miscellaneous section under chapter 48 introduced the Computer Misuse Act 1990 (CMA). The Computer Misuse Act 1990 (CMA) was passed in 1990 and is part of the UK Parliament. The principle of the act to is frame legislation and controls any activity linked to computer crime and internet fraud. The act was introduced to deal with issues that have occurred by the misuse of computers. The act are based on three offences that cover Unauthorized access to computer material unauthorised access to a computer with intent to commit or facilitate the commission or a further offence and unauthorised modification of computer material The first act Unauthorised access to computer material even though there isnt any physical damage, its an offence when a person is found guilty of using any computer material without permission which makes it illegal. An example of this would be the case of R v Astrid Curzon. Curzon 49 was found guilty of gaining access to a schools email system. She gained access from her home and therefore found private emails from the head teacher to staff members. The email contained discussions about employment of other staff members. Another example of this would be the case of DPP v Bignell [1998]. Two police officers already had access to the police national computer (PNC) that is only used for police purposes. The pair asked the computer operator who used to the computer to obtain information from the DVLA through the police national computer without knowing it was for their own pleasure purposes. The divisional court had stated that the two polices officers didnt commit a crime under section 1 Unauthorized access to computer material. the divisional court believe that the two police officers didnt commit a crime and their conclusions were right, as the decision wasnt over ruled by the House of Lords in Bignell. It was a possible view of the facts that the role of the officers in Bignell had merely been to request another to obtain information by using the computer. The computer operator did not exceed his authority. His authority permitted him to access the data on the computer for the purpose of responding to requests made to him in proper form by police officers. No offence had been committed under section 1 of the CMA. In a more recent article in the Daily Mail online(PUBLISHED: 05:00, 17 December 2012) Hollywood stars Scarlett Johansson, Mila Kunis and Christina Aguilera computer was hacked by Christopher Chaney 36, was arrested for wiretapping and unauthorised access when he hacked into their email accounts. He managed to gain access by using Google and then using the i got forgot my password button. He tried a number of combinations of names and then he reset account passwords by finding pet names, where they were born, and the name of their schools. The most serious incident when Chaney posted nude photographs of Johansson and her then husband all over the internet. The second act unauthorised access to a computer with intent to commit or facilitate the commission or a further offence as stated in the first act no actual physical damage to the computer material. Using the system without permission would make it illegal and committing a on the system would be illegal too. This act mainly covers actions such as using email contents for blackmail. An example of these would be the case of R v Delamare [2003] the defendant was working in bank and was offered à £100 to use the banks computer systems to gain information of other bank details. The third act unauthorised modification of computer material an example of this act would be the case of R v Pavel Cyganok and Ilja Zakrevski [2012].( published 2 July 2012 Last updated at 11:23 2 July) Cyganok and Zakrevski were arrested and convicted of masterminding hi-tech crimes. The pair used a SpyEye Trojan to obtain login details for online accounts. The stolen data was then uploaded to servers which the pair had access to. à £100,000 of the stolen money was stolen and laundered through online accounts allowing criminals to access. The acts are associated with penalties for both individuals and groups of people that are part of a gang. The penalties can be severe for breaching the three offences. The penalties are varied based on what act have been breached. Each of the offences are divided into summary penalties a trail without a jury and an indictment penalties a trail with a jury. In the first act if the individual was found guilty the summary conviction in England and Wales the prison sentence would be a term of 12 months or a fine up to the statutory maximum (à £5000) or both. On a conviction, the prison sentence would be of two years that shouldnt be exceeded or a fine or both. In the second act, the summary conviction is a prison sentence of 6 months or a fine that is not allowed to be exceeded the statutory maximum or both. On a conviction, the prison sentence would be term of five years or a fine or both. In the third act, if the individual was found guilty the summary conviction would be prison sentence of one year or a fine that is not allowed to be exceeded the statutory maximum or both. On a conviction, the prison sentence would be 10 years or a fine or both. Section 35 of the Police and Justice 2006 had amended the Computer misuse act 1990. The amended act looks at new offences which offences 1 and 2 are now combined together into a new offence. A new offence was added into the act 3a offence. This affect took place on 1st October 2008. The three new offences are as follows: Unauthorised access to computer materials (hacking), Carrying out unauthorised acts in relation to a computer and Making, supplying or obtaining articles for use in computer misuse offences. The penalties were also added to the new offences. The police and justice act increased the penalties for the first offence unauthorised access to computer material. The computer misuse act can be compared to other laws and legislations. The Computer Crime Act (CCA) was passed in 1997 is an act of the Malaysian government introduced the legal framework to ease the growth of ICT systems called Cyber laws of Malaysia. The act was given a Royal Assent on June 18, 1997 but didnt come into force on June 1, 2000. This act was introduced purpose of protecting consumers and people that provide a service. The act also protects online businesses and owners of intellectual property. The act was designed to stop offences as computers are misused in a number of ways, as this was added to other existing criminal legislation. The Computer Crime Act and the Computer Misuse Act do have a number of similarities in the case of the three offences; however it differs in more ways. As the Computer Misuse Act as the three offences, the computer crime act looks at a wider range of offences. The CCA looks at the understanding of computers, the computer network, output, c omputer data and the functions it uses. The act looks at computer programs and premises. The definition of a computer in CCA is summarised as any electronic devices that are programmable and has the ability to store data. The CCA looks at more severe penalties compared to the CMA. For the first offence, unauthorised access to computer material the Malaysian law states that if the individual were found guilty the prison sentence would be a maximum sentence that shouldnt be exceeded five years and or a fine of not exceeding RM 50,000 (à £10,273,45) for the 2nd offence, the Malaysian law states for the offence of unauthorised access with intent to commit or facilitate commission of further offences if the individual were found guilty the prison sentence would be a maximum sentence ten years that shouldnt be exceeded and or a fine not exceeding RM 150,000(à £30,820,35). For the 3rd offence unauthorized modification of the contents of any computer the Malaysian law states that if the individual was found guilty the prison sentence would be not exceeding seven years and or a fine not exceeding RM 100,000(à £20, 546, 90) On a liable prison sentence not exceeding ten years if the act was intentionally brok en and or a fine not exceeding RM 150,000, which is the equivalent to (à £30, 820, 35)à The computer misuse act can also compared to the American law the Computer fraud and abuse act 1986. The act was passed by the united congress. The act is a federal legislation that is aimed to restrict computer crimes that come under the federal jurisdiction.the whole purpose of the act was to strengthen, widen, and clarify to protect computer systems from vandalism. The act also includes the usage of virus and programs that have been intended to destroy a computer system. The law prevents the unauthorized access of any computer system and the obtainment of classified government information. http://ecommerce.hostip.info.2013 Comparing to The Computer Misuse Act and The Computer Crime Act (CCA) 1997, the Computer fraud and abuse act 1986 has more severe penalties. If the individual were guilty of physical damage to a computer system, the prison sentence would be a term of 20 years that shouldnt be exceeded and the fine reaching $250000 (à £155,870.00). Under this law, Prosecutors are challenged to prove that the defendant intentionally caused damages to a computer. The other acts are not so severe than this act.à Even though the computer misuse act is in place, the act still does not stop criminals from committing an offence. In the BBc news online (4 July 2011 Last updated at 19:24 ) The crimes are committed as people want to gain information and sell to a third party. In 2011 it was reported back in 2002 the News of the World newspaper had hacked in to Milly Dowler mobile phone and had listened to the voicemails and then deleted the messages. Later the news of the world was forced to shut down the paper after the hacking scandal as they had admitted interfering with teenagers phone. The victims family and friends said it gave them false hope that she was still alive and Milly had deleted the messages herself. By the time the messages were deleted. By this time, the teenager was already murdered. The hacking was classed as an unlawful interception of communications. This comes under Section 1 of the Regulation of Investigatory Powers Act 2000. In an article in the Daily Mail online, (PUBLISHED: 02:08, 9 June 2012 ) 11,000 people are believed to hunted by the police for using a service of a cyber-crime gangs website that offered false identification and tips on how to commit a crime. The gang had cloned a number the identities of people who a high credit rating. Pay slips bank statements, passports and driving licenses was also sold to the gangs members. The website also offered other services such as different tiers of access as the users where trusted to use the website. One of the services included a platinum profile that cost à £5,500 that came with instructions on how to commit identity fraud. For à £2,000, Confidential Access (CA) offered a 100% Creditmaster profile, which was exclusive to VIP members of the website. The website was claimed to worth be à £200million and had a turnover of à £11m between 2004 and 2008. The paying customers paid from around à £50 for a utility bill to à £800 for a set of three year s professionally sealed. Detective Inspector Tim Dowdeswell said: This was a sophisticated operation which has netted millions of pounds over the years. These cyber criminals not only provided the tools to commit fraud, they instructed their clients in how to use them to make the maximum amount of money, whilst ruining real peoples credit histories into the bargain. We have already brought many of their students in crime to court and will continue to work with other police forces and partners to bring those people who bought and used these identities in their own frauds to justice.à Concluding this essay, computer crime will still be on the increase. Crimes will be committed depending what the motivation is such as greed and pleasurable need. The Computer misuse act 1990 has a number of flaws as it failed in the case of DPP v Bignell [1998] as the prosecutor felt that no crime was committed under section 1 of authorised access. The police national computer (PNC) was used when a police officer obtained information for their own pleasurable needs, even though police officers had access to the PNC. The Computer misuse act 1990 should not have failed, as the police national computer should be used for policing only. Another way it can fail is the source of the crime such as the IP address and hackers would find ways and use another IP address to avoid them getting caught. I do believe that the computer misuse act can work as a deterrent, as it has a high knowledge that projects any computer system that involves criminating activities. The act helps to keep people safe and their personal information safe too. My views on the Computer misuse act 1990 that their punishment should be severe as the Computer fraud and abuse act 1986. I say this because i feel with a harsher punishment people will learn their lesson on not to commit a crime. If an individual served a 12 month prison sentence with a small fine, they would be tempted to commit another crime as they would feel that their punishment was not harsh enough. My recommendations would be that the Computer misuse act 1990 should have harsher punishments matching up to the penalties of the Computer Misuse Act and the Computer Crime Act (CCA) 1997. I also believe that the government should have more power over the individuals who commit crime as 27bn was wasted on computer crimes. I also i believe that the act should at other aspects and not focusing on three sections. If prosecutors are dealing with computer crime cases, they themselves should have an understanding of the act and not allow anymore cases to be dismissed. References BBC News News of the World hacked Milly Dowler phone. 2013. BBC News News of the World hacked Milly Dowler phone. [ONLINE] Available at: http://www.bbc.co.uk/news/uk-14017661. [Accessed 29 December 2012]. Cyber-criminal fraud gang who lived lavish lifestyles jailed for multi-million pound ID scam | Mail Online. 2013. Cyber-criminal fraud gang who lived lavish lifestyles jailed for multi-million pound ID scam | Mail Online. [ONLINE] Available at: http://www.dailymail.co.uk/news/article-2156724/Cyber-criminal-fraud-gang-lived-lavish-lifestyles-jailed-multi-million-pound-ID-scam.html. [Accessed 19 December 2012] Christopher Chaney: Computer hacker who leaked nude photos of Scarlett Johansson is sentenced to 10 years in prison | Mail Online. 2013. Christopher Chaney: Computer hacker who leaked nude photos of Scarlett Johansson is sentenced to 10 years in prison | Mail Online. [ONLINE] Available at: http://www.dailymail.co.uk/news/article-2249693/Christopher-Chaney-Computer-hacker-leaked-nude-photos-Scarlett-Johansson-sentenced-10-years-prison.html. [Accessed 20 December 2012] The cost of cyber crime | Cabinet Office. 2011. The cost of cyber crime | Cabinet Office. [ONLINE] Available at: http://www.cabinetoffice.gov.uk/resource-library/cost-of-cyber-crime. [Accessed 19 December 2012] Bobby Stocks 2013. Why Do People Commit Computer Crimes? | eHow.com. [ONLINE] Available at: http://www.ehow.com/about_4709031_do-people-commit-computer-crimes.html. [Accessed 19 December 2012] What is IP address? An IT Definition From Webopedia.com. 2013. What is IP address? An IT Definition From Webopedia.com. [ONLINE] Available at: http://www.webopedia.com/TERM/I/IP_address.html. [Accessed 20 December 2012] Malicious Software. 2011 Malicious Software. [ONLINE] Available at: http://www.seas.ucla.edu/security/malware.html. [Accessed 20 December 2012] What is DDoS (Distributed Denial of Service) attack? A Word Definition From the Webopedia Computer Dictionary. 2013. What is DDoS (Distributed Denial of Service) attack? A Word Definition From the Webopedia Computer Dictionary. [ONLINE] Available at: http://www.webopedia.com/TERM/D/DDoS_attack.html. [Accessed 20 December 2012] Computer Fraud and Abuse Act of (1986) Information, Law, System, and Damage . 2013. Computer Fraud and Abuse Act of (1986) Information, Law, System, and Damage . [ONLINE] Available at: http://ecommerce.hostip.info/pages/248/Computer-Fraud-Abuse-Act-1986.html. [Accessed 21 December 2012] CyberCrimes: Computer Crime Act 1997. 2009. CyberCrimes: Computer Crime Act 1997. [ONLINE] Available at: http://cybercrimes09.blogspot.co.uk/2009/10/computer-crime-act-1997.html. [Accessed 10 January 2013]. Computer Misuse Act 1990: not yet in force: Legal Guidance: The Crown Prosecution Service. 2013. Computer Misuse Act 1990: not yet in force: Legal Guidance: The Crown Prosecution Service. [ONLINE] Available at: http://www.cps.gov.uk/legal/a_to_c/computer_misuse_act_1990/#an07. [Accessed 10 January 2013]. IMPACTÃâà ®:The amended Computer Misuse Act: IMPACT guide to the essentials. 2006 IMPACTÃâà ®: The amended Computer Misuse Act: IMPACT guide to the essentials. [ONLINE] Available at: http://impact.freethcartwright.com/2006/11/a_while_ago_we_.html. [Accessed 10 January 2013]. Former beauty queen spied on headteachers email (From Swindon Advertiser). 2012. Former beauty queen spied on headteachers email (From Swindon Advertiser). [ONLINE] Available at: http://www.swindonadvertiser.co.uk/news/local/9881311.Former_beauty_queen_spied_on_headteacher_s_email/. [Accessed 10 January 2013]. Computer Frauds Unauthorised Access + Intent + Modification. 2012. Computer Frauds Unauthorised Access + Intent + Modification. [ONLINE] Available at: http://legal.practitioner.com/regulation/standards_9_3_22.htm. [Accessed 10 January 2013]. BBC News Online bank robbers face jail time for e-crimes. 2012. BBC News Online bank robbers face jail time for e-crimes. [ONLINE] Available at: http://www.bbc.co.uk/news/technology-18672068. [Accessed 10 January 2013]. INTERNET COMPUTER CRIME. 2013.. [ONLINE] Available at: http://www.stjohnsbuildings.com/resources/s/n/4/ComputerCrimeNotes.pdf. [Accessed 10 January 2013].
Wednesday, November 13, 2019
An Analysis of Brooks First Fight.Then Fiddle Essay -- First Fight.Th
An Analysis of Brooks' First Fight.Then Fiddleà à Gwendolyn Brooks' "First fight. Then Fiddle." initially seems to argue for the necessity of brutal war in order to create a space for the pursuit of beautiful art. The poem is more complex, however, because it also implies both that war cannot protect art and that art should not justify war. Yet if Brooks seems, paradoxically, to argue against art within a work of art, she does so in order create an artwork that by its very recognition of art's costs would justify itself. Brooks initially seems to argue for the necessity of war in order to create a safe space for artistic creation. She suggests this idea quite forcefully in the paired short sentences that open the poem: "First fight. Then fiddle." One must fight before fiddling for two reasons. First, playing the violin would be a foolish distraction if an enemy were threatening one's safety; it would be, as the phrase goes, "fiddling while Rome burns." Second, fighting the war first would prepare a safe and prosperous place where one could reasonably pursue the pleasures of music. One has to "civilize a space / Wherein to play your violin with grace." It should be noted further that while Brooks writes about securing a "civilized" place to play the violin, she seems clearly to be using this playing as an image for art in general, as her more expansive references to "beauty" or "harmony" suggest. Nonetheless, much that Brooks writes about the necessity to fight before fiddling indicates the she does not support this idea, at least not fully. For example, Brooks describes making beautiful music as being "remote / A while" from "malice and murdering." In addition to the negative way Brooks describes war in this line, ... ...ultural prestige of violin playing. Indeed, as an emblem of Western civility (one thinks of Renaissance sonnets), the sonnet might be involved in the very justification of the destruction of other less "civilized" peoples that the poem condemns. One might wonder why Brooks produces poetry, especially the sonnet, if she also condemns it. I would suggest that by critically reckoning the costs of sonnet-making Brooks brings to her poetry a self-awareness that might justify it after all. She creates a poetry that, like the violin playing she invokes, sounds with "hurting love." This "hurting love" reminds us of those who may have been hurt in the name of the love for poetry. But in giving recognition to that hurt, it also fulfills a promise of poetry: to be more than a superficial social "grace," to teach us something we first did not, or did not wish to, see. Ã
Monday, November 11, 2019
Analysis McDonaldââ¬â¢s Franchise in Viet Nam Essay
McDonaldsââ¬â¢s is a business corporation system of fast food restaurants with approximately 31,000 restaurants in 119 countries to serve 43 million passengers a day under its own brand. The McDonaldsââ¬â¢s restaurant concept was introduced in San Bernardino, California by Dick and Mac McDonaldââ¬â¢s in May 15, 1940. It was modified and expanded by their business partner, Ray Kroc, of Oak Park, Illinois, who later bought out the business interests of the McDonaldââ¬â¢s brothers in the concept and went on to found McDonaldsââ¬â¢s Corporation in April, 15, 1955. I.2. Mission and Vision Mission McDonaldsââ¬â¢s brand mission is to ââ¬Å"be our customersââ¬â¢ favorite place and way to eat.â⬠Our worldwide operations have been aligned around a global strategy called the Plan to Win centering on the five basics of an exceptional customer experience ââ¬â People, Products, Place, Price. We are committed to improving our operations and enhancing our customersââ¬â¢ experience. Vision ââ¬Å"McDonaldsââ¬â¢s vision is to be the worldââ¬â¢s best quick service restaurant experience. Being the best means providing outstanding quality, service, cleanliness, and value, so that we make every customer in every restaurant smile.â⬠I.3. Business objective The business objective of McDonaldââ¬â¢s, which is a fast food restaurant, is to be the worldââ¬â¢s best quick service restaurant experience. They also aim at being the best establishment by providing outstanding quality, service, cleanliness and value. II. SWOT Analysis II.1. Strengths Strong brand name, image and reputation: McDonaldsââ¬â¢s is the leading global foodservice retailer with more than 34,000 local restaurants serving nearly 69 million people in 118 countries each day. The McDonaldsââ¬â¢s image is easy recognized everywhere. This brand is in top ten of the most powerful brand name in the world. Large market share: McDonaldââ¬â¢ss is considered as the largest player in size and global reach. When Wendyââ¬â¢s or Burgers King are losing market share in 2006, McDonaldââ¬â¢ss still increases its market share. Market share of McDonaldââ¬â¢ss in the recent time is about 19% while Yum! Brands is 9% and both Wendyââ¬â¢s and Burger King is 2% Specialized training for managers: McDonaldââ¬â¢ss is very serious on training managers. This company has its own program to train managers the most professionally, which is called Hamburger University. As a result, McDonaldââ¬â¢ss has many good managers who can help company development well. Locally adapted food menus: The fast food chain is operating in many diverse cultures where tastes in food are extremely different than those of US or European consumers. Thus ability to adapt to local tastes is one of McDonaldââ¬â¢sââ¬â¢s strengths. Partnership withà best brands: McDonaldsââ¬â¢s offers only most popular brands in its restaurants, such as: Coca Cola, Dannon Yogurt, Heinz ketchup and others. Technology Innovative: McDonaldââ¬â¢sââ¬â¢s is keeping at the forefront of technology around the globe II.2. Weaknesses Unhealthy food: As we know, there are foods in menu of McDonaldââ¬â¢s largely formed of unhealthy meals and drinks. Nowadays, people have trend to be take care them health, they tend to be use healthy food. High employee turnover: Although McDonaldââ¬â¢s has many good managers as well as skillful employees, the turnover rate is still high. Every year many of their employees are fired out of the restaurants. Moreover, many others quit their jobs, especially part time employees because of low salary as well as too high working pressure. Problem related to health issue: McDonaldââ¬â¢s use Trans ââ¬â fat and beef oil in their food. Although it is not illegal, it affects badly on customerââ¬â¢s health because Trans ââ¬â fat is causes of some kind of cancer. Consequently, a number of customers who care about their health stop eating at McDonaldââ¬â¢s restaurants. It makes revenue of company decrease. Price quiet high: Compare with other traditional fast food in Viet Nam, the McDonaldââ¬â¢s productââ¬â¢s price quiet high, itââ¬â¢s not suitable with almost personalââ¬â¢s income in Viet Nam. II.3. Opportunity Growth of the fast food industry: Fast food market in Viet Nam is a potential market. Demand of people is in big cities are increase. In recent years, growth rate of fast food market continue to increase. Diverse tastes and needs of customers: Customerââ¬â¢s tastes now become more diverse. As a result, they require new format of service in order to satisfy them. Changing customer habits and new customer groups: Nowadays, Vietnamese are more adapt with tastes of West. Almost people are trending use fast food by conveniently, especially majority young people in Viet Nam. II.4. Threats High competitive with other brand: McDonaldââ¬â¢s will be high competitive with other big brand stay in Viet Nam in long time such as; KFC, Lotteria, Jollibee, Pizza Hurt, Buger King, etc. Differences culture: Differences culture also a threat with McDonaldââ¬â¢s when come to Viet Nam. Trend towards healthy eating: Due to government and various organizations attempts to fight obesity, people are becoming more conscious of eating healthy food rather than what McDonaldsââ¬â¢s has to offer in its menu. III. Advantage and disadvantage of MacDonald franchise III.1. Advantage First of all, fast food has become part of daily life of young people, because of the speed of urbanization increase rapidly, consumer demand enhances, qualities of life are also stability, and it ensures that piece of fast food market constantly enlarged. Surveyed fast-food industry made ââ¬â¹Ã¢â¬â¹by Nielsen Vietnam in 2010 shows that 86% of consumer this product under the ages of 20-35. So as a latecomer, McDonaldsââ¬â¢s will also benefit from the achievement that KFC has efforts to build fast food habits for the Vietnamese. McDonaldsââ¬â¢s will not meet too many difficulties to complete a supply chain standards system for their restaurant in Vietnam, because the domestic producers now have plenty of experience coordinating with system fast food before. In additions, Food Culture of McDonaldsââ¬â¢s has existed in 118 countries around the world so convincing taste of Vietnam is probably not too difficult problem for this giant. About Place, the latecomer these positions favorable are occupied, but beautiful place to McDonaldsââ¬â¢s developing restaurant will not too scare if they active spending. Besides that, infrastructure in Viet Nam are developing, system buildings, supermarkets and modern commercial centers are rising steadily, and trend urbanization has created more beautiful space for fast food chain in Vietnam. GDP per capita is currently at 1,500 USD / year is low compared with the other area, but look at GDP per capita in two biggest cities Hanoi and Ho Chi Minh City higher than the national average pretty much (2012, Ha Noi at around $2,200 /person is Ho Chi Minh City is $3,600 / person). This income is sufficient to will sufficient to consumer willing spend from 4 ââ¬â 6 dollars for a meal. Certainly two locations will be first place McDonaldsââ¬â¢s open restaurant. Although McDonaldââ¬â¢s is a latecomer but not likely other fast food brand, McDonaldââ¬â¢s has special advantage of their own. That is the advantage of who hold the number one position fast food in the world. III.2. Disadvantage Besides there are advantages, McDonaldââ¬â¢s have disadvantage when come to Viet Nam, they will fail if they do not understand Vietnam. First off all, the difference culture, culture of Vietnamese cuisine is rich and varied, taste of East difference taste of West. Thus, McDonaldââ¬â¢s should consider this problem when offer food on menu. In addition, strengths of McDonaldââ¬â¢s in the U.S. market are breakfast (accounting for one quarter of total revenue) is not applicable in Vietnam. Because the habit of Vietnamese considered breakfast is snacks. McDonaldââ¬â¢s will be face fierce competition with other brand such as KFC, Lotteria, Jollibee, and these competitors has existent more than 15 years and has significant market share of the fast food market. One thing important franchisee of McDonaldââ¬â¢s in Viet Nam will face that is place rental costs are very expensive. One the other hand, there are conveniently local are occupied by other brand. Thus, franchisee in Viet Nam will effort find out local put McDonaldââ¬â¢s restaurant. The problem about price also an obstacle with McDonaldââ¬â¢s, compare with other country Viet Namââ¬â¢s GDP per capita is still low. Thus, fats food brands are still being compete on price. Thus McDonaldââ¬â¢s should consider this problem if they want to competitive with other brands. IV. Investment decision Consider all aspects of McDonaldââ¬â¢s franchise in Viet Nam, I see that although a latecomer they have some difficult and challenge but fast food market is still potential. McDonaldââ¬â¢s has competitive advantages compare with other brands, especially with the position of World No. 1, McDonaldââ¬â¢s already challenge with any competitors on fast food market in Viet Nam. If I have a chance I will investment franchise McDonaldââ¬â¢s brand in Viet Nam. V. Summary Viet Nam is the next destination when McDonaldââ¬â¢s has officially announced they will open their first store in Viet Nam at beginning 2014 year. This is good news because when fast food tycoon comes to Viet Nam, fast food market will compete more fierce and meanwhile the biggest beneficiaries none other than will be the consumer. Because of the presence of McDonaldââ¬â¢s will make all other fast food chain must work harder if they do not want to be ââ¬Ëswallowedââ¬â¢ market share. VI. References list Jerome Katz / Richard Green, Entrepreneurial Small Business ââ¬â 4th Edition,Graw-Hill International Edition. Essentials of Services Marketing ââ¬â 2nd Edition, Vochen Wirtz, Patricia Chew, Christopher Lovelock. Principle of marketing ââ¬â fourteenth edition- Philip Kotler and Gary Armstrong http://www.aboutmcdonalds.com/mcd/our_company.html http://www.mcdonalds.com/us/en/our_story/our_history.html http://www.strategicmanagementinsight.com/swot-analyses/mcdonalds-swot-analysis.html http://www.dna.com.vn/vi/tinh-huong-thuong-hieu/s/mcdonalds-se-that-bai-neu-khong-hieu-viet-nam/
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