Thursday, November 28, 2019

Effects of the Zoroastrianism Afterlife Scheme on their Ethical Teachings Essay Example

Effects of the Zoroastrianism Afterlife Scheme on their Ethical Teachings Paper For believers of Zoroastrianism, where a soul goes in the afterlife is determined by a balance between good and bad deeds.   The good deeds of a person have to outweigh his bad deeds for him/her to be able to enjoy ‘heaven’ in the afterlife.   For those whose deeds weight out equally, there is some kind of purgatory or mid-level where they are sent, considering that in Zoroastrianism, there are various levels in hell.   Bad deeds can be cleansed by way of confession or by the transfer of supererogatory merits; hence, leeway is left for human weakness. Based on this concept of the afterlife, it would be safe to say that Zoroastrianism teachings focus on people having to collect more good deeds than bad deeds while they are still alive.   As is with other religions, believers of Zoroastrianism, focus their energies on committing good deeds.   There is a catch to this, however, that may affect how believers live their life.   There is a very real possibility that believers would still commit bad deeds with the confidence that if they commit enough good deeds, their bad deeds would still be outweighed.   Their teachings of dualism, where there is a fight between good and evil, and where the triumph of good is always assured, adds to this concept of balancing between good and bad.   In other words, no matter how many bad deeds you commit, you can still enter heaven as long as you commit enough good deeds to gain entrance.   There is one thing of note in this particular concept though, who counts how many good or bad deeds o ne has committed?   Is there any way of knowing if your good deeds have already outweighed your bad deeds?   Despite the focus of Zoroastrianism teachings on the collection of good deeds, there is no disputing the possibility We will write a custom essay sample on Effects of the Zoroastrianism Afterlife Scheme on their Ethical Teachings specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Effects of the Zoroastrianism Afterlife Scheme on their Ethical Teachings specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Effects of the Zoroastrianism Afterlife Scheme on their Ethical Teachings specifically for you FOR ONLY $16.38 $13.9/page Hire Writer Effects of the  Ã‚  Ã‚  Ã‚   3 that people will tend to manipulate and abuse this religion’s concept of the afterlife.   Zoroastrians focus on self-regulation in their teachings, and human as we are, there is always that possibility of going beyond these teachings or using these teachings as a scapegoat as most Christians do nowadays. Effects of the  Ã‚  Ã‚  Ã‚   4 References Zoroastrianism Religion Facts. 20 Feb. 2009 http://www.religionfacts.com/zoroastrianism/index.htm.

Monday, November 25, 2019

KFC Case Analysis Essays

KFC Case Analysis Essays KFC Case Analysis Paper KFC Case Analysis Paper It is of critical importance that we develop a strong understanding of KFC’s current position and of the market in which it competes. The more comprehensive and well-founded our situational analysis is, the stronger our strategic marketing plan will be. I. The character and attractiveness of the U. S. food service and fast-food industries in 1994 The fast-food industry is considered a subsection of the food service industry, or rather a submarket within a broader market. This broader industry, the US food service industry, is in what is known as the maturity stage. Typically, the maturity stage exemplifies the following characteristics: Sales continue but at slower pace. Competition leads to decreased market share or prices. Competing products become very similar and differentiating product becomes both crucial and more difficult As a result, firms need to place their efforts into encouraging competitors’ customers to switch to their product offering, increase usage per customer and even convert non-users into customers. At this stage, the primary goal of a given firm is to maintain market share. The food service industry, as is the fast-food industry, is typified by franchising which became well-established in the early 1950s. The concept held and in 1994 there were over 550, 000 restaurants and food outlets in America. Although the industry in 1994 was slowing, that is not to say that it was not growing. Food service industry sales were forecast to surpass $275 billion and this had grown at an estimated compound annual rate of 3. 9% from 1988 till 1994. This billion dollar industry is dominated by the fast-food and full service segments who commanded annual sales of $86 billion and $85. billion dollars respectively. The fast-food segment is prima facie, a very attractive one. Not only did the segment grow 5. 6%, outpacing almost all other food categories but its future is also promising with a forecast of 6. 3% growth in 1994. In addition, the share of industry sales by the fast-food industry has risen by 1. 8 years over the last 5 years showing market dominance and growth. When we consider the fast-food industry specifically, pizza, family restaurants and dinner houses are the winners if e assess growth. The chicken segment, in which KFC competes, grew only 4. 1% as demographics changed and the trend towards healthier eating gained momentum. Figure 1 illustrates the market share held by each of the fast-food categories. However, though there has been seemingly strong growth up until now, assessing market attractiveness inherently involves some element of forecasting as we need not only assess current attractiveness, but future scenarios as well. Consumer preferences in 1994 were changing. There was a move away from fried unhealthy food to healthier options As per the survey in 1994, consumers showed a desire for a greater variety of menu items In this time, consumers also began expecting greater value for their money. This will inevitably have implications on the price strategy pursued by a firm as it puts pressure on lowering price and developing a viable cost structure. Other things being equal, this detracts from market attractiveness as it presents new and problematic challenges for current and potential competing firms. II. The major competitors for KFC KFC’s competitors can be considered in the context of consumers’ purchasing and consumption behaviours. The consumer segments can be classified depending on the benefits sought by the consumer. These benefits include the convenience of a fast food chain such as KFC, the satisfaction resulting from consumption and the attractive prices of the products. The success of the fast-food industry can be partly attributed to its universal appeal of convenience for the consumer in satisfying the basic physiological need for food. KFC’s competitors can be ranked accordingly. Figure ranks the competitors of KFC from the most to least direct competition. Other Fast Food Chains such as McDonalds and Popeyes can be seen as KFC’s biggest competitors in the market as it too, has the competitive advantage of convenience for the consumer. Take away can be seen as less convenient as the time required in attaining the food is greater than fast-food and there is often a need to pre-order to ensure reduced waiting time. Take away is followed by restaurants, and Frozen Dinners, as they are more inconvenient and time consuming. The most indirect competition is meals that have to be cooked at home. When we assess competition in light of taste, competition can be divided into several groups: Chicken Chains: Chains offering a large variety including fried chicken Upscale Chicken Chains Chains that offer other fried products If the consumer segment purchases KFC for reasons of predominantly taste, Chicken Chains such as Popeyes and Chick-A-Fillet would be appropriately considered KFC’s main competitors. However the variety offered by such competitors as McDonalds and Hardees can not only satisfy the needs of the consumers that prefer fried chicken but also those with different preferences. Indirectly KFC is also competing with Fast Food Chains that do not offer fried chicken but does offer other fried products. The strong competition faced by KFC in the market of Fast Food, show that organisations such as McDonalds as the greatest threat. The distribution network of McDonalds and their large variety of meal offering quickly appeals to families. McDonalds offering of Value Meals and lower pricing strategy makes McDonalds an even larger threat to KFC in the market. III. The critical issues faced in 1994 In 1994, KFC Brand Development President Kyle Craig and KFC-USA were faced with several critical issues regarding the growth and development of KFC. Craig expressed that his main concern for KFC was the company’s ability to handle change in the future. However, there were many issues present that affected various aspects of KFC’s corporation, competition and customer. There were numerous critical issues that involved the KFC corporation. One of these issues was the growth of international operations and declining domestic restaurant construction. The expansion of free-standing restaurants was seen as particularly difficult due to the availability of sites and the cost of construction. Another issue affecting the corporation was that of store refurbishment. Due to the age of many KFC restaurants, the expenditure of significant financial resources was required to refurbish and update these older restaurants. Refurbishments were also required to accommodate consumer demand for faster service that included drive through and dine-in options. At the beginning of 1994, Craig noted that limited menu options and significant service problems presented considerable concerns for the business. The limited menu options would owe largely to changing consumer demands and the inability for KFC to stay current and focused. However, the service problems, which partly stem from the outdated systems and facilities in place at KFC, could be largely attributable to the takeover of KFC by PepsiCo in 1986. After acquiring KFC, PepsiCo set about restructuring the KFC organisation, reducing staff numbers and replacing KFC personnel with managers from PepsiCo. The culture at PepsiCo, which was characterised by performance, accountability and the drive for promotion, starkly contrasted the traditional KFC philosophy, which emphasised life-time employment, independence and a relaxed atmosphere. Conflict arose due to the differing organisational cultures and corporate restructuring resulted in morale issues for KFC employees. Employee morale would therefore present itself as a primary critical issue for Craig and KFC as feelings of uncertainty and the pressure to perform essentially hinder the quality of service provided. One other critical issue Craig and KFC were faced with regarding the corporation was that of product distribution and growing the KFC brand domestically. Domestic restaurant growth had slowed in the five years prior to 1994, largely due to the financial expenditure required to build traditional free-standing restaurants. Craig and KFC also faced difficulties with their franchise operations. Difficulties with franchises arose due to two issues. Expansion of franchise location due to contract stipulations was one issue (no new KFC units could be built within a 1. 5 mile radius of an existing KFC store). Where franchise owners had once felt independent of the reign of the corporation (this ultimately led to a stronger sense of devotion to the KFC organisation), new PepsiCo management emphasised tighter control over day-to-day operations, which angered many franchise owners. Some other critical issues that Craig and KFC faced involved meeting the demands of consumers and understanding new, niche consumer markets. By 1994, consumer expectations of the fast-food industry demanded -the provision of quick and efficient service -a greater variety of menu items -value for money -that fast food be available at more non-traditional outlets, for example, airports. Another issue faced by KFC was appealing to the needs of a more health conscious consumer, which would involve adding healthier products options to their menus. Critical issues that involved KFC’s competitors largely revolved around the menu items of various fast-food chains. Throughout the late 1980s, most of KFC’s competition was limited to other fast food chains that offered fried chicken. However, by 1994, KFC faced competition from non-fried chicken chains, primarily the sandwich chains, who had introduced fried chicken products to their menus. This issue was of great importance for Craig and KFC, as it meant they lost business to other fast food chains offering a greater variety of food items across a range of food segments. Another issue faced by Craig and KFC was the addition of new, upscale chicken chains to the market (for example, Boston Chicken and Kenny Roger’s Roasters). These new chains targeted a market niche not previously pursued by KFC, being higher income customers and health conscious customers. Essentially, in 1994, Kyle Craig and KFC-USA were faced with the problem of making the transition from an ‘old’ KFC to a ‘new’ KFC. Any business strategy to be formulated from there on needed to focus largely on the consumer. This would mean encompassing current consumer demands for healthier food options at lower prices, greater variety in food selection and a higher level of service and cleanliness in a greater variety of locations. IV. The industry’s key success factors The key factor within the fast food industry is convenience, and it is this that becomes the common denominator for all other factors in the overall managerial and marketing strategy behind fast food franchises. Pricing: Cheap pricing – appeals to younger demographic and general price perceptions (price aversion) of consumers. The cheap pricing is also implicitly reflective of fast efficient and convenient service as consumers expect less quality and care in their service for the money they have paid. Location: Popularity and breadth of franchising shows importance of location to securing market share. While fast food outlets were originally stores with drive-thru and dine-in facilities, they are becoming ever more prevalent in food courts and in the central business districts. Essentially this means that placing outlets within close locality of people ensures greater convenience. Speed and style of service/delivery: In survey 48% of the subjects said being in a hurry or wanting fast service as major factor in their choice. This means that there is a lower emphasis on the quality of the service offered as long as it is fast and efficient. Fast-food outlets offer drive-thru and home delivery so that customers can purchase their meal with minimal effort. Quality and Variety: Although customers do not expect great quality as the trade-off for fast, convenient service and a low price, they are becoming increasing demanding for a greater variety of foods to choose from. Franchises like McDonalds offer a wide range of foods from healthy options, vegetarian, chicken, beef and fish meals. It is McDonald’s ability to combine variety with convenience is one of the key factors behind its great success in the industry. Demography: Dominant growth of family restaurant chains and dinner houses is attributable changing demographic – move towards over 65s who eat out less often and tend to spend more time eating their meal, prefer sit-down restaurants and are more likely to choose more upscale restaurants such as dinner houses. Studies have shown that the 18-24 age group consume around 5 meals away from home compared to the rest of consumers-proving that they are a valuable component of the food-service industry. Essentially, the food service industry has developed itself to be highly compatible with that of the American lifestyle. Consumers are expecting more for less cost and the fast food industry has provided exactly this, cheap food for fast efficient service, a wide variety of choice that is of ever-increasing quality. V. Recommendations for KFC KFC has been around for a long time spanning over some five decades over which it has gained a strong foothold in the fast-food industry. As the market leader in fried chicken, it can be safe to conclude that KFC is in the maturity stage in the product life cycle. While it currently maintains a dominating presence in the industry, changes in consumer preferences, the entry of new fast food chains and their increasingly out-of-date marketing system threatens to send KFC into the decline stage of the Product Life Cycle unless the organisation takes on certain changes that keep KFC up to date with the current market. The recommendations for change can be directly correlated with the critical issues that KFC faces and are best analysed through the â€Å"4 Ps†, or product, price, placement and promotion, and the â€Å"3 Cs†, or rather competitor, consumer and corporation. Note however that there is significant overlap with the two analyses and in our endeavour to avoid repetition, aspects appropriately discussed in both of the models will only be discussed in one at the exclusion of the other. (i) Product KFC’s primary product is fried chicken and the meals on offer rarely deviate far from this base. By offering fried chicken, KFC has made a niche in the fast-food market devoted completely to chicken and is currently the market leader. This is reflective of KFC’s position on the product life cycle graph at the maturity stage as they have gained a strong foothold in the industry and have to continuously remain competitive. Firstly looking into offering a greater variety of choices that spans across food groups outside of chicken may potentially be a viable option. Expanding the menu across a range of food groups enables KFC to gain a later share of the take-away market. Consumers often walk into stores seeking take away, not necessarily seeking fried chicken in particular so offering a larger range of take-away foods makes KFC a more likely contestant in the choice for dinner. Should KFC choose to remain with the core product of chicken, they can still look into various options of differentiation for their product. Firstly, healthy options would appeal to the ever growing health conscious sector. This could entail menu options such as grilled chicken or barbeque chicken. After seeing the success of the golden rotisserie chicken, one can fairly assume that these options can be potentially profitable. KFC also lacked in meal deals at the time of the article, whereas some take-away outlets offered value meals, KFC merely had products on offer individually, which goes against the core demand from customers- convenience. Offering meal deals enables customers to make quick choices on various meal combinations. This leads to the final product option, within the meal deals, KFC should look at â€Å"kids meals† because young children can potentially make up a large portion of the consumer base. Offering value meals with toys attracts the 2-12 year old age bracket and these types of offerings would KFC on par with other competitors. (ii) Placement As KFC continues along the maturity stage in the product life cycle, the need for well thought out placement of new stores and the refurbishment of existing restaurants comes to the forefront of the organisation’s issues because the organisation is in danger of slipping into decline if it is seen as outdated and inconvenient by consumers. KFC should start off with their conventional free-standing restaurant layout and improve on it. With the old outdated buildings, KFC would improve the outlook as well as the convenience factor in their existing stores. This can be achieved through the installation of more drive-thru and dine-in areas which will minimise overcrowding at the counter. This effectively reduces the service time and increases convenience both of which are key factors critical to the success of KFC in the Take-away market. KFC acknowledged the high cost and difficulty in locating land on which to build new free-standing restaurants. But, with convenience as the key factor, KFC can take this drawback as an opportunity and look at new ‘unconventional’ placements of their products. This can include airports, food courts within shopping malls and in the central business district amongst city buildings. (iii) Price KFC should take advantage of their position at the maturity stage in the product life cycle and offer competitive prices that form a barrier to entry of new competition while emphasising their dominance as the chicken market leader. While convenience is the primary factor for consideration with take-away, consumers are becoming increasingly demanding and expectations for lower prices must be met to maintain or gain market share. Once again, offering ‘meal deals’ creates a sense of â€Å"value† for customers while increasing convenience. (iv) Promotion The primary focus within the promotion should be on the kids meals and meal deals because both implicitly offer good monetary value and convenience. The promotion of the new meal deals could be through the use of coupons, television advertising, radio promotions and importantly, the internet, which would provide a convenient access point of promotion through which the organisation can run various competitions and surveys. Through the internet, KFC can gather information on their consumer base and gain increasing recognition for virtually no cost. Furthermore, becoming active in CSR projects is a good promotion tactic as it helps stop the alienation of big corporate giants like KFC from the public and thus increases its good reputation amongst the community. CSR also helps to boost the morale and strengthen the internal culture of an organisation. The 3 C’s (minus material covered above) KFC is faced with changing consumer expectations. Areas including the improvement of provision of quick and efficient service, a greater variety of menu items, and value for money and availability at more non-traditional outlets require KFC’s immediate and committed efforts to address the dynamic expectations of consumers. One major change must be effected within the corporation. PepsiCo needs to create a more supportive structure and environment for franchise owners, and a softer approach to human resource management to encourage franchise parent relationships and possible synergies. A better internal culture whereby management of different levels communicate and address problems, as opposed to viewing other management as competitors could promote efficiency within the organisation and boost morale within the organisation, and in turn productivity. The above is a detailed ‘snapshot’ of the environment in which KFC and the industry at large participated in 1994. It is clear that Kyle Craig and KFC-USA are faced with significant issues but these are not without the potential for innovation and growth. From this analysis, objectives, strategy and positions can be developed to ensure KFC remains the powerful player that it is.

Thursday, November 21, 2019

What are the most important economic concepts that determine the Essay

What are the most important economic concepts that determine the structure of the construction industry - Essay Example nstruction industry, several factors of production are involved and they include, but are not limited to capital, raw materials, and labor (Myers, 2008). All the resources employed in the construction industry play a significant part towards the delivery of standardized and quality products. The allocation of the related resources to an activity is done based on the concept of increased efficiency and matching output levels. For example, the amount of labor available for a set project is subject to financial constraints as well as the availability of the labor in the market. Financial constraints dictate the price and cost of labor and as such, the construction industry is subject to external and internal forces. This introduces the second main economic concept concerned with the examination of external and internal constraints. External constraints or forces relate to outside influences, not in the control of the construction sector such as support services provided by banking and insurance institution (Myers, 2008). The construction sector relies to some extent on the availability of financial support in capital formation from banking institutions and has to develop its structures around financial requirements and standards. External support systems such as the access to insurance are important in the mitigation of the sector from probable risks. Risks in the sector vary according to the type of construction involved and the possible losses could have fatal financial as well as legal implications on the construction sector. However, external factors should not be viewed as limiting factors in the development of concrete structures in the construction sector, but as elements promoting the development of the construction sector. The internal forces influencing the structure of the construction sector are reliant on the allocation and distribution of scarce resources. The participants of the construction sector engage in continued evaluation of internal resources

Wednesday, November 20, 2019

Law discussions (2) Assignment Example | Topics and Well Written Essays - 250 words

Law discussions (2) - Assignment Example Another element is offer, which every manager should know is a specifically, clearly asserted proposition (Margolies, 2007). A manager needs to have a complete understanding of the UCC in the state in which he or she conducts business. This is because the UCC is a detailed canon of laws that lead commercial dealings amongst states in the United States (Legal Information Institute, n.d.). Since managerial dealings involve borrowing funds, letting equipment, setting up contracts, and selling products and services, a clear picture of the UCC within the given state is mandatory to avoid legal mishaps. One practice managers in most industries can take to protect the privacy of their employees and customers is knowing the type and amount of personal data the business deals with (Foege, 2013). Secondly, knowing the organization’s duties and risks is essential mostly to employee privacy. A third practice is involving top management in building a privacy strategy for its staff and clients. Fourthly, forming a game plan that entails a privacy committee inside the organization is encouraged. Lastly, introducing oversight of the privacy program to customers and staff members is critical to their privacy (Foege, 2013). I see personal responsibility and accountability fitting into product liability in the sense that limited liability companies have a second cover of liability defense that shields the enterprise from any personal litigation that might affect it. Foege, A. (2013). 7 Best Privacy Practices for Companies Managing Customer Data. Data Informed. Retrieved from

Monday, November 18, 2019

Discussion Assignment Example | Topics and Well Written Essays - 500 words - 14

Discussion - Assignment Example r to determine the admissibility for tax-exempt status the purpose in the corporate charter must be established, as well as, the way the company operates. Additionally, charitable institutions are exempted from sales and income tax, as well as, Ad valorem property tax. Charitable institutions are defined as institutions that do not have the capital, shareholders or capital stock. Additionally, they dispense help or charity to people who need and to people who apply for it. Charitable institutions do not make any profits or gains in a private sense to any individual who is connected to the institution. For charitable organizations to be exempted under the federal law, the institution must be operated and organized for charitable purposes. Additionally, none of the earnings made by the organization should insure for the purposes of benefiting the individual. For an organization to be exempted from tax the net earnings may not inure to the benefit of any corporation or individual. According to section 501 (c) (3) not all income tax is exempted, for example, in case the charity gets revenue from another business that are not related to charity then they are taxable. Therefore, the lessons I have learned from this module is that charity organizations are made for the benefit of helping people and in case they operate besides their charity work then their income is taxable. Additionally, property that is owned by the federal or state governmental hospitals is exempted from tax. In the case of Provena Covenant Medical Center V Department of Revenue, the medical center applied for tax-exempt status that was based on debt-collection amounts and tactics that the hospital offered. However, the Illinois Department of Revenue denied this application. On Appeal, the Supreme Court further denied the application on tax exemption stating that the Department of Illinois was correct in denying the religious and property tax exemptions because the hospital was charging uninsured

Friday, November 15, 2019

Differences Between Strict And Absolute Criminal Liability Law Essay

Differences Between Strict And Absolute Criminal Liability Law Essay In general, the criminal liability requires the proof of both actus reus and mens rea before convicting a person. When the necessity for the prosecution to prove mens rea (in the sense of intention, knowledge or recklessness, or even negligence) regarding the actus reus elements of the offence is disregarded, either expressly or impliedly, the offence in question is described as strict or absolute liability offence. What is the distinction (if any) between absolute and strict liability offences? Give examples of each. First, it determines what the prosecution must prove. Strict liability offences do not require proof of mens rea in respect of at least one element of the actus reus, usually the essential one. However, proof of mens rea may be required for some of the elements of the actus reus. Absolute liability offences do not require proof of any mens rea element, but are satisfied by proof of the actus reus only. Second, the distinction can be seen by examining the issue of causation In strict liability, the prosecution is required to prove the causation of the actus reus and the offence. In Empress Car Co (Abertillery) Ltd v National Rivers Authority [1998] HL, the lordship said that, While liability [for water pollution] is strict and therefore includes liability for certain deliberate acts of third parties à ¢Ã¢â€š ¬Ã‚ ¦ it is not an absolute liability in the sense that all that has to be shown is that the polluting matter escaped from the defendants land, irrespective of how this happened. It must still be possible to say that the defendant caused the pollution. In absolute liability, however, a crime may not require any causation link at all, if the specified state of affairs exists. In Winzar v Chief Constable of Kent (1983), the defendant was removed from a hospital by police and was then arrested and found guilty of being drunk on the highway, even though the police officers had put him there. The court held that it was enough to show that D had been present on the highway and was perceived to be drunk. It didnt matter that his presence on the highway was momentary and involuntary. Third, it determines what defences are available to the defendant Many academic papers differentiate strict and absolute liability offences by the availability of the defence of mistaken yet honest belief, a common law defence. Where they are available liability is strict, where it is not available liability is absolute. The situation is made complex in case where defence are provided in the statue for the defendant to escape liability. If common law defence is held by court to be excluded from the offence, does the provision of statutory defence disqualify the offence to be an absolute one? Or that it is the nature of the offence that automatically categorized the offence as absolute liability? In the case HKSAR and SO WAI LUN, the court of appeal has the opportunity to look into the case B (A Minor) v DPP, and made the following observation. Section 5 of the Sexual Offences Act 1956 made it an offence for a person to have unlawful sexual intercourse with a girl under 13 while section 6 made it an offence in relation to girls under 16. Under section 6, a defence was expressly set out where the defendant, provided he was under the age of 24, believed the girl to be 16 or over As to the effect of these two offences, Lord Steyn said at 469A B that since section 5 contained no such defence, it plainly created an offence of absolute liability. So the court is suggesting that unlawful underage sexual intercourse, a traditional well-known example of absolute liability, will not be considered as absolute liability per se in the present of statutory defence in the provision. This observation is reaffirmed in the recent case Hin Lin Yee v HKSAR by Judge Chan PJ in para. 198 (ii) and (iii). In other jurisdiction like Australia, the distinction of strict and absolute liability is even blurred by the fact that common law defence like duress and self defence can be available for absolute liability. How does one determine if an offence is one of strict or absolute liability? The question of whether a statutory offence requires proof of mens rea or is strict liability is treated as a matter of statutory construction, the statutory provision enacting the offence must be construed to determine the legislative intention. In Gammon (Hong Kong) LTD v A-G of Hong Kong [1985] PC, the lordship has summarized the approach to the interpretation: There is a presumption of law that mens rea is required before a person can be held guilty of a criminal offence. The presumption is particularly strong where the offences is truly criminal in character. Truly criminal offence usually refers those dealing with violence against persons or property. The presumption is particularly strong because of the stigma attached to the offence. The presumption applies to statutory offences, and can be displaced only if this is clearly or by necessary implication the effect of the statute. Sometimes the offence will expressly specify the type or level of mental fault by using words such as willfully, recklessly, carelessly, etc. In such cases, the court must then go on to define the precise meaning of those mens rea words. Where a statute is silent as to the mens rea for an offence, the courts must decide as a matter of general principle or statutory interpretation what level or type of mens rea applies. The only situation in which the presumption can be displaced is where the statute is concerned with an issue of social concern, and public safety is such as issue. Strict liability has often been imposed in regulatory offences concerning social concern and public safety, such as licensing, pollution, health and safety, driving offences, environmental offences, public health offences. Even where a statute is concerned with such an issue, the presumption of mens rea stands unless it can also be shown that the creation of strict liability will be effective to promote the objects of the statute by encouraging greater vigilance to prevent the commission of the prohibited act. In Lim Chin Aik v R, the defendant had been convicted under the immigration laws of Singapore by remaining there (after entry) when he had been prohibited of entering. The aim of the law was to prevent illegal immigration. The defendant had no knowledge of the prohibition order and there was no evidence that the authorities had attempted to bring the prohibition order to his notice. Since there was nothing D could have done to determine whether a order had been made against him and thus ensure compliance with the relevant legislation, the Privy Council ordered that the offence was not one of strict liability because it did nothing to promote enforcement of the law. What policies are behind the creation of absolute and strict liability? It is said that the imposition of strict liability encourages greater observance of and compliance with law, and this is particularly important where matters of public safety, public health and public welfare are concerned. High standards can be achieved and maintained only if those conducting activities involving risks to safety, health, the environment and so on are made to feel that it is not enough just to take reasonable care; they must take all possible care. Secondly, it is said that strict liability, by relieving the prosecution of the task of investigating and proving mens rea against an alleged offender, enhances the efficiency of our administrative and judicial systems. In HIN LIN YEE ANOR v HKSAR, Ribeiro PJ pointed out a reason in particular why absolute liability should be created. Absolute liability can impose duty on a person (which may be a corporate body) where the conduct or task which is the subject of the duty is in practice likely to be carried out by someone else, such as an employee or a contractor. It makes it insufficient for the employer passively to assert an honest and reasonable belief. It promotes proactive management and diligent supervision on his part to see that the duty is in fact being properly discharged. How do the concepts of absolute and strict liability assist or hinder the Prosecution, the Accused and the Court in a criminal trial? The concept assists the prosecution in a criminal trial since it relieves the prosecutor of the virtual impossibility of proving intent or knowledge of the wrongful conduct, particularly where the defendant was a company rather than an individual. No significant hindrance is observed for prosecution in regard to the application of concept. The concept assists the accused in a criminal trial since strict liability draw a clear line between legality and illegality, which may reduce the information cost for the general public to determine whether he is guilty or not. Unnecessary legal fee may also be saved in this regard. On the other hand, the concept hinders the accused in a criminal trial since it impose liability on people who have taken all possible steps to prevent the offence being committed and should not be blameworthy. The onus of proof is also reversed to the defendant side. The concept assists the court in a criminal trial since it allows the court to strike down the many bogus defense that would otherwise succeed if excusable ignorance or mistake were always accepted as defense. On the other hand, the concept hinders the court in a criminal trial since the courts need to engage in time consuming debates about whether the legislature intended strict or absolute liability to apply. The difficulties in identifying strict liability offences can be seen from the inconsistent attitude and decisions. Also, the court need to justify the creation of strict liability does not per see contravene with the Bill of Rights. [SO WAI LUN v HKSAR [2006] HKCU 1195]

Wednesday, November 13, 2019

Aristotle on Paideia of Principles :: Philosophy Philosophical Essays

Aristotle on Paideia of Principles ABSTRACT: Aristotle maintains that paideia enables one to judge the method used by a given speaker without judging the conclusions drawn as well (I.1 De Partibus Animalium). He contends that this "paideia of principles" requires three things: seeing that principles are not derived from one another; seeing that there is nothing before them within reason; and, seeing that they are the source of much knowledge. In order to grasp these principles, one must respectively learn to recognize what distinguishes the subject matters studied in different disciplines, see first principles as coming from experience and acquire the habit of seeking them in one’s experience and, finally, see first principles as being the source of conclusions. While the second and third points might at first seem to pertain to "nous" and science, respectively, rather than to paideia, the case can be made that paideia involves more of a firm grasp of principles than "nous" and a less perfect way of relating co nclusion to principles than science. Aristotle speaks explicitly of paideia of method, the most noteworthy passage being Bk. 1, c. 1 of The Parts of Animals. He also explicitly identifies certain thinkers as lacking paideia this sort of paideia. Paideia of method allows a person to judge the way a speaker is proceeding without for so much being able to judge his conclusions (639a15). What is less obvious is that Aristotle holds that there is paideia of principles. However, there is one passage which makes this fairly clear (NE 1098b5, cited below). In addition, careful examination of passages where Aristotle calls attention to judgments or misjudgments pertaining to paideia reveals that there is not one but many reasons for calling a method either good or bad, some of which reasons have to do with principles. This can be seen by contrasting the following two cases: Aristotle is critical of ethicists who insist on proceeding solely by demonstration because such rigor is inappropriate to ethical matters (NE 1094b20-28). However, the reason he criticizes Pythagoras for explaining moral virtue in terms of mathematical principles,(1) is that Pythagoras is starting from principles which are inadequate to explaining this matter. Of the two mistakes, that as to the starting point is plainly more serious. Every error as to starting point entails error as to one's subseque nt proceeding, but not vice versa. A principle is always a principle of something, and every method or orderly proceeding has a principle or starting point.

Monday, November 11, 2019

Kaleidoscope Strategy Resume Essay

Pursuing success can feel like shooting in a landscape of moving targets: Every time you hit one, five more pop up from another direction. We are under constant pressure to do more, get more, be more. But is that really what success is all about? Laura Nash and Howard Stevenson interviewed and surveyed hundreds of professionals to study the assumptions behind the idea of success. They then built a practical framework for a new way of thinking about success—a way that leads to personal and professional fulfillment instead of feelings of anxiety and stress. The authors’ research uncovered four irreducible components of success: 1.- happiness: (feelings of pleasure or contentment about your life); 2.- achievement (accomplishments that compare favorably against similar goals others have strived for); 3.- significance (the sense that you’ve made a positive impact on people you care about); and 4.- legacy (a way to establish your values or accomplishments so as to help others find future success). Unless you hit on all four categories with regularity, any one win will fail to satisfy. People who achieve lasting success, the authors learned, tend to rely on a kaleidoscope strategy to structure their aspirations and activities. This article explains how to build your own kaleidoscope framework. The process can help you determine which tasks you should undertake to fulfill the different components of success and uncover areas where there are holes. It can also help you make better choices about what you spend your time on and the level of energy you put into each activity. According to Nash and Stevenson, successful people who experience real satisfaction achieve it through the deliberate imposition of limits. Cultivating your sense of â€Å"just enough† can help you set reachable goals, tally up more true wins, and enjoy lasting.

Friday, November 8, 2019

Abstract for Literature review based on Dentists Knowledge of Ionising Radiation dental radiography. The WritePass Journal

Abstract for Literature review based on Dentists Knowledge of Ionising Radiation dental radiography. Abstract for literature review Abstract for Literature review based on Dentists Knowledge of Ionising Radiation dental radiography. ). More importantly, only a handful of studies have attempted to unveil the facts and current state of knowledge and awareness associated with detrimental effects of ionising radiation in Australian and Jordanian dentists. This study, through questionnaires and interviews, examined the dentists that are giving services in Australia and Jordan and assessed their knowledge of such effects that are linked with ionising radiations. The study was carried through intense literature review was carried out to collect the current background in the subject area and the findings of these studies were critically reviewed. Focus of the literature review was based upon the different factors, such as the complications of ionising radiation, complications in different age group people, preventive measures and the current state of knowledge in the dentists all around the globe. Praveen, et.al (2013) suggests that radiation in dentistry is mainly used for diagnostic purposes and in a dental set-up usually the practicing dentist exposes, processes and interprets the radiograph. Although the exposure to such radiation is kept as very less, it is essential to reduce the exposure to the minimum to the dental personnel and patients in order avoid the carcinogenic and organ damaging effects that can be produced by it.. Several radiation protection measures have been advocated to ameliorate these effects. Dose dependent radiation exposure was identified as a one of the key measures in limiting the use of ionising radiation. As suggested by White and Mallya (2012), wise selection of patients to treat with ionising radiation and implement patient-specific reason, which ensures greater benefits than the harms are the two easiest ways to tackle with the risks associated with ionising radiation. However, Ayatollahi et.al (2012) suggests that this practice is not adequately implemented in majority of the dental clinics. Secondly, the review identified children as most susceptible to radiation exposure. Preventive measures such as use of special radiation protection equipments and dose dependent exposure were suggested to be central in minimising the effects of ionising radiation in children in dental clinics. Moreover, it was suggested that knowledge of such risks in dentists can make a significant contribution in the improvement of safe dental practice, ensuring adequate safeguards of both patients and dentists. The literature came up with a conclusion that up to date and evidenced based knowledge is still lacking in dentist regarding the risks of radiation hazard. This will need re-educating and re-training the dentists, make them aware of ionising radiation risks, and make them able to answer any queries from patients about the risks of ionising radiations (Praveen, et.al. 2013). As part of the clinical practice, all dentists are required to undertake radiography as part of the clinical practice in which dentists and members of the dental team, must understand the basic principles of radiation physics, hazards and protection, and should be able to undertake dental radiography safely with the production of high quality, diagnostic images (Rout and Brown, 2012). Although the grey area that was identified was that, dentists are poorly informed on how to use medical imaging tools safely and efficiently. Furthermore, they are found to underestimate the radiation risk and their devastating effec ts in patients’ long term health. In addition, some of the studies revealed that despite some knowledge on the harmful effects of ionising radiation in patients, as well as in their own health, the knowledge of patient’s protection including the exposure distance and prevention of radiation leakage, protection of personnel, i.e. the occupational risk hazards of ionising radiation, dentists were reluctant to employ these safety measures in day to day practice (Rout and Brown, 2012)). Considering the context of this study, no research has evaluated Australian and Jordanian dentists’ knowledge on the risks associated with ionising radiation in the dental clinics; suggesting the importance and need to carry out this study. This puts patients of different age groups in significant risk of developing pathological conditions that are induced by the exposure to ionising radiation. Thus, designing a training module to teach dentists about radiation safety and risk is mandatory for safe dental health practice. This study provides insights into developing new strategies, policies and practices to minimise or even avoid such risks in the future. References Gray, C.F. 2010, Practice-based cone-beam computed tomography: a review,  Primary dental care : journal of the Faculty of General Dental Practitioners (UK),  vol. 17, no. 4, pp. 161-167. Lalla, R.V., Saunders, D.P. Peterson, D.E. 2014, Chemotherapy or radiation-induced oral mucositis,  Dental clinics of North America,  vol. 58, no. 2, pp. 341-349. Metsala, E., Henner, A. Ekholm, M. 2013, Quality assurance in digital dental imaging: a systematic review,  Acta Odontologica Scandinavica,  . Praveen, B.N., Shubhasini, A.R., Bhanushree, R., Sumsum, P.S. Sushma, C.N. 2013, Radiation in dental practice: awareness, protection and recommendations,  The journal of contemporary dental practice,  vol. 14, no. 1, pp. 143-148. Rout, J. Brown, J. 2012, Ionizing radiation regulations and the dental practitioner: 1. The nature of ionizing radiation and its use in dentistry,  Dental update,  vol. 39, no. 3, pp. 191-2, 195-8, 201-3. Verma, S.K., Maheshwari, S., Singh, R.K. Chaudhari, P.K. 2012, Laser in dentistry: An innovative tool in modern dental practice,  National journal of maxillofacial surgery,  vol. 3, no. 2, pp. 124-132. White, S.C. Mallya, S.M. 2012, Update on the biological effects of ionizing radiation, relative dose factors and radiation hygiene,  Australian Dental Journal,  vol. 57 Suppl 1, pp. 2-8.

Wednesday, November 6, 2019

Diagnosing and Treating Mental Disorders

Diagnosing and Treating Mental Disorders Free Online Research Papers Mood Disorders affect around forty four million Americans each year. Mental illnesses are the most common affecting mental health today. The two most common mental disorders being depression and bipolar disease. There are several factors in which researchers believe contribute to mental disorders. Some researchers believe that the most severe mood disorders are caused by imbalances in the brain’s chemical activity. Researchers also believe the environment can play a part in mood disorders and it may run in families. Some mood disorders may be easier to diagnose due to the symptoms that the patient is showing, while others may be a little more difficult and require more testing due to the mood disorder going unrecognized. The good news is that with the proper medication and psychotherapy a person afflicted with a mood disorder can go on and live a productive life. With mood disorders such as bipolar disease and depression being so prevalent in the United States, is there more we should be doing in regards to research to curtail the number of people of who are affected? Bipolar disease is a mood disorder which is defined by extreme mood swings and â€Å"regular† behavior. Researchers believe that this particular disorder runs in families. This mood disorder usually begins in a person’s middle twenties and last throughout their lives. If gone untreated this mood disorder has devastating effects like divorce, job loss, and possibly even suicide. Symptoms of this mood disorder are increased energy, less need for sleep, inflated self esteem and poor judgment among other things. It is really hard to diagnosis someone with this disorder unless they are given a full medical evaluation. There are no lab tests to diagnosis someone with bipolar disease. Effective treatments are available that greatly reduce the suffering caused by bipolar disorder, and can usually prevent its devastating complications. However, bipolar disorder is often not recognized by the patient, relatives, friends, or even physicians. People with bipolar disorder may suffer needlessly without proper treatment, for years or even decades. Also, many patients do not respond to at least one drug, and many show no response to several. This means that combination treatment is often the rule because a combination of different drugs with different methods of action can be more effective without increasing the risk of side effects. Lithium is still the most used drug overall in mania, but mood stabilizing anticonvulsants are also widely used† (Bipolar Disorder, 2007, para.3). Depression is a mood disorder described as a person’s feeling of sadness extending past a couple of weeks. Three to four million people in America are afflicted with disease which is more prominent in women. Researchers are still unsure which brain mechanisms actually cause this mood disorder. Depression affects a person’s appetite and sleeping patterns. The person may also lose interest in activities that they enjoyed before. The person will also experience suicidal thoughts and behaviors. To really diagnosis someone with depression they must display some of the above mentioned symptoms longer than two weeks. There are also different terms associated with these mood disorders. The term clinical depression means that an episode of depression shown from a person was so great that it requires medical treatment. There is major depression when the disorder is so great that a person is unable to get themselves out of bed. Finally there is seasonal affective disorder in which the disorder is associated with the seasonal changes in the amount of available daylight. A good example of this is when we turn our clocks back an hour in the Fall for Daylight Savings Time. There are several types of therapy available to help people with this disorder like: interpersonal therapy, behavioral therapy, and electroconvulsive therapy when small amounts of electricity are applied to the scalp to affect the neurotransmitters in the brain. Medications used to treat this particular mood disorder are: tricyclics, selective serotonin re-uptake inhibitors, and monoamine oxidase inhibitors. Mood disorders are serious mental illnesses which affect many people in the United States. The most common being bipolar disease and depression. The difference between the two is that bipolar disease cannot be diagnosed with a lab test; you have to have a complete medical evaluation to diagnosis this disorder. The sad part is that by the time you go for a medical examination you may of done things to disrupt your life and the life of others. In most cases people who suffer from bipolar disease do not realize what they are doing during an episode and are off their medication. It makes me think of a guy I work with whose wife suffers from this disorder. She would go off her medication because she felt fine and go missing for a couple of days. There are also the days when she has an episode at home and the police come to the house. The sad part is that there is a young child is involved, so not only is the mood disorder affecting her it is affecting the rest of the family. The good news is that there a good portion of people who have this mood disorder are being treated and are able to live normal lives and hopefully with more technological advances we will be able to combat mood disorders all together and make America a greater society. Research Papers on Diagnosing and Treating Mental DisordersArguments for Physician-Assisted Suicide (PAS)The Effects of Illegal ImmigrationGenetic EngineeringThe Masque of the Red Death Room meaningsCapital PunishmentThe Relationship Between Delinquency and Drug UseWhere Wild and West MeetThree Concepts of PsychodynamicPersonal Experience with Teen PregnancyInfluences of Socio-Economic Status of Married Males

Monday, November 4, 2019

Exectutive Coaching Essay Example | Topics and Well Written Essays - 1250 words

Exectutive Coaching - Essay Example And Terry Larsen wants to turn the bully nature style of management environment into caring and more open cooperate culture which is made up of mutual trust, teamwork, spirit and respect. In the time of Yvette Hyater-Adams and Terry Larsen, they both aimed on these issues and arranged and conducted workshops and training conferences related to diverse cultural, gender discrimination and diversity. The main issues which CoreStates was going through were also the same. There were these inside politics which were eating the environment of organization like termite. So the main issues which a company was going through were culture issues, lack of respect, openness towards diversity, mutual learning, lack of teamwork and trust. Hyater Adams and Terry Larsen though both were from different background believed in same vision and wanted to bring discipline and mentor the people of organization. So they aimed to improve the cultural relation of workers in Corestate. OCCURANCE OF ISSUES: When Hyater Adams joined the Corestate, she being a black woman has always faced hard difficulties. She wanted to apply her broad vision of culture and diversity to the people of Corestate. Being a vice president she had a position to bring and apply her vision which was not an idea leading to personal betterment but to the organization. Tarry Larsen and Hyater Adams

Friday, November 1, 2019

Legal Advice Case Study Example | Topics and Well Written Essays - 1500 words

Legal Advice - Case Study Example Harvey Carpets Ltd has agreed to provide the financial support to enable the Football Club to build a new stadium. The Football Club is at a loss as to how where to start in proceeding with developing their new stadium and have turned to you for your advice. During your initial meeting with the Football Club you learn that they have very little experience of the building process but are familiar with the basic terminology. The Football Club has a budget in mind for the project and is keen for the new build to make a statement about the bright future the Club seeks to enjoy and to promote strong links with the community and local schools. The Football Club has obtained outline planning permission. i) The range of professional appointments the Trustees could make during both the pre-construction phase and during construction itself. It will be discussed which professionals should be appointed and how the choice is influenced by one's preferred procurement option. ii) The procurement options available for the design and construction of the stadium and details of one's preferred procurement option with supporting reasons for one's expressed preference should be discussed. The following report is written for the benefit of The Football Club with the aim that it can be used as a basis for discussion at their next Board meeting called to decide the future of the project. The Board is directly addressed. To the Trustees of the Board: As your advisor, I suggest that you hire three people immediately. These three people would be an architect, a contractor, and an accountant. The reasons for hiring each of these three people will become quite apparent very quickly. The reason one needs to get a good architect is paramount. A good architect on the project lays the foundation for everything else. "Architectural services should be calculated as part of the project cost, typically just under ten percent of the building budgetArchitects bring a global vision to the very complicated process of building'" ("Working With an Architect," 2010, p. 1). Ideally, one wants to choose an architect for the project who has character. In the same way this architect's character is, so shall your structure be. You want an architect who will be able to see the project through from inception to completion. Therefore, this person is going to have to envision the project as well as bring it to fruition. The architect has to have a good idea in mind of what the finished product is going to look like. Therefore, you must choose an architect who not only can produce physical plans for what a building will look like-but someone who has a vision. By vision, I don't mean that he can see well. By having vision, I mean that this architect should ideally have a good grasp of architectural principles such that he or she knows what makes a striking building, and how that knowledge can best be applied to your particular project. Now, in this instance, I would be